##VIDEO ID:yk7dX4jHcWg## e e e e e e e e good morning the Tuesday December 17 2024 regular County Commission meeting will now be called to order we'll begin with a moment of Silent reflection for the First Responders and members of the Armed Forces followed by an invocation by the Reverend Dr Joseph LaGuardia and commissioner Susan Adams will be leading Us in the pledge please rise good morning everyone Merry Christmas and happy Hanukkah it's good to see you all the beautiful rainbow outside of our be our building reminds us that the heavens declare God's glory and uh just a reminder of this beautiful city in which we live we thank you for your service and for all those who uh make our County a better place and a great place to live let's pray Lord we thank you for this Day first foremost we thank you for our First Responders our military who guarantee our freedoms and those who protect us so that we can meet like this in a free democracy in which we can discuss and dialogue and even disagree without fear of reprisals Lord we ask that you bolster this meeting with your guidance and that you provide wisdom that uh as a as we have this city and this County uh something special that of Vera Beach Lord and Beyond may this board Lord seek your will and guidance and really bringing about the quality of life uh that you already assure us and nature and in this time and place bless us for these high holy days to which so many Faith communities are entering this season and may we have safe travels and a wonderful December in Jesus name we pray amen amen thank you please join me in the pledge of aled Al to the flag of the United States of America and to stands na indivisible andice thank you all next item I know you've all uh read the agenda in in an item so are there any additions to Le to the agenda emergency items just uh just one sorry just a very short uh presentation anything else accepting a motion to approve we have a motion commission am second by Vice chairman lore any further discussion all in favor I opposed motion carries unanimously we're going to move on to an additional presentation thank you uh Mr chair um commissioner Adams uh did a thing in Tallahasse a very special thing it was a huge accomplishment and that is that she ran for second vice president of Florida Association of counties and for those who do not know the history of that the organization is actually almost 100 years old it began in 1929 as the State Association of County Commissioners and the function of the organization is to uh cooperate and collaborate with the state legislature in terms of implementation or suggestions and implementations of policies so it's a very important position and it was very exciting uh to be there this was the first week of December and I think um Kim has some photos um okay well those we can continue those are just some of the people involved this it was very exciting it was a four-way race um which if you've ever been in politics if you r run for office or help someone who's run for office a four-way race is it's pretty darn exciting so what happened was and by the way only elected County Commissioners can vote and you must be in the room so the excitement builds incred incredibly I have to say I've run for office many times I've never been uh the cherleader and I do mean cherleader it was it was incredible um but this is in the runoff okay it was a tie it was a tie I couldn't believe it it was a tie that's uh commissioner Ken Cornell from alacha County and our very own commissioner Susan Adams so and by the way we all voted again in the tiebreaker and commissioner Adams one one she won oh and these I should say all all of all of these photos are are professionally taken by the photographer who was there at the time we just we just chose yeah and I want to thank the commissioner assistance for helping me we we can go on thank you photos oh yes that and and uh commissioner Kathy Townson was also uh present and and helping cheer cheer look at that and then you take you take an oath um as second vice president and commissioner man you know also uh was present so there there we are the three of us uh at the conclusion of the uh the win congratulating the winning party but I I want to thank you also um and you can see on the left hand side there there's our County logo and staff uh support was very nice on the right is uh commissioner Marino from Palm Beach County she was one of the four people running but she didn't she didn't even make it to the tiebreaker I'm sorry it's the just the way it worked out she's very nice we can continue and thank you thank you commissioner Maro um that this was the uh the table it was was very well organized the Citrus um you know beautifully done and thank you to everyone who contributed to that and last but least I didn't know who this was do you know who this is yeah that's commissioner um acius Ramon glacius he was practicing his juggling skills oh that's great well thank thank you very much Kim and I just this is very brief uh certificate of recognition congratulations to commissioner Susan Adams on her election as second vice president of Florida Association of counties on December 6 2024 the board of County Commissioners and County staff are proud to have her represent the best interests of in River County and all Floridians on this Statewide board presented the 17th day of December 2024 Board of County Commissioners in River County Florida God bless thank you thank you so much congratulations thank you thank you guys and I just want to think staff from community services that was there they are definitely the best cheerleaders and I think there's a couple of counties that might be thinking of running for second VP next year that are in uh in talks to maybe contract them away for their campaigns they did a great job so and thank you to my fellow Commissioners for your support um your support there your support here and your consed support over the next couple years as um you allow me to to perform my duties so I really couldn't do it without you guys it was really exciting and I appreciate everybody's help on this it's a team effort thank you congratulations thank you now we have somebody up nor yes now you have somebody up nowh yes wonderful did you want to Mr chairman just a housekeeping matter if we needed to did we need a vote on the addition to of the ship report it's be consent 9 Q it's under additions I didn't know if procedur we needed to vote the addition in or I think we did that we're good yeah okay just want to make sure 9 Q is part of the record the ship report thank you thank you sir all right we'll move on to uh approval of minutes so we have many we're going to do them individually we're going to uh individually individually uh so the uh approval for the pre preliminary bu budget hearing on September 11 20124 so moved and we have a motion and a second any further discussion all in favor I opposed motion carries unanimously next item is the final B budget hearing meeting on September 18th 2024 removed so moved and second any further discussion all in favor I oppose motion carries unanimously moving on to the regular meeting of September 24th 2024 so move second we have a motion in a second all in favor I opposed motion carries unanimously we have uh the meeting minutes for the regular meeting for October 8th 2024 moved second we have a motion and a second any further discussion all in favor I opposed motion carries unanimously we have the regular meeting of October 22nd 2024 so moved we have a motion and a second any further discussion all in favor opposed motion carries unanimously and we have the special call meeting of October 30th 2024 we have a motion in a second any further discussion all in favor I opposed motion carries unanimously we're moving on to informational items the only informational item we have is um the 2025 committee assignments and I ask you all to serve the greater good of the public well in your appointed positions thank you any further discussion moving on to uh public comment this is the time in which we'll have public comment for any agenda related uh matters except for public hearings or quasi judicial matters is anybody would like to speak in part to any specific agenda item you'll have an opportunity again during that that item but we give you the opportunity in case you have other things to do we'll then move on to the consent agenda uh consent agenda anyone um I'd like i' like to pull 9k please 9k kilo yeah yes thank you and I'd like to pull nine M Michael anything further move to approve as amended second that's a motion and a second any further discussion all in favor opposed motion carries unanimously thank you we'll move on to item K kilo thank you Mr chair um for the for the community uh item 9k is acceptance of sponsorship from Cleveland Clinic for centennial celebration and was a um or is a $10,000 contribution um I do not support this uh basically for two reasons uh one is I think there's already some confusion um with regard to County Commission and the hospitals um in the county I get complaints uh because people think that we we run it or we are we somehow it's under our jurisdiction which it's not just to clarify there is an body Hospital District uh that serves uh in terms of uh any kind of control or influence over the hospitals so in terms of not furthering um that confusion which is definitely out there and also I I think Cleveland Clinic uh my understanding from what I've read in the media and also from uh comments from different people out in the community and uh and also complaints that I've received and then forwarded to Hospital District is going through a a i I'll just characterize it as a difficult time I don't know all the details but it's going through a difficult time and um from my perspective I would hope that the $10,000 uh might be used by them to improve patient care so I I'm not in support of this and thank you Mr chair thank you well we've uh received a a a bit of money to support the Centennial um personally I I I don't agree with the concept that the public is misled that we operate the hospitals we happen to have a a a Hospital District Individual in the room and I think that everyone counselor you're good um I I think that if if anybody knows anything about this community they know that we have a Hospital District it's on the ballot it's uh well discussed it's discussed at the taxpayers association it's discussed publicly and it's covered well by the media so I don't think there's any confusion that there is a Hospital District and it is not a County Commission directed hospital we also have a we have a private hospital and we have a public Hospital hospital but the word public does not in ensure that it is operated under the guise of the IND Indie River County Board of County Commissioners so I respectfully disagree with that uh I'm very pleased and honored that we do have the opportunity that the hospital will step up to the plate and be participating in the Centennial the hospital was uh discussed uh and it was also named very differently many many years ago it uh is one of the taller buildings IT services our community and I think they're going in the right path and I embrace that they want to be part of the Centennial Celebration but with that we would need a motion to a approve or disapprove that agenda item in the consent agenda motion approved we have a motion in a second any further discussion sir staff please most certainly I can't speak directly for Cleveland Clinic um but what I can say is the reason that Cleveland Clinic came to this area was in the 1940s there was a plane crash and one of the gentlemen woman that actually owned Cleveland Clinic was on that plane crash and was so grateful for the the people in felsmere who saved him and his wife and so when years later came they decided to build the hospital here so they have a very long um respectful understanding of Indian River County since the 1940s I just wanted to point that out I want to thank you for uh looking at the history of those who want to be involved as well it's very important and it's a commitment to where we've been and where we're going especially on the 100th anniversary thank you and thank you for your hard work thank you so we have a motion in a second all in favor opposed opposed thank thank you uh we'll move on to item 9 M Mike and that's the agreement for the traffic signal synchronization for the cohabitation of the Florida uh East Coast Railway LLC and bright line Florida LLC for the 41st 45th and 49th railroad Highway grade Crossings uh as you all recall that this was U part of our agreement settlement and uh it is long overdue uh they are a uh those intersections are extremely challenging and I believe that the citizens have been partially imperiled uh by the delay it was supposed to be done uh last year uh by Christmas time and ironically uh it's going to be done this year for Christmas time so they would just roll on the the annual number but uh the target was for the holidays uh I think it's very important and I'd like to ask the uh County Administrator just to wrap it up on it yes Mr chair members of the board uh it is my understanding that it's possible that they may be completed this week I know last night when I drove through all three intersections uh two of them are still flashing one's not but it's my understanding that they will they are endeavoring to be completed this week and it has presented a lot of confusion and we've had a quite a few near misses and we've had some misses and we've had some hits and it's uh very unfortunate that we had to go through the uous process but I'm very pleased that it's getting done for the citizens with that uh Mo approval second we need a motion and a second any further discussion all in favor I oppos motion carries unanimously now move on to the uh constitutional offices governmental agencies in River County Sheriff's Office forfeits a trust fund and the sheriff has attached some documents for us to review on the forfeiture trust fund good morning Sheriff good morning and Merry Christmas how are you guys today Merry CH for making time for me today our request is to spend uh a total of 13 $172 on like kind uh additional equipment for law enforcement and Corrections life- saving supplies as an additional $1,000 that will go to charity organizations uh around the community approve second we have a motion and a second any further discussion all in favor I opposed motion carries unanimously thanks guys have a great day Merry Christmas but on see you service well Sheriff thank you with that we'll move on to public hearings the first public hearing is a is legislative in nature and we have the biosolids moratorium extension ordinance it's legislative in nature and all attachments are there counselor good morning good morning chairman and as you summed this up last week or two weeks ago perfectly this is the annual resolution to continue disallowing biosolids class b biosolids to be placed on land anywhere in the county under State Statute we have to we can continue our existing ordinance as when the state statute took over and that's why we do it every year it was a yearly ordinance to start with and so every year we have to do it again unless the commission decides they want to allow class b biosolid to be spread on agricultural land so we're here today for the public hearing and to endorse this new ordinance so we can come back and keep it clean as it is and come back next year Well we look forward to this day as we look forward to the holidays that we're going to address by our solid thank you good timing anything for counselor with that we'll open up the public hearing there are two microphones counselor occupying one but there is an additional having given ample opportunity for anyone to come forward we'll close the public hearing move approve we have a motion in a second Vice chairman La thank you myself any further discussion all in favor I opposed motion carries unanimously thank you great work dirty but somebody's got got to do it the next item is a public hearing scheduled scheduled for December 17th to consider the notice of intent to use the uniform method of collecting non advalorium assessments Council yes Commissioners um Indian River County levies a number of special assessments and um it also uses utilizes the statutory method to Levy and collect them which is called the uniform method of collecting non-ad assessments most local governments use this method in order to use this method the county is required uh before the end of the year to notify the public of its intent and to uh advertise for four consecutive weeks which we have done and to conduct a public hearing and adopt a resolution uh indicating this intent and stating the need for the levy um I also want to point out that you're adopting two resolutions today um one is for yourself acting as the board of County Commissioners and one is for uh you acting as a solid waste disposal district for any uh special assessments that the uh Solid Waste Disposal District May Levy next year so um my recommendation is that the board conduct a public hearing hearing on these res resolutions uh take comment from interested persons and approve the two attached resolutions regarding the intent to use the uniform method of Levy and collection of special assessments are there any questions and once again counselor as we are required to deal with the B biosolids on an annual basis we need to commit to the public on our uniform application that's right so we'll will be taking two resolutions so we'll be taking two votes right that would be great thank you we're impressed what did you caught that been here a couple of weeks 18 years God bless know it was going to be that long thank you councelor any questions for counselor we'll Now open up the public hearing if anyone wishes to speak regarding the resolution regarding either resolution will give you the opportunity to speak now to okay as full faith in your government we'll now close the public hearing having given ample opportunity to speak on either resolution approval on [Music] let's do them separately so we have separate because one is in a County Commission and the other is in the waste disposable District which is a separate entity and we we we change hats or during that session so we'll take a motion on the first on the first for and so we have a motion by uh Vice chairman law seconded by uh commissioner Erman any further discussion all in favor I opposed first resolution passed second resolution is in the waste disposable District move to approve second we have a motion by commissioner Moss seconded by myself any further discussion all in favor I I opposed motion carries unanimously so both resolutions are done and we will be working uniformly next item is the Orlando Health Hospital revenue bonds hearing we are required to have this hearing for both the County Commission and for the hospital District Commissioners uh Orlando Health Facilities Authority uh which is an OP for-profit corp Corporation has purchased the Sebastian River hospital and they've requested that the county scheduled this public hearing for them and to approve a plan uh a resolution on their plan to issue Hospital revenue bonds um the county I'd like to point out is not financially liable for any of the payments on any of the debt and that's made very clear in the resolution uh Orlando Health in order to issue these fonds is obligated by the Internal Revenue Service to um post a notice of its intent have a public hearing and obtain the approval of of the board of County Commissioners as the applicable elected representative of Indian River County um Orlando Health proposes to issue these Hospital revenue bonds in an amount not to exceed 200 million to refinance the purchase of acquiring Sebastian River hospital and to pay for improvements and Equipment associated with the hospital so I know um and I do want to point out that a notice of this public hearing was posted on the County's primary website starting on December 4th also there is a representative from Orlando Health here Mr Cortez wattley to speak to this item and to answer any questions that the board may have so my recommendation is that you uh open the public hearing um invite Mr wattley to speak and take comments from interested persons and consider approving the resolution for Orlando Health's issues of these Hospital resid revenue bonds okay well good morning and we're going to open up your public hearing good morning chair uh Commissioners County Administrator and um County attorney I just want one that was summed up perfectly so I don't really have much other comment other than say um just a quick introduction Cortez Watley local government Affairs manager for Orlando Health and we are excited to be here um and working within the county and this is just one of uh many First Steps in regards to our recent acquisition um of what is now Orlando Health um Sebastian River hospital so uh with that um a couple other just minor points I think uh County attorney mentioned that no um there's no Financial impact that also does not go against any of the credit for the county as well um and again there's no liabilities so it's essentially conduit financing that allows us to have the Orange County uh Health Facilities to issue out these bonds and for us to take advantage of uh tax exempt bonds so um with that that's all I have unless there are any other questions and just know that um my office and it's open for any questions here but also in the future uh if you guys have anything regarding Orlando health questions and you want to get in touch with us I will be your your point of contact and um would love to have those open lines of communications if there's ever any issues or or questions in the future thank you thank you is there anyone wishes to speak in part to this application by group today this your opportunity oh I see another member of the hospital board here exist okay we've just closed that public hearing approval we have a motion by Vice chairman law seconded by commissioner Adams any further discussion all in favor I opposed motion carries unanimously thank you so much sign a great work with that uh we'll move on to the item 11 A4 which is nonquit additional and that will be the Randol construction groups Inc requests for conceptual plans development PD plan plan for PD rezoning approval for a residential development to be known as Hunters Grove PD good morning sir morning go Brandon good how are you all right everybody can see the screen all right good morning chair and members of the board before you today's The Grove plan development this is for the PD rezoning and conceptual PD plan plat so the process for a PD rezoning is a two-fold process first there is a PD resoning a conceptual PD plan that goes to the board of or that goes to the yes Mr chair I think you expert Witnesses this is not excuse me you don't have that on the list you have item 11 A5 you have item 11 A6 and 11 A7 in the document that you prepared I'll be