##VIDEO ID:Ti5iIlGTgME## e e e e e e e all right think I think we're ready to go is everybody good all right we are going to call the Tuesday August 20th meeting to order we're going to start with a moment of Silent reflection for our First Responders and members of the Armed Forces that'll be followed by an invocation by the Reverend Dr Joseph LaGuardia from the First Baptist Church of Vera Beach followed by the Pledge of Allegiance by commissioner Ean if everybody will please rise let us pray Lord we thank you for this time and the humble privilege of being able to Steward and to be Servants of our County and Community we are mindful that it is a great task but a collaborative one a mighty task but one that requires discernment today especially Lord we are mindful that it is election day in our County we pray for safety we pray for a good robust election season we're reminded Lord that students are in school for their second full week and so we ask protection on all of our schools our teachers and students our administrators and our support staff we're reminded lord of the excitement that comes with the season we're grateful Lord for the fighting Indian who won last Friday and we're also grateful for the many ways Lord that uh that you've shown up in in places where we least expect it Lord as right now teachers and students are going through their school day Lord be present protect them protect our First Responders and all who work so uh passionately to keep us safe with gratitude and humility we simply thank you amen amen please join me in honoring the greatest nation in the world the United States of America with the pledge of Al pledge of alance 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 excuse me all right Commissioners are there any additions or deletions to the agenda Madam chair yes sir I'd like to delete item 13d and 13e and revisit that in um the latter part of October okay any other additions or deletions mam chairman the only caveat that I would have as far as 13 uh D would be that uh the item was not drafted by my office and it was not uh the first time in 21 years it was a agenda item that was drafted by another department and put under the county attorney's matters that's all that I have to say thank you I'll I'll second that motion okay counselor that that was underneath your matters that's correct it was not placed there by my office and you didn't didn't author it no sir that's the first time I I I've heard that in 18 years myself and I'm quite surprised did you try to take it off the agenda before it got to print I I I never saw it all right well it is being removed and we will revisit it at another time there's a motion um by that in a second are there any other additions or deletions all right seeing none there I guess there is a motion so we'll go ahead all all in favor opposed motion carries all right with that we will move on to proclamations and presentations the first Proclamation is a presentation of proclamation honoring William K deal for 21 years of distinguished service to the inden over County Board of County Commissioners I see Bill making his way down and all the family is here come on up you know I just have to say for those of you that might not know it is a special privilege for me to read this Proclamation because when I was at Florida State um in law school Mr de braw was actually um my boss uh I got to work for him at the Department of Agriculture and um um babysat his kids while I was in college I won't tell any stories they were very good and had the pleasure of working um with his wife um in the F sority so it is really really a a pleasure to to read this and I'm not gonna please don't tell any stories about you know when you were supervising my exceptional work we'll say that it it absolutely was it absolutely was all right we have a proclamation honoring William K de braw for 21 years of disting service to the indu County Board of County Commissioners whereas William K de bral is retiring from the indu county attorney's office effective August 30th 2024 and whereas William K Deal started his career with the Indian River County Attorney's Office on July 7th 2003 as assistant County attorney he worked diligently and was promoted to Deputy County attorney then County attorney providing exceptional service to the citizens of Indi rer County for more than 21 years and whereas Mr Deal's career is defined by his honesty integrity mentorship and record of advocacy that will be felt for long after he retires from Indian River County and whereas as County attorney Mr de braw worked on high impact long- lasting projects which have benefited the citizens of Indian over County such as the widening and development of the 66th Avenue Hurrican hurricane evacuation Corridor the overseeing of local legal legal Land Development issues including residential subdivisions work on spoon Bill Marsh as well as serving as a fair housing administrator to those in need of assistance and defense from unfair treatment whereas Mr de BR worked diligently on County Commission while going above and beyond and providing customer service and compassion to citizens in need and whereas as County attorney Mr deal elevated the or organization by building a strong positive workplace culture of camaraderie and kindness through his leadership and mentorship to the County Attorney Office Team and interns over the year years and whereas Mr de braw has served guided and seamlessly led the county through some of its most trying challenges but has meted and vested those challenges by remaining true to his faith ethics and interm moral compass and whereas Mr de's Complete commitment to his duties as County attorney have brought great credit upon himself and staff and contributed greatly to the continued positive image of Indian River County now therefore be it proclaimed by the board of County commissioners of Indian River County Florida that the board LS the many contributions William K deal has made to IND County during his lengthy tenure and wishes him the greatest success in all of his future endeavors adopted this 20th day of August 2024 and and signed by all five County Commissioners Bill congratulations thank you for everything that you've done for Indian River County thank you for just being a wonderful friend a wonderful supervisor and a wonderful part of the fabric that is in Dean River County I certainly hope that you have fabulous plans uh somewhere fun and cool for your future absolutely absolutely thank you madam chairman uh a few people that I want to thank um first of all will Collins who gave me a chance 21 years ago as far as giving me a a job here um some of the other people that I've I've worked with um and have mentored me and been a confidant to me is Bill Caldwell and Shelley and his daughter are here I'd be remiss if I didn't say anything about staff that that are here and supporting me and appreciating me Bruce truly appreciate working with you some of the other folks that I've worked with as far as like Jill Williams who is worth her weight in gold as far as anything K kundu has made a career out of this um my family support um but the biggest thank you that I must extend to is my wife Chris she has been my rock through the last 30s something years where we came up with this crazy idea of me going to law school after being a a county Forester I think it's kind of interesting that I worn the title of County Forester County attorney I don't know if that would be duplicated throughout the state but I give her the most credit for supporting me throughout all these years and yes we do have a plan we have a plan that we are going to implement and we are going to enjoy it my many thanks to the board for supporting me for all these years and having confidence in me um I just can't thank you enough it's a great honor a great privilege to represent the county and again many things thank you Commissioners thank you madam chair will I wish you wish you well through all of the uh things that you've been through dealing with five different politicians a bunch of different times and having to having to cater with them but I do know that I met Bill years ago in the church and a man of faith is is an understatement and Bill's faith and his family's faith will carry him well into retirement good luck to you thank you sir thank you madam chair U Council William de BR I miss you um it's been a long journey um I'm going to miss the the times that we are able to just sit down and speak share you guided you gave the technical knowledge and then the personal knowledge in order to make us better at what we do you gave us the facts and the best part was that Council came without B billable hours and it who gets a chance to talk with an attorney you identified Bruce it could be costly but I want to say thank you for what a journey that is getting closer towards the end not your career uh 66th Avenue you were so involved from I think we started that in 2007 about looking at the property values the RightWay issues you rode 66 Avenue more times than any other vehicle you you you chatted you handled and I think that your background with forestry came into play far more deeper than you you would care to admit uh because you were out there uh counselor thank you for your dedication your your foresight yeah it was a costly Journey 66th Avenue but you minimalized it many times and and I want to say thank you for all of the guidance one Might Recall when uh U there was a a slot position open here um I I believed you should have been a general counsel at the time Dylan never let me forget that um because I was so emphatic about it but I'm glad you had the opportunity to be a general counsel because I think I was right back then and you were right to take the position even though it was a short Journey even though you're going on to a larger Journey with your family I just want to say thank you you will be missed thank you commissioner those are very kind words chairman thank you m chairman Bill who would ever thought I remember bill when he was here when he was the county Forester and we would I first met him on we only had six trees brush fires we we would have we would have brush fires we had more more Woods back then so we had a lot of them and Bill was always there with us you know fighting fighting the woods fires and the brush fires and stuff like that and then I didn't see him anymore I'm like where did Bill go and Tim Elder was here and Tim said well Bill's going to bigger and better things and and he ends up being the county assistant County attorney I'm like wow okay but who would ever thought that we would work then and we would work together we would work together now it's been an honor and and a pleasure and the fact that you're a Green Bay Packers fan made it made it even plus so um hey we we instituted the Brian rule on buying on buying rideways and all that sort of stuff which was pretty cool but uh it's just been a it's just been a pleasure to come down here and sit with you and talk with you at times about stuff and and U just you know being a part of my life and your life all the way back when you were with with Department of Forestry here and then get to know you even further but you've done a great job for the county you definitely are the the land and the RightWay Master there's no doubt about that and I think we I think we we we missed that we missed that touch that you had with that but everything that you did and the good advice and the friendship you provided it it's been great so we're going to miss you but I know you're going to enjoy where you're going and it's going to be nice up there so all the best to you and and your family and and uh we'll miss you but great job and thanks again thank you thank you madam chair you know the Forester days sound like there were so much fun i'ms really sorry I missed those gosh and uh we we um have not worked together as long as some of the others but I wish you and your family a very happy retirement and I hope it's just as much fun as the Forester days and more very much thank you thank you kindly I just want to we have the whole family here or there's somebody missing there there there's one missing she's in Pittsburgh it's her second day of orientation for law school so I wanted to point it out to say congratulations super proud of her for that I'm sorry anybody from the public family friends no all right well Bill you will be missed but I know you're going to be doing something fun and we're all going to be jealous of that I'm quite sure and Chris good luck now that you're going to have him full time we'll be praying