HomeMy WebLinkAbout04/09/2024 (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, April 9, 2024
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
Shauna James, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final April 9, 2024
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
Commissioner Deryl Loar
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved: Item 15.B.A to be heard after Item 5.C.
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Moss, to approve the Agenda as amended. 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
5.A. 24-0104 Proclamation for Prevention of Child Abuse Month, April 2024
Recommended Action: Read & Present
Attachments: Proclamation
Joseph Walsh, Region 9 Vice President of The Exchange Club of the Treasure Coast,
expressed his gratitude to the Board for acknowledging April as the Prevention of
Child Abuse Month. He mentioned that preventing child abuse had been the national
project of the Exchange Club since 1979. Mr. Walsh stated that the organization had
established four child abuse prevention centers in Florida, and they were working on a
fifth. These centers provided a program called Parenting Matters, which focused on
keeping families together, preventing abuse, and ensuring that children do not end up
in foster care.
Read and presented by Commissioner Earman
5. B. 24-0180 Presentation by the Boys & Girls Club for Junior Youth of the Year and Youth of the
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Year
Recommended Action: Recommend & Present
Chief Operating Officer of the Boys and Girls Club of Indian River County Laura
Luettger introduced the 2024 Youth of the Year, Angela Martinez Hernandez. Ms.
Luettger used a PowerPoint presentation to explain the rigorous competition that
candidates must undergo. Ms. Hernandez, a first -generation Mexican and the first in
her family to be born in the United States, presented her competition speech to the
Board. Chairman Adams wished her luck at the national level.
Presented by The Boys and Girls Club
5.C. 24-0341 Proclamation Designating April 21-27, 2024 as Crime Victims' Rights Week in Indian
River County
Recommended Action: Read & Present.
Attachments: Proclamation
Paul Zelno, a volunteer with the Indian River County Victims' Rights Coalition
(Coalition), was joined by Indian River County Sheriff Eric Flowers, Indian River
County Deputies, Director of Victims' Services Barbara Faulkner, and other
volunteers from the Coalition. Mr. Zelno stated the 19th Annual Memorial Vigil
would be held on April 27, 2024, at 9:00 AM.
Ms. Faulkner thanked the Board for the Proclamation; she also thanked the Sheriffs
office, and the Advocates at the State Attorney's office. She stated the Coalition had
been the most supportive in helping her office provide the financial needs and support
for victims in Indian River County.
Sheriff Flowers thanked the Board for taking the time to recognize the victims.
Vice Chairman Flescher and Mr. Zelno discussed the need for volunteers.
Read and presented by Vice Chairman Flescher
6. APPROVAL OF MINUTES
6.A. 24-0299 Regular Meeting of February 6, 2024
Recommended Action: Approve
Attachments: 02062024 BCC Draft
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Earman, to approve the Regular Meeting Minutes of February 6, 2024 as written.
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 24-0302 Presentation of Proclamation Designating April 22, 2024, As Earth Day 2024
Recommended Action: For informational purposes only - No action required
Attachments: Proclamation
Chairman Adams commented on the Proclamation designating April 22, 2024, as
Earth Day and encouraged everyone to commit to greater causes such as recycling
education, water conservation, and food waste prevention. She highlighted several
events happening in the County in recognition of Earth Day.
No Action Taken or Required
7.B. 24-0303 Presentation of Proclamation Designating April 2024 as Water Conservation Month
in Indian River County
Recommended action: For informational purposes only - No action required
Attachments: Proclamation
No Action Taken or Required
7.C. 24-0313 Florida Public Service Commission Consummating Order No.
PSC-2024-0078-FOF-EI, Petition for rate increase by Florida Power & Light
Company, is on file for review in the Office of the Clerk to the Board.
