e e e in peace all right oh jeeez Louise all right we're going to go ahead and call the Tuesday March 19th Commission meeting to order we're going to start with a moment of Silent reflection for our First Responders and members of the Armed Forces followed by an invocation by Sheriff Eric flowers and the Pledge of Allegiance by our County attorney Mr William k debr dear heavenly father thank you for this beautiful day Lord thank you for bringing us together in our wonderful Community to do your business Lord thank you for all of the blessings that you've bestowed upon our community continue to protect us and guide us Lord in your way please place a hedge of protection around our law enforcement our First Responders and our military who are serving overseas Lord and help our our government here Lord do your business and and uh in your will and your way in Jesus name amen amen 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 all right commissioners happy Tuesday um are there any additions sorry I have too much stuff up here hold on are there any additions or deletions to the [Music] agenda Madam chair move second all right we have a motion in a second all in favor I opposed motion carries and with that we'll start with proclamations and presentations our first Proclamation today is recognizing National surveyor week which will be read by commissioner lore and I believe the surveyors are here thank you madam chair please stand it's an honor and privilege for me to declare this Proclamation today recognizing this week as National surveyor week whereas land surveyors are counted upon among the founding leaders of our country and were instrumental in the layout of our property boundaries in the United States providing our citizens the opportunity to enjoy the American dream of property home ownership whereas United States presidents Washington Jefferson Adams and Lincoln all served as surveyors contributing to the historical mapping of America in its early years whereas the surveying profession requires special education training knowledge and Ma of the mathematics and related physical and applied sciences as required for law by evidence whereas continual advance ments and instrumentation have required surveyors not only to understand implement the methods of the past but also to learn from the future wow just thinking about George Washington now therefore be it proclaimed by the board of County commissioners of Indian River County Florida that the week of March 17th through the 23rd recognized as National surveyor week whereby in Indian River County the board encourages all citizens to contribute adopt this 19th day of March 2024 thank you gentlemen morning Commissioners uh my name is Bob Johnson I'm the vice president of the Indian River chapter of Florida surveying and mapping society and U on behalf of surveyors Indian River County would' like to thank you for recognizing surveyors and mappers contributions to the community um for recognizing the week of March 17th through the 23rd is National surveyors week and March 21st AS Global surveyors day surveyors play a pivotal role in the development of our nation's infrastructure by determining construction location for roads and buildings in the in in the quiet enjoyment of private property and the orderly transfer of real property determining determining property boundaries surveyors are trained to use combination of math science law and Engineering in the course of our work right now there is a high demand for surveyors and I'd like to encourage anyone who is interested in learning more about our profession to visit our society website FS sms.org or our National Society website nsps us.com thanks so much thank you thank you um I'm sure you're into drones nowadays a little bit wow what how's it changed so any presidential candidates here no go ahead no well uh and thank you uh I just want to say that occasionally there are a few of you that are out there on the on the roadways byways and uh yeah you wear the orange vests or some sort of luminescent clothing but I ask the public to respect the surveys as when they're out there they're doing a job and sometimes they have to stand within hm's way to get accurate readings so that we can progress in a professional manner and in a productive manner so I just wanted the public to know that surveys are just doing their job and they're they're working for you not so let's not take Aim on them cuz they're orange yeah uh and I I not I I encourage somebody to stand up there did you bring some family members too so and we're all surveys well thank you we appreciate your service thank you for sure thank you we appreciate all of our um surveyors both public and private um you guys do the job of making sure we know where we are and where we need to be so that's a tough job um but we appreciate it very much we wouldn't know where to live or nowhere to go without you guys that's right so I appreciate all you do thank you very much you and thank you it's a difficult job and an important one thank [Applause] you be that's the difference right you have the skills to go right what smart man yeah but you still have a you have an orange vest though all right yeah some of you come down the other side there we go perfect you can't see me I can't see you thank you guys all right our next Proclamation is the presentation of proclamation achieving Excellence for the school district of Indian County attaining an a grade this will be presented by commissioner Moss um to the school district of Indi County which has a huge contingent here so whoever wants to come down all of you don't be shy come on down welcome commissioner Moss yes uh thank thank you madam chair it's an honor to read this Proclamation achieving Excellence Proclamation for the school district of V River County attaining an a grade whereas the school district of Indian River County exemplifies its commitment to achievement and EXC excellence in education by attaining a 2022 2023 District grade of an A and whereas the school district of in River County stands as the sole a school district on the Treasure Coast demonstrating its exceptional performance and leadership in the region and whereas the remarkable increase of 25 rankings from 2018 to 2019 to 2022-23 marks the highest rate of growth among all 67 Florida districts showcasing the district's continuous Improvement and dedication to progress and whereas the school district of V River County has consistently elevated its state rankings increasing by 25 positions since 2018 exemplifying its Relentless pursuit of excellence and education and whereas the school district of V River County has exhibited exceptional performance in Middle School acceleration ranking as the third highest in the state with an acceleration rate of 87% showcasing its commitment to providing Advanced educational opportunities to its students and whereas the school district in New County has surpassed the State of Florida in all tested subject areas in grades 3 through 12 reflecting its unwavering dedication to academic rigor and Student Success and whereas the graduation rate of the School District in River County stands at an impressive 96% ranking third in the State of Florida demonstrating its commitment to ensuring students graduate prepared for success in higher education and Beyond now therefore be it proclaimed by the board of County commissioners of V River County Florida that the board celebrates the success of our school district in achieving an a grade building a new Legacy of excellence and dedication to providing the highest quality education for all students adopted this 19th day of March 2024 Board of County Commissioners in River County Florida and signed by all five Commissioners wow thank you and [Applause] congratulations County Commissioners um thank you very very very much um we're used to giving proclamations not receiving them so this is kind of exciting to be on this side um so on behalf of our school board Doc Jones is is here uh I will accept this Proclamation but in accepting it need to honor those who have earned it and those who have earned it are our teachers are over thousand teachers who stand in our classrooms each and every single day when you drive home late tonight and you drive by one of our schools and that parking lot is filled those are teachers preparing their lessons making sure that they're going to be able to greet their kids with quality instruction as they arrive tomorrow I'll accept it on behalf of our district administrators and our principles and support staff who go above and beyond to ensure schools are attractive and clean and pretty the food tastes great and they're provided environments where they feel safe and comfortable the unwavering commitment of those individuals some of which who who stand uh right here pretty much all of them have already been in school at least one school this morning uh they support the work that they do at our schools each and every single day um our instructional I'm sorry our coaches our athletic coaches our student SP or teacher sponsors who are providing the drama club the band club uh the football uh coaches uh they will work basically a whole other job and they don't do it for the supplement that we provide uh when you count up the hours that they spend after school investing in our community's children uh They Do It For the Love of the children uh and the investment um in those children is is absolutely unwavering for all of our parents who are working uh to ensure they want the American dream for their children and it is our responsibility to fulfill that American Dream by providing quality instruction environments where kids can succeed uh and really connecting and working with parents to provide an environment where we are the county that sets ourselves aside there's so much divide specifically around public education but we continue to say Indian River County can be the example as to how you put children at the focus of your conversation our community's kids at the focus of our conversation and as a result engage in dialogue that improves our entire Community that's why we are the most improved School District in in the State of Florida and County Commissioners we're just getting warmed up so thank you for this recognition thank you thank you I just want I just want to thank you too for going everywhere in the community speaking of outside of school Dr Moore Dr Jones and Mr Hart I see you everywhere that's important thank you basically it's our very official CK like fantastic thank you [Applause] guys Dr Moore I just wanted to add you didn't mention yourself okay and and I want to say that it was very evident as you were speaking the eyes of all in attendance on your team were well focused on your presentation and that's the evidence of true leadership and you did not mention yourself but I will thank you for what you do thank you thank you so [Applause] much all right our next presentation is a presentation of proclamation recognizing IND County as a moonshot community for literacy which will be presented by myself to miss Maria O'Brien and as everybody's coming up I think this is a great proclamation to follow the school Proclamation because without the commitment of the community the schools um wouldn't be able to be as successful so with that being said this is a proclamation recognizing inder County as a moonshot community for literacy y whereas our most precious resources are our CH are are our children oh my goodness the first years of a child's life lay the foundation for a future learning where the most rapid brain development occurs and whereas early literacy is the gateway to all learning from birth to third grade we learn to read so that we can then read to learn statistics show children who are reading on level by the end of third grade have a greater chance of success and whereas literacy is the key to individual success and our community's economic Prosperity therefore we must build literate communities and support families as their children's first teacher and whereas indon county has become an a school district and increased the number of third grade students reading on grade level to 60% and continues its dedication to reaching our moonshot 90% literacy goal and whereas the State of Florida has also declared a moon shot 90% literacy goal recognizing kindergarten Readiness and third grade reading as critical milestones and becoming a top 10 economy by 2030 and whereas the campaign for grade level reading has declared our Indian River County moonshot Community Action Network as a national Pace Setter to honor us for the community inspired literacy movement and whereas it takes trusted relationships teamwork and Early Education policy to to create a moonshot community where 90% of our students are reading on grade level by the end of third grade now therefore be it proclaimed by the board of County commissioners of IND County Florida the indin County agrees to join the moonshop moment Journey team of teams and commit to work together as moonshot leaders in 2024 to make Indian over County a leading literacy capital of the nation adopted this 19th day of March 2024 and signed by all five County Commissioners uh hi I'm Barbara Hammond um co-founder and CEO of the Learning Alliance and a parent um of a child who was failing to read in kindergarten um in a private school so um this journey we're on affects not just Public Schools but private schools and home schools that we have not known how to teach children to read and the science has given us the breakthroughs to understand how the brain works and um when we hear science of reading it's about aligning what we know um from how the brain works with how we do um teaching practices in the classroom so I'm I'm so glad you all have been on the journey with us since our Inception in 2010 um the seesac has invested in our kids um Extended Learning times making sure that uh the kids who are struggling and behind have extra time after school and during the summer and I have to say that our first 10 years of the journey we didn't have a Dr Moore um we had people who were dedicated to third grade reading um but with Dr Moore um coming to join us as a community in 2019 he asked us to scale our programming um we asked you all to help you know do that and other philanthropists across the the community and the um most recent data is that we are now at 63% um reading by third grade and we are number five in the state um so that's uh relatively new information that came out in the last couple weeks um but anyway thank you all for being on this journey we know we have to change the practices in our home schools and Comm community that schools can't do it alone it takes all of us and thank you all for your leadership in this and I'd love Dr Moore to say a few words the group of individuals that I did not thank in the previous Proclamation um are organizations just like this who are committed to being in service not only to our community but our community's children um it's one of the reasons I was very attracted to Indian River County to see so many organiz organizations across our County really committed uh to being in service to our children this one's a little bit different this one is super motivated super excited to do this work uh really have become thought partners with us on how we problem solve really to hit that 90% so some of the Innovative things uh that we celebrate in this District uh come through Partnerships and this is one of the Partnerships