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

Joseph H. Earman, District 3, Chairman

Susan Adams, District 1, Vice Chairman

Joseph Flescher, District 2

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, October 31, 2023

9:00 AM

Commission Chambers

1. CALL TO ORDER

5 -

Present:

Chairman Joe Earman

Vice Chairman Susan Adams

Commissioner Joseph Flescher

Commissioner Deryl Loar

Commissioner Laura Moss

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

THE ARMED FORCES

2.B. INVOCATION

Chaplain Lou Tropf, IRC Jail

3. PLEDGE OF ALLEGIANCE

Commissioner Susan Adams

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

A motion was made by Commissioner Flescher, seconded by Commissioner

Moss, to approve the Agenda as presented. The motion carried by the following

vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

5. PROCLAMATIONS and PRESENTATIONS

23-0910

5.A.

Presentation of Proclamation Honoring Mike Rozier on His Retirement From the

Indian River County Sheriff's Department

Recommended Action:

Read & Present

Attachments: Proclamation

Mr. Rozier received congratulations on his 36-year career with the Sheriff's

Department, retiring as Fleet Services Manager. Commissioner Loar shared

anecdotes of his time with Mr. Rozier, with Commissioner Flescher describing him as

the most admired non-uniform personnel in the Sheriff's Department. Mr. Rozier

thanked his extended family for their support and expressed appreciation for his

coworkers who were in attendance. Sheriff Eric Flowers and Captain William Luther

appeared and spoke on his behalf.

Read and Presented

23-0906

5.B.

Presentation of Proclamation Honoring Deputy Jerry Montanaro on his Retirement

from the Indian River County Sheriff's Office

Recommended Action:

Read & Present

Attachments: Proclamation

Mr. Montanaro was celebrated by the Board for his loyalty during his more than

28-year career, most of which was served protecting Courthouse personnel and the

public. He was joined by his wife, and declared he would spend his retirement doing

anything he and his wife wanted. Sheriff Eric Flowers spoke on his behalf both

personally and professionally.

Read and Presented by Commissioner Loar

23-1000

5.C.

Presentation of Proclamation Commending Friends After Diagnosis

Read & Present

Recommended Action:

Attachments: Proclamation

Executive Director Carolyn Thornton Nelson accepted the Proclamation on behalf of

Friends After Diagnosis, an organization that assists women in the community

diagnosed with cancer. Ms. Thornton shared her experience with the organization

which provided support and assistance for a family member diagnosed with cancer.

Commissioner Moss discussed some of the organization's fundraising efforts, and

highlighted the types of assistance offered.

Read and Presented by Commissioner Moss

23-1004

5.D.

Presentation of Proclamation in Support of Unity

Read and Present

Recommended Action:

Attachments: Proclamation

A large, diverse group of the County's civic leaders gathered to receive the

Proclamation in support of kindness and unity. Rabbi Michael Birnholz shared the

inspiration for the viral kindness campaign and the shirts worn by the group which

read, "Spread Sunshine not Hate". He thanked the Board and the County for coming

together in a message of positivity and support. Dr. Peggy Jones also spoke in

support of the group's message.

Read and Presented by Chairman Earman

6. APPROVAL OF MINUTES

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

Adams, to approve the Regular Meeting Minutes of September 26, 2023, and

October 3, 2023 as written. The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0996

6.A.

Regular Meeting of September 26, 2023

Approve

Recommended Action:

Attachments: 09-26-2023 BCC - Draft

Approved as written

23-1002

6.B.

Regular Meeting of October 3, 2023

Approve

Recommended Action:

Attachments: 10032023 BCC Draft

Approved as written

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

23-0976

7.A.

4th Quarter FY 2022/2023 Budget Report

No Action Required

Recommended Action:

Attachments: Staff Report

4th Quarter Budget Report

No Action Taken or Required

23-1001

7.B.

Sebastian River Improvement District Fiscal Year 2023/2024 Regular Board Meeting

Schedule

Recommended Action:

Information Only

Attachments: SRID Meeting FY23-24 Schedule

No Action Taken or Required

23-1005

7.C.

