Good evening >> and welcome to the January 22nd, 2026 meeting of the Indian River County Planning and Zoning Commission. We will begin with the pledge of allegiance. Please >> to the flag of the United States of
America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. That's the loudest punch I've ever heard. >> At this point in time, I'll turn the um
floor over to Commissioner who will hopefully explain what's going on. [laughter] >> I hope so. Thank you very much. For those who don't know me, I'm Laura Moss on County Commission and I've asked Ryan Sweeney to go through and actually show
you how to get to the agenda on the county website. I think a lot of you and I know I spoke to the group that was waiting outside. I think a lot of you were here tonight for Epic, which was never on the agenda. So, the best thing to do is to check the agenda, get your
own information. It's easy. Ryan's going to Right. Mr. Sweeney will show you how. Um, it's very easy to check. Um, and then you'll know exactly what the meeting is about before you get here. You don't have to find out, you know, once you're here. But I'm glad you're here. It's excellent you're here because
we have workshops coming up in October after Mr. Sweeney takes you through uh so you can see how to check the agenda for the future. And by the way, every meeting is videotaped. So this is being videotaped. Uh it's always available to
you. There are minutes. The videotape usually is uploaded sooner than the minutes. So you can watch any meeting. You can watch past meetings. Indian indian river.gov. It's our beautiful new relatively new website. And by the way, all the meetings are videotaped. County
commissions videotaped uh planning and zoning. Anything you might want to look at. So I'm going to let Mr. Sweeney uh show you how easy it is to get to the actual agenda so that you don't have to rely on Facebook. Uh social media can be
a little well um what [clears throat] I don't know what you want to call it, >> but dicey. Thank you, sir. Can be a little dicey. So, I wouldn't rely upon it. Please just go to the website and check the website. Mr. Sweeney, I'm going to let you take it away. Thank you, sir.
>> Thank you, uh Commissioner Moss. Uh just real quick, we have the county website which is indian river.gov. You can also just Google Indian River County and it's typically the first website that'll come up. And if you go on the across the top there where it says government, and then you're going
to want to look up uh planning and zoning commission, which is right here among the many committees that we have. And then right here on the left hand side, related links, you're going to have the agenda and the minutes and the the video as well. So for tonight's meeting, we only have the agenda. Um,
this typically gets posted a week before the meeting. So, the Friday before the planning and zoning commission, the agendas are posted here and you see all our previous ones. So, um, and then all you have to do is click it and it it opens up and you can review what's on on that agenda. Um, with that, I will also
mention the Oslo corridor and then I am going to address the this so-called epic project in a few minutes after election of the chair and vice chair. >> Yes, I wanted to take this opportunity since there are so many of you present. I'm glad you're here tonight. I know. I really am. Um I need this kind of
participation. I need this kind of enthusiasm. I I need it because we have workshops coming up for Oslo Road >> and that's in February. Um I gave away a number of the flyers outside. This is my last one, so we're using it on the
overhead. Um while the meeting is in progress, I'll run back upstairs and make more copies and leave them on the table outside. So if if you don't if you can't see this, it's unclear. They're in fe it's, by the way, it's one workshop, but it's three different times and
places for your convenience. So I would love and I'm sorry I have my back to some people. I would love for all of you to show up for the workshops. It has to do with development. It has to do with that Oslo road corridor. I mean, we have to be focused on the entire county, not just, you know, bits and pieces of it.
So please help me. Please participate. And again, I'll make extra copies and they'll be waiting for you out in the back. Thank you very much and thank you to the planning and zoning commission and thank you Mr. Sweeney and Mr. Stole. >> This will be posted on the website uh fairly soon as well if you under
notices. Um with that we'll return sort of to a normal order and then we'll I'll make one more announcement after election of the chair and vice chair. >> Right. So our first order of business is the election of a chairman and a vice chairman. And Susan, I'll turn this over to you.