that we all collectively uh need to support at the end of the day better schools are everybody's business uh and we all come together and put our our shoulder to the wheel uh we'll create world class opportunities for all of our kids in our community thank you thank you Marie do you want to say anything no just they said it all I they would say it better than I would but I'm R O'Brien I work for the learning lines coordinate the moonshot Community Action Network um I'm going to give each of you a moonshot leader award because the proclamation means so much to us you know having our County on board supporting our children supporting our Educators and our families means everything and that's what's really getting us to where we need to be so thank you so we we'll we'll happily accept the proclamation and we're going to give you an award too [Applause] fantastic awesome good to see you today what what Happ than oh oh nap time for the public thank you I know I like it okay you got to move back down theer got that from Johnny magic duct all right thank you guys oh I did get a little all right lots of good proclamations today um there's no minutes for approval so that will bring us I know you're sad um that will bring us to informational items commissioner lore I believe you wanted to discuss Madam chair I wanted to pull 7B okay go ahead this is with respect to uh code enforcement complaints where uh it has to be anonymous after 2021 uh my practice has been that I become the complainant when a constituent calls me and I just need clarification from Council if that's appropriate I do the same thing good morning Commissioners um I can tell you that yes that has been that has been a practice I've seen occurring um there hasn't been anything said about that yet as far as Casa or anything considering it's a new requirement um as long as the complainant leaves a name and an address that seems to be working just fine but I just wanted to bring this item just so the public is aware because I feel like there is a lot of just non-awareness when they realize and they call um and they just say hey as we as you all know I think we've gotten a a letter recently that was anonymous um with a code enforcement complaint and unfortunately staff just cannot enforce things that are given to us anonymously so we need to have a name and an address associated with the complaint under Florida statute 16212 so I just wanted to bring that just as far as an informational item so the public is aware um so if they do come to y'all with an issue and wanting to be anonymous um I mean if if that's something y'all are wanting to do there's no law or anything saying that you can't become the complainant at this point in time you can choose to come the complainant um but if they want to do it on their own they would have to give their name and their address so I'm just wanting to let everybody know that straight out the gate is there any questions concerns no we had a discussion at this with about this at one of our fact legislative um executive board meetings and a lot of County Commissioners and city council members are doing that um because people are not comfortable um giving their name so the elected official becomes the complaintant so it's not an uncommon practice I think it's up to each elected official if that's what they want to do um but for me and people that contact me I will take those forward under my name thank you thank you that's all thank you Commissioners thanks for being welcome all right let's see consent on to the consent agenda anybody wishing to pull anything from consent anybody from the public wishing to pull anything from the consent agenda Madam chair move approval all right I have a motion in a second all in favor oppose motion carries with that we will move on to public hearings and next item is public hearing 10 A1 miscellaneous budget amendment 03 sorry very good morning uh Madam chairman Bill de brw County attorney uh in accordance with Florida's statute 129.0 6 this public hearing will be ad has been advertised on March 15 2024 for the purpose of hearing comments from the public regarding the changes to the County's fiscal year 2023 24 budget to reflect actual cash balance dollars being allocated as follows and they list there I would ask the chair to go ahead and open the public hearing take any comment and uh recommend approval of the miscellaneous budget amendment number three all right at this time we will open the public hearing anybody from the public wishing to speak on this item please come to the podium and state your name and address for the record seeing none we'll close CL the public hearing Commissioners what is your pleasure questions comments or concerns M move approval I have a motion by commissioner fleser with a second by commissioner Ean all in favor opposed motion carries with that we'll move on to our second public hearing which is consideration of mod units LLC request for an economic development ad valorum tax exemption tax abatement welcome Mr Balter good morning good morning before you today we have a tax abay for mod units LLC so the Authority for the tax abatement on November 2nd 2010 Indian River County voters approved a tax abatement referendum and then tax abatement ordinance chapter 1,100 of Indian River count county code and then went to infect for a 10-year period on November 3rd 201 20 IND River County voters voted in favor to continue such Authority for another 10 years and that ordinance along with the state statutes establish tax abatement requirements sets tax abatement limitations and governs the County's tax abatement process little tax abatement review process the EDC reviewed the recommendation um on January 30th the Chamber of Commerce reviews with recommendations to the BCC that's been completed the property appr office reviews with a report which is included in the attachments to BCC and the bcc's public hearing is to consider the ordinance for the tax abatement and an agreement with the company mod units LLC is a new manufacturer to the county that will manufacturers steel reinforce ready-made modular units to be used as components in the construction of affordable multif family housing complexes the company proposes to employ 24 people the proposed they propose to locate at 7756 130th Street Sebastian Florida the for the former Ford wire and cable company uh they've already purchased the building and are going to be doing renovations at an expansion they are planning on doing a 40,000 foot planned expansion on the building eligible for an abatement of taxes on rail property the new tangible personal property that is purchased uh will be eligible for a tax abatement on the on the uh new tangible personal property that they have done for their business the applicant plans to begin operations soon and hiring is going to be starting any approved tax abatements could start with the calendar year 2024 um it's actually going to be 2025 with their hiring process and then staff does have uh can administratively extend that just in case they don't hire all of their uh workers in that process we have the ability to extend that by a year so the the BCC May Grant qualifying businesses an exemption from certain adorm taxes property taxes for a period of up to 10 years for certain business types manufacturing Corporate Offices uh the manufacturing the minimum of that is 10 new jobs the BCC May exempt or Abate up to 100% of the assessed value of the new real property improvements and newly installed tangible property for the purp purposes of assessing County taxes County tax is possible for abatement because this property is in the city of Sebastian is the general fund and the Emergency Services District fund no other taxes such as the school