Indian River County

Administration Complex

1801 27th Street, Building

Indian River County Florida

Vero Beach, Florida,

32960-3388

Meeting Minutes - Final

www.indianriver.gov

Board of County Commissioners

Susan Adams, District 1, Chairman

Joseph Flescher, District 2, Vice Chairman

Joseph H. Earman, District 3

Deryl Loar, District 4

Laura Moss, District 5

John A. Titkanich, Jr., County Administrator

William K. DeBraal, County Attorney

Ryan L. Butler, Clerk of the Circuit Court and Comptroller

Tuesday, December 5, 2023

9:00 AM

Commission Chambers

1. CALL TO ORDER

5 -

Present:

Chairman Susan Adams

Vice Chairman Joseph Flescher

Commissioner Joe Earman

Commissioner Laura Moss

Commissioner Deryl Loar

2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF

THE ARMED FORCES

2.B. INVOCATION

Stan Boling, Gracespring Covenant Church

3. PLEDGE OF ALLEGIANCE

Bill DeBraal, County Attorney

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Moved: Item 13.A. to be heard after Item 7.B.

A motion was made by Vice Chairman Flescher, seconded by Commissioner

Loar, to approve the Agenda as amended. The motion carried by the following

vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar

5. PROCLAMATIONS and PRESENTATIONS

23-1089

5.A.

Presentation of Proclamation Designating Pearl Harbor Remembrance Day,

December 7, 2023

Recommended Action:

Recommend Read and Present

Attachments: Proclamation

Commissioner Earman expressed his gratitude to all veterans, both past and present,

for their service and sacrifice.

Cynthia Ryan, Executive Director, Veterans Council of Indian River County, stated

that a brief ceremony would be held at the Heritage Center. Following the ceremony,

a distinguished panel of Navy veterans and experts would lead a discussion about

Pearl Harbor and its impact. This event was open to the public and free of charge.

Stephen Hume, Vice Chairman of the Veterans Council of Indian River County,

expressed his gratitude to the Board for commemorating this day. He emphasized the

importance of remembering this day as it marked a significant event in history.

Read and Presented by Commissioner Earman

6. APPROVAL OF MINUTES

A motion was made by Commissioner Loar, seconded by Vice Chairman

Flescher, to approve the Regular Meeting Minutes of October 17, 2023, and

October 31, 2023 as written. The motion carried by the following vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar

23-1096

6.A.

Regular Meeting of October 17, 2023

Approve

Recommended Action:

Attachments: 10172023 BCC Draft

Approved as written

23-1097

6.B.

Regular Meeting of October 31, 2023

Approve

Recommended Action:

Attachments: 10312023 BCC Draft

Approved as written

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

23-1081

7.A.

SWDD Closures and Collection Service Changes for Christmas and New Years

For informational purposes only - no action required

Recommended Action:

Attachments: Staff Report

No Action Taken or Required

23-1102

7.B.

Indian River County Venue Event Calendar Review

Informational item, Board action not required.

Recommended Action:

Attachments: Staff Report

No Action Taken or Required

8. CONSENT AGENDA

A motion was made by Commissioner Moss, seconded by Vice Chairman

Flescher, to approve the Consent Agenda as amended, pulling Item 8.C. and Item

8.L. for discussion. The motion carried by the following vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar

23-1049

8.A.

Checks and Electronic Payments October 27, 2023 to November 2, 2023

Recommended Action:

Approve the list of checks and electronic payments issued by the Comptroller

Division for the time period of October 27, 2023 to November 2, 2023

Attachments: Comptroller Division Staff Report

Approved

23-1066

8.B.

Checks and Electronic Payments November 3, 2023 to November 9, 2023

Recommended Action:

Approve the list of checks and electronic payments issued by the Comptroller

Division for the time period of November 3, 2023 to November 9, 2023

Attachments: Comptroller Division Staff Report

Approved

23-1027

8.C.

Lobbyist for 2024 Legislative Session

Recommended Action:

County Administration staff recommends that the Board enter into an agreement with

Anfield Consulting, Inc., for lobbying services for the term of January 1, 2024, to

December 31, 2024, and authorize the Interim County Administrator/Assistant

County Administrator to execute the referenced agreement.

