Indian River County  
Administration Complex  
1801 27th Street, Building  
A
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, August 20, 2024  
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  
Rev. Dr. Joseph LaGuardia, First Baptist Church of Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Commissioner Loar requested Items 13.D. and 13.E. be deleted from the Agenda,  
preferring to revisit the items in late October. County Attorney Bill DeBraal noted that  
Item 13.D. was not drafted by his office; it was drafted by a different department and  
placed under the Attorney's Matters.  
A motion was made by Commissioner Loar, seconded by Commissioner Moss, to  
approve the Agenda as amended, deleting Items 13.D. and 13.E. 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  
24-0679  
5.A.  
Presentation of Proclamation Honoring William K. DeBraal for 21 Years of  
Distinguished Service to the Indian River County Board of County Commissioners  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
County Attorney Bill DeBraal was joined by his family as he was lauded for his 21  
years of service to the Board of County Commissioners. The Commissioners each in  
turn shared personal stories of their time working with Mr. DeBraal and his  
accomplishments from the time he was the County Forester up to his time as the  
County Attorney. Attorney DeBraal thanked his mentors, staff, the Board, and  
especially his wife for supporting him throughout his career.  
Read and Presented  
24-0569  
5.B.  
Proclamation Honoring Blake Alan Bartholomew On His Retirement From Indian  
River County Department of Emergency Services Fire Rescue Division  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Indian River County Fire Rescue Chief David Johnson was joined by several  
members of the division as the Board lauded Mr. Bartholomew's 35-year career,  
which saw him rise from Emergency Medical Services Paramedic to an Engineer  
specializing in Aircraft Rescue and Firefighting (AARF). The Board thanked him for  
his service, and Chief Johnson praised his inspirational leadership and sense of humor.  
Mr. Bartholomew was joined by his family as he expressed appreciation for the  
support he received and urged everyone to maintain a healthy sense of humor.  
Read and Presented  
24-0680  
5.C.  
Presentation of Proclamation Supporting the Annual Vero Beach Tunnel to Towers  
5K Run & Walk  
Recommended Action:  
Read & Present  
Attachments: Proclamation  
A spokesperson for the Tunnel to Towers Foundation accepted the Proclamation and  
encouraged participation in this year's run/walk race which would be held on  
September 7, 2024 at Riverside Park. The Foundation raised money to house  
gold-star families and injured veterans.  
Read and Presented  
6. APPROVAL OF MINUTES  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve the Regular Meeting Minutes of June 4, 2024, and June 18,  
2024, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0621  
6.A.  
Regular Meeting of June 04, 2024  
Approve  
Recommended Action:  
Attachments: 0604024 BCC Draft  
Approved  
24-0633  
6.B.  
Regular Meeting of June 18, 2024  
Approve  
Recommended Action:  
Attachments: 06182024 BCC Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
24-0568  
7.A.  
Administrator Approved Work Orders  
Recommended Action:  
There is no action required by the Board as this is being presented for informational  
purposes only.  
Attachments: Staff Report  
Administrator Approved Work Orders as of 7-1-24  
No Action Taken or Required  
24-0674  
7.B.  
Indian River County Code Chapter 309, Fair Housing - Annual Report  
Attachments: Staff Report  
No Action Taken or Required  
24-0601  
7.C.  
3rd Quarter FY 2023/2024 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
3rd Quarter Budget Report  
No Action Taken or Required  
24-0592  
7.D.  
Florida Public Service Commission Consummating Order PAA Order  
PSC-2024-0223-PAA-EI, approving Florida Power and Light's AFUDC rate,  
effective 1/1/24; is available for review in the Office of the Clerk to the Board.  
Recommended Action:  
Information Only  
No Action Taken or Required  
24-0593  
7.E.  
Florida Public Service Commission Consummating Order Final Order  
PSC-2024-0227-S-EI approving stipulations; docket to be closed administratively  
once the true-up compliance filing and revised tariff have been received, reviewed and  
approved by staff, is available for review in the Office of the Clerk to the Board  
Recommended Action:  
Information Only  
No Action Taken or Required  
24-0594  
7.F.  
Florida Public Service Commission Consummating Order PAA Order  
PSC-2024-0231-PAA-EQ approving Florida Power and Light's revised renewable  
energy tariff and standard offer contract; if no protest, order to become final and  
effective on issuance of a CO, if order becomes final, docket to be closed and is  
available for review in the Office of the Clerk to the Board.  
Recommended Action:  
Information Only  
No Action Taken or Required  
24-0607  
7.G.  
Florida Public Service Commission Consummating Order PSC-2024-0260-CO-EI,  
approval of change in rate used to capitalize allowance for funds used during  
construction (AFDUC) from 6.37% to 6.76% effective 1/1/2024, is available for  
review in the Office of the Clerk to the Board  
Recommended Action:  
Information Only  
No Action Taken or Required  
24-0624  
7.H.  
Florida Public Service Commission Consummating Order PSC-2024-0281-CO-EQ,  
approval of renewable energy tariff and standard offer contract, by Florida Power  
and Light Company and is available for review in the Office of the Clerk to the Board.  
(File ID: 24-0624)  
Recommended Action:  
Information Only  
No Action Taken or Required  
24-0611  
7.I.  
St. Johns River Water Management District Revised 2024 Governing Board Meeting  
Schedule.  
Recommended Action:  
Information Only  
Attachments: St. Johns River Water Management District  
No Action Taken or Required  
24-0615  
7.J.  
Dori Slosberg Driver Education Safety Act - Driver Education Program Trust Fund  
Report - Cumulative Reporting through 06/30/24  
Recommended Action:  
No action required  
Attachments: Comptroller Division Staff Report  
No Action Taken or Required  
24-0626  
7.K.  
SWDD Closures and Collection Service Changes for Labor Day  
No action required - for informational purposes only  
Recommended Action:  
Attachments: Staff Report  
Chairman Adams made mention of the schedule changes for the holiday.  
No Action Taken or Required  
24-0631  
7.L.  
2025 Holiday Schedule  
Recommended Action:  
None required. Informational only.  