Recommended Action: Informational Item
No Action Taken or Required
7.D. 24-0320 Event Calendar
Recommended Action: Informational item; no Board action is required
Attachments: Staff Report
No Action Taken or Required
7.E. 24-0321 Celebration of Earth Week in Indian River County
Recommended Action: This item does not require any action by the Board
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Attachments: Staff Report
S. CONSENT AGENDA
No Action Taken or Required
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Loar, to approve the Consent Agenda as amended, pulling Items 8.H., 8.1., and
8.X. for discussion. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
8.A. 24-0231 Checks and Electronic Payments February 23, 2024 to February 29, 2024
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller
Division for the time period of February 23, 2024 to February 29, 2024
Attachments: Comptroller Division Staff Report
Approved
8.13. 24-0245 Checks and Electronic Payments March 1, 2024 to March 7, 2024
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller
Division for the time period of March 1, 2024 to March 7, 2024
Attachments: Comptroller Division Staff Report
Approved
8.C. 24-0290 Checks and Electronic Payments March 8, 2024 to March 14, 2024
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller
Division for the time period of March 8, 2024 to March 14, 2024
Attachments: Comptroller Division Staff Report
Approved
8.D. 24-0310 Checks and Electronic Payments March 15, 2024 to March 21, 2024
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller
Division for the time period of March 15, 2024 to March 21, 2024
Attachments: Comptroller Division Staff Report
Approved
8.E. 24-0324 Checks and Electronic Payments March 22, 2024 to March 28, 2024
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller
Division for the time period of March 22, 2024 to March 28, 2024
Attachments: Comptroller Division Staff Report
Approved
8.F. 24-0309 Annual Financial Report
Recommended action: Approve the report and authorize Chairman to execute any related documents.
Attachments: Comptroller Division Staff Report
Annual Financial Report
Approved
8.G. 24-0292 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 staffs recommendation
8.H. 24-0325 Insurance Renewal FY25
Recommended Action: Staff recommends that the Board approve the proposed renewal and authorize staff
to bind coverage for May 1, 2024 through April 30, 2025, with a current annual
premium of $4,109,489.04. The renewal premium is based upon the current
schedule of values, coverage selections, and includes the annual broker fee of
$125,000.
Attachments: Staff Report
Executive Summary
Commissioner Loar stated that the self-insurance fund and property casualty
insurance must be renewed annually. He wanted to inform the public that the
insurance needs of county buildings were assessed, and as a result, the rates would
increase by more than 3%.
A motion was made by Commissioner Loar, seconded by Commissioner Earman,
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
8.1. 24-0223 Request for Approval of Third Amendment to the Amended and Restated Facility
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Lease Agreement Jackie Robinson Training Complex
Recommended Action: 1. Staff recommends the Board of County Commissioners approve the proposed
Third Amendment to the Amended and Restated Facility Lease Agreement for the
Jackie Robinson Training Complex and authorize the Chairman to execute the Third
Amendment in substantial form subject to minor changes after review and approval by
the County Attorney. 2. Additionally, staff requests the Board of County
Commissioners waive the requirement for bids in order to allow MLB Verotown to
manage the additional projects under the Third Amendment and to complete facility
improvement projects contemplated by the Third Amendment to the Agreement as
detailed above in a similar manner to the original approval on December 18, 2018,
and February 9, 2021, and July 12, 2022, respectively.
Attachments: Staff Report
First Amendment
Second Amendment
Proposed Third Amendment
Commissioner Moss stated she was opposed to this Item and had voted against
previous amendment requests on February 9, 2021, and on July 12, 2022.
Deputy County Administrator Mike Zito stated that the agreement between the
County and Major League Baseball (MLB) was a partnership in which both parties
shared the cost of upgrading the facility. As per the amendment to the agreement, the
remaining surplus funds of $250,000, which were allocated for the asbestos
remediation project, would be used to cover the plumbing improvements required to
complete the Villas renovation project. Mr. Zito confirmed that this was the County's
final obligation, except for the roof repair mentioned in the original agreement.
Vice Chairman Flescher stated that this relationship with MLB was established so that
MLB would manage the construction of certain improvements and share responsibility
for selecting the contractors.
Mr. Zito responded that the County could not take on this process due to the gravity
of the current in-house projects. This methodology had worked very well and ensured
pricing and quality. No new funding was required for this recommendation.
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Earman, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and
Commissioner Loar
Nay: 1 - Commissioner Moss
8.J. 24-0328 Acceptance of Donation for Westlaw Legal Research Database at Access to Justice
Indian River County Florida Page a
Board of County Commissioners Meeting Minutes - Final
8.K
April 9, 2024
Recommended Action: Staff respectfully recommend that the Board of County Commissioners approve the
donation from the United Way.
Attachments: Staff Report
Approved staffs recommendation
24-0288 Restroom Renovations for Main and North County Libraries - Work Order No. l
Edlund, Dritenbas, Binkley Architects and Associates, P.A. (IRC -2403)
Recommended Action: Staff recommends the Board of County Commissioners approve Work Order No. 1
in the not -to -exceed amount total of $45,300.00 with Edlund, Dritenbas, Binkley
Architects and Associates, P.A and authorize the Chairman to execute the same.