Attachments: Staff Report

Anfield Contract 2024

Vice Chairman Flescher requested more information about the outside entity the

County was paying to represent the County's needs and concerns in Tallahassee. He

stated as public servants, the Board had a responsibility to ensure that the citizens'

interests were being taken care of effectively. He commented the entity had been

helpful in some matters but did not think it was sufficient. He requested a detailed

report on their accomplishments and return on investment for the $120,000 the

County was proposing to spend.

County Administrator John Titkanich stated staff was looking to collaborate with

Anfield Consulting Inc. (Anfield) in the upcoming year to create a report that shows

the amount of tax dollars returned to Indian River County. It was essential to have a

voice at the federal level and to ensure that the community received its fair share of

funding from Tallahassee and the Federal Government. Anfield's expertise and

experience, including their work with former Senate President Ken Pruitt, would be

beneficial in navigating the complicated process of securing funding. A post-session

report would be created to translate their efforts into tangible results. Although the

County did not receive any appropriations last year, staff was working with the

legislative delegation to bring more funding into the County.

Additional discussion ensued, with Chairman Adams being in agreement with Vice

Chairman Flescher's concerns. She pointed out that Indian River County was unique

in that the County’s delegation was a two-person delegation with one Senator and

one Representative fighting for the County in Tallahassee. She stated Anfield had

been successful in getting language included in several bills to protect the County in

various matters. Therefore, thought it would be beneficial and healthy to review these

efforts regularly, although some of the benefits were difficult to quantify in monetary

terms.

A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,

to approve staff's recommendation and authorize the County Administrator to

executed the agreement with Anfield Consulting, Inc. The motion carried by the

following vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar

23-1090

8.D.

FY 2022-2023 Records Management Compliance Statements

Recommended Action:

It is recommended that the Chairman be authorized to sign the Records Management

Compliance Statements for Fiscal Year 2022-2023

Attachments: Staff Report

BOCC Compliance Statement

EMS Compliance Statement

SWDD Compliance Statement

Approved staff's recommendation

23-1070

8.E.

Designation of Excess Equipment as Surplus and Authorization for Disposal and

Donation

Recommended Action:

Staff recommends the Board declare the items on the Excess List for 120523 Agenda

as surplus, and authorize their disposal and donation.

Attachments: Staff Report

Excess List for 120523

Approved staff's recommendation

23-1069

8.F.

Designation of Trane US, Inc. as Sole Source Provider for Service Contracts for the

Control Systems

Recommended Action:

Staff recommends the Board of County Commissioners declare Trane U.S. Inc., as

the County’s sole source provider for annual service contracts for the control systems.

Staff also recommends the Board authorize the Purchasing Manager to sign the annual

service agreements, after they have been reviewed and approved by the County

Attorney as to form and legal sufficiency. Finally, staff also recommends that the

Board of County Commissioners authorize Purchasing to issue purchase orders for

the Trane US, Inc. service agreements.

Attachments: Staff Report

Continuation of BAS Service Agreement Year 3

Cont of Intelligent Services Svc Agmt Year 3

Cont of Scheduled Mechanical Service Agmt Year 3

Approved staff's recommendation

23-1060

8.G.

Resurfacing 69th Street From 66th Avenue to SR5/US-1, IRC-1639, Final Payment,

Release of Retainage, and Change Order No. 1

Recommended Action:

Staff recommends approval of Change Order No. 1 and payment of Contractor’s

Application for Payment No. 1639-9 to Timothy Rose Contracting, Inc. in the

amount of $207,784.19 for final payment and release of retainage.

Attachments: Staff Report

Change Order No. 1

Approved staff's recommendation

23-1067

8.H.

Lost Tree Preserve, LLC’s Request for Final Plat Approval for Lost Tree Preserve

PD, Phases 4 and 5 [PD-10-08-01 / 99040238-95045]

Recommended Action:

Staff recommends that the Board of County Commissioners grant final plat approval

for Lost Tree Preserve PD, Phases 4 and 5.

Attachments: Staff Report

Location Map

Final Plat Layout

Approved staff's recommendation

23-1072

8.I.

Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application

Recommended Action:

Staff recommends the Board of County Commissioners authorize the Chair to sign the

FWC Bulk Derelict Vessel Removal Grant Application.

Attachments: Staff Report

FWC Grant Application

Approved staff's recommendation

23-1087

8.J.

