Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.indianriver.gov  
Board of County Commissioners  
Susan Adams, District 1, Chairman  
Joseph Flescher, District 2, Vice Chairman  
Joseph H. Earman, District 3  
Deryl Loar, District 4  
Laura Moss, District 5  
John A. Titkanich, Jr., County Administrator  
William K. DeBraal, County Attorney  
Ryan L. Butler, Clerk of the Circuit Court and Comptroller  
Tuesday, January 23, 2024  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Susan Adams  
Vice Chairman Joseph Flescher  
Commissioner Joe Earman  
Commissioner Laura Moss  
Commissioner Deryl Loar  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Pastor Chris Drinnon, Grace Baptist Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph E. Flescher  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Items 14.A.1 and 15.B.1. to be heard following the Consent Agenda, as  
Commissioner Earman had a time certain appointment at 11:00 a.m.  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to approve the Agenda as amended. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
5. PROCLAMATIONS and PRESENTATIONS  
24-0089  
5.A.  
Presentation of Proclamation Recognizing African American Pioneer Ernie James  
Grier  
Recommended Action:  
Recommend Read & Present  
Attachments: Proclamation  
Postponed until the February 6, 2024 regular meeting.  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
24-0088  
7.A.  
Proclamation Designating January 21-27, 2024 As Certified Registered Nurse Week  
Informational Purposes Only  
Recommended Action:  
Attachments: Proclamation  
No Action Taken or Required  
24-0097  
7.B.  
Notice of Proposed Parks, Recreation & Conservation Department Fee Schedule  
and Standard Operating Procedures Update  
Recommended Action:  
There is no action required by the BCC at this time as this is being presented for  
informational purposes only.  
Attachments: Staff Report  
Proposed Fees Attachment A BCC Info  
No Action Taken or Required  
8. CONSENT AGENDA  
Items 8.S. and 8.AB. were pulled for discussion.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Consent Agenda as amended. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0072  
8.A.  
Checks and Electronic Payments December 8, 2023 to December 14, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of December 8, 2023 to December 14, 2023  
Attachments: Comptroller Division Staff Report  
Approved staff's recommendation  
24-0074  
8.B.  
8.C.  
8.D.  
8.E.  
8.F.  
Checks and Electronic Payments December 15, 2023 to December 21, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of December 15, 2023 to December 21, 2023  
Attachments: Comptroller Division Staff Report  
Approved staff's recommendation  
24-0071  
Checks and Electronic Payments December 22, 2023 to December 28, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of December 22, 2023 to December 28, 2023  
Attachments: Comptroller Division Staff Report  
Approved staff's recommendation  
24-0078  
Checks and Electronic Payments December 29, 2023 to January 4, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of December 29, 2023 to January 4, 2024  
Attachments: Comptroller Division Staff Report  
Approved staff's recommendation  
24-0093  
Checks and Electronic Payments January 5, 2024 to January 11, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of January 5, 2024 to January 11, 2024  
Attachments: Comptroller Division Staff Report  
Approved staff's recommendation  
24-0077  
Internal Audit Division Annual Report  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Approved staff's recommendation  
23-1142  
8.G.  
Award of Bid 2024024 for Upper Floridian Aquifer South Well No. 1 Replacement  
Recommended Action:  
Staff recommends the Board award bid 2024024 to Florida Design Drilling, Inc.,  
approve the sample agreement, and authorize the Chairman to execute it after review  
and approval of the agreement and required Public Construction Bond as to form and  
legal sufficiency by the Assistant County Attorney.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
24-0033  
8.H.  
Second Extension to Agreement for Custodial Services for County Administration  
Complex (Bid 2022022)  
Recommended Action:  
Staff recommends the Board approve the Second Extension, and authorize the  
Chairman to sign it after the County Attorney has approved it as to form and legal  
sufficiency.  
Attachments: Staff Report  
Admin Complex Custodial Services Second Extension  
Approved staff's recommendation  
24-0045  
8.I.  