district taxes or taxes leverag for payments or bonds or any taxes collected in the city Sebastian are affected by the tax de batment and we do have a scoring guideline that's built into our actual uh code of ordinances so for this it scores out to 18 points because they are uh providing manufacturing between 20 and 29 jobs for their level of wages they're over the 100% but less than 115% of the county wages so they score 18 points for that as well for their actual capital investment they're at 4.5 million so they are in the third bracket which gets them 20 points and then project Excellence um they receive 20 points for this as well because they meet all the goals and policies and objectives of the County's Economic Development and here is the scoring sheet that breaks it down they received a total of 76 points and here is the actual abatement percentage because they score in the uh second percentile they get 100 for the first two years 90 80 60 40 20 and 10 or eight years for this their actual abatement would be $119,450 18,27 and for the schools they be and other bonds would be 218 563 so everything in green is what they'd be paying everything in red is what the actual amount the estimated amount that we'd be abating overall impact so it's uh 2,175 th000 increases in annual earnings based on the 1.5 1 Point Excuse Me 1.45 multiplier for the manufacturing industry the initial impact is 1.5 million of estimated average annual wage multiplied by the number of anticipated jobs the direct impact is $225,000 indirect is $60,000 and then the induced is $390,000 the tax abatement ordinance requires tax abatement grantees to enter into an tax exemption abatement agreement with the county meet all the EX exemption requirements on a continuing basis file an annual compliance Report with the county and immediately advise the county of any failure of the business to meet the exemption requirements the BCC also is authorized to revoke or revise the exemption if they determine that the business no longer meets the exemption requirements or that the application or annual report reporting contains a material of false statement that would affect granting or continuing exemption in conclusion mod units LLC tangible tangible personal property and building expansion qualifies for the tax abatement staff analysis indicates that mod units LLC tax abatement application scores in the second middle award category the proposed mod units LLC facility qualifies for an 8-year tax abatement beginning in 2025 but can be extend Ed at staff level the maximum potential total personal property tax abatement over the 8year period is roughly estimated to be 9,14 and maximum potential total personal property taxes paid in current dollars is roughly estimated to be $ 28,5 63 for schools bonds and other districts and $ 58,221 one find that M units LLC facility qualifies as a new business under tax evate ordinance and two find that the application scores in the second middle tax abatement award category three Grant a tax abatement using the schedule and the 8-year period beginning in 2025 approve the attached ordinance granting Economic Development ad vorum tax exemption for mod units LLC and authorize the chairman to execute the economic development tax agreement for mod units LLC that being said I'd be happy to answer any questions the applicant is in attendance and Helen is here from the chamber as well fantastic are there any questions of staff on the abatement application it was um favorably passed at EDC to recommend to the board for approval so I know there was a good conversation there um Commissioners if there is no questions comments or concerns what is your pleasure oh we have to open the public hearing sorry I forgot this was that at this time we'll open the public hearing anybody from the public wishing to speak on this item please come to the podium and state your name and address for the record all right seeing none we'll close the public hearing now Commissioners what is your pleasure U move to approve all right I have a motion by commissioner Moss with a second by commissioner flesher all in favor opposed motion carries thank you all right then we will move on to public discussion items we have a request to speak um regarding Sexual Assault Awareness Month okay we'll be happy to do that John are you handling yes yes ma'am yes ma'am uh the the requestor Shaban mordi with the state attorney's office was unable to be here today uh she has um she lost her voice and um so I'm going to pinch it for her uh because this is April of 2024 Sexual Assault Awareness Month calls attention to the fact that sexual violence is widely spread and impacts every person in every Community sexual awareness assault Awareness Month aims to raise public awareness about sexual abuse harassment and assault and educate communities about how to be involved in prevention this year's campaign building them building connected communities called on each of us to work together to prevent sexual abuse harassment and assault just really quick over 53% of women and over 29% of men report experienc contact sexual violence in their lifetime and most women men who experience contact sexual violence report that the person who harmed them was someone they knew April is Sexual Assault Awareness Month uh and there are two events that you can demonstrate your support for survivors on Tuesday April 2nd it's a day of action and you're encouraged to wear teal that day uh if you want to know what teal is I happen to have a teal bow tie on today uh so by wearing teal you're signaling your support U that you support survivors and and are a safe place to turn show your support for survivors of sexual by wearing teal then on Wednesday April 24th is denim day wearing denim we denim that day by wearing denim you were taking action against taking a stand against sexual violence and what they what they were wearing doesn't matter join us in wearing your denim with a purpose if you need more information you can contact sabon with the state attorney's office at 77220 8832 lastly uh the 19 judicial circuit sexual assault response team is presenting a Survivor empowerment walk for the SE Sexual Assault Awareness starts in the community uh you can join and show your support for survivors of sexual assault in Indian River County uh it's April 12th 2024 6:00 to 8:00 at the Indian River courthouse located at 2016th Avenue Vero Beach and with that again if you have any questions regarding this event or Sexual Assault Awareness please contact sioban at 77220 8832 thank you madam chair members board thank you thank you for that information all right we will move on to County administrators matters first up is the IND County strategic plan formulation yes uh mam chair members of the board uh as the board will recall two meetings ago we presented the final report from our uh Consultants Dr Joe savak and Dr Richard Levy that where we came together you know through a process and we identified what the the top goals were identified by the board working with staff and and uh so we now want to take that to the next level and fully develop our strategic plan where by which we would develop we would operationalize our goals and develop the specific objectives and strategies and activities for each goal along with timelines and measurements you know for each for each of those specific ones under the the various goals so with that we did a solicit or asked a proposal from Dr savak and Dr Levy because they guided us through the first process and everybody felt comfortable with their with the way the manner in which they did that so uh they did provide us a proposal at $45,000 that is within the budgeted amount that we contemplated at the beginning of the year the funding for the