for you all right [Applause] [Music] wherever you want it's your day so you want to be up here you been up here a lot [Applause] congratulations yeah all right now the bad news is Bill you still have to finish out this meeting back to work but we'll we'll try to make it quick and efficient for you all right our next Proclamation is going to be honoring Blake Allen Bartholomew on his retirement from Indian over County Department of Emergency Services fire rescue division will be read by commissioner Ean come on down I mean you guys came all the way here don't be shy think you needed all these bosses it's good to see everybody thank you madam chair my first remark is uh Chief Johnson I'm glad he got the memo this time time was able to make it I think there were more people here last time but you weren't here I'm sure there was well Blake it's going to be my honor to read this Proclamation then we're all going to talk about you I'm sure all right this is a proclamation honoring Blake Allen Bartholomew on his retirement from any River County Department of Emergency Services fire rescue division whereas engineer Blake Bartholomew began his career with in River County fire rescue on July 4th 1989 when he was hired by the Emergency Medical Services Department as a paramedic and whereas on October 19th 2007 due to the consolidation of EMS and fire departments Blake earned his State firefighting certification resulting in his promotion November 2nd 20 7 to fire medic and whereas on May 29th 2015 he was promoted to engineer and found his calling specializing in aircraft rescue and firefighting also known as ARF becoming one of the few designated Engineers for the airport crash truck in which position he continued until his retirement on July 30th 2024 and whereas Blake was chosen by his peers and leaders ship to be honored with the engineer of the Year award for 2003 2004 and whereas throughout his 35y year career Blake was PR praised by fire rescue command his fellow crew members and the community for his Advanced knowledge of emergency medicine during incidents and while teaching college students mentoring new hires and whereas Blake's decade of volunteering as the coordinator and vice president of the Indian River County bigart Brigade garnered even more praise for providing thousands of Thanksgiving Thanksgiving turkey dinners to Residents in need and now therefore be it proclaimed by the board of County commissioners of Indian River County Florida that the board is grateful to Blake Bartholomew for his 35 years of unwavering service commitment and dedication to his profession his peers and the citizens of Indian River County be it further proclaimed that the board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors adopted this 20th day of August 2024 and signed by Madam chairman commissioner Adams Blake it's you you made it we all made it we all seem to make it it's been a great career and in all seriousness I've known you when you started for a long time we worked together for many years and one thing Blake was always uh able to do was he was able to always willing to train new people especially in the art of of paramedicine because Blake was one of the best out there I can tell you that and he was always willing to do that in a train he was always willing to to help out and do whatever needed to be done around the station to any equipment or anything else just a team player and a great guy to be around kind of mild manner sometimes but sneaky at others but he was he was just always he's was always positive in his attitude and everything was good I can't say a bad thing about him he was he was on a different shift but we worked a lot together and got to know each other very well and and Blake you you you're just uh one of the outstanding folks that have crossed the path of emergency services and I thank you for it thank you go first of all I just want to thank Commissioners for opportunity to be able to work here for so many years um I did start as a paramedic and then went to fire school um I feel like it's been a heck of a career um you know you see a lot of things that other people don't see and I feel like the support of your family is most important during those times um this is my wife my daughter um and I'd like to thank the staff of in River County fire rescue for their support um you can't make it through this career unless you can laugh so um if you can't laugh and have fun it's you're not going to make it 35 years I can tell you that so um my co-workers just keep pressing on it's a great place to work it's what you make it I feel like we we made strides and you just got to keep moving forward um and and it's about it thank you fantastic Chief did you want to add anything yes you on the spot there I've known Blake since high school um this is where the real stories come out I love it we joined the volunteer ambulance Squad together uh we had a lot of fun and activities during our tenure uh we separated when he went to the Air Force and I went to the fire service after school but we joined going back together in ' 89 when he joined up to the county um it's just been a pleasure to work with him he's always a pleasure to work with at the station you never know what he's going to say next um he's always but he's always there for training people he's always there for doing the right thing he's always there for showing the department in a better light than what others do so he is I we're going to miss him we're losing a legacy we're losing institutional knowledge we're losing losing a great man I just can't say that enough he is he's my friend he's a and I hope his retirement is as fun as he had on this department so yes I uh I've known him a few days so he is a a good man and he'll be missed thank you appreciate it thank you anybody else mine's not appropriate you'll save that for a non-public meeting gotcha we do appreciate that watching the show but thank you for your commitment to Indian River County and your time spent here I know we are a bet better County because of it and um you know just it's great to have such wonderful people working with us and for us and your Testament to that so please enjoy your retirement you've definitely earned it and um I hope it is full of fun and festive ities and all the fabulous things that apparently make you you I've not heard some of the stories but now I have some questions to ask later on but nonetheless ask enjoy you've earned it congratulations thank you have fun yeah I can have him back if he get too much again I see a while ago that was very nice come here going on see you good morning good morning hey how are you good to you didn't know you had to run the gaun how many times right how are you hi yeah hey all right how are we going to line this one up are you're going to tell them what to do are they going to listen to you no no I know all right turn around turn around and is that good or some need to shift there you go okay perfect the short and the well hold on I'm short so I got to get in the no you're good I I'm I'm used to like a platform I need a little stool congratulations and en Joy an email GL you're here today okay I know our next presentation is a presentation of proc supporting the annual Vero Beach tunnel to Towers 5K run and walk and this will be presented by commissioner irman come on up ladies I'm sorry commissioner flesher I can't read this morning I apologize you sure yeah commissioner flesher it clearly says that right here it's all you welcome and we have recipients we do thank you thank you for all you do uh Madam chair I have the distinct privilege and honor of uh presenting this Proclamation something that uh is a Viro Beach tradition an in River County tradition our emergency responders have taken this to a full commitment and I appreciate it personally I know that some of us have participated in the run walk more importantly is some appreciate that it's run and walk that encourages is many to come because when you say run it's I got to compete with uh people that are in great shape and willing to run with bunker gear in in in the Heat and we we do see a uh a tremendous commitment but maybe we can really fill the house this year and do the right thing for tunnels to Towers thank you well I'd like to uh present the proclamation supporting the annual Viro Beach tunnel to Towers 5K run and walk whereas on September 11th 2001 FDNY firefighter Steven Silla laid down his life to save others when America was attacked for over 20 years the tunnel for Towers Foundation has honored Steven Lake Legacy by supporting the heroes who continue to risk life and limb in the line of duty and whereas the foundation's major programs involve gifting mortgage free homes to Goldstar families who have lost a loved one in the line of duty as well as assisting catastrophically injured veterans with specially adapted Smart Homes to enhance their quality of life whereas to date tunnel for Towers has delivered over 1,000 mortgage free homes and committed over $500 million do to multiple organizations that assist families of injured or Fallen First Responders including relief efforts and response to the natural disasters and this year the foundation is delivering over 200 mortgage free homes and more than 3,000 housing units to combat veteran homelessness and whereas the tunnel for Towers foundation made a promise to never forget those lost in the 911 and the continued impact at the attacks that have on America and its First Responders to keep that promise and educate future Generations the foundation engages with people in events Across America whereas the first tunnel for Towers race held in inie River County was in September of 2013 and this year is the 12th anniversary race and will be held at Riverside Park in virau beach on September 7th 2024 and the continued support from the Indie River County Fire rescue and local law enforcement agencies now therefore be proclaimed by the board of County commissioners of Indie River County Florida that it Indie River county is proud to support the Steven Siller tunnel to Towers foundation and encourages the participation in the Patriotic event that celebrates and actively appreciates First Responders and military service Serv members who serve save and sacrifice on our behalf every day duly adopted this 20th day of August 2024 it is signed by all five County Commissioners and we're committed to you thank you thank you it's a it's an honor and a privilege to receive this and this is my race team I'm very proud of them they work really hard the the fire department does so much for us I don't think we could do this without them we appreciate you guys as well hope to see you out there you can run volunteer walk I'll push you it doesn't matter we hope to see you there while we're here at the uh Podium uh could we tell people how they can be involved because there are others that may find out about this or see the event and wish they could have been there how can people participate help to raise the funds necessary to do all these great acts and to participate in one of the most spirited and rewarding experiences in Indie River County well we just happen to have printed out some QR codes that I can leave out front for people you just hit it with your phone register on your phone it's um t2. org uh it pops up registration donation sponsor anything you want to do it's super simple so and you can register race day as well and you can always sponsor us we're always looking for it I wonder if there's any way that we could put the QR code up on the screen so that if anybody's viewing they can do that as well I'm sure we can could we Madam chair yeah thank you thank you Kim for doing that even if we just had it up there for uh a just a minute anybody can go up to the screen and pick it up off the screen the viewing people just trying to make this as much of an event as it truly deserves to be I was there on that day and I took the initial run helps if you do it though all right so if anybody wants more information just scan that QR code with your phone camera and it will take you to where you need to be for signups and all the information you need we also have a Facebook you have a Facebook page tunnels to Towers Vero Beach okay so you can go there and find the information and links to everything you need so please everybody support um and one way or another and like it was said you don't have to be a magical marathon runner you don't even have to be a magical Marathon Walker you can totally stroll your way through um and just support the organization and our First Responders we really appreciate it