Children's Services Advisory Committee - District 4 Appointee Seat - Resignation &

Appointment

Recommended Action:

Informational Item

Attachments: Memorandum

Michele Falls - Resignation Email

Jeff Andros - CSAC District 4 Appointee

Commissioner Loar thanked Michele Falls for her service and announced his choice

of Jeff Andros for the District 4 Appointee to the Children's Services Advisory

Committee.

No Action Taken or Required

8. CONSENT AGENDA

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

to approve the Consent Agenda as amended, pulling Item 8.N. for discussion. The

motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0988

8.A.

Resolution Cancelling Taxes - Purchased from Harish and Deepti Sadhwani

Recommended Action:

Authorize the Chairman of the Board of County Commissioners to execute the

Resolution to cancel certain taxes upon the property purchased by or donated to

Indian River County for a public purpose, and the Clerk to send a certified copy of

the Resolution to the Tax Collector and the Property Appraiser so that any delinquent

or current taxes can be cancelled.

Attachments: Staff Report

Resolution

Warranty Deed

Approved staff's recommendation and Resolution 2023-067, canceling certain

taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes.

23-0951

8.B.

Approval of Updated Statewide Mutual Aid Agreement between Indian River County

and the Florida Division of Emergency Management

Recommended Action:

Staff recommends approval of the Resolution and updated 2023 Statewide Mutual

Aid Agreement between Indian River County and the Florida Division of Emergency

Management.

Attachments: Staff Report

Mutual Aid Agreement

Resolution

Approved staff's recommendation and Resolution 2023-068, for adoption of [an

updated] Statewide Mutual Aid Agreement. (Indian River County and the Florida

Division of Emergency Services).

23-0963

8.C.

Acceptance and Approval of Expenditures of Emergency Management Program

Grant (EMPG) Federally-Funded Subgrant Agreement; Agreement Number: G0440

Recommended Action:

Staff recommends approval of the EMPG Federally-Funded Subgrant Agreement

(G0440), associated expenditures, and authorization of the Chairman to execute the

agreement between Indian River County Emergency Management and the State of

Florida, Division of Emergency Management

Attachments: Staff Report

IRC Grant Form

EMPG Agreement

Approved staff's recommendation

23-0972

8.D.

Second Amendment for Sandridge Golf Club Maintenance

Recommended Action:

Staff respectfully requests that the Board of County Commissioners approve the

Second Amendment to International Golf Maintenance (IGM) agreement and

authorize Chairman to sign.

Attachments: Staff Report

Approved staff's recommendation

23-0975

8.E.

Florida Inland Navigation District Project Agreement for the Environmental Learning

Center Dock Replacement Part 2, Project #IR-23-77

Recommended Action:

Staff respectfully recommends the Board accept the Project Agreement for

Environmental Learning Center Dock Replacement Part 2, Project #IR-23-77, and

authorize the Chairman to execute the Agreement after review and approval by the

County Attorney.

Attachments: Staff Report

Grant Agreement

Approved staff's recommendation

23-0969

8.F.

Revision to AM-503.1 Holiday Schedule (Personal Day)

Recommended Action:

Staff respectfully requests the Board of County Commissioners approve staff's

recommendation to revise AM-503.1 Holiday Schedule clarifying the Personal Day.

Attachments: Staff Report

AM-503.1 Holiday Schedule

Approved staff's recommendation

23-0986

8.G.

Work Order No. 5 - Morgan & Eklund, Inc., 2024 Beach Profile Monitoring

Surveys (WINTER)

Recommended Action:

The recommendation of staff is for the BCC to approve Work Order No. 5 to the

Professional Land Surveying and Mapping Services contract with Morgan and

Eklund, Inc., in the amount of $62,978.50 and authorize the Chairman to sign the

Work Order on behalf of the County.

Attachments: Staff Report

Morgan and Eklund IRC Winter 2024 WO No. 5

Work Order No. 5 Agreement Execution

Approved staff's recommendation

23-0933

8.H.

Designation of Excess Equipment as Surplus and Authorization for Disposal

Recommended Action:

Staff recommends the Board declare the items on the Excess List for 10-31-2023

Agenda as surplus, and authorize their disposal

Attachments: Staff Report

Excess List

Approved staff's recommendation

23-0953

8.I.