happy to do that as required okay yes I believe when it said resoning but I yeah it wasn't called out on the we'll go through it it's we'll go through with that and we prepared to swear we need it noted on on the agenda when it when it is and it what is not uh clarified thank you apologies to the public with that this item on the agenda is for consideration for a request to amend the zoning ordinance and zoning map for approximately 2228 Acres from CG General commercial the district to OCR office commercial residential district the same one that's it's I well I have just read what the attorney has given me we're going to take a brief recess e e e e e e e e e e the appropriate information yes thank you anybody else no the next item is the Randolf Construction Group Incorporated requests for conceptual plan development PD plan and PD rezoning approval for a residential development to be known as Hunters Grove PD pd- 23- 07-03 sub 24587 - 94636 this is a quasit Judicial hearing hearing the applicants are the Randol Construction Group and there is a checklist and at this time I need to ask all the C County Commissioners to disclose any expart Communications site visits or independent investigations and we'll start at the left um yes Mr chair um I have the uh Hunter Grove PD uh Transportation impact analysis having to do with traffic that was last revised November 2023 and that was uh produced by kimley horn and thank you to staff for providing it uh nothing else to declare which you reviewed yes and will be submitted to the clerk as record sure well they have it but yes thank you none none that I'm aware of none that I'm aware of okay I need to also confirm that all Commissioners and can operate in open mind and are available to base their decision on the evidence presented with applicable law start with the right Canon will Canon will Canon will Canon will Canon will with that I will open up the public hearing as I open up the public hearing if there is anybody that wishes to speak in behalf please stand and be sworn in by the clerk who will swear you in do you swear or affirm to tell the truth the whole truth and nothing but the truth I do we now proceed with a presentation by County staff so I'll just go ahead and start over again since we're kind of starting fresh so good morning members of the commission before you today is 100 Grove plan development PD rezoning conceptual PD plan and plat so the PD rezoning process is a two-fold process it involves a PD rezoning and conceptual PD plan that receives a recommendation by the plan and Zoning commission it then goes on to this body for an approval or alternate recommendation there's also the preliminary PD plan plat for this project that also ran congruently that did go to the plan and Zoning commission and did receive approval for that portion of the process once we exit process then we get into the Land Development permit phase and then finally the final PD or plan plat is brought up to this body the property is located north of 41st Street and East of 43rd Avenue the subject site is currently zoned RS6 and they're seeking a PD rezoning on screen is an aerial of the site just kind of give you an idea of how the building and infrastructure will be overlaid with existing conditions on site as you can see the majority of the site is mostly vacant um with some small structures on the site so the summary of the development it is approximately 17.8 Acres it is going to be a 161 unit multifam complex the overall density is 9.04 units to the acre the future land use allows up to 10 units to the acre so it is going to be under our allowable density and they're only only seeking one PD waiver which is in regards to storm Water Maintenance so as I said here's the conceptual PD plan it provides for 161 units um they're going to be laid out mostly in the interior of the site with a few uh buildings on the perimeter of the site there's also going to be a clubhouse with a pool uh located on the Southeastern portion of the web or of the uh site as well so as mentioned the one PD waiver is just for the request for the requirement of storm water maintenance uh this was reviewed and approved by public works so this waiver is acceptable to staff traffic circulation plan uh calls for your standard ring road that goes around the site you're going to have one full access driveway connect connection to 41st Street and because this property is over 100 units it does require one emergency access driveway for um fire and um ambulances so that will be located along 43rd Avenue storm water Pond is uh very simple there's just one uh storm water pond within the interior of the site landscape buffers uh you're going to have your 20ft thoroughfare plan Road buffer along 43rd Avenue and a portion of 41st Street there is also required to be a 30ft type B buffer on the southwestern portion of the site the reason why this buffer is a little bit more than the buffer on the opposite side of 41st Street is because it AB buts uh commercial zoning so because ABS commercial zoning this is a residential project it requires a little bit larger buffer and then there are um buffers for 15t type c on both the North and East portions of the property these go above and beyond what code would allow or what code does require um so the applicant is providing us a little bit more here the required improvements are the internal sidewalk and pedestrian system Street lightings and uh Green Space and Recreation areas the public benefits so because this is a PD rezoning it does require public benefits so the project is going to provide a dedication of 20 ft of rideway along the north side of 41st Street there's also going to be a dedication of 15 ft of rideway along the east side of 43rd Avenue the applicant will also be providing a bus stop with shelter on the north side of 41st Street the location will be determined via the um Land Development permit stage the applicant will also be providing a a sidewalk extension along the north side of 41st Street that will extend the sidewalk Network approximately 1,525 linear feet and it should end somewhere around the intersection of 32nd Avenue and 41st Street so we're going to continue to get some crucial sidewalk along 41st Street and then finally The increased 15ot type sea landscape buffer along the north and east property lines would also be considered a public benefit at its meeting on November 14th 2024 the plan and Zoning commission voted 6 to zero to recommend that the BCC Grant PD rezoning and conceptual PD plan plat use approval with the conditions recommended by staff the board also added one additional condens condition which involves a fence going around the storm water Pond also at that same meeting the PCC also concurrently approved the preliminary PD plan plat for this project as well as both of those um processes rank concurrently with one another staff recommends that the BCC Grant PD rezoning and conceptual PD plan approval for the hunters Grove PD with the conditions listed in the staff report these conditions generally refer to the dedication of rideway obtaining Metropolitan plan organization approval for the final bus stop in shelter location obtain staff approval for the final sidewalk location and design along 41st Street which will also happen with the ldp stage final Landscaping Street lighting and tree protection mitigation plans the construction of all on-site and offsite improvements and finally the pzc and poose condition of installing off fence around the retention Pond I'm available for any questions you may have thank you brand is there any questions for staff I have please yeah thank you Mr chair um could you explain what the difference is between a full access driveway and the emergency access driveway in the in this plan so the full access driveway will allow for full left and right movement in and out of the site and then the emergency access is only to be used for emergency vehicles so it's typically unimproved surface there's usually a gate with a knockbox so that the uh fire department uh can utilize it if they have to and I guess do you do you think that this is sufficient for this level of traffic um the reason being the number of units here is 161 and from the traffic impact analysis that will generate 1,159 daily trips and I'm thinking of um other places where we've run into this for example uh sovia which has 85 residences and just a single uh driveway in and out because you know these are major routes as that is a uh as that sovi is located on 58th Avenue for those who are not familiar with uh with that so I'm I'm just concerned that perhaps it should be two um full access driveways could would you comment on that please yes ma'am so historically um all of these projects are are looked at via public works and traffic and Public Works in the past and in this project has taken the stance that we want to try they want to try to allow as few amount of driveway Cuts as possible to you know not have so many access access points onto local roads um so typically most projects get one access unless it's a really major project that would warrant additional accesses um the traffic report was done and reviewed by traffic engineering and uh another full um Lane was not warranted for um this access so and the emergency access is only required because it's over 100 units so if it was under 100 units they wouldn't even have to do emergency access I see so over how many units would would a would two full access driveways be required uh that I I'm not sure okay all right well thank you thank you question yes why did the Planning and Zoning put the additional requirement on there of fencing the storm waterer Pond uh it was just a safety concern by one of the Commissioners it's it's not actually required buer code um so during the review process um engineering and and planning didn't think it was warranted um however one of the plan and Zoning members was just concerned so they wanted to have a fence around the storm water Pond and it was unanimously approved does that does that impact the maintenance waiver or anything like that I do not believe their ability to Mr chair if I could for the record Ryan SW assistant planning and dewel services director there'll still still be gates to access that maintenance area but yeah we believe it was a a safety concern in light of the recent drowning of the young kid in the canal nearby okay yeah no I just I know in the past we had kind of gotten away from that because um it just was visually not as appealing and you use some of those facilities as kind of ameni if you will of course that brings up other issues but nonetheless I was just curious because I knew it wasn't necessarily a requirement and wondered what they were thinking and how that conversation went yeah you'll be Erin you'll be able to you'll be able to try in one staff yeah you can leave that in later on I think that's still Orlando Health person that took off and somebody has left the phone so can we remove the phone yeah thanks from the hearing thank you thank you any further questions questions of staff from the Das anyone uh does the applican have any questions of Staff uh good morning uh chairman and Commissioners um Aaron Stanton for the record engineer a record for the project with mbv engineering 1835 20th Street um that was actually uh the last uh the last condition which was the fence around the stor water Pond was one of the conditions that was imposed by pnz um in talking with we said we'd go back and and talk with the owner about that and um he did not really want that condition as part of it the reason being it didn't really fit with the aesthetic um it's not required by code if you meet the uh the grades which we do or will exceed uh on this development and I think it was more of a jerk reaction on the part of the commissioner about the death um which was very tragic but if you look around the county there's plenty of bodies of water in many develop most developments here in this County that do not have fences around it and he would respectfully request when this approval goes before you guys that it not be included as a as a uh condition of approval um that's all I can answer any other questions you might have about the project or about that particular condition at this time I was about to ask if you had any further presentation at this point that that was it um just about that one condition I think staff did a really great job they always do we work with them closely and they always put together a very good and thorough presentation so we have nothing else to add unless you have questions we earlier discussed the second access being emergency is that Yelp activ ated or is that nox key activated the access it I'm sorry what are the two options uh the the option is a like a nox key oh a nox yes nox or it it which would be for fire service yes or is it Yelp activated so that law enforcement and fire can address the same and as well as emergency medical management well right now at could be it's uh listed as a nox access but if staff or Commissioners would want it to be a full access for th those Police Services we could definitely include that as well I I believe that would be more appropriate so that we can have full emergency response and uh all three entities could have access to ensure the public safety uh in a more enhanced manner we would be more than willing to do that yeah I agree okay anything further uh we had presentation by the applicant any questions of the applicant any further questions uh by Commissioners or County staff if not this time I'm going to call for the input from the public if any two microphones and your opportunity once again any questions by Commissioners County staff or applicant seeing none we're looking at the final presentation and argument if any by County staff Randy do you have anything further no sir thank you to the applicant want to ask that all documents and tangible evidence uh if any be admitted into evidence and are in the hands of the clerk so long as there are no objections and that would include your disclosure earlier commissioner Moss with that I'll close the public hearing thank you I I would how does everybody feel about the storm water fence I mean I thought we got away from them because they [Music] were they caused visual blight but also it was harder to maintain so then you'd end up with with like a cattail filled Pond and the way this is laid out it's right in the the middle it's not like off to the side so I understand what they were trying to get at but I don't think that yeah I don't I don't disagree with what you're saying U but I think that this was uh to show respect uh to the gford community U the the child drowned um this a 2-year-old child drowned was fairly recently was with in the last couple of months and I attended the uh the funeral and there were hundreds of people um at the funeral uh so it was a very um very serious loss to the community so this Pro that the child drowned um in a in in this kind of uh situation so I I believe the fence uh is in response to that and I I I support it um showing respect to the community toir thank you I don't want to sound disrespectful because I I'm acutely familiar with that situation as well but um I I don't know if that's the best way to make zoning decision or to make decisions for for planning um and it's unclear to me if this was this seems like it came from one Planning and Zoning Comm Commissioner versus the community that had concerns and I do believe that the community had some input on this project um and that was not an issue that was raised by them is that an accurate statement yes ma'am that is accurate okay so I I feel like to [Music] to go away from what our normal policy is in a situation where it is more um responsive than than proactive um plus I don't think that that event happened in this area of the county anyway but that's just me so I would be happy to move approval without that condition we have a motion and a second we have a motion by commissioner Adams and second by Vice chairman law uh I I do want to comment on on uh I I know the the F the family that has taken on that the unconscionable experience or loss for just short of 30 years if we're talking about an emotional quotient I haven't I've worked with many individuals in that family um I don't think it's time to trigger something that may or may not have prevented the unconscionable act it's unfortunate to happened and I appreciate you saying you didn't want to sound disrespectful but we have to sort out the greater good of the county and the operations and application of moving forward yes it's fair to take it into consideration but to make it a requirement that means any and all future endeavors this will be made a requirement and it does not fit all applications so with that we have a Motion in a second Mr chair yes uh you'd requested the Yelp system you may want to put that as versus the the applicant agreed versus the I think it Best Suits the the community and the applicant said that they would conform to that is that correct would you like to state that Mr chair this way that all the audible yes I believe that would be uh agreeable to the applicant staff so I would agree with uh Mr tanich I think we it would probably be prudent just to put it as a condition um because anything that's said either by you know me or the applicant or you if it's not within a condition it's techn we can't enforce it so Mr chair if you'd like for me to amend my motion to include a new condition of the Yelp system being utilized I'd be happy to see that thank you so the motion is amended and seconded or you go yep any further discussion I just had a question um did the motion include the fence or or not the motion in does not include the fence the motion is to approve it without the fence condition but to add the Yelp usage condition thank you thank you any further discussion all in favor I opposed opposed n motion carries 4 to one with commissioner mo des senting thank you Commissioners thank you thank you all we'll now move on to our regularly scheduled agenda which is item 11 A5 which is the consideration of an ordinance of in River County Florida amending the zoning ordinance and accompanying the zoning map for approximately 2 2.28 Acres from CG General commercial District to OCR which is office commercial and residential district 2023 061 45- 97024 this is quasit additional in nature so we will again uh the following this item on the agenda is for consideration of a request to amend the zoning ordinance and zoning map for approximately 2228 Acres from CG to General commercial District to OCR office of commercial residential district this is a quad judicial proceeding the applicants are cjb Holdings limited partnership and Donald C Proctor Senor I need to ask if Commissioners can disclose any expart communication site visits or independent investigations we'll start with the left none to declare um yes the applicant like a year ago I think came and spoke with most of the Commissioners so I don't have the date but they did come and meet so I and I am aware because of my traverses along us one where the property is located but said meeting is not going to influence my decision today thank you commissioner Adams um and about a year ago there was a request for contact and uh I uh did not meet with the applicant I did not meet with anyone regarding this project as staff did their job and advised that this would be a quasi judicial hearing so I did not meet with anyone discuss it with anyone however I pass the site at least twice a day so I know where it is thank you chair I have not visited the site I have not done an investigation but as Mr Adams mentioned uh I did meet I don't know when uh and what the discussions were uh appear to be a little different than what was provided to us thank you Mr chairman same with uh myself we had a meeting with the uh applicate members but it was never a questioned as to how we would vote what we do was an overview of the proc property and what they would like to do but it will not influence in any way what proper boards today thank you with that I'll start with you on the right and confirm that the Commissioners can have an open mind and are able to base their decision on the evidence presented and applicable law Canon will Canon will chair Canon will Canon will Canon will thank you we now open up the public hearing we'll ask if anyone intends to be speaking on behalf of this item that they rise and be sworn in by our clerk Madam clerk do you swear or affirm to tell the truth the whole truth and nothing but the truth we'll now have a presentation by County staff good morning good morning as you stated we have a request today in front of you from CG to OCR the property the subject property is 22.2 Acres of undeveloped land located in the northern area of the county on the west side of US Highway 1 about at a little more than a half a mile north of 510 the purpose of this request is to reone the property to OCR office commercial and residential which permits pres professional offices health clinics and multiple family dwellings the property is southwest of the city of Sebastian's jurisdiction and north and west of the baso school with the proximately 580 ft of US Highway One Frontage currently Zone General commercial the properties within a large undeveloped commercial node extending from east to west between US Highway wind Corridor and the FEC railroad RightWay I'm going to go ahead and flip to the next slide here it gives you a little more interpretation here from north to south the commercial node is underutilized as commercial with interspersed non-conforming commercial and residential structures and uses giving the area potential for redevelopment he see there in the star I've labeled the subject property which is the 22.2 acres and the surrounding uses a lot of the uses on the west side of US Highway One are large lot non-conforming single family homes and even there to the south of aaso school you see the continued non-conforming residential areas it's very important for us to look at this locational criteria for this property in particular for this zoning I'm going to draw your attention to this policy for locational criteria policy 1.43 and we're going to revisit it again the review criteria in particular is laid out in your conference of plan for OCR the review criteria here is laid out as one adjacent to existing office uses as you can see by the uses labeled on this map there are no existing office uses on the west side of highway us one on the east side of high West us one there are General retail commercial uses that are established so therefore this really meets this fails to meet this Criterion the second review criteria for locational criteria for OCR zoning is is it a buffer between residential zoning and arterior Roads or other commercial zoning districts it does not it fails to miss this Criterion as well these properties are located in an established commercial node with no abing residential zoning districts it says zoning