HomeMy WebLinkAbout04/18/2023 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
�'o
�ORIO�'
Meeting Minutes - Final
Tuesday, April 18, 2023
9:00 AM
Commission Chambers
Board of County Commissioners
Joseph H. Earman, District 3, Chairman
Susan Adams, District 1, Vice Chairman
Joseph Flescher, District 2
Dery/ Loar, District 4
Laura Moss, District 5
John A. Titkanich, Jr., County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final April 18, 2023
1. CALL TO ORDER
Present: 5 - 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
Deacon Wilfred Hart, Friendship Missionary Baptist Church
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph H. Earman, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Deleted: Item 10.13.3.
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Agenda as amended. The motion carried by the following
vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
Prior to Item 5., Chairman Earman took the opportunity to introduce the new County
Administrator, John Titkanich, Jr. at his first Board meeting. Mr. Titkanich thanked
the Commissioners for the warm welcome he received.
5. PROCLAMATIONS and PRESENTATIONS
5.A. 23-0335 Presentation of Proclamation Honoring Lieutenant Bruce Weimann Upon the
Occasion of His Retirement From Indian River County Department of Emergency
Services
Recommended action: Recommend Read and Present
attachments: Proclamation
Commissioners and staff praised Lieutenant Weimann for his knowledge and
mentorship during his 32 -year career with the Department of Emergency Services.
Fire Chief Dave Rattray, Chief Director of Emergency Services David Johnson, and
Indian River County Florida Page 1
Board of County Commissioners Meeting Minutes - Final
5.B
5.C.
5.D
April 18, 2023
Assistant Chief Sean Gibbons recounted the impact Lt. Weimann had in their lives
and careers. Lt. Weimann expressed appreciation for the support he received as he
strove to be a servant leader for the Department.
Read and Presented by Chairman Earman
23-0219 Presentation of Proclamation Designating April 23-29, 2023, as Crime Victims'
Rights Week in Indian River County
Recommended Action: Read and Present
Attachments: Proclamation
Indian River County Victims' Rights Coalition (Coalition) President Paul Zelno was
joined by Patty Bruzzese as he received the Proclamation in recognition of Crime
Victims' Rights Week. Mr. Zelno provided information about the Coalition and
expressed thanks for the support received from law enforcement. He announced the
Coalition's annual Memorial Vigil would be held on Thursday, April 28, 2023, at
Riverside Park. Captain Joe Abollo, Indian River County Sheriffs Office, praised the
work of advocates in assisting crime victims.
Read and Presented by Commissioner Flescher
23-0334 Presentation of Proclamation Designating the Month of April, 2023 As Child Abuse
Prevention Month
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Sheryl Overcash, Director of Village Operations, Hibiscus Children's Center,
appeared before the Board and informed of the Center's programs for children who
were victims of abuse. Joe Walsh, Exchange Club of the Treasure Coast, told of the
Club's mission to raise and donate funds to local organizations that support prevention
of child abuse.
Read and Presented by Commissioner Loar
23-0318 Presentation of Proclamation - Designating the Week of April 23 - 29, 2023 as
National Library Week
Recommended Action: Read and Present.
Attachments: Proclamation
Director of Library Services Elizabeth "Betsy" Stenger accepted the Proclamation and
presented the Board with a comprehensive review of the Library's programs and
Indian River County Florida Page 2
Board of County Commissioners Meeting Minutes - Final
5.E. 23-0252
5.F
April 18, 2023
resources for all ages, including games, STEM carts, a maker's space, passes to the
Museum of Art, genealogy department, technology access, research sources, and
career online high school, as well as many groups and community gatherings. She
closed with mention of the special programs running during National Library Week.
Read and Presented by Commissioner Moss
Presentation of Proclamation - Designating April 22, 2023 as Earth Day
Recommended Action: Read and Present
Attachments: Proclamation
Sue Flak, Recycling Coordinator and Marketing Director, discussed the origin and
importance of Earth Day, which was the largest civic event in the world. Ms. Flak
gave thanks to the Sunrise Rotary, Sustainable Events, the Treasure Coast
Community Fridge, and other local environmental groups for their sustainability
efforts.