Thank you. So, we're going to go ahead and start with do we have any nominations for the chair position? >> I nominate Dr. Day. >> I'd like to nominate Tom Lauder. >> Hold on. Did I hear
>> I got a second to do I get a second to Dr. Day before I got the >> I'm sorry. Can we >> Who seconded? Okay. >> Okay. And then we have since we have a second to that I have to go to motion. If that one fails then we can move on
with another one. But I would like to we need to now call a motion for the nomination of Dr. Day. >> I'm sorry. Open. >> We have a motion. You need a vote. >> No, I was going to say we have to call the vote. >> That's you kept saying motion. >> I'm sorry. Go ahead and please go ahead
and call since we have the second. If we can go down the roll call, please Lisa and see >> Jordan Stewart. Hi >> Mark Moocher. >> Yes >> Calvin Reigns. >> Was that an IRA? I'm sorry Kelvin.
>> Thank you. >> Tom Lawther. >> Yes. >> Robert Votto. >> Yes. >> Chip Landers. >> Yes. >> Okay. So that makes um Dr. Day as the chair
for the planning and zoning. Now I'd like to open up for um nominations for vice chair. >> Nominate Tom Lawler. >> Second. >> A first and a second. All of those in favor? >> I. >> Any opposed?
None. Motion carries. Thank you. We have our chair and vice chair. Thank you very much, gentlemen. >> Thank you. Um any additions or deletions to the uh agenda tonight, >> Mr. Chair? There are no additions or deletions, but I do want to take this
point before we get into our normal business tonight. Um, I believe the the reason the room is is packed is because of a flurry of activity on primarily on social media over a project that some are referring to as Epic City or Epic Estates. That project is not on the
agenda tonight. That project really does not exist. Um, Epic Estates >> order. >> Epic Estates LLC through several LLC's owns several large tracks of of properties west of I95 in Andover
County. Um, they've had three pre-application meetings which are conceptual about doing what's called an affidavit of exemption. It's a rural subdivision where they can create 10acre lots. Two out of those three, there are access
issues. One might be viable. They have not filed any formal applications with the county. There's also been rumors about a new town. Um, none of that has come to fruition. Something of
that size would be noticed to the gills. So, Epic Estates exists. They are a land owner in the county. Um we've have had preliminary talks about this affidavit of exemptions which again creates 10acre lots which is allowed in the A2. There
is no proposal to reszone large acreage of land. There is no proposal to subdivide into anything smaller than 10 acres. Um so with that being said anything that were if if anything like that were to come it would be a quai judicial matter. Affidavit of of
exemption specifically go directly to the board. they don't go to PNZ, but anything for resoning, land comp plan land plan amendments, we'd go through the normal order come to you all and then ultimately the board. Within the past two years, we had our urban service boundary. Let me note also all of the
Epic Estates properties are outside of the urban service boundary. There's been no direction to move that boundary except for the Oslo corridor, which we're working on, and that's what those workshops are about. Um, Epic doesn't own any of that property. With that
said, um any you know the the public's welcome to remain and participate. We do have a public hearing. Any comments that are heard tonight need to be specific to the item at hand. >> If I so to summarize, there is nothing
on the agenda tonight about Epic. >> Correct. >> Nothing. >> Zero. So, there is a public hearing um that is a staff initiated request to modify a um an existing land development
regulation. We'll get into that in a minute, but there is nothing on the agenda about EPIC tonight. >> That is correct. >> Thank you. >> Um >> so, we have approval of the med of the minutes for December 11th, 2025.
>> Motion to approve. >> Second. Second. >> All in favor? >> I >> Any oppose? The uh minutes for December 11th, 2025 have been approved. >> Do you want to >> Dr. D? Can I take a moment to leave? >> What? Can I suggest we just take a
couple minute break for people to relocate if they'd like? >> Right. We'll we'll break >> five minute recess. >> We'll we'll break for five minutes because there'll be no discussion about Epic tonight. Let's get this show on the road. >> But but we'll see. We'll see how it goes
and then if he's being gled out of order. >> Okay. Order, please. There is one agenda item tonight. It is a public hearing
and the agenda item is reasonable accommodation ordinance and this is consideration of a staff initiated land development regulation an LDR amendment
to create a reasonable accommodation ordinance including certified recovery residences. That is the only agenda item tonight. So, um this is a legislative. So, there
are uh there's no um um expartite communications. Do you want to do uh reasonable? Can you um uh consider this >> for is it necessary for Yeah, >> I'm sorry.
