HomeMy WebLinkAbout11/19/2024 (3)Indian River County, Florida
Indian River County Administration Complex
1801 27th Street
Vero Beach, Florida 32960
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Meeting Minutes - Final
Tuesday, November 19, 2024
9:00 AM
Commission Chambers
Board of County Commissioners
Joseph Flescher, District 2, Chairman
Deryl Loar, District 4, Vice Chairman
Susan Adams, District 1
Joseph H. Earman, District 3
Laura Moss, District 5
John A. Titkanich, Jr., County Administrator
Jennifer W. Shuler, County Attorney
Ryan L. Butler, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final November 19, 2024
CALL TO ORDER
Present: 5 - Chairman Joseph Flescher
Vice Chairman Deryl Loar
Commissioner Susan Adams
Commissioner Joe Earman
Commissioner Laura Moss
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF
THE ARMED FORCES
2.B. INVOCATION
Minister Jack White, Gifford Church of Christ
3. PLEDGE OF ALLEGIANCE
Commissioner Deryl Loar
3.A. OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS
The Honorable Nicole Menz, County Judge, Nineteenth Judicial Circuit Court of
Florida, swore in each of the re-elected County Commissioners: Susan Adams,
Joseph H. Earman, and Laura Moss.
3.B. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
County Attorney Jennifer Shuler opened the floor for nominations for Chairman.
Commissioner Moss nominated Commissioner Adams in the interest of continuity as
the County planned its Centennial celebration.
Motion failed for lack of a second.
Commissioner Earman nominated Commissioner Flescher, and was seconded by
Commissioner Loar.
The County Attorney called the vote to close the floor for further nominations.
A motion was made by Commissioner Earman, seconded by Commissioner Loar,
to close the floor for further nominations. The motion carried by the following
vote:
Aye: 4 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, and Commissioner
Earman
Nay: 1 - Commissioner Moss
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
A motion was made by Commissioner Earman, seconded by Commissioner Loar,
to elect Commissioner Flescher as the Board of County Commission Chairman.
The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, and Commissioner
Earman
Nay: 1 - Commissioner Moss
3.C. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
County Attorney Jennifer Shuler opened the floor for nominations for Vice Chairman.
Commissioner Adams nominated Commissioner Moss, and was seconded by
Commissioner Moss.
Commissioner Flescher nominated Commissioner Loar, and was seconded by
Commissioner Lear.
The County Attorney called the vote to close the floor for further nominations.
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to close the floor for further nominations. The motion carried by the
following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
County Attorney Shuler called for a vote on the nomination of Commissioner Moss
for the position of Vice Chairman.
A motion was made by Commissioner Adams, seconded by Commissioner Moss,
to elect Commissioner Moss to the position of Vice Chairman. The motion failed
by the following vote:
Aye: 2 - Commissioner Adams, and Commissioner Moss
Nay: 3 - Chairman Flescher, Vice Chairman Loar, and Commissioner Earman
County Attorney Shuler called for a vote on the nomination of Commissioner Loar for
the position of Vice Chairman.
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,
to elect Commissioner Loar as the Board of County Commission Vice Chairman.
The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, and Commissioner
Earman
Nay: 1 - Commissioner Moss
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
MOVED: Items 9.A., 9.B., 9.C., and 9.1). to be heard following Item 4.
Item 4.A. to be moved and renumbered as Item I O.A.3., Schwerin rezoning request
ADDED:
Item 15.13.1. Hurricane Milton debris collection
A motion was made by Vice Chairman Loar, seconded by Commissioner Adams,
to approve the Agenda as amended. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 24-0944 Presentation Update by Major League Baseball on Events Coming to the Jackie
Robinson Training Center
Recommended Action: Present.
Assistant County Administrator Mike Zito introduced the presentation of ongoing
initiatives at the Jackie Robinson Training Complex (JRTC), which saw renovations
and improvements to enhance its role as a sports tourism destination.