Final Pay to CenState Contractors, Inc., for the Central Wastewater Treatment

Facility RAS/WAS Rehabilitation

Recommended Action:

Staff recommends that the Board of County Commissioners approve the final pay and

release of retainage to CenState Contractors, Inc., for a total of $102,533.93

Attachments: Staff Report

Pay Application No 14

Approved staff's recommendation

23-1088

8.K.

GrayMatter Change Order 1 for Industrial Control Systems Network Design

Recommended Action:

Staff recommends that the Board of County Commissioners approve the Work Order

Change Directive with GrayMatter Systems, LLC, in the amount of $20,250.00, for

changes, updates, and additional meetings related to the Industrial Control Systems

Network Design project, and authorize the Chair to execute the same. So long as

there are no changes in the dollar amount under the amount approved, upon adequate

completion of the work set forth in the work orders, staff is directed to make final

payments to GrayMatter Systems, LLC, after review and approval by the Purchasing

Manager and the County Attorney’s Office

Attachments: Staff Report

Work Order Change Directive

Approved staff's recommendation

23-1108

8.L.

Award of Bid No. 2024016, Sporting Clays Facility Improvements (IRC-1847)

Recommended Action:

Staff recommends the project be awarded to GRSC, Inc. in the amount of

$399,120.00. Staff further recommends the Board approve the sample agreement

and authorize the Chairman to execute said agreement after review and approval of

both the agreement and required Public Construction Bond by the County Attorney

as to form and legal sufficiency, and the receipt and approval of required insurance by

the Risk Manager, and after the Contractor has become registered with the Building

Division.

Attachments: Staff Report

Sample Agreement

Deputy County Administrator Mike Zito was pleased to announce that the Sporting

Clays Facility improvement project had finally come to fruition. Mr. Zito extended his

gratitude to Public Works and Infrastructure Project Manager Rob Skok and staff for

their efforts in making this happen. This award was a breath of fresh air in the current

climate, and he was happy to report that the project cost aligned with the Engineers'

estimate. This project would address the ongoing issue of the depth of the Clays

course under wet conditions and elevate it to a thriving condition. The total cost was

$399,120. A $200,000 grant had been received, leaving the total cost for the County

at $199,120.

Chairman Adams stated that the Sporting Clays course gets flooded even with a little

rain because of its location on the property, which requires them to close it down. To

address this issue, they had obtained mitigation credits from the St. Johns River Water

Management District (SJRWMD) and planned to raise and renovate the course. The

project also included revamping the second course.

Commissioner Earman appreciated the effort put into the gun range improvements,

and believed it was a good investment and would enhance the range even further.

A motion was made by Commissioner Earman, seconded by Vice Chairman

Flescher, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

23-1078

9.A.

Supervisor of Elections Leslie R. Swan re: Canvassing Board Appointments

Request for the Chair to Appoint 2024 Canvassing Board Members

Recommended Action:

Attachments: Supervisor of Elections Memo

Katie Otto, Elections Administration Coordinator for the Supervisor of Elections

office, attended the meeting to offer assistance in selecting the Board member and

alternate for the County Canvassing Board for the upcoming 2024 election cycle.

Chairman Adams explained that a candidate who was facing opposition in an ongoing

election could not serve on the Canvassing Board. There were three elections

scheduled for 2024, Presidential Preference, Primary, and General. Vice Chairman

Flescher and Commissioner Loar were the only eligible candidates for the Board

member and alternate positions. After a brief discussion, Vice Chairman Flescher was

selected as the Board member, with Commissioner Loar chosen as the alternate.

Appointed Vice Chairman Flescher to the Canvassing Board with Commissioner

Loar as the alternate.

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE

OFFICE OF THE CLERK TO THE BOARD.

23-1073

10.A.1.

DR Horton, Inc.’s Request for Vacation of the Orchid Reserve Subdivision Plat

[PVSD-06-03-05 / 2004050460-95295] LEGISLATIVE

Recommended Action:

Staff recommends that the Board of County Commissioners vacate the Orchid

Reserve Subdivision plat and authorize the chairman to execute the plat vacation

resolution.

Attachments: Staff Report

Location Map

Resolution

Brandon Creagan, Chief of Current Development, utilized a PowerPoint

presentation to show the Orchid Reserve Subdivision plat property. The property

was located approximately one of a half a mile north of County Road 510, East of

US Highway 1. The plat allowed for 100 residential lots, open space tracks, a

roadway track, and easements. The property owner owned all affected lots within

the property and was planning to reestablish them, with the final plat having a

slightly different configuration. In December 2022, the property was granted a

new preliminary plat for exactly 100 residential lots with no County easements

being retained. However, during the final plat process, the easements would be

re-established.