expender is available in the general fund County Administrative Office other Professional Services account number 001 120112 d331 90 and the The Proposal is attached uh just in terms of uh process there would be a strategic orientation planning orientation to get people's minds and the the the mindset of strategic planning for those that are in the key participants there'll be a workshop before the board once we have a draft strategic uh plan and then after that we've requested again in our F in our desire to be transparent and go out to the public is we would have a community strategic plan presentation that would be both in person and be held virtually so we can receive comments back from the public and then we would receive the draft strategic plan or the the the the the the the draft strategic plan based on the research and everything that came back from the public comment and we would be looking you know that would probably happen somewhere between the August September time frame with the final strategic plan being adopted November 20 2024 but please keep in mind the priorities and the goals that you object adopted or accept at the meeting two meetings ago will be used to you know kind of guide our budget process this year this will really get more granular down into the into the specifics of where we should be going over the next three to five years so with that staff would recommend that you approve the uh proposal from Dr Joe savak and Richard Levy delineating tasks and associating cost for development of Indian River County excuse me uh government strategic plan I'd make one more note is we are uh as part of this agenda item uh foregoing the uh the the the bid process because we've used them before okay Commissioners Madam chair I'll I'll bring up that we have not had a strategic plan in over 20 years uh and this is logical sense to move forward with the second phase of this program that I move approval right I'll be happy to second that any other discussion yes commissioner um just had one question on the uh Community strategic plan presentation the virtual aspect of it will there be a period of time where the community can comment I mean can it be on the website uh we will endeavor to create a website page for the Strategic plan we're already kind of we've been talking about that and we'll make we can probably open up a comment card section like similar to the website contact form so yes I will make sure that that that is part of the process okay thank you all right any other comments seeing none all in favor I opposed motion carries thank you members of the board thank you uh with that we'll move on to departmental matters planning and development services update on Liberty Park conceptual plan development plan welcome gentlemen Madam chair for the record Ryan Sweeny assistant Planning Development Services director I did email you all we did not include the itemized uh CDD approval guidelines in the staff report but I did email them all to you and I do have hard copies so I'm going to go ahead and just disperse them ask and if the applicant wants it's just literally just a copy of the same guidelines that have already been approved but just as a refresher I do have it in the PowerPoint as well I've got one thank you all right again thank you madam chair members of the board this is the updated Liberty Park conceptual PD plan development I'll run through a a background of the project originally back in October 2008 the original PDT andd rezoning and conceptual PD plan was approved um early on there were several minor modifications that were approved at the staff level via the AA process but they were pretty minor in nature um in April of 2021 the developers the first developers agreement was approved by the board um December of 2021 a petition for the for a different Community Development district for a project known as Lakeside uh got some momentum but was ultimately withdrawn uh by the applicant during a public hearing by the board June of 2022 the board adopted the CDD approval guidelines which you have in front of you um October of 22 the board did approve the Liberty Park CDD and March of 2023 Liberty Park uh applicant files an AA to update the conceptual plan which is uh part of this presentation so an analysis of the currently proposed updated PD plan um still meets the PDD PD T andd criteria outlined in section 91521 of the county ldrs the updated plan meets those criteria as well but there are some changes that were different than the plan that was approved that the CDD was approved based upon uh including a reduction in a a variety of housing types there is still there is still a variety of housing types but there there are fewer housing types a reduction in lot Dimensions mostly the larger lots have been removed But there again there's still variation in the lot dimensions a reduction in interconnectivity primarily uh um west of 70th Avenue conversion of most of the vehicular alleys to pedestrian alley so they do still have prominent brakes uh amongst the blocks um but they are by and large pedestrian paths as opposed to vehicular alleys a relocation and a reassortment of some of the pocket Parks um and a new extension of 64th Avenue on the east side of the project east of 66 have down to 81st Street that was a recent uh sort of swap so to speak speak and all of these items are consistent with an amended developers agreement that was uh just recently approved so this plan implements those changes on the amended developers agreement I will run through the CD gu CDD guidelines real quick again these were not in the staff report but just sort of a refresher uh item number one the real estate project must meet uh must be 500 Acres or more in size and this project is exceeds 500 acres in total uh item two and it's ABC and D so I'll run through them quickly uh real estate project must provide a street Network which meets one of the following and and for this project it meets a it still meets the T andd criteria which is the grid as well as the block lengths and things of that nature b c and d are other sort of modified types of grid so to speak uh item three open space within the real estate project must be at least 10% greater than what is the minimum required for the county ldrs and this project does still exceed that requirement four provision of significant public benefit enjoyed Beyond by the general public Beyond enhanced amenities and Landscaping that will be enjoyed by the Future Property Owners within the real estate project this project has a Litany of of public benefit from when the PD was originally approved uh sort of an on-site County Park um east of 66th Avenue an off-site county park at 12th Street 58th two off-site conservation areas and probably the most significant was the Liberty Magnet School site and in item five the real estate project must also contain at least one of the following attributes and again item 5 C is traditional neighborhood development so it still meets those criteria but the plan is different than what was approved or what the CDD was presented upon this is the previously approved conceptual PD plan this was what was presented during the CDD consideration this is the current plan generally still uh follows the same Form and Function but again primarily the residential portion uh west of 70th Avenue is is is different and and some of the again primarily some of the design changes have have changed but um still generally meets all the same criteria uh again I want to reiterate that we are not revisiting or renegotiating the PD items the the public benefits the waivers those items all of the lot widths and setbacks and all of those things are still baked into what's being presented staff just wanted to be extra cautious given