Vice President of the JRTC Rachelle Madrigal used a PowerPoint presentation to
inform of the Complex's improvements and future plans. Facility improvements
included: an indoor training structure (Building 42); renovations to Holman Stadium;
lighting improvements; the opening of Building 5, a multi-purpose structure with
batting cages, concessions, and meetings spaces; installation of artificial turf on
upgraded training fields; villa renovations; upgraded batting cages; and renovations to
the Administration Building. Ms. Madrigal also previewed upgrades planned for the
coming year. Events on the calendar included an expanded Andre Dawson Classic,
Big 10 Baseball, a return of the Jackie Robinson Celebration Game, and a variety of
youth -focused community events.
Administrator Zito closed by thanking the Board for their support of the partnership
with Major League Baseball to revive the JRTC.
Presented
6. APPROVAL OF MINUTES
6.A. 24-0914 Regular Meeting of September 10, 2024
Recommended Action: Approve
Attachments: 09-10-2024 BCC Draft
Indian River County, Florida Page 3
Board of County Commissioners Meeting Minutes - Final
November 19, 2024
A motion was made by Commissioner Adams, seconded by Vice Chairman Loar,
to approve the minutes of the BCC regular meeting of September 10, 2024 as
written. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman Lear, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 24-0913 Purchase Order Authorization
Recommended Action: No action is requested.
Attachments: Staff Report
No Action Taken or Required
7.B. 24-0932 Event Calendar
Recommended Action: No Action Required
Attachments: Staff Report
Chairman Flescher made mention of the number of events and holiday experiences
available this season.
No Action Taken or Required
7.C. 24-0936 Pelican Island Audubon Society Tree and Plant Recovery Workshop with Panel
Presentations
Recommended Action: Informational Only.
Attachments: Tree and Plant Recovery Workshop with Panel Presentations
8. CONSENT AGENDA
Chairman Flescher noted this workshop also offered free trees, and was an
opportunity to replace lost vegetation from the recent hurricanes. Commissioner Moss
added the panel was open to everyone in the County, and expressed concern for the
trees.
No Action Taken or Required
A motion was made by Commissioner Adams, seconded by Commissioner
Earman, to approve the Consent Agenda as amended, pulling Item 8.A. for
discussion. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman Lear, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.A. 24-0899 Award of RFP 2024059 for an Economic Development Strategic Action Plan
Indian River County, Florida Page 4
Board of County Commissioners Meeting Minutes - Final November 19, 2024
(EDSAP)
Recommended Action: Staff recommends the Board approve the final ranking of firms, award the RFP to
TIP Strategies, Inc., approve the agreement, and authorize the Chairman to execute it,
after review and approval by the County Attorney as to form and legal sufficiency,
after the receipt of the required Anti -Human Trafficking Affidavit, and after approval
of the required insurance by the Risk Manager.
Attachments: Staff Report
Sample Agreement
Exhibit 1 - TIP Pricing
Exhibit 2 - TIP Schedule
Vice Chairman Loar opened discussion by requesting County Administrator John
Titkanich to discuss the relationship of the Economic Development Strategic Action
Plan (EDSAP) with the recently studied Urban Service Boundary (USB).
Mr. Titkanich noted that the last study done was outdated and a new study was
recommended to streamline the County's economic development goals. He explained
that the study would evaluate the County's economy to narrow which industries the
County should focus on attracting, as well as the workforce and infrastructure needed
to realize that targeted growth. This tied into the USB as the County had an interest in
growing its industrial base while also maintaining control of future growth. Discussion
continued with details of hiring an in-house staffer to coordinate the economic study
results with the Chamber of Commerce's efforts, and coordinate incentives such as
jobs grant programs.
Commissioner Adams weighed in with support for the study expressed by the
Economic Development Committee (EDC). She also received clarification that the
study would take nine (9) months from the time the contract was signed. The
Commissioner added that the 2014 EDSAP study failed to bring items before the
Board for implementation, and stated she would like to see the EDC to do so going
forward.
