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HomeMy WebLinkAbout08/19/2025 (2)Indian River County, Florida Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Meeting Minutes - Final Tuesday, August 19, 2025 � � §7_\►yil 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 Board of County Commissioners Meeting Minutes - Final August 19, 2025 1. 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 Wesley Davis, Property Appraiser 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Moved: Item 9.J. to be heard under Attorney's Matters as Item 14.A.2. Tabled: Item 13.F.I. A motion was made by Commissioner Moss, 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. 25-0783 Presentation of Proclamation Honoring Julianne Renk Price For Her Contributions to the Indian River County Health Department Recommended action: Read & Present Attachments: 08.19.25 Julianne Price Retirement Ms. Price was joined by a large number of her colleagues and people she's served as she accepted the Proclamation honoring her public service, including creation of the nonprofit "Every Dream Has a Price", which builds housing for people in need. Ms. Price thanked the Board and all those in attendance for the recognition. Presented by Chairman Flescher 5.113. 25-0775 Presentation of a $110,000 Check to Support Repurposing of Material from Florida Department of Transportation's SRA -1A Bridge Replacement for the Indian River County's Artificial Reef Program Recommended Action: Receive. Indian River County, Florida Page 1 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: Artificial Reef Agenda Report Kylie Yanchula, Natural Resources Director, recounted the project's milestones which culminated in repurposing 3,500 tons of demolition debris from the Sebastian Inlet Bridge Replacement Project for use as artificial reef material. The project was made possible by Coastal Conservation Association's (CCA) donation in the amount of $110,000 which defrayed more than half of the cost. Frank Gidus, Director of Habitat and Environmental Restoration for CCA Florida, was joined by staff members as he presented a check to the Board and discussed the positive impact of the artificial reef project. Presented 5.C. 25-0803 Presentation of Proclamation Designating August 2025 As Florida Water Professionals Month Recommended Action: Read & Present Attachments: Proclamation Director of Utility Services Sean Lieske was joined by staff members from all divisions of the Utilities Department as he offered praise and appreciation for the work they did to ensure services for the County's residents. Presented by Commissioner Earman 6. APPROVAL OF MINUTES 6.A. 25-0758 Regular Meeting of June 03, 2025 Recommended Action: Approve Attachments: 06032025 BCC Draft A motion was made by Commissioner Adams, seconded by Chairman Flescher, to approve the Regular Meeting Minutes of June 3, 2025 as written. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss 6.B. 25-0763 Regular Meeting of June 17, 2025 Recommended Action: Approve Attachments: 06172025 BCC Draft A motion was made by Vice Chairman Loar, seconded by Commissioner Adams, to approve the Regular Meeting Minutes of June 17, 2025 as written. The motion carried by the following vote: Indian River County, Florida Page 2 Board of County Commissioners Meeting Minutes - Final August 19, 2025 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. 25-0754 Administrator Approved Items Recommended Action: There is no action required by the Board as this item is being presented for informational purposes only. Future reporting will be prepared and provided quarterly to coincide with Budget reports. No Action Taken or Required 7.113. 25-0756 Florida Public Service Commission Order No. PSC -2025 -0208 -PAA -EQ Recommended Action: Informational Only No Action Taken or Required 7.C. 25-0762 3rd Quarter FY 2024/2025 Budget Report Recommended action: No Action Required Attachments: 3rd Quarter Budget Report No Action Taken or Required 7.D. 25-0773 2026 Holiday Schedule Recommended Action: Informational item, no Board action required. No Action Taken or Required 7.E. 25-0789 SWDD Closures and Collection Service Changes for the Labor Day Holiday Recommended Action: Attachments: Labor Day Closure Schedule No Action Taken or Required 7.F. 25-0811 Event Calendar Recommended Action: Informational, no action required Attachments: August -September Event Calendar Indian River County, Florida Page 3 Board of County Commissioners Meeting Minutes - Final August 19, 2025 No Action Taken or Required 7.G. 25-0761 Notice of Unclaimed Moneys Recommended Action: Information only Attachments: Proof of Publication per FS 116.21 No Action Taken or Required 7.H. 25-0777 Beach & Shores Preservation Advisory Committee Vacancy Recommended Action: This is an informational item only, No Board action is required. Attachments: 250723 Shelby Graziani Email Resignation Commissioner Earman thanked Ms. Graziani for her service. No Action Taken or Required 7.1. 