Absolut there is a donation for the walk yes you can donate on t2. org or you can get there through our Facebook page as well yep and you can always call any of us so and I'm sure if any of us uh participate I believe we actually have some staff that's participating um in volunteering so and we have a little something for you guys as well okay fantastic bunker gear that they might want to let us wear Lo for those who want to participate in the full spirit and honor of the Walk we'll see you we'll see I was going to say I I will need some assistance if that is a requirement commissioner flesher so I'm glad glad to hear there will be Medics available actually um commissioner man and I walked it that was last year and I I've done it pretty much every year and it's thank you you can do it everyone you can do it you can walk it there's no time limit there's no time limit you do it at your own pace yeah and it's a beautiful observance uh one of the things that always hits me when I walk it is the photos of the you want to talk about that a minute just the photos of of each along the block we put um Stakes out with the photos of the fallen heroes from the day so as you're walking you walk past them twice it's it's a great and and we also have badges that you can run with that are the fallen heroes as well yeah I have I have one of those it's just it's a beautiful Memorial I I highly recommend everyone participate thank you thank you thank you thank you all right [Applause] thank you don't get purple purple's for [Laughter] us okay don't move too far I'll get a tall person thank you very much thank [Applause] than see you later okay Commissioners the next item is approval of the minutes of the regular meeting of June 4th as well as June 18th Madam chair move approval both second a motion and a second all in favor I opposed motion carries all right there is quite a few things under information informational items one thing I'd like to point out is the swid closures and collection Services changes for Labor Day um so those of you uh please check that out as you know when there is a closure it it adjusts um the waste and recycling pickup so that is included there and with that we will move on to the consent agenda Commissioners I have been asked by staff to pull eight Ai and 8 AO is there anybody else that would like to pull anything from consent um 8 uh U as in Utah 8 U you okay anybody else anybody from the public wishing to pull anything from consent all right Madam chair move approval as amended second all right we have a motion on second all in favor I opposed motion carries commissioner Moss will take these in order so 8 you is you you're up okay uh thank you madam chair this is the um anchoring limitation area uh interlocal agreement and I pulled it just to commend certain people who are instrumental in this and to share with the community what this will afford and that is we'll be able to address derik vessels in the lagoon a lot sooner and that's that's for the entire County I want to thank the city of Sebastian city of Vero Beach and town of Indian River Shores for cooperating on this interlocal agreement and you know participating and thank our County Administrator for making it uh making it happen um this has been going on or been a problem I should say uh for years um back to when I was on in my ver Beach city council days I want to commend uh Keith druitt always came before Council and I see Mr Michael Johansson in the audience and he was also there and Judy orot and especially um two environmental groups uh clean water Coalition and Indian River neighborhood association you know have pushed and pushed and this this has been years in the making and I think it will be a wonderful thing uh for our County in terms of removing derc vessels early we all you know we see it and it's uh every time I see it I just uh just I'm I'm glad I'm so glad we're doing this so move to approve thank you I'll be happy to second that Commissioners any questions comment or concerns no Madam chair is um now that it's been pulled I did uh speak with the uh County Administrator uh on this I I believe that we have to have a commitment of awareness and information and and ask that uh uh again the participants the voting Community will know those the existing voting Community but I believe that we need to have it on the website and uh uh take a leadership role to ensure that people know that we have these zones and they are in the municipalities as well thank you all right all in favor I opposed motion carries and with that we'll move on to 8 AI work order number four Amendment one Dune crossover replacement of two Dune crossover structures and one Dune crossover ramp repair at tracking station beach access welcome good morning commissioner Beth pow parks recreation and conservation director uh we pulled this item just because we had a correction to the recommendation language um there was a mixup whenever we uploaded uh the agenda item where the language should been corrected to just move this work order through the normal work uh workflow as opposed to having John sign it uh so the new recommendation is Staff respectfully requests that the board of County Commissioners approve work order number four amendment number one continuing Engineering Services RFQ 20110 008 continuing Engineering Services RFQ 20110 008 renewal and amendment number one Dune crossover replacement of two Dune crossover structures and one dun crossover ramp repair at tracking station beach access and request the board authorize the chairman to execute the work order four amendment number four after review and approval by the County Attorney okay Commissioners any questions on that comments concerns if not approval all right we have a motion by commissioner second with the flesher by um we have a motion by commissioner flesher with a second by commissioner irman all in favor opposed motion carries and with that we will move on to 8 AO thank you we have the same issue here on this one and so I'll just re uh read the uh revised recommendation staff respectfully requests that the board of County Commissioners approve work order number 25 amendment number four continuing Engineering Services RFQ 20110 008 continuing Engineering Services RFQ 201010 008 renewal and amendment number one Hobart Park restroom connections and utility service plans revisions authorizing the Professional Services as outlined in exhibit a and request the board authorize the chairman to execute the work order 25 amendment number four after review and approval by the County Attorney okay Commissioners any questions M CH you pulled it or so they could give the update yes with that since you can't approve it at this point save a motion to approve fantastic I'll be happy to second that if there's no other comments all in favor I opposed motion carries thank you thank you and with that we will move on to public hearings our first public hearing is consideration of an ordinance of Indian River County Florida amending the zoning ordinance and the accompanying zoning map for plusus 9.91 Acres from CG General commercial District to CH heavy commercial district and this is a quasi judicial matter [Music] so I will go through all my paperwork here um this is a quas okay here's our checklist commissioner we're going to ask if you guys can disclose any expar communication site visits or independent investigations commissioner lore Canon will commissioner flesher Canon will all right I have not had any and none that I'm aware okay commissioner Ean I not have any Canon commissioner Moss none and no nothing disclose and can and will okay well that cover that question to but just to go through it confirm that you guys have open minds and are able to base your decisions on the evidence presented yes and and will yes yes can yes okay at this time we'll open the public hearing and ask that anybody that's going to testify or provide input be sworn in by the clerk do you swear or affirm to tell the truth the whole truth and nothing but the truth fabulous all right we'll move on to the county presentation good morning Madame chair Commissioners Chris Balter chief of longrange planning today we have before you Patriot Response Group llc's resoning requests from CG to C description and conditions the property contains 9.91 acres and is located on the west side of highway US1 east of Old Dixie Highway the property is currently Zone CG General commercial Zone distri District the purpose of this request is to Res Zone the property to CH heavy commercial zoning district and to develop the site within the permitted uses uh the surrounding land use pattern consists of a mixture of commercial to the North Industrial land to the west across the FEC railroad tracks and Old Dixie Highway with the nearest single family development to the southeast across Highway US1 at Grand Harbor CG General commercial district is design uh is designed for General retail commercial uses with no warehousing is intended to provide for development of General retail sales and selected service activities it prohibits outside storage and limits self- storage to three unit three acres the CG zoning district is not intended to provide for heavy commercial activities such as outside commercial service uses heavy repair services or industrial uses uh before you is the zoning map it shows the three Parcels that are looking to be reson to CH and the future land map that shows that it's all commercial industrial CH proposed zoning a heavy commercial zoning district is intended to provide for areas for establishing engaging in wholesale trade major repair services and restricted light manufacturing activities provides for Support Services necessary for development of commercial and Industrial uses allowed within other non-residential zoning districts the request for resoning is consistent with the CI future land use designation commer industrial fer land use designation is intended to provide areas for development of Industrial and Commercial uses it's located in areas that with suitable level of service and infrastructure for urban scale development located along major transportation routes and separated from residential areas and with this there's no future land use Amendment needed for the proposed request so when we do a rezoning we do an analysis per chapter 90212 subsection 3 and it is as follows uh a in conflict with any applicable portions of Land Development regulations it is not it meets this criteria is consistent with all elements of the comprehensive plan it is not it meets this criteria as well consistent with the existing and proposed land uses it meets this criteria in compliance with the adopted current County Thor thorough flare plan it meets this criteria generates traffic would decrease the level of service as adopted it does not it meets this criteria as well F subject to change conditions exist that are warrant and warrant the amendment it does meet this criteria as well and would decrease the level of Service established for sanitary uh sewer poble Waters Solid Waste drainage and Recreation it does not decrease so it meets this criteria as well the size to be rezoned is 9.1 uh 9.91 Acres existing CG zoning district is uh 10,000 squ ft² is the max the proposed CH zoning district is wholesale commercial and that's 20,000 ft so it is a little bit bigger and then the analysis as continued H results in significant adverse impact on natural environment it does not so it means this criteria item I results in orderly and logical development pattern specifically identify any negative effects on such pattern it does not have any negative effect so it meets this criteria in conflict with public interest and in harmony with the purpose and intend of Land Development regulations it is meets this criteria as well in K any other matters that may be deemed appropriate in the review and consideration um and it me all its concurrency mandated so it meets that criteria as well in conclusion the request CH zoning district is compatible with the surrounding areas consistent with the goals objectives and policies of the County's adoptive comprehensive plan is consistent with the County's Land Development regulations is deemed suitable for CH zoning supported by staff and the Planning and Zoning commit voted unanimously on June 13th uh during a public hearing to support this as well staff's recommendation staff in the planning zoning commission recommend that the board of County Commissioners approve this request to reson the subject property from CG to CH that being said I'd be happy to answer any question the commission may