Vice Chairman Loar requested regular updates on the EDSAP's progress over the
nine (9) months, and expressed excitement over including the results with the other
planning the County was undertaking.
Chairman Flescher received confirmation from Chris Balter, Planning and
Development Services Director, that the cost of the study was capped at $150,000.
Vice Chairman Loar expressed a desire to have these and similar studies conducted
in-house once additional staffing was hired.
A motion was made by Vice Chairman Loar, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.B. 24-0912 Review of the Affordable Housing Advisory Committee 2024 Incentives Review and
Recommendation Report
Recommended Action: Staff and the Affordable Housing Advisory Committee recommend that the Board of
County Commissioners approve the 2024 AHAC Incentives Review Report and
direct staff to submit a copy of the report to the FHFC for review by December 31,
2024.
Attachments: Staff Report
Resolution
Draft Report
Approved staffs recommendation and Resolution 2024-068, approving the Indian
River County Affordable Housing Advisory Committee (AHAC) 2024 report and
directing staff to submit the AHAC report to Florida Housing Finance Corporation
(FHFC).
8.C. 24-0916 Final Payment, Release of Retainage and Change Order No. 1, Trans -Florida
Railway Trail from Fellsmere to West of I-95 (IRC -2115)
Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor's
Application Payment No. 2115-9 to Timothy Rose Contracting, Inc. in the amount of
$63,772.36 for final payment and release of retainage.
Attachments: Staff Report
Contractor's Application for Payment 2115-9
Change Order No. 1
Approved staff's recommendation
B.D. 24-0918 FDOT Small County Outreach Program (SCOP) Agreement and Resolution
Authorizing the Chairman's Signature for Construction of Indian River Boulevard from
SR-5/US-1/Federal Highway to 17th Street IRC -1817, FM No. 444269-1-54-01
Recommended Action: Staff recommends the Board of County Commissioners approve the Small County
Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to
execute the same.
Attachments: Staff Report
Indian River County Grant Form
Authorizing Resolution
FDOT Small County Outreach Program (SCOP) Agreement
Approved staffs recommendation and Resolution 2024-069, authorizing the
Chairman's execution of Small County Outreach Program (SCOP) Agreement
with the Florida Department of Transportation for Construction of Indian River
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
Boulevard from SR-5/US-1/Federal Highway to 17th Street.
8.E. 24-0923 Award of Bid No. 2025008 43rd Avenue Bicycle and Pedestrian Improvements 14th
Lane and 15th Place Resurfacing
Recommended Action: Staff recommends the project be awarded to Timothy Rose Contracting, Inc. in the
amount of $388,803.64. 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.F. 24-0927 Approval for Purchase of Fire Rescue Apparatus
Recommended Action: Staff recommends the Board authorize the Purchasing Division to issue a Purchase
Order in the amount of $937,890.
Attachments: Staff Report
Sutphen Quote
Approved staffs recommendation
8.G. 24-0930 Septic Tank Encroachment Agreement Approval for 425 11th Court
Recommended Action: Staff recommends the Board of County Commissioners approve the Septic Tank
Encroachment Agreement for 425 11th Court and authorize the Chair to execute the
agreement after review and approval as to form and legal sufficiency by the County
Attorney.
Attachments: Staff Report
Septic Tank Encroachment Agreement
Exhibit A
Approved staff's recommendation
B.H. 24-0931 Florida Communities Trust Guaranty for Indian River Land Trust - Tony Robinson
Extension Property
Recommended action: Staff respectfully requests that the Board of County Commissioners consider the
request made by the Land Trust and, if approved, authorize the Chairman to execute
the Management Guaranty letter after review and approval by the County Attorney.