Read and Presented by Vice Chairman Adams
23-0328 Presentation by Conservation Lands Division -- Celebration of Earth Week in Indian
River County
Recommended Action: Presentation, no Board action required
Attachments: Staff Report -Earth Week
Conservation Lands Manager Wendy Swindell informed the Board of her
Department's events in honor of Earth Day before introducing Beth Powell, Director
of Parks and Recreation, who recounted the successes of the County's Scrub -Jay
conservation efforts. She thanked staff and the volunteers who monitor and collect
data on the Florida Scrub -Jay, as well as the Board for their support.
Monica Folk, Wild Folk, LLC, used a PowerPoint presentation to discuss in depth
the Scrub -Jay monitoring program in Indian River County, which led to population
increases in the federally threatened species. Ms. Folk described and mapped the
Scrub -Jay's habitat, monitoring activities, dedication of the Jane Schnee Scrub
Preserve, and the importance of volunteers.
Ms. Swindell made mention of the volunteers in attendance at the meeting, and
thanked the Board for their support.
Presented
6. APPROVAL OF MINUTES
6.A. 23-0300 Regular Meeting of February 21, 2023
Indian River County Florida Page 3
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Recommended Action: Approve
Attachments: 02212023 BCC Draft
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Regular Meeting Minutes of February 21, 2023 as written.
The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar. and Commissioner Moss
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 23-0315 Hurricane Ian Proof of Loss Summary
Recommended Action: No action needed
Attachments: Staff Report
Statement of Loss
Scheduled Locations Summary Report
No Action Taken or Required
7.B. 23-0323 Notice of Extension to Contract for Construction of Required Roadway Improvements
(Re: Right -Of -Way Permit No. 2022031449) - Old Dixie Highway Roadway
Improvements
Attachments: Staff Report
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner
Moss, to approve the Consent Agenda as amended, pulling Items 8.F., 8.L., 8.0.,
8.P., and 8.R. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
8.A. 23-0279 Checks and Electronic Payments March 17, 2023 to March 23, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of March 17, 2023 to March 23, 2023
Attachments: Finance Department Staff Report
Approved
8.B. 23-0303 Checks and Electronic Payments March 24, 2023 to March 30, 2023
Indian River County Florida Page 4
Board of County Commissioners Meeting Minutes - Final
8.C.
April 18, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of March 24, 2023 to March 30, 2023
Attachments: Finance Department Staff Report
Approved
23-0324 Checks and Electronic Payments March 31, 2023 to April 6, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of March 31, 2023 to April 6, 2023
Attachments: Finance Department Staff Report
Approved
8.D. 23-0310 Annual Financial Report
Recommended action: Approve the report and authorize Chairman to execute any related documents.
Attachments: Finance Department Staff Report
Annual Financial Report, 2022
Approved staffs recommendation
8.E. 23-0280 Rejection of Bid 2023006 for Annual Dump Truck Hauling Services
Recommended action: Staff recommends the Board reject the response to Bid 2023006.
Attachments: Staff Report
Approved staffs recommendation
8.F. 23-0306 Award of Bid 2023032 for Earman Island Phase IV Re -Vegetation
Recommended action: Staff recommends the Board award bid 2023032 to Sandhill Environmental,
in the amount of $258,353.18, approve the agreement, and authorize the
Chairman to execute it after approval by the County Attorney as to form and
legal sufficiency, and receipt and approval of the required public construction
bond. So long as there are no changes in the dollar amount, upon satisfactory
completion of the work set forth in the agreement, staff is directed to make
final payment and release any retainage to Sandhill Environmental Services,
LLC, after review and approval by the Purchasing Manager and County
Attorney.
Attachments: Staff Report
Agreement
Indian River County Florida Page 5
Board of County Commissioners Meeting Minutes - Final
8.G. 23-0308
April 18, 2023
Conservation Lands Manager Wendy Swindell provided an update on the Lost Tree
Islands Restoration project beginning with the Duck Head Island clearing and
replanting. Earman Island, she continued, had been cleared of invasive exotics and
was ready for replanting with local species. Ms.Swindell noted the Earman Island
replanting was funded by a grant from the National Estuary program, and she
mentioned upcoming funding opportunities for the Lost Tree Islands Restoration and
Enhancement project.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
Rejection of Bid 2023012 for Jackie Robinson Training Center Walking Trail
Recommended Action: Staff recommends the Board reject the response to Bid 2023012, and authorize staff
to re -advertise the bid with a longer time to complete, and longer period before
acceptance of bids.