Attachments: Staff Report
Work Order No.1
Approved staffs recommendation
8. L. 24-0291 Approval of Renewal for a Class 'B" Certificate of Public Convenience and Necessity
for Indian River Shores Public Safety Department to Provide Inter -facility Ambulance
Transportation Services
Recommended action: Staff respectfully recommends that the Board of County Commissioners approve
renewal of the Class "B" Certificate of Public Convenience and Necessity for Indian
River Shores Public Safety Department to be effective for a period of two (2) years
from April 15, 2024 to April 15, 2026.
Attachments: Staff Report
Renewal Application
Certificate
Approved staffs recommendation
8.M. 24-0293 Second Extensions and Amendments to Disaster Debris Management Services
Agreements
Recommended Action: Staff recommends the Board approve the Second Extension and Amendment
documents and authorize the Chairman to sign them after the County Attorney has
approved them as to form and legal sufficiency.
Attachments: Staff Report
Second Extension and Amendment - Ceres
Second Extension and Amendment - Crowder
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Board of County Commissioners Meeting Minutes - Final
Approved staffs recommendation
8.N. 24-0294 Work Order No. 10 - Kimley-Horn and Associates, Inc. - Engineering Design
Services - Administration Complex to Sebastian
April 9, 2024
Recommended Action: Staff recommends approval of Work Order No. 10 to Kimley-Horn and Associates,
Inc., authorizing the professional services as outlined in the Scope of Services and
requests the Board authorize the Chairman to execute Work Order No. 10 on their
behalf for a lump sum amount of $479,540.00.
Attachments: Staff Report
Work Order 10
Approved staffs recommendation
8.0. 24-0296 Utility Work by Highway Contractor Agreement for Water and Sewer Construction
on IRC Project 43rd Avenue Bike & Pedestrian Improvements (12th Street to 18th
Street), IRC -1818
Recommended action: Staff recommends the Board of County Commissioners approve the `Utility Work by
Highway Contractor Agreement' for estimated lump sum amount of $694,895.04 and
requests the Board of County Commissioners authorize the Chairman to execute the
`Utility Work by Highway Contractor Agreement' on their behalf.
Attachments: Staff Report
Utility Work by Highway Contractor Agreement
Approved staffs recommendation
8.P. 24-0297 Request for Release of a Drainage Easement at 5298 Old Dixie Highway
Recommended Action: Staff recommends that the Board, through adoption of the attached Resolution, approve
the release of the drainage easement at 5298 Old Dixie Highway.
Attachments: Staff Report
Map Depicting Easement Proposed for Release
Proposed County Resolution Releasing Easement
Approved staffs recommendation and Resolution 2024-013, releasing a drainage
easement on Lot 1, 53rd Street / US1 commercial subdivision replat of Lots 2 & 3.
8.Q. 24-0308 Request for Release of a Portion of the Utility, Drainage, and Golf Course Maintenance
Easement at 5805 Clubhouse Drive
Recommended Action: Staff recommends that the Board, through adoption of the attached Resolution, approve
the release of a portion of the utility, drainage, and golf course maintenance easement at
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
5805 Clubhouse Drive
Attachments: Staff Report
Portion of Easement Proposed for Release
Proposed County Resolution
Approved staffs recommendation and Resolution 2024-014, releasing an
easement (or portion thereof) on Lot 1, Unit 2 of the Bent Pine subdivision.
8. R. 24-0317 Award of Bid 2024040 - Fairgrounds Ag Pavilion Roof Coating
Recommended action: Staff recommends the Board award Bid 2024040 to Atlantic Roofing II of Vero
Beach, Inc. in the amount of $98,967.00. Staff further recommends the Board
approve the sample agreement and authorize the Chairman to execute said agreement
after review and approval of both the agreement and required Public Construction
Bond by the County Attorney as to form and legal sufficiency, and the receipt and
approval of required insurance by the Risk Manager.
Attachments: Staff Report
Agreement
Approved staffs recommendation
8.S. 24-0326 Resolution Cancelling Taxes on a Property Purchased by the City of Fellsmere for
Public Purpose
Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the
Resolution to cancel current and future ad valorem taxes upon the publicly owned
land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and
Property Appraiser so that the current ad valorem taxes and future ad valorem taxes
may be cancelled.
Attachments: Staff Report
Letter
Resolution
Approved staffs recommendation and Resolution 2024-015, cancelling certain
taxes upon publicly owned lands pursuant to Section 196.28, Florida Statutes.