districts it doesn't say uses and the third Criterion is is it at node perimeters it is not the properties on the west side of us one are in in a established commercial industrial node and not located at the perimeter so it fails toit this Criterion it fails to meet the locational criteria for osar zoning of this policy 1.4 rate further descriptions as we zoom in a little bit more on the east side of US1 where there is some existing orc zoning OCR zoning sorry different location criteria is n for policy 1.43 existing OCR East is Transitional existing ocar is located at a perimeter node as it ABS L2 future land use to the east the property at the time that was zoned ocar was occupied not undeveloped by existing commercial uses including legal non-conforming automobile repair shop now let's swp to the West Side description and conditions of requested o arizoni and the west side of eos1 West Side different locational does not meet the policy 1.43 as I just went into the details it's not transitional it's not located at a perimeter node it does not look it's not about any other future land use the majority of surrounding uses are large lot single family residential homes mobile home Campground type neighborhoods with the wabaso school the new Orchid Reserve de that's on the east side of usan and is well and is away well away from railroad tracks so again here's a zoning map you can see the difference there where the CG commercial the CL is all up been down between the railroad tracks and US1 with the residential and the lighter commercial on the east side of highway US1 here's a future lose map clearly showing subject property is within a large commercial industrial future land use node it is not located at a perimeter CG General commercial district is the existing zoning of both the properties is undeveloped this property is intended to provide for areas for General development of retail sales selected service activities the CG General zoning not intend to provide for heavy commercial activities such as outside commercial service uses or heavy repair no outside storage is allowed self storage and CG is limited to No More Than 3 acres the performance standards of both CG and OCR similar but different this is really regarding the commercial but you can see there that there is a density allowance LCR actually requires more open space the proposed zoning OCR is intended to provide for areas to the development of restricted office commercial and residential activities in a manner that would be compatible with surrounding neighborhoods and in a provide for land use controls to ensure a separation of potentially incompatible activities such as intense commercial from established residential areas intended to be located at perimeter of large commercial nodes to provide transition between commercial areas and residential areas again I said that this was part of a property is located in a large commercial industrial future land use node and it's in an area that's already been designated suitable for levels of service and infrastructure of urban scale development again located along a transport major transportation route separated from residential areas and there is no future land use Amendment change proposed as part of this request we do have to analyze everything pursuant to chapter 92.1 to subsection 3 and the review criteria um policy 1.43 is wrapped up into this criteria but as we move through this a is it in conflict with any applicable portion of L regulations we do not believe that it is however a mix of uses may not be compatible with surrounding land uses since most of the surrounding land uses uses are designated for a commercial consistent with all the elements of the compersive plan this is where it fails to meet that policy 1.43 that I pointed out at the beginning it's not adjacent to other office uses as required it would that service a buffer between residential and Commercial uses and it is not at a node perimeter C is the consistent with existing proposed uses proposed OCR zon is consistent no future Lage amendment is part of this request is in compliance with the adopted County thorough plan it is has Frontage on US Highway 1 would it generate traffic that would decrease levels of service all roadway segments would operate within acceptable levels of service F subject to change with conditions exist in warrant and Amendment we do not believe that subject to properties are situated in an area that has had any conditions that have significantly changed it is currently zoned CG it is undeveloped the area is ripe for redevelopment as it is currently zoned item G would it decrease levels Service established no if the under the change of OCR the applicant may be required to pay customary connection fees and we have to evaluate everything under Section 910 for most intense use we believe that under the most intense use this area area would meet those criteria under H significant adverse impacts in the natural environment the subject properties is currently vacant when development is proposed or more detailed environment analysis based on the site specific development of proposal would be conducted would this result in an or logical development pattern specifically identifying any NE negative effects on such pattern the proposed amendment will not provide for a logical and Order development pattern the O OCR zoning district is a transitional zoning district and then this location it does not meet this criteria Jay in conflict with the public interest is harmony with the purpose and interest of L Dev regulations we do not find that this request meet this criteria it's not in harmony with the purpose intented L develop regulations as the OS district is designed to complement and enhance existing development usually commercial any other matters that may be deemed appropriate in review and consideration proposed amendments such as police protection fire merging Medical Services all concurrency mandate facilities adequate capacity to accommodate the most intense use under the proposed zoning District so in conclusion the requested OC zoning district is not compatible with the surrounding uh area development patterns not consistent with the goals objectives and locational criteria outlined in the policy of 1.43 of the adopted com planned and as part of your view criteria and 90213 subsection 3 you are supposed to have everything all of your elements of your Comer plan your policies comply the person is not the property is not situated in areas suitable for transitional zoning and therefore staff cannot support the request because it fails to meet all of the adopted policies of the comp plan on November 14th of 2024 the pl zoning commission approved the request to reone the property from CG to OCR with a vote of 5 to one staff cannot recommend that the board of County Commissioners approve this request to Reon of subject properties from CG to OCR and staff's recommendation is for the board of County Commissioners to deny this request the planning Zing commission recommend that the board of cand commission approve this request to resend the subject properties from CG to OCR and both Chris and are here to answer any of your questions are there any questions of Staff do ready for staff questions sta yes yes what was planning and zoning overview on this what was our discussion can recall anything of sure sure uh their actual discussions were that they felt the residential portion that would be allowed by the additional change in zoning would be suitable for the area however your discussion your presentation is while wider and deeper ER into the future of the community that is correct if you look at the whole corridor from the both county lines from Bard County to all the way down south to St Lucy uh residential the way we've done our comp plan and the way we've actually situated our zoning code is that all of the residential should be on the east side of US1 and uh on the west side is typically commercial because of the intense use is that can be allowed on the west side as well as the incompatibility with residential being directly against a FEC railroad because of the issues with noise and uh pollutants that it can have whether it be uh noise and lights because we do know that the bright line now comes through um staff and the comp plan have always felt that it's not a suitable place for residential development and that is why the comp plan is laid as such not not related to this application but I'm familiar with that that area as far as there were some businesses that uh were residential but working in the facility like the chocolate shop and a few others and we do have some medical facilities there as well at least two practices right in that immediate area in the school um but and one was formerly a gas station I think it's cumb in farms and looking at the opposite side of the street you do have rather reasonably heavy commercial as far as gas stations and businesses eateries and other businesses are on the the opposite end of the street that area is almost wide open for development other than what I've just mentioned is a lot of pockets does that bring you a concern or the the reason why you object far greater than what pnz has projected voted sure as you look at the property um it is prime for redevelopment and Redevelopment as what it's currently zoned uh there is a reason why it's laid out for a commercial and with if you look on the east side um which was brought to everyone's attention by Miss Thurman's presentation is that all of that residential is now developing if you look at that section of the county it had been widely undeveloped on both the residential side and the commercial side so historically when you take into factors of actual rooftops developing that is when your commercial actually develops because you need that symbiotic relationship of residential developing to be able to support your commercial development as well so as staff I would agree that uh it is a suitable location for its commercial node and the further further residential and residential developments on the east side of the road will further that commercial development in the future thank you any further questions by board members does the applicant have any questions for for staff good morning good morning Mr chair members of the County Commission my name is Pete sweene I'm an attorney representing the applicant with the firm of block and scarp I have a couple of quick questions for staff before I would be allowed to make a brief presentation thank you um the first question and I'm not sure if I should addressed this to miss Thurman or Mr Balter um so whoever is appropriate to answer but um I want to be absolutely clear if staff could make sure this is a commercial zoning request OCR is commercial multiple times it has been stated residential this is in fact a commercial resoning request correct that is correct Mr Sweeney but if you actually go to the attachment that was submitted by the applicant the requested use is actually Town Homes well that would be getting ahead of the rezoning application correct that is okay uh the next is that uh it wasn't highlighted in staff's presentation but under future land use element policy 1.43 it is very clear that all of the elements you identified state that the commission may use these elements or may not correct the term may use on page three of your report under the last paragraph that is correct okay I just wanted to be clear for the commission that there's no misunderstanding they are not required based on any of those red check boxes to say no that's correct that is correct on the policy however if you look at the actual Land Development regulations that then further says that they have to meet items a through K which that comprehensive plan is in that so it would be yes for the comprehensive plan policy but no for the Land Development regulation which leads me to the presentation which staff presented at the Planning and Zoning on November 19th this is a different presentation correct it is a more enhanced presentation what Ashley has several amendments to it correct it has no amendments to the actual staff report but it does have an amendment to the actual presentation which if I'm correct Miss Schuler we're allowed to make any presentation enhancements other than making any staff report changes from what was submitted well that leads me to my last question which is um was not the planning and zoning meeting postured as a quasi judicial hearing it was so all of the competent substantial evidence that my client might presented which are part of that record and I'd respectfully asked be moved into this record as the minutes and record of that Planning and Zoning five to one recommendation have already been presented and over staff's objection found to support the application from a competent substantial evidence perspective is that a question Mr Sweeney well I guess what I'm asking is that was what the motion was made from the minutes and you were there if you haven't added any new competent substantial evidence to this report then what would be the basis for staff to change the recommendation from Planning and Zoning we did not change the recommendation from Planning and Zoning as you can see what was presented was the exact recommendation that Planning and Zoning commission made and they recommended approval which was stated and as staff recommended denial so though the exact recommendations were the same no change I don't have any other questions for staff but I'd like to present very briefly if I may Mr chair do you want me to wait for on the questions no I have no more questions we going to now move to your presentation thank you sir um as mentioned Pete Sweeney on behalf of the applicant I was here on November 19th I'm I'm sorry November 14th at the Planning and Zoning Commission in which we had approximately a 2-hour ing on this very item staff made a presentation hopefully the Commissioners are aware of not only the minutes but the outcome of that as we just heard there was only six members there that night there are seven members of Planning and Zoning but with a six-member council after a very long deliberative approach a motion that failed to get a second for recommendation for denial then led to a motion to approve which was approved 5 to1 with the basis of competent substantial evidence supporting the recommended rezoning and I'd like to just point out if I could a couple of reasons why the first reason why as I said before and I don't intend to relitigate all of this I will move very quickly because again the minutes support this from the Planning and Zoning meeting but number one this is in compliance with virtually everything in the comprehensive plan as you just heard staff say in fact this is a commercial resoning request from commercial to Commercial and that's why there's no future land use need to change anything the second is there is press and if I could respectfully ask staff to put back up the map that was up as part of their presentation less than 200 F feet from the corner of my client's uh Parcels is an OCR designation I mean literally across the street approved by this board less than three years ago I believe um you can you can see where the green is that is exactly across the street in fact you see CL there it's it's zoomed in so close but where you see the o on the Orchid um virtually that's the edge of my client's property as you had just a little North there so to suggest that there's no precedent already in the immediate vicinity um we have the surrounding support you've heard no objection from any surrounding property owner in fact the school board has written a letter of support which was previously submitted to the record in the planning and zoning signed by Dr David Moore I would move that in again if there's any question about whether or not the minutes would support that so if I may just hand this to our can I give this to you CL no problem I'll take it over and make sure but um if I may approach the Commissioners to make sure everybody can see this again this is part of the minutes that were already submitted and approved at planning and zoning meeting and what I would say in closing is that the entire purpose of having the procedure that we have here is that staff does a technical analysis and I agree with that I think that's an absolute function a necessary essential function of staff to be that gatekeeper of those initial technical questions but once staff does that and makes a presentation this board in utilizing a Planning and Zoning commission that each of you have chosen a representative as well as two at large are your voice they're your first line in fact that's the first hearing of a rezoning and it's done in a quasi judicial setting it's done with evidence and presentation and Witnesses and staff's position it's always been my take on how any staff including a county or city attorney does not make policy they should not advocate for policy that is the purview of this board this board makes policy this board makes final de decisions staff makes a presentation based on facts and its experience as does an applicant and after that presentation at planning and zoning we were able to have the successful vote 51 of the Planning and Zoning commission based on the competent substantial evidence submitted in the record I have an issue separately whether this is an allowable relitigate uh a quasi judicial hearing is essentially a mini trial you have witnesses and evidence there could be a court report or all of these things so having a done again and having a different presentation which I haven't seen until the beginning of this hearing is problematic to some degree but despite that I think this board has everything that it would need one you have the latitude as it says in the comprehensive plan two you have the evidence already in the record and three you have no objection from anybody surrounding this rezoning from a commercial General to another commercial zoning District within the same future land use category so with that I don't have anything else to add I do have our engineer of record Mr Wesley Mills as well as Mr Chris Marine who's representing the current property owner Mr Proctor fortunately Mr Proctor could not be here today as well as the real of TP Kennedy who also spoke in the uh Planning and Zoning unfortunately both of them had family emergency could not be here I I apologize just Mr Kennedy I'm Mr Proctor but they couldn't be here but with that we do have others that could speak to this talk about the history if necessary talk about the change conditions but the fact is I think the record already supports everything that we would need and we respectfully request for an approval of the resoning thank you and I stand ready for any questions thank you I have questions we should add um Mr Sweeney um you do though acknowledge that the Planning and Zoning Board is advisory to the commission and just like with the past the last issue where there was a um uh a condition that we perhaps did not support we can find counter to them I I do acknowledge that and and commissioner I I think there's maybe a a procedural problem having you know beyond that um question you said this is a commercial rezoning as we're going the request is to go from commercial General to OCR yes ma'am however the letter from the school district again speaks to housing and the application the resoning application also speaks to housing so my question is I I appreciate the letter however there's nothing in this letter this letter is not binding on the project and if you wanted these conditions to be binding on the project you could certainly do this under live local which would provide us as a commission and a county the assurances that some of these things were going to be met in perpetuity and it wouldn't require a rezoning because by virtue of as you know that law it would basically be administrative and we wouldn't have to go through this process either so I'm curious there just seems to be some discrepancies so can you speak to that absolutely the the purpose and intent of the letter from the school board was not for the substance of what the school board would support because again I think it would be in appropriate and a zoning hearing to talk about a potential end use the purpose of the letter was to acknowledge that the single largest property owner next door an active Special Needs school has no objection to any version of something that's not already there and what do I mean by that in commercial General the number of things that could already be there would also be allowed generally under OCR it's just this additional residential potential element and and again I applaud you for stating that that's not appropriate at this point because we're not in a site plan we're not in something like that but it was simply to make this commission aware that nobody has objected and the largest property owner the one who would most likely have a problem with anything changing in fact supports the only thing that would be different a residential component to a commercial Zone that was the purpose okay well Mr Sweeny you know I have the utmost respect for you and I always appreciate our conversations whether on the Das or off but the letter to me seems to imply that the school district is under the impression that if this project moves forward there will be certain assurances that have been made to them that is is not necessarily set in stone and while we we can't really look at the end result this seems to kind of be setting that up to an extent so I just no I I understand it's a delicate balance I I I just am simply want would comfortable if that is the intention and I'm not saying that it is that it would come in under a live local where we had some specific teeth that could assure those things but this is not an affordable housing conversation this is a resoning from CG to OCR so my last question I don't know if this is for you or for Chris um what are the different uses with what can you do in OCR that you cannot do in CG um so generally the commercial ual aspect of OCR and General commercial are the same the difference in the actual districts is that it would land it would allow a standalone residential component um The General commercial does allow for a residential com component however it has to be a vertical use meaning that it has to have a commercial on the first floor and residential on the second um and it is not Standalone it has to be uh so the only difference is integrated um a residential use would have to be integrated into a commercial application versus an OCR you could have an office a commercial or stand they can all be Standalone and CG they have to be tied to some commercial use that is correct basically okay thank you question does allow for mixed use Concepts as well it can yes OCR and one point yes OCR can also move in on ex use um the other thought is that when you mentioned uh with Florida that to to some 30 years is perpetuity especially as older folks but