Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.ircgov.com  
Board of County Commissioners  
Joseph H. Earman, District 3, Chairman  
Susan Adams, District 1, Vice Chairman  
Joseph Flescher, District 2  
Deryl Loar, District 4  
Laura Moss, District 5  
Michael C. Zito, Interim County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, January 31, 2023  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Joe Earman  
Vice Chairman Susan Adams  
Commissioner Joseph Flescher  
Commissioner Deryl Loar  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Reverend Dr. Anna V. Copeland, Community Church of Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Moved: Item 7.A. to follow Item 5.B.  
Items under 15.B. Solid Waste Disposal District to follow Consent Agenda  
Deleted: Items 5.C. and 8.G.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve the Agenda as amended. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0003  
4.A.  
4.B.  
Deletion of 5.C. Presentation of Proclamation Recognizing the Education Foundation  
of Indian River County  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Deleted  
23-0060  
Deletion of 8.G. First Amendment to Aircraft Rescue and Firefighting (ARFF)  
Agreement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the First Amendment to Aircraft Rescue and  
Firefighting (ARFF) Agreement and authorize the chair to execute the First  
Amendment after review and approval by the County Attorney.  
Attachments: Staff Report  
First Amendment Draft  
Deleted  
5. PROCLAMATIONS and PRESENTATIONS  
23-0073  
5.A.  
Presentation of Proclamation Honoring Sandra M. Gebert on Her Retirement From  
the Indian River County Board of County Commissioners Department of General  
Services, Library Services Division  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Ms. Gebert was joined by Beth Powell, Director of Parks and Recreation, and library  
staff as she was honored for her 20-plus years of service. Ms. Gebert also received  
the County's 20-year Service Award, presented by Interim County Administrator  
Michael Zito, who commended her contributions to the community.  
Read and presented by Chairman Earman  
23-0067  
5.B.  
Presentation of Proclamation Honoring Patrick White on his Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Captain Patrick White was joined by his family and many members of the Indian  
River County Sheriff's Office as Commissioners Flescher and Loar recounted Captain  
White's distinguished 26-year career. He received accolades for his bravery and  
level-headedness from the Board, Interim County Administrator Michael Zito, and  
Undersheriff Thomas Raulen. Captain White stated he was honored, and retirement  
was bittersweet.  
Read and presented by Commissioner Flescher  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of November 15, 2022, and  
November 22, 2022 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0089  
6.A.  
Regular Meeting of November 15, 2022  
Approve  
Recommended Action:  
Attachments: 11152022 BCC Draft  
Approved  
23-0091  
6.B.  
Regular Meeting of November 22, 2022  
Approve  
Recommended Action:  
Attachments: 11222022 BCC Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-0087  
7.A.  
Government Finance Officers Association Certificate of Achievement for Excellence  
in Financial Reporting  
Recommended Action:  
Inform  
Attachments: Commissioner's Memorandum  
Award Announcement & Press Release  
Ryan Butler, Chief Deputy Legal, appeared before the Board to accept the Certificate  
of Appreciation for the Annual Comprehensive Financial Report (ACFR), an honor  
the Comptroller's office has received for 39 consecutive years. Mr. Butler credited  
Finance Director Elissa Nagy and Assistant Finance Director Raeanne Cone for their  
hard work, and acknowledged production of the ACFR was a team effort.  
No Action Taken or Required  
23-0100  
7.B.  
State Housing Initiatives Partnership (SHIP) Program Loans and SHARP (American  
Rescue Plan) Grants Approved on January 24, 2023, by Local Housing Assistance  
Loan Review Committee  
Recommended Action:  
Inform  
Attachments: Commissioner's Memorandum  
Commissioner Laura Moss highlighted the County's housing assistance programs.  
No Action Taken or Required  
23-0056  
7.C.  
1st Quarter FY 2022/2023 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
1st Quarter Budget Report  
No Action Taken or Required  
23-0086  
7.D.  