Attachments: Staff Report
Approved staffs recommendation
8.H. 23-0317 Final Ranking of Consultants and Authorization to Negotiate - RFQ 2023015 for
Continuing Consulting Engineering 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 staffs recommendation
8.1. 23-0297 Approval of Service Agreement Addendum WEX Health, Inc. d/b/a WEX (Benefits
Express Services, LLC) effective May 1, 2023 through April 30, 2024
Recommended Action: Staff respectfully requests the Board of County Commissioners approve the
recommendation to renew with WEX Health Inc. to provide benefit administration
technology and services for the County's comprehensive employee benefit program
effective May 1, 2023 through April 30, 2024 and to authorize the Board Chairman
to sign the service agreement addendum after review and approval by the County
Attorney.
Attachments: Staff Report
WEX Health Inc. Service Agreement Addendum
Benefit Express Services. LLC Agreement
Indian River County Florida Page 6
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Approved staffs recommendation
8.J. 23-0305 Memorandum of Understanding for Use of County Owned Bucket Trucks with the
Sheriff's Department
Recommended action: Staff recommends the Board approve the Memorandum of Understanding for Use of
County Owned Bucket Trucks with the Sheriff s Department, and authorize the
Chairman to execute the Release on behalf of the Board.
Attachments: Staff Report
Approved staffs recommendation
8.K. 23-0321 Work Order Number 9, Continuing Architectural Services RFQ 2018063 - New
Victor Hart Sr. Complex Restroom/Concession Building
Recommended Action: Staff respectfully recommends approval of Work Order Number 9, for the New
Victor Hart Sr Complex Restroom/Concession Building, in accordance with the
Continuing Architectural Services Agreements for RFQ 2018063, with Edlund,
Dritenbas, Binkley Architects & Associates, Inc., authorizing the professional
services as outlined in Exhibit A, and request the Board authorize the Chairman
to execute Work Order Number 9.
Attachments: Staff Report
W09
Scope of Work
Approved staff's recommendation
8.L. 23-0325 Children's Services Advisory Committee's Annual Report, FY 2021-2022
Recommended action: Staff recommends the Board accept the Children's Services Advisory Committee's
Annual Report for FY 2021-2022, as submitted.
Attachments: Staff Report
CSAC Annual Report FY 22
Vice Chairman Adams discussed the latest Children's Services Advisory Committee's
Annual Report, and touched on the information provided regarding goals,
accountability, and transparency. Commissioner Moss noted the revised structure of
the Children's Services Advisory Committee (CSAC), and thanked staff for their help
during the transition.
Indian River County Florida Page 7
Board of County Commissioners Meeting Minutes - Final
8.M. 23-0326
April 18, 2023
Bob McPartlan, CSAC Board member, pledged his dedication to supporting the
life-saving programs funded by CSAC.
Doug DeNluth, CSAC Board member, recommended skepticism when evaluating the
accomplishments of CSAC programs.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
Approval of a License Agreement with Nerija of Vero Beach SA Company for use of
the Intergenerational Recreation Center for Church Services
Recommended Action: Staff respectfully recommends the Indian River County Board of County
Commissioners accept the License Agreement with Nerija of Vero Beach SDA
Company, and authorize the Chairman to execute the agreement after review by the
County Attorney for legal sufficiency.
Attachments: Staff Report
Neriia License Agreement 2023.04.04
Neriia of Vero Beach SDA Company C01
Neriia of Vero Beach SDA Company- 501c3 letter
Tax Exemption
IRS Tax Exempt Letter for GC
Approved staffs recommendation
8.N. 23-0327 Approval of Text to 911 Contract with INdigital
Recommended action: Staff recommends the Board approve the INdigital Agreement and authorize the
Chairman to execute the agreement.