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
Attachments: Staff Report
11-5-24 IRLT Management Guaranty Letter
Toni Robinson Ext Map
Approved staffs recommendation
The Chairman called for a recess at 10:28 a.m., and reconvened the meeting at 10:42
a.m. with all members present.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
[Clerk Note: Items under this section were heard following Item 4, and the
meeting resumed with Item S.A.]
9.A. 24-0907 Supervisor of Elections Annual Fiscal Report
Attachments: BOCC End of Year Bud -et Report
Supervisor of Elections Leslie Swan recounted the additional number of elections her
office faced this past fiscal year which included a presidential election. She thanked
Commissioners Flescher and Loar for their service on the Canvassing Board before
detailing the new tools her office implemented for an efficient voting process. Ms.
Swan returned $31,880 to the County.
Lalita Janke, who volunteered as a poll worker, praised Ms. Swan, her staff, and the
Commissioners who worked together for a problem -free election season.
A motion was made by Vice Chairman Loar, seconded by Commissioner Adams,
to accept the report. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
9.13. 24-0908 Clerk of Circuit Court & Comptroller Ryan L. Butler: Annual Fiscal Report
Attachments: Clerk of Court Annual Fiscal Report
Clerk of the Circuit Court and Comptroller Ryan Butler thanked the Board for their
support and presented a check in the amount of $508,709.30, which represented the
excess revenue in fees from the Recording and Passport offices. Mr. Butler explained
that his office did not receive taxpayer funds and relied on fees generated from these
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
departments. He also credited a 13 percent reduction in expenses for the
larger -than -normal refund.
A motion was made by Vice Chairman Loar, seconded by Commissioner Adams,
to accept the report. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
9.C. 24-0909 Sheriff Eric Flowers Annual Fiscal Report
Attachments: BOCC End of Year Budget Report
Sheriff Eric Flowers gave thanks for the Board's support of the Sheriffs Office and
presented a check in the amount of $149,833.05.
A motion was made by Vice Chairman Loar, seconded by Commissioner Adams,
to accept the report. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
9.D. 24-0935 Sheriff Eric Flowers: Present Altumint Presentation
Recommended Action: Discuss and Approve.
Attachments: Altumint Presentation
Sheriff Eric Flowers introduced a proposal from Altumint, a private company that
would install automated camera systems in school zones to discourage speeding; the
initiative followed recently approved legislation. The Sheriff stated his goal was to
free -up deputies in light of a manpower crunch, and stated there was no cost to the
County.
A representative from Altumint made a presentation to the Board explaining their
system which would issue civil citations to speeders in school zones. They described
Altumint's responsibility to install cameras, collect and distribute fines, and coordinate
with the Sheriff and School District for oversight. It was noted that an Ordinance
would need to be passed allowing the issuance of citations. The representative then
presented results of traffic studies done in local school zones to show the problem of
speeders in school zones.
The Board entered into discussion with the vendor and Sheriff Flowers regarding how
Altumint got paid, the distribution of the fines collected, the conversion of civil
citations to tickets for the Clerk to process, and the possible need for the County to
provide a hearing officer to administer appeals. Sheriff Flowers provided statistics on
the reductions in speeders that would be achieved, the benefits to community safety,
and the flexibility in staffing the system afforded.
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
The Board expressed skepticism regarding the hidden costs to the County, the
reduction of officers in school zones, and the backlash from the community regarding
the camera surveillance.
No Action Taken or Required
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD.
10.A.1. 24-0917 Public Hearing for Ordinance Amending Code Indian River County Code
Sections 102.01 (1), and 102.04
Recommended Action: The County Attorney recommends that the Board conduct a public hearing on the
proposed ordinance, take comment from interested persons, and
approve the Ordinance amending Indian River County Code
Sections 102.01(1), and 102.04.
Attachments: Staff report
IRC Business Impact Estimate IRC rev Chap 102
Ordinance Amending IRC Code 102.01
County Attorney Jennifer Shuler opened discussion noting this item was a
follow-up to the decision made at the Board's November 5, 2024 meeting to
allow an amendment to the County Code regarding Meetings and Procedures,
and Order of Business. The changes would allow additional opportunities for the
public to address the Commissioners at the Board meetings.