that this is our first and only CDD that you know we didn't do a bait and switch so to speak and approve something that you guys maybe weren't aware of so uh with that status recommendation is that the BCC review the updated Liberty Park conceptual PD plan it determines consistent with the bcc's adopted CDD guidelines thank you all right thank you gentlemen um commissioners before we get into questions I want to kind of reiterate that we are being asked today to review whether this is still consistent with the c D guidelines so I think kudos to staff for bringing this to us if there was a question since this is a New Concept for us just to kind of make sure we're all still on the same page um but a lot of the development agreement the plans those things have already been approved so just to be clear we're not rehashing the pros or cons of this development in general we are reviewing whether it still is consistent with the CDD guidelines that's kind of it um I will point out that the new access road or connectivity on the east side at 64th that's punched through to 81st is something that we've discussed multiple times at the no um with the wabaso community that has always been a concern for them that there really is no way kind of in or out except for 510 so um I do appreciate that being in there I think that's responsive to what we've heard from some of the neighboring communities that'll be impacted by this development so those are my comments for now questions comments concerns from the commission or input or feedback for staff yes commissioner Moss um what are the what were the total number of units and what are they in the proposed change course um thank you madam chair commissioner Moss the original approval was for 913 units and now it is 886 so there's a slight reduction 86 and what is the uh open space now and what was it previous it it's so it's kind of confusing because it's 10% more than what's required so the previously required open space if I luckily have the old staff report and that that's an item that was actually one of those staff level changes where they did and you can always go to the good so we were we allowed them to increase the open space at the staff level that was done right before the CDD approval the previous uh required open space sorry I should have had this number more readily available um previously required was 31849 acres and then 10% in addition to that so 350 and uh this plan is right on that 10% number is is it at 350 then correct okay so it is at 350 um because I don't know if it changed but I was looking at a letter uh from you to uh Steven Mohler and was just one sentence so I'll read it it states um if the Liberty Park Community Development district is approved by the board of County Commissioners then the project must maintain the new minimum overall open space requirement of 350 34 acres in all future development phases that's stated September 30th 2022 want you can you comment on that sure yes again that was the a that was the previous AA so what happened when when the CD started to gain momentum and one of the Criterion was going to be 10% more than the required we realized they were just short so we um made it a point to before it came to the board to get the CDD approval they they they rolled up the open space just to meet that 10% and now all iterations including this one must meet that minimum requirement thank you any that's it okay commissioner Ean any comments questions or concerns okay commissioner fleser I have to say Madam chair thank you um you know the real question today is does it does it fit all five of these criteria U and that's something that staff needs to answer and if they have I mean I I understand the changes uh I understand the uh you know the economy has changed salability has changed availability has changed and this project started I believe uh 2007 if I'm not mistaken I don't know if anybody was watch watching it but it is making many different turns it was stopped it was adjusted then we went to this New Concept now the project is moving and in moving some changes were made responsive to community concern development concern and uh the likelihood of other aspects as we expand and grow um it may not be the grand uh grandiose plan that was conceptualized back in 2007 I I believe the artwork was about this thick it was a leatherbound book and it was moving and it was mirrored after a very nice uh place in Orlando that uh I thought that wow we're we're really up on the plateau now this this this product had everything was well discussed here now looking at where we are today is does it fit the approval that we made last year does it fit and what I my thought is you know there may be someone who says well you know we really should have a few more of these houses or that type houses this the original plan did have some uh 10 10 or 11 different models uh now we're reduced down to four models uh it it did have uh a uh a different approach as far as the uh public space that's been re-engineered access a little different there's a lot more water area uh so in the end does it fit if it fits why are we here thank you madam chair commissioner flesher I yes it still meets the five criteria it's just it's different than what was approved I think this is Staff being maybe even overly cautious but we just you know we don't like I said I don't want to be accused of approving something that was not above board I'm good I had like the new road uh with shrinking the lot sizes you have more green space I think it meets the four corners of the page and with that I move to approve all right I have a motion by commissioner lore with a second by commissioner fleser commissioner irman did you have any does it it it meets all the criteria of the CDD meets yes we yes it meets all the criteria um the portion west of 7 70th Avenue you stated you know is is is different but it's still consistent yes yeah a lot of times you know with a project of this complexity we see multiple iterations um but because of the CDD that's why we're bringing it back before you typically we would approve those uh changes at the staff level but again being overly cautious we wanted this to be out uh for everybody to see yeah no I me think it meets all the thing I mean you know there's there's change there's there's things I liked in the first one and there's things I like in the second one when I look at it too um it looks like there's more water in the second one but but they both they both look good if if it meets the criteria and I know we worked really hard to to set establish this and and they were you know they were very good about being a part of the process uh in order to do this so as long as it's consistent I mean I'm not the Builder I'm not the architect they we all have different taste and different things but I think it's a great project and I I look forward to seeing it move forward all right um any yes commissioner Moss um on the park space what was it originally and what is it now so the the tract itself doesn't really change it's just the pond is bigger and sorry the what the tract itself doesn't change so that it's a little bit more water and a little bit less land area but the tract itself is is still the same yeah you're referring to Riel the county park uh east of 66 correct yeah I well no I'm talking about park space in total for the site I mean again those those numbers don't really change the acreage is still the acreage what if you have a slightly larger pond on a 40 acre tract it's still a 40 acre tract I don't know it appears to be less park space looking at it again did did theual that that's why I was hoping that there were numbers so appearance it gives the appearance of l park space is there still a Greenways connection that