The Chairman opened the Public Hearing, and as there were no speakers, the

Chairman closed the public hearing.

There was no further discussion on this Item.

A motion was made by Commissioner Loar, seconded by Vice Chairman

Flescher, to approve staff's recommendation and Resolution 2023-075

providing for the vacation of Orchid Reserve subdivision, Plat Book 23, Page

53, Indian River County, Florida, said land lying and being in Indian River

County, Florida. The motion carried by the following vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman,

Commissioner Moss, and Commissioner Loar

The Chairman called for a recess at 9:38 am and reconvened at 9:45 am with all

members present.

23-1084

10.A.2.

Windsor Properties, Inc.’s Request to Rezone Approximately 52.96 Acres from A-1,

Agriculture-1 and RS-3, Residential Single-Family to PD, Planned Development and

to Obtain Conceptual PD Plan Approval for a Project to be known as Windsor

North Village PD [PD-23-01-01 / 2001080111-93560] QUASI-JUDICIAL

Recommended Action:

Staff recommends that the Board of County Commissioners grant approval of the PD

rezoning request and the conceptual PD plan, with the following conditions: 1. Prior to

issuance of land clearing and tree removal permits, the developer must obtain a

County wetlands resource permit. 2. Prior to issuance of a land development permit

for Phase 1, the developer shall: a. Vacate the Ocean Way Subdivision plat via the

formal plat vacation process. b. Provide an official determination from the Florida

Department of State, Division of Historical Resources. c. Obtain all required permits

and/or approvals from Pelican Island National Wildlife Refuge staff. d. Obtain staff

approval of all proposed improvements within the Jungle Trail ROW and/or the Jungle

Trail buffer easement, and demonstrate consistency with the Jungle Trail Management

Plan. e. The 8’ tall masonry wall along northern boundary of the Wabasso Estates

Subdivision shall be removed from all future land development permit plans, and the

northern private driveway shall not be utilized as a construction access. 3. Prior to

issuance of a land development permit for any respective phase, the developer shall:

a. Obtain Planning staff approval of the final landscape plan for the respective phase.

b. Obtain Planning staff approval of the final streetlighting plan for the respective

phase. c. Obtain Environmental Planning staff approval of the final tree protection and

mitigation plan for the respective phase. 4. The developer shall install the 8’ tall

masonry wall along southern boundary of the Turtle Cove Subdivision as early in the

site development process as possible. 5. Prior to issuance of a certificate of

completion for Phase 1, the developer shall: a. Pass the final inspection for each the

building permit for each respective masonry wall. b. Install the northbound left and

southbound right turn lanes on Highway A1A. 6. The developer shall establish the

required 10’ wide limited access easement and 30’ wide Jungle Trail buffer easement

prior to or via the Phase 1 final plat.

Attachments: Staff Report

Chairman Adams introduced the parties for the proceeding as being Windsor

Properties, Inc. and Indian River County. As requested by the Chairman, each

Commissioner disclosed ex parte communications, site visits, or independent

investigations. The Commissioners also affirmed that they had an open mind and could

base their decisions on the evidence presented and the applicable law.

Commissioner Loar stated he had not been to the site but was approached by one

person who began a brief discussion and delivered some paperwork he had not

reviewed.

Vice Chairman Flescher stated that a citizen approached him with traffic concerns on

State Road A1A. During their discussion, he identified the concern related to this

specific site. However, the conversation ended at this point. He stated he was given

some paperwork related to the issue but did not review it. Although he passes by the

site frequently as it falls under District 2, he did not conduct any independent research,

analysis, or conversation related to the project. He was unaware of the project at the

time of the constituent's request.

Chairman Adams stated that a constituent had approached her regarding the project.

As this was a quasi-judicial proceeding, she advised the person not engage in

communication. Additionally she was given paperwork, which she peripherally looked

through but did not read in depth.

Commissioner Earman stated that he had not been to the site. However, a citizen had

approached him regarding possible traffic issues.

Commissioner Moss stated that she had received a copy of a letter from a constituent,

which was public record. She stated she had also tried to investigate with her

appointee on the Planning and Zoning Commission (PZC) regarding the backup

material. She read two sentences from that material that stated several other nearby

property owners had expressed their concerns on different aspects of the project

during the PZC public meeting.