8.T. 24-0330 Easement for Florida City Gas
Recommended Action: Staff recommends that the Board of County Commissioners approve the 0.069 acre
permanent easement to Florida City Gas in accordance with the attached legal sketch
and description, authorize the County Attorney's office to finalize the legal documents
to record the approved easement, and authorize the Chair to execute the final legal
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
documents to effectuate the granting of the approved easement.
Attachments: Staff Report
Legal Sketch and Description
Approved staffs recommendation
8.U. 24-0331 Carter Associates, Inc. Work Order Number 1, RFQ 2023015 - South Oslo
Riverfront Conservation Area Floodplain Restoration Project Design
Recommended Action: Staff respectfully requests that the Board of County Commissioners approve Carter
Associates, Inc. Work Order Number 1 - Continuing Consulting Engineering Services
RFQ 2023-015 for the South Oslo Riverfront Conservation Area Floodplain
Restoration Project Design in the amount of $39,445.00 and authorize the Chairman
to execute the same after review and approval by the County Attorney for legal
sufficiency.
Attachments: Staff Report
WO #1 Carter Associates, Inc.
Approved staffs recommendation
8.V. 24-0332 Sam's Hobby Barn Developer's Agreement
Recommended action: Staff recommends that the Board of County Commissioners approve Sam's Hobby
Barn Developer's Agreement with the County and authorize the Chairman to execute
the agreement to reimburse Samuel F. Gagliano in the amount of $6,730.80 for the
work performed in the agreement.
Attachments: Staff Report
Developer's Agreement between Samuel F Gagliano and IRC
Approved staffs recommendation
8.W. 24-0335 FDOT Utility Work by Highway Contractor Agreement for Utilities Relocation on
CR-510/85th Street from CR -512 to 87th Street
Recommended Action: Staff recommends that the Board approve the Utility Work by Highway Contractor
Agreement with the Florida Department of Transportation for construction of
CR-510/85th Street from CR -512 to 87th Street utilities relocation and the budget of
$3,919,997.58 with 3,266.664.58 payable to Florida Department of Transportation
and $653,333.00 retained by Indian River County Department of Utility Services for
cost escalations and authorize the Chair to execute the same. So long as there are no
changes in the dollar amount under the work orders, upon adequate completion of the
work set forth in the work orders, staff is directed to make final payments to the
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Florida Department of Transportation, after review and approval by the Purchasing
Manager and the County Attorney's Office.
Attachments: Staff Report
Utility Work by Highway Contractor Agreement (UWHCA)
Approved staffs recommendation
8.X. 24-0339 Request Approval to Bid Gifford Elevated Storage Tank Rehabilitation IRCDUS
Project ID 13.23.538
Recommended Action: Staff recommends that the Indian River County Board of County Commissioners
authorize the Department of Utility Services solicit bids to select a contractor for the
Gifford Elevated Storage Tank Rehabilitation project.
Attachments: Staff Report
Director of Utility Services Sean Lieske stated that a report done by Kimley-Horn
Associates (KHA) showed structural deficiencies associated with the Gifford
Elevated Storage Tank (EST), and the estimate to ensure the tank was stabilized and
able to be utilized was $559,200. He stated the EST had been isolated from the
water distribution system and was no longer operational. However, the County
continued to lease the EST to cellular carriers to mount antennas and ancillary
equipment. Mr. Lieske added that to maintain the tank's structural integrity, the Indian
River County Department of Utility Services (IRCDUS) had determined that
proceeding with the EST rehabilitation was in their best interest. He stated that after
the repairs were finished, the EST would be handed over to either the Public Works
Department or the Parks Department for long-term operation and maintenance. The
EST would continue to be a cellular tower and serve as a landmark for the Gifford
Community.
Commissioner Earman was in agreement with keeping the EST and turning it over to
Public Works after repairs were completed. Mr. Lieske confirmed to Commissioner
Earman that Information Technology Director Dan Russell had received a
commitment from Verizon to utilize the tower and that this commitment would offset
some of the repair costs.
Vice Chairman Flescher emphasized the importance of maintaining the iconic structure
in Gifford. He noted that other resources were available to ensure ample public water
without the use of the EST. Mr. Lieske responded to Commissioner Flescher that the
EST would be filled with water or other material to keep it stabilized during high wind
events.
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Vero Beach resident Tom Sullivan did not agree with keeping the EST, and he felt it
was not a wise use of money. He did not view the EST as an iconic landmark and did
not feel it was worth the continued maintenance. If declared a Historic Landmark, it
would generate even more costs, and he felt the EST had outlived its life.
Anthony Brown, Vero Beach resident, expressed his views on the EST, stating that it
was an iconic structure that posed no threat to the community. He further added that
the residents of Gifford took pride in the EST as it represented their community. He
requested that the Board allow the EST to remain in place.