Attachments: Staff Report  
No Action Taken or Required  
24-0658  
7.M.  
Event Calendar  
Recommended Action:  
Informational item, no action required.  
Attachments: Staff Report  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve the Consent Agenda as amended, pulling Items 8.U., 8.A.I., and  
8.A.O. for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0545  
8.A.  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments June 7, 2024 to June 13, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of June 7, 2024 to June 13, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0546  
Checks and Electronic Payments June 14, 2024 to June 20, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of June 14, 2024 to June 20, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0567  
Checks and Electronic Payments June 21, 2024 to June 27, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of June 21, 2024 to June 27, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0590  
Checks and Electronic Payments June 28, 2024 to July 4, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of June 28, 2024 to July 4, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0595  
8.E.  
8.F.  
8.G.  
8.H.  
8.I.  
Checks and Electronic Payments July 5, 2024 to July 11, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of July 5, 2024 to July 11, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0602  
Checks and Electronic Payments July 12, 2024 to July 18, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of July 12, 2024 to July 18, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0616  
Checks and Electronic Payments July 19, 2024 to July 25, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of July 19, 2024 to July 25, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0635  
Checks and Electronic Payments July 26, 2024 to August 1, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued from July 26, 2024 to  
August 1, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0620  
County Capital Asset Inventories  
Recommended Action:  
Approve the list of assets to be removed from the inventory system  
Attachments: Comptroller Division Staff Report  
Approved  
24-0622  
8.J.  
8.K.  
8.L.  
8.M.  
Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2024  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
24-0663  
Quarterly OPEB Trust Report for the Quarter Ending 06/30/2024  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
24-0664  
Quarterly Investment Report for the Quarter Ending 06/30/2024  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program  
for Fiscal Year 2025  
24-0605  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve the  
utility rate resolution for Fiscal Year 2025 and authorize the Chairman to execute the  
resolution on behalf of the Board.  
Attachments: Staff Report  
Utility Allowance  
Resolution  
Approved staff's recommendation and Resolution 2024-034, approving revisions to  
the Housing Choice Voucher Program Utility Allowance Schedule for Fiscal Year  
2024.  
24-0637  
8.N.  
Partial Release of Conservation Easement - Town of Orchid  
Recommended Action:  
Staff request the Board grant the partial release of conservation easement allowing the  
chair to sign said release upon payment of fee-in-leu to the County for area to be  
released.  
Attachments: Staff Report  
Partial Release with Sketch and Legal  
Copy of Recorded Conservation Easement  
Sketch of Area to be Released  
Approved staff's recommendation  
24-0645  
8.O.  
Resolution Cancelling Taxes - Keith Morgan, Jr., Trustee - J.R. Graves AOE  
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  
Right-of-Way Deed  
Approved staff's recommendation and Resolution 2024-035, cancelling certain  
taxes on publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
(Morgan)  
24-0681  
8.P.  
Resolution Cancelling Taxes on Properties Purchased for Public Purpose - Ryall  
Development Group, LLC - Right-of-Way and Retention Pond - Liberty Park  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel certain taxes upon the properties purchased by 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  
Right-of-Way Deed  
Special Warranty Deed  
Receipt Pro-Rated Taxes  
Approved staff's recommendation and Resolution 2024-036, cancelling certain  
taxes on publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
(Ryall)  
24-0609  
8.Q.  
Approval of Replacement Marine Vessel  
Recommended Action:  
Staff recommends that the Board authorize the purchase of the marine vessel and  
authorize the Purchasing Division to issue a Purchase Order to Life Proof Boats in the  
amount of $542,693.17  
Attachments: Staff Report  
Life Proof Quote  
Approved staff's recommendation  
24-0610  
8.R.  
Approval of 2024-2025 State Funded Subgrant Agreement (T0363) To Update  
Indian River County’s Hazards Analysis  
Recommended Action:  
Staff recommends Approval of 2024-2025 State funded Subgrant Agreement  
(T0363) To Update Indian River County’s Hazards Analysis.  
Attachments: Staff Report  
HA Grant Agreement  
IRC Grant Form  
Approved staff's recommendation  
24-0587  
8.S.  
Approval of Blue Medicare Advantage Renewal  
Recommended Action:  
Staff recommends and respectfully requests that the Board approve the renewal of the  
Blue Medicare Advanced Platinum PPO plan effective October 1, 2024 through  
September 30, 2025 and authorize the Chairman to execute the renewal agreement  
Attachments: Staff Report  
BlueMedicare Advanced Platinum PPO  
BlueMedicare Master Agreement  
Approved staff's recommendation  
24-0632  
8.T.  
Information Technology Acceptable Use Policy Revision  
Recommended Action:  
Staff recommends that the Board approve the revisions to the Acceptable Use Policy  
(AM-1200.21) and replace the existing Acceptable Use Policy in the APM.  
Attachments: Staff Report  
AM-1200.21 - Acceptable Use v1.3  
Approved staff's recommendation  
24-0651  
8.U.  
Anchoring Limitation Area Interlocal Agreement  
Recommended Action:  
Staff requests approval from the Board of County Commissioners on the draft  
Interlocal Agreements establishing the responsibilities of the County and municipalities  
in the establishment, maintenance, and enforcement of the proposed Anchoring  
Limitation Areas. Staff also requests approval from the Board of County  
Commissioners to execute each Interlocal Agreement upon approval and receipt from  
the associated municipality and upon concurrence from the County Attorney.  
Attachments: Staff Report  
May 21.2024 BCC Agenda Item 12.E.1  
ILA for the City of Sebastian  
ILA for the City of Vero Beach  
ILA for the Town of Indian River Shores  
Commissioner Moss thanked Municipal partners, activists, and staff who worked to  
bring the anchoring limitations to fruition. Vice Chairman Flescher added his  
recommendation for increased information and awareness throughout the boating  
community.  
A motion was made by Commissioner Moss, seconded by Chairman Adams, 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  
24-0662  
8.V.  
Sector 4, Hurricanes Ian and Nicole Pre-Construction Late Season Sea Turtle  
Services, Coastal Technology Work Order No. 2023051-03  
Recommended Action:  
The recommendation of staff is for the Board to approve Work Order No.  