>> It's not necessary for this because it's legislative, sir. So because it is we can go ahead and move forward with staff's presentation. Then you would open the public hearing. Um I mean you would ask her questions, open the public hearing, close the public hearing and then vote.
>> Okay. So anyone who would like to speak on this, please stand and be sworn in. >> Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? >> I do. Staff presentation, please. >> Thank you, Mr. Chair and members of the
commission. For the record, I'm Ryan Sweeney, assistant planning development services director. Tonight, we have the request or land development regulation amendments to create a reasonable accommodation ordinance, including certified recovery residences. >> So, just briefly, the LDR amendment
process is legislative in nature. Uh it requires a public hearing by the planning and zoning commission with a recommendation to the board of county commissioners and then a final public hearing by the board of county commissioners. So a little background and analysis for this proposed LDR. The county does not
currently have a reasonable accommodation procedures established within the adopted LDRs. Uh they probably should have been already in our uh LDRs. I can't speak to why they're not. So this this this uh set of amendments actually does two things. that uh first creates the reasonable
accommodation procedures and then more recently the proposed LDR amendments will also confirm that certified recovery residences are eligible to request reasonable accommodation via newly created procedures as directed by Senate Bill 954 which was adopted in 2025 is now codified as section 9
397.487 sub15 of the Florida statutes. So, I am going to run through each section of the proposed ordinance. In summary, uh section one establishes consistency with the Federal Fair Housing Amendments Act or the FHAA and
title two of the Americans with Disabilities Act or ADA. Section two, it uh states that requests for reasonable accommodation shall be submitted to the Planning Development Services Department and identifies time frames for review of the request. Section three discusses medical
information and that the county should make every effort to treat said medical information as confidential. It's not public record like most other things with the county. Section four establishes that the PDS director shall have the authority to consider and act on requests for reasonable accommodation and outlies the
process for approval, partial approval, or denial of each request. Section five, applicant must demonstrate a handicap or disability as defined in the FHAA and or ADA. Section six outlines the appeal process if the request is denied and identifies
that the county administrator shall shall hear the appeal. [clears throat] Section seven confirms that there shall be no fee imposed by the county in connection with the request for reasonable accommodation. And section 8 confirms that any property purchase, building, construction, or
other work associated with establishing a project or residence uh housing individuals covered by FHA and or ADA while an application or appeal for reasonable accommodation is pending is considered to be at risk. Section 9 outlines several general
provisions for the reasonable accommodation process and section 10 identifies the information that is required to be included in a reasonable accommodation request form. The proposed LDR amendments have been reviewed by the county attorney's office and are consistent with the section 397.487
sub15 of Florida statutes. And with that, staff's recommendation is that the planning and zoning commission recommend that the BCC adopt the proposed LDR amendments to create a reasonable accommodation ordinance including certified recovery residences. Um, that's staff's presentation. Thank
you. >> Thank you. Commissioner questions of staff. Uh, [clears throat] any commissioners on my right? I only have one. >> Okay. >> Um, Mr. Sweeneying, it's my understanding that in a situation like this, if I'm a land
owner, I have a rental residence, I have a handicap occupant and I want to put a ramp in, but that ramp impedes on the setbacks of the property. This will allow
the planning staff to make a judgment on whether or not >> per perfect example. Yes, >> it it it is acceptable. >> Right. >> The only thing I questioned was knowing the ADA
and there's reference in here to the occupant identifying the disability. It's my understanding that it is not legal to ask an individual what their disability is and I I I know that it's
you know confidential. >> Sure. >> But uh that was my only question was the the questioning of the disability. >> So thank you Mr. Chair uh Commissioner uh Reams. The the the onus is that they have to establish that they are in fact
handicapped or disabled per FHA or ADA. I don't know that they have to specifically, you know, specify how or what that medical condition is, but they do have to verify that they meet that criteria, if that makes sense. >> Okay. >> U, but your example is perfectly right. And just to clarify, this is simply a