Interfund Borrowing Fiscal Year 2022/2023

Recommended Action:

Staff recommends approval for interfund borrowing as necessary to cover any cash

deficits of individual funds that may occur.

Attachments: Staff Report

Approved staff's recommendation

23-0978

8.J.

Ratification of Increase to Purchase Order 94330

Recommended Action:

Staff recommends the Board ratify the increase of Purchase Order 94330 to

$87,700.

Attachments: Staff Report

Approved staff's recommendation

23-0979

8.K.

Award of RFP 2024007 for Banking and Lockbox Services

Recommended Action:

Staff recommends the Board approve the final ranking of firms, award the RFP to TD

Bank, approve the agreement, and authorize the Chairman to execute it, after review

and approval by the County Attorney as to form and legal sufficiency.

Attachments: Staff Report

Agreement

Approved staff's recommendation

23-0980

8.L.

Award of Bid 2023046 for Hosie Shumann Park Restroom Construction

Recommended Action:

Staff recommends the Board award Bid 2023046 to Jobear Contracting, Inc.,

approve the agreement, and authorize the Chairman to sign the agreement after

receipt and approval of the agreement and the required public construction bond by

the County Attorney as to form and legal sufficiency, and after receipt and approval of

the required insurance by the Risk Manager. So long as there are no changes in the

dollar amount under the agreement, upon adequate completion of the work set forth in

the agreement, staff is directed to make final payment and release any retainage to

Jobear Contracting, Inc., after review and approval by the Purchasing Manager and

the County Attorney’s Office.

Attachments: Staff Report

Agreement

Approved staff's recommendation

23-0981

8.M.

Award of Bid 2023047 for Kiwanis Hobart Park New Restroom and Sewer

Connection

Recommended Action:

Staff recommends the Board award Bid 2023047 to Close Construction Services,

LLC, approve the agreement, and authorize the Chairman to sign the agreement after

receipt and approval of the agreement and the required public construction bond by

the County Attorney as to form and legal sufficiency, after the Contractor has

reactivated its status with the Building Division, and after receipt and approval of the

required insurance by the Risk Manager. So long as there are no changes in the

dollar amount under the agreement, upon adequate completion of the work set forth in

the agreement, staff is directed to make final payment and release any retainage to

Close Construction Services, LLC, after review and approval by the Purchasing

Manager and the County Attorney’s Office.

Attachments: Staff Report

Agreement

Approved staff's recommendation

23-0982

8.N.

Waiver of Requirement for Bids to Procure Road Base Materials

Recommended Action:

Staff recommends the Board of County Commissioners waive the requirement for

bids and authorize the Purchasing Division to issue purchase orders to the three local

mines, as needed, up to the amount approved by the Budget Department.

Attachments: Staff Report

Commissioner Flescher requested information regarding the waiver of bids for the

procurement of road base materials. County Administrator John Titkanich explained

there was fluctuation in the availability and price of materials. Staff requested the

waiver to save time, and to have the flexibility to purchase materials on an as-needed

and available basis. Under discussion with Commissioner Flesher, Administrator

Titkanich offered further explanation of the process used to confirm availability and

prices with local mines, and assured the process would be fair and equitable.

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

to approve staff's recommendation. The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0990

8.O.

Final Ranking of Firms and Authorization to Negotiate - RFQ 2023061 for

Continuing Geotechnical Engineering Consulting Services

Recommended Action:

Staff recommends the Board approve the final ranking of firms, and authorize

negotiations with the recommended firms, in accordance with FS 287.055.

Attachments: Staff Report

Approved staff's recommendation

23-0993

8.P.

Waiver of Requirement for Bids for Tagmarshal

Recommended Action:

Staff recommends the Board waive the requirement for bids, approve the Terms and

Conditions, authorize the Chairman to execute the Terms and Conditions document,

and authorize the Purchasing Manager to execute any necessary lease documents,

after review and approval by the County Attorney as to form and legal sufficiency

Attachments: Staff Report

Tagmarshal Terms and Conditions

Approved staff's recommendation

23-0994

8.Q.

Final Ranking of Firms and Authorization to Negotiate - RFQ 2023062 for

Continuing Architectural Consulting Services

Recommended Action:

Staff recommends the Board approve the final ranking of firms, and authorize

negotiations with the recommended firms, in accordance with FS 287.055.