The Deputy Clerk administered the Oath to all persons who wished to speak at the

hearing.

The Chairman opened the public hearing.

Assistant Planning and Development Services Director Ryan Sweeney utilized a

PowerPoint presentation to show the Windsor North Village Planned Development

(PD). The PD was for 52.96 acres with 40 single-family and 6 multi-family units. An

overall density of .87 units/acre, a fitness center, and a staff parking area. Also

discussed were the stormwater plan, environmental and archeological issues, required

improvements, and public benefits.

Mr. Sweeney stated during the Planning and Zoning Commission (PZC) meeting held

on October 26, 2023, the PZC voted unanimously (7-0) to recommend the Board to

grant the conceptual PD plan and special exception approval, subject to the

conditions recommended by the staff. The PZC also approved the preliminary PD

plan/plat concurrently, subject to the Board's approval of the conceptual PD plan and

special exception. Mr. Sweeney added that the staff-recommended conditions had

been updated, and the 8-foot masonry wall along the northern private roadway

connection to State Road A1A had been removed. Additionally, the north private

roadway is now prohibited from being used for construction access.

Commissioner Moss requested clarification from Mr. Sweeney regarding how the

current request aligns with the existing process. She stated according to the

documents, the applicant had asked for simultaneous approval of steps one and two.

It was unclear whether the application had been presented to the Commission once or

twice. Mr. Sweeney responded that the zoning and conceptual PD plan was reviewed

and approved by the PZC; the second step was subject to the Board's approval.

Additional discussion ensued between the Commissioners and Mr. Sweeny regarding

the conceptual landscape, buffer plan, proposed storage area, and construction

schedule.

Mark Justice, the Vice President of Construction and Development at Windsor, along

with Attorney Bruce Barkett, were in agreement with Mr. Sweeny and expressed

their gratitude towards him and his staff for the years of hard work and collaboration.

They appreciated the effort put in by the entire design team to make the project

successful.

The following residents expressed their dissatisfaction with the project, stating that it

would negatively impact their property and way of life.

William and Cathy Ferrell

Ronald and Adele Celli

Commissioner Moss received information about ongoing code violations at Windsor

following the resident's comments. Ms. Moss inquired about the nature of the issues

and whether they would be resolved. Andy Sobczak, Planning and Development

Services Director, responded that the property had faced code enforcement problems

due to the storage of trucks, dumpsters, and other uses. Windsor had a temporary

use permit from the County that allowed the use of a small area that had been

sanctioned by the Planning and Development Department. The development of the

site would eliminate the issues by removing those areas and resolving any previous

code enforcement problems.

There being no further comments, the Chairman closed the Public Hearing.

A motion was made by Commissioner Loar, seconded by Commissioner Earman,

to approve staff's recommendation and adopt Ordinance 2023-017, amending the

Zoning Ordinance and the accompanying zoning map from A-1, Agriculture-1 and

RS-3, Residential Single-Family, to PD, Planned Development, for approximately

52.96 acres of land generally located east of State Road A1A, West of Jungle

Trail, and North of the Windsor PD subdivision; and described herein; and

providing for an effective date. The motion carried by the following vote:

23-1085

10.A.3.

Windsor Properties, Inc.’s Request for Vacation of the Ocean Way Subdivision Plat

[PVSD-90-05-08 / 2023060014-95088] LEGISLATIVE

Recommended Action:

Staff recommends that the Board of County Commissioners vacate the Ocean Way

Subdivision plat and authorize the chairman to execute the plat vacation resolution,

with the following conditions: 1. The requested plat vacation will not release or vacate

the 10-foot-wide right-of-way dedication for State Road A1A. 2. The applicant will

dedicate a County Utilities easement over the existing County Utilities improvements

within the platted subdivision area.