have okay Commissioners do you have any questions of Staff commissioner Moss um what is the proposed use the proposed use is uh it's actually Patriot Response Group so their uh office is actually in uh ver Beach and they'll be moving their corporate office to that location so so it's a contractor trade office so it's it's a corporate office but it requires resoning for heavy because it's a trade office yes they do um it's similar to serve pro is what they do so think of that so they do they'll need equipment storage and that so it's trucks coming coming in and out of the property correct so do do we know how many I don't know how concerned about traffic because we I'm sure we all get a lot of complaints about traffic I know I do I'll speak for myself with it being on US1 and Dixie um it's not going to fail the level of service even with that um but um a traffic study will be required when it goes through the formal site plan submittal process a traffic analysis was submitted during this process and it was approved by our engineering department as well is there any kind of um discharge or environmental hazard having the the truck I mean is there anything any kind of leakage from the trucks I mean what what what are the trucks what kind of trucks I guess not that I'm aware of but I'm sure that the applicant can speak on behalf of any of the trucks that enter and exit the site uh generally it's anywhere between box trucks or cleanup trucks from fires or actual uh natural disasters so I'm just thinking a little bit further down US1 and Old Dixie um is like Meeks Plumbing so it would probably be something similar to that where they have their office but they also kind of have a yard for their equipment um but whatever they're doing as far as the services that they're providing and then the I don't want to say discharge but whatever is coming from that would have to be taken to the property proper facilities um and then they bring the equipment back there to store I look at it as something similar within that Corridor I know that's further down but that's correct essentially that's assuming what the use is thank you you're welcome Commissioners other questions no all right is the applicant [Music] here no okay well then is there any input from the public anybody from the public wishing to speak on this matter seeing none Chris do you have a final presentation that's pretty much it okay all right have all the documents and tangible evidence been given to the clerk yes yes all right with that we'll close the public hearing Commissioners what is your pleasure Madam chair it appears that uh after staff's close scrutiny in accordance with the 90212 paragraph three it covers all four corners of concern move approval all I have a motion by commissioner fleser with a second by commissioner lore there's no further discussion all all in favor opposed motion carries and with that we will move on to our second public hearing which is consideration of an ordinance of Indian River County Florida amending the zoning ordinance and the accompanying zoning map for plus 1.45 acres from ilil light industrial district to CG General commercial District this is also a quasi judicial matter so bear with me we'll go through our checklist again Commissioners um have you had any expar Communications site visits or independent investigations none commissioner I have not have not Commissioners can you confirm that you have an open mind and are able to base your decision on the evidence presented an applicable law Canon will can Canon will Canon will Canon will all right at this time we'll open the public hearing anybody that's going to speak on this matter please um stand to be sworn in by the clerk do you swear or affirm to tell the truth the whole truth and nothing but the truth I do fantastic at this time we will move on to the presentation by County staff Chris welcome back we have uh Mr jod Miller's request to reone from IL to CG subcription and conditions the property contains 1.45 acres and is located on the west side of highway US1 east of Old Dixie Highway this property is currently zoned I light industrial zoning District the purpose of this request is rezone the property to CG General commercial zoning and to develop the site with the uses permitted that are more suitable for retail sales and selected service activities the surrounding land use pattern consists of a mixture of commercial to the North Industrial land to the west and single family development to the east attached you can see the zoning map in front of you that shows the subject property is on the edge of CG and the future land use map shows that it is commercial industrial and that it is in the commercial node I light industrial district is intended to provide for limited manufacturing and Industrial Services designed to promote the establishment of employment centers that are located close to Urban resources services and Facilities located in areas with an available labor force and local industry and businesses markets while minimizing the potential for any adverse impacts upon nearby properties you can see that there's actually a little bit of reduction from IL to CG it allows the minimum air minimum area the proposed zoning district for CG is designated for General retail commercial uses with no warehousing intended to provide for development of General retail sales and selected service activities prohibits outside storage and limits Self Storage to three acres and the CG zoning district is not intended to provide for heavy commercial activities such as outside commercial servic uses uh heavy repair services or industrial uses the rezoning request is consistent with the CI future land use designation it is part of the commercial industrial future land use node commercial industrial future land use designation is intended to provide for areas of development of Industrial and Commercial uses located in areas that are suitable level of service infrastructure for urban scale development Lo along major transportation routes and separated from residential areas and with this request no future land use Amendment change is proposed as part of this request we have the same analysis as previous of 92.1 two is it Inc conflict with any uh excuse me in conflict with any applicable portion of Land Development regulations it is not so it meets this criteria consistent with elements of the compr plan it meets this criteria as well consistent with the existing and proposed land uses it meets this criteria it's compliant it with the current County's thorough fire plan which it does it uh generates traffic which would decrease the level of service as adopted it does not decrease the level of service so it meets this criteria the subject to change conditions existed that are warrant the amendment it does um with this lot being so small for industrial it didn't really make it viable for an end user uh would decrease the level of services for sanitary sewer pable water Solid Waste drainage and Recreation it does not decrease that so it meets that criteria uh and significant adverse impact on natural uh environment it does not so it meets that criteria results in an orderly and logical development pattern it does it meets that criteria is it in conflict with the public interest it is not it's in harmony with it so it meets that criteria and any other matters that may de appropriate in the review it has meant the concurrency standards um so it meets that criteria as well the conclusion the Quest for the CG zoning district is compatible with the surrounding area consistent with the goals objectives and policies of the County's adopted comprehensive plan is consistent with the County's Land Development regulations it's deemed suitable for CG and supported by staff and was approved by uh Planning and Zoning Commission on June 13th unanimously staff's recommendation staff in the Planning and Zoning Commission recommend that the board of County Commissioners approve the request to reson the subject property from IL to CG that being said I'd be happy to answer any questions and I did want to note that there is a proposed use at this site as well for the ver Racket Club okay Commissioners any questions yes commissioner just again on on traffic so it it's going to be a what a sports facility is is that a racket club ret Club um you know going I assume with manuf ufacturing there weren't there was not a lot of traffic or would not be anticipated to be a lot of traffic as opposed to a retail um have you had any you know discussion with them about what they're expecting in terms of traffic so we did have a traffic analysis that was submitted as well and it did pass uh it didn't decrease any of our level of service I can't tell you exactly how many they expect to be at the location um I know that the applicant is here and they may have a idea of the architectural design of the building to see how many people they would actually be housing in there yeah so um is you're more intimately involved with the process itself do you do you counsel them as as the process goes along with regard to traffic I mean you know it's an over become an overwhelming concern so yes so during when they first meet with the longrange planning division they actually have a pre-application meeting and any of the issues that arise out of that pre-application meeting traffic being one of them if it's seen is discussed at that time okay all right thank you madam chair sure Commissioners other questions okay is the applicant here or is there um any presentation by the applicant nope okay any input from the public 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 Chris do you have anything final nope all right have all the documents and tangible evidence been given to the cour Fantastic at this time we'll close the public hearing Commissioners motion approve second all right I have a motion by commissioner lore with a second by commissioner flesher there's no further discussion all in favor opposed motion carries thank you and with that we will move on to our final public hearing which is a legislative one so we do not have to do a checklist um this is Jonathan D baret's request for abandonment of a 25t wide plotted ride of way welcome thank you all right for the record my name's uh Brandon Christopher craigan chief of current development good morning commissioners before you today is a RightWay Abandonment for 19th Court the subject area to be abandoned is East of US Highway 1 in south of 41st Street the rideway is 25 ft in width and 1925 41st Street and it does have direct access to 41st Street uh coincidentally before coming into this meeting the um applicants today that are requesting abandonment have informed me that they are actually in contract to purchase 1 19225 41st Street so it will no longer become an issue anymore um no easements are required for this abandonment request staff recommends that the board of County Commissioners abandon its right to the subject portion of the subject right away and authorize the chairman to execute the abandonment resolution I'm available for any questions you may have thank you Commissioners any questions no anybody from the public oh I guess I did I officially open the public hearing no oh public hearing is not open sorry um 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 all right Commissioners I apologize any comments questions or concerns if not what is your pleasure all right we have a motion we have a several motions we have a motion by commissioner irman with a second by commissioner flesher all in favor opposed motion carries all right don't worry commissioner Lauren I'll catch you next one yeah I'm okay give give a double all right Bill public notice items I think that's that's you okay um there is going to be an assessment resolution of the board of County commissioners of Indian River County adopting a non adalum special assessment within the county limits for the purpose of benefiting assess properties through enhanced Medicaid payments for local Services finding and determining that certain real property is specifically benefited by the assessment and collecting the assessment against the real property um this will be heard by the board of County Commissioners on September 10 2024 at 95 am or as soon after as the matter may be heard Madam chairman thank you so much is this something we have for we we did this before is there something this is an annual um process that you have to go or that has to be done in order for the hospitals to receive additional Medicaid money okay I thought I didn't know if it was R all right with that we will move