The Chairman opened the public hearing. There being no comments, the
Chairman closed the public hearing.
A motion was made by Vice Chairman Loar, seconded by Commissioner
Moss, to approve staffs recommendation and adopt Ordinance 2024-010,
amending Indian River County Code Chapter 102, Section 102.01 "Board of
County Commissioners Meetings and Procedures" to modify the Board
meeting times and amending Section 102.04 "Order of Business", to add new
"Departmental Matters" and to modify public comment procedures. The
motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
10.A.2. 24-0922 Public Hearing - Amended and Restated Developers Agreement Between
Providence Point Vero Beach, LLC and Indian River County
Indian River County, Florida Page 10
Board of County Commissioners Meeting Minutes - Final November 19, 2024
Recommended Action: Staff recommends the Board instruct staff to advertise and bring this back for the
second public hearing as is required by Florida Statute at the next Board meeting
in December.
Attachments: Staff Report
Aerial Photo
Proposed Amended and Restated Developers Agreement with
Providence Point Vero Beach, LLC
Copy of Original Developers Agreement with Providence Point Vero
Beach. LLC
Affidavit of Publication - Amending Developers Agreement - Providence
Pointe
Deputy County Attorney Susan Prado referred to staffs memo dated November
6, 2024, for details of the amended Developer's Agreement between the County
and Providence Point. Ms. Prado made mention the original agreement had been
approved by the Board on November 18, 2014, and needed to be updated to
reflect changes which have taken place since then, and to have the agreement
brought into compliance with current statutory requirements. She added that this
was the first of two (2) required public hearings, and a vote would be called at the
second public hearing in December of 2024.
The Chairman opened the public hearing. There being no comments, the
Chairman closed the public hearing.
Attorney Prado requested the Board approve the recommended return of the
item for the second public hearing on December 3, 2024.
A motion was made by Vice Chairman Loar, seconded by Commissioner
Earman, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
10.A.3. 24-0830 Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and
the Accompanying Zoning Map for Approximately ±7.97 Acres from CG,
General Commercial District to MED, Medical District (99070136-96957)
[Quasi -Judicial]
Recommended Action: Based on the analysis, staff and the Planning and Zoning Commission recommend
that the Board of County Commissioners approve this request to rezone the
subject property from CG to MED.
Indian River County, Florida Page 11
Board of County Commissioners Meeting Minutes - Final November 19, 2024
Attachments: Staff Report
Zoning Map
Future Land Use Map
Rezoning Application
Draft Ordinance
11-13-24 Request for Continuance
2025-01-08 Request for Continuance
Chairman Flescher introduced the Item into the record, and noted that the
Applicant requested a continuance to the January 14, 2025 Board meeting due to
unforeseen circumstances.
A motion was made by Vice Chairman Loar, seconded by Commissioner
Adams, to continue the public hearing at the January 14, 2025 BCC meeting.
The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
B. PUBLIC DISCUSSION ITEMS
10.B.1. 24-0942 Request to Speak from President Lance Lunceford, Taxpayers Association
President regarding Fiscal Responsibility by County
Recommended Action: No action required.
Attachments: Public Discussion Request - Lance Lunceford
Speaker not present
10.B.2. 24-0946 Request to Speak from Bill Rigby on Federal and State Funding Procurement
Laws
Recommended Action:
Attachments: Nov 19 Request -to -Speak Rigby
Mr. Rigby began his discussion by asserting his right to speak before the Board
without interruption or retaliation. Before speaking, he requested clarification of
the rules regarding speaking before the Board, specifically the allotment of three
(3) minutes to state his concerns. Mr. Rigby stated he still had not received all the
information he requested in order to pursue his questions regarding bids from
minority-owned companies for Solid Waste Disposal District (SWDD) contracts.