Attachments: Staff Report
INdigital Agreement
Quote
Approved staffs recommendation
8.0. 23-0331 Approval to Submit Letters of Intent for the National Estuary Program's Coastal
Watershed Grant
Recommended Action: Staff recommends the Board of County Commissioners approve the request to submit
two Letters of Intent for the Coastal Watershed Grant
Indian River County Florida Page 8
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Attachments: Staff Report
NEP Coastal Watershed Grant Program
Eric Charest, Natural Resources Manager, requested the Board's support in applying
for grants to support an oyster -bed restoration project at Lauren's Island, and a
survey of the muck levels in the Indian River Lagoon to aid in sea grass restoration.
In response to Chainnan Earman, Mr. Charest noted that the deadline to apply for
Florida Inland Navigation District (FIND) grants had passed. He added that his
department was working in conjunction with Florida Institute of Technology (FIT) to
develop a plan which would provide the basis for future grant applications.
A motion was made by Vice Chairman Adams, seconded by Commissioner Loar,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
8.P. 23-0332 FDOT Supplemental Agreement No. 4 to Agreement FM No. 431759-2-54-01
and Resolution Authorizing the Chairman's Signature for the Construction of
Intersection Improvements at SR -60 and 43rd Avenue, IRC -0853
Recommended Action: Staff recommends the Board of County Commissioners approve Supplemental
Agreement No. 4 to the CIGP Agreement FM No. 431759-2-54-01 and Resolution
and authorize the chairman to execute the same.
Attachments: Staff Report
Authorizing Resolution
Supplemental Agreement No. 4
Chairman Earman applauded the progress that had been made in the improvements to
SR -60 and 43rd Avenue. Public Works Director Richard Szpyrka informed the
Board that this item was a suggestion from the Florida Department of Transportation
(FDOT) for a time extension to address final close-out items. He added the
intersection was open and functioning well, and shared the positive feedback he
received.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation and Resolution 2023-013,
authorizing the Chairman's execution of Supplemental Agreement No. 4 to the
County Incentive Grant Program (CIGP) Agreement FM Number 431759-2-54-01
with the Florida Department of Transportation for Construction and Construction
Engineering Inspection services for intersection improvements at State Road 60
and 43rd Avenue. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
8.Q. 23-0336 Sebastian Inlet Technical Advisory Committee Update
Indian River County Florida Page 9
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Recommended Action: Staff requests that the Board continue to support Staff as approaches towards
updating the MOU are discussed, with the MOU being brought back before the BCC
at a later date for approval.
Attachments: Staff Report
Approved staffs recommendation
8.R. 23-0341 Children's Services Advisory Committee's Recommendation of Request for Proposal,
Grant Application and Agency Grant Contract for FY 2023-2024
Recommended action: Staff recommends that the Board accept the FY23-24 Children's Services Program
Request for Proposal, the FY23-24 Children's Services Program Grant Application,
and the FY23-24 Children's Services Program Sample Agency Grant Contract as
submitted.
Attachments: Staff Report
RFP Notification
Grant Apolication
Evaluation Form
Sample Grant Contract
Termination of MOA
Doug DeMuth, CSAC Board member, referred to staff s report to highlight that
Children's Services funding had been approved for FY 2023/2024, but that spending
would not be approved until a new managing director was brought in, a needs
assessment was completed, and revisions to reporting criteria were done. He
suggested modifying the supporting document to reflect this information.
Assistant County Administrator Michael Zito clarified that the needs assessment
would be funded in October, to be concurrent with the start of FY 2023/24.
Bob McPartlan, CSAC Board member, noted the success of the Moonshot Moment
program, and encouraged the Board to be similarly informed regarding infant mortality
and barriers to medical care.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staff's recommendation. The motion carried by the following
vote:
Aye: 5- Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
The Chairman called for a recess at 10:47 a.m., and reconvened the meeting at 10:59
a.m. with all members present.
Indian River County Florida Page 10
Board of County Commissioners Meeting Minutes - Final April 18, 2023
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. 23-0320 Indian River County Clerk of Circuit Court and Comptroller, Jeffrey R. Smith:
Notice of Annual Comprehensive Financial Report and Popular Annual Financial
Report Completion for Fiscal Year 2021-2022
Recommended Action: Accept the reports
Attachments: Finance Department Staff Report
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, appeared before the
Board to present the County's Annual Comprehensive Financial Report (ACFR) and
the Popular Annual Financial Report (PAFR) which were also available online
(indianriverclerk.com). Mr. Smith highlighted the major initiatives and
accomplishments undertaken the previous year, and provided an overview of the
County's revenues and expenditures.