process whereby they can request said reasonable accommodation. So, a it's not a mandate that we have to approve it or deny it. It depends on the level of what the ask is. So your example of a ramp that en encroaches a foot and otherwise what would be a normal setback probably
not a big ask probably something reasonably to accommodate if they want to you know put the ramp you know 50 ft in the air for some reason then that doesn't make any sense so that it's a process >> right but statemandated correct >> correct and the other component is uh
that prior to 2025 individuals that were handicapped or disabled per FHA JA or ADA, they were the only ones that were allowed to request a reasonable accommodation. This what what changed in 2025 is that certified recovery
residences are also allowed to request said accommodation. Again, not mandated. If we have a criteria that would otherwise um good example is like a a a spacing uh criteria for one from the other. um if they want if they want to
drop down by a foot again that's probably not a huge issue but if they're they want to be next door then we you know we would more likely deny so it's just a process >> thank you Calvin >> yes sir >> thank you any on the left >> I've got one question Ryan how have we
how have we handled this in the past as a county >> we there's been no requests that's >> we had no request period >> correct >> so the state just feels that they need to dictate to us that we need to implement something because they have an issue. >> That's I >> can't speak to that. [laughter]
>> Government >> and tech technically looks like we're mandated to have this in place or should have had it in place by January 1st, 2026 per the Senate bill. >> Correct. That's correct. >> That's all I have. >> I have I have just a couple of questions for you, Ryan, real quick. Uh, one of
the things that that I noticed in here is that the county administrator shall hear the appeal um on something that is ADA compliant and and has a lot of that on there. I just wondered why that wouldn't have gone to like the the county commissioners where you have a group of people so that there could be
no prejudice uh put on poor, you know, our director um and that kind of thing. I just wondered, you know, Susan, maybe you can speak to this as to the legality of it or or what would happen. >> Can I say one thing first? Sure. >> I think the the legislative intent was that it be held at the administrative
level and not have to go to the board which can further delay. But if Susan wants >> Okay. >> So I can tell you that we're following basically our normal appeal processes when we have something that's a decision that's made by the the planning and services director. Um if anything's
appealed from that decision, it normally does go to um for administrative matters, it goes straight to the county administrator. So that's normal underneath our appeal processes. Yes. Under our code. Yes, sir. >> And then the only other thing I I had was um I noticed that the um county
would not enforce uh the subject zoning ordinance to rules and policies and procedures against the applicant uh during the approval process. And I just wanted to make sure nobody gets into trouble moving forward with something, you know, that may or may not be approved.
>> Hence, henceforth the at risk clause. So yes, we w we would not enforce the zoning or other rules during the application process. However, everything that they do is also considered to be at risk. So if it is ultimately denied it,
they have to return it back to the prior state and >> we we don't normally do that for any other. >> It's it's stat it's verbatim statuto. >> It's okay. So it's statutory through the state. Thank you very much. >> Good. One question. So the the staff
initiated rewrite or drafting of this document is strictly to bring us into compliance, us being Indian River, into compliance with state law. >> Correct. There's really only two ways to go about an LDR amendment. One is staff
initiated, which in this case is by by virtue of mandate. The other is applicant initiated. Um and that's more for if somebody wants to an outside private entity wants to make a change to the LDR, we have a separate process. So, so yes, it is staff initiated, but it's really a a formality that we have we
have to do it, >> right? And is this a totally new rewrite of or a totally new LDR or is it a rewrite of an existing LDR? >> It's a new it's a new section >> within the LDR. >> Okay. Okay. >> So, h had we already had a reasonable
accommodation section in our LDRs, the only change we would be do would be to add certified recovery residences. But because we didn't have that section, we had to create an entirely new section and bring the certified recovery res part into that same fold. >> Okay, good.
Anything else? >> Just kind of out of curiosity, do you know roughly how many certified recovery residences we have in >> I do not. They have a selfcertification process. >> So, all right. So, this is a public hearing.