Appointment of Katie Mieras to the Children's Services Advisory Committee  
Representing District 3  
Recommended Action:  
Inform  
Attachments: Commissioner's Memorandum  
Mieras Application & Resume  
Chairman Earman noted his appointment of Ms. Mieras as District 3 Representative  
to the Children's Services Advisory Committee.  
No Action Taken or Required  
23-0050  
7.E.  
Florida Public Service Commission Consummating Order PSC-2023-0043-CO-EI,  
issued on December 21, 2022, this Commission proposed to take certain action,  
subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida  
Administrative Code.  
Recommended Action:  
Information Only  
Attachments: PSC-2023-0043-CO-EI  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0022  
8.A.  
Agreement with Meeks Plumbing for North County and West Wabasso Septic to  
Sewer Private Side Connections  
Recommended Action:  
Staff recommends the Board approve the agreement, including the addition of the  
West Wabasso residences, and authorize the Chairman to execute the agreement  
after the County Attorney has approved it as to form and legal sufficiency, and after  
Meeks is actively registered in SAM.gov.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
23-0048  
8.B.  
First Extension to Agreements for Temporary Staffing Services  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the First Extensions,  
and authorize the Chairman to execute them, after approval by the County attorney as  
to form and legal sufficiency, and after receipt and approval of required insurance by  
Risk Management.  
Attachments: Staff Report  
First Extension - Altrian  
First Extension - AUE Staffing  
First Extension - Blue Arbor  
First Extension - LFI  
Approved staff's recommendation  
23-0051  
8.C.  
Award of RFP 2023004 for Housing Program Inspection Services  
Recommended Action:  
Staff recommends the Board award RFP 2023004 to SoFI Corporation, approve the  
agreement, and authorize the Chairman to sign after the County Attorney has  
approved it as to form and legal sufficiency and after receipt and approval of the  
required insurance by the Risk Manager.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
23-0052  
8.D.  
Second Extension and Amendment to the Agreement for Operations of the Biosolids  
Dewatering Facility, Sludge Dewatering, and Hauling  
Recommended Action:  
Staff recommends the Board approve the second extension and amendment to the  
agreement and authorize the Chairman to execute it, after review and approval by the  
County attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Second Extension and Amendment  
Approved staff's recommendation  
23-0062  
8.E.  
Workers Compensation Settlement; Justin House  
Recommended Action:  
This claim was evaluated by the County's excess Worker's Compensation carrier and  
it is recommended that the Board of County Commissioners approve the final  
settlement of $398,167.50 to resolve this claim.  
Attachments: Staff Report -- Workers Comp  
Approved staff's recommendation  
23-0064  
8.F.  
First Renewal of Sublease Agreement with the Senior Resource Association for the  
Main Transit Hub  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the sublease and  
authorize the Chairman to execute the lease.  
Attachments: Staff Report  
First Renewal  
Sublease 2017  
Approved staff's recommendation  
23-0065  
8.H.  
Appointment of Chairman to Children's Services Advisory Committee  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners appoint Miranda  
Swanson as Chairman of the Children's Services Advisory Committee  
Attachments: Staff Report  
Approved staff's recommendation  
23-0071  
8.I.  
Work Order Number 2, Amendment No. 1 - Continuing Engineering Services RFQ  
2018008 - Renewal and Amendment No1. Fran B. Adams North County Regional  
Park (Playground and Soccer Complex Area)  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 2, Amendment No.  
1, with Masteller and Moler Inc., authorizing the professional services as outlined in  
Exhibit A, and request the Board authorize the Chairman to execute Amendment No  
1., Work Order Number 2.  
Attachments: Staff Report  
Amendment 1  
Approved staff's recommendation  
23-0072  
8.J.  
Template Emergency Beach Access Agreement  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
template agreement and authorize the Parks and Recreation Director to sign  
agreements on their behalf upon review and approval by the County Public Works  
Director, Natural Resources Manager, Risk Manager, and County Attorney.  