Award of RFP 2024014 for Jones’ Pier Conservation Area Design & Fabrication of  
Interpretive Center Exhibits and Authorization to Negotiate  
Recommended Action:  
Staff recommends the Board award the RFP to Ritacco & Chan Architecture, LLC,  
and authorize negotiations with the firm.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0049  
8.J.  
First Extension to Agreement for North County and West Wabasso Water and  
Sewer Customer Side Connections (RFP 2023007)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the First Extension,  
and authorize the Chairman to execute it, 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  
Approved staff's recommendation  
24-0064  
8.K.  
2024/2025 Budget Workshop/Hearing Schedule  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the budget  
workshop dates for the budget hearings for 2024/2025 budgets.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0066  
8.L.  
Award of RFP 2024025 for an Urban Service Boundary Study  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award the RFP to  
Inspire Placemaking Collective, 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.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0070  
8.M.  
Award of Bid 2024026 for Tracking Station Beach Park Dune Crossover  
Recommended Action:  
Staff recommends the Board award Bid 2024026 to Island Harbor Custom Builders,  
approve the agreement, and authorize the Chairman to sign the agreement after  
receipt and approval of the agreement and the required public construction bond by  
the County Attorney as to form and legal sufficiency, after the Contractor has  
reactivated its status with the Building Division, and after receipt and approval of the  
required insurance by the Risk Manager. Staff also recommends the Board authorize  
the County Administrator to decrease the scope of work, as may be required, to  
prioritize completion of the southern crossing. So long as there are no changes in the  
dollar amount under the agreement, upon adequate completion of the work set forth in  
the agreement, staff is directed to make final payment and release any retainage to  
Island Harbor Custom Builders, after review and approval by the Purchasing  
Manager and the County Attorney’s Office.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0075  
8.N.  
Award of RFP 2024021 for an Impact Fee Study Update (Non-Utility)  
Recommended Action:  
Staff recommends the Board award the RFP to Alfred Benesch & Company,  
approve the agreement, and authorize the Chairman to execute it, after review and  
approval by the County Attorney 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  
24-0092  
8.O.  
Designation of Excess Equipment as Surplus and Authorization for Disposal  
Recommended Action:  
Staff recommends the Board declare the items on the Excess List for 012324 Agenda  
as surplus and authorize their disposal.  
Attachments: Staff Report  
Excess List for 012324  
Approved staff's recommendation  
24-0098  
8.P.  
Approval of Agreements for Software Purchase and Maintenance (agreements not  
attached due to confidentiality)  
Recommended Action:  
Staff recommends the Board authorize the Chairman to execute the necessary  
agreements, after review and approval by the County Attorney as to form and legal  
sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
24-0099  
8.Q.  
Approval of Continuing Architectural Consulting Services Rates  
Recommended Action:  
Staff recommends the Board approve the hourly rates attached for the listed firms,  
and authorize the Chairman to execute agreements with those firms after review and  
approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Combined rates - second agenda  
Approved staff's recommendation  
24-0037  
24-0038  
8.R.  
8.S.  
Children’s Services Advisory Committee’s Annual Report, FY 2022-2023  
Attachments: Staff Report  
CSAC Annual Report FY22-23  
Approved staff's recommendation  
Updated Guidebook for The Children’s Services Advisory Committee  
Attachments: Staff Report  
BCC Resolution 2024 Updated CSAC Guidebook  
CSAC Guidebook  
Commissioner Moss thanked staff for their work in updating the Children's' Services  
Advisory Committee (CSAC) Guidebook, and noted the addition of professional  
development classes available to anyone in the non-profit sector.  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to approve staff's recommendation, and Resolution 2024-004, adopting  
the Guidebook for the Children's Services Advisory Committee. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0039  
8.T.  
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  
24-0040  
8.U.  
2024-2027 Children’s Services Advisory Committee’s Needs Assessment  
Recommended Action:  
Staff recommends the Board accept the Children’s Services Advisory Committee’s  
2024-2027 Needs Assessment, as submitted.  
Attachments: Staff Report  
DRAFT Needs Assessment 2024  
Approved staff's recommendation  
Children's Services Advisory Committee's Recommendation of Request for Proposal,  
Grant Application and Agency Grant Contract for FY 2024-2025  
24-0041  
8.V.  