A motion was made by Commissioner Earman, seconded by Vice Chairman
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
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
10.B.1. 24-0295 Request to Speak from Siobhan McGoorty of State Attorney's Office re: Sexual
Assault Awareness Month
Attachments: Request to Speak
Siobhan McGoorty of the 19th Judicial Circuit State Attorney's Office Sexual
Assault Assistance Program stated that April was Sexual Assault Awareness
Month, aimed at raising awareness and showing support to survivors. On April
12, 2024, a Survivor Empowerment Walk would be held at the Indian River
Courthouse from 6:00 p.m. to 8:00 p.m. It would be followed by a message from
survivors and supporters, and a candlelight vigil to show support for survivors in
Indian River County.
No Action Taken or Required
10.B.2. 24-0315 Request to Speak J. Calmbach re: Surene Mobile Home Park Code Enforcement
Issues
Recommended Action: No Action Required
Attachments: Request to Speak J. Calmbach
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Vero Beach resident Joe Calmbach stated his issue involved six (6) vacant lots in
Su -Rene Mobile Home Park (Su -Rene), which was established in 1971. Since
1971, four (4) of the six (6) vacant lots had never had a house on them. He
stated that a year ago, infrastructure for RV campers and motor coaches had
begun to be installed. Mr. Calmbach stated he had spoken with Planning and
Development Services Director Andy Sobczak and Planner Patrick Murphy, and
was told the property was not zoned for this type of infrastructure and would have
to be rezoned, and a new site plan would have to be issued, which would require
a notice and an opportunity to be heard. Under Indian River County Municode
Section 800.05, letters must be sent to the homeowners; notices must be posted
on the property, and a hearing before this Board must be held.
He pointed out that on April 5, 2024, an application for Administrative Approval
was filed with Indian River County, which does not require all the due process of
Section 800.05. This meant that the elderly residents of Su -Rene and the
surrounding community would be left in the dark about the impending change in
use. According to the Administrative Code, the application for Administrative
Approval was designed for small changes, such as changing a restaurant to a retail
space, not for a change of use of the property.
Mr. Calmbach stressed that this change would impact the values of the homes,
leaving all of the residents without the knowledge that their property rights were
about to be altered. He reiterated that the residents and homeowners in Su -Rene
deserved due process, and this Board had the authority and responsibility to
ensure due process was upheld. He passionately appealed to the Board to make
certain that the property received due process and an opportunity to be heard
before the change in use of the property occurred.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
10.C.1. 24-0319 Notice of a 2nd Special Call Meeting for the Solid Waste and Recyclables
Collection Services (RFP #2024020)
Recommended Action: Staff recommends issuing a Notice of a 2nd Special Call meeting on Wednesday,
April 24, 2024, at 4:00 PM in the County Commission Chambers in
Administration Building A.
Attachments: Staff ReDolt
County Attorney Bill DeBraal read the notice into the record.
The Chairman called for a recess at 10:01 a.m. and reconvened at 10:07 a.m. with all
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members present.
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
12.F.1. 24-0298 Children's Services Funding Allocation for Fiscal Year 2024/25
Recommended Action: The County Administrator recommends the Board approve funding for Children's
Services agencies at the current 0.1250 millage rate which would generate
$3,149,351 in funding for FY 2024/25.
This amount provides a 13.6% increase or $376,148 additional dollars when
compared to the current year's funding.
Attachments: Staff Report
Funding history FY97/98 - FY24/25
Children's Services Update
Senior Budget Analyst Ruth Bommarito stated that the Board of County
Commissioners approved funding allocation for Children's Services each year.
This amount was then allocated to the applicants based on the Children's Services
Advisory Committee (CSAC) recommendations. The County had historically
changed the funding allocation based on the previous fiscal year's tax roll, with
exceptions during the economic downturn. On May 17, 2022, the Board
approved changes to the CSAC Ordinance, which increased the maximum
millage cap to 0.2500 mills, up from the previous cap of 0.1250 mills. On March
7, 2023, the Board of County Commissioners elected to keep the millage rate at
0.1250, or 1 /8th of a mill, to fund the Children's Services programs for FY
2023/24, which provided $2,773,383 in current fiscal year funding.
Community Services Director Cindy Emerson expressed her gratitude to the
Commissioners for their continuous support towards children and families in the
community. To showcase the remarkable progress made by the CSAC, Ms.