25-0778 Construction Board of Adjustment & Appeals Committee Vacancy Recommended Action: This is an informational item. No Board action is required. No Action Taken or Required 7.J. 25-0781 Children's Services Advisory (Main) Committee and Children's Services Advisory Committee: Grants Review and Program Recommended Action: No Board action required. Attachments: CSAC Resignation - Robert Schlitt Jr Commissioner Adams thanked Mr. Schlitt for his contribution to the Main Committee, and noted his departure also created an opening on the Grant Review Subcommittee. No Action Taken or Required 7.K. 25-0794 Economic Development Council Committee Vacancies Recommended Action: Information item only; no Board action required. Commissioner Adams highlighted the vacancies on the Economic Development Committee. No Action Taken or Required 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) Christopher Drake, Executive Director of the Youth Sailing Foundation, spoke regarding designated anchorage areas in the Indian River Lagoon. He requested reconsideration of anchorage area 2, stating it posed a navigational hazard for children in the sailing program. He provided the Board with a letter of support from the City of Indian River County, Florida Page 4 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Vero Beach. Chris Pope, Board of Directors, Youth Sailing Foundation, addressed the Board regarding boats discharging sewage while anchored. County Administrator John Titkanich informed her that the State established a no discharge zone from Fort Pierce through Indian River County. Commissioner Adams invited Ms. Pope and Mr. Drake to add their comments to the record during the public hearing under Item I I.A.1. Martin Stygar, Sebastian, discussed the financial hardship of the universal garbage collection fee and requested consideration for retirees on a fixed income. No Action Taken or Required 9. CONSENT AGENDA A motion was made by Commissioner Adams, seconded by Chairman Flescher, to approve the Consent Agenda as amended, pulling Item 9.1. for discussion. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss 9.A. 25-0699 Approval of Checks and Electronic Payments June 7, 2025 to June 13, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of June 7, 2025 to June 13, 2025 Attachments: Comptroller Division Staff Report Approved 9.B. 25-0702 Approval of Checks and Electronic Payments June 14, 2025 to June 20, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of June 14, 2025 to June 20, 2025 Attachments: Comptroller Division Staff Report Approved 9.C. 25-0757 Approval of Checks and Electronic Payments June 21, 2025 to June 27, 2025 Recommended action: Approve the list of checks and electronic payments for the time period of June 21, 2025 to June 27, 2025 Attachments: Comptroller Division Staff Report Indian River County, Florida Page 5 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Approved 9.D. 25-0749 Approval of Checks and Electronic Payments June 28, 2025 to July 4, 2025 Recommended Action: Approve the list of checks and electronic payments issued for the time period of June 28, 2025 to July 4, 2025 Attachments: Comptroller Division Staff Report Approved 9.E. 25-0765 Approval of Checks and Electronic Payments July 5, 2025 to July 11, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of July 5, 2025 to July 11, 2025 Attachments: Comptroller Division Staff Report Approved 9.F. 25-0771 Approval of Checks and Electronic Payments July 12, 2025 to July 18, 2025 Recommended Action: Approve the list of checks and electronic payments for the time period of July 12, 2025 to July 18, 2025 Attachments: Comptroller Division Staff Report Approved 9.G. 25-0779 Approval of Checks and Electronic Payments July 19, 2025 to July 25, 2025 Recommended action: Approve the list of checks and electronic payments for the time period of July 19, 2025 to July 25, 2025 Attachments: Comptroller Division Staff Report Approved 9.H. 25-0799 Approval of Checks and Electronic Payments July 26, 2025 to August 1, 2025 Recommended action: Approve the list of checks and electronic payments for the time period of July 26, 2025 to August 1, 2025 Attachments: Comptroller Division Staff Report Approved Indian River County, Florida Page 6 Board of County Commissioners Meeting Minutes - Final 9.1. August 19, 2025 25-0805 The Nineteenth Judicial Circuit requests an additional $40,000 to cover costs for the remainder of the fiscal year for the County's problem -solving courts. This would result in an amended award totaling $90,000 for FY 2024/2025. Attachments: Second Amended - 2024 DATF Grant Senior Court Operations Consultant Wendy Parent informed Commissioner Moss that the amended budget request was a one-time ask to cover unexpected transportation expenses. It was noted that next year's requested budget of $75,000 was approved at the most recent Budget Workshop hearing. At Commissioner Adams request, Ms. Parent provided information about the interventions and treatments offered by the three problem solving courts: Adult Drug Court, Mental Health Court, and Veterans Treatment Court. A motion was made by Commissioner Moss, seconded by Chairman Flescher, to approve the Nineteenth Judicial Circuit Court's request for an additional $40,000 to cover costs for the remainder of the fiscal year for the County's problem -solving courts. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman Lear, Commissioner Adams, Commissioner Earman, and Commissioner Moss 9.J. 25-0770 Early Learning Coalition Board Vacancy Appointment Recommended Action: The County Attorney recommends that the Board review the applicant's application and determine whether to appoint her as the Board of County Commissioners Indian River County representative on the Early Learning Coalition. Attachments: Application - StaudtJessica (elc) Resume - StaudtJessica Moved item to be heard under County Attorney's Matters as 14.A.2. 