it's 30 years is that correct that is correct that is commitment after that 30 years it can trigger into anything but by that time we tear down building exactly and the price goes up all right just wanted to clarify it because you stated it was an option Mr chair I just want to make a couple observations staff um one I just I I not sure I agree that staff's role is just technical in nature and serves as the gatekeeper uh staff staff typically advises this board you know on policy and the applications of the land develop regulations the application of the comprehensive PL so I kind of have a little bit different of view than as described uh I don't think it's inconsistent when staff makes a recommendation to the Planning and Zoning commission which is an advisory or recommending body and then carries that subsequent you know recommendation forward to you while also advising what the Planning and Zoning Board you know recommended then last I I don't think there is a procedural issue in terms of discussing when the application in it of itself talks about what the proposed use is and when you look at a zoning District or rezoning you know you have to look at the district it talks about the development of the property and also talks about the uses so I think it's entirely appropriate for when BR staff uh points out the fact that the proposed Ed on the site as indicated by the applicant on their application for resoning is townhouse development and thank thank thank you for that discussion uh County Administrator uh then that's why in the very onset I mentioned that the scope was wider and deeper and that's you know we have to respect staff we have to respect the pnz we have to respect the applicant and we have to respect the greater good of the the people of Indie River County but in doing so there is a balance of where is the information coming from obviously no one here on the dis is an engineer no one on the dis I believe is a planner but we are entrusted with the greater good of the future of this County and in doing so we have to be Reliant upon all entities that are bringing the information and that does include the pnz and respectfully uh they are an Advisory Board uh appointed and uh it's legal and lawful and staff has to do their due diligence so I appreciate all input then then we have to do the heavy lift okay absolutely just wanted to clarify because I pointed out in the beginning as well all right any other questions thank you if I could just make a clarification statement uh so the property that Mr Sweeney was previously talking about from cl to OCR um he stated that it had been rezoned uh a couple years ago the actual parcel had been rezoned in September 2004 I just wanted to make that clarification 200 four four MH so 20 years ago it was rezoned correct and it's now finally getting developed okay thank you for that uh so if there's no other questions of the applicant we'll move on to any final presentations and argument if any excuse me I think the applicant was oh Council Marine I thank you did not know you had the other half of the presentation no I appreciate it um I'm Christopher Marine I'm a lawyer with G cookie pel and I'm here this morning not on behalf of the applicant but on behalf of the owners of the property um and we felt that it was really important to uh to speak both here and at the Planning and Zoning commission meeting as well because uh We've embraced this project um the owners are an individual Mr Proctor and a Family Trust Bradshaw trust one of the representatives is here with us this morning um and of course we support the application and we endorsed the rezoning um we're grateful to be here I'm grateful to be here before you because this project has had a very troubled trajectory um it even died at one point uh the property went under contract and was under contract for uh they can correct me if I'm wrong probably around seven months um and just could not get it before pnz could not get it before and they ended up withdrawing from the contract um so we have embraced it by literally partnering with the applicant and participating in all of these considerations the meetings that were referred to before the hearing um that I attended personally with three of the Commissioners individually of course um were after the con the contract and the project died there was no pending contract there was no pending application it it just died because they just couldn't seem to get it um so we're grateful that it's become this far and that we are where we uh are today most of this property has been held over 40 years um it's been listed probably seven years and it remains vacant we think there's a really good reason for that it's just not suitable for the type of development um that General commercial zoning it would permit it's it's very clear to us that it's not the proper zoning um we don't think it's much of a stretch to approve uh this request and go to OCR zoning I just wanted to say I I practiced law in this community now over 40 years my hair is a lot grayer than uh Joe's is but um but you know I've I've been around a while I've served on one of your boards I've served on a County board for over 10 years ched it probably most of those years I've served on a City Board city of Vero Beach and I chaired that board probably five years um so I've been on both sides of this Podium here been on my side and of course on your side as well it's very unusual my point is it's very unusual for um someone to go against a staff recommendation staff does their analysis they're skilled and educated to do what they do um we just don't think they hit the mark in this instance um my but when when a staff recommendation is not adhered to when when a party uh or a board or commission goes against the staff recommendation I think we should pay attention because it's a pretty good indicator I think it's an excellent indicator that that zoning needs a second look and that's what we think um is going on here today nothing against staff they just they did their analysis um one of the pnz members made a motion to deny after we closed the public hearing and died for a lack of a second shortly after that all of the other uh planning andon Commissioners voted in favor the party who made the motion to deny and I forgot um her name I apologize but she voted uh against it so again that's not common doesn't happen a lot uh but when it does should be an excellent indicator to those of you that are making the decision today that it's time for a change it's time to look at something uh from a different lens um I don't have any other commentary I wanted to keep it brief because again we spent a lot of time spent a lot of time and effort and resources to get before you today but um we hope that you will accept the recommendation of pnz and and approve the resoning request thank you thank you Council I appreciate your presentation and you did point out that uh you did make inquiry I want you know that uh I highly respect you uh but I also respect that I have never met on a quite a Judicial matter U on on any Accord so it was not a personal it was I I want to be consistent fair and firm that I do not meet under although we are allowed to so long as we publicly disclose as we asked earlier today but uh I choose not to okay so it's not a personal understood okay thank you I just wanted to get that disclosure out there all right well uh if seeing no other questions of the applicant uh let's move on for any input from the public was it sh can I ask Chris just a couple questions oh sure just Chris uh when we talked about the perimeter and we talk about uh anything being contiguous could you pulled that up real quick in other words this particular parcel appears to be uh on an island if you will with surrounding usage is that correct so this particular Park parcel is actually surrounded by uh if you pull up the can you pull the Z it's all zoned General commercial that's there the uh lesser commercial that's to the South is uh limited commercial um which is because there's existing residential that's in the area uh The Limited commercial actually supports residential where the higher more intense uses are in General commercial so it it was if it was contiguous with the similarly situated Pro properties this would be a different discussion if it was at a perimeter uh and was a true transition yes then staff would be able to support the application right unfortunately for the applicant to the north and to south or not correct any other questions at this time uh since uh no one's come forward from the public we'll move on to final presentations and argument if any by County staff you have anything further to add sir no sir by the applicant thank you like they asked that all documents and tangible evidence if any be admitted into evidence and are in the hands of the clerk so long as there are no objections all documentation has been forwarded at this time we'll close the public hearing Commissioners everyone has their own microphone Mr chair M chairman um I I know y'all get probably tired of hearing this but I my mother was born on W basso my grandmother lived in the trailer park just south of this property just south of the school for for for for many years I have not seen any significant change in this property in my lifetime I think uh I don't remember who said it but it's just not conducive for really in my opinion you know General commercial I don't know the the land is fairly small in areas it it's just never flourished as a commercial corridor other than probably the campground across the street and some others um with what Mr maren said I I would agree with that I think is something we need to look at with our zoning with this again I've just never seen any change in this property and from what I heard that was part of the discussion in Planning and Zoning that this property has remained undeveloped and that seemed to be a consistent theme through the backup m material as I read through it not that that makes it right to change or makes it right to leave it as is but I think personally that this could be favorable for the area um if I had my wish on this area I would like to see it be a more of an affordable housing solution uh and I think that was that was briefly talked about in in the past a small portion of it could be but I just after what I know and what I've seen over the many many years of being up in that area I don't really see a problem with this request I think it I think it could possibly enhance the project the whole area in in the future and it may be something that we need to look at from a from our comprehensive plan and our zoning to to be changed but I I see no reason not to support planning and Z action with this I mean y'all want to speak about it but I'll be I'll be happy to make the motion to to move forward with the recommendation of Planning and Zoning um I I I would not be able to support that I think the staff has made a very comprehensive case in terms of why it should be denied this a resoning from CG to OCR and you know it doesn't meet the comprehensive plan it doesn't meet the requirement for orderly and logical development and is a conflict with the public interest and those were just points that I took I was taking notes as Mr Balter was speaking and I think commissioner Adams has offered good solution to this that this can happen if it's housing that we're concerned about through the um live local um act so I I would I I could not support that I would deny it is that what you had to say thank you chair you know we've had recent discussions of over the urban service boundary and other things and as we're all aware four two of the four bullets revolved around affordable housing I believe the conversations that three of the five of us had I don't know but mine was surrounded around affordable housing furthermore the letter uh from Dr Moore indicates a theme of of some type of affordable housing we've all had classes and talked about uh the live local act I haven't heard any of that discussion um and although uh commissioner man P andz has has made their voice heard uh I have always from this Dia supported uh our staff after due diligence and I can tell you that we've argued with staff before behind closed doors and most recently uh there was discussion with key staff members over this particular item uh and giving uh the facts that the uh the staff has reported to me I don't know about the others um but unfortunately this is one of the few times that I will be going against pnz uh just for the the reasons already mentioned not only by commissioner Adams but others however I do think uh that there is a way in the future as we mentioned earlier across the US one I believe that was CH changed chairman 20 years ago in 2004 and I know we don't all like to to wait wait around for those types of things however I do there I do think there will be a solution to this in the future and the part about the contiguous Andor the perimeter uh is is Big to me furthermore when you think about if there was affordable housing tow houses apartments or what is that the best location with a railroad track uh to your West and US1 to your East I think that would have to be considered as well so for those reasons I will not be supporting going forward with this thank you Mr Vice chairman um I'm fa uh consistent with the those thoughts as well um and know he's hasn't seen my notes uh but I will say that uh Council Marine has brought some thought and hearing also uh commission Erman uh on there's something that has to be done there because right now it is an area of it's ripe for development but is this the right development for the ripeness and that's where I'm standing as far as I would like to see affordability but perhaps maybe mixed use so that we still could have that commercial involvement as opposed to U rather higher priced town homes that will then change the composition of the remaining areas of US1 and now uh it has been done on State Road 60 which is a little wider it's our roadway it's well divided and there are setbacks and quite frankly when you when you look at uh the development the housing development that has been created in State Road 60 it doesn't jump at you you have to go into it um but yet there's no heavy commercial there there is commercial and it is retail and restaurants and other businesses that are far more compatible I just don't know if this is the right fit for our needs but I respect the presentation argument presenters and I still want to point out that yes Council Marine had it when he said we need to do something there I don't believe this is it thank all right okay so there's everyone has their own microphone move staff recommendation was there a second of my motion sir no do you didn't make a motion you made a motion made a motion to accept Planning and Zoning recommendation there was no second there was no second motion dies for lack of a second okay so we have a motion by Comm uh Vice chairman L second by commission Adams any further discussion all in favor I opposed I motion passes order one with Mission ER thank you have a nice day thank you thank you we'll take a uh five minute recess thank you for e e e e e e e e e e e e e e e e e e e e I don't know if he pass the bar though no you know he went under the bar very very much that's what they that's the best way to learn why they call it limbo oh all right meeting will now be called back to order and we're on to 11 A6 which is consideration for an ordinance for any River County Florida amending the zoning ordinance and accompanying zoning map for approximately f plus or minus 5.55 Acres from CG General commercial District to CH heavy commercial District 20 4 552-9710 this is quasi judicial in nature this next item on the agenda is for that consideration for request to amend the zoning ordinance and on the commercial District this is qu a Judicial proceeding the applicant of the properties is for the properties is HF Properties LLC and at this time I need to ask the Commissioners to disclose any expart communication site visits or independent investigations we'll begin with the left again yes uh none sir none no none none that I'm aware of none with that I need to confirm with the Commissioners that you can have an open mind and are able to base your decision on the evidence presented and applicable law can Will Canon will Canon will Canon will Canon will at this time we will open up the public hearing I will ask if anyone wishes to speak uh during this process they need to be sworn in please rise to be sworn Madam clerk do you swear or affirm to tell the truth the whole truth and nothing but the truth thank you we'll begin with a presentation by County staff good morning once again good morning as you stated we have a request here from CG to CH property contains a little bit more than 5 and 1 half acres the actual property uh of the Holdings of the applicant contained a little bit more but we actually had them focus in on the south half of this location property is located between US Highway 1 and Old Dixie Highway immediately north of 71st Street the purpose of this request is to reone the property to CH for the heavy commercial uh site to develop the site with these uses this area of the county is characterized by a SM mixture of commercial and Industrial through residential development clustered at the North uh at 73rd Street the area South the subject property is either vacant or more intense commercial and light Industrial in character you can see it here again we're sitting between the uh FC railroad tracks and the highway US1 Corridor again I what I was explaining is that this parcel is larger uh than uh the Holdings is larger but we had the applicant focusing on the south end and here's a future land use again this is in the middle of a very large commercial industrial node you can see here in red CG the general exist The General commercial district is the existing zoning it tend to provide for areas for General retail sales and selected service activities CG Z district is now intend to provide for heavy commercial activities such as outside commercial service uses or heavy rep repair services no outside storage and self stor in CG is limited to No More Than 3 acres here's a look at the development performance standards in CG and CH they're virtually the same however CG does allow you to do Residential density development look at the CH requested proposed zoning this is your heavy commercials zoning district and then to provide for establishments engaging in wholesale trade major repair services restricted light manufacturing activities provide for support Services necessary for development of commercial and Industrial uses allowed with within other non-residential zoning conflicts again this is inside the established commercial industrial future land use node located along a major transportation route separated from residential areas and no future Lane use Amendment change is proposed as part of this request we have to analyze everything per chapter 92.1 two sub Section 3 In conflict with any applicable portion of Land Development regulations staff has found no conflicts with the applicable Land Development regulations for the request of stage zoning designation is it consistent with all the ANS of the commissive plan it does meet the criteria and the locational criteria of policy 1.43 nearby properties include uses permitted in ch and iil Industrial zoning districts criteria C is in consistent with existing foros land use uses again no future land use amendment is changed as part of this request as it is already located in commercial industrial future land use designation is in compliance with the adopted County thoro plan property is located at the northwest corner of US Highway in 71st Street would traffic generated to decreased levels of service is adopted all roadway segments within the area of influence would operate and acceptable levels of service under CH zoning f with the subject to change conditions exist at warrant an amendment we believe the economic conditions have transitioned this area to be more conducive for uses allowed within the S District due to the presence of the existing s zoning to the South and that is again why we've limited this request to the south portion G with decreased level of service establish your sanitary sewer probable water Solid Waste strange and Recreation the applicant may be required to customer connection fees as more deta detailed um use is discovered during the development review process again we have to look at everything for the most intense use and section 9107 gives you the most intense use if it was under the general industrial square footage criteria AG result in significant adverse impacts on the natural environment a deta the subject property is currently undeveloped so more detailed environmental analysis would be required when the site specific development proposal is determined request and Order would be result in an orderly and logical development pattern specifically identifying any negative effects on such pattern it no proposed am no negative effects on such pattern have been found the proposed amendment aligns with the Commerce of PL surrounding land uses is it in conflict with the public interest and is it in harmony with the purpose and interest of land Val relations staff has found no adverse impacts to the welfare and fine that the request aligns with the purpose and intent of the land regulations and are there any other manners that made to do appropriate in review and consideration the proposed amendments such as police protection fire emerging medical service and we believe that all concurrency mate facilities have adequate capacity to accommodate the most intense use under the proposed CH zoning District so in conclusion the request of C zoning district is compatible with surrounding area consistent with the goals subjection and policies of the adopted cons plan it's consistent with the County's Land Development regulations this area is deemed suitable for sieg zoning we can support this and the plane zoning commission voted yle at their November 13th 2024 public hearing to recommend approval of the stage zoning so staff and the plan zoning commission recommended that the board of County Commissioners approve this request to reone the subject property from CG to CH and we're available for any questions thank you are there any questions from the Das of Staff does the applicant have questions of Staff before we get to the applicant Mo seeing none we'll now have uh presentation by the applicant if the applicants so Desir good morning Wesley Mills with Mill short Associates I'm representing the applicants for this rezoning um I have nothing more to add of staff's uh report I thought it was thorough um we agree with the recommendations I'm just more uh here to answer any questions that you may have for me thank you does anybody have any questions of the applicant staff as well seeing none is there any input from the public regarding this application any further questions by