Recommended Action:  
Staff recommends that the Board accept the RFP, the Grant Application and the  
Agency Grant Contract for FY 2024-2025 as submitted, and authorize the County  
Administrator to execute the individual contracts after review and approval by the  
County Attorney  
Attachments: Staff Report  
Grant Application  
Request For Proposal  
Grant Proposal Eval Rubric  
Grant Contract FY24  
Approved staff's recommendation  
24-0085  
8.W.  
Amendment No. 1 - FDEP Grant Agreement No. 21IR1 (Vero Beach Restoration -  
Beach Management Sector 5)  
Recommended Action:  
Staff recommends the Board approve FDEP Amendment No. 1 to FDEP LGFR  
Grant Agreement No. 21IR1 and authorize the Chairman to sign the Amendment on  
behalf of the County. Following Board approval, the County will transmit the partially  
executed Amendment to the State for final signatures. Upon receipt of the fully  
executed FDEP Grant Agreement 21IR1 Amendment No. 1 from the State, staff will  
transmit to the Clerk to the Board of County Commissioners for filing.  
Attachments: Staff Report  
FDEP Grant Agreement 21IR1  
Approved staff's recommendation  
24-0086  
8.X.  
Amendment No. 4 - FDEP Grant Agreement No. 17IR2 (Wabasso (Indian River  
Sector 3) Beach Restoration)  
Recommended Action:  
Staff recommends the Board approve FDEP Amendment No. 4 to FDEP LGFR  
Grant Agreement No. 17IR2 and authorize the Chairman to sign the Amendment on  
behalf of the County. Following Board approval, the County will transmit the partially  
executed Amendment to the State for final signatures. Upon receipt of the fully  
executed FDEP Grant Agreement 17IR2 Amendment No. 4 from the State, staff will  
transmit to the Clerk to the Board of County Commissioners for filing.  
Attachments: Staff Report  
FDEP Grant Agreement 17IR2 A4  
Approved staff's recommendation  
23-1157  
8.Y.  
United Way Pickleball Tournament License Agreement  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
License Agreement with United Way of Indian River County Inc. and authorize the  
Chairman to execute the agreement after review and approval for legal sufficiency by  
the County Attorney.  
Attachments: Staff Report  
United Way License Agreement draft  
United Way Exhibit A  
Exhibit B - UWIRC Fee Schedule  
Approved staff's recommendation  
23-1159  
8.Z.  
Modification of Contract #H0259 between Indian River County and the Florida  
Division of Emergency Management  
Recommended Action:  
Staff respectfully request that the Board of County Commissioners accept the  
Modification to Sub-grant Agreement Between the Division of Emergency  
Management and Indian River County, Contract Number H0259, and authorize the  
Chairman to execute the Modified Sub-grant Agreement, Contract Number H0259,  
after review and approval by the County Attorney.  
Attachments: Staff Report  
Sub-Recipient Agreement  
Approved staff's recommendation  
24-0095  
8.AA.  
State of Florida, Florida Fish and Wildlife Conservation Commission - FWC  
Agreement - Triple N Ranch and Indian River County Expansion Project Grant  
Agreement  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners review and  
approve the Draft FWC Recipient/Subrecipient Agreement and authorize the  
Chairman to execute the Triple N Ranch and Indian River County Expansion Project  
Recipient/Subrecipient Agreement after non-substantive data (including the grant  
award number) is added and with the final review and approval by the County  
Attorney. Staff also requests authorization for the Deputy County Administrator or  
his designee to execute non-substantive grant documentation, reimbursements, and  
amendments as needed under the grant agreement.  
Attachments: Staff Report  
FWC Grant Agreement  
FWC Grant Form  
Approved staff's recommendation  
24-0068  
8.AB.  
Consideration of Revised Indian River County Local Housing Assistance Plan for  
Fiscal Years 2024-2025, 2025-2026, and 2026-2027  
Recommended Action:  
Staff and the Affordable Housing Advisory Committee recommend that the Board of  
County Commissioners approve the new Indian River County Local Housing  
Assistance Plan by adopting the proposed resolution and authorizing the Chairman to  
sign the certification page.  
