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Home My WebLink About11/21/2023 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov Meeting Minutes - Final Tuesday, November 21, 2023 9:00 AM Commission Chambers 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 Randi Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes - Final November 21, 2023 1. CALL TO ORDER Present: 5 - 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 Leslie Swan, Supervisor of Elections 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 3.A. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN Outgoing Chairman Joseph Earman expressed appreciation for his fellow Commissioners and staff, and recapped achievements made during his tenure. County Attorney Bill DeBraal opened the floor for nominations for the seat of Chairman of the Indian River County Board of County Commissioners. Commissioner Adams was nominated for Chairman of the Board by Commissioner Moss. There being no further nominations, County Attorney DeBraal closed the floor. A motion was made by Commissioner Moss, seconded by Commissioner Earman, to elect Commissioner Susan Adams as Chairman of the Board of County Commissioners. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 3.11. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN County Attorney Bill DeBraal opened the floor for nominations for the seat of Vice Chairman of the Indian River County Board of County Commissioners. Commissioner Flescher was nominated for Vice Chairman of the Board by Commissioner Earman. There being no further nominations, County Attorney DeBraal closed the floor. Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final November 21, 2023 A motion was made by Commissioner Earman, seconded by Chairman Loar, to elect Commissioner Joseph Flescher as Vice Chairman of the Board of County Commissioners. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and Commissioner Loar Nay: 1 - Commissioner Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 23-1053 Proclamation Honoring Emory J. Bailes II on his Retirement from Indian River County Board of County Commissioners, Department of Utility Services/Wastewater Collection Division Recommended Action: For informational purposes only - no action required Attachments: Proclamation Chairman Adams wished Mr. Bailes well in his retirement. No Action Taken or Required 7.B. 23-1050 Proclamation Designating World Prematurity Day November 17, 2023 Recommended action: Informational Purposes Only Attachments: Proclamation Commissioner Adams noted there would be an opportunity to contribute to the March of Dimes following the meeting. No Action Taken or Required 7.C. 23-1038 City of Sebastian Resolution No. R-23-24 Septic to Sewer Funding Opportunities Recommended Action: Information Only Attachments: City of Sebastian Resolution R-23-24 Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final No Action Taken or Required 7.D. 23-1052 Results from the 2023 Sea Turtle Nesting Season November 21, 2023 Recommended action: There is no action required by the BCC as this is being presented for informational purposes only. Attachments: Staff Report Coastal Resource Manager Quintin Bergman provided the Board with an update on the 2023 turtle nesting season in Indian River County. Referring to his presentation, Mr. Bergman shared details of the County's sea turtle program, and reported nest counts which showed that Leatherback nests had declined, but Loggerhead and Green turtles saw increases; a graph showed nest counts over time. Turtle nesting season runs from March 1 st to October 31 st. No Action Taken or Required 8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner Earman, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.A. 23-1044 Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/2023 Recommended Action: Accept the report Attachments: Comptroller Division Staff Report Accepted 8.B. 23-1045 Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 09/30/2023 Recommended Action: Accept the report Attachments: Comptroller Division Staff Report Accepted 8.C. 23-1047 Resolution Cancelling Taxes - Purchased from Myron J. Madsen, Jr. and Davene Madsen 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 Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final November 21, 2023 the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments: Staff Report Resolution Cancelling Taxes Warranty Deed Receipt from IRC Tax Collector Approved staffs recommendation and Resolution 2023-073, cancelling taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 8.D. 23-1041 Approval of Advance Purchase for Fire Rescue Apparatuses Recommended Action: Staff recommends the Board authorize the Purchasing Division to issue a Purchase Order in the amount of $3,812,520. Attachments: Staff Report IRC Proposal For 3 Engines Sourcewell Worksheet Pumper IRC Proposal Component List (3) Approved staffs recommendation 8.E. 23-1048 E911 CPE Hardware Refresh Work Authorization, AK Associates One -Year Maintenance Agreement, Sole Source Designation, and Application for 911 State Grant Program Recommended action: Staff recommends the Board declare AK Associates as the sole source provider for E911 CPE system service and parts, approve the quotes for the Solacom hardware refresh and the CPE hardware maintenance, authorize the 911 Emergency Communications Coordinator to sign the quotes, authorize the Purchasing Division to issue purchase orders, as necessary. Staff also recommends the Board approve the Application for E9-1-1 State Grant Program for the CPE Upgrade, and authorize the