Attachments: Staff Report

Location Map

Plat Vacation Resolution

Ryan Sweeny, Assistant Planning and Development Services Director, stated this

Item was a follow-up to Item 10.A.2. He stated MBV Engineering, Inc., on behalf of

Windsor Properties, Inc., was requesting the Ocean Way Subdivision plat to be

vacated per Florida Statute 177.101. He utilized a PowerPoint presentation to show

the formal plat vacation of the existing conventional subdivision for the Ocean Way

subdivision plat. The project site was located north of Windsor and south of Turtle

Cove. It consisted of twelve single-family lots, a single private road right-of-way on

Ocean Run Lane, county utilities, several private easements, and ten feet of additional

right-of-way along State Road A1A. Mr. Sweeny reviewed the plat vacation

process, noting the County Department of Utility Services determined that a county

utility easement would be required over the existing county utilities improvements

within the platted subdivision area; he further discussed the county utility easement

would cover those utility easements until such time they were reconfigured. The

property owner owned all affected lots and would be developed as part of Windsor

North PD project. He commented that county utilities would be in place until such

time as the utilities were reconfigured, and then, ultimately, the whole area would be

replatted. He stated the following conditions to the requested plat vacation; 1) the

requested plat vacation would not release or vacate the 10-foot wide right-of-way

dedication for State Road A1A, and 2) the applicant would dedicate a county utilities

easement over the existing county utilities improvement within the platted subdivision

area.

The Chairman opened the public hearing.

The following residents expressed their concerns regarding traffic flow and

conservation land.

William Ferrell

Ronald Celli

County Attorney Bill DeBraal responded to Ronald Celli’s concern regarding

conservation land. He stated that the land was platted in 1990 with conservation and

drainage easements between the 12 proposed lots. However, the conservation

easement did not include a drainage easement. The lots have never been developed,

and the conservation easements only existed on paper, and there was nothing there

now that was a conservation or drainage easement. County Administrator John

Titkanich explained that once the plat was vacated, all dedications would be revoked.

Further discussion was had between Chairman Adams, Mr. Sweeny, and Mark

Justice, the Vice President of Construction and Development at Windsor, with regard

to code enforcement issues and the new design, which would include almost an acre

of tree preservation area within the 50-foot buffer. The larger project to replace this

plat would have a new Mangrove habitat and a buffer of 255, 50-foot tall planted

trees. The area immediately to the north, between Turtle Cove and the parking area,

would be a preserved area with existing vegetation.

Commissioner Earman recommended that staff work with Windsor and monitor traffic

in the area during early construction to ensure no negative impact on residents.

There being no further comments, the Chairman closed the Public Hearing.

A motion was made by Commissioner Earman, seconded by Commissioner Moss,

to approve staff's recommendation and Resolution 2023-076, providing for the

vacation of Ocean Way subdivision, Plat Book 13, Page 92, Indian River County,

Florida, said land lying and being in Indian River County, Florida. The motion

carried by the following vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar

B. PUBLIC DISCUSSION ITEMS

23-1105

10.B.1.

Request to Speak from Skylar Jenkins re: idea to increase public safety on our

roadways for bicyclists, pedestrians, drivers, and impacted animals

Recommended Action:

No action required

Attachments: Request to Speak S.Jenkins

Skylar Jenkins, a fifth-grade student at Liberty Magnet School, presented to the

Board her science experiment that tested the effectiveness of glow-in-the-dark

paint on roads. This type of paint was a cost-effective alternative to streetlights

and could improve road safety, especially in areas without streetlights.

Additionally, using glow-in-the-dark road paint in beach communities could

protect sea turtles from overhead lights that may confuse them. Skylar stated she

planned to share her idea with sea turtle conservation groups and requested the

Board allocate funds for this initiative.

Each Commissioner and the County Administrator applauded Skylar’s efforts and

offered their assistance in getting Skylar in contact with state entities and the

Metropolitan Planning Organization (MPO), Public Works, and Road and Bridge

to further her effort.

No Action Taken or Required

C. PUBLIC NOTICE ITEMS

23-1092

10.C.1.

Public Notice of Public Hearing for December 12, 2023, to Consider Amending

an Ordinance Imposing An Additional Cent of Tourist Development Taxes

Attachments: Staff Report

County Attorney Bill DeBraal read the notice into the record.

No Action Taken or Required

11. COUNTY ADMINISTRATOR MATTERS

12. DEPARTMENTAL MATTERS

A. Community Services

B. Emergency Services

C. Human Resources

D. Information Technology

23-1068

12.D.1.

Request for Executive Session - Cybersecurity

Recommended Action:

Staff is requesting an executive session (as allowed under F.S. 119.0725(3)) with

the Board to discuss (2) cybersecurity matters.