Attachments: Staff Report  
Template Emergency Beach Access Agreement  
Approved staff's recommendation  
23-0075  
8.K.  
Jackie Robinson Training Complex Ticket Office Renovations Change Order No. 1  
and Release of Retainage (IRC-2020)  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 5 to De La Hoz Builders, Inc. in the amount of  
$20,689.52 for release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
23-0083  
8.L.  
Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No.  
2018029-11, Year 3 Post-Construction Environmental Monitoring  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018029-11 in the total lump  
sum amount of $93,129.12. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018029-11  
Attachments: Staff Report  
APTIM Work Order No. 2018029-11  
Work Order No 2018029-11 Agreement  
Approved staff's recommendation  
23-0078  
8.M.  
Resolution Cancelling Taxes  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel certain taxes upon the properties purchased by or donated to  
Indian River County for a public purpose, and the Clerk to send a certified copy of  
the Resolution to the Tax Collector and the Property Appraiser so that any delinquent  
or current taxes can be cancelled.  
Attachments: Staff Report  
Resolution Cancelling Taxes  
Warranty Deed  
Approved Resolution 2023-003, cancelling certain taxes upon public owned  
lands, pursuant to Section 196.28, Florida Statutes. (RaceTrac)  
23-0081  
8.N.  
General Obligation Bond Resolution  
Recommended Action:  
The County Attorney’s Office recommends the Board approve the General  
Obligation Bond Resolution.  
Attachments: Staff Report  
Bond Resolution  
Approved Resolution 2023-004, authorizing the issuance of not exceeding  
$50,000,000 in aggregate principal amount of Indian River County, Florida  
General Obligation Bonds at one time or from time to time, to finance the cost of  
acquiring and preserving environmentally sensitive lands and constructing public  
access improvements related thereto within the County; making certain  
covenants and agreements in connection therewith; providing for the rights of  
the holders of such bonds; providing other matters; and providing an effective  
date.  
23-0095  
8.O.  
Amendment 1 to Work Order No. 51 - Kimley-Horn and Associates, Inc., Aviation  
Boulevard Extension - Alternative Alignment Study (IRC-1761)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Amendment No. 1  
with Kimley-Horn and Associates, Inc. for an amount not to exceed $28,500.00 and  
authorize the Chairman to execute the amendment.  
Attachments: Staff Report  
Amendment 1 to Work Order 51  
Approved staff's recommendation  
23-0097  
8.P.  
Utility Work By Highway Contractor Agreement with FDOT for the Adjustment of  
Utility Valves for the SR-60 Resurfacing from West of CR-512 to West of 94th  
Drive  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Florida  
Department of Transportation - Utility Work by Highway Contractor Agreement, and  
authorize the Chairman to execute and sign on their behalf  
Attachments: Staff Report  
FDOT - Utility Work Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE WITH THE  
OFFICE OF THE CLERK TO THE BOARD.  
23-0061  
10.A.1.  
Miscellaneous Budget Amendment 02  
Recommended Action:  
Staff recommends that after the public hearing, the Board of County  
Commissioners approve the budget resolution amending the fiscal year  
2022-2023 budget.  
Attachments: Staff Report  
Public Hearing Advertisement  
2022 2023 Resolution  
Exhibit "A"  
Management and Budget Director Kristin Daniels referred to her department's  
report for details of Amendment 02 to the County's FY 2022-2023 budget. She  
noted any time an amendment included actual cash balance dollars, the Florida  
Statutes required a public hearing be held.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve Resolution 2023-005, amending the Fiscal Year 2022-2023  
Budget.  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
23-0057  
10.B.1.  