Commissioner Moss received clarification that the Hospital District was not one of the
County's Special Taxing Districts.
Mr. Smith thanked his staff, and County staff who helped produce the report.
Accepted the report
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD.
10.A.1. 23-0275 Treasure Coast Community Health, Inc. request to Rezone Approximately ±4.46
Acres from CH, Heavy Commercial District and CG, General Commercial
District to MED, Medical District (RZON2005090174-93779)
[Quasi -Judicial]
Recommended action: Based on the analysis, staff and the PZC recommend that the Board of County
Commissioners approve this request to rezone the Subject Properties from CH
and CG, to MED.
Indian River County Florida Page 11
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Attachments: Staff Report
Existing Zoning Map
Existing Future Land Use Map
Rezoning Application
Table of Uses for Commercial Zoning Districts
Future Land Use to Zoning Dist Comp Table
Ordinance for Execution
Chairman Earman introduced the parties for the proceeding as being Treasure
Coast Community Health, Inc. (TCCH) 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.
Andy Sobczak, Interim Community Development Director, presented TCCH's
request to rezone property adjacent to their Oslo Road location to Medical
District (MED) to allow expansion of their medical facility. Mr. Sobczek
introduced the new Chief of Long Range Planning, Chris Balter, who continued
the presentation using PowerPoint slides. Included in the analysis of the request
were future land use designations and accompanying map, concurrency,
consistency with County plans and regulations, environmental impact, and
compatibility with surrounding areas. He concluded with staffs support, and noted
the Planning and Zoning Commission approved the rezoning request at their
March 9, 2023 meeting.
Bob McPartlan, Sebastian City Councilmember, praised TCCH's positive impact
on the community and supported the not-for-profit organization's request.
The Chairman closed the public hearing.
Commissioner Flescher expressed his support for TCCH's expansion.
Commissioner Moss praised TCCH CEO Vicki Soule and staff.
A motion was made by Commissioner Flescher, seconded by Commissioner
Moss, to approve staffs recommendation and adopt Ordinance 2023-006,
amending the Zoning Ordinance and the accompanying Zoning Map for
approximately 14.46 acres located south of and adjacent to 9th Street
Southwest, from CH, Heavy Commercial District and CG General Commercial
District, to MED, Medical District; and providing codification, severability, and
effective date. The motion carried by the following vote:
Indian River County Florida Page 12
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
B. PUBLIC DISCUSSION ITEMS
10.13.1. 23-0307 Request to Speak from Catherine Keller re: Fence Built on County -owned Land
Recommended Action: No action required
Attachments: Public Discussion Request Keller
Catherine Keller appeared before the Board to follow up on a Code Enforcement
Board Order Finding Violation issued on June 7, 2022, on a property at 7985
100th Avenue. The Board had previously considered various remedies to the
Keller's encroachment issue at the BCC regular meeting of March 7, 2023, and
had decided to continue with the code enforcement process. After meeting
individually with the Commissioners in March, Ms. Keller was hopeful the Board
had found a compromise to her situation.
Commissioner Flescher advised that the avenue to appeal a code enforcement
violation was through the Court. He recounted that he had met with Ms. Keller in
April, but noted the absence of mitigating circumstances meant the code
enforcement ruling would stand, and she would have to come into compliance as
specified in the order.
County Attorney Dylan Reingold advised the window for appeals was 30 days
following the date the order was issued by the Code Enforcement Board.
No Action Taken or Required
10.B.2. 23-0312 Request to Speak from Ryan Holmes re: Mandatory Polygraph Tests Given to
County Employees Accused of Misconduct
Recommended Action: No action required
Attachments: Request to Speak R. Holmes 4.18.23
Speaker not present
10.13.3. 23-0337 Request to Speak from Bill Rigby re: Insurance
Recommended Action: No Action Required
Attachments: Public Discussion Request B. Rigby 4.18.23
Deleted
Indian River County Florida Page 13
Board of County Commissioners Meeting Minutes - Final April 18, 2023
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
F. Office of Management and Budget
12.F.1. 23-0316 Self -Insurance Funds and Property & Casualty Insurance Program
Recommended Action: Staff recommends the Board approve the proposed renewal and authorize staff to
bind coverage for May 1, 2023 through April 30, 2024 with a current premium of
$4,042,976.11. The renewal premium is based upon the current schedule of
values, coverage selections and includes the annual broker fee of $175,000.