Commissioners or staff we have a final presentation by staff yes Mr chair i' like to bring up the actual uh zoning map and just discuss something for a second so as Miss Thurman stated uh the part the applicant owns both Parcels uh the actual whole contiguous parcel um the parcel that they're looking to reone is the CG partion right there when we take into consideration for rezonings compatibility is one of the biggest things that we take into consideration and that is the reason why you're only seeing the southern portion uh to allow for that transition that shows up into the CL limited commercial area and I just wanted to notate that that that is there is that and that is why there is a CH and it will transition down to CG if approved thank you I know I know you opted not to have any presentation and we have no questions of the applicant but this is your opportunity for any further presentation or argument if any seeing none want to ask that uh all of the documents and tangible evidence uh if any uh be admitted into evidence and are in the hands of the clerk so long as there are no objections seeing none I'll close the public hearing at this time commission is your pleasure chair being consistent with uh recognizing the hard work staff does Chris and Cindy and the like move approval second we have any additional discussion um I I just like to thank the staff for including the um traffic information um in the backup appreciate that and what it showed um just for the community is there's no change um in terms of traffic with changing the zoning that's 20225 daily trips a day and it makes no difference which way it's Z but thank you for including that appreciate it very thorough thank you well we have a motion in a second all in favor opposed motion carries unanimously thank you great job by all we now move on to the final quasa judicial hearing which is item 11 A7 which is consideration for the ordinance and a request to amend the zoning ordinance and zoning map for a approximately 2.90 Acres from CL limited commercial District to CG General commercial District it is quit additional in nature the applicant is Kennedy Oslo 27 llc at this time I have to ask all Commissioners uh to disclose any expart Communications site visits or independent investigations we begin with the left again none of which I'm aware no not that I'm aware of none that I'm aware of that I'm aware of that I'm aware of thank you now I need to ask uh that all Commissioners uh this uh can confirm that the you can have an open mind and are able to base your decision on the evidence presented and applicable law Canon will Canon will Canon will Canon will Canon will thank you if you intend on speaking uh during this process you need to stand up and be sworn in Madame clerk do you swear or affirm to tell the truth the whole truth and nothing but the truth thank you we'll now have a presentation by County staff one more time this is a West from cl to CG this property contains 2.90 Acres located at the southwest corner of 9th Street Oslo Road and 9th 27th Avenue Southwest this area of the county futures of blend of commercial warehousing residential and undeveloped commercial land all lying within the urban service area this property is currently Zone C limited commercial purpose of this request is to obtain the CG General commercial zoning District to develop the site with uses allowed in CG such as drive-throughs construction trade uses storage Andor Warehouse under certain criteria Boat RV and automobile repair services that's just to give you this example the surrounding land use pattern consists of a mixture of commercial residential multifam land uses particularly along the Oslo Road and 27th sou Avenue Southwest corridors here's a zoney map it's just that red Little Dot in there that we want to change the CG there will still be a CL buffer surrounding the property if approved here's the future land use map everything in red is part of that commercial industrial future land use node CL the existing zon in is limited commercial intended to provide for airs limited development for restricted commercial activities intended for to accommodate the convenience retail service needs for area residents while minimizing the impact of such activities on any nearby residential areas no drive-throughs are permitted and no outside activities or storage are permitted CL and CG have very similar performance standards you can see there CG General commercial district is proposed Zing requests intend to provide for development of General retail sales and selected activities CG Z dist not intend to provide for heavy commercial activities such as outside commercial or heavy repair no outside storage is allowed self storage in CG is limited to No More Than 3 acres and I'll just also mention that CG does allow drive-throughs again this is the it's within the CI future land use designation as I showed you on the map that area in red uh it's intended for provide for areas for the development of commercial industrial uses located in areas with suitable levels of service and infrastructure for urban skill development part of an established commercial industri future land use node and no future land use Amendment change is part of this request again we have to look at everything for our criteria a through K is it in conflict with applicable portion of Land Development regulations no conflicts have been identified for the CG zoning request is it consistent with all the Elma the comp planned it does meet of the elements of the comp plan the property will remain separated by the CL uh zoning designation so it does not AB but the residentially zoned or used property item C is in consistent with existing proposed land uses again no future land use Amendment change is part of this request because the CG request is consistent with the commercial industri of featured land use item D is in compliance with the adopted County rfo plan the property is located at an in at an a signalized intersection at the Southwest inter intersection of Oslo Road in South 27th Avenue Southwest would it generate traffic which decreased level of service as adopted all roadway segments are to operate at an acceptable level of service item F subject to change conditions exist that warrant an amendment economic conditions have trans transitioned this area to be more conducive for uses allowed within the CG District due to the presence of existing CG zoning to the South and to the north I would say item G would decrease levels of Service established for sanitary sewer potable water Solid Waste drained and Recreation the applicant may be required to pay customary connection fees during development review process and again we have to look at the most intense and in this section would be General commercial retail commercial development item H would be result in a significant adverse impacts on the natural environment the subject property is although at this intersection does remain undeveloped so a more detailed environmental analysis would be required item I result in the orderly logical development pattern the proposed amendment aligns with the comment plan plan and the surrounding land uses item J would it be in conflict with public interests and is in harmony with the purpose and interest of Land Development regulations staff has found no adverse impacts to the public welfare and finds that the request in lines with the purpose intent of the land of development regulations item K any other matters that would be deemed appropriate in review all concurrency mandate facilities have adequate capacity to accommodate the most intense use and the proposed CG CG District so in conclusion the request of CG Zone district is compatible with the surrounding area consistent with the goals objectives and policies as the County's adopted coner plan is consistent with the County's Land Development regulations don't know this deemed suitable for CG zoning can be supported by staff the planning zoning commission voted Neally at their November 14th 2024 public hearing to recommend approval of CG zoning and staff and planning zoning commission recommend the board of County Commissioners approve this request to rezone the subject property from cl to CG thank thank you any questions of the applican have any questions of Staff now move on questions to staff no sir just hear for any comments or we have questions yeah Jeff Marette with shy B and stard I'm here with Mr Peron of Mr Kennedy's office and as you heard earlier Mr Kennedy sorry he couldn't make it he had some family stuff going on but yes between the two of us if we have if you have any questions I'd be happy to try to answer them any questions on V County staff any questions of the applicant no sir at this time thank you at this time we'll ask if there's any input from the public didn't sh to well at this time we have any final presentation by County staff no sir does the applicant have any further comments no sir with that I'm going to ask that all documents and tangible evidence if any will be admitted into evidence and are in the hands of the clerk so long as there are no objections this time close the public hearing commissioners Mr chair on behalf of District Four move approved second we have a motion by by Shaman L second it by myself any further discussion all in favor I opposed motion carried unanimously thank thank you all right well now we're going to move we're going to change hats again and we're going to step away from the quasa judicial hearings and we now are going to go with C administrative matters didn't have a n show are you sure there's no more just one more just one more for the holiday is it too late counselor to throw another one in there just for the holidays anyway uh no let's move on to County administrative matters which is the American Rescue plan the act of 2021 proposed spending plan revision yes Mr chairman members of the board if you recall we uh back in November we made some changes to the spending plan uh using um reduction revenues for the purposes of uh after the sharp fund we had to reallocate funds because of we weren't going to be able to encumber and expend those funds in a timely manner uh there there is a project though gford Gardens that was originally contemplated it was part of those funds so we're going back and we've already received a report from Trevor with Habitat for Humanity for Gord Gardens and they will be able to do what they need to do in a timely manner so uh we are proposing to reduce the reduction of revenues which was going to be dedicated towards the road resurfacing and striping category by $500,000 to fund this obligation and that's what the agenda item reflects staff recommends the board consider the proposed spending plan the attachment specifically as further detailed above the uh totaling $3,631 68 consider any changes and approve the attached plan with any amendments as needed staff further proposes that any unencumbered funds in the proposed categories remaining as of December 23rd 2024 be reallocated to the reduction in revenues Road resurfacing and restriping category to ensure all funds are encumbered by the December 31st 20 2024 deadline staff returns it to the board and this accelerates the project with this great speed it yes so we did not encumber all those funds in terms of uh related to Road resurfacing uh the public works is currently working on the repaving plan with the additional funds but we had them back out the 500 knowing that this needed to go back into the budget for the gford gardens you know project it's 14 units and this will be for site work we need to move forward well with that do we have any comments from the public on this not commission is approval we have a motion by commission a second by vice vice chairman law any further discussion all in favor I opposed motion carried unanimously thank you next item we will move on to legislative matters so we're going to go with the legislative program and we have a staff report good morning cath say good morning is it still morning it's been a long meeting two minutes yeah you still have it good morning go quick the agenda says the 2024 program it's actually the 2025 legislative program and commissioner Adams I want to um officially congratulate you I was unable to attend the fact conference because of a family issue but it's I want to emphasize how important it is for the county and having our voice heard um in Tallahassee when you have the association of counties when you're on the same page and having a small County um represented on the board is pretty significant so it's going to be very helpful so today I just wanted to provide a brief overview of what Tallahassee is going to look like as we approach legislative session and it seems so early being December and session is not until March but the Indian River delegation has scheduled a meeting for January the 6th and so prior to that we need to bring our issues to the board so that you can review talk about them and then give us some guidance on um your preferences in terms of where we need to emphasize um our efforts I wanted to just briefly give you some key dates um the and I'm going to mention ni because fa and no are directly connected and we do not have a really active Federal program in Indian River County although I feel like in the future we need to um ni is highly important because obviously all the issues that um come down from DC to to our state agencies eventually come to us and so it's very helpful for us to be engaged to Monitor and track what happens at the Federal level so that we can plan our activities here in the county and it also helps us in terms of budgeting when we know what's coming down the pike because it gives us kind of a couple of years to know um when something might be headed our way March 4th is the regular session will kick off and then we will have legislative days um the small County Coalition fact um legislative day which we usually participate in and this year the Treasure Coast Conference which is the chambers of the region um will go in April normally they go with us um with the other coalitions but um this year it's going to be a little different and then session ends May the 2nd we have new leadership in Tallahassee um Senator Alberton has declared that it's going to be a rural Renaissance so I think that um consistent uh with commissioner Adams and the small County Coalition I think it's going to be a as a year um I he has said that he's going to make sure that the rural parts of the state get the proper infrastructure health care and and other issues so I think it's going to be interesting to watch how that develops and agriculture will be front and center of course and we're hearing things like um tax credits for solar on Agland and some other things um cyber security will be a big issue but I think access to Internet and in the rural counties will be as big we have a new speaker and um he has de you know been very boisterous about making the traditional system the complicated system much more transparent and easy to navigate he's going to be limiting the number of bills that uh house members can file and he's changing the way that they actually do business and requiring some cross depart or cross committee talk and work in order to get bills onto the floor so this is going to be interesting he has said that he wants to focus on healthc care reform in uh property insurance and healthcare insurance and of course Workforce Development so um it it'll be interesting to see how how this goes because he is much more cognizant of the actual budget as opposed to project uh member projects and so a lot Appropriations uh by members is going to be much less than it has been in the past uh the whole legislature is really trying to push individual appropriation requests into a either a grant or into the governor's budget which is consistent with what we have been trying to do at the county since I got here and getting our staff and and looking at our projects and trying to look at what grants are out there that we can bring funding to the county um and also working with the executive branch during the off session so that our projects are in the president's budget I mean in the governor's budget so um I think that it'll be interesting to watch how this uh transpires to see if what he sets out actually ends up happening because we all know the session gets a little crazy Senator gro we have a small delegation as everybody knows we have two uh so sometimes that is um hard for us as a county but we build coalitions and we work with our our delegates and we have amazing delegates and I I put this on here just so that you can see that Senator Gro is is very active um she's transitioning herself into some very leadership positions I want to thank her publicly because she has been pretty amazing in helping us get some issues resolved at the government owner's office and she has been helping us push the um the county road 512 issue and so we appreciate that but she is going to be the chair and vice chair of several committees and she serves on the Appropriations so she is on the um environment Appropriations Committee Transportation so those are key committees for us and she will be a voice that will be beneficial to the county the house has not made committee assignments yet but uh representative Brackett is obviously very supportive of us and we have had multiple conversations I've met with him and his staff sunny and we've talked about a lot of our issues um he's very accessible as well and so we talk quite often go ahead these slides should look fairly familiar to you there are guiding principles that we've used from years um very important to the to All Counties actually uh we work to protect County home rule we obviously oppose anything that's preemptive and so those are the bills that we play defense on mostly next one and of course unfunded mandates those are obviously ones that we we oppose and the one size fits all solutions this category captures one of our very favorite topics the short-term rentals and as you know the governor vetoed the short-term rental Bill last year based on this um that he was opposed to a one siiz fits-all solution to a problem at the state level and so this year I we're hearing different things about short-term rentals but it comes up every year so I would not rule it out uh Deigo has said that he does not plan on sponsoring a bill but he probably would sign on to one so we'll see how that goes in any case we are prepared and I'm looking forward to working with our um attorney's office um Jennifer Schuler and I have had conversations as Susan prto we have had multiple conversations about a number of different bills and I look forward to working with them closely and obviously we work closely with the small County Coalition and the Florida Association of counties the small Coalition you should already have their package of adopted priorities and I talked to the Florida Association of counties yesterday uh and they are finalizing and kind of finessing their package but it should be out soon and I'll make sure that you get that our state priorities are septic Cur everybody knows that the 2030 deadline is not realistic I don't know that there'll be any Bill to actually address that head-on but there will be multiple bills probably filed on septic to sewer mainly I would imagine some to try to help the rural communities um meet this deadline and we are talking with other counties about the flexibility of the grant programs we have an issue here where Grant dollars are only allowed to be spent on the actual sewer side or the Wastewater side and we would like the ability where we have areas that also require water in order to fulfill that um that it the grant dollars can be spent on both and so we'll be advocating for that there is an inmate medical issue that other counties are addressing I'm going to let John probably speak to that a little bit later uh because we've been reaching out to the Sheriff's office to see what their opinion is on that property issue I mean property insurance will be another high priority um the advantage ride program is another area where we are collaborating and uh Karen dagel is here to address that in just a few minutes and then we are work very diligently to advocate for full funding of all the state Grant programs that we tap into to further the county programs these slides are just kind of boilerplate they're the ones that we typically use to guide anything and everything that we do at the state level when we're assessing a bill and its value for the county or whether we should support or oppose it so you can just kind of flip through these and then I think what I'm going to do now is let um Karen come up and describe the the program because I I'm not sure if all of you are familiar with this one still good morning good morning Karen deagle U CEO of Senior Resource Association and um in 2020 SRA launched the Treasure Coast Developmental Mobility Program also known as the advantage ride uh through a partnership with the Florida devel developmental disabilities Council St Lucy count uh County Transit department and Florida commission for transportation disadvantage uh this program exclusively serves individuals Within intellectual and developmental disabilities providing them with essential transportation to access quality of life activities more specifically to work in educational programs since October of 2020 the program has provided more than 173,000 trips making it the most successful door-to-door Transportation program for ID individuals on the Florida Treasure Coast uh the program involves coordination between two CTC organizations ours and uh St Lucy County two CTC eligibility specialist and six Transportation vendors trained to work with the ID population three funding sources um the commission for transportation disadvantage uh the Florida developmental disabilities Council and St Lucy County uh contributed approximately 1.3 million and annually uh totaling about 5.35 million since the program's Inception a significant portion of the funding 1. 