Attachments: Staff Report  
SHIP Program Funds & Applicant Income Info  
LHAP with all exhibits  
Resolution  
Plan Certification  
Commissioner Loar opened discussion with a request for consideration to allow  
mobile homes to qualify for SHIP (State Housing Initiatives Partnership) funds to  
make emergency repairs.  
Chris Balter, Chief of Long Range Planning, spoke on the County's proposed new  
Local Housing Assistance Plan (LHAP), which included the SHIP programs, and was  
required to be filed with the State every three years. Discussion ensued between the  
Board and staff regarding the process to include mobile homes in SHIP funding, and  
the types of structural repairs which would be covered.  
Chairman Adams clarified Commissioner Loar's request to add mobile homes to the  
emergency repair program only. Chief Balter confirmed there was time to make  
changes, as the LHAP filing deadline was in May. Chairman Adams suggested staff  
bring the matter before the Affordable Housing Advisory Committee before returning  
before the Board at the February 20, 2024 regular meeting.  
A motion was made by Commissioner Loar, seconded by Commissioner Moss, to  
table the Item until the February 20, 2024 regular meeting. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0079  
8.AC.  
Approval of a Public Transportation Grant Agreement (PTGA) with the Florida  
Department of Transportation (FDOT) for a Public Transportation Block Grant  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Public  
Transportation Grant Agreement and adopt the resolution authorizing the Chairman to  
sign the agreement.  
Attachments: Staff Report  
Grant Agreement  
Budget Form  
Resolution  
Approved staff's recommendation and Resolution 2024-005, authorizing the  
execution of [a] Public Transportation Agreement with the Florida Department of  
Transportation.  
24-0083  
8.AD.  
Amendment No. 2 to the Agreement for Professional Services for Emergency  
Operations Center Expansion, RFQ No. 2022062 (IRC-2302)  
Recommended Action:  
Staff recommends approving Amendment No. 2 to Agreement for Professional  
Services for Emergency Operations Center Expansion with Spiezle and requests the  
Board authorize the Chairman to execute Amendment No. 2 to the Agreement on  
their behalf for a lump sum amount of $14,375.00. The new total agreement price will  
be $84,475.00.  
Attachments: Staff Report  
Amendment No. 2  
Approved staff's recommendation  
24-0084  
8.AE.  
Change Order No. 1, 11th Drive & 37th Street Roadway and Intersection  
Improvements, IRC-2001  
Recommended Action:  
Staff recommends approving Change Order No. 1 authorizing the $202,836.28  
increase to the contract with Dickerson Infrastructure, Inc. The new total contract  
price will be $3,680,991.78.  
Attachments: Staff report  
Change Order No. 1  
Approved staff's recommendation  
23-1125  
8.AF.  
Final Pay to Atlantic Roofing II of Vero Beach, Inc., for the Central Wastewater  
Treatment Facility Roof Replacement Project  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the final to  
Atlantic Roofing II of Vero Beach, Inc., for a total of $28,846.15.  
Attachments: Staff Report  
Pay App #9 - Atlantic Roofing  
Approved staff's recommendation  
24-0096  
8.AG.  
Amendment No.1 to Work Order No.8 to Bowman Consulting Group, LTD for  
Revisions to the Department of Utility Services Water, Wastewater & Reuse Utility  
Construction Standards  
Recommended Action:  
Staff recommends that the Board of County Commissioners authorize Amendment  
No. 1 to Work Order No. 8 to Bowman Consulting Group, LTD, for additional  
revisions for the Department of Utility Services Water, Wastewater & Reuse Utility  
Construction Standards for $26,956.92 and authorize the Chairman to execute the  
same. So long as there are no changes in the dollar amount under the Work Order as  
amended, upon adequate completion of the work set forth in the Work Order, staff is  
directed to make final payment and release any retainage to Bowman Consulting  
Group, LTD, after review and approval by the Purchasing Manager and the County  
Attorney’s Office.  
Attachments: Staff Report  
