Laserfiche WebLink
Board of County Commissioners Meeting Minutes - Final November 5, 2024 <br />County Attorney Jennifer Shula stated that to be eligible for the policy, the <br />property owner must demonstrate that they have no practical access to complete <br />their construction project. This policy defined "practical access" as to clarify that <br />financial disadvantage or inconvenience to the owner would not qualify as a valid <br />reason for eligibility. The property owner must prove they cannot proceed with <br />the project without utilizing County parks. Furthermore, the Board might consider <br />specifying that individuals were not eligible if they had created their own lack of <br />access by refusing to grant an easement. This could be an important factor for the <br />Board to consider when determining eligibility. <br />Discussions continued between the Board and staff regarding the distinction <br />between an emergency and a non -emergency with the project. To respond to <br />significant coastal erosion caused by storms, staff would assess the risks to nearby <br />buildings and infrastructure. If erosion put infrastructure at risk, a disaster <br />declaration would be made. This would activate emergency access for coastal <br />construction immediately after the declaration. After each storm, staff would <br />check the coastline to see how much erosion occurred. This would separate <br />emergency situations from non -emergency situations. During non -emergency <br />times, staff would only close one public beach at a time to reduce disruption to the <br />community. <br />The discussion turned to concern about sea turtle nesting, and that beach <br />renourishment should not occur during the nesting season. However, current <br />policies allow homeowners to perform work during that time, creating a double <br />standard. It was mentioned that in such cases, an emergency field order may be <br />issued with guidelines stating that projects must not harm hard -bottom or coral <br />reef communities, seagrass habitats, or existing marine turtle nesting areas. <br />Additionally, the work must not contribute to the erosion of nearby properties, <br />emphasizing the importance of protecting these species. <br />Ms. Powell stated that the current policy was well constructed, she thanked the <br />efforts of the Natural Resources and Coastal teams and thorough attorney <br />reviews. However, if legally possible, the Board may need to consider requiring <br />easements for public benefits. <br />Commissioner Earman requested that the Board make separate motions for each <br />policy. <br />A motion was made by Commissioner Earman, seconded by Vice Chairman <br />Flescher, to approve staffs recommendation for the Emergency Construction <br />Access Policy. The motion carried by the following vote: <br />Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and <br />Commissioner Loar <br />Indian River County Florida Page 14 <br />