Request to Speak from Susan Mehiel, Alliance for Safe Trains re: Brightline  
Update  
Recommended Action:  
No action required  
Attachments: Public Discussion Request S.Mehiel  
Susan Mehiel, Alliance for Safe Trains, appeared before the Board with an  
update on the Brightline (fka All Aboard Florida) high-speed trains, which  
included numbers of train-related deaths in the four-county area, lack of  
regulations for higher-speed rail, the possibility of transporting liquefied natural gas  
on the rails, and needed safety enhancements.  
No Action Taken or Required  
23-0059  
10.B.2.  
Request to Speak from George Colon, Advocate re: Fentanyl Awareness  
No Action Required  
Recommended Action:  
Attachments: Public Discussion Request G. Colon  
George Colon, Certified Recovery Coach and Sober Companion, addressed the  
Board to raise awareness of the dangers of fentanyl in Indian River County. He  
advocated for increased monitoring of sober houses, and detailed his efforts to  
gain assistance. Mr. Colon praised Indian River County Sheriff Eric Flowers, and  
Commissioner Moss for bringing attention to the impact of fentanyl on County  
residents.  
No Action Taken or Required  
23-0063  
10.B.3.  
Request to Speak from Joann McGrath re: Safety & Protection of Gopher  
Tortoises in IRC  
Recommended Action:  
No action required  
Attachments: Public Discussion Request J.McGrath  
Joann McGrath discussed the plight of the gopher tortoise which was losing its  
habitat due to increased land development. Ms. McGrath called for greater  
enforcement of required environmental surveys to detect the tortoise's burrows,  
amending Ordinances to require surveys for parcels less than one (1) acre, and  
the establishment of a public-led protection committee.  
No Action Taken or Required  
The Chairman called a recess at 10:37 a.m., and reconvened the meeting at 10:50  
a.m. with all members present.  
C. PUBLIC NOTICE ITEMS  
23-0055  
10.C.1.  
Public Notice of Public Hearing for February 7, 2023, to Consider an Ordinance  
Attachments: Staff Report  
County Attorney Dylan Reingold read the public notice announcement into the  
record.  
No Action Taken or Required  
23-0058  
10.C.2.  
Public Notice of Public Hearing for February 7, 2023, for Ordinance Amending  
Section 100.03 “Amendment or Repeal of Ordinances” of Chapter 100 “General  
Provisions” of the Code of Indian River County, Codifying and Publishing the  
Ordinances to Readopt the Code up to and Including Supplement 144  
Attachments: Staff Report  
County Attorney Dylan Reingold read the public notice announcement into the  
record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
23-0079  
11.A.  
Appointment of District 19 Medical Examiner  
Recommended Action:  
My recommendation is to respond with a Favorable recommendation. I am looking  
for Board direction to respond.  
Attachments: Staff Report - Medical Examiner  
Memo - State Medical Examiners Commission  
Interim County Administrator Michael Zito sought the Board's input on the  
performance of incumbent Medical Examiner for Distinct 19, Patricia A. Aronica,  
MD, per the State Medical Examiners Commission request.  
The Board expressed their favorable impressions of Dr. Aronica, praising her  
experience, clarity, and desire to improve the service and the infrastructure of the  
Medical Examiner's office.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve a favorable recommendation for reappointment of Patricia A.  
Aronica, MD to the position of District 19 Medical Examiner. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
23-0066  
12.C.1.  
Consideration for Adopt-A-Park Program  
Recommended Action:  
Staff respectfully requests that the Board approve the implementation of an  
Adopt-A-Park program for Indian River County and adopt the corresponding  
Resolution.  
Additionally, staff requests that the Board approve the  
Adopt-A-Park Program Agreement upon review and approval by the County  
Attorney and Risk Manager.  
Attachments: Staff Report  
Adopt a Park resolution  
Adopt-A-Park Agreement  
Adopt-A-Park Program  
AM 1000.9  
Beth Powell, Interim General Services Director/Parks and Recreation Director,  
described the efforts of a local Cub Scout Pack to initiate an Adopt-A-Park  
program, similar to the Adopt-A-Road program, in Indian River County. Ms.  