Attachments: Staff Report

Approved staff's recommendation

23-0992

8.R.

Award of Bid No. 2024006 and FDOT FM No. 440673-1-58-01 Local Agency

Program (LAP) Supplemental Agreement No. 1 and Resolution Authorizing the

Chairman’s Signature for the Trans-Florida Railway Trail from Fellsmere to West of

I-95

Recommended Action:

Staff recommends approval of FDOT LAP Supplemental Agreement No. 1 (FM No.

440673-1-58-01) and adopting the Resolution and authorizing the Chairman to sign

FDOT LAP Supplemental Agreement No. 1. Staff further recommends the project

be awarded to Timothy Rose Contracting, Inc. in the amount of $1,097,499.00 and

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. The Federal

Highway Administration (FHWA) has issued an updated FHWA 1273, “Required

Contract Provisions Federal-Aid Construction Contracts” and this update will be

incorporated into the contract documents for the project.

Attachments: Staff Report

LAP Supplemental Agreement No. 1

Authorizing Resolution

Sample Agreement

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

to approve staff's recommendation and Resolution 2023-069, authorizing the

Chairman’s execution of Local Agency Program (LAP) Supplemental Agreement

No. 1 with the Florida Department of Transportation for Trans-Florida Railway

Trail from Fellsmere to west of I-95 Phase 1 & 2. The motion carried by the

following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

10. PUBLIC ITEMS

23-0943

10.A.1.

Consideration of an Ordinance of Indian River County, Florida, Amending the

Future Land Use Map of the Comprehensive Plan by Changing the Future Land

Use Map Designation for +1.65 Acres Located on the East Side of US Highway

1 Between Jackson Street and 132nd Street from M-1, Medium Density

Residential (up to 8 Units per Acre) to C/I, Commercial/Industrial-

-LEGISLATIVE

Recommended Action:

Based on the analysis, staff and the Planning and Zoning Commission recommend

that the Board of County Commissioners approve the proposed future land use

map amendment and change the future land use designation on the subject

property from M-1 to C/I.

Attachments: Staff Report

Proposed Future Land Use Map

Existing Future Land Use Map

Application LUDA

Ordinance LUDA October 2023 (SJP)

Senior Planner Cindy Thurman utilized a PowerPoint presentation to detail the

request to amend the Future Land Use Map by changing the zoning of the subject

parcels from M-1, Medium Density to C/I, Commercial Industrial. Ms. Thurman

noted the change would correct an inconsistency with the existing zoning, and

align the properties' usage with the County's Comprehensive Plan. The

presentation also showed the purpose, impact to public facilities, consistency,

compatibility and impact on environmental quality. It was noted the Planning and

Zoning Commission approve the request at their September 28, 2023 meeting.

The Chairman opened the public hearing.

Dwayne Dickerson, attorney with Dunay Miskel Backman, appeared before the

Board on behalf of the property owner and supported staff's recommendation.

There being no further comments, the Chairman closed the public hearing.

A motion was made by Commissioner Loar, seconded by Commissioner

Flescher, to approve staff's recommendation and to adopt Ordinance

2023-015, amending the Future Land Use Map of the Comprehensive Plan by

changing the Land Use Map designation for ±1.65 acres located on the east

side US Highway 1 between Jackson Street and 132nd Street from Medium

Density (M-1) to Commercial Industrial (C/I), amending the Future Land Use

Map and providing codification, severability, and effective date. The motion

carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher,

Commissioner Loar, and Commissioner Moss

23-0974

10.A.2.

Consideration of a Land Development Regulation (LDR) Amendment for the Site

Plan Review and Approval Procedures for Solar Facilities (LDRA-23-10-01 /

2022020086-95412) LEGISLATIVE

Recommended Action:

Staff recommends that the Board of County Commissioners adopt the proposed

solar facilities amendment.