Attachments: Staff Report

Dan Russell, Information Technology Director, requested an executive session

with the Board on December 12th, 2023, at 10:30 a.m. The meeting would be

held to discuss two topics related to cyber security. He noted that the meeting

itself, as well as the discussed topics, would be excluded from public release

under Florida Statute 1119.0725(3). The participants in the meeting would

include Chairman Susan Adams, Vice Chairman Joe Flescher, Commissioner Joe

Earman, Commissioner Deryl Loar, Commissioner Laura Moss, County

Administrator John Titkanich, Deputy County Administrator Michael Zito, County

Attorney Bill DeBraal, Cyber Security Technician Rachel Miller, Information

Technology Director Dan Russell, and a certified court reporter.

Chairman Adams accepted the request for the meeting.

No Action Taken or Required

E. Natural Resources

F. Office of Management and Budget

G. Parks, Recreation, and Conservation

H. Planning and Development Services

I. Public Works

23-1080

12.I.1.

Quay Dock Landing Subdivision, Partial Waiver Request to Floodplain Cut and

Fill Balance Requirements, SD-19-04-01 / 2003010102-83528

Recommended Action:

Staff recommends that the Board of County Commissioners approve the 100

Year flood plain waiver for 82 acre-feet (131,600 cubic yards) and then approve

the 10 Year flood plain waiver of 24 acre-feet (37,400 cubic yards) with the

expiration of the waiver to coincide with the Preliminary Plat approval expiration

date (or any extension thereof).

Attachments: Staff Report

Exhibit A - Location Map Street

Exhibit AA - Location Map Aerial

Exhibit B Preliminary Drainage Plan

Exhibit C - 100 Year Floodplain

Exhibit D - 10 Year Floodplain

Exhibit E - 10 Year Cut-Fill Balance

Exhibit F - 100 Year Cut-Fill Balance

Exhibit G - Rise Exhibit

Acting Public Works Director Sean Lieske utilized a PowerPoint presentation to

display the location of the Quay Dock Landing subdivision. The project was

located between Quay Dock Road and 63rd Street, east of US Highway 1, near

the Indian River Lagoon. The site was located within a particular flood hazard

area and fell within the 100-year Base Flood Elevation of five (5) feet.

Mr. Lieske stated according to the Land Development Regulations Section

930.07(2)(i)1.a., a waiver would be necessary for the 10-year and the 100-year

flood storage balance requirements. The regulation also required an equal amount

of cut material for every fill material added without impacting the water by more

than one (1) foot. Failure to obtain these waivers could have an adverse effect on

the development. Former County Attorney Dylan Reingold had stated that if a

request was made for a waiver of the 10-year regulation, a separate request must

be made for a waiver of the 100-year regulation.

He discussed the FEMA flood plain guidelines and the County's participation in

the Community Rating System (CRS). This system helped residents purchase

flood insurance at lower rates. The County was audited every 3-5 years to

establish the CRS rating and the County's flood guidelines were recertified every

few years, with the next audit scheduled for 2024.

Chairman Adams and Mr. Lieske entered into a discussion regarding the potential

impact of granting waivers on the County's CRS points. Mr. Lieske stated that the

CRS points were unaffected by the number of waivers granted. The Stormwater

Division would address how the development would manage stormwater to

ensure it does not impact the adjacent homeowners.

Commissioner Moss sought and received the history of granting waivers and if

there were unexpected consequences by granting them. Mr. Lieske stated that

since 1991, when the Land Development regulations were developed, the County

had granted two waivers for subdivisions and one waiver for commercial

development. Further to his knowledge, there had not been any unexpected

consequences. Senior Civil Engineer Adam Heltemes specified that waivers for

Orchid Landing, previously known as Warren Way and Provence Bay, were

granted in 2005. Mr. Heltemes stated the current proposal ensured that any

waiver granted followed what had been approved on paper to ensure the waiver

was tied to the project and did not continue with the property if the project was

abandoned.

Commissioner Earman expressed concern regarding the filling of wetlands. In

response, Mr. Heltemes acknowledged the concern and stated that currently, it

was possible to mitigate for wetlands and still fill them. However, the impact on

flood storage was not always known. Orchid Landing, which was close to the

river, was situated on a large Department of Transportation (DOT) conveyance

ditch before it reached the mosquito impoundment.

Vice Chairman Flescher and Mr. Lieske entered into discussion regarding the

CRS points and how they benefit residents by lowering their flood insurance

costs. Mr. Lieske emphasized that if the County loses points, it could drop down

to a lower class. Currently, the County was in Class 5, which resulted in

approximately 25% reduction for residents in special flood hazard areas. If points

drop, residents would receive a 20% reduction. However, this only applied if they

were in a special flood hazard area.