on to Utility Services welcome Sean 4230 20th Avenue bad dead write off of utility account and future continuation of service good morning Commissioners Sean leisi utilities director um as you mentioned 4230 20th Avenue uh was a property that went through foreclosure um starting in 2022 um was eventually foreclosed on in 2024 where the County assumed ownership of that in April earlier this year um and then on at the June 18th 2024 uh BCC meeting a resolution was was resolved to cancel the taxes on the property unfortunately the the utility department had a or the property had an equivalent residential unit associated with it for sewer Services um and so they had some bad debt associated with that property where they had an assessment uh that was not paid they had some unpaid service availability charges uh some miscellaneous fees that they also did not pay as well as some penalties of interest for a grand total of $ 37,3 3448 um what we are asking today is a couple of items one is to allow the the write off of that bad debt um so writing off that 37,000 um however the property still has the eru associated with it so it still has the sewer eru associated with that property therefore service availability charges will still continue to acre um on that property um unless we do a couple of things um one we could relinquish the eru and that is something that the board would have to do um upon relinquishing that eru whoever then purchases that property or or uses that property in the future would have to pay the service Avail or would have to pay to reinstate that eru um or there's a couple of other options that could be done um the other would continue to to acrw the service availability charges so determining which county um Department would actually be responsible for continuing to pay that um until that property is developed or turned over to somebody else to further develop um and the third option would be to have the county general fund pay six months of that service availability charges upfront um for a total of $145 to allow time for the county to dispose of the property at the point of the disposition of that property or disposal of that to whomever if somebody else and I believe there might be some owners who are or some um property owners who were interested in purchasing that property um they would then take over that service availability charge at that time so I I would prefer to go with staff's recommendation of option three only because I know there's some um affordable housing groups um we're trying to make what we can available and leaving that uh eru on there just it helps it just helps the process streamline it a little bit faster to move some of those projects forward and if we if we canceled the eru they would have to pay the $2,700 approximately to have that service reinitiated for that so which just seems like kind of a waste if that's what we're if we're trying to facilitate those types of project so and if we're not able to get something done in six months we can always revisit it but I would suspect that we could make something happen there sooner rather than later so that's my two cents on it commission any other input or questions or concerns for Sean on this if not not mam chair I think option three is obviously the best in all interest of future and current owners motion to approve all right I have a motion by commissioner lore with a second by commissioner fleser any further discussion all in favor I opposed motion carries thank thank you all very much all right with that we'll move on to hold on let me get my ducks in a row here we'll move on to county attorney's matters the first item is authorization to move forward with injunctive action against code enforcement case number very long number 202 30833 welcome Miss prto thank you good morning Commissioners um at this point in time this particular case um the name of the case is hell it has started in felme back in the summer of 2023 this particular code enforement property um had a code order subsequently issuing back in March of 2024 in which a fine was issued on this case that still did not entice the property owners to come into compliance um then as recently as the last code enforcement board uh staff's thought that it would that this property does in fact meet the criteria for a public nuisance pursuant to our Internal Revenue sorry our Indian River code section 97304 um and under Florida statutes 40341 3 there are two separate statutes which we can kind of look at here one of them is the Florida Li litter law which does prohibit dumping of wood and other materials on private property that creates a public nuisance or otherwise violates local laws regulations this in conjunction with Florida statute 6.05 allows the county to bring an injunction to enjoin the public nuisance this particular property the facts of the case are that there are numerous pieces of debris mainly being large dead trees that were brought and trucked from outside of the property and brought onto the property um I did speak with the attorney for the respondents yesterday okay and she is present um and it looks like there are a couple of updates on this particular issue but uh that's where this started they started to build what they called a quote unquote BM um and do some other stuff but because of the wood and other debris that could be launchable items in a hurricane event or could create um also the ability of a fire if we know that there's some other code sections when people deal with mulching and the stock piles have to be a certain level um so at this point in time staff deemed that it would be deemed a public nuisance the code enforcement board upheld that and issued an order stating such so it is at this point in time the request of staff to continue to move forward with an injunction to cease them from bringing forward any more accumulations of dead trees or anything else onto the property I will say that with that being said I did speak with staff who is here present today um Mr Steven hit who did visit the property yesterday and he said that the property owners have made the most progress that they've made to come into compliance with their code violation um as of yesterday but are not quite in compliance yet so if you would like to hear more of the facts of that I'm happy to have Mr hit come up and speak to you on that matter but the injunction that will be sought would be not one of us going onto the property to remedy the injunction as we have in the past it would be one to Simply enjoin them or ask a court order to have them cease from bringing items on to the property thank you um because at this point we haven't been able to enforce the code order of ceasing to bring um debris onto the property correct correct that's the purpose of this yes okay um Commissioners do you have any questions of Staff this has been an ongoing issue um okay Stephen can you give us a little history sure uh for the record Stephen hit principal environmental planner Indian River County uh sure yeah so basically uh we met on site yesterday morning to uh discuss some of the ongoing progress that they've made uh since meeting last week um so just a short brief history of the of the the problems were the there were large trucks uh bringing in um entire trees and Limbs and they were stack land clearing debris yes land clearing debris That Was Then stacked around the prim of the site um and that was that was the main problem so we um we've been working through getting those addressed so a large portion of the Eastern BM has been completely removed that was a stack of of trees and debris and that has been mulched and taken off site there there is currently Mulch on the northwest portion of the property that they're going to be uh integrating with Phil to create a proper BM um in accordance with you know what they've been told by staff um the rest of the BMS appear to have been reworked completely where they've removed any of the outstanding uh trees and large debris so that it can be processed for mulch and then uh reconstituted into the BM So based on what I saw yesterday that that is moving toward compliance they still have some permitting issues that they're working through right now uh I believe there was a smittle this week uh based on staff comments from public works for type c permit uh which is related to to a flood plane uh violation that they had on this case and so like I said it appears that everything is is finally moving forward so are they removing the BMS because that's been a question of some of the surrounding Property Owners So the plan uh that was submitted by their engineer was to retain a burm on site around the entire perimeter uh there is a section that will have a break in it I believe leading to the north uh canal as their discharge uh point for that type-c permit but the intention is to have a burn around the property okay and what's the what's the zoning and land use so I believe the zoning is A2 which would be an agricultural zoning umal residential M okay all right anybody else for staff at this moment no did you want to say something thank you good morning Commissioners Madam chairman um I thank you for the time it's been a confusing series of almost a year uh going forward I just got involved in this on Friday and been trying to go through sta reports which have been very good uh a lot of what has happened here um I I think might be evident is we've taken some my clients have taken some left turns thinking that was the way to go when there were multiple choices to take that depended on whether or not the flood plane uh issues were being addressed so there was going to be uh a disconnect I think in their minds and uh maybe also a little bit of a trouble a trouble in understanding exactly uh when they're going to the code board what was happening at the code board and that's not something uh I think that they should have taken on themselves uh as I say I wish I had been on this sooner because that was an evidentiary hearing they should have had people there um giving evidence and more than just a few pictures obviously um and I hadn't even seen but uh Mr hit's work has been great and detailing the emails and such of what has to go on they were a little overwhelmed but they certainly should have been uh more tuned in so they're terribly apologetic we come here you know very much in the position of saying oops this is not where we wanted to be they've been very sincere all along as well and I think uh staff can con uh confirm that they've not been combative uh they've just been confused and I think in the code board especially um it would have been the time to uh really clear things up but we're trying to do that now we met yesterday as Mr hit said and uh uh you County attorney said to take a look and see what progress has been made because we've been trying to get them back into the straight there are certain tranches of things to get done and they'll focus on one and then focus on another and they really have to work together so what we're trying to do is put a plan together that makes that all work um they were unaware that the type- C permit would really impact so many of the other things that were going to happen so that's a confusion they apologize they have brought well actually it's mostly U Mr hit pictures from yesterday they did a tremendous amount of uh work to clean up their and let me clear up too for several months now I mean they they stopped bringing in as far as the nuisance goes there weren't there wasn't debris coming in I think that was um incorrect information I don't know where it was received again I'm trying to get through there's like 161 pages of people submitt information on this property obviously several neighbors are interested in it and uh so when those things come in uh we have been uh trying to figure out what was accurate what was not but they have not been bringing it in as far as the the nuisance and having an injunction there isn't been um uh anything coming onto the property they were told that they also tried to get all of their equipment off I think they've gotten it off all yesterday so we have pictures of that as well um because they're used to I guess working up in Bard on a completely different type of property and they can like leave a dump truck there and such there are obviously things here that they needed to be aware of in the code and they again uh I think need to put a full plan together which is what I'm doing now I'm hoping that all the crossed wires will be uncrossed um my conversation with the attorney yesterday was very helpful and with Mr hit I mean both