Tammy Denino, a leader in Cub Scout Pack 595, described her pack's focus on  
conservation service projects, and the need for a volunteer park beautification  
program.  
The Commissioners expressed support for the program, and directed applicants  
to the County's website ircgov.com/parksandrecreation for additional information.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve staff's direction and Resolution 2023-006, approving an  
Adopt-A-Park program and authorizing the Parks and Recreation Director to  
enter into agreements for the program. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
D. Human Resources  
E. Information Technology  
23-0094  
12.E.1.  
Information Technology Policy Additions to the Administrative Policy Manual  
Staff recommends that the Board approve the addition these policies to the APM.  
Recommended Action:  
Attachments: Staff Report  
AM-1200.01 - Contingency Planning  
AM-1200.02 - Incident Response  
AM-1200.03 - Awareness and Training  
AM-1200.04 - Program Management (002)  
AM-1200.05 - Planning  
AM-1200.06 - Identification and Authentication  
AM-1200.07 - System and Communications Protection  
AM-1200.08 - Configuration Management  
AM-1200.09 - Access Control  
AM-1200.10 - Audit and Accountability  
AM-1200.11 - Assessment Authorization and Monitoring  
AM-1200.12 - Maintenance  
AM-1200.13 - System and Information Integrity  
AM-1200.14 - Media Protection  
AM-1200.15 - Physical and Environmental Protection  
AM-1200.16 - Personnel Security  
AM-1200.17 - System and Services Acquisition  
AM-1200.18- Risk Assessment  
AM-1200.19 - Supply Chain Risk Management  
AM-1200.20 - Personally Identifiable Information Processing and  
Transparency  
AM-1200.21 - Acceptable Use  
Information Technology Director Dan Russell referred to his memorandum dated  
January 31, 2023, which presented policy additions to the Administrative Policy  
Manual. Mr. Russell noted new State statutes specified additional requirements  
for local government cyber security, and alignment with the National Institute of  
Standards and Technology (NIST) recommendations.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Moss, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
F. Office of Management and Budget  
G. Public Works  
23-0076  
12.G.1.  
Change Order No. 3 66th Avenue Roadway Widening (49th Street to 69th  
Street), Construction of 53rd Street Signalized Intersection, IRC-1505  
Recommended Action:  
Staff recommends the Board approve Change Order No. 3, authorizing the  
additional funding in the amount of $814,277.14. The new total contract amount  
will be $34,329,232.34.  
Attachments: Staff Report  
Change Order No.3  
Director of Public Works Richard Szpyrka presented a change order to construct  
a signalized intersection at 53rd Street and 66th Avenue in order to improve  
safety and accommodate future traffic. Director Szpyrka noted this intersection  
was being expanded as part of the 66th Avenue widening project, and was also  
important to the future path of 53rd Street, west of 58th Avenue.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0082  
12.G.2.  
Request for Stormwater Summer Camp 2023  
Recommended Action:  
Staff requests approval from the Board for Indian River County Stormwater Staff  
to participate in and lead Summer Camp sessions hosted at the Pelican Island  
Audubon House in Summer 2023  
Attachments: Staff Report  
Stormwater Educator Alexis Peralta requested approval to host two 2-week  
sessions (4 weeks total) of Stormwater Summer Camp in 2023. Ms. Peralta  
explained the planned extension of the camp to a 2-week program, and the  
partnership with the Pelican Island Audubon Advocates program. Ms. Peralta  
utilized a slide presentation to detail the activities and curriculum of the camp, and  
showed a promotional video with endorsements from past campers.  
Donna Halleran, Executive Director, Pelican Island Audubon Society, discussed  
the Audubon's programs for underserved students with an interest in science.  
Assistant County Administrator Michael Zito suggested promoting Stormwater  
Camp at the upcoming STEAM Fest on March 4, 2023.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
23-0077  
13.A.  