He said he would be pursuing a different issue going forward.
Chairman Flescher asked whether Mr. Rigby had made formal or informal
requests for information which had not been satisfied. Mr. Rigby clarified he had
received documents from SWDD, but they did not contain the information he
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
sought. Chairman Flescher advised Mr. Rigby to return to the County Attorney's
office to clarify his requests.
County Attorney Jennifer Shuler confirmed Mr. Rigby had made another request
for information that morning, and that her office would be happy to work together
to get him the information he sought. Mr. Rigby then asked the Chairman what to
do if the County did not have the information he was looking for. The Chairman
noted that the County had a legal requirement to provide information upon
request. Mr. Rigby expressed his opinion his rights had been violated by the
procedures which he felt were being used to deny him the information he sought.
The Chairman reiterated that the County was following the letter of the law to
provide any information it had in a timely fashion.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
10.C.1. 24-0925 Public Notice of Public Hearing for December 3, 2024, to Consider Ordinance
Imposing An Additional Cost of Tourist Development Taxes
Attachments: Staff Report
County Attorney Jennifer Shuler read the notice into the record.
Read into the record
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Services
B. Emergency Services
C. Human Resources
D. Information Technology
E. Natural Resources
F. Office of Management and Budget
G. Parks, Recreation, and Conservation
H. Planning and Development Services
12.1-1.1. 24-0879 Gifford Neighborhood Plan (GNP) Status Update
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
Recommended Action: Staff recommends that the Board of County Commissioners consider the
provided Gifford Neighborhood Plan status update and direct staff to proceed
with the following initiatives: 1. Each department and responsible party shall
review all recurring and ongoing action items, evaluate the necessity of each item,
determine the appropriate frequency for their occurrence (monthly, quarterly, or
annually), and promptly resume them as appropriate. 2. Staff shall continue to
work on completing the large-scale action items that have not yet been
completed. 3. Staff shall initiate the process for an updated GNP to ensure
alignment with current community needs and priorities. The update will include: A.
All remaining large-scale projects,and recurring/ongoing action items that require
attention. B. New issues and goals identified through community engagement,
ensuring that the updated plan is comprehensive and future -oriented. C.
Collaborating closely with the Progressive Civic League of Gifford (PCLG),
residents, and other stakeholders to identify emerging needs and opportunities in
the Gifford area.
Attachments: Staff Report
GNP Main 2024 Imp Matrix sorted by date -2024
Chris Baiter, Planning and Development Services Director, utilized a PowerPoint
presentation to deliver a status update of the Gifford Neighborhood Plan (GNP),
which was originally approved in 2002 and updated in 2014. Mr. Baiter provided
background information before providing updates and future plans for
recurring/ongoing actions and large-scale action items; a detailed proposal for a
new GNP update was also presented.
The Board entered into discussion with staff regarding the unfinished large-scale
action items: Action 7.3, 45th Street Sidewalk Extension, was scheduled to begin
in 2025/26 by the Florida Department of Transportation (FDOT); Action 7.4,
Sidewalks on 41 st and 49th Streets, was scheduled for funding application
through the MPO's Transportation Alternatives Program (TRIP); Actions 8.5 and
8.6, 32nd and 35th Avenue Improvements, had not moved forward due to lack
of right-of-way (ROW) agreements.
Chairman Flescher suggested staff should take responsibility for obtaining ROW
agreements rather than the Gifford Progressive League (League), to overcome
past hurdles. The Board noted that infrastructure projects were notoriously slow,
and mentioned enhancements realized through FDOT funding. County
Administrator John Titkanich added that the revised GNP would need to identify
funding plans in advance to avoid delays.
The following people addressed the Board:
Joe Idlette expressed disappointment on the County's lack of follow-through and
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
delays. He agreed the League should not be tasked with obtaining right-of-way,
and closed with a call for effort on the County's part to complete the existing plan
before creating a new one.