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Emerson utilized a PowerPoint presentation highlighting their significant
achievements. These accomplishments included a successful social media
campaign, an updated website, increased fidelity measures, and a considerable
increase in the frequency of the CSAC meetings. Ms. Emerson emphasized
funding priorities, which included specific focus on areas ranked by priority and
associated data indicators. She highlighted prevention, early
identification/intervention, and the importance of building parent/guardian capacity
in children's services. She concluded that the upcoming staff priorities were
strategic planning, a community forum, expanding agency professional
development, and increased communication.
CSAC member Hope Woodhouse voiced her concerns to the County
Commissioners, expressing her disappointment with the perceived lack of
commitment. Despite an Ordinance that was supposed to increase the allocation
from 0.125 to 0.2500 gradually, the County had reached 0.0125 only last year.
Ms. Woodhouse stressed the importance of honoring commitments and
expressed her hope that the Commissioners would prioritize the County's and the
children's future, as agreed upon in 2022.
Irene Cauwels, the Director of Operations at the Substance Awareness Center,
spoke on behalf of Carrie Lester, the center's Executive Director. Ms. Cauwels
highlighted the difficulty of attracting and retaining staff, citing an open position for
a counselor since June of last year. The budget for this role was increased from
$50,000 to $65,000, with a $3,000 bonus to attract a qualified candidate. Ms.
Cauwels compared Indian River County with Martin County's Children's
Services, which spends approximately $9 million yearly, while Children's Services
in Indian River County spends approximately $3 million. She urged the Board to
reconsider the funding for youth programs, which had been grossly underfunded.
CSAC Chair and Health Officer for Indian River County Miranda Swanson
praised the committee and its sub -committees for their exceptional work over the
last year. She stated they had developed infrastructure, trained agencies, and built
evaluation and monitoring systems. As they embarked on the strategic plan, much
more was to come. Ms. Swanson believed in investing in children's services and
the community.
Sebastian City Council and CSAC Board member Bob McPartlan expressed his
full support for the 10% increase in funding. He emphasized how this funding
would contribute to the development of children, making them the best they could
be and moving them forward. Moreover, it would assist families in need, bringing
them out of poverty and improving their quality of life.
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Vero Beach resident Anthony Brown praised the CSAC's excellent work serving
the community. He acknowledged the incredible people on the committee and
urged others to recognize the positive impact of the funds spent. He expressed his
offense at personal vendettas against the process and emphasized that the
committee was doing excellent work funding Children' Services, which could use
more funding.
Indian River School Board Vice Chair Peggy Jones, speaking as a resident and
not on behalf of the School Board, emphasized the community's deep care for
non-profit organizations. She highlighted that everyone on the committees
including herself, was there for a specific reason - to help the County's youth and
adults. This was what made a community unique in terms of accountability. Ms.
Jones further underlined that the members of committees such as the CSAC have
very high expectations and were accountable to the students. Ms. Jones urged the
Board to prioritize the children's well-being while making decisions regarding
CSAC. She stressed that the most critical issue was ensuring that the children
were taken care of, which should be the guiding principle in all decision-making
processes.
CSAC member Robert (Bob) Schlitt recommended that the Board approve the
10% increase in the millage rate. He believed that Indian River County had an
opportunity to become a beacon for children's services in the state. He stated that
staff annually reviewed every program funded and provided information to citizens
about the services available to children and families.
Sheriff Eric Flowers stated he felt compelled to address the crucial issue of
government funding for youth programs. He stated whether we choose to invest in
organizations like the Boys and Girls Club, Moonshot, or other charitable causes
such as Healthy Start, the fact is that we will be spending money on these children
in one way or another. If we neglect to provide them with positive outlets, they
may end up on the streets, potentially engaging in criminal activities. Investing in
charitable causes that benefit our youth was a better use of our tax dollars than
having law enforcement interact with them. Sheriff Flowers stated his support for
increasing funding for youth programs and saw it as a step in the right direction.
The following spoke against the 10% increase:
Vero Beach resident Susan Mehiel believed that children's charities were still
important, although it was unclear whether their funding and resources had
improved the problems that children face. She believed early intervention to
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
improve literacy was crucial, but maintaining progress in later grades was equally
important. Ms. Mehiel suggested that the encouragement to pursue trades instead
of college was great. She also stated that, instead of significantly increasing
funding, it would be good stewardship of taxpayer dollars to assess whether the
new databases and evaluation processes were working and producing concrete
results. It was her opinion that simply granting more money without solid evidence
of effectiveness was not a wise approach.