9.K. 25-0714 Termination of Award of Bid 2025038 - Annual Right -of -Way Mowing Recommended action: Staff recommends the Board terminate the award of Sections 8 and 9 of Bid 2025038 Clear Zone Maintenance, Inc., award Sections 8 and 9 to Kerner, LLC for the remainder of the initial term, and authorize the Procurement Manager to renew the award at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County Approved staffs recommendation 9.L. 25-0751 Designation of Excess Equipment as Surplus and Authorization for Disposal Recommended Action: Staff recommends the Board declare the items on the Excess List for 081925 as Indian River County, Florida Page 7 Board of County Commissioners Meeting Minutes - Final August 19, 2025 surplus, and authorize their disposition, as indicated, revise the disposition method for asset 193540 and re -activate asset 29808. Attachments: Excess List for 081925 Approved staffs recommendation 9.M. 25-0802 Jason Bourdette Workers Compensation Settlement Recommended Action: The contingent settlement of $215,000 was reviewed by John Titkanich, Kristin Daniels, Chris Hicks, Cynthia Stanton, and Nathan McCollum of the Sheriff's Office. It is recommended that the Board of County Commissioners approve the final settlement of $215,000 to resolve all claims for Mr. Bourdette. Approved staffs recommendation 9.N. 25-0759 Waiver of Bids for Replacement of the Access Control System at Courthouse Recommended Action: Staff recommends the Board waive the requirement forbids and authorize the Procurement Division to issue a purchase order to Gearface, LLC, DBA CDA Electronics in the amount of $89,505.65. This will allow better uniformity throughout the County and allow for a broader vendor base of certified repair companies when necessary. Approved staffs recommendation 9.0. 25-0774 Release of Retainage and Change Order No. 1, Traffic Operations Facility (IRC -2104) Recommended Action: Staff recommend approval of Change Order No. I and payment of Contractor's Application of Payment No. 2104-17 to Proctor Construction Company, LLC in the amount of $247,943.63 for release of retainage. Attachments: Contractor's Application for Payment No. 2104-17 Change Order No. 1 Approved staffs recommendation 9.p. 25-0791 Release of Retainage and Change Order #2, Fire Station 11 Renovations Recommended Action: Indian River County, Florida Page 8 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: Change Order #2 Contractor's Pay Application #6 Approved staffs recommendation 9.Q. 25-0801 Work Order No. 3, CPZ Architects, Inc — IRC Administration Building B - 2nd Floor West Side Office Build Out — Human Resources Attachments: Work Order #3 CPZ Proposal Approved staffs recommendation 9.R. 25-0696 Consideration of the Indian River County SHIP Program 2025 Annual Report Recommended Action: Staff recommends that the Board of County Commissioners 1. approve the attached SHIP 2025 annual report and authorize its formal submission to the Florida Housing Finance Corporation; and 2. authorize the Chairman to sign the attached Certification form; and 3. authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments: SHIP Annual Certification Form SHIP Annual Closeout Report for FY 2022-2023 SHIP Funds and Applicants Information Summary Approved staffs recommendation 9.S. 25-0719 Approval of FY 2025/2026 and FY 2026/2027 Radiological Emergency Preparedness Agreement (REP Grant) Attachments: 2025-07-25 Agreement Between FPL & IRC for Radiological Emergency Preparedness Program IRC Grant Form 2025 Approved staffs recommendation 9.T. 25-0755 Approval of 2025/2026 State Funded Subgrant Agreement (T0428) To Update Indian River County's Hazards Analysis Recommended Action: Staff recommends Approval of 2025-2026 State Funded Subgrant Agreement (T0428) To Update Indian River County's Hazards Analysis. Indian River County, Florida Page 9 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: T0428 Indian River County 25-26 HA Agreement IRC Grant Form-HazMat Approved staffs recommendation 9.U. 25-0766 Request from National Health Transport, Inc. for a Class "B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County Recommended Action: Staff recommends that the Board of County Commissioners approve the Class `B" Certificate Renewal to National Health Transport, Inc. to be effective for a period of two (2) years from August 20, 2025 to August 19, 2027. Attachments: National Health Transport Application Approved staffs recommendation SIM. 25-0787 Approval for Advance Purchase of Fire Rescue Apparatus Recommended Action: Staff recommends the Board authorize the Procurement Division to issue a Purchase Order in the amount of $2,400,000. Attachments: Indian River - PL Custom Proposal 2027 REV 1 Approved staffs recommendation 9.W. 25-0772 Approval County's Stop Loss Policy Renewal with Highmark for Fiscal Year 25/26 Recommended Action: Staff recommends and respectfully requests that the Board approve staff's recommendation to accept the stop loss insurance proposal from HM Insurance Group for the 2025/2026 plan year with the current $300K ISL and $100K ASD at an 8.1 % increase in premiums at a PEPM rate of $56.67, reflecting an increase of $87,924, and authorize the Chairman to execute the proposal acceptance after review and approval by the County Attorney as to form and legal sufficiency. Attachments: FY25-26 Stop Loss Marketing Analysis FY25-26 Stop Loss Proposal HM Approved staffs recommendation 9.X. 25-0786 Coastal Technology Corporation Final Boat Ramp Study — Work Order Number 1 Recommended Action: Staff respectfully request that the Board approve the Coastal Technology Corporation Final Boat Ramp Study. Indian River County, Florida Page 10 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: 2025-07-30 IRC Boat Ramp Report waft 1 Approved staffs recommendation 9.Y. 25-0788 Jones' Pier Conservation Area Bungalow Renovation Release of Retainage to Close Construction Services, LLC - Bid 2024009 Attachments: Close Consent of Surety CCS Final Release & Affidavit CCS Warranty Certificate of Completion Final Releases - Jones' Pier Pay App - 9 Approved staffs recommendation 92. 