I'll open the uh uh hearing uh the public hearing for anyone who would like to comment on this LDR and this LDR alone. Um the uh there are two uh podiums. Uh please state your name and
your address when you come up to the podium. And I don't believe I saw anyone sworn in. I don't think I saw a single person sworn in. So if you're going to talk, if you want to talk, get sworn in now. Just hold on. >> Just hold on. Let's open the public
hearing. >> If you want to talk, get sworn in >> and then then we'll go. So, we'll open the public hearing. Anyone that'd like to talk, get sworn in. >> Stand up.
>> Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? >> Yes. And if before we start, if I may, please remember that the comments are to be relevant to this public item only. It's not to be on any other item. >> Well, I just came here for a specific
reason and then was told it didn't come up. I don't understand. >> You were misled. Yes. >> And you missed the introduction of why that happened. >> Uh fa uh you were misled by Facebook. >> So there is no hearing for that. Can we get it? >> That's correct. No, sir.
>> That's correct. They they they have never come before us right now. It's not even on the agenda. >> No application. >> Again, that's social media. >> We don't have to worry about it then. >> No, sir. >> No, sir. >> Not now. >> Thank you. You got it, boss. >> Check your agenda.
>> Go on to the county website, check the agenda for every meeting, and and you wouldn't be here if you'd done that. >> No, no, I got you. I just We got a little worried, man. [laughter] I mean, that's some scary stuff. >> Yep. I hear you. I I just want to make sure that when we're coming up for public comment,
because this is a public hearing for this particular item, we have to stick to this particular item. So, if someone has comment for this item, please feel free to come forward to the podium. >> Okay. >> And state your name and address. >> Sure. My name is Katherine Quenville and
I live at 63 52nd Square. And thank you for allowing me to ask. I was just wondering does or would the ADA context in the LDR discussed tonight apply at all to the locations that were
under condition uh in consideration for Epic also? Would this potentially apply to them? >> No. >> No. >> Uh ma'am, that's outside of the service boundary. >> It has nothing to do with us. >> Yeah. >> Okay. If they don't have any ADA
considerations, >> it's outside of the scope of >> doesn't mean that >> I Yeah, I'm afraid I don't follow you on that. I just wondered if this would also apply to them because earlier I was trying to take notes, but you said
something to the effect there were small applications in or >> so some there are currently no applications in for this. What we're doing right now is we're simply enacting an ordinance that the governor signed
into law last July and ordered us to allow this to happen on any property, any property, anywhere all over the state of Florida >> that sits there and is able to prove that this person has a disability, they can get these accommodations,
>> right? So for the accomodations, so and apply for the accommodations. That's all this does. >> Okay? And so if Epic were to apply, >> it's irrelevant. I'm sorry. It is irrelevant. Talking about Epic. >> I understand. I understand. >> Nice. Nice try. But we're not talking
about Epic. >> I had to, but try. >> Fair enough. Thank you. >> Oh, here they come. >> To the podium. Have you been sworn in? >> None of you want to speak, get sworn in. >> Have you been sworn in? >> I'll do it now.