Doug Demuth, Vice President of the Taxpayer Association and CSAC member,
presented the Taxpayer Association's (TPA) stance. He emphasized that
providing additional funding to CSAC before it resolved its duplicate funding
issues and accountability problems would be premature. The TPA recommended
maintaining the current funding levels for the year. He stated that before
considering increasing CSAC funding, the Commissioners should demand
program -by -program requests for proposals from CSAC. This would outline
CSAC's steps to address each program's mission statement, ensuring complete
transparency for Indian River County taxpayers.
The Board engaged in discussion, expressing its appreciation for the
transformative changes implemented at CSAC. It commended the unwavering
dedication of the CSAC committee, subcommittees, the needs assessment
committee, the grant review committee, and staff and affirmed that CSAC had
diligently fulfilled all their obligations. The Board underscored the importance of
transparency and oversight, ensuring the community's trust and confidence.
The Board agreed on the importance of investing in the children. They recognized
that such investments could pave the way for them to become good citizens and
active members of our communities in the future. The Board envisioned a future
where these children could potentially become entrepreneurs, community leaders,
teachers, firefighters, and more. They also acknowledged the long-term
affordability of investing in charitable causes versus re-entry programs after
release from jail or prison.
Chairman Adams stated that it was the County's primary responsibility to ensure
the communities' health, safety, and welfare. This underscored the importance of
the Board's decisions and the impact they could have on the lives of residents.
Commissioner Loar moved to approve staffs recommendation to keep funding
for the CSAC at the current 0.1250 millage rate.
With a motion on the floor, County Attorney Bill DeBraal sought clarification of
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Board of County Commissioners Meeting Minutes - Final
April 9, 2024
the motion. Chairman Adams stated that the motion was to approve the staff's
recommendation to fund CSAC at the current 0.1250 millage rate.
A motion was made by Commissioner Loar, seconded by Vice Chairman
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
G. Parks, Recreation, and Conservation
H. Planning and Development Services
1. Public Works
J. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A.1. 24-0316 Authorization to proceed with foreclosures on Code enforcement cases:
(2021110002) Frenezy, (2021030024) Richardson, (2022040148) TWLS 2025
LLC, (2022050008) TWLS 2035 LLC, and (202307005 1) Mortgage Assets
Management, LLC
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
TWLS 2025 LLC Recorded Order Imposinq Fine
TWLS 2025 Deed
TWLS 2035 Recorded Order Imposing Fine
TWLS 2035 deed
Richardson Mark Recorded Order Imposing Fine
Richardson, Mark Deed
Mortaaae Assets Mqmt Recorded Order Imposing Fine
Mortgage Assets Management Deed
Frenezv Recorded Order Imposing fine
Frenezv Deed
Deputy County Attorney Susan Prado presented Case Number 2021110002
(Frenezv) as a code enforcement action that began in 2021 regarding vehicle storage,
junk vehicles, junk/trash/debris, and weeds taller than 12 inches. The respondent was
found guilty of violating the Indian River County Code of Ordinances at an evidentiary
hearing held on May 23, 2022. They were given 90 days to correct the violations but
failed to do so, resulting in a fine of $250 per day. The current fine was $140,000.
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
Attorney Paul O'Neal, who represented the property owner, stated the property
owner unknowingly and unintentionally purchased a vacant lot instead of the house at
4590 32nd Ave, Vero Beach. He stated that Mr. Tucson had saved up to buy a
home and enlisted a real estate agent to assist him. The agent showed him the
property at 4590, which had a lockbox with the same number. Mr. Tucson paid
$41,000 in cash, received the keys, and began remodeling the house. Mr. O'Neal
stated that a few years later, the property owner started to receive notices from the
County on the violations regarding junk vehicles on his property. Initially, he ignored
them, thinking they referred to the neighboring property. Upon investigation, it was
discovered that he had not been deeded the house he had purchased but, instead, the
vacant lot next to it. Attorney O'Neal inquired whether the Board or the Attorneys
had the authority to waive some or all of the fine if the property came into full
compliance.
Ms. Prado advised Mr. O'Neal to resolve the code enforcement issues and plead the
case before the Code Enforcement Board (CEB). If compliance was achieved, the
CEB would decide whether to reduce the fine, which could be lowered to
administrative costs plus 10%.
The Board, staff, and Mr. O'Neal further discussed the foreclosure process and
timeline.