2023051-03 to the contract with Coastal Technology Corporation and authorize the  
Chairman to sign on behalf of the County.  
Attachments: Staff Report  
Coastal Tech Work Order  
Fee Schedule  
Agreement Execution  
Approved staff's recommendation  
24-0596  
8.W.  
First Extension and Amendment to Agreements for Annual Fiber Optic Engineering,  
Design, Material, Supplies and Installation (Bid 2023056)  
Recommended Action:  
Staff recommends the Board approve the first extension and amendment to the  
agreement with Bore Tech Utilities & Maintenance, Inc., and the first extensions to  
the agreements with Precision Contracting Services, Inc., and Gerelcom, Inc., and  
authorize the Chairman to sign them after approval by the County Attorney as to form  
and legal sufficiency.  
Attachments: Staff Report  
Bid - First Extension & Amendment - Bore Tech  
Bid - First Extension - Gerelcom  
Bid - First Extension - PCS  
Approved staff's recommendation  
24-0600  
8.X.  
Miscellaneous Budget Amendment 06  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2023-24 budget.  
Attachments: Staff Report  
2023 2024 Resolution  
Exhibit "A"  
Approved staff's recommendation and Resolution 2024-037, amending the Fiscal  
Year 2023-2024 Budget.  
24-0619  
8.Y.  
Award of Bid 2024056 for Trans Florida Rail Trail Boardwalk Repairs 2  
Recommended Action:  
Staff recommends the Board award Bid 2024056 to Southeastern Marine  
Services Group, Inc., approve the agreement, and authorize the Chairman to  
sign the agreement after receipt and approval of the agreement by the County  
Attorney as to form and legal sufficiency, and after receipt and approval of  
the required insurance by the Risk Manager.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0625  
8.Z.  
Award of Bid 2024051 for Fran Adams (North County Park) Restroom/Concession  
Remodel  
Recommended Action:  
Staff recommends the Board award Bid 2024051 to Island Harbor Custom Builders,  
Inc., approve the agreement, and authorize the Chairman to sign the agreement after  
receipt and approval of the agreement and 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.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0639  
8.AA.  
Amendments to Banking and Lock Box Agreements  
Recommended Action:  
Staff recommends the Board approve the amendments to the Regions Bank and TD  
Bank agreements, and authorize the Chairman to sign, after review and approval by  
the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
First Amendment to the Agreement  
Amendment to Regions Bank MSA  
Approved staff's recommendation  
24-0641  
8.AB.  
First Amendment to Agreement for Annual Custodial Services for the County  
Administration Complex (Bid 2022022)  
Recommended Action:  
Staff recommends the Board approve the first amendment to the agreement with  
General Building Maintenance dba Pritchard Industries and authorize the Chairman to  
sign them after the County Attorney’s approval as to form and legal sufficiency, and  
after receipt and approval of the required insurance by the Risk Manager.  
Attachments: Staff Report  
First Amedment  
Approved staff's recommendation  
24-0642  
8.AC.  
Award of Bid 2024055 - Annual Bid for Utility Operations Warehouse Stock  
Recommended Action:  
Staff recommends the Board award Bid 2024055 to Core & Main, LP and authorize  
the Purchasing Division to issue blanket purchase orders for the purchase of contract  
items Staff also recommends the Board authorize the Purchasing Manager to renew  
this bid at the same rates for two (2) additional one (1) year periods subject to  
satisfactory performance, vendor acceptance, and the determination that renewal of  
this annual bid is in the best interest of Indian River County.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0643  
8.AD.  
Approval of Direct Purchase of Pedestrian Bridge for JRTC Walking Trail Project  
Recommended Action:  
Staff recommends the Board approve the purchase of the bridge, as authorized by the  
County Administrator.  
Attachments: Staff Report  
Invoices  
Approved staff's recommendation  
24-0644  
8.AE.  
Rejection of Bid 2024060 for Medical Supplies for Persons with Special Needs  
Shelter  
Recommended Action:  
Staff recommends the Board reject the bid received in response to invitation to bid  
2024060.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0650  
8.AF.  
Award of RFP 2024050 Gifford Customer Convenience Center Beautification  
Project  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, approve the  
agreement, and authorize the Chairman to execute it, after review and approval by the  
County Attorney as to form and legal sufficiency, and after approval of the required  
insurance by the Risk Manager.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0669  
8.AG.  
Authorization to Increase Blanket Purchase Orders  
Recommended Action:  
Staff recommends the Board of County Commissioners waive the requirement for  
bids and authorize increases to the listed Purchase Orders, as approved by Budget.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0670  
8.AH.  
Approval of Purchase Order for Bent Pine Culvert Replacement to CK Contractors  
& Development, LLC  
Recommended Action:  
Staff recommends the Board approve the purchase order for repairs to the culvert  
and authorize the Purchasing Manager to approve change orders for unanticipated  
conditions, up to a total PO amount of $100,000.  
Attachments: Staff Report  
CK Quote  
Approved staff's recommendation  
24-0564  
8.AI.  
Work Order Number 4 - Amendment 1, Dune Crossover Replacement of Two Dune  
Crossover Structures and One Dune Crossover Ramp Repair at the Tracking Station  
Beach Access  
Recommended Action:  
Staff respectfully requests the Chairman approve Work Order 4 Amendment 1,  
Coastal Waterways Design & Engineering, LLC Continuing Engineering Services  
RFQ2010008- Dune Crossover Replacement of Two Dune Crossover Structures  
and One Dune Crossover Ramp Repair at Tracking Station Beach Access, and the  
County Administrator execute Work Order 4 Amendment 1 under the signing  
authority granted by the Board of County Commissioners at the July 2, 2024 BCC  
meeting, and after review and approval by the County Attorney.  
Attachments: Staff Report  
Tracking Station Dune WO4A1  
Parks Recreation and Conservation Director Beth Powell brought the item to the  
Board's attention in order to modify staff's recommendation. She requested removal  
of the direction to have the County Administrator sign the agreement; the document  
was to go through the regular routing procedures.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve staff's recommendation, as modified. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0617  
8.AJ.  