City of Sebastian - Graves Brothers Annexation Update  
Attachments: Staff Report  
Draft Annexation Agreement  
County Comments on Draft Agreement  
County Attorney Dylan Reingold referred to the City of Sebastian's (City) latest draft  
of the Graves Brothers annexation agreement, which was attached to his memo dated  
January 23, 2023. Attorney Reingold discussed adding a potential 20,000 people to  
the area, and the County's responsibility to provide essential services such as roads,  
water/sewer, and firefighters. He expressed disappointment the language addressing  
those needs was eliminated from the agreement, and sought direction from the Board  
in addressing the County's concerns.  
The Commissioners weighed-in with the need for consistency with the County's  
Visioning Plan, and the concern the County may not be able to meet the infrastructure  
expectations of future development. They agreed on the need to have a plan before  
annexation, and supported outlining their concerns in a letter to the City.  
Director of Utility Services Sean Lieske stressed the importance of advance planning,  
and recommended getting a commitment from the developers to set aside land for  
future utility needs. Interim County Administrator Michael Zito mentioned concerns  
over being able to expand the County's Consumptive Use Permit (CUP).  
Sebastian Council Member Bob McPartlan received information from Mr. Lieske  
regarding the fact that current water capacity was spoken for, and the County did not  
have capacity for the scale of development being contemplated. Mr. Lieske reiterated  
the need to specify an allotment of land for future utility infrastructure.  
The Chairman opened the item to public discussion. The following people expressed  
their concerns with the annexation agreement:  
Graham Cox, Sebastian resident  
Dan Lamson, Executive Director, Indian River Neighborhood Association  
Dr. Richard Baker, President, Pelican Island Audubon Society  
Donna Halleran, Executive Director, Pelican Island Audubon Society  
A motion was made by Commissioner Loar, seconded by Vice Chairman Adams,  
to approve directing staff to send a letter to the City of Sebastian, in advance of  
the February 8, 2023 City Council meeting, outlining the County's concerns  
regarding the latest draft of the Graves Brothers Annexation agreement. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
2023 Committees Vacancies and Appointments  
23-0085  
13.B.  
Recommended Action:  
The County Attorney recommends that the Board review the applicants’ résumés and  
applications, and determine whether which applicants to appoint for the Beach and  
Shore Preservation Advisory Committee.  
Attachments: Staff Report  
Vacancy List  
County Attorney Dylan Reingold presented candidates for the Beach and Shore  
Preservation Advisory Committee (Committee). Chairman Earman noted that as the  
Board liaison to the Committee, he had interviewed all the candidates he was not  
already familiar with.  
Chairman Earman invited the candidates in attendance to speak before the Board.  
Bob Bruce and Shelby Graziani spoke of their backgrounds and interest in serving on  
the Committee.  
Chairman Earman stated he supported Michael W. Sole and Ms. Graziani for the  
appointments, before seeking input from the Board.  
Commissioner Flescher discussed Mr. Bruce's success in aiding beach restoration.  
Vice Chairman Adams supported Mr. Sole's technical experience, and Ms. Graziani's  
fresh outlook. Commissioner Loar stated he was impressed with Mr. Sole's  
experience. Commissioner Moss nominated Michael T. Korpar and spoke of his  
knowledge; she liked Mr. Sole's resume as well.  
Public Works Director Richard Szpyrka updated the Board on the Department of  
Environmental Protection's allocation of funds among the County's beach sectors.  
A motion was made by Commissioner Loar, seconded by Vice Chairman Adams,  
to appoint Michael W. Sole to the Beach and Shore Preservation Advisory  
Committee. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
Commissioner Flescher added to his reasons for supporting Bob Bruce. Under  
discussion, Commissioner Adams noted she gave weight to the liaison's preferences,  
and thought Mr. Bruce would continue to be an advocate for the beaches regardless  
of his appointment.  