25-0767 Approval of a Public Transportation Grant Agreement (PTCA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant Recommended Action: Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. Attachments: Authorizing Resolution Public Transportation Grant Agreement Grant Budget Form Approved staffs recommendation and Resolution 2025-035, authorizing the execution of a Public Transportation Agreement with the Florida Department of Transportation. 9.AA. 25-0790 Amendment to the Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for Intercounty Bus Service Recommended action: Staff recommends that the Board of County Commissioners approve the attached Amendment to the Public Transportation Grant Agreement and adopt the proposed resolution authorizing the Chairman to sign the agreement. Attachments: Authorizing Resolution FDOT PTGA Grant Budget Form Approved staffs recommendation and Resolution 2025-036, authorizing the execution of a Public Transportation Amendment to the Public Transportation Grant Agreement with the Florida Department of Transportation. 9.AB. 25-0768 Work Order No. 02 Carter Associates, Inc. 20th Avenue Sidewalk (8th Street to 12th Street) IRC -2508 Indian River County, Florida Page 11 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Recommended Action: Staff recommends approval of Work Order No. 02 to Carter 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. 02 on their behalf in a not -to -exceed amount of $176,315.00. Attachments: Work Order No. 2 Approved staffs recommendation 9.AC. 25-0769 Work Order No. 13 Andersen Andre Consulting Engineers, Inc. Indian River Boulevard (4th Street - 12th Street) IRC -1817 Recommended Action: Staff recommends approval of Work Order No. 13 to Andersen Andre Consulting Engineers, Inc. authorizing the professional services as outlined in the Scope of Services. Attachments: Work Order No. 13 Approved staffs recommendation 9.AD. 25-0784 APTIM WO#2018006-21 - Sector 3 Hardbottom Impact Analysis Recommended Action: Staff recommends the BCC authorize Work Order No. 2018006-21 in the total lump sum amount of $91,119.50. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-21. Attachments: Sector 3 Hardbottom Impact Analysis WO Agreement unsigned Approved staffs recommendation 9.AE. 25-0806 Gifford Elevated Storage Tank Construction Phase - Final Pay Application and Budget Decrease Approval, Viking Painting LLC. IRCDUS Project ID 13.23.538 Recommended Action: Staff recommends that the Board approve the reduction in final budget by $54,225.00 and approve final pay invoice number J 19690-002RT to Viking Painting, LLC, in the amount of $102,770.00 to close out the remaining construction services owed for Phase 1 of Elevated Storage Tank construction structural modifications and rehabilitation, and direct staff to make the payment. Attachments: Final Pay Invoice J19690-002RT Gifford EST Phase 1 Approved staffs recommendation 9.AF. 25-0809 Recommendation to Approve Agreement with Gray Matter Systems, LLC, for Implementation Services for the Industrial Control Systems Network Upgrade Project, IRCDUS Project ID: 00.23.545 Recommended Action: Staff recommends that the Indian River County Board of County Commissioners Indian River County, Florida Page 12 Board of County Commissioners Meeting Minutes - Final August 19, 2025 waive the requirement for bids and approve the agreement with Gray Matter Systems, LLC for Implementation Services for the Industrial Control Systems Network Upgrade Project, IRCDUS Project ID: 00.23.545, for a total budget of $1,943,589.13 and authorize the Chair to execute it after review and approval by the County Attorney as to form and legal sufficiency. So long as there are no changes in the dollar amount under the agreement and upon adequate completion of the services set forth in the agreement, staff is directed to make final payment to Gray Matter Systems, LLC. ATTACHMENTS • Gray Matter Professional Services Agreement for ICS NW Implementation Services Attachments: GrayMatter Professional Services Agreement for ICS NW Implementation Services Approved staffs recommendation 9.AG. 25-0810 Amendment 2 to AtkinsRealis USA, Inc., Work Order No. 6 for Continuation of Staff Augmentation Support Services Recommended Action: Staff recommends that the Indian River County Board of County Commissioners approve Amendment 2 to Work Order No. 6 with AtkinsR6alis USA for the not -to -exceed amount of $75,000.00 to provide continuation of Staff Augmentation/Support Services for the Department of Utility Services Engineering Group transition period while newly recruited and promoted staff become proficient in their positions, and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the work order and upon adequate completion of the services set forth in the work order, staff is directed to make final payment to AtkinsR6alis USA. Attachments: I AtkinsR6alis WO No. 6 Amendment 2 - Staff Augmentation and Support Services Approved staffs recommendation 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10.A.1. 