Chairman to execute and authorize the Director of Emergency Services to sign any documents necessary with the Florida E9-1-1 State Grant to execute the work, after review and approval by the County attorney as to form a legal sufficiency. Attachments: Staff Report Sole Source Letter AK Associates Budgetary Quote AK Maintenance Quote Grant Application 1 Approved staffs recommendation Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final November 21, 2023 8.F. 23-1046 Additional Service No. 4, for Additional Civil Engineering Services - St John's River Water Management District Permit Modification for Sandridge Golf Club - New Clubhouse Recommended Action: Staff recommends approving Additional Service No. 4 authorizing the $4,620.00 increase to the contract with Sparcdesign and authorizing the Chairman to sign the Additional Service #4 on behalf of the Board. The new total contract price will be $458,155.00 Attachments: Staff Report Agreement Additional Service #1 Additional Service #2 Additional Service #3 Additional Service #4 Approved staff's recommendation 8.G. 23-0752 6th Avenue Milling & Resurfacing, FM No. 438074-1-54-01, IRC -1638 Final Payment, Release of Retainage, and Change Order No. 1 Recommended action: Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 15 to OHL, USA, Inc. in the amount of $69,812.34 for final payment and release of retainage. Attachments: Staff Report Change Order No. 1 Approved staffs recommendation 8.H. 23-1032 Award of Bid No. 2023059, Traffic Operations Facility, IRC -2104 Recommended Action. Staff recommends the project be awarded to Proctor Construction Company, LLC in the amount of $5,310,348.97. 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 8.1. 23-1033 Award of Bid No. 2024011, Annual Asphalt Paving and Resurfacing, IRC -2304 Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final November 21, 2023 Recommended Action: Staff recommends the project be awarded to both M&M Asphalt Maintenance Inc. and Ranger Construction Industries, Inc. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement 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 8.J. 23-1034 CR603/Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber Bridge, IRC -1707, FDOT FM 441919-1-54-01, Release of Retainage and Change Order No. 1 Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1707-12 to C.W. Roberts Contracting, Inc. in the amount of $234,426.87 for release of retainage. Attachments: Staff Report Change Order No. 1 Approved staff's recommendation 8.K. 23-1043 Revision to AM -703.1 Leaves of Absence Recommended action: Staff respectfully requests the Board of County Commissioners approve staffs recommendation to revise AM -703.1 Leaves of Absence. Attachments: Staff Report AM 703.1 Leaves of Absence Approved staff's recommendation 8.L. 23-1055 Streaming Video Licensing Agreement with Steve Billig, dba Live Pickleball Courts for Cameras at Dick Bird (South County) Regional Park. Recommended action: Staff respectfully requests that the Board of County Commissioners approve the Streaming Video Licensing agreement with Steve Billig, dba Live Pickleball Courts and authorize the Chairman to execute the agreement after review and approval by the County Attorney for legal sufficiency. Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final November 21, 2023 Attachments: Staff Report Pickleball Cameras Agreement Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 23-1030 Clerk of the Circuit Court & Comptroller 2022/2023 Financial Statement & 2023 Excess Fee Report Attachments: Clerk Of Circuit Court & Comptroller Ryan Butler, Clerk of the Court and Comptroller, presented the Board with a check for $283,162.45 in unspent funds from the Comptroller's budget, and excess user fees from the Official Records Division. Mr. Butler thanked the Finance Department's staff for their work. A motion was made by Vice Chairman Flescher, seconded by Commissioner Earman, to accept the 2022/2023 Financial Statement and 2023 Excess Fee Report from the Clerk of the Circuit Court and Comptroller's Office. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 9.B. 23-1062 Property Appraiser 2022/2023 Annual Report Attachments: Property Appraiser Annual Report Wesley Davis, Indian River County Property Appraiser, submitted his annual report and noted his office would return $535,500 to the County. Mr. Davis discussed the technological improvements made to shorten turnaround time without adding staff. A motion was made by Commissioner Loar, seconded by Vice Chairman Flescher, to accept the 2022/2023 Annual Report from the Property Appraiser's Office. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 9.C. 23-1064 Sheriffs Office 2022/2023 Annual Report Attachments: Sheriff Reversion Letter Indian River County Sheriff Eric Flowers presented the Board with the return of excess fees, and also requested the return of some fees for outstanding purchase orders and increased costs from Treasure Coast Community Health for the Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final November 21, 2023 management of the jail's medical unit. Sheriff Flowers recapped the following numbers: the General Fund had an excess of $1,211,627.79, with $1,001,627 requested returned; the Law Enforcement Trust Fund had an excess of $115,009.68, with $24,900 requested returned; and the Offender Fees Fund had an excess of $3,410.68, with the full amount requested returned. A motion was made by Commissioner Earman, seconded by Commissioner Moss, to accept the Sheriffs Office 2022/2023 Annual Report. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 9.D. 23-1008 Tax Collector 2022/2023 Financial Statements & 2023 Excess Fee Report Attachments: Agenda Item Fiscal Year End 2023 Agenda Item Excess Fee Report 2023 Indian River County Tax Collector Carole Jean Jordan appeared before the Board with members of her staff to present a check for $2,554,421.81 in excess fees. Ms. Jordan discussed her Department's expansion, record number of transactions handled, and improvements made for faster service. A motion was made by Vice Chairman Flescher, seconded by Commissioner Moss, to accept the Tax Collector's 2022/2023 Annual Report. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 9.E. 23-1063 Supervisor of Elections 2022/2023 Annual Report Attachments: Supervisor of Elections Annual Report Supervisor of Elections Leslie R. Swan discussed State Senate Bill 7050 which was approved after her Department's budget had been submitted, and called for unfunded changes to many election materials. Ms. Swan thanked the Board for allocating the additional funds needed, and expressed gratitude for her staff. She reported a return of $12,693.01 to the County. A motion was made by Commissioner Earman, seconded by Commissioner Moss to accept the Supervisor of Elections' 2022/2023 Annual Report. The motion carried by the following vote: Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final November 21, 2023 Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 9.F. 23-1061 Supervisor of Elections Leslie R. Swan re: Municipal Elections Revenue Recommended Action: Request to have revenue received from November 7th municipal elections rolled into the Supervisor of Elections 2023/2024 budget Attachments: Supervisor of Elections Memo Supervisor of Elections Leslie R. Swan appeared before the Board to request the return of costs to conduct Municipal Elections in the cities of Sebastian and Vero Beach on November 7, 2023 in the amount of $91,383. A motion was made by Vice Chairman Flescher, seconded by Commissioner Earman, to approve the request to have revenue collected from the November 7, 2023 municipal elections rolled into the Supervisor of Elections 2023/2024 budget. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 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. 23-1040 Enterprise Leasing Company of Florida, LLC's Request for Abandonment of a 30' Wide Platted Right -of -Way [ROWA-23-06-02 / 94070074 - 944651 (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 C. Creagan presented a summary of the request for right-of-way (ROW) abandonment by Enterprise Leasing Company (Enterprise) as a map of the location was displayed. It was reported that all relevant departments had recommended approval, and the applicant had coordinated with the FEC Railway which ran along the western border of the property. Chairman Adams received clarification that the ROW spanned across two properties and would be used for the planned expansion of Enterprise. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final November 21, 2023 The Chairman opened the floor of the public hearing for comments. Peter Waldman, attorney for Enterprise, appeared before the Board to answer any questions. There were none. There being no further comment, the Chairman closed the public hearing. A motion was made by Commissioner Loar, seconded by Vice Chairman Flescher, to approve staffs recommendation and Resolution 2023-074, providing for the closing, abandonment, vacation and discontinuance of a portion of a 30' wide unimproved, unnamed right-of-way, west of Lot 7 and east of the FEC railroad in the Vero Land Company subdivision located in Indian River County, Florida. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. 23-1059 Public Notice of Public Hearing for December 5, 2023, to Consider Amending an Ordinance Imposing An Additional Cent of Tourist Development Taxes Attachments: Staff Report County Attorney Bill DeBraal read the public hearing notice into the record. Commissioner Earman requested staff provide a timeline for the referendum process at the public hearing. No Action Taken or Required 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 Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final November 21, 2023 G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman B. Commissioner Susan Adams C. Commissioner Joseph E. Flescher 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 15.8.1. 23-1054 Twenty Second Amendment and Extension to Republic Services Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the Twenty Second Amendment and Extension to Republic Services; and authorize the Chairman to execute the agreement Attachments: Staff Report Twenty -Second Amendment & Extension Ronnie Jones, Assistant Managing Director, Solid Waste Disposal District, appeared before the Board to request approval of an extension to the existing contract with Republic Services for landfill operations. The extension would be for nine months, from January 1, 2025 through September 30, 2025, to better align it with the Department's fiscal year budget as well as other contracts. A motion was made by Commissioner Earman, seconded by Vice Chairman Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final November 21, 2023 Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - 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 9:53 a.m. Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes — Final November 21, 2023 ATTEST: — X/Z 2 A-3 5 -�� Ryan L. Butler Clerk of Circuit Court and Comptroller e BCC/RW/2023 Minutes fi Chairman `9i' 1` , :o�•=' Approved: January 9, 2024 Indian River County Florida rage 74