1225 comes from the commission for transportation disadvantage Innovative service development Grant which is set to expire in June of 2025 so without this funding without the funding from the commission for transportation um disadvantage um this program will be eliminated leaving the ID Community without the essential services so we're seeking to sec to secure ongoing funding to ensure the continued success um and expansion of the advantage ride program so with your blessing we would like to engage our Tallahassee team to help with this we've had um Zoom call and several other phone calls about this issue and there's quite a coalition uh built through Karen's leadership and had some strategy sessions on that so it is obviously highly important to the county it's no budgetary impact to you or the county but it is something that is a value that we would like to make sure that we're engaged in and then finally I want to touch on at the state level on the inmate medical issue then I think you had a conversation with the sheriff yesterday yes members uh members of the board uh as you know counties are mandated to provide Health Care to our inmates and those incarcerated ated and generally that's done you know right now the sheriff's office has a contract with tcch to do that and so that provides services in which they do everything they can to uh provide those costs or those services medical services on site but once they're transferred offsite you know they're we're subject to when I say we the sheriff's office but also the county since we're funding the Sheriff's Office to our reguly non-standardized rates there are Provisions in the statutes as it relates to the Florida Department of Corrections which provides for a cap of you know 110 reimbursement cap of 110% of the Medicare rate uh St Lucy County last year had a h local house bill I think it was 12 11:03 uh 10:23 and uh that impose those same rates that are in the statutes to local Bill to to them because they they've been spiraling out of control we have a third of their you know prison population but it's still something that we want to be mindful of and Martin County this year is looking to do the same a similar and we kind of had some conversations and we don't want to be left out and find ourselves being subjected to some Global bill when we can kind of lock in where we are you know before the industry kind of tries to undercut because right now again you it's pretty significant I mean I think one year for St Lucy was 20 million you know dealing with and some of the facilities that we deal with are ones that they that they were dealing with and the rates were not you know regulated you know we were at their their mercy so what this bill a local bill could potentially do is provide that cap consistent with the Florida Department of Corrections has of 110% of the Medicare reimbursement rate for Medicare so this is a an issue at the county level um it's also being discussed there's a lot of issues being discussed at the federal level surrounding this as well so um we will continue to work with the Sheriff's Office I've been coordinating with Amy Cooper to try to get all of our numbers so that we can make sure that we can provide the up-to-date data um this the the actual local bill um was not really on I don't think on a lot of people's radar at the sheriff's level but I they are interested and and John's right we need to make sure that we're not left out so um so that's the the state program we don't have any direct Appropriations we are just executed the two grants that we got for septic to sewer for last year and it will take a little bit to work through those but again we are working with the staff departments to make sure that the projects are pushed through the right grant portals that generally open after session and then we're going to start working diligently over the off session to make sure that we have people down here and we're educating the grant administrators on what our project priorities are so that they get very familiar with what we are trying to accomplish in Indian River County and we can be included in all of those budget decisions and Tallahassee now I just want to briefly talk about some issues that we are monitoring at the federal level and Sean is here and I will say I want to lient him because he and I collaborate a lot and we watch and listen to what different associations are doing at the federal level to make sure that we kind of know where people are and what might be heading our way so the there's a number of issues we have P which you've probably heard more than once um something that is being talked about at the federal level is a kind of an indic um making sure that there's some Provisions that protect util utilities from having to pay for something that we did not do um word Bill obviously is important to us for a number of different reasons the national flood insurance program the copper pipe inventory is just that it's just an inventory of what is out there and we have um complied with that and then there is a fluoride issue that we don't really know where that's going to go uh Sean did put an email together for you that gives you the history and it I anticipate that it will be highly discussed um in the coming months but those are things that we're watching at the federal level and if anything bubbles up we'll make sure that we um bring that to you so with that I just would like if you have any other issues that you want to raise or if you have any guidance for us as we get prepared for January the 6th and for March of 2025 CH and Kathy we have specific items we just come to you to it anything else and there's really no reason to historically we would uh designate or andile uh individual Commissioners for task and items I think we can leave that uh bearing in mind what we're confronted with in Tallahassee or as any as needed basis and discuss that in the future if we need to taking trips yeah I think um one of the reasons that we always leave The Guiding principles kind of more open-ended is to to allow us to move quickly if something comes up unexpectedly in between meetings so pretty much everything would fall under one of those guiding principles but um to commissioner Lor's point I know we all have um we all have favorite issues and items that we like to be updated on and kind of kept a breast of so if it's not specifically called out in here definitely let Kathy know so as we are moving around or she stays up to date on it I float peripherally but as we are participating in the different levels of um legislative advocacy we can make sure we're bringing any direct information home on any issues that you guys are are involved in for instance this year I'll be sitting on the legislative executive committee for both organizations so that'll allow us to keep our ears open and Kathy meets with our lobbyists and the different organizations as well as all the other legislative and governmental layons on a regular Bas basis they have their own monthly meeting and I think during session it turns into a weekly and almost daily meeting it is a weekly luncheon um just so you guys know there's other information coming in all the time besides just kind of what's included in this and there's a lot of associations that we monitor as well but in January I will say that I will be meeting individually with you all and just making sure that I understand what very specific specific issues that you're individually interested in generally they're going to fall under our guiding principles and all of those that have been identified but by the associations that we're members of but it is early and the bills will when they go into committee weeks that's when they'll start flooding you know the portals with bills and make sure that I have my eyes and ears on the ones that are important to you and as always we will be working with um the office of counsel or the attorney's office and make sure that we keep you briefed on those bills that have impact to the county okay thank you thank you well we don't need a a vote on this and uh just uh we app we just need consensus that these are the guard rails that we can operate under everyone agre this is the direction in which we need to go with the guiding principles it looks wonderful thank you thank you thank you well uh next item is going to be the city B Be discussion there uh do just proceed anybody want to five minutes good I'm good for now we will proceed next item is the city of Vera Beach revised and updated request for County funding for the humson uh project Mr chair members of the board if you recall the de December 3rd uh regular meeting with the board uh following your unanimous support to to participate in humiston Project the board directed me to meet with city manager Monty Falls uh to discuss the project in the county Support uh Monty prepared the city did uh a revised and updated uh request in terms of updating the costs and and it's included in the agenda item the alternative the three concrete sidewalk that was submitted with it being updated uh it does include uh the uh the the walk the two Pavilions and the Ada ramp uh I would recommend that the board participate in a manner that defines a maximum contribution I have provided uh guidance there in terms of like that the board would contribute up to $400,000 or or 50% of the humiston project less any federal state or private Grant reimbursement or appropriation whichever is less staff does recommend the use of General funds uh for the undesignated fund balance and we would process a budget mend at the appropriate time based on the participation amount Andor level or percentage determined by the board the staff recommendation is that the board consider and determine their level of funding participation for the humiston boardwalk replacement project direct the County Attorney to draft a project participation agreement outlining the board of County Commissioners commitment and participation in the humiston project turn to the board for questions and the mon and as well as councilman Carol is here thank you John um actually see U Mon's here and uh i' like to talk talk with Monty a bit uh yes at our meeting we determined that we would have the County Administrator and the city manager uh work through the process and to see where we we can be involved and how we could be involved um since then there's been some discussion in the media as well those who deal in Inc um and and I wanted to clarify for the record that the discussions that you have had uh were and be gu and guided by your Council uh that was in regards to a sidewalk correct that's correct it's a walkway that will be located back away from the historical erosion line what we talked about the last time we're here and John and I have worked on the revised estimate and that's what's before you today and we appreciate any the county can do to help us out and I understand that you still have some granting that might take place and there's been some discussion uh that there might be some uh private funds that get donated for this cause and if they are I think Mr tanis's memo to took that into account okay uh and the the ask of involvement is not uh is that related to that other possibility or is the funding uh separate and there is no talk of further FEMA assistance other than what was projected previously nothing additional from female we're still waiting for the appeal I we haven't heard back from that and if that takes place then the ask will be greatly reduced it will be the cost of the project less any FEMA less any other grants 50/50 there so uh basically we're not are we is this a a request for proactive fund or reactive fund I don't know that I know the difference between the two well if you get a little money from some if you you do get the appeal with FEMA uh then there'll be an adjustment correct that's what uh your administrator's memo lays out yes and that would be reactive no I want to make it clear because it seems that uh those who write for a living uh and and again this is local government not not the media and we're Guided by what we do and what you do and we want to work together and we discuss that but I I I got a different take from what was covered I it just it's not you I can't speak for the I know I don't want to speak because did they just can right no but at no time did we say that you you can't have a boardwalk and your ask is uh regarding this walkway The Proposal that was selected by the city council was the walkway correct I want to make sure at the last meeting the commission agreed to participate in the walkway correct this is what we're back here for now will there be some other discussion about boardwalks possibly this is just a way for me to clarify some of the ambiguity that had been discussed or fied in any way shape or form Mal aligning or misinforming the public public of what uh we felt we should be doing as a board what you should be doing from your counil and I think that you two got together and did an outstanding job it's my I just wanted to do a little housekeeping on that issue thank you Monty thank you does anybody have any uh questions yes sir I'll be I'll be happy to make a motion that the on the county administrator's recommendation that the in County Board of County Commissioners will contribute up to 400,000 or 50% of the humiston project which was alternative three less any federal state or private Grant reimbursements or appropriation whichever is less second second the motion we have a motion by commission Airman second by commissioner Moss I see discussion I was just going to say that I where I was last time was more like 150 to 200 and that's where I remain so I will not be able to support that motion which is fine I just want to let you guys know where I am you want to be consistent I I I get that uh and there is a possibility that if there if that w from FEMA increases that our commitment will be reduced as we discussed by the city manager and the County Administrator and it's in the backup uh just um look we we have to help out and get the job done uh it's not what some want it's what the council determined it's what we said we would help and I don't think it's overwhelming ask I would like to see FEMA kick it up in the appeal that would be very nice I'm sure you would appreciate it as well as we would and that's all I want to say about that okay so we have discussion come on down good to see you Mr suiv Tom Sullivan 4187 West 16 square I guess I uh what are we building there what are we contributing to is the question is it a sidewalk it's a cement walkway yes how long is it roughly 1500 I just $400,000 huh the total project cost as presented just a little over 900,000 the sidewalk will run the length of uh humiston park it also includes four Dune crossovers down to the beach one of them being access with plus two shade Pavilions oh there will be two I I have I have not seen the drawings mon that's the only reason I asked that yeah yeah so I you know someone had suggested at one time that there was going to be an architectural award where where they would maybe this was just rumor where they would put it out to Young Architects and they would design it and the city would pick something or was that ever discussed uh nothing formal with that okay yeah I thought that would have been a engaging idea which probably would have led to more Innovative thinking but I just want I see that you have The Pavilions which I'm happy with uh my last time I had my 99-year-old godmother there and I think a lot of people missed that I know you talked about that one time mrman you know just saying going down there and making it appropriate where I think that's a big part of a lot of the people who live in the county when they go up to the beach whether they're eating at one of the restaurants going to that boardwalk and this delay uh in my mind has just been a delay uh I'm glad that we're finally doing something and I hope it will be something we'll all be proud of thank you thank you well we have a motion in the second any further discussion Mr chair I just want to point out part of that recommendation was to direct the County Attorney draft a project participation agreement outlining the county commissioner's commitment and participation in the project make sure thank you did you have something commissioner Mo no so you're leaning in there ready all in favor I opposed n motion passes 4 to one with commissioner Adams do same thing all right uh can I want to thank you on behalf of city council and the citizens of buo beach for your help thank you thank you sir merry Christmas everybody thank you Merry Christmas we're going to have I get a request for a brief [Music] recess e e e e e e e e e e we'll reconvention the meeting and we're on to Parks and Recreation conservation we have none other than Beth Powell uh for the 2023 2024 parks recreation conservation department project update and Parks division good afternoon indeed good afternoon chairman Commissioners thank you uh today we would like to bring you an update uh from Parks Recreation conservation I'm Beth Powell and I would like to thank Brad duen for being my trustee s kick today uh he's our Park superintendent every so often it's important for us to uh bring these items to you and there's no uh motion or business that needs to be discussed but we did want to give you a presentation over all the accomplishments over the last year so it's probably not as exciting as the previous uh hearings that you had but we'll get we'll get these underway so we wanted to give you the big squeeze today on Indian River County Parks uh in particular we're going to showcase the projects that we have going on for our Park system within Indian River County and as you know we have been very busy uh we've been doing our Master planning uh We've made improvements and or Replacements to playgrounds in the fairgrounds we've worked on access uh through roadways driveways Etc on different Parks properties we've worked on beautification boardwalks and docks and also our favorite restrooms so we just want to highlight these today uh so just a little update on our Parks and Recreation master plan we are currently wrapping up with Pros Consulting we are tying in the cie and all of the data that we've been submitting to uh budget and the County Administrator that will be coming to you uh very soon and we wanted to make sure that you uh had all of that information incorporated into our Parks and Recreation master plan as this is a 10-year plan uh by which we will start to work uh for Progress throughout the county to uh do things like make sure that we have facilities for the uh growth that's coming as well as making sure that our age groups are represented well and that we have Services throughout the county uh particularly in the unincorporated County for all of our residents and also our visitors uh some of the uh that we've been working on in addition to site inventory assessments which Brad has been very uh helpful with and his team have been working really hard on uh also including our needs assessment survey and then Qi qcing are all of our Park inventory so that's what we're working on now incorporating the cie and we expect to have that to you in February it's time to play in Indian River County we are very excited about four playground Replacements that have been completed uh to date our uh staff have uh in addition add to the contractors but our staff have done an enormous amount of Labor and work to get these areas ready for children of all ages to be able to play at some of our favorite uh Park areas like treasure Shores beach park Golden Sands Beach Park Round island Oceanside park with this cute little whale that uh kids can climb on and also uh Helen Hansen we have two more Park uh uh playground Replacements that will be coming uh soon to West park from a grant that we got from F uh from fap uh so that was a grant that Gustavo helped to lead and Joe worked on as well as uh West wabaso uh West wabaso Park and also uh Victor har Park those are our two uh playgrounds that'll be done uh this year the fairgrounds have had a lot of improvements now sometimes these improvements are not as Splendid as we would like but uh things like roofs air conditionings uh uh lighting upgrades all of these uh little improvements make our Fairgrounds more enjoyable for the many thousands of guests that visit with us every single year and these are people from out of town as well as our residents uh we have uh also installed a new basketball hoops uh so that we'll be able to expand some of our uh recreation basketball practices into the fairgrounds because one of the things that's happening is we are running out of space and that's a great thing in Indian River County when it comes to uh people taking advantage of all the different programs that we have access and driveways it's important for us to take care of our infrastructure particularly uh our driveways our parking areas so that um we have the best um location for people to uh be able to access all of these recreational facilities and you can see that uh Golden Sands has more than 128 parking spaces so we have a lot of capacity but it means that we have to take care of these facilities and again it's sometimes things that people will quote unquote drive right by but it makes a big difference when you pull into a park and there's not potholes or uh you know missing parking stops and missing parking lines so you can see what a beautiful job our contractor did with that and they also uh did uh improvements to Donald McDonald uh with a new Paving that goes um off of Rosen Road all the way down to the boat ramp so that's another great Improvement that we have beautification efforts so um Brad's team has been leading the charge in removing Exotics throughout many of our uh Parks areas particularly we focused on round island Oceanside Park SE great beach access and turtle Trail beach access some of these areas like round Island uh he worked with the conservation team and they did Native replanting as well as an improved pathway and also signage uh that provides educational information on all of the gopher tortoises that make that area also their home boardwalks and docks here I you know I sometimes think that it's not possible to see all the things that are within our County it would take hours and we know that from the tour when we uh got to show um uh the County Administrator around and we tried so hard to reach all the areas of our County but sometimes a picture is worth a thousand words you can see here the docks that Brad's team had been working on so we had Middleton Fish Camp Dale wor brro and uh Donald McDonald Campground and all of these areas are uh places that people can access the water they can go fishing and they can get to the water resources that are available we also uh just completed the uh Florida Trans uh Florida Trail which provides uh that uh pedestrian byway from the city of Sebastian and will eventually connect all the way to uh felsmere so those bridges I think had been put in maybe even before I was employed with Indie River County some of them and so it was time for those to get an upgrade and those have all been replaced Well everybody's got to go so one of our favorite least fa projects is bathrooms but what we can do is make these bathrooms uh easy to maintain uh visually aesthetically pleasing and also a place where you feel safe to go and so we have uh different restroom projects that we our team has been working hard on uh we have uh Joe who's been leading uh most of these projects so we really appreciate his help we have a new restroom uh being constructed at hos Schuman we did a lot of uh Renovations at Wes wabaso Park the restroom there as well as the concession area and that was uh LED mostly by a Brad's team and they did a great job round Island we did completed the oceans side and the Riverside septic to sewer so we're getting these restrooms that were historically on uh septic systems con connected