of us were pretty much we don't know how this got so far off because everybody seemed very well-intentioned um there wasn't really any um movement to try and get around things there was misunderstanding about what they could and couldn't do say say bringing on an incinerator when they had uh State approval but they had to go through enormous uh code approval in the county to do that and they didn't understand that part so it's up to them to do it that's not an excuse we need to know those things ahead of time and that's what I'm trying to do put that plan together um they as I say have made a great deal of progress and staff has been very reasonable and very open with all of us uh and and again yesterday we saw a great deal of progress there aren't the big uh tree stumps and such the the chipper doesn't always clean up every tree perfectly but most of it is is done very well um I I think too you know short version um they've come to the realization that they needed help and that code was trying to help them but I think the comprehension of what was going on I mean they got some notices and they swore to me well no no no that's not you know that's not what that says and I said right here they're telling you very clearly the count on your side here they're giving you the information you need so once we get that all plotted it's going to be a whole lot easier to get this back in uh I think good shape real good shape they intend very much they want to be in felsmere they intend very much to have uh their programs and they do Obviously good charity work for rescuing horses and um do a lot of it on their own and I I think they kind of missed the boat when they didn't incorporate a few more people to help so uh we come here to ask that maybe you can just delay I don't know about uh as far as the nuisance I read up on that if you can delay doing an injunction um since we've made the progress uh and we have pictures to you know show that um and also but we'll be addressing the Foreclosure as well but um I think we can work with you from here on forward to get this done in in a very Speedy manner once they understand what they need to do they're very active so Commissioners I just want to give a little bit of history on this issue because I've been contacted many many many times by many yes by many um different surrounding Property Owners um it's not just one or two there's there's quite a few When Miss Larin refers to 161 pages of documentation that's been submitted that's pictures and videos that are sent to code they're sent to miss prto they've been sent to myself they've been sent to Mr hit pretty much everybody over the course of the year and what was happening is um the property owner was had a land clearing company that was bringing in semi-truck loads not just little trucks not brush trucks like semi TR loads of land clearing debris and dumping them around the perimeter and then covering them with dirt to create a burm and it's it's a pretty substantial burm it's not like I mean it's tall the burm is taller than me I mean I know I'm short but that's it's a very big substantial BM um and the the trucking was happening for at all hours and and I can attest to seeing them drive down down Babcock Street because you know this is in the general area of my of my property as well so this H this continued and continued and continued until and even after the fines were imposed in March it still continued there was an incinerator on the property there was some burning that was going on there was a giant Mulcher that was brought in and there was mulching going on um and there houses they residential houses that surround this I mean it's the a area so it's 10 20 acres but there's still houses there's one literally right next to the burm um the neighbors are very concerned about wildfires they were very concerned about the noise they were very concerned about the use they were concerned that this was a commercial use um or that's where it was going um a recycling facility I mean just all sorts of stuff so it hasn't been until the past month when I think the discussion about the injunction started and foreclosure that any real meaningful progress has happened and any meaningful stopping of any of the uses has occurred um I believe the property owner has said that they intend to use the property as a horse rescue I'm not exactly sure how that's going to work with a giant BM but that's you know on them um I've never seen that in any of my a raising a husbandry years that that is something that you would do um so I I can understand that neighbors concerns I can also understand that you know from a county perspective you're bringing in you're bringing in things from outside the county um we've had this issue in the past down in the South County where a local mulching company was dumping Mulch on a property um but that was part of a best practices for a soil amendment um for a farming situation this is completely different so I understand um Miss Larin what you're saying regarding the property owners are working to address it I think in the past when these things have come to us from code enforcement um we have always it's the code board is autonomous it really just comes to us us as um a courtesy um they have their own enforcement capabilities and we as a board have always supported the code enforcement's position um and and moved that forward and then left it to the to the affected property owner and the code board to work out as that moves through the process um I'm of the opinion that if they're not moving the stuff onto the property then the injunction shouldn't affect them however if they do start moving stuff onto the property again we have a tool in place that we haven't had to be able to address it because you know we cannot go out say for me going out and throwing myself in the middle of the road we don't have law enforcement capabil and I don't think that's a really productive way to do it we don't have law enforcement capabilities to call and say hey there's a Cod there's a Code order against this but trucks are still coming on the property um Can somebody come out and see what's going on we don't have the ability to do that without this injunction and I think that that's where the code board um has been a little frustrated with getting the attention and it seems like maybe the attention is there now which is great but I'm of the opinion that that we need to continue through this process you guys can work on it but then we have the tools in place because it's been over a year and if we if we stop or or give that extra time and it doesn't work out then we are you know beh we are behind what where we need to be to rectify the situation I think we'd be agreeable to that I I don't mind and I'm sure my clients wouldn't mind that there be any extra uh protections for the county on this simply because of the bast uh again there was an an intention to stop this and make sure that on the in incinerators gone they also um unwisely relied on some other people's like you say some other properties that aren't similarly situated and they thought that they could Mulch and put things into the burm and that's not how that works on that kind of property and so now they're aware of that and they've cleaned it up um their uh uh the injunction is not the biggest problem the Foreclosure is something that we would like to just delay you can stay on the boards if necessary but uh the uh our time for appealing the Cod you know the Cod decision um is is coming up and I thought if we could get an agreement to delay that it's still available to you but if we can show further progress and show you that this isn't you know it truly wasn't intentional and I I do know these people and I've known them for several years uh and I'm sorry myself personally that I didn't know this was going on um it would have been a whole lot easier if they had had some legal help with this um because you need to you need to get into the code first and know what property you have you have to know what the restrictions are and code is likely telling you that but you know unless you have a paper in front of you sometimes people don't really catch on so if we could you know certainly accept an injunction and maybe put off the Foreclosure we'd be very happy with that and come back at any point certainly to code and uh and show them more of our progress okay this this current is item in front of us is specific to the injunction right correct and if I may just very quickly so under 60.5 the injunction everything has to be done within a time frame so it has to be done within 30 days from that order issued which is why I brought it here today um I will tell you that if it's the board's desire for me to continue with the injunction I can attempt to do that um I will at least give a little bit of advice and warning that if they happen to be at the time the injunction is being heard be deemed to be in a more compliant standard or no longer fit the facts of the injunction that that may not go through so I just need to give May specifically clear advice as to how this may or may not turn out so I just want to give you all your options I think Mr hi has some pardon me I apologize go ahead I'm just going to I was going to move to approve the filing of the petition for injunctive Relief okay I'll be happy to second that Commissioners I think we've given them ample notice I'd be curious to know when the rehab started so to speak uh probably when they caught when that this was going to be an agenda item is my is my guess don't know but I'll go along with the the motion and uh Council loan uh you have uh you have a great track record and I admire your interest I wish that you you said you're familiar with the clients for a number of years but you were not aware of the scenario I believe if you were we probably wouldn't have been here today yeah and I think I think with the communication the cooperation and uh your energy I don't believe we would be here today I just wanted to let that out you kind of answered my question when you said I'm familiar with them but I only the progress was going yes this was discussed I get it we are aware of the situation we all get communication about this scenario I want to be guided by uh uh Stephen hits un understanding of the progression so Council can do her job I was going to suggest that as far as you know the injunction Stephen has a a very good idea and pictures for you too if you need to see um the very very hard work and that we've accomplished we were all out there yesterday uh out in the in the field and um it it shows a great deal of the change and again you you said they have great intentions and they were well intended but we know what happens to that road and Pathway to that other place it's pumps whole lot of people with good intentions yeah so let's allow the intentions to go forward and as this progresses there could be the 11th Hour call counselor that that's correct if there's no longer evidence for an injunction then there's no longer evidence for an injunction but at this point in time I I don't know that we're there yet which is why I'm asking the if you'd like to continue and if we get to that point then we get to that point and I I believe that we need to continue but uh they have to beat feet and get the job done exactly the neighbors won't be as disrupted and yes inconvenience and we can have the happy Mission that's right exactly well and and as uh Mr head has pointed out um there has been a good deal of change so it may well be that the injunction uh isn't appropriate at this time it may be down the road um it it is again not something that we are complaining about U because we know why it's you know being uh proposed but again back at the uh code board meeting I think there even some of the code board folks were still trying to set out things to do to go forward to avoid the Foreclosure which we'll talk about and and I think that indicated to some of those things were what were concerned with the injunctions so we knew at that time that they were you know moving forward that there was progress being made okay thank you all right there is a motion by commissioner Moss with a second by myself any further discussion Commissioners anybody from the public seeing none all in favor opposed motion carries thank you all right with that we'll move on the authorization to proceed with foreclosures on Code Enforcement cases arola lond lond and hsel so Susan you want to take these separately all right so we'll start with which one do you want to start with I was going to ask commissioner um if we could please