Attachments: Staff Report
Executive Summary
County Risk Manager Cynthia Stanton referred to staffs memo dated April 18,
2023, as she presented renewals for the County's property and casualty
insurance. She noted there was an overall increase of almost 28% in premiums
due to a volatile insurance market in the wake of last year's hurricane season. Ms.
Stanton continued with an in-depth reporting of the lowered coverage and
increased rates across all categories which were necessary due to budget
constraints; she made mention that all counties in the state were forced to make
similar choices.
Management and Budget Director Kristin Daniels forecast the increased costs
across several sectors in advance of an expectedly difficult fiscal year.
Commissioner Flescher thanked Ms. Stanton for making the difficult choices in
order to best manage the County's risk exposure.
Bob McPartlan, Sebastian City Council member, discussed the insurance
market's impact on homeowners and the County, and wondered if multiple
counties could join to negotiate better insurance rates.
Indian River County Florida Page 14
Board of County Commissioners Meeting Minutes - Final April 18, 2023
A motion was made by Vice Chairman Adams, seconded by Commissioner
Loar, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
G. Public Works
12.G.1. 23-0322 Acquisition of Right -Of -Way for Aviation Boulevard and US -1 Improvements
from Myron and Davene Madsen
Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real
Estate for the Madsen's property and approve the Assignment of Agreement to
Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns
And Myron Madsen Jr & Davene Madsen and authorize the Chairman to execute
the documents on behalf of the Board. Staff also requests the Board to authorize
the Office of Budget and Management to request written checks, if needed for the
amounts of $25,000 and $50,000 for escrow payment.
Attachments: Staff Report
Agreement to Purchase and Sell with Exhibits
Assignment of Agreement to Purchase, Sell, and Lease
Public Works Director Richard Szpyrka presented a proposed property purchase
at the corner U.S. Highway 1 and 32nd Street which would aid in the Aviation
Boulevard extension, and increase traffic capacity by creating a right -turn lane at
the intersection. He recapped discussions with the County's Realtor and the
Florida Department of Transportation (FDOT) regarding the purchase price and
value to the future planning of this area.
Chairman Earman expressed support for the purchase and hoped it would speed
the process of creating the Aviation Boulevard extension to 37th street.
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
12.G.2. 23-0340 Request for Funding and Authorization to Purchase a Motor Grader
Recommended Action: Based on the availability and specifications for graders used by the County, Staff
recommends the Board authorize funding in the amount of $315,501.00 from
Transportation Fund, fund balance for the purchase of a 2023 Caterpillar 120
motor grader
Attachments: Staff Report
Indian River County Florida Page 15
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Vice Chairman Adams asked if this grader purchase would translate to additional
roads which could be graded, or hopefully reduce the time between grading.
Public Works Director Richard Szpyrka advised that the additional machine
would reduce grading time across several neighborhoods, and advised his
department's overall goal was to keep grading time to within 10 days on all
routes.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 23-0329 Use of Optional Sales Tax for Beach Renourishment Projects
Recommended Action: The County Attorney's Office recommends that the Indian River County Board of
County Commissioners approve the resolution authorizing the use of optional sales tax
funds for beach and dune renourishment projects.
Attachments: Staff Report
Optional Sales Tax - Beach and Dune System
County Attorney Dylan Reingold presented the Resolution to authorize use of
Optional Sales Tax funds for beach renourishment projects. Attorney Reingold cited
Florida Statutes which allowed for funds to be used for infrastructure projects that
have a life expectancy of five (5) or more years.
The Commissioners weighed -in on the proposal. Chairman Earman expressed caution
that the sales tax should not be used as the first source of funding for beach
renourishment.