Attachments: Staff Report

Draft Ordinance

Ryan Sweeny, Interim Assistant Planning and Development Services Director,

provided an overview of the LDR (Land Development Regulation) Amendment

process, and noted the Planning and Zoning Commission (PZC) approved this

proposed amendment at their September 28, 2023 meeting. Mr. Sweeney went

on to explain that in February 2022, the Board approved an LDR amendment

which changed solar facilities to a permitted use rather than a special exception in

zones A-1, A-2, and A-3. Due to their size, however, solar facilities still required

PZC approval. This proposed amendment would allow approval at the staff level

by treating the facilities as minor site plans; comprehensive site plan approval and

LDR requirements would still be in effect.

In discussion with the Board, Mr. Sweeny confirmed the change would save staff

time, and the requirements exceeded statutory requirements related to solar

facilities.

The Chairman opened the public hearing.

Will Sabayrac, Florida Power and Light (FP&L) Solar Project Manager,

provided an update of the 66 solar facilities they operated in Florida, including

four (4) in Indian River County with two (2) more slated to open in January 2024.

Mr. Sabayrac confirmed there were an additional three (3) facilities in

development for Indian River County, and noted FPL would be deploying

facilities in other counties across the state.

There being no further questions, the Chairman closed the public hearing.

A motion was made by Commissioner Flescher, seconded by Commissioner

Loar, to approve staff's recommendation and to adopt Ordinance 2023-016,

amending Section 914.06 (General Thresholds and Procedures for Site Plan

Review and Approval) of Chapter 914 (Site Plan Review and Approval

Procedures), of the Code of Indian River County; providing for conflict and

severability; providing for codification; and providing for an effective date.

The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher,

Commissioner Loar, and Commissioner Moss

Update Regarding On-Call and Weekend Hours for Code Enforcement Staff

This is an informational item only.

23-0971

12.H.1.

Recommended Action:

Attachments: Staff Report

Rebeca Guerra, Code Enforcement Chief, used a PowerPoint presentation to

update the Board on Code Enforcement's expanded services. She informed there

would be an on-call Code Officer evenings and weekends who could be reached

at a dedicated phone number. Additionally, she provided that the

Board-requested Vacation Rental Code Officer had begun work, and staff would

be collecting records of the expanded activity to share with the Board in the

future.

Chairman Earman expressed his support of the actions Code Enforcement was

taking. The Chairman also asked Andy Sobczak, Planning and Development

Services Director, for his thoughts regarding checking contractor licensing on

weekends and evenings. Mr. Sobczak informed that this issue was something his

department would address after analyzing the results of this recent expansion.

Commissioner Flescher entered into discussion regarding the dedicated phone

number which would put residents in contact with a live person, as well as faster

responsiveness to messages left outside of the expanded hours. Vice Chairman

Adams discussed different scenarios regarding code enforcement violations and

how they would be handled.

No Action Taken or Required

23-0989

12.H.2.

Stormwater Inspection Fees for Solar Facilities

Recommended Action:

Staff recommends that the Board of County Commissioners adopt the proposed

inspection fee for solar facilities and the associated fee resolution.

Attachments: Staff Report

Draft Fee Resolution

Andy Sobczak, Planning and Development Services Director, brought forth a

request to modify storm water inspection fees for solar facilities. Mr. Sobczak

displayed the Public Works fee schedule as he discussed the request by Florida

Power and Light (FP&L) to have a second look at the $1,000 per acre

inspection fee for a Major Site Plan Commercial Project. He explained that while

solar projects could be hundreds of acres in size, the area of site improvements

was more modest and warranted an inspection fee category specific to solar

facilities. Mr. Sobczak reported staff's analysis which concluded the $1,000 per

acre fee should be applied "per acre of impervious area" (rather than total area),

which was proportional to the level of staff time involved and would adequately

cover County costs.

A motion was made by Commissioner Loar, seconded by Commissioner

Flescher, to approve Resolution 2023-070, establishing a Public Works

inspection fee for solar facilities. The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher,

Commissioner Loar, and Commissioner Moss

I. Public Works

J. Utilities Services

13. COUNTY ATTORNEY MATTERS

14. COMMISSIONERS MATTERS

A. Commissioner Joseph H. Earman, Chairman

B. Commissioner Susan Adams, Vice Chairman

C. Commissioner Joseph E. Flescher

D. Commissioner Deryl Loar

E. Commissioner Laura Moss

15. SPECIAL DISTRICTS AND BOARDS