>> You need to get sworn in, please, ma'am. >> Yeah. Everybody needs to be sworn in, please. Hold on. What? >> Anybody who wants to speak. >> Warner, please. >> Anybody who wants to speak, if you could stand and get sworn in now. >> All at once. Y stand up. >> Do you swear or affirm to tell the
truth, the whole truth, and nothing but the truth? >> I do. >> Yeah, I do. >> Thank you. >> Hi. Thank you for doing this important work. I appreciate this. >> Name and address, please. Gail Bubenick, 4631 Pratt Circle, Vero Beach. Uh, in
reference to the ADA, you talked about physical disabilities. Does this also apply to mental disabilities and having residences or accommodations for people
with mental disabilities? >> Yes, ma'am. >> Yes. Any >> Okay. And that would be for instance what? anything that's covered under the American with Disabilities Act. >> Okay. So, we could have things like halfway houses,
um, mental institutions, um, drug and alcohol, addiction facilities, anything under a psychologist, so I know of which I speak. So
you're talking about any of the mental disabilities also that we have a obligation to provide anything that we need in the county if a person says that they need it >> as any place any place at all in the
county. >> No, we don't certainly do not have an obligation. We have an obligation to create a process whereby they can request a reasonable accommodation. So, for a mental disability, if they were um needed extra soundproofing because they
were extra sensitive to sound and for some reason that caused them to not meet a zoning or building criteria, that would be a reasonable accommodation. It's this is not opening the floodgates or or circumventing the zoning code to allow all these types of uses
throughout. >> And Ryan, this is something that's happening all over the state of Florida, not just here. >> Okay. So, group homes for the mentally ill would fall under that. Correct. >> Yes, ma'am. But only if they needed to have some kind of approval for the
handicapped person that doesn't meet the zoning that they're in at this time. It means that they can request for help and it like like Mr. Dream said if if you know if this ramp that they need or if if they need to park their car somewhere
you know and it doesn't meet code well maybe you know that's a reasonable request they can park closer because of you know whatever their handicap may be whether it's mental or physical. It's just to do to handle things that are outside of the code for that particular
property and it gives them a venue to ask for a reasonable request and that's all this ordinance does. >> Okay. I'm talking about more about the mental disability. If someone were to come in and say, "I need a group home. I have schizophrenia." Do we have that
obligation to >> This has nothing to do with >> no obligation. >> No obligation to present at that home. That's not what this order is for >> or to or to review it to say, "Well, maybe we'll look for something." It's my understanding is that would have to go through the proper procedures to have a
home approved and meet all code and zoning requirements for that home to go in to do whatever uh the services are that are going to be provided by that home. >> Okay. So, we don't have nothing to do with that. No. No. So, this isn't going to say that, okay, this house in your
neighborhood is all of a sudden going to be allowed to be a mental institution for, you know, whatever the mental problems may be that they serve in the community. Um, so they're not going to It doesn't This has nothing to do with that kind of zoning. >> Okay. >> Am I correct? >> That's correct, Mr. Chair. We are at
three minutes for this particular speaker. >> What's that? >> We are at the three minutes. >> Okay. >> Okay. Thank you. >> Thank you. >> Thank you. My >> name and address. >> My name is Randall Laws and my address is 83 Blue Island Street in Sebastian.
>> My question is one or more process. I think you had mentioned that um this law was uh signed by the governor in July. Yes sir. So >> and and prior to that obviously it was passed by the legislature and prior to being passed by the legislature it would have been work in working in committees
for quite a while. Why is something that was passed and by the governor and signed that's obviously been in discussions? Why hasn't that been tracked and why are we just talking about that tonight? Why wasn't this done quite a while ago? That's a lot of months to sit on something that's been mandated by the uh governor.
>> Mr. Sure. The uh the the effective adoption date was January 1, 2026. Um there was some procedural issues as to why we're just now hearing. I mean, we're we're still in January. We did miss that date. Um but the signing
in July, it didn't take a it didn't have a a date until January 1. Was the uh was there any tracking done by the commission on this bill? We have a whole legislative team as it was going through. >> We have we have a legislative team.
We're tracking bills every single day. >> If it was being tracked, then why wasn't this done >> in anticipation of that? We don't we don't do that. We don't you don't pass things in anticipation many times because you don't know if it's going to
get passed A and B because obviously many times we get preempted. For example, former SB 180 which preempts us from a lot already. So those kinds of changes, if you're looking to make those kinds of changes, you need to contact your state representatives because we
don't have control over what they're discussing and what they do in closed sessions. So, what I'm understanding is that multiple counties, many counties, if not all counties in Florida are in the same position that we are. We're signing it late and putting it in late. >> Yes.