Freddie Woolfork suggested the County should offer compensation for
right-of-way acquisition, as had been done with the widening of 66th Avenue. He
stated the widening of 45th Street and installation of sidewalks was of utmost
importance to the community.
Anthony Brown spoke of the community's disillusionment that the GNP's actions
were not completed after 22 years. He questioned whether the current Board was
obligated to complete plans approved by previous administrations. Mr. Brown
also took issue with infrastructure improvements made in Gifford to serve the
County, but stopped short of Gifford's residential streets.
Ervin Cartwright expressed frustration for the lack of accountability to
follow-through with promises made, and prioritization of improvements to
neighboring communities over Gifford and Wabasso.
Barbara Lipton revisited the question of the current Board's obligation to honor
agreements made by prior Boards. County Attorney Jennifer Shuler advised that
technically one Board could not bind a future Board to appropriate money.
However the GNP had been adopted and never revoked, so it would be treated
as policy.
Chairman Flescher vowed to ensure action would be taken, and the Board
agreed that the original GNP needed to be completed rather than incorporated
into a new plan. Mr. Balter stated there were two (2) outstanding action items:
8.5 and 8.6, 32nd and 35th Avenue Improvements. Lengthy discussion ensued
regarding paying to obtain ROW, funding sources, and the details of road
construction.
Administrator Titkanich noted there were no designs or cost estimates to build the
roads being discussed. Public Works Director Addie Javed advised his
department could put together a rough design to obtain ballpark construction
estimates, and advised his department would need a month to produce that
report.
In response to Commissioner Earman, Mr. Brown stated the need to create a
road on 32nd Avenue was the priority. MPO Director Brian Freeman also
addressed the Board with details of Action 7.4, Sidewalks on 41 st and 49th
Streets.
A motion was made by Vice Chairman Loar, seconded by Commissioner
Earman, to direct staff to return in January 2025 with an estimated cost and
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
timing on Items 8.5 and 8.6 from the Gifford Neighborhood Plan, as well as an
update on needed right-of-way acquisition. The motion carried by the
following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
I. Public Works
The Chairman called for a recess at 12:34 p.m., and reconvened the meeting at 12:44
p.m. with all members present.
J. Utilities Services
12.J.1. 24-0924 Adoption of Indian River County Department of Utility Services Water,
Wastewater & Reuse Water Utility Construction Standards, December 2024,
IRCDUS Project ID 00.23.543
Recommended action: Staff recommends that the Indian River County Board of County Commissioners
approve the adoption of the Indian River County Department of Utility Services
Water, Wastewater, and Reuse Water Utility Construction Standards -
December 2024, as presented.
Attachments: Staff Report
Attachment A — List of Revisions
Utility Construction Standards
Manager of Capital Projects Howard Richards presented the updated
Department of Utility Services Water, Wastewater, and Reuse Water Utility
Construction Standards (Standards) update to the Board. He noted the
Standards were important to stay in conformance with regulatory agencies, as
well as conforming to industry guidelines; Bowman consultants assisted with the
updates.
Mr. Richards summarized the hundreds of changes made to standards for
above -ground lift stations with electrical ground -in, CAD templates, editorial
changes, consistencies, and clarifications. He referred to an attachment to staffs
memo dated November 4, 2025 for additional details. As required, a draft of the
Standards was posted online for 30 days, during which time no comments had
been received from the public.
A motion was made by Vice Chairman Loar, seconded by Commissioner
Adams, to approve staff's recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
13. COUNTY ATTORNEY MATTERS
13.A.1. 24-0921 Calcutta Drive Docks Guidance on Potential Changes
Recommended Action: The County Attorney's Office seeks instruction from the Indian River County Board
of County Commissioners on how to move forward with each of the above questions.