United Way Pickleball Tournament License Agreement  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
License Agreement with United Way of Indian River County Inc. and authorize the  
Chairman to execute the agreement after review and approval for legal sufficiency by  
the County Attorney.  
Attachments: Staff Report  
United Way Pickle Ball Agreement  
Approved staff's recommendation  
24-0654  
8.AK.  
Final Payment Including Release of Retainage for Bid No. 2021007 for Kroegel  
Homestead Improvements  
Recommended Action:  
Staff respectfully requests approval of Payment Applications No. 4 & No.5, in the  
amount of $17,341.63, to PRP Construction Group, LLC, which will release any  
further obligations of the County from the Contractor.  
Attachments: Staff Report  
PRP Pay App No. 4  
PRP Pay App No. 5  
Approved staff's recommendation  
24-0656  
8.AL.  
Earman Island Phase IV Revegetation - Final Completion and Payment of the  
180-day Maintenance Period  
Recommended Action:  
Staff respectfully recommends approval of Invoice #3611, in the amount of  
$47,421.25, to Sandhill Environmental Services, LLC, which will release any further  
obligations of the County from the Contractor  
Attachments: Staff Report  
Invoice #3611  
Approved staff's recommendation  
24-0659  
8.AM.  
The Vero Beach Rotary Foundation Inc. Kids Triathlon License Agreement  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
License Agreement between Indian River County and The Rotary Club of Vero  
Beach and authorize the Chairman to execute the same after review and approval for  
legal sufficiency by the County Attorney.  
Attachments: Staff Report  
Rotary Club License Agmt  
Approved staff's recommendation  
24-0660  
8.AN.  
National Park and Recreation Association Memorandum of Understanding for Million  
Coaches Challenge Grant Program  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners accept the Million  
Coaches Challenge Grant and authorize the Chairman to execute the Memorandum of  
Understanding after review and approval by the County Attorney.  
Attachments: Staff Report  
NRPA Million Coaches MOU  
Approved staff's recommendation  
24-0661  
8.AO.  
Work Order Number 25 - Amendment 4, Continuing Engineering Services RFQ  
2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and  
Utility Service Plans Revisions  
Recommended Action:  
Staff respectfully requests that the Chairman approve Amendment No. 4 to Work  
Order 25, Kimley Horn and Associates, Inc. Continuing Engineering Services  
RFQ2010008 Hobart Park Restroom Connections and Utility Service Plans  
Revisions and the County Administrator execute Amendment No. 4 to Work Order  
25, under the signing authority granted by the Board of County Commissioners at the  
July 2, 2024, BCC meeting, and after review and approval by the County Attorney.  
Attachments: Staff Report  
Hobart Restroom WO25A4  
Parks Recreation and Conservation Director Beth Powell brought the item to the  
Board's attention in order to modify staff's recommendation. She requested removal  
of the direction to have the County Administrator sign the agreement; the document  
was to go through the regular routing procedures.  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
to approve staff's recommendation, as modified. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0678  
8.AP.  
Treasure Coast Food Bank License Agreement  
Recommended Action:  
Staff respectfully request that the Board of County Commissioners approve the fee  
waiver request, which waives the $135 daily non-profit acreage fee for the four  
requested dates, by the Treasure Coast Food Bank at the Indian River County  
Fairgrounds and authorize the Parks, Recreation and Conservation Director to  
execute the License Agreement after review and approval for legal sufficiency by the  
County Attorney.  
Attachments: Staff Report  
License Agreement  
Exhibit A and B  
Attachment - Letter  
Approved staff's recommendation  
24-0628  
8.AQ.  
Amendment to the Public Transportation Grant Agreement (PTGA) with the Florida  
Department of Transportation (FDOT) for Intercounty Bus Service  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Public  
Transportation Amendment to the Public Transportation Grant Agreement and adopt  
the proposed resolution authorizing the Chairman to sign the agreement.  
Attachments: Staff Report  
Amendment to the PTGA  
Authorizing Resolution  
Grant Budget Form  
Approved staff's recommendation and Resolution 2024-038, authorizing the  
execution of a Public Transportation Amendment to the Public Transportation  
Grant Agreement with the Florida Department of Transportation.  
24-0629  
8.AR.  
Request for Authorization to Submit an Application for Section 5311 Grant for Rural  
Transit Operating Assistance Funds  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the resolution  
authorizing the filing of the Section 5311 grant application.  
Attachments: Staff Report  
Authorizing Resolution  
Section 5311 Grant Application  
Grant Budget Form  
Approved staff's recommendation and Resolution 2024-039, authorizing the  
submission of a Grant Application for 49 USC CH. 53, Section 5311 Public Transit  
Operating Assistance.  
24-0636  
8.AS.  
Resolution of Support for Congestion Management Process Project  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Resolution  
of Support and direct staff to submit to FDOT.  
Attachments: Staff Report  
Resolution  
Approved staff's recommendation and Resolution 2024-040, supporting the update  
and installation of new traffic signal equipment on the State Highway System  
within Indian River County for the Congestion Manage[ment] Process (CMP)  
application for the Florida Department of Transportation (FDOT).  
24-0638  
8.AT.  
Pulte Home Company, LLC’s Request for Final Plat Approval for Costa Pointe PD  
Phase 1A [PD-21-06-07 / 99040218-95683]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for Costa Pointe PD Phase 1A.  
Attachments: Staff Report  
Location Map  
Final Plat Layout  
Approved staff's recommendation  
24-0653  
8.AU.  
Amendment to Work Order No. 21 with MBV Engineering, Inc. for Design of  
GoLine Bus Shelter Locations  
Recommended Action:  
Staff recommends the Board approve Amendment No. 1 to Work Order No. 21  
with MBV Engineering, Inc. for design of GoLine bus shelter locations.  
Attachments: Staff Report  
Amendment to Work Order  
Approved staff's recommendation  
24-0606  
8.AV.  
Award of Bid No. 2024057, Indian River County Tax Collector Floor Replacement  
(IRC-2411)  
Recommended Action:  
Staff recommends the project be awarded to Jim’s Complete Construction, LLC in  
the amount of $78,016.53. 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.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
24-0608  
8.AW.  