just start with hell since they're at the podium and just take it out of order okay Commissioners um there are what one two three four four foreclosures on this item so we'll need an individual motion on each one is that want to handle it correct and we're going to start with the one that's listed in the backup last first yes so this is the hell cell case and it is the code enforcement um case 2023 80033 um you've heard many of the backup on it already I won't belabor the issue um and the evidence on it so we do have our order imposing fine this did start back there was an evidentiary here on January 22nd 2024 um and they had one extension to come into compliance um they have a $250 per day F that is currently running and is recorded at o Buu and Page 3690 732 and as of today's date the property is not in compliance um so staff is seeking to move forward with foreclosure at this point in time we once again as we have said in many and I will reiterate this um we don't like taking things to foreclosure if it's stops beforehand and they come into compliance beforehand we don't send things out to outside Council um and just a side note the one case that uh the utilities director brought forward the one particular property that was only the second foreclosure that the county had done um out of the many that have been brought in front of this board most of the time they come into compliance so um while this is a last result that I know that the board doesn't like to take it is a measure that sometimes we get to so I wanted to at least put that out there for the board and for your consideration thank you Commissioners do you have any questions this staff at this time M lurin anything that you want to add I think I probably covered most of that previously just to reiterate though that the code board meeting was something that we should have been a part of uh together and uh there was much evidence and we didn't even subpoena or you know at the time they didn't subpoena witnesses that could have helped everyone understand this so we're hopeful that that can be put off because of course that's a huge step and also an expensive step and uh we want to be able to prove to you that we're moving uh forward and as I said um Mr hits pictures will show just how much has been done just in the past week because he was there last week as well and we have uh pictures of that but also newer pictures that The Hil have that uh they worked all last night as well to make sure that the the property was clear of um equipment and a lot more of the there's a lot of agricultural underpinnings you know the pipes and things it's obviously a citrus farm so you know that stuff is being worked very hard uh currently and it's going to continue to do so so we were begging a little Mercy on on the uh the Foreclosure action thank you so just to kind of reiterate what I said before for us this isn't the first time that a foreclosure has been brought before us from code um since code is an autonomous board that is it's being brought to us out of a courtesy they've already made the decision to move that forward corre um in the past Commissioners we have always supported what the code board has said as a measure to um ensure that things continue to move forward there and I can say we have supported that several times and the Foreclosure has not gone forward because the property has been brought into compliance so there is because filing and all that other stuff takes time there is the time to bring that property into compliance and if you guys are working on that as you say that you are then I would um I would think that you would be able to bring it into compliance and avoid the Foreclosure however from my perspective our position has been to support the code board um and I don't see how we could not continue to do that um as a policy position if I can add um I I've watched foreclosures and the courts are very amenable to of course especially the county commissioner the code board to moving forward on a foreclosure they actually go fairly quickly and uh in these days age when we have you know Zoom hearings and stuff it's much easier for them to do it it doesn't take months it can happen quickly and that's why I'm here um I as I say I just stepped into this I I haven't I I can't tell you exactly all the different code things that we have yet I'm still making a list but uh I think we're very very close but I can't guarantee that um I want to make sure that we are all in touch with this we need to know from the code board and certainly from Mr hit and his staff um exactly what we need to do and I'm not sure that we have that full list yet simply because I only had you know the three days here to put that together so if I realize that you want to support the code board and that is natural but I think because the code board was uh waffling um at the last meeting I think they were trying at least to put forward some other ideas so they they didn't vote on that and I realized why the county commiss uh County attorney wanted to move forward I do get that uh it gets to be frustrating when you all are dealing with so many of these cases but in this situation I'm hoping for a slight delay simply because I know the courts and the courts might um overtake us and that's a little you know a little bit scary uh and also it's going to cost everyone money um which you might want to you know save a little in that respect because I think you have to get outside councel and such um to do that but I we do appreciate having the opportunity to talk today since again I wasn't there earlier and wish I had been great yes so just our outside counsil I can tell you you you do have some time it's not like they turn around I don't turn around and send it this afternoon because this meeting will probably go a little longer um but it will be sent out and outside Council does take some time um to get some stuff done um I don't know about board I don't know about the code and enforcement um the term of them waffling so I think they were more concerned about the disregard for the order um so at this point in time we're still asking to move forward um if they come into compliance obviously it won't get sent um but they have time it's not going to go to the Foreclosure court tomorrow I think the last time we looked at I think it's been roughly a month um before stuff gets filed so they have time it's not like it's something that happened um tomorrow and even then I know the foreclosures that we have it's taken a number of months for them to get finalized it's not something that's finalized um that quickly uh we have just barely finalized I think what was it back in April one that started a few months before that um that was now a property that was being given for uh affordable housing so and that's only the second out of the numerous that haven't gone because people have come into compliance as I say I'm not sure where we are on the compliance and again I'm also sort of begging for myself because I'm just now kind of going through the paperwork and I would like to be able to give you that if it's only a week time that would be perfectly fine for me so that I can catch up and and give you a a a much better idea uh of a map of what we've got put together and I respect I respect your position and what you're saying I just feel like for us as a commission to second guess the code board who's been intimately involved in this is just not a good policy place for us to be in so that's that's where I'm at Madam chair yes it appears that the the owners have retained Council obviously uh when things started getting serious uh we have to support code uh our motion we go forward as Miss Prada has mentioned and in the interim if the owners can come in compliance as she mentioned and we've seen these cases before resolve themselves prior to um the Court's hearing the case ask how close Stephen how close are we to compliance uh so I think it's important to know that there is uh kind of one cball issue with with compliance with this case related to the typesc permitting because that is certainly uh an aspect of this that isn't in their control um because there is there is a review process with the county staff in public works for typey permitting so once that permit is received and reviewed and approved then they can begin doing the changes to the site that they need to do to be in compliance with that part of the order so that that is the one aspect of this that is a little bit out of their control because my understanding is that we were supposed to receive that this week I believe we have but I have to check with staff because I haven't heard anything today um and I'm not the one reviewing that so I can't speak to how long that's going to take and then once once that plan is constructed um on the property so once the BM is constructed and once the the lake is excavated and everything is in compliance with that then there'll be a certification there might be a a followup as a buil survey that that depends on you know whether that's required of staff and so I I can't give you an accurate timeline with that one aspect everything else I think is going to be resolved fairly fairly soon to be honest with you but that's the one thing like I I wouldn't yeah I wouldn't I wouldn't stake the U the construction of the type C required improvements um yeah some of that is way out of our control so that's why I'm a little nervous about how long that might take so if I may part I can tell you that when there's other cases that we've had with a similar situation when there's something that is in our ball we in our court we're not going to be moving forward with the Foreclosure if there's something that's in our court essentially what I'm asking for is for authorization should you fail to move forward should it fail to be submitted should you fail to respond to the comments that are given back fail to follow through if you read the order from the evidentiary hearing and the way that it is written it is written in a specific way to make sure that someone doesn't just simply apply for a permit and then come into compliance because anybody can apply for a permit and then be deemed in compliance and then all of a sudden nothing happens it's written this way so that you're apply and complete and final out to make sure that it's actually taken care of so um I can tell you it's not I know it hasn't been staff's intent it certainly isn't my intent I can't speak for the board but I'm sure it wouldn't be their intent to move forward with something if people are working on on moving forward and have submitted something and it's in our office for review I can tell you that because that's not something that's not a practice that we do that's not a practice that we have I would concur with that and reiterate that that if it is something that is our responsibility to provide for you to seek compliance then that is something that we're not going to force the foreclosure on however like the injunction this is a tool that's there if the continued work towards compliance is not happening that's really all we're asking so honestly you know as I say it it stands there and we're our goal is for you to come into compliance our goal is always for a property to come into compliance for the property owner sake for the neighbor sake for the taxpayer sake for everybody's sake our goal is not to take people's property however when we don't have any other recourse to force compliance that's that's where we are so I think that this um is in line with that and I would just concur with what um attorney pra said so as long as that's uh the the the plan we're perfectly happy with that Susan do we know what the fines are up to at this point I am not sure but I am not a math person but at 250 a day from March 25th 151 days $ 37,7 as of today thank you this right this started back in August 2023 and Madam chairman I know you you you live in felir I live in South FOH Beach and I heard about this case too and um those numbers of the money didn't bring into ation bring it into compliance the the numbers of the violation didn't bring it into compliance I guess I'll agree with what commissioner lore said this this finally may have gotten their retention to to get it done we can't condone we can't condone this we can't continue to let this happen code enforcement is a big deal in the county and and we have a we have a we have an oath to to to carry out our code enforce enforcement laws and and ordinances and this clearly violated code enforcement laws and ordinances the fines have been complied I wish they would have taken care of it