was mentioned uh originally looking at the minutes from October 18th 2022 isn't yeah so part of the rebuild of 510 has um changed that for the moment um but so there's not a uh ringways connection U let's clarify that the current and again subject to change but the current 510 plan includes a 12T wide multi-use path so as opposed to being a green waist connection through the project uh it's provided in 510 right away and that's biking Cy uh walking perhaps even golf carts but that's in the 510 right away on the south side of 510 so immediately north of this project and that spans all the way to uh the bent thank you all right yes is the fire station property yes and as also as part of the revised developers or the amended developers agreement that was approved recently that that tra comes to us effectively upon approval of this plan awesome there you go all right um anybody from the public seeing none we do have a motion by commissioner lure with a second by commissioner flesher all in favor opposed nay opposed motion carried 4 to one with commissioner Moss assenting all right thank you um we will move on to how's everybody everybody good pushing through than um let's go ahead and do the one water pilot project application for funding Sean welcome good morning commissioner Sean leisi director of utilities and with me is Howard Richards our capital projects manager just wanted to take a minute this morning to kind of go through a a pilot project that we are looking to um Supply a couple of applications um for possible funding one through St John's Water Management District and another through the water Research Foundation and their collaborative um collaboration tailored collaboration program um just to kind of give you an idea of what one water means I mean there's a lot of differences or different kind of opinions and different ideals of what one water means one water kind of is like thinking of all water resources are available to us whether it's storm water surface water ground water reclaimed water all water is is usable um to some degree as a water resource and in this case um in Florida's situation when you're looking at considering perhaps what we call Direct polar reuse or indirect po reuse you have to um participate in a pilot project to demonstrate um that you are able to to to treat that water and to manage that water and so what this application is and what these Grant proposals would be would be to look at starting a pilot program for the utility to look at the feasibility um and the possibility of of direct poal or indirect FAL for the for the utility as a potential resource Water Resource in the future um it doesn't necessarily mean we're going to move in that direction but this is just an opportunity for us to look at and consider that as an option available to us at some point in the future and I don't know if if Howard you have anything you want to add but the entally what we will be doing and asking is for your approval to to submit applications for those Grant programs now just wanted to say that um the two the Count's two water treatment plants produce 4 million gallons of drinking water per year while the its three regional wastewater treatment plants reclaim 2 million gallons per year so as the county grows we will need additional uh Source water to produce drinking water and additional options for disposing of reclaimed water so it seems to make sense uh for to embark on P reuse as an option as as Sean mentioned that that's not necessarily what we're going to do in the future but we want to evaluate the feasibility of doing that uh there's about 50 projects Nationwide that is doing this right now 50 utilities rather that are doing um that are either in a pilot stage or the demonstration stage include in five in Florida and so this is something we we believe is a good strategic move for the utility to look at thank you all right are there any questions comments or concerns from the commission mam chair we simply approving for Sean's team to go forward with the Grant application process so with that move approval secondly all right wonderful we have a motion by commissioner lure the second by commissioner fleser there's no further discussion all in favor opposed motion carries thank you commissioner thank you with that we will move on to the demolition lean reduction for 43 Highlands Drive Southwest ver Beach Florida 32962 that seems like a long address good morning commissioner Susan PR Deputy County attorney um so I had a constituent come forward um they have purchased the property at 43 Highlands Drive Southwest um it's come to their attention that there is a demolition lean on it and they requested if they could have a demolition lean reduction um I did make them aware of the hearing this morning but I do not see them present um so I'm bringing this forward to you all as you are the board that has the authority to reduce these lean should you so choose um I have on here the recommendation um for consistency with the other lanes that you have reduced in the past to reduce or wave about 90% of the accured interest and leave 10% of the outstanding interest for a total of $ 6,966 13 so long as that amount is paid within the 60 days um the original lean for the demolition cost itself um it looks like with lean in interest is $1,814 45 cents I'm here for any further questions all right Commissioners we have done this in the past for other people that have requested lean reductions in this instance um we have a new property owner so we would probably like to encourage them to do something with the property um but that being said do you guys have any questions comments or concerns if not what is your pleasure council is recommending the 6,000 yes sir the $6 6,966 13 that represents excuse me the demolition cost and 10% yes sir and I will tell you um the gentleman who did call did say that they are planning to build their home there so it would put that back on being a functional piece of property in the market still move all right I have a motion by commissioner fleser with a second by commissioner Erman any further discussion seeing none all in favor opposed motion carried thank you thank you and with that we're going to take a two-minute break e e e e e e e call the meeting back to order and we will move on to Solid Waste Disposal District item 15 B1 renewal with tiger Inc for sale and purchase of natural gas welcome good morning Commissioners for the record hon schuma managing director for the solid waste disposal District um as the commission knows we we have the leech a evaporator project uh that's been going on uh coming up uh next month will be about a year uh since the the ribbon cutting where all of you were there and uh so with the evaporator we've been using uh natural gas to to power it and um and we've come to the board previously to uh approve the the use of a basically a third party ventor vendor to purchase uh natural gas from it's cheaper than going directly through Florida City gas so this is just a renewal of a 3-month extension to continue to purchase uh natural gas it this allows us to have a fixed base price uh for for that which is which is again a lower cost to to swi so I'll be happy to answer any questions all right so we're saving some money by doing this yes fantastic questions comments concerns Commissioners if none what is your pleasure all right I have a motion by commissioner lure with a second by commissioner fleser all in favor opposed motion carries and that brings us to 15 B2 consent and Loan agreement with path pathw na for no Petro landfill gas construction loans bill is take thank you madam chairman um back in July of 2019 the solid waste disposal District uh entered into an agreement with River Indian River Eco District