Release of Retainage, Final Payment and Change Order No. 2 (IRC-0853),  
Construction of Intersection Improvements at SR60 and 43rd Avenue  
Recommended Action:  
Staff recommends approval of Change Order No. 2 and payment of Contractor’s  
Application for Payment No. 0853-42 in the amount of $688,231.05 and U-19 to  
Timothy Rose Contracting, Inc. in the amount of $47,068.62.  
Attachments: Staff Report  
IRC-0853 Change Order 2  
Approved staff's recommendation  
24-0612  
8.AX.  
Award of Bid No. 2024052, Victor Hart Park Restroom/Concession Building  
(IRC-2420)  
Recommended Action:  
Staff recommends the project be awarded to Don Hinkle Construction, Inc. in the  
amount of $873,556.50. 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 actively  
registered with the Building Division.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
24-0613  
8.AY.  
Award of Bid No. 2024041, Indian River County Fire Station 7 (IRC-1911)  
Recommended Action:  
Staff recommends the project be awarded to W & J Construction Corporation in the  
amount of $7,130,185.74. 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 actively  
registered with the Building Division.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
24-0618  
8.AZ.  
Release of Retainage Part B, Moorhen Marsh Low Energy Aquatic Plant System  
(LEAPS), (IRC-2107)  
Recommended Action:  
Staff recommends approval and payment of Contractor’s Application for Payment  
No. 31 to Allen Concrete and Masonry Inc. in the amount of $585.12 for release of  
retainage of Part B.  
Attachments: Staff Report  
Application for Payment No. 31  
Approved staff's recommendation  
24-0648  
8.BA.  
Amendment No. 1 to RFQ No. 2021015 (IRC-1505), Consor Engineers, LLC, CEI  
Services for 66th Ave from 49th Street to 69th Street Roadway Widening, FDOT  
FM No. 436379-1-54-01  
Recommended Action:  
Staff recommends approving Amendment No. 1 to the Agreement with Consor  
Engineers, LLC, and requests the Board authorize the Chairman to execute  
Amendment No. 1 to the Agreement on their behalf for a not-to-exceed amount of  
$599,859.00. The new total agreement price will be $5,098,392.42.  
Attachments: Staff Report  
Amendment No. 1 with Consor Engineers, LLC  
Approved staff's recommendation  
24-0676  
8.BB.  
Award of Bid No. 2024043 and FDOT Supplemental Agreement No. 1 for 43rd  
Avenue Bicycle & Pedestrian Improvements (12th Street to 16th Street) IRC-1818,  
FDOT FM 444270-1-54-01  
Recommended Action:  
Staff recommends approval of FDOT Supplemental Agreement No. 1 (FM No.  
444270-1-54-01) and recommends adopting the Resolution and authorizing the  
Chairman to sign Supplemental Agreement No. 1. Staff further recommends the  
project be awarded to Timothy Rose Contracting, Inc. in the amount of  
$5,517,900.05. 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  
Attachments: Staff Report  
IRC Grant Form  
Authorizing Resolution  
FDOT Supplemental Agreement No. 1  
Sample Agreement  
Approved staff's recommendation and Resolution 2024-041, authorizing the  
Chairman’s execution of Small County Outreach Program (SCOP) supplemental  
Agreement No. 1 with the Florida Department of Transportation for Construction  
and CEI of 43rd Avenue (12th Street to 18th Street).  
24-0652  
8.BC.  
Final Pay to Gray Matter Systems LLC for Professional Design Services for Industrial  
Control System Network Project (PID 00.23.545)  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the final pay  
invoice number SIN040409 to Gray Matter Systems LLC in the amount of  
$4,034.91, to provide design services for its Industrial Control System Network  
project, and direct staff to make the payment  
Attachments: Staff Report  
Final Pay Invoice  
Approved staff's recommendation  
24-0655  
8.BD.  
Reams Glen Subdivision Water Main Extension Cost Share Developer’s Agreement  
with Novaland, LLC, IRCDUS PID: 13.24.523  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Reams Glen  
Subdivision Water Main Extension Developer’s Agreement with the County and  
authorize the Chairman to execute the agreement to reimburse Novaland, LLC, in the  
amount of $126,016.80 for the work performed in the agreement  
Attachments: Staff Report  
Developers Agreement Novaland, LLC  
Approved staff's recommendation  
24-0657  
8.BE.  
North County Water and Sewer System Phase 2, Amendments to Meeks Plumbing,  
Inc. Agreement (RFP 2023007) and Masteller & Moler, Inc. Work  
Order No.6, and Hydra Service, Inc. Quotation for Sewer  
Connection of Roseland United Methodist  
Church, IRCDUS Project ID 21.17.513B  
Recommended Action:  
Staff recommends the Board of County Commissioners to approve: a) the Second  
Amended Exhibit 1 to the Agreement - Pricing with Meeks Plumbing, Inc. to add  
labor to the proposal pricing for the Duplex Lift Station Construction at $21,264.00  
and authorize the Chairman to execute the same, and the corresponding Cost Sheet  
for the Roseland United Methodist Church sewer connection, for the total amount of  
$37,046.90 and authorize staff to sign; b) Amendment 1 to Work Order No.6 with  
Masteller & Moler, Inc. for $6,740.00 to perform services during construction and  
authorize the Chairman to execute the same; c) Quotation 240718-2JS from Hydra  
Service, Inc. for the duplex pump station, in the amount of $29,993.00 and authorize  
staff to issue a Purchase Order for the same, and d) the total budget of $84,846.90  
that includes a Management Reserve of $11,067 to be retained by Indian River  
County Department of Utility Services for the sole purpose of covering cost  
escalations and/or risks impacting costs to the project. Upon satisfactory completion  
of the Roseland United Methodist Church sewer, staff is directed to make final  
payments and release any retainage to the aforementioned parties, after review and  
approval by the Purchasing Manager and the County Attorney’s Office  
Attachments: Staff Report  
Meeks 2nd Amended Exhibit 1 to the Agreement  
Meeks Price Sheet - Roseland United Church  
M&M WO6 Amendment 1 for Construction Services  
HSI Quote for Roseland Methodist Church  
Approved staff's recommendation  
24-0667  
8.BF.  