25-0820 Indian River County Supervisor of Elections Leslie R. Swan: Request Revenues Received to be Rolled Back into Supervisor of Elections FY2024/2025 Budget Recommended action: Approve Supervisor of Elections office's request for revenue received from petition verification fees, data list preparation, and public records be rolled back into the Supervisor of Elections FY2024/2025 budget. Indian River County, Florida Page 13 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: 20250819 SOE Memo 20250819 SOE Reimbursement of SOE Fees Supervisor of Elections Leslie Swan appeared before the Board to request that the revenue earned from petition verification, data lists, and public records requests be rolled back into in the Elections Office 2024-2025 budget. She reported verifying 8,567 petitions and fulfilling 23 data requests, which generated $4,890. Ms. Swan wanted to use those funds to help cover the costs of voter notification mailings required by House Bill 1205, signed into law on May 2, 2025. A motion was made by Vice Chairman Loar, seconded by Commissioner Adams, to approve the Supervisor of Elections' request. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman Lear, Commissioner Adams, Commissioner Earman, and Commissioner Moss The Chairman called for a recess at 9:56 a.m., and reconvened the meeting at 10:05 a.m. with all members present. 11. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.A.1 25-0776 Amending the Code of Indian River County, Title IX, Land Development Regulations, Chapter 932 "Coastal Management" to Establish Anchoring Limitation Areas in the City of Vero Beach and the Town of Indian River Shores in Accordance with Florida Statute 327.4108 Recommended Action: Staff recommends the Board adopt the proposed ordinance to establish Anchoring Limitation Areas on behalf of the City of Vero Beach and the Town of Indian River Shores. Attachments: Anchoring Limitation Ordinance with Exhibits.pdf Affidavit of Publication - Anchoring Limitation Ordinance.pdf Business Impact Statement Anchoring Limitation Ordinance is Senior Lagoon Environmental Specialist Melissa Meisenburg presented an Ordinance to establish Anchoring Limitation Areas (ALAS) in the County. Her presentation began with a timeline and the Interlocal Agreements (ILAs) between Indian River County, Florida Page 14 Board of County Commissioners Meeting Minutes - Final August 19, 2025 the County and its Municipalities: the City of Vero Beach (COVB), the City of Sebastian, and the Town of Indian River Shores; Sebastian later withdrew their participation at the August 20, 2024 BCC meeting. She then reviewed the requirements for ALAS, enforcement, and exclusions. Next, maps were displayed of the anchoring areas agreed to by Vero Beach and Indian River Shores. The projected budget of $255,500-$329,000 included consultant fees and construction of signs and buoys. Municipalities would reimburse the County 50 percent of the construction costs and would be responsible for on-going monitoring, maintenance, and enforcement. Ms. Meisenburg informed Commissioner Earman that Sebastian preferred to see how the ALAS performed before committing, and there was no penalty to later modify the maps which had been vetted by the Florida Fish and Wildlife Commission. County Attorney Jennifer Shuler added that if changes were made, they needed to go through the Ordinance process again. Chairman Flescher referred to previous comments from the Youth Sailing Foundation's (YSF) leadership. Ms. Meisenburg recounted being informed of their request to eliminate Area 2. It was her understanding that the City removed the portion of Area 2 which was adjacent to the YSF, and confirmed the approved anchoring areas were contained in an agreement between the COVB and the YSF; the County received the final maps from COVB. County Administrator John Titkanich noted the final Vero Beach map covered a smaller area than the map submitted during the ILA. The Chairman opened the floor for comments. Danessa Chambers, Assistant City Engineer, City of Vero Beach (COVB), recounted the City's decision to reduce only a portion of Area 2 adjacent to the YSF, and noted the City's discomfort reducing the area further. Commissioner Adams received confirmation from Ms. Meisenburg that the map shown at this meeting was the one approved by the COVB and would be part of the Ordinance; Ms. Chambers agreed the displayed map was correct. Christopher Drake, Executive Director of the Youth Sailing Foundation, returned to the Board to ask that the entirety of Area 2 be removed for safety. He questioned how removing more of the area would be a detriment. Commissioner Adams advised that if Mr. Drake desired further changes, he needed to address the COVB directly. He asked if Area 2 could be stricken or amended, and decided upon at a later date. He was advised to address the City as they were the decision makers, not the County. Chris Pope, Board of Directors of the Youth Sailing Foundation, explained the Indian River County, Florida Page 15 Board of County Commissioners Meeting Minutes - Final August 19, 2025 source of their miscommunication with the COVB which led to the objections. She received confirmation the item would be voted on today, and changes from the COVB could be handled as future amendments to the Ordinance. Keith Drewett, Vice President of the Clean Water Coalition, commended the Board