uh for land Fill gas uh that has gone through uh a number of different amendments most recently on January 23rd as far as an extension was granted at that time um now no petro and their lending institution pathw bank and has come to the county it's come to the solid waste disposal district and ask them to enter into an agreement which would be a consent and agreement um for the county to sign uh while a consent and agreement is not uncommon in the real estate world and the development world this one is a little bit different because the county does not own any property uh usually it is the land owner that enters into this agreement with a bank who is lending to construct a house or or or any other type of structure here the county does not have that uh privity of contract with the bank and that's what the bank is asking us to do is going to enter into that there were a couple of concerns that County Attorney's Office had most notably that uh we were asked to encumber our lean or I'm sorry encumber our easement that we extended to no petro and also that we wanted to avoid the possibility of having the consent act as a pledge of solid waste disposal districts uh credit both of those things have been added into the consent and agreement um and so those two concerns have been addressed uh it's the recommendation of county attorney's office to go ahead and discuss the risks versus the benefits and ultimately approve the consent and authorize the chair to to execute the consent and agreement on behalf of the solid waste disposal District if there are any questions I'd be happy to try and answer them all right thank you Mr deal um just for clarification the two issues that the attorney's office um had have been resolved with a language change which has been accepted by the bank that is correct okay and basically the bank is kind of act asking for this document for Express consent versus kind of the implied consent that was there before um so because they're a bank and they want all their te's crossed and eyes dotted that that is correct the the risk that the county would uh be exposed to entering into this is now that we are contractually obligated with the bank if something goes wrong between no petro and the bank we will be named as a party to the suit whether it's a foreclosure suit a breach of contract suit what have you that is our exposure by entering into this document the other Ben the benefit arguably to entering into this agreement would be that uh the bank would then be responsible to bring someone else in without our permission uh and we would be forced to work with that other entity in case no petol fails um but you know whether that's a a blessing or not is is to be determined down the road if something something goes wrong okay um and as I recall with the amendment the final last Amendment we did get um like a letter of credit for $100,000 so if we were to be sued we could use that towards those costs and we have indemnification we have indemnification from no Pedro the letter of credit covers costs that no Petro Can or if no Petro does not pay uh a bill the letter of credit comes into play there that letter of credit is for construction it is not for attorney's fees um so we would not be able to draw on it for that purpose okay um those were kind of my questions and concerns I mean I don't really have a problem with the consent I think we we always always have a risk of being sued no matter what we do um and we're you know have a groundbreaking scheduled so I would prefer to move forward um obviously understanding our risk but really being supportive of this project and and that it's going to be successful and move forward so yours are my two cents anybody else questions comments or concerns Madam chair I do want to address one issue I think that um in the last couple weeks there's been a lot of discussions about uh this hasn't been done anywhere in the state but I'd like the administrator to name a few cities or counties that have in fact done this sir it's my understanding that uh St John's County uh Central FL Transit Authority city of Orlando uh West Palm Beach County I think there's another one I just can't come doesn't come to mind but they have similar agreements where it's it's a typically generally for a commercial lending it's it's a requirement our existing agreement going back to 19 consented to the fact that we would do this with for in in connection with financing or refinancing the facility it did say without obtaining District's PRI approval but the bank is asking for the approval the consent so we can we we I think back in 19 the county acknowledged with the risk that it was assuming by being a partner that it was going to have to they would they would have to assign this for the purposes of pledging you know because they're lending $20 million the bank wants every assurance that the county consents and agrees there's stuff in here about default there's notices the things that bill touched upon and I think you I want to thank bill for you know the language they provided and the bank accepted that kind of clarifies that we're not pledging the County's Credit you know and and things of that nature so but yes there are other entities that have local local government entities that have done this right and also Mr administrator I think most recently you had a uh a large meeting with all the players to include the bank on a zoom call or what have you the county attorney's office and the County Administration did have a meeting with with the attorney's office we had the the banks Council legal council we had no Petro's legal counil uh both locally as well as their I think their more specialist legal counsil as it comes to financing uh the CFO from uh from from uh from netro was at at our office along with the local Council for netro and then uh Mr Herrera was also on Via teams meeting and Mike Z was there Keith Jackman and and Bill obviously and then we sat there I think for like 4 hours working on agreements and kind of going through each of the phrases and the other provisions and I appreciate that and I appreciate clear clearing up some of the uh some of the comments that were made in the past about exposure to the county damaging our credit and Etc but I feel confident in our staff uh all the Commissioners that they've hashed this out I I truly feel comfortable with this now I wasn't earlier uh and with that I move approval it's not an amendment by the way it's an extension I'll second that all right any other comments questions or concerns M chairman I would add that that that I I I think I've done my homework on this pretty extensively I did a lot of yellow marks but I've researched it over the last few days when I when I had a moment especially on my phone being where I was at but I I think it I do I mean I know I don't look at this as an as an amendment because I said even the last meeting that you know we didn't want any more changes but this to me is a reasonable it's a reasonable change when you're lending somebody that kind of money I think you want to make sure your interests are protected and I would if I was the bank I would think I would want the same thing but it says right here that we're not pledging credit under the assigned agreement nothing containing this agreement shall be deemed a grant by by the county of a security interest of any properties I agree with everything commissioner L said I think this is uh I think this is good I can't wait to see this project move on and be successful so all right thank you so much anybody from the public seeing none we have a motion by commissioner lore with a second by myself all in favor I opposed motion carries thank you and if there is nothing else for the good of the order we stand adjourned