Interlocal Agreement Between Indian River County (IRC) & St. Lucie County for  
IRC to Provide Water Service to William Emerson Property In St. Lucie County  
Recommended Action:  
It is recommended that the Board of County Commissioners approve the proposed  
Interlocal Agreement between Indian River County (IRC) and St. Lucie County  
9SLC) for IRC to provide water service to Mr. William Emerson’s property located  
at 149 25th Street SE in SLC, and authorize the Chairman to sign upon review by the  
Legal Department  
Attachments: Staff Report  
Interlocal Utility Agreement  
Approved staff's recommendation  
24-0672  
8.BG.  
Approval of Amendment No.1 to Agreement No. WG023 between Florida  
Department of Environmental Protection and Indian River County for Floravon  
Shores Septic to Sewer Project, IRCDUS PID: 21.19.55  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the Director of  
Utility Services to sign Amendment No.1 to Agreement No. WG023 between Florida  
Department of Environmental Protection and Indian River County and all necessary  
documents to effectuate the grant agreement  
Attachments: Staff Report  
Amendment No 1  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
24-0603  
10.A.1.  
Consideration of an Ordinance of Indian River County, Florida Amending the  
Zoning Ordinance, and the Accompanying Zoning Map for ±9.91 Acres from  
CG, General Commercial District to CH, Heavy Commercial District  
(RZON2023020007-96591) [Quasi-Judicial]  
Recommended Action:  
Staff and the Planning and Zoning Commission recommend that the Board of  
County Commissioners approve this request to rezone the subject properties from  
CG, General Commercial to CH, Heavy Commercial.  
Attachments: Staff Report  
Existing Zoning Map  
Future Land Use Map  
Rezoning Application  
Ordinance  
The parties for the proceeding were Patriot Response Group, LLC (Applicant)  
and Indian River County.  
Each Commissioner, as requested by the Chairman, disclosed ex parte  
communications, site visits, or independent investigations. The Commissioners  
also affirmed that they have an open mind and can base their decisions on the  
evidence presented and the applicable law. The Deputy Clerk administered the  
Oath to all persons who wished to speak at the hearing.  
The Chairman opened the public hearing.  
Chris Balter, Chief of Long Range Planning, utilized a PowerPoint presentation to  
analyze the Applicant's request to rezone their property from CG, General  
Commercial District, to CH, Heavy Commercial District. The analysis showed the  
request was compatible with the area, consistent with the County's  
Comprehensive Plan and Land Development Regulations, and suitable for CH  
zoning. Additionally, the Planning and Zoning Commission unanimously approved  
the request at their June 13, 2024 public hearing.  
Commissioner Moss was informed the Applicant planned to use the property as  
headquarters for their contractor trade business. A formal traffic study would be  
done at a later stage in development.  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation and adopt Ordinance 2024-008,  
amending the Zoning Ordinance and the accompanying Zoning Map for  
approximately ±9.91 acres located south of and adjacent to 71st Street, north  
of 69th Street, east of and adjacent to Old Dixie Highway, and west of and  
adjacent to U.S. Highway 1, from CG, General Commercial District, to CH,  
Heavy Commercial District; and providing codification, severability, and  
effective date. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0604  
10.A.2.  
Consideration of an Ordinance of Indian River County, Florida Amending  
the Zoning Ordinance, and the Accompanying  
Zoning Map for +1.45 Acres from IL, Light  
Industrial District to CG, General Commercial  
District  
(RZON93110032-96539) [Quasi-Judicial]  
Recommended Action:  
Staff and the Planning and Zoning Commission recommend that the Board of  
County Commissioners approve this request to rezone the subject property from  
IL, Light Industrial to CG, General Commercial.  
Attachments: Staff Report  
Existing Zoning Map  
Existing Future Land Use Map  
Rezoning Application  
Ordinance  
The parties for the proceeding were Mr. Jody Miller (Applicant) and Indian River  
County.  
Each Commissioner, as requested by the Chairman, disclosed ex parte  
communications, site visits, or independent investigations. The Commissioners  
also affirmed that they have an open mind and can base their decisions on the  
evidence presented and the applicable law. The Deputy Clerk administered the  
Oath to all persons who wished to speak at the hearing.  
The Chairman opened the public hearing.  
Chris Balter, Chief of Long Range Planning, utilized a PowerPoint presentation to  
analyze the Applicant's request to rezone the property from IL, Light Industrial  
Zoning District, to CG, General Commercial Zoning District, in order to open a  
recreational sports center. The analysis showed the request was compatible with  
the area, consistent with the County's Comprehensive Plan and Land  
Development Regulations, and suitable for CG zoning. Additionally, the Planning  
and Zoning Commission unanimously approved the request at their June 13, 2024  
meeting.  
Commissioner Moss raised the subject of the traffic impact for the proposed  
racquet club. Mr. Balter noted that the traffic analysis passed the test of not  
decreasing the level of service on the affected road, and informed of the  
pre-application process.  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation and adopt Ordinance 2024-009,  
amending the Zoning Ordinance and the accompanying Zoning Map for  
approximately ±1.45 acres located on the west side of Highway US 1, .17 of a  
mile south of 53rd Street, north of 49th Street, on the east side of Old Dixie  
Highway, from IL, Light Industrial to CG, General Commercial, and providing  
codification, severability, and effective date. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0649  
10.A.3.  
Jonathan D. Barkett's Request for Abandonment of a 25’ Wide Platted  
Right-of-Way [ROW-24-05-02 / 99070136-96169] (LEGISLATIVE)  
Recommended Action:  
Staff recommends that the Board of County Commissioners abandon its rights to  
the subject portion of right-of-way, and authorize the chairman to execute the  
proposed abandonment resolution.  