Commissioner Moss again nominated Mr. Korpar.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to appoint Bob Bruce to the Beach and Shore Preservation Advisory Committee.  
The motion failed by the following vote:  
2 - Commissioner Flescher, and Commissioner Loar  
Aye:  
Nay:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Moss  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to appoint Shelby L. Graziani to the Beach and Shore Preservation Advisory  
Committee. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
23-0088  
14.A.1.  
Proposed Cover Letter and Revised Beach Renourishment Project Easement  
Discuss  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Cover Letter & Revised Easement  
Chairman Earman brought forth a final attempt to secure easements from the  
residents of the Sector 7 beach area which would allow replacement of sand lost  
to erosion. The Chairman looked for the Board's input on his cover letter and  
revised easement which would be sent to all residents who previously declined or  
deferred allowing beach renourishment in their Sector.  
Commissioner Flescher expressed support for the revised easement, and sought  
clarification regarding those residents who had signed a previous version of the  
easement. The Chairman advised that the revised easement mirrored language  
from utility and construction easements the County routinely engaged in.  
County Attorney Dylan Reingold discussed the various ways to protect public  
access to the beach, and why it was important to County residents. He favored  
waiting until the March 17, 2023 deadline called for in the Chairman's letter  
before addressing any concerned residents who had previously signed an  
easement.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Adams, to direct staff to circulate the Chairman's cover letter and revised  
easement to Sector 7 beach front residents. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. Commissioner Susan Adams, Vice Chairman  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
The Board of County Commissioners reconvened as the Board of Commissioners of  
the Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
A. Emergency Services District  
B. Solid Waste Disposal District  
[Clerk's Note: SWDD Items were heard following the Consent Agenda]  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve the SWDD meeting minutes of November 15, 2022, and  
November 22, 2022, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0090  
15.B.1.  
Approval of SWDD Meeting Minutes of November 15, 2022  
Approve  
Recommended Action:  
Attachments: 11152022 SWDD Draft  
Approved  
23-0092  
15.B.2.  
Approval of SWDD Meeting Minutes of November 22, 2022  
Approve  
Recommended Action:  
Attachments: 11222022 SWDD Draft  
Approved  
23-0096  
15.B.3.  
Amendment No. 1 to Agreement between SWDD and KCI for Franchise  
Collection Procurement Assistance  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
Amendment No. 1 to Agreement, and authorize the Chairman to sign it after  
review and approval by the County Attorney as to form and legal sufficiency  
Attachments: Staff Report  
Amendment No 1 to Agreement with SWDD and KCI  
Solid Waste Disposal District (SWDD) Director Himanshu Mehta discussed the  
rationale behind hiring Kessler Consulting, Inc. (KSI) to perform a Waste  
Generation Study and how the results would inform changes needed to the  
SWDD's rate structure.  
Chas Jordan, Senior Consultant, Kessler Consulting, Inc., presented background  
on SWDD assessments, scope of project, methodology, data on waste  
generation and recommendations. KSI's report recommended both increases and  
decreases to the County's Waste Generation Unit (WGU) calculations based on  
the study's quantified data. KSI also recommended following up with a Rate  
Study of all revenue sources, which was last done almost 30 years ago.  
Vice Chairman Adams expressed concern the study recommended doubling the  
fees for restaurants. Director Mehta explained that a gradual increase in  
assessments based on a holistic view of their funding was most likely. Mr. Jordan  
informed the Board of rate studies done by other counties.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Moss, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0098  
15.B.4.  
Nineteenth Amendment to Republic Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
Nineteenth Amendment to Republic Services landfill contract for the additional  
landfill gas operation and maintenance services; and authorize the Chairman to  
execute the agreement  
Attachments: Staff Report  
Nineteenth Amendment to Republic Services  
SCS Field Services Proposal  
Solid Waste Disposal District Director Himanshu Mehta briefly described the  
amendment regarding the cost to operate and maintain the landfill's gas system.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Moss, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:37 p.m.