A motion was made by Vice Chairman Flescher, seconded by Commissioner

Loar, to approve staff's recommendation. The motion carried by the following

vote:

4 -

Aye:

Nay:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and

Commissioner Loar

1 - Commissioner Moss

23-1082

12.I.2.

Hammock Shores Subdivision, Partial Waiver Request to the 100yr Floodplain

Cut and Fill Balance Requirements, SD-23-11-05/2004120094-95512

Recommended Action:

Staff recommends that the Board of County Commissioners approve the partial

100 Year flood plain waiver in the amount of 52 acre-feet (84,000cubic yards)

and require the project to meet the 10 Year flood cut and fill requirements with

the expiration of the waiver to coincide with the Preliminary Plat approval

expiration date (or any extensions thereof).

Attachments: Staff Report

Exhibit A FIRM Map With Site Location

Exhibit AA - Location Map

Exhibit B Preliminary Drainage Plan

Exhibit C Cut-Fill Calc No Waiver

Exhibit D Cut-Fill Calc 100 Year Waiver

Exhibit-E-Exist. Storage Volume

Exhibit-F-Cut-Fill-Calc-@-10Yr-Flood

Exhibit G 100yr Floodway Rise Calculation

Acting Public Works Director Sean Lieske utilized a PowerPoint presentation to

display the location of the Hammock Shores subdivision. The project was east of

US Highway 1, between 73rd Street and 69th Street. The lots proposed were

approximately 1,734 feet from the banks of the Indian River Lagoon and the

developer may need to raise the houses to get them out of the flood plain.

Mr. Lieske stated according to the Land Development Regulations Section

930.07(2)(i)1.a., a waiver was necessary for the 10-year and the 100-year

cut-and-fill regulations for any work within a floodway. Based on the technical

review committee analysis of the site, the 10-year waiver was not being requested

The County Administrator, John Titkanich, explained that there was a difference

between Hammock Shores and Quay Dock Landing in terms of pre and post

development. The developer would be responsible for ensuring that the

stormwater was handled properly after development, as it was different from

pre-development, due to the new subdivision located nearby, which was not

present before.

Mr. Lieske confirmed for Chairman Adams that the waiver would be tied to the

project and not the property.

A motion was made by Vice Chairman Flescher, seconded by Commissioner

Loar, to approve staff's recommendation. The motion carried by the following

vote:

4 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and

Commissioner Loar

1 - Commissioner Moss

Nay:

J. Utilities Services

13. COUNTY ATTORNEY MATTERS

[Clerks note: This Item was heard after Item 7.B.]

23-1104

13.A.

Resolution in Support of Indian River County Mosquito Control District

Recommended Action:

Staff recommends the Board approve the attached Resolution in support of the Indian

River Mosquito District and authorize the Chairman to execute the Resolution on

behalf of the Board.

Attachments: Staff Report

Resolution

County Attorney Bill DeBraal stated the Indian River Mosquito Control District had

been an independent Special District in Florida since 1925. It derived its income from

ad valorem taxes, not from the Board of County Commissioners. In 2021, the

legislature passed House Bill 1103, which mandated that all independent Special

Districts undergo performance review by the Office of Program Policy Analysis and

Government Accountability (OPPAGA). The review primarily focuses on evaluating

the quality of services the special district delivered. It also compared the services

provided by other municipalities or the county, under similar circumstances. The

Mosquito Control District's services were unique, and they were asking for a

Resolution that would allow them to continue as an independent Special District.

Chairman Adams mentioned that it would be difficult for the County to provide

mosquito control services. She thanked the Executive Director Sherry Burroughs and

staff who were present for their excellent work in controlling mosquitoes in the

County.

Mosquito Control District Executive Director Sherry Burroughs thanked the

Commissioners for their continued partnership with County staff and their support of

the district.

Additional discussion ensued, as each Commissioner shared their thoughts on the

valuable services provided by the Mosquito Control District to the County.

A motion was made by Commissioner Earman, seconded by Vice Chairman

Flescher, to approve staff's recommendation and Resolution 2023-077, supporting

and recommending retention of the current independent Special District status of

the Indian River Mosquito Control District. The motion carried by the following

vote:

5 -

Aye:

Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner

Moss, and Commissioner Loar