Attachments: Staff Report  
Location Map  
Resolution  
Chief of Current Development Brandon Creagan presented the request to  
abandon the right-of-way (ROW) at 19th Court. Mr. Creagan informed that the  
request had been reviewed and approved internally, no easement was needed,  
and the property was not needed for County roadway access.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
Flescher, to approve staff's recommendation and Resolution 2024-042,  
providing for the closing, abandonment, vacation and discontinuance of the  
[entirety] of a 25’ wide unimproved, right-of-way known as 19th Court, east of  
the Jackson Brothers subdivision and south of 41st Street in the Jackson  
Brothers subdivision located 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  
C. PUBLIC NOTICE ITEMS  
24-0673  
10.C.1.  
Public Notice of Public Hearing for September 10, 2024, to Consider a  
Resolution Adopting a Non-Ad Valorem Special Assessment Roll on Hospitals  
for the Local Provider Participation Fund  
Attachments: Staff Report  
County Attorney Bill DeBraal read the notice into the record. He added this was  
an annual process the hospitals had to go through to receive certain Medicaid  
funds.  
Read into the record  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Services  
B. Emergency Services  
C. Human Resources  
D. Information Technology  
E. Natural Resources  
F. Office of Management and Budget  
G. Parks, Recreation, and Conservation  
H. Planning and Development Services  
I. Public Works  
J. Utilities Services  
24-0666  
12.J.1.  
4230 20th Avenue - Bad Debt Write Off of Utility Account (1050798/029174)  
and Future Continuation of Service  
Recommended Action:  
Staff recommends the Board of County Commissioners (BCC) direct staff to: ·  
Write off the uncollectible account balance for the subject property in the  
amount of $37,334.48, release the related utility lien, and further, · Once the  
account is brought current after the write off, address whether to continue  
services going forward. Options for consideration include: 1. The County  
determine which department will be the administrator of the property so that the  
Indian River County Department of Utility Services (IRCDUS) can continue  
billing that department the monthly sewer availability charges of $17.73 per  
month until such time as the land is turned over to a developer; or, 2. Stop the  
future IRCDUS service availability charges incurred by Indian River County on  
this account by relinquishing the sewer impact fee related to the subject property.  
If the impact fee is relinquished, the eventual future developer of the property will  
be required to pay the current impact fees to re-establish service for the  
property; or, 3. Have the County General Fund pre-pay six months of the sewer  
service availability fees estimated to total $145.00 to allow time for the County  
to dispose of the property. IRCDUS recommends the BCC pursue option 3  
regarding the continuation of services.  
Attachments: Staff Report  
Director of Utility Services Sean Lieske sought the Board's direction regarding a  
delinquent utilities account on a foreclosed property at 4230 20th Avenue, which  
the County now owned. Staff recommended the Board write off the uncollectible  
balance of $37,334.48, but needed guidance regarding the sewer ERU  
(Equivalent Residential Unit) which would continue accruing service charges.  
Director Lieske reviewed the three options for the ERU: 1) assign it to another  
department; 2) relinquish the ERU back to the Utility Department; or 3) have the  
County pre-pay 6 months of fees until the County could dispose of the property.  
Commissioner Adams supported staff's recommendation for Option 3 as it would  
help facilitate affordable housing development by avoiding the cost to re-establish  
the ERU by the future property owner.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation to write-off the debt and pre-pay  
the sewer usage fees for six months while the County disposes of the  
property (Option 3). The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
13. COUNTY ATTORNEY MATTERS  
24-0646  
13.A.  
Authorization to Move Forward with Injunctive Action against Code enforcement  
case number 2023080033 (Helsel)  
Recommended Action:  
Staff recommends the Board authorize staff to move forward with the filing of the  
petition for injunctive relief with the circuit court.  
Attachments: Staff Report  
Public Nuisance Warranting County Abatement - Helsel  
Deputy County Attorney Susan Prado recounted the history of code enforcement  
violations and daily fines accrued within the last year by the property owners who  
constructed a berm on their property from land clearing debris, which was in violation  
of County code. Because the property was never brought into compliance, as  
explained by Attorney Prado, the Code Enforcement Board issued an order declaring  
the property a Public Nuisance. The County was seeking an injunction to stop the  
depositing of any additional debris.  
Steven Hitt, Principal Environmental Planner, gave additional details regarding the  
history of the property as well as the recent remedies undertaken by the property  
owners. He noted the property was moving toward compliance, and was awaiting a  
permit from the County. Mr. Hitt confirmed for Chairman Adams that the engineering  
plan called for a modified berm on the property, and the zoning was A-2 (Agricultural  
Residential).  
Attorney Lynne Larkin appeared on the property owner's behalf, informing the Board  
she had recently been hired to help the property owners navigate the code violations.  
Ms. Larkin stated her clients were well-intentioned, but misinformed regarding the  
County's code and compliance requirements. She requested delaying the injunction as  
the owners had made strides to come into compliance.  
Chairman Adams noted she had been contacted by several neighbors over the last  
year regarding the land debris, mulching, and incinerator in the residential  
neighborhood. She added that meaningful redress only started with notice of the  
injunction and possible foreclosure. The Chairman was in favor of letting the injunction  
proceed so the County had a tool should the code-violating dumping resume.  
Attorney Larkin agreed with the County's need to protect itself; she was most  
concerned with the impending foreclosure filing.  
Attorney Prado added there were time frame requirements, and if the owners were  
found to be in compliance then the injunction would not go through. Other  
Commissioners added their support for staff's recommendation.  
A motion was made by Commissioner Moss, seconded by Chairman Adams, 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  
24-0647  
13.B.  
Authorization to proceed with foreclosures on Code enforcement cases:  
(2023070014) Arreola, (2021100064) Lund, (2020090001) Lund, and  
(2023080033) Helsel  
Recommended Action:  
Staff recommends the Board authorize staff to move forward with outside counsel in  
the filing of foreclosure on the above-named code enforcement cases.  