Management and Budget Director Kristin Daniels assured that it would not; however,
she cautioned that the Beach fund was running a negative balance while the County
awaited repayment from FEMA grants. She advised that future project funding was
not sustainable, and having the option of using the sales tax funds would be a useful
budgeting tool.
Commissioner Moss expressed her rationale for opposing use of the funds for beach
restoration, fearing that other projects would be short-changed with reallocations.
Indian River County Florida Page 16
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Vice Chairman Adams was in favor of reviewing the funds on a case-by-case basis as
needed, cautioning against whittling away at money intended for other infrastructure
needs.
Ms. Daniels advised that upcoming projects in Sectors 3, 5, and 4 would require
up -front funds from the County which may not be available. Attorney Reingold agreed
with the Commissioners' concerns, and noted the legal basis for the Resolution in
regard to beaches, dunes, and public infrastructure.
Vice Chairman Adams clarified that the Resolution would not add Optional Sales Tax
money as a specific funding source for beach restoration, but would permit access to
the funds if cash was not on -hand to complete those projects. Commissioners
Flescher and Loar expressed support for the Resolution in light of the rationale from
the County Attorney and Budget Director.
Bob McPartlan, Sebastian Council member, expressed his support for staff and
proposed considering child abuse prevention as an infrastructure need.
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,
to approve staffs recommendation and Resolution 2023-014, electing to use
Optional Sales Tax Revenue for beach and dune construction in Sector 3 and
Sector 5. The motion carried by the following vote:
Aye: 4 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and
Commissioner Loar
Nay: 1 - Commissioner Moss
13.13. 23-0330 Children Services Advisory Committee Appointment
Recommended action: The County Attorney recommends that the Board review the applicants' applications,
and determine whether to appoint him/her to fill the unexpired term for the "Member
At Large" representative to the Children Services Advisory Committee
Attachments: Staff Report
Application (CSAC) - CarboniDawn
Application (CSAC) Amber Cerda
Application (CSAC) - LendermanDaniel
Application (CSAC) - Wendy McDaniel
County Attorney Dylan Reingold presented applications for candidates looking to fill
the "Member at Large" representative to the Children's Services Advisory Committee
(CSAC).
Vice Chairman Adams spoke of the need to have additional CSAC representation for
North County and Fellsmere, and supported Amber L. Cerda for the position.
Indian River County Florida Page 17
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Bob McPartlan, CSAC Board member, supported Ms. Certa for the position. He
also advocated for applicant Dawn M. Carboni for a position on either the Needs
Assessment/Planning Committee or the Grant Review and Program Committee.
Commissioner Flescher added his support for Ms. Carboni to serve CSAC in light of
her experience and expertise. Attorney Reingold confirmed the "at -large" position was
the only vacancy on CSAC, but that the subcommittees would likely have openings
suited for her talents.
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,
to approve the appointment of Amber L. Cerda for the "Member at Large"
representative to the Children's Services Advisory Committee. The motion carried
by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
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
A. Emergency Services District
B. Solid Waste Disposal District
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.
15.13.1. 23-0302 Approval of the Solid Waste Disposal District Meeting Minutes of February 21,
2023
Recommended Action: Approve
Attachments: 02212023 SWDD Draft
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve the minutes of the February 21, 2023 Solid Waste
Disposal District meeting. The motion carried by the following vote:
Indian River County Florida Page 18
Board of County Commissioners Meeting Minutes - Final April 18, 2023
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
15.13.2. 23-0338 Amendment No. 2 to Wastewater Treatment Agreement with Indian River
Sustainability Center
Recommended action: Staffs recommends that its Board follow what is written in the staff report
Attachments: Staff Report
Amendment No 2
First Amended and Restated Site Access Agreement
There was no discussion regarding this item.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Lear, and Commissioner Moss
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chainnan adjourned the meeting at 12:16 p.m.
Indian River County Florida Page 19
Board of County Commissioners Meeting Minutes — Final April 18, 2023
ATTEST:
Jeffre . Smrth, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: /
Deputy Clerk
BCC/RW/2023 Minutes
"%0 %, M1sS ••
Joseph . Earman, Chairman
/RP ER C OU��S� •
Approved: June 6, 2023
Indian River County Florida Page 20