and staff for bringing forth the Ordinance, stating it would make a difference in the health of the Lagoon. His organization recommended the Board's approval of the ALAS. There being no further comments, the Chairman closed the floor for comments. Chairman Flescher congratulated Ms. Meisenburg on receiving the Lagoon Champion Award from the Clean Water Coalition. Administrator Titkanich thanked Ms. Meisenburg on for her work in partnering with the Municipalities. A motion was made by Commissioner Moss, seconded by Chairman Flescher, to approve staffs recommendation and adopt Ordinance 2025-012, amending the Code of Indian River County, Title IX, Land Development Regulations, Chapter 932 "Coastal Management" to establish anchoring limitation areas in the City of Vero Beach and the Town of Indian River Shores in accordance with Florida Statute 327.4108. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss B. PUBLIC NOTICE ITEMS 12. COUNTY ADMINISTRATOR MATTERS 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources 13.F.1. 25-0785 Indian River County Stormwater Management Plan Recommended action: Staff recommend the BCC approve the Indian River County Stormwater Management Plan and authorize staff to proceed with implementation phases and seek additional funding. Indian River County, Florida Page 16 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Tabled G. Office of Management and Budget 13.G.1. 25-0663 Approval of Changes to Purchasing Manual and Procedures and Authorization to Advertise for Public Hearing for Changes to Chapter 105 Indian River County Code Recommended action: Staff recommends the Board approve the submitted changes to the Procurement Policies and Procedures Manual, and authorize staff to advertise for a public hearing for modifications to Chapter 105 Indian River County Code. Attachments: CHAPTER 105. PURCHASING REDLINE Purchasing Manual - Redlines Procurement Manager Jennifer Hyde opened the item by introducing her staff, their qualifications, and the division's goal. She then presented the proposed changes to the Indian River Code (Code) and updates to the Purchasing Manual and Procedures (Manual). The changes sought to address the challenges of increased costs and delivery times, low spending thresholds, and cyber security. Proposed changes to Chapter 105 of the Code included reorganization of the content, moving procedures to the Manual, an spending threshold increase for the County Administrator, and required disclosure of vendor ownership by County employees. Proposed changes to the Manual included increasing the quote threshold to $10,000, increasing the formal procurement (bid) threshold to $100,000, increasing the Procurement Manager's threshold to $100,000, increasing the County Administrator's authority to $200,000, increasing bid security to $200,000, and increasing the construction bond requirement to $200,000. The section ended with a list of miscellaneous changes related to the bid and award process. Chairman Flescher expressed reservations at increasing the County Administrator's threshold to $200,000. He was uncomfortable granting the authority to spend such a large amount without the Board's approval; he suggested setting the limit at $100,000. Vice Chairman Loar received information from Ms. Hyde on the benefits to lowering the bond capacity on certain projects. Commissioner Earman was assured that the changes would make the County more efficient and more responsive during emergencies. Commissioner Earman was in favor of increasing the Administrator's threshold, and sought input from Administrator Titkanich on how to ensure communication regarding expenditures. The Administrator noted he produced a quarterly report and offered to create a monthly one instead. Chairman Flescher maintained his objection to being notified only after the money was spent, except in cases of Indian River County, Florida Page 17 Board of County Commissioners Meeting Minutes - Final August 19, 2025 emergency, and noted he could call a special call meeting to discuss large expenditures. Ms. Hyde informed Commissioner Adams that typical projects in the $100,000 to $200,000 range included roofing bids, boardwalks, painting, power washing and other large repair work. Commissioner Moss expressed support for staff s recommendation. The Chairman opened the floor for public comment. Richard Minetti, Resident, suggested evaluating Ms. Hyde's changes for a year. Lalita Janky spoke in favor of the lower threshold for the Administrator and having the Board informed of larger amounts for non -emergencies. Commissioner Loar favored increasing the spending threshold if it expedited work and saved money, stating he trusted the County Administrator to make the right decisions. The Chairman assured there was no distrust, but he felt more comfortable in his stewardship of the County's money at the $100,000 level. Ralph Poppell spoke in favor of setting the purchasing limit at $100,000 for the County Administrator. A motion was made by Commissioner Adams, seconded by Commissioner Moss, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss Nay: 1 - Chairman Flescher H. Parks, Recreation, and Conservation I. Planning and Development Services J. Public Works 13.11. 