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,
to approve staffs recommendation to proceed with foreclosure on Code
enforcement case: 2021110002 (Frenezy). The motion carried by the following
vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
Deputy County Attorney Susan Prado reported that Case Number 2021030024
(Richardson) involved a code enforcement action starting in 2021 for property
maintenance, site plan noncompliance, and unauthorized use of the property. After an
evidentiary hearing, the respondent was found in violation of the IRC Code and given
90 days to correct the violations. At the compliance hearing, the Code Enforcement
Board issued a fine of $100.00 per day as the property was never brought into
compliance. The current fine was $99,000.
A motion was made by Commissioner Loar, seconded by Vice Chairman
Flescher, to approve staffs recommendation to proceed with foreclosure on Code
enforcement case: 2021030024 (Richardson). The motion carried by the following
vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
Deputy County Attorney Susan Prado presented Case Number 2022040148
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
(TWLS 2025 LLC). This code enforcement action started in 2022 with a complaint
regarding zoning district use violation, vehicle parking/storage violation, commercial
vehicles at residence, and home occupation violation. After an evidentiary hearing on
June 27, 2022, the respondent was found in violation of the IRC Code and given
30 -days to correct the violations. At a compliance hearing held on July 25, 2022, the
Code Enforcement Board determined that the respondent did not bring the property
into compliance and issued an order for a fine in the amount of $250.00 per day. The
order was recorded at O.R. Book 3564 and Page 1099. The property was never
brought into compliance. The current fine was $156,500.
A motion was made by Commissioner Loar, seconded by Vice Chairman
Flescher, to approve staffs recommendation to proceed with foreclosure on Code
enforcement case: 2022040148 (TWLS 2025 LLC). The motion carried by the
following vote:
Deputy County Attorney Susan Prado presented Case Number 2022050008
(TWLS 2035 LLC); this code enforcement action started in 2022 with a complaint
regarding zoning district use, vehicle parking/storage, and no building permit
violations. After the evidentiary hearing on September 26, 2022, the respondent was
found in violation of the IRC Code. The respondent was given 30 days to correct the
violations that were found. At a compliance hearing held on October 24, 2022, the
Code Enforcement Board determined that the respondent did not bring the property
into compliance and issued an order for a fine in the amount of $250.00 per day. The
order was recorded at O.R. Book 3582 and Page 1451. The property was never
brought into compliance. The current fine was $133,700.
A motion was made by Commissioner Earman, seconded by Chairman Adams,to
approve staffs recommendation to proceed with foreclosure on Code
enforcement case: 202205008 (TWLS 2035 LLC). The motion carried by the
following vote:.
Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
Deputy County Attorney Susan Prado presented Case Number 2023050051
(Mortgage Assets Management, LLC); this code enforcement action started in 2023
with a complaint regarding property maintenance, swimming pool maintenance,
unsecured vacant structure, and overgrown weeds. There was an evidentiary hearing
on September 25, 2023, and the respondent was found in violation of the IRC Code.
The respondent was given a 60 -day time frame to correct the violations that were
found. At a compliance hearing held on November 27, 2023, the Code Enforcement
Board determined that the respondent did not bring the property into compliance and
issued an order for a fine in the amount of $100.00 per day. The order was recorded
at O.R. Book 3667 and Page 1312. The property was never brought into
compliance. The current fine was $13,600
A motion was made by Commissioner Moss, seconded by Commissioner Earman,
to approve staffs recommendation to proceed with foreclosure on Code
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
enforcement case: 2023070051 (Mortgage Assets Management, LLC). The motion
carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner
Moss, and Commissioner Loar
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
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.
[Clerk's note: Item 1 S.B.A. was heard after Item 5. C.]
15.B.A. 24-0318 Residential Paper Shredding Event on April 27, 2024
Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the Spring
Residential Paper Shredding Event to be held on April 27, 2024.
Attachments: Staff Report
SWDD MOU with WM 2023
Recycling Specialist Jill Brown announced the residential paper Shredding event
would be held on Saturday, April 27, 2024, from 8:00 a.m. to 12:00 p.m. at
Southeast Secure Shredding. She stated there was no charge, but participation was
limited to one drop off per vehicle, per household, up to 35 lbs. Ms. Brown stated
that at the last event, on November 18, 2023, 560 cars came through, which diverted
eight tons of paper from the landfill.
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Board of County Commissioners Meeting Minutes - Final April 9, 2024
No Action Taken or Required
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 12:10 p.m.
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Board of County Commissioners Meeting Minutes — Final April 09, 2024
ATTEST:
Ryan 1 Butler
Clerk of Circuit Court and Comptroller
By:
Deputy Clerk
Adams, Chairman
••�'A�I'fR COUN�.••'•••
Approved: May 21, 2024
Indian River County Florida Page 23