to either a step system through the city of D Beach or through actual sewer so those are improvements to the Lagoon as well and then uh kuas Hobart Park you can kind of see from this photo what we've done is we've utilized the uh design from the restroom that EDB EDB did for us at Captain Forester and Pelican Island National Wildlife Refuge those restrooms were built over 20 years ago and they are still beautiful they're very functional they're clean they're aesthetically pleasing and so what we've been doing is working with them to redesign uh using that concept all of our restrooms so when you go into a county park or facility you're going to know exactly where you're at but also um it'll have consistency for maintenance purposes and also upkeep and we know that these restrooms uh have really good longevity so you can see that new uh restroom will be open by or before we have our disc golf tournament in late January uh so we'll probably uh combine a ribbon cutting and it seems odd to ribbon cut but this is a big Improvement for quanis Hobart Park it's one of our largest parks for things like uh family reunions and things like that and so it's important to have restrooms that are now actually going to be a lot closer to The Pavilions which is kind of the heart of the park where the playground the volleyball and also uh both Pavilions are located so it's been relocated the other restroom will be demolished and this was also another septic to sewer because our other restroom was on septic and so this is now connected to sewer coming soon lots of things coming soon and again one of the things that we learned from our Parks and Recreation master plan and from the inventories that were're done from the public and surveys was that we weren't doing a good enough job telling our story and that's why partly why we're here today and then we'll take this presentation we'll also make sure that it's on our social media Pages as well as our web page so that people can really connect to all the information that's out there and they can see all the hard work and all the good work that you guys have been so supportive of and we really appreciate that so uh just to highlight a couple uh we're finalizing the master plan we'll be working on uh MLK Park through a grant funded by the division of historical resources called a tour through time we've been working with the community on that and we're really excited about being able to tell this story of the G for Community weso baso Park we got that fur app grant funding which will help to take the County's money and actually have a bigger project uh by which we can uh replace the playground Victor Hart senior community enhancement complex I feel like we're always doing projects there um but the park is so utilized there's so many people there we've started uh a new a new baby Ballers tennis program there so that's really exciting and that's all volunteer Le so we've had people come to us when they're engaged and actively involved with the parks and then they're connecting to the communities and that's really important we'll be replacing the playground there and then we're also uh building a new restroom concession area this will be connected uh to sewer whereas the current uh system is on septic so yet another uh septic to sewer conversion and it'll be um at the heart of the of the park so that's really serving all of the residents and all of the activities that are going on there and then lastly we have some projects going on at the fairgrounds including the new Marquee which you approved on consent today so that we can get into negotiations with the selected contractor and we're working really hard to get UF ifas an office space there uh which is approved in the cie so that we can get um our UF ifas staff in the heart of our County so they can do more to serve uh all of our residents so these are just a couple highlights and there's so many more but if you want to know more about any River County Parks and Recreation we want to connect all of our uh visitors and all of our residents to all the different ways that we uh are getting the information out we have our website we have the outer spatial app GIS mapping and the program guide and all of this is made possible because of all the Partnerships that we have with it and with G GIS uh Elaine has been doing an amazing job of doing our program guide we're now working on our third program guide and we'll be printing 11,000 of those twice a year that go to Every uh Elementary School aged CH child in the school district and we really appreciate the partnership that we have with the school district as well so uh these are just a few ways that you can uh reach this information and uh get connected to all the things that we have going on in uh facility wise but also program wise and then I would just like to give a special thank you to our Parks team I've been working in the park system almost 25 years now I think in January it'll be 25 years and they have always been so supportive of conservation um they are one of the most amazing groups of people uh that I've had the opportunity to work with they've taught me so much uh throughout all the years and I really uh couldn't do it without you guys and we really appreciate all of your help and Brad I really appreciate your leadership um all of these years and stepping up in ways that he sometimes said he wasn't comfortable doing but he's done it anyway but I think it's through uh his leadership that we are where we're at right now with our Park system and I just want to give a lot of GR attitude to you Brad and your team and that's it unless you have any questions anyone have any questions oh wow thanks a lot 25 years that's incredible it's a a tremendous uh report um and and I will uh also add and to Mike that uh anytime we have an event or An Occurrence in any of our recreational endeavors we see your entire team they're dedicated and I appreciate it I know this board appreciates it because the citizens deserve to have a robust activity and I think that the entire staff is committed to that the other end the building the capital end has to come before us and I I hope that we can continue to do the very the very best so that your team has the right environment to provide for what the citizens deserve thank you thank Mr awful lot of work I I Echo everything you said I think it's great I think this Parks and Recreation and conservation just on a roll right now we need to keep up the momentum yall are doing such a great job I appreciate everything because you know it's near and dear to my heart and just it's just fabulous what I'm seeing yeah yeah just keep it up you know and anything else thank you thank you nothing Mike nothing that's it yeah oh oh thank you councelor that's a little Latin this morning yes yeah true a little bit of legal ease thank you thank you all right with that uh move on to County attorney matters which is the c for a parcel of RightWay located at 7950 66th Avenue ver Beach Florida 32967 P 128 owned by oval L ganen III and Kelly L Jackson and we have counselor Susan pra thank you Commissioners uh good afternoon sueno Deputy County attorney on behalf of indur County um we have a received a counter offer from the property owner um orbal gambin and Kelly Jackson in an imminent domain case that we currently have open um the counter offer to settle uh it winds up being a total of 72,2 $40,000 that's broken down to be $50,000 for the area of take which is a 0.8 parcel um and the cost that she has associated with this which she's entitled to Via Florida statute in the amount of $4,700 for an appraisal and $5,000 for an engineering analysis as well as her statutory attorney's fees in the amount of $2,540 um this would wrap up uh the last parcel on the 66 Avenue street widening project that has gone on over a number uh an amount of years um if you look at the attachment that was provided with the staff report it demonstrates the corner sliver that is the area of take um it is the suggestion from this office that we uh settle this amount um I I do understand that it is higher than what we initially offered in the amount of $122,000 um however in that was back in 2021 um going back and forth in negotiations between our outside Council myself and their uh her attorney um this is what we have come to and this is what she is claiming to be her final um counter offer um so at this point in time in order to um prevent any further expedent it is this uh office's suggestion that we settle this case um I'm available for any questions that you all may have it's been a long road for this project to be completed and this is the pule that allows us to do that this is the very last piece it started in 2007 it's been a long road and if we learned anything about this process it can make take many turns in the end um what's fair and Equitable what's appropriate what's considered and then the rest of it with the experts assessment legal and as you state uh according to Florida law we are responsible for that the taxpayer is responsible for that and at this juncture although it's high it completes the puzzle it may feel a little higher than we should be doing but if we know anything about the history of the the project and these pels we've had this pain many times before and the cost Factor can ratchet not that the the party would the uh property owner would gain but many experts many additional experts will gain and yes ultimately if it goes to court we will have to pay additional funding of the taxpayer funds so in essence the argued debate or the track from it in any way is only going to increase the burden on the taxpayer and not a benefit or may may not be a benefit for the property owner is that fair to say that's fair to say commissioner we going to court you don't know what the uh what what the jury would would say to that however whatever expert fees and costs if you've just noted uh the taxpayer the county would be liable for paying as per F statute we are required to pay all of that so those would be additional costs that would be incurred in going to a trial that was why um our office was suggesting a settlement in this case while we can still keep some of those expert fees and costs at a lower end and this is a global settlement this would deal with um the apportionment fees as well that she's also entitled to for her attorney dealing with the uh mortgage that is on the property as well so this proposed settlement is is has a lot of flavor of cost avoidance in it is what iest yes yes commissioner that is correct um the only thing that is that is left in this particular settlement is we are going to be working out an easement for the final placement of a pipe for drainage just the location other than that everything else is included here and finalized and other that what's in print there is no Express for implied commitment to resources or other than like like this the soil The Fill there's nothing else no sir they are all um lined out here within the memorandum that has been provided to this board and as you noted there are other non-monetary benefits which are the different apron driveways the 24t the 212t and I forget how many I'm sorry loads of sand fill that will be deposited on the property owner's property and it's their duty to uh spread that and to do all that yes we are not required to do any further correct so it's it's drop on demand correct commissioner Mr chairman um I know commissioner L councelor Schuler and even or County Administrator weren't here when we we were ended up buying a lot of it and a lot of the other properties but if I say the O'Brien rule I know that you commissioner moss and commissioner Adams and myself know what we're talking about so I think this definitely applies to to under the arrian rule so even though I may not like it I'll make a motion to uh staff's recommendation a motion in a second we have any other discussion all in favor I opposed motion carried unanimously fine work councelor thank you Commissioners have a wonderful day yeah the Legacy next item is commissioner matters and we do have just one and that would be commissioner Joe amman's commissioner's memorandum regarding Children's Service service advisory committee you have yes sir thank thank you Mr chairman Commissioners I want to talk to you about uh first of all I like to do separate um two supplemental funding requests that's recommended and approved by the Children's Services advisory committee at its regular meeting on December 10th and then when we get done with that I would like to discuss the appointment of how we uh select the committee chairman and what I what I feel we we we should do being my year that I i' I've spent on the as the Children's Services advisory Le aison so first talking about the supplemental funding request the Children's Services advisory committee has continued its commitment to supporting essential programs serving children and families in any River County and on April 9th 2024 we as the board approve the to funding of $2.9 million the Children's Services ofiary committee made a recommendation to fund 47 of the programs submitted to them out of the ones that they decided to submit out of many that were submitted with the total of award being 2.8 million on June 18th 2024 and that's broken down into course health and well-being nurturing and families of communities sucess in school and life so after allocating the 46 seber programs there was a remaining balance if you remember of $128,800 with the seesac recommendation that it be used for future needs in servicing the children and families of this fiscal year 2425 the board approved seesac funding's request for children's programs in fiscal year 2425 and authorized that should a program funding come available through default non-compliance or early termination of awarded program during the fiscal year staff will bring an item to the board for approval of an alternate for approval of an alternate program or service based on the needs of Children and Families in any River County on November 12th 2024 several seesac funded agencies presented at the seac meeting of that day additional funding due to unexpected funding reductions from Southeast Florida Behavioral Health Network and this was done by notified by the Department of Children and Family Services and it impacted the core Services of there was three requests but the third one end up getting their money with a healthy start and Thrive which you know with formally know substance awareness having their funding reduced significantly for this um during that meeting Thrive requested 97,500 for its prevention work programs and the in River County Healthy Start Coalition requested $50,000 for its fatherhood program the seesac committee requested at that time that they return in December after making efforts to secure additional funding from outside sources I can tell you that they did and they did they did very well the uh substance abuse um requested 97 ,000 they got it down to $4,590 Healthy Start for the fatherhood program requested 50,000 and they got that down to [Music] $7,250 so what I would ask you and the reason I'm bringing this up and it didn't come under staff's matters is because that 128,000 that wasn't used by CAC moved into the general fund there's not a contingency fund set up such as what we do with TDC we have a contingency fund for that so this has been moved back to the general fund so this money would come back out of the would come out of the general fund to to fund these should you uh should you vote in the affirmative so um seesac board uh at the meeting last week gave a unanimous uh approval to this and so I'm bringing it back to you uh to have that that 24,500 80 and this $ 7,280 for a total of just over $31,000 uh be given back to staff to distribute accordingly to healthy starting to the uh to the Thrive formally known as substance awareness any questions or staff can certainly answer those questions too but Commissioners what I can tell you also in this and talked with the our assistant County Administrator many times about this I think this shows to where Children's Services has come from and now it gone to how they have excelled so gracefully and so um efficiently it it really it really is is very special the fact that they didn't spend all the money that was allocated to and first of all they left 128,000 out there and hoping it could be used if if the need arised but that went back to the general fund but still they had two organizations that came before them and asked for over well over $100,000 and asked to reduce it and they did and now we're around 31,000 and some change I think it's I think it's a um a motion in awesome government especially by one of our committees so that's my opinion I don't know if you have anything you want to add so question so I'll make a motion that we fund uh 31,000 of the general fund to be split between $245 180 to thrive and $728 to Healthy Start second a motion by commissioner Airman seconded by commissioner Moss any other discussion Mr chair I I think that uh we'll go along with but but let's be mindful that this body uh sets policy I don't know if there's a specific U policy that that c seesac has done in the event we did not have that outstanding balance which I applaud you and and the team for returning those dollars uh I think you said there was 47 what what happens if 45 of the other are similarly situated in this time next year Additionally you mentioned they were reduced um was there a reason why they were reduced I maybe any can answer that but DCF notified uh these organizations that their their funding had just been cut and they were already moved into the program working the program doing what they're supposed to do thinking that knowing not not knowing that would be cut so it actually came from the state of Florida I don't know know if she can add a better answer to that I can't really add more but yes that is correct sou these Florida Behavioral Health cut the programs after they were initiated and started and so it was very abrupt um three of the programs that we fund out of the 47 were impacted by that funding uh as commissioner manman said originally the ask was over $27,000 between tyes and teens program thrives program and Healthy Starts program so they did their due diligence and getting it down to 31,8 60 but it was a surprise to all of us that that funding was cut so and it had been supplemented by the hospital District board um they had some of the the donors that they went out and SE with the hospital District board um John's Island community service uh Dan River Community Foundation an you know Anonymous and in private ownerships so I think they've tapped all their sources okay than well it is uh rather easily supportable based on the Nexus of why we were there or they were there as far as the reduction in in support and in addition uh they while they did have that reduction uh I truly appreciate that they went to all available sources before it came to us this was not hey we left that money on the table now we want it this is stop Gap it's a repair of what they intended to be able to operate on uh unfortunately the grant get pulled back a little bit and and I just want to commend the individual applicants for raising the bar before we have to get to the cash register so thank you seeing nothing else all in favor opposed hey hold up for 5 the next part of my request would be to talk to you about how we do the chairmanship currently the basically somebody volunteers and there's not been a lot of volunteers but thank God we have Miranda Swanson from the health department she's done it probably more than anybody should have done it but she got stuck with it because she believes in the in the system and the uh in the committee so with that part being said I will tell you that being the Comm commissioner appointee this year and I know that commissioner Adams has done this numerous times commissioner Moss has done it I don't know if you've done it Sir Mr chairman but but uh for me um I saw what I saw a little bit was um the fact that a commissioner has to um let me me put this how I wrote it so since commissioner liaison is involved in voting on various items at the B at the BC meetings it is unnecessary for this individual to hold a voting role at the committee level the change will allow for a more streamlined decisionmaking process while stiring uring that that seesac is Guided by a consistent nonpartisan leader and and the reason I say that is because the uh the chairperson I think needs to be somebody that's strong and dealing with some of these personalities not that our chairman hasn't done that at all I just think it's unfair to her to ask her to do it time and time again because she's the only one that stepped up to the plate to be the chairman at least in my knowledge at least the this conversation that I've had U there and with other with other members about about this issue um so I think it's important that if we could put the commission on or they kind of serve the neutral role they're the chairman of the committee and they can bring it back to the commission and and vote on it for I I thought it was kind of odd y'all can certainly disagree with this but for me it was kind of odd to vote on something at the seesack level and then have to voted on it again at this level it was just it was just kind of weird to me and kind of kind of out of sorts a little bit not that I couldn't handle it if you want to leave it like it is I'm okay with that but I just thought it was really kind of a a position that I didn't I didn't really like to to be put in but I think what they need more importantly is consistent leadership knowing that's coming from the board because app because right now somebody volunteers they recommend it and and we say yes what I will tell you is I brought this before seesac at the last meeting and it was voted and approved unanimously they all the members there thought it was a thought it was a good idea so so I I want your thoughts on that but I would I would like to to to have the um the the county attorney's office redo and bring back to us a new ordinance making the making the commission Le on the chairman of the seesack board in a non-voting capacity and I would also add that if you decide to do this we will need to add a 15th member because by taking the commissioner out of that role it it drum drops it back to 14 I would recommend to this board that we make it in at large position and to make that to make that number of 15 so that would give us an additional at large position I hope I explained it carefully and I hope I explained it thoroughly but that's that's the other part of this that that I would like to do so if you and have the County Attorney draft up the pap appropriate stuff so we can move forward with this I appreciate you uh covering All Points because it will require an ordinance change it will require an addition uh to the kadre as you need uh 15 the the the members so you'd have to offset that and then have the chair um and I'm sure commissioner