25-0750 Rain Tree Corners Special Assessment Request Recommended Action: Staff recommends the Board consider the Rain Tree Corners neighborhood request. Public Works staff supports the request because the existing culvert is not expected to last much longer, and it is in the best interest of all parties to move this forward as quickly as possible to ensure continued and safe access to the subdivision. If the Board approves the request, staff will proceed to prepare an initial assessment resolution to begin the process of creating a new capital project special assessment and obtain bids to come up with a final cost estimate. The project will not commence until the Board approves a final assessment resolution. Indian River County, Florida Page 18 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: Rain Tree Corners HOA Letter with signatures and map IRFWCD Permit IRC Right of Way permit "ready" Signed and Sealed Engineered Construction Plans CK Contractors & Development Proposal Assistant Director of Public Works Danny Ooley presented the special assessment request from the residents of Raintree Comers. He recounted that the culvert at the entrance to the 16 -home subdivision failed during heavy rain, and the County's Road and Bridge Department provided a temporary fix. In pursuing a permanent fix, the residents were informed the Indian River Farms Water Control District (IRFWCD) required replacing the existing 60 -inch culvert with a larger 84 -inch reinforced concrete pipe which raised the project's cost to over $300,000. Most homeowners could not afford to pay this upfront so the Homeowners Association (HOA) petitioned Public Works to create a special assessment to fund the project. The HOA turned over the engineering plans and permits already gathered. Half of the homeowners have committed to paying their share at the project's start, while four residents had yet to submit consent signatures. Mr. Ooley described the next steps in approving the subdivision's request. Commissioner Adams received confirmation from Attorney Shuler that the Attorney's Office was working in conjunction with Public Works to prepare and certify the public notice to the residents. Vice Chairman Loar was notified that a new bid would be secured, but the repayment terms had not yet been decided. Mr. Ooley also confirmed to Vice Chairman Loar that residents who paid early would reduce the amount the others would be assessed. Richard Minetti expressed his community's need for the repair and thanked the Board. Joel Molinari notified the Board that 14 residents had provided their consent. He praised Public Works for their assistance. Mary Wolonowski described the hardship she faced by the failed culvert. A motion was made by Vice Chairman Loar, seconded by Commissioner Adams, 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 K. Sandridge Golf Club L. Utilities Services Indian River County, Florida Page 19 Board of County Commissioners Meeting Minutes - Final August 19, 2025 The Chairman called for a recess at 11:16 a.m., and reconvened the meeting at 11:25 a.m. with all members present. 14. COUNTY ATTORNEY MATTERS 14.A. 25-0710 Environmental Land Acquisition Panel Committee Appointment Recommended Action: The County Attorney recommends that the Board review the applicants' applications and resumes determine whether to appoint hm/her to fill the unexpired term for the "Natural Resources - Member At Large" position to the Environmental Land Acquisition Panel. Attachments: Application - FosmanNoraE Resume - FosmanNoraE Application - GilmoreRichard (elap) Resume - GilmoreRichard Resume - GilmoreRichard (Bio) Attorney Jennifer Shuler presented the three applicants to the Board. Chairman Flescher spoke favorably of Dr. Richard Gilmore. A motion was made by Commissioner Moss, seconded by Chairman Flescher, to approve Richard G. Gilmore as the Natural Resources Member At Large appointee to the Environmental Land Acquisition Panel. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss 14.A.2 25-0827 14.A.2 Previous 9.J. Early Learning Coalition County Attorney Jennifer Shuler recommended appointing the sole applicant, Jessica Staudt, to the position. A motion was made by Commissioner Moss, seconded by Chairman Flescher, to approve Jessica Staudt as the Board of County Commissioners Representative on the Early Learning Coalition Board. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss 14.B. 25-0798 Sale of Tower Easement and Property Near Sea Oaks Recommended action: County staff recommends that the Board agree to the sale of the 99 -year easement to Wireless Edge and direct the County Attorney's Office to negotiate final terms of the attached draft documents.Once the sale of the easement is completed, staff is authorized finalize the sale of the property to Sea Oaks. Indian River County, Florida Page 20 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: Letter of Intent - IRC SEA OAKS -L01 7-17-25.pdf Assignment of Lease - (Sea Oaks) 5-13-25.docx Bill of Sale - (Sea Oaks) 5013025 v1.doc 25.8.5 Wireless Easement (Sea Oaks) 5-13-25 (1) Draft Sea Oaks Commission Presentation 20250804 Assistant County Attorney Chris Hicks provided background on the property which was formerly used for utilities and had been declared surplus on June 18, 2024, at the request of Sea Oaks. Staff was instructed at that time to negotiate with Sea Oaks for their purchase of the property. While the property was no longer being used for utilities, however, the County had entered into a 2007 agreement with Verizon Wireless for the company to construct a cell tower and lease a portion of the property from the County for the tower's operation. After negotiations with staff, a purchase offer of $859,700 from Sea Oaks was agreed