Attachments: Staff Report  
Helsel Recorded Order Imposing Fine  
Helsel Deed  
Lund Deed  
Lund Order Imposing Fine 01 case  
Lund Order Imposing Fine 64 case  
Arreola Deed  
Arreola Order Imposing Fine  
Discussion of this Item began with the Helsel case (2023080033) Deputy County  
Attorney Susan Prado added to the evidence presented under Item 13.A., noting that  
the property owners had been accruing a $250-per-day fine resulting from the Code  
Enforcement Board's (CEB) hearing on January 22, 2024. She added that  
compliance was always the goal of the County's actions but foreclosure was sought  
because of the long-standing issues which still had not been addressed.  
Attorney Lynne Larkin noted her clients did not have a chance to submit evidence at  
the CEB hearing as they lacked representation. She asked the Board to hold off on  
the foreclosure as the property owners were making strides to come into compliance.  
Chairman Adams explained the Board supported the CEB's ruling, and encouraged  
the property owners to keep working toward compliance to avoid foreclosure.  
Attorney Larkin expressed her concerns and requested a week's delay as she got up  
to speed on the case.  
Steven Hitt, Principal Environmental Planner, informed that the property owners were  
awaiting permit approval before remedial work could continue. Attorney Prado  
explained there was time to work toward compliance before the foreclosure was filed  
with the Court.  
The Board directed staff to explore expedited permit approval. They also expressed  
frustration that issues had persisted for more than a year, and Chairman Adams stated  
the Board would not go against the CEB's ruling by extending the timeline.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation (Helsel). The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
Deputy County Attorney Susan Prado relayed the code violations which stemmed  
from a dilapidated structure on the property located at 8890 99th Avenue  
(2023070014 Arreola). Despite the $100-per-day fine issued at the Code  
Enforcement Board's November 27, 2023 compliance hearing, the property was  
never brought into compliance. Attorney Prado noted there was no contact from the  
property owners.  
A motion was made by Commissioner Loar, seconded by Chairman Adams, to  
approve staff's recommendation (Arreola). The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
Deputy County Attorney Susan Prado gave the facts of the case for foreclosure on  
the property at 7885 129th Street (2021100064 Lund). Code violations began in  
2021 with a complaint of a missing/expired building permit for an electrified shed. The  
Code Enforcement Board ruled at the July 25, 2022, evidentiary hearing that the  
property was not in compliance and issued a $100-per-day fine. Attorney Prado  
mentioned an unresolved issue between the landlord and renter; the property was  
never brought into compliance.  
A motion was made by Commissioner Loar, seconded by Commissioner Earman,  
to approve staff's recommendation (Lund). The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
Deputy County Attorney Susan Prado informed code enforcement action started in  
2020 with a complaint regarding junk, trash and debris on the property (2020090001  
Lund). At the Code Enforcement Board's October 25, 2021 compliance hearing, it  
was found the owner did not take any steps to bring the property in compliance.  
Attorney Prado noted that at last check, there appeared to be an increased amount of  
junk, trash, and debris on the property.  
A motion was made by Commissioner Loar, seconded by Commissioner Earman,  
to approve staff's recommendation (Lund). The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0682  
13.C.  
County Attorney Contract  
Recommended Action:  
Staff respectfully requests the BOCC approve the County Attorney Employment  
Agreement and authorize the Chairman to execute the agreement.  
Attachments: Staff Report  
County Attorney Agreement  
Chairman Adams noted Ms. Shuler would start in her position as the County Attorney  
on September 16, 2024. There was no discussion regarding this item.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, 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  
24-0684  
13.D.  
Addendum to Deputy County Attorney Contract  
Recommended Action:  
Staff respectfully requests the BOCC provide direction to staff.  
Attachments: Staff Report  
Deputy County Attorney Employment Agreement  
Addendum to Deputy County Attorney Agreement  
Deleted from Agenda  
24-0630  
13.E.  
Employment Contracts for the Deputy and Assistant County Attorneys  
Recommended Action:  
The County Attorney recommends the Board of County Commissioners approve the  
employment contract the Assistant County Attorney.  
Attachments: Staff Report  
Assistant County Attorney Employment Agreement  
Deleted from Agenda  
14. COMMISSIONERS MATTERS  
A. Commissioner Susan Adams, Chairman  
B. Commissioner Joseph E. Flescher, Vice Chairman  
C. Commissioner Joseph H. Earman  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
The Board of County Commissioners reconvened as the Board of Commissioners of  
the Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
A. Emergency Services District  
B. Solid Waste Disposal District  
24-0634  
15.B.1.  
Approval of SWDD Meeting Minutes of June 18, 2024  
Approve  
Recommended Action:  
Attachments: 06182024 SWDD Draft  
A motion was made by Vice Chairman Flescher, seconded by Chairman  
Adams, to approve the Solid Waste Disposal District Minutes of June 18, 2024  
as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0627  
15.B.2.  
Florida Specialty License Plate - Recycle  
Recommended Action:  
Staff is recommending we display the banner in the lobby of County Commission  
Building A in order to inform residents of this program and opportunity here in  
Indian River County. This promotion will coincide with the advertising and  
marketing being utilized in the County Administration Building B in the Department  
of Motor Vehicles  
Attachments: Staff Report  
License Plate  
Himanshu Mehta, Managing Director of the Solid Waste Disposal District,  
introduced the creation of a new Florida recycle specialty license plate. Sue Flak,  
Recycling Education and Marketing Coordinator, was joined by staff members as  
she displayed the plate which would reestablish funding for recycling grants. Ms.  
Flak informed the funds raised would go to the Recycle Florida Today (RFT)  
Foundation to support programs for food insecurity, food waste reduction, and  
impact studies. Staff requested permission to hang a banner in the administration  
building advertising the plate.  
Chairman Adams praised the program and commended Ms. Flak for her design  
which was chosen for the specialty plate.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, 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  
24-0675  
15.B.3.  
Approval of Amendment No. 2 to Work Order No. 1 to Geosyntec for Phase 2,  
Segment 3, Cell 3 Engineering Services  
Recommended Action:  
Staff recommends that its Board approve and authorize the Chairman to sign  
Landfill Amendment No. 2 to Work Order No. 1 authorizing Geosyntec to  
provide engineering services for a not-to-exceed fee of $170,505.20  
Attachments: Staff Report  
Amendment No 2 to Work Order No 1  
There was no discussion regarding this item.  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:10 a.m.