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Board of County Commissioners Special Call Meeting Minutes - Final August 12, 2025 <br />response to concerns and confusion from the community. <br />The Chairman opened the floor for discussion. <br />Allisen Giordano, HOA President of Waters Edge, appeared before the Board to <br />discuss the residents' understanding of the situation. Ms. Giordano expressed her <br />confusion with the process, and maintained the position that WEII was not <br />responsible for the culvert replacement costs for several reasons. First, Ms. Giordano <br />stated the HOA never signed an agreement to the costs and had not received any <br />information on meetings regarding the assessment. Attorney Shuler clarified that a <br />written agreement was not standard practice and explained the required notification <br />process. <br />The next item of contention was the corrugated pipes themselves that failed. Residents <br />stated the original permit had called for a concrete pipe, and asserted the County had <br />erroneously approved installation of an inferior corrugated pipe. Ms. Giordano <br />relayed that the residents felt the County committed the permitting error, and therefore <br />the County should pay the replacement costs. Staff explained that the original <br />developer chose to use metal rather than concrete, which was allowable at the time. <br />Additionally, the IRF owned the canal and was responsible for approving the permit; <br />the County had no input in the original construction of the culverts. <br />County Attorney Shuler then discussed the recently received letter from the HOA's <br />new attorney that argued the cost should be spread among all homes along that <br />stretch of 1 st Street SW, not just the WEII residents. Attorneys Shuler and Hicks <br />explained that the culvert under 1st Street SW provided a public benefit because it <br />was a public road, making it the County's responsibility. The crossover culverts <br />offered a private benefit only to the subdivision's homeowners; the County could not <br />assume responsibility since the culverts did not benefit the public <br />Attorney Hicks then provided a timeline of communication exchanged between the <br />County and Attorney Sweeney, including the October 9, 2023 email of Attorney <br />Sweeney's approval on behalf of the HOA to accept the assessment and start work, <br />and a January 31, 2024 email from the Attorney Sweeney asking why the project had <br />not started given the HOA's approval. <br />Ms. Giordano maintained the HOA had never agreed to the cost or assessment. She <br />stated residents were present today to ask that the assessment be shared among all <br />homeowners on 1st Street SW, or not assessed at all. The Board suggested there <br />was a communication breakdown between the HOA and Attorney Sweeney, and the <br />County had gone to great lengths to communicate the facts. They did sympathize with <br />the residents for the cost factor, but noted the County's offer was intended to save <br />them money by combining the projects and offering 15 years with no interest to repay. <br />Indian River County, Florida Page 5 <br />