immediately when the fines were presented that's what the fines are for they're there to do that and give folks the chance um I have to agree with everything my colleagues have set up here and and um and and move forward with with staff recommend I correct something really quick and I I understand your point of view but as I mentioned before and I'm not sure I was very clear because we were already talking about the injunction a lot of what happened they thought they were trying to comply some of these things were presented to them and they say well look you know if there's stuff in the burm you know we will start uh processing it we'll get a permit we'll do that and they did it wrong but their intent was to keep going and to fix this they don't they don't want to pay extra they don't want to pay the fines it did get their attention they just thought they could handle it because they understood what the code people were saying so again it wasn't intentional that they were ignoring this at all I I know it sounds uh difficult to understand but it it really is true I I've read through this I've read through the exchanges with uh staff especially and I see only you know please tell us what to do we're trying to do this now this is this is what's happening now this will do it right and that went through the entire system so they weren't ignoring the county I I hope the county will at least understand that much this is not something I mean again they didn't even know foreclosure sadly enough was you know an issue on the 22nd which it was obviously on the agenda so you know as I say I I don't want to prolong this when when the County government starts finding me that would get by attention it did it did they that's when that's when they got permits that's when they started doing chipping they you know I mean I I can go through it all I appreciate what you're saying Miss lurin and I think um the commission's been pretty clear and and um I would just suggest that you keep moving forward to get it done um we can expedite their type two permit that would help yes we'll work with be staff to get that addressed sooner rather than later for you so we can all move forward super all right anybody else from the public on this particular issue seeing none there is a motion by commissioner lore with the second by commissioner flesher for um staff's recommendation all in favor opposed motion carries thank you so much thank you all right Susan which one do you want to go with next lond lond can just go right back in order if you don't mind the first one yes arola so this particular um case number 2023 0714 the areola case for a code enforcement action um this started back in July 2023 three with a complaint regarding weeds and excess of 12 inance Property Maintenance violation due to a dilapidated structure health and safety hazard due to a dilapidated structure and unsecured vacant structure once again these are all related to the dilapidated structure on the property this property happens to be located I believe in ver Lake States um there was an evidentiary hearing on October 23rd 2023 at which time this respondent was found to be in light violation of the code they were given time to come into compliance no continuances and on November 27th there was order issued in the amount of $100 per day fine to be imposed and that is recorded in the public records of the county to this day they have not come into compliance and the fine continues to run um I believe they had mowed the grass like wants but they have not address the dilapidated structure um and we haven't heard anything further from the property owners when's the last time you heard from the property I they didn't even show up at the hearing so we haven't heard anything from that we just saw the grasping mode once and the structure seems to just stay there in the same stance so it seems pretty cut and dry yes all right have a motion by commissioner lore I will be happy to Second it Commissioners any comments questions or the concerns anybody from the public seeing none all in favor opposed motion carries all right next one lond thank you um this case the 20211 000000 64 London case this case started in October 2021 regarding um building an expired building permit there was an evidentiary hearing held on February 20th 2022 um the respondent was found in violation the respondent was given a time frame to correct and two extensions in this particular case um then there was a hearing held on July 25th 2022 for compliance at which point in time they were deemed to be non compliant there was a $100 per day fine imposed um and this is recorded in the official records book page 3564 page 1097 um this was leading um from a shed that there was not a building permit and there was also some electrical work done um on this particular shed um there seemed to be an issue a tenant a landlord tenant kind of issue going on and they never seem to just get it together to be able to get the item fixed and to this point in time the fine is still running nor is it been complied with how all right I have a motion by commissioner lore with a second by commissioner irman any further discussion anybody from the public seeing none all in favor opposed motion carries last one is lond as well yes this is the second case on the same property 2022 sorry 2020 900001 um this one started back in 2020 it was the initial complaint regarding trailer storage violation of junk trash and debris violation as well as building permit violations and an unpermitted shed and partial wood fets um this evidential hearing came in April 26 2021 the respondent was found in violation they were given a time frame to correct as well as two extensions and they were determined to not bring the property into compliance and was issued a $100 per day fine um which is recorded in the public records at o book 3485 page 17711 this property was never brought into compliance um I can tell you the last time I looked at the Aerials on this particular property the junk chash and debris have seemed to have multiplied since this time frame um so it looks to just be progressively getting worse um so staff at this point in time is seeking to move forward with foreclosure on this property okay Commissioners all right we have a motion by commissioner lore with a second by commissioner irman any discussion anybody from the public seeing none all in favor opposed motion carries thank you Commissioners thank you all right Commissioners the next item is the County Attorney agreement for Miss Schuler [Music] so I think it is attached John is Susan Suzanne here she gonna handle it or I have a same motion to approve okay there we go we have a motion by commissioner flesher with a second by commissioner lore sorry she um any further discussion I'm so sorry any further discuss anybody from the public seeing none all in favor opposed motion carries excited to have have that finalized and Miss Schuler will be starting September 16th all right with that we'll move on to Solid Waste Disposal District first item is approval of the swiid meeting minutes of June 18th anybody have any additions or deletions to the minutes Mo to approve all right we have a motion by commissioner flesher with a second by myself all in favor opposed motion carries we will move on to the Florida specialty license plate on recycling which I believe we have some exting news about good morning commissioner Zan sha managing director of solid waste disposal District I'm here with sulac and Jill Brown and we're excited to uh share with you you uh this Florida recycle uh specialty plate that's going to be available um and um with that I'm going to turn over to Sue and tell you a little bit more about it this was designed locally here in County I was going to say are you going to tell the good news about the design but you just did that's fabulous uh yeah there's a there's a quick PowerPoint Jill you want to flip okay good morning Commissioners thank you for for hearing us today we be brief but we bring you good news so this is a good thing um we're very happy to present today on the uh Statewide Florida recycling license plate specialty plate that we're introducing here Statewide in the State of Florida um and I'm here joined by Eder who has been a great great help and Jennifer she's sitting over there uh and of course um our wonderful Carol genan Jordan uh our tax collector has also been a great support so just to give you a little bit of History real quick in 1988 the Florida legislator legislature introduced or enacted the solid waste management act or S swma and what that did is that mandate mandated the um oversee of landfill conservation because we were getting a little bit out of hand but also introduced recycling so that was the state the start of recycling here in the State of Florida um the swma also created a trust fund the solid waste management trust fund which provided funding very necessary crucial and needed funding uh for recycling grants recycling education programs and other such uh areas of importance here in the State of Florida but unfortunately several years ago this grant money was diverted to other agencies within the state which left these areas in in a sore State of Affairs needing some money some extra funding and so subsequently the recycle Florida Today foundation in company was established uh and this is a professional uh development in which educational grants and funding was is going to be made available to support these areas so in looking for ways to raise more money uh for these grants in 2022 the Recycled Florida Today Outreach committee which is Jill and I and a few others uh started the legislative process uh to Market a State Specialty license plate in which the portions portions of the sales will go to this foundation and luckily enough in 2024 our wonderful Governor DeSantis did sign the bill so our license plate has uh been moving forward so as the chair of the Outreach committee the plate was then presented to Carol Jean Jordan and our friend Eder who's been a great help who agreed to sponsor the 3,000 pre-sale vouchers that are needed for us to move on to the production phase of the license plate um I think it's important to note the amount of money that will be raised just by selling the 3,000 plates of the $32.50 which is the cost of the plate $25 of each of those sales will go to the foundation what's really crucial here is the monies that is raised from these foundations will go to programs like food insecurity food waste reduction composting and economic impact studies that are very important to industry uh currently as a foundation we are working to Market this um we have come up with some toolkits for to be used throughout all the counties within the State of Florida which is really important and we have this wonderful QR code which lets people get on right now and register and commit to uh purchasing one of these license plates and Eder could explain further but the plates will uh be available October 1st uh but you can commit and we will get all of your information to um to the uh Department of Motor Vehicles so um although there is no funding being requested at this time staff is recommending that we are allowed to display this Banner for the public to see this opportunity for all of our residents to be aware of what's going on in Indian River co uh County and this will also coincide with the current marketing and advertising that's being done uh in the other building the Department of Motor Vehicles fantastic so yes and this is a vanity plate if anybody wants to put one on the front of their car well congratulations and um exciting that you guys were involved in the design and it was chosen that's quite an honor and um you know hopefully it raises a lot of money for you guys that'll be fantastic thank you commission a motion to approve oh yeah I guess we need a motion to approve the the putting out of the banner I don't even think you should have to Carter will be there version of Carter this okay and Carter the new Carter fantastic fantastic a motion by commissioner flesher second by commissioner Moss any further discussion great job yes good job to everybody all in favor opposed motion carries thank you guys so much very proud of y'all all right the last item on our agenda for today is approval of amendment number two to work order number one to geoc syntech for Phase 2 segment 3 cell three Engineering Services M chair move approval I have a motion uh by commissioner Erman with a second by commissioner fleser any discussion all in favor opposed motion carries and with that Commissioners We Stand adjourned