Attachments: Staff Report
Form License Agreements
Deputy County Attorney Susan Prado referred to staff s memo dated November 6,
2024, which provided history of the docks along Calcutta Drive in the Country Club
Pointe neighborhood. Ms. Prado informed that the dock agreements had been
updated in 2022, but several issues had arisen which staff sought guidance on. The
main questions related to dock inspections (whether annual or in response to
complaints), how to assess fees for inspections, which department would be
responsible for them, procedures to obtain permits for electrical or irrigation services,
and how to handle docks in disrepair. The issues were complicated by the lack of
addresses for individual docks, and docks which were grandfathered -in under
previous rules and fees. Any changes would apply to revised -lease holders and upon
the sale of a dock.
Discussion ensued between the Board and Ms. Prado regarding solutions to staffs
questions: should the docks be assigned individual addresses; which department
should be in charge of performing the required inspections; which department would
need to sign off on the installation of electricity and/or water service; which
department would review the required 5 -year inspection report submitted by dock
owners; should homeowners be allowed to own more than one dock.
Ms. Prado agreed to research options in the code to provide due process to
condemn docks in disrepair. She advised that the old licenses had no term limits,
which complicated the Attorney's Office ability to make global changes for all the
docks. Commissioner Earman made a motion which addressed staff s questions.
County Administrator John Titkanich agreed to discuss the assignment with the head
of the Building Department.
A motion was made by Commissioner Earman, seconded by Commissioner
Adams, directing staff to: 1. Assign a unique address to each boat slip using
geocodes and numbers; 2. Direct the Building Department to handle inspections
that arise from complaints about a dock; 3. Direct the Building Department to see
and sign off on the installation of electric and water service to a dock; 4. Direct
the Building Department to review the inspection report required every five (5)
years from dock owners: and 5. Disallow ownership of more than one dock by
any homeowner. Staff was directed to return before the Board with the revised
lease agreement. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
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.
15.8.1. 24-0959 Debris Removal - Hurricane Milton
Solid Waste Disposal District (SWDD) Managing Director Himanshu Mehta
requested the Board's direction in resolving a situation which arose regarding
debris collection in the aftermath of Hurricane Milton. He informed that the
County's debris contractor, Ceres Environmental (Ceres), had completed half of
the debris removal but faced delays as subcontractors left to work for higher
Florida Department of Transportation (FDOT) rates; the County paid $9.81 per
cubic yard versus FDOT's $14.98 per cubic yard.
Mr. Mehta advised that Ceres could finish the job at the contracted rate, but it
would extend the timeline to late December. He offered three options for the
Board's consideration: 1. Continue at the current rates and accept the revised
timing; 2. Increase the rate to match FDOT's at a cost of $131,591 with the same
October completion date. The Board was advised that FEMA may not reimburse
the County for this expense.; 3. Issue a separate emergency purchase order to
Ceres in the amount of $131,591 using emergency general funds to incentivize
on-time debris collection; this option was not eligible for reimbursement.
Mr. Mehta stated neighboring counties faced similar dilemmas, and most paid
additional incentives to get the debris cleared in a timely fashion. The Board was
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Board of County Commissioners Meeting Minutes - Final November 19, 2024
wary of setting precedent by changing contracted rates midway through the job,
and expressed they felt they were being placed in a difficult situation. Ultimately,
the Board preferred not to delay debris removal in the public's interest, and
supported staffs recommendation of Option 3.
A motion was made by Commissioner Earman, seconded by Chairman
Flescher, to approve Option 3 of staffs recommendation and issue an
emergency purchase order in the amount of $131,591 to Ceres Environmental.
The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 1:35 p.m.
Indian River County, Florida Page 19
Board of County Commissioners Meeting Minutes — Final November 19, 2024
ATTEST:
Ryan L. Butler
Clerk of Circuit Court and Comptroller
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Deputy Clerk
BCC/RW/2024 Minutes
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Approved: Fehruary 11 , 2025
Indian River County Florida Page 20