>> Okay. Well, that obviously is something that I would feel that you should as a commission forward back up to the legislature and let them know that that's a problem that they're mandating things for you that you aren't getting enough time to be able to implement. >> Is there a vehicle for doing that? Is it
for the commission to to be able to put that information back up to the legislature? >> I would have to come from constituents. >> If if I could, Mr. Chair, just not to make excuses, but this legislative session was un unlike any other. Um, it went until it's effectively June 30 and
and bills got signed in the very next day. So, it's it's it was really hard to know what was going to get passed and and what was not. But this also is the case for other things that are currently under discussion at the legislature and on the the governor's desk. So if there isn't a stable [clears throat] process
for this commission to be able to give feedback, we're going to see this again. We're going to be and you know these type of things can carry monetary penalties for not being implemented on time. So, I would really recommend hard listening to this that there be some
type of a formal setup, some type of a formal method that feedback like this can get up to the legislature because otherwise sooner or later we're going to wind up being late on something and we're going to wind up having to pay for. >> I think you'd probably in my opinion have more bang for your buck if you had
this same discussion at the level of the bord of county commission because they carry more weight than we do. >> And that's true. You're one commission among a large number that that >> correct. They're the ones that can can have the ear of the governor and the legislature and do that. All we do is try to recommend. Sometimes they like
what we do, sometimes they don't. >> And but you have a [laughter] a shorter line to them than we do. You know what I mean? >> Yes. And yes and no. We we we finally had our first joint meeting with them after what how many years, guys? >> So it it 20 Well, I was county
commissioner in 2002. So, we just had a joint meeting with the board of county commissioners month and a half ago. >> Okay. >> First time in 22 years. So, we don't necessarily have that communication that you all think we have. >> They don't review your media. >> Oh, they Oh, absolutely. They review
everything. Well, they're supposed to review everything we send in. I'm not telling you they do that. But I'm just saying what you're what you're talking about would have more bite in front of them as it would with us because they're the ones going to make that that motion. Hey, you know what? We do need to send this to Tallahassee. Right.
>> Right. And this LDR will go from here up to the county commission. So you can have the exact same discussion that you just had >> at the county commission meeting. >> Okay. It's good. I think it's good to put that type of request out at multiple >> commissions in multiple ways because you know one or two may not get through but
if you get did it 10 times one's going to get through. I appreciate your time. >> Question. >> Good evening all. My name is John Uubic, 1995, First Place Southwest. I'm going to give you an easy question. Can you please define recovery residence?
>> It's Let's see here. [clears throat] >> Yeah, he's looking at if you could give me a minute. I've got to pull it up in as defined in Florida statute. So, give me one second. >> Imagine it came by way of state statute, didn't it? Ryan, >> it's it's it's verbatim. That's as defined.
>> It's defined to our statutes. Yes, sir. [clears throat] >> So guys, as much as you're taking it serious, and it is serious, our hands are tied because it's come from the state. And the only way of changing that is to go to the BOCC,
voice your opinions to them, and see if they have well, see if they have the means to do that. >> That's my opinion. And that's and that's probably a good approach. All I'm asking is for a definition of a recovery residence. >> He's he's looking it up
>> looking it up. It's what the state has mandated. So >> I understand it's mandated. I I don't know what one is. And apparently there's a bunch of us that don't either. >> Well, I can tell you I had a totally different view of this too when I first looked at it. So it's it's Yeah. >> I'm not pinging on you guys. I just want
to know what definition of the recovery residence is. >> Here we go. And if if you have issues, uh again, this movie is going to be replayed at the county commission. Go and have uh present your problems at that meeting at two. >> There you have it right there.
>> All right, here we go. Certified recovery residence means a recovery residence that holds a valid certificate of compliance and is actively managed by a certified recovery residence administrator. And then there are levels uh below. Um, again to clarify, this is
not saying that certified recovery residences are going to be on on every corner of every neighborhood. This is saying that certified recovery residences are allowed to apply for these same accommodations as an individual that is handicapped or disabled. If the accommodation is not
reasonable, the county has grounds to deny. Um, it's just it's a process. Okay, I think that cleared it up for everybody, including myself. [laughter] >> Thank you, Mr. Unic. [laughter] >> Good evening. My name is Carlos Sanchez.