Adams appreciates it because she's the new appointe so I'm sure she appreciates your doing her such a favor I can't help it was this written before I Rel like you guys I'm just saying was this written before I released the yeah okay well what is commission Adams think I mean it's whatever the the board wants but I mean I serve as the chair for affordable housing it's not necessarily un I think you serve as chair for TDC um and I as I recall before my time but possibly not before for your time all the Committees were run by a commissioner a commissioner chaired all the Committees when we had a recreation and yeah so utilities it was cumbersome it it was um but sometimes it does help the continuity of the decision-making process but I go either way we have precedent we have others that operate differently so it's whatever the board wants be careful if you show ambivalence you just [Laughter] did do you have any no conceptual no I think I think it makes sense uh commissioner man's proposal is that a motion I make a I may motion right the motion would be to have the uh County attorney make the appropriate changes to the ordinance to bring back to the board making the appointee liaison of the board of County Commissioners chairman in a non-voting capacity and adding and one additional at large member to bring the number back to the 15 oh second oh okay I I think it was well thought out well thought out thank you Joe we have a motion in a second any further discussion all in Council we good yep got it all in favor I opposed motion carries unanimously next item we're going to move on to the Sol Solid Waste Disposal District change your hats and we're going to look at amendment number one for solid waste recycling recyclables for collection franchise agreement between swid and waste management good afternoon Commissioners for the record mon methal managing director of the solid waste disposal District um I know it's getting late in the day but I'll I'll try to wrap I do have a a few slides for you um I can tell you that uh over the past month since the board approved uh the franchise agreement uh waste management and staff have been working very hard uh on all the all the critical items to make sure that we have a smooth transition uh starting October 1 2025 so um in that process we realized that there were some things that we wanted to clarify in the agreement some some uh some enhancements that would lower some fees uh for residential multif family and and Commercial uh customers ah that would help so definition of uh bulk trash um we we clarified you know what white goods uh mean such as a stove washer dryer fridge uh Etc um and we clarified some exclusions there was The Way It Was Written earlier there was some uh exclusions about Motor Vehicles we we certainly don't want folks putting Motor Vehicles out and considering that bulk so we we kind of clarified that we also enhance the definition of roll carts um currently you know uh we we use um uh I think 64 gallon I think and 96 gallon so we we standardized it so it's all 555 35 gallon 65 gallons 95 gallons so all our literature and everything will be updated and and the roll carts are are of that size so um there was an article 3.2.3 about self hauling and it was actually a meeting in the town of indiv Shores one of the the Town Council Members kind of said well what what does that mean can can a resident self hall and then sort of Apt out out of the universal service and so we we've clarified that uh article to say no you can self hul however you know you will be paying those fees on your Universal tax bill and so just because you decide to take a the conven center or bring it to the landfill doesn't mean you don't have to pay the fee on your Universal collection bill so so that was just a provision that we add it to kind of clarify that a little bit um so article 6.3.6 multifamily containers uh this is predominantly for recycling we used to have 64 gallon recycling carts for multif family um and prior to 2015 this this latest franchise agreement we actually had 95 gallon carts at multif Family containers and what that would do is a bigger sized containers me meant that you had less of them uh so what we're doing is in this amendment kind of clarifying that for multif family communities they're going to have 95 gallon carts uh for for you know recycling purposes and also though if the community decides to have a commercial dumpster or even a rolloff container for recycling that that we'll go ahead and accommodate that as well for multifamilies so that that was a clarification there for for m family and then it came to uh commercial locks one of the things we had in the original agreement here in this franchise agreement was we were requiring all multif family communities and all commercial businesses to to for the huler to put a lock on them on these uh containers and so we had a healthy discussion about that what was the reason why staff put that in the franchise agreement and is is to couple of things one is that you have overfilling that occurs when the con you know the people that are using them they overfill it you have litter outside the container uh so you got rodents and those kind of health issues that can occur uh you also have illegal dumping that can occur if the container is not locked so we thought let's require the hauler to put a lock on all these containers and yes commissioner I have a question about the logistics so so one of the things in this amend we've done is we've we've taken that out okay okay so so so nightmares about somebody at the restaurant losing a key and now I can't throw away garbage and I was having a self-induced panic attack so and instead of trying to get our code enforcement involved and things like that what we've said is we're we're looking at you know Waste Management offered a clean they call it a uh Clean Program and uh know I have a that's a big acronym so we find that somewhere here um is it on here I'm going to it's one of the I'm jumping ahead Community litter Environmental Protection awareness and notice program the Clean Program and so what we're doing is in L of locks we're we've agreed to allow Waste Management to implement this program um we've um I can show I'm just jumping ahead to the slides but this is kind of what it looks like we we see you know a lot of folks using the the container and they don't have the right size container maybe they don't have the right frequency for collection they should just break down their boxes they should they should that's a good example where that business should really be recycling right um and but but it's again having employees that may or may not be following the rules and you got the owner that want wants to do the right thing but they have turnover and staff and and So to avoid what's happening on the left what the Clean Program does is gives you gives you a container situation uh the intent of being on the right side now now there is a awareness in a notice program and you know going back to the previous Slide the first incident would basically uh caus you know the huler to provide a notification uh to to the to the issue there uh and an opportunity for a complimentary audit so Waste Management staff would go there identify that you have an overfilling situation and give them some options and that first fee would be waved um and the idea with the audit is to to say do you want to you know right size your container uh you you have a a four cubic yard container maybe it's not big enough go to a six-yard container uh or maybe a frequency change maybe they're only getting picked up twice a week now they can go to three times a week for for pickup and again trying to reduce this um in those cases if they make the change then then in the future incident that $2 $200 fee you know would would be waved um for that for that incident if they if they make these changes the additional option is then to go also to a gravity lock now there's a cost for the gravity lock it's a onetime fee that over charge would go away now if if if after they get a lock and they continue to have an issue of overfilling then then there would be a charge the maximum charge per month is limited to $800 so you could have an overfilling situation occur but the idea is is we're we're not looking to just continually penalize you know this but to make them aware that we we want you know the container to be right size or the frequency to be right size and if you have a lock then to to make sure that their employees and everybody's is using the locks so we feel like this is going to be a good enhancement and again it it avoids what we were doing was a mandatory requirement for locks and all multifam and Commercial containers and so we've done away with that now not knowing what kind of reaction you're going to get from multifam or from commercial businesses right for enforcing this type of a fine to them uh some of them may get upset that we have this um so what we're doing is we we put in put this in as a 12-month pilot so it'll it'll be something we try for only commercial businesses multif family we're implementing the Clean Program as as of a change uh for for this amendment but for commercial we we're looking at as a 12-month pilot we'll see what kind of feedback we get what kind of push back that maybe phone calls you get or the County Administrator gets or our staff get about this Clean Program um uh we we we'll try it out and and if it is successful then we'll continue on uh but we we are we are looking that as a as a pilot uh going back real quick um so that was the Clean Program the commercial locks one of the other things that has occurred is um in univers Shores in blue Cyprus we've got some exceptions in here for that when it comes to Indi Shores and and and working with the town manager Jim harping um one of the things that they have is large communities that do not uh allow their residents to put yard waist out at the curb it's a community for example John's Island they they require their residents to have a landscaper and for the landscaper to take all their material away when they're done nothing the residents are not allowed to put yard waste out at the curbside in John's Island so the request came is can we get an exception for the yard carded yard waste program why deler carts to those residents if if they're not allowed to put yard waste out at the curb so we we we uh had a healthy discussion uh with the town healthy discussion with Waste Management um with the understanding that those residents would still pay on on their tax bill uh and in the case of town of inion Shores it's going to be administered through the town's uh trim notice process and whatnot but those residents would still pay the same amount of fee as anybody else in any of our Shores we would compensate Waste Management the same as any other Home in any of Shores however those residents will not we won't you know Waste Management won't have to purchase the cart they won't have to deliver the cart or do a weekly collection for yard way services for those residents that the town has identified and it's only for large HOA designated community so we'll have a list from the town of IND Shores and by January 31st 2025 we'll provide that list of Waste Management so they'll know that these are uh areas not to deliver the the yard waste cart and and speaking of of the yard waste cart um as you see in this picture you certainly all recognize the blue cart which is a recycling cart the gray cart which is our garbage cart and um and we're introducing a new yard waste cart the body of it is is going to be a Cocoa Brown and the top is is Orange um I had um I I this is this is me I I'll just say and and I'm I'm welcome to take any input and this is maybe the last chance um do you really want the input though uh I really well let me tell you tell you what I was thinking I really wanted a this is the yard ways program I I wanted a fall look I wanted to give a no to the the citrus uh orange industry if you will even though I'm a gator so this has nothing to do with the Gators um I I I wanted that sort of a fall look to our community if you will as well and so that's why originally wanted an all orange cart but uh my staff said no to that so so there was a compromise with a with a Cocoa Brown uh which is more of a tree trunk this is kind of my vision the tree trunk of you know right I like this abstract Vision that you have Machu and what I really like is how much effort you put put into matching the seasons that's right with the yard waist card right but I am glad that you went for a tree trunk look instead of an orange there you go now those of us in Sebastian have green and blue that's right so is this going to be any color Clash or no so so we on the same truck together yeah well so you don't have a yard waste program uh with a carted yard Wass program in I have to bring it to another commissioner right so so this is only for unincorporated Indi County residents the third cart would be the this cart that we've selected um and uh there's a lot I just Kudos on the amount of thought you put into the color for the yard weight oh my God how many choices did they give you like any color in the world the you know they I think Waste Management because of what's happening with Sebastian having green carts they said you know don't pick Green because there would be a lot of confusion there um but uh might want to whittle down the choices Just for future was yellow on the consideration was yellow pink you know uh was it there was a in California they have purple uh was an option so so we uh so hopefully you'll support my selection here on the Cocoa Brown and the orange but uh they have brown and Colorado gone down the rabbit hole sorry all right no problem no problem um so any questions on any of Shores uh I think we we kind of are supporting their their you know ask for the exception in those communities um and bringing up to Blue Cyprus uh we have what we call a a a six Convenience Center uh at Blue Cyprus Lake uh it's at the entrance of our our park out there and um and the the residents there's about maybe 70 to 80 residents out there that utilize that you know quote unquote unmanned uh Center out there and when this Universal program came up I I think Barbara Burr who's their unofficial spokesperson came here during that time and and said that they have such you know small narrow roads that having curbside collection is something that they did not want they they lik their convenience center out there they wanted to continue to utilize it so we work with them uh to basically also add an exception in this amendment with the same understanding that those res residents will be on the tax bill they will have Universal service like any other residents but they're they're almost kind of being treated like a multi family con complex where where the the containers that they're used to doing now rep Public Services is servicing that uh Convenience Center if you will that will go away waste management will take over the the management of of that Convenience Center if you will and that operation so they'll provide garbage container uh dumpsters uh recy cycling dumpsters bulk service Yard Service all through that centralized area of blue Cyprus um and what we've done as an educational form is we've got a flyer set up that we're uh going to deliver out there with with my business card so if they have any questions uh and my plan is to follow up with a probably a certified letter to them because in the future if somebody moves in uh we want to be on record that we've notify those residents that they will have Universal billing however they're not going to get curbside service that that L of curbside service it's going to be at the blue Cyprus Park that they've had for 30 40 years um and um let's see the limits on Roll carts for solid waste and yard waste um right now residents can buy a second garbage cart and uh they pay a $60 fee for delivery and they don't pay any sort of a monthly fee on that second garbage cart in the new franchise agreement what we had is it's the fee for delivery is $100 and there's an extra monthly fee so your Universal service giv gets you the first cart but if you want a second cart then there's an extra uh monthly building between the hauler and the homeowner so one of the things that we wanted to do is um couldn't really apply sort of a grandfather rule for the past for folks that already have you know second garbage carts but what we've done in this amendment is any anybody that orders a second garbage cart starting January 1 2025 leading up to the start of the new contract that that waste management will communicate to them that we'll wave the delivery fee if you will for for that second card with the understanding that that that Resident is agreeing to a uh you know signing up for monthly service to maintain that second card in the new new contract uh so it'll be communication between waste management and that customer uh you know the idea was that somebody in a current franchise if they were to pay pay $60 get a second garbage cart you know brand new cart and and then October one starts um you know we going to take that cart away because what what's happening is the folks that have two garbage carts now when Waste Management goes to deliver new garbage carts they're only delivering one garbage cart so it's one garbage cart per per resident on the univers uh Universal program and one yard waste cart per customer so is the pickup for that second cart is that between the owner in Waste Management that's correct that's correct what about if I wanted a second yard cart same deal same deal same deal so that's a new program so everybody's going to get one yard Wass cart and after after they get it if they want a second uh yard Wass cart they can purchase it uh for $100 and agree that there was going to be a monthly uh you know billing directly between the homeowner and waste management for that um and and the limits on the the number of cards uh recycling is unlimited but we basically said uh there's a limit of total of four carts so you could have two garbage carts two yard waste carts or you could have one garbage cart and three yard waste carts um so a limit of just four per home is what we're we're doing otherwise it could get really chaotic the number of carts that people have would a second recycle cart be between waste management and the owner no a the recycling is uh they can have additional recycling carts there is no additional fee for recycling collection okay got when are the brown cards going to appear uh Autumn autum just in time for pumpkin spice season um so we are working with them on the delivery schedules we don't want to uh introduce them too early however all of the carts are going to be the new carts will be delivered to Residents prior to October 1 in way in advance of October 1 uh we're working on the schedule uh we're we're again finalizing the colors and the labels and things like that but uh they will be starting to place the orders and get these carts in production an ample time for delivery uh know prior to October 1 uh the start of the the contract so in the unincorporated area unincorporated area yes sir worry you're not getting a new one mine if you want uh couple last things uh we had a rate adjustment in in the original agreement it it still referenced a fuel adjustment uh which is not something that uh that that we've applied uh it was an amendment way back in this current franchise agreement where we removed a fuel adjustment Factor uh for for some reason it was a carryover in the new new franchise agreement so we've agreed to remove that reference to any fuel price adjustments for that and then the introduction of the Clean Program has resulted in some savings uh and sort of negotiating that to do away with all of the lock requirements we were able to work out uh some some savings to our residents um so just want to kind of identify uh some of the numbers um so the collection of additional roll cart that we just talked about the the original price was $15 per month uh there's about a 33% reduction to now $10 a month for that uh the when residents if they decide to put more solid waste out or more yard waste out um that there was going to be a you know price per cubic yard for that we've we've got about a 29% de decrease and those uh prices from $35 to $25 um could couldn't get them to agree to car cleaning uh you know reducing car clean uh and I I can say that uh there's other folks out there that can provide competitive pricing for for for folks that want their carts clean so um the on the commercial side on the supplemental again we we saw about a you know some some further reductions on uh on on the the fee per month for the roll out uh there about a 47% decrease on on some of those prices and multifam um one of the things that when we talk about multif family communities uh recycling cards sometimes they're stored in a building and in in a inside of a building and the driver has to get out and go in there retrieve the cart and then put it back and so there's a an additional fee per month uh we we're able to get a 50% reduction from $20 uh per month per cart down to $10 per month per cart um same thing about a 47% decrease on uh container rollouts and returns for solid waste uh also opening and closing doors and Gates uh you know sometimes we we get complaints about Gates being left open and and so on and so forth and you know damages to Gates and whatnot so we're kind of now putting it on that that the community you know deserves to have that service if they have those you know Gates and whatnot uh but there will be a charge for that and then waste management will ensure that the drivers will ensure making sure those gates are locked um and that's it with that I'll answer any questions but I I recommend approval of amendment one to the franchise room I'll be happy to move appr second any further discussion anything all in favor I opposed motion carries you now thank you very much Merry Christmas great presentation Merry Christmas and nice time thank all right let's uh wrap this up with solid was uh disposal District preliminary budget hearing approve second I have a motion and a second further discussion all in favor I opposed motion carries unanimously solid ways disposal final budget hearing move approval second any further discussion all in favor opposed motion carried unanimously and approval of the swid meeting approval second all in favor opposed motion Carri unanimously that concludes this brief meeting and the reain has come sh oh that was added to consent no yeah that was a consent good yeah so we have anything else no just have a very merry Christmas I just wanted that opportunity to say the same thing and very merry Christmas and happy Hanukkah this is our last meeting of the year and the holiday season is fast approaching as the rains are coming down let's all get home and begin the process to celebrate our holidays woohoo I wish everyone the very best from your commission meeting adjourned