to contingent upon the cell tower and its easement remaining in place. Simultaneously, the County sought to sell the easement to Wireless Edge, and reached a negotiated price of $2,100,000. The County was advised to first sell the cell tower easement before closing on the sale of the underlying property to Sea Oaks. If the Board approved the easement sale, staff would then continue on to finalize the sale of the property to Sea Oaks. Chairman Flescher stated he was pleased with the negotiated agreement. Vice Chairman Loar confirmed that the cell tower did not have Emergency Services' equipment installed on it. Sea Oaks' attorney Bruce Barkett supported staffs recommendation. He stated the residents of Sea Oaks would prefer to keep a monopole tower rather than a lattice structure. Attorney Hicks noted the current lease prevented changes in the tower itself which was owned by Verizon. A motion was made by Vice Chairman Loar, seconded by Chairman Flescher, 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 U.C. 25-0818 Florida Development Finance Corporation Consent Resolution for Brightline Recommended Action: The County Attorney's office recommends that the Board consider approval of the Florida Development Finance Corporation Consent Resolution for the Brightline Project. Indian River County, Florida page 21 Board of County Commissioners Meeting Minutes - Final August 19, 2025 Attachments: FDFC Brightline Resolution Indian River County Interlocal Agreement with Indian River County County Attorney Jennifer Shuler presented Brightline Holding LLC's request to issue $400,000 of revenue bonds through the Florida Development Finance Corporation's (FDFC) to finance safety improvements at railroad crossings. A previously signed Interlocal Agreement allowed the issuance of the bonds subject to the Board's consent. Chairman Flescher informed the public that there was no financial obligation on the County's part related to the FDFC bonds. Brian Kronberg, Senior Vice President of Brightline, discussed enhancements planned for 32 of the County's railroad crossings. A motion was made by Commissioner Moss, seconded by Chairman Flescher, to approve staffs recommendation and Resolution 2025-037, providing consent to the Florida Development Finance Corporation to the issuance of Revenue Bonds on behalf of Brightline Holdings LLC and/or certain affiliates; and providing an effective date. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman Loar, Commissioner Adams, Commissioner Earman, and Commissioner Moss 14.D. 25-0792 Michael and Jeannie Sole v. IRC Settlement Agreement Recommended Action: The County Attorney's Office recommends that the Board consider approval of the attached Settlement and Release Agreement. Attachments: Sole v. IRC Settlement Agreement 11280 S Indian River Drive - Open Space Agreement County Attorney Jennifer Shuler provided a recap of events regarding the Krogel Homestead Conservation Area, 11296 Indian River Drive, which the County acquired in 2002 for the public's use. She explained that the previous owners had entered into an Open Space Agreement (OSA) with an adjacent property to the south, now owned by Mr. and Mrs. Sole. The Soles sued the County in 2023 to enforce the OSA, with judgment granted to prohibit the County from allowing public access to the open space and waterfront area. Both parties were ordered to work together on how to restrict public access. In the negotiated settlement before the Board, the County agreed to install a locked fence, escort non -County visitors, and install native plants; in return, the Soles agreed to withdraw their motion seeking reimbursement of their attorney's fees and costs. She added that the Sole's property was under contract, and the new owners were in favor of the settlement agreement. Vice Chairman Loar received clarification that County staff would escort anyone needing access to the open space area. Commissioner Adams was advised that the Indian River County, Florida Page 22 Board of County Commissioners Meeting Minutes - Final August 19, 2025 County owned the open space, but the public was not allowed to access it, and further, the County had to take measures to prevent public access. Discussion was had regarding the original intent of the Krogel property. Commissioner Earman expressed doubt about the property's suitability for public traffic and favored approving the settlement. Beth Powell, Director of Parks, Recreation, and Conservation, provided Commissioner Adams with details on the fence which would be hogwire and fence posts with a locked pole gate. Ms. Powell confirmed for Commissioner Moss that grant funds were used to purchase the Krogel property which was also the site of a historically significant homestead. Ms. Powell detailed the improvements made to the rest of the property, and confirmed the restored home could be opened. Ms. Powell confirmed the rest of the property could be opened to the public once the fence was installed. A motion was made by Commissioner Earman, 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 15. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Deryl Loar, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 12:04 p.m. Indian River County, Florida Page 23 Board of County Commissioners Meeting Minutes - Final August 19, 2025 ATTEST: Ryan L. L. Butler Clerk of Circuit Court and Comptroller BCC/RW/2025 Minutes .G..ti1 M I S ....... fo`��l'•. qs U- Approved: 0--tOber u, 2025 Indian River County Florida Page 16 1A