I live at 6176 Coerty Place in Vero Beach. Uh my question first of all is if the person doesn't have to define per the ADA and I had a dental practice with a small building so I know the experience of having made accommodations
which I did you know uh with with great satisfaction because it allowed more people to be able to come and I was in compliance. I also had a certified recovery center around the block and it was a nightmare because of the stuff they would you know they'd walk around. I had people urinating through my bars.
Miami, everybody has bars. I don't mean the bars you drink at. I mean the bars for security. And uh so I I dealt with that. My question is does this body, this commission body have any say in who gets approved or is that above your
jurisdiction >> for a CR CR? >> Oh, that that's a state that's a state license. >> It's a state license. Another thing, if the person has a disability, and we know that there are many types of disabilities. We're seeing people getting on planes with a therapy
raccoon. But anyway, what if that person has no onus upon them to to demonstrate and prove the existence of said disability? How is it that they're so easily approved for accommodations that maybe they have not proven that they are in
the status of receiving? >> Who determines that? Mr. >> Chair, if I could. So there perhaps there was miscommunication there. There is a requirement in section five of the proposed ordinance. The requesting party shall be required to establish protections under the FHAA which is the
Fair Housing Admin uh admin >> federal housing administration. >> No, no, no. Fair Housing Amendments Act um or andor the Americans with Disabilities Act by demonstrating a handicap or disability as defined by FHA and or ADAA. Um although the de a
definition of disability is subject to judicial interpretation for this purpose for the section the applicant must show a physical or mental impairment which substantially limits one or one or more major life activities a record of having such impairment and that they are
regarded as having such impairment. So they do have to establish um that they meet those requirements. >> Okay. Several of you have mentioned the fact that this is statewide and it's been months now about seven months from my count since this was signed by law by
the governor. Does that mean that this is here? Just because we're talking about it because this is our area. This is our community and that's why we're talking about it. But it's uh this conversation is going on in similar bodies across the state. Would that be correct? >> That is correct. It is happening. >> That is that is correct.
>> Every city and county throughout the state. >> All right. Well, and that that pretty much and and this has nothing to do as we already said, this has nothing to do with an epicenter. This is all lands in Indian River County, not specific to agricultural land. There's no reasoning. None of that applies tonight. >> Great.
>> Okay. Well, thank you for clarifying that. Um I I'm pretty much I've gotten the answers I want. I think all of you saw the turnout that was here tonight. And yes, perhaps a lot of people were misled by social media. I would track down that the individual or individuals
that put that out there today. >> My concern is that I hope all of you have appreciated firsthand how much people in this community are opposed to an epicenter and I leave you with that good night. We do appreciate [applause] [applause] how long here.
[applause] >> Oh yeah, five years. Hi, Tony Ferrara. I don't even live here. I drove a half hour because I heard about this epicenter and I said, "This is the hill I'm gonna die on because I don't want it. I don't want it [applause] here.
I've studied it all my life and they're not compatible with our western ideology and I worry about that." Um, we were founded on Judeo-Christian principles. >> We're not discussing that tonight. Okay.
But yes, I I I any support that please don't do that. I beg you. Thank you. [applause] [applause] >> Well, I I think that just about everybody here came to talk about
something else, and I really applaud those of you who were able to make the switch and talk about this LDR. That is uh that is amazing. You were going to say something tonight and that's amazing. So I think that um
there's no one else. We'll go ahead and close the public hearing. >> I make a motion to approve, Mr. Chairman. >> Second. >> All in favor? >> I >> oppose. >> Very good. The um real quick, guys, before you all leave, let's just run through the remainder of the agenda.
>> Y >> Yep. Um, so, uh, commissioner matters. Any commissioner matters? Thank you. Any planning matters? >> Um, just real quick, uh, I don't
anticipate having the first meeting in February. Um, more more likely than not, probably the second meeting in February. And I will say, I've never seen such a turnout for a project that >> didn't exist. So, >> tell we we meet almost once a month. >> I don't I don't know how it came to be. >> Ryan, I can tell you last time I saw
this crowd was in 2005. the sheriff's budget and it was full. >> Any attorney matters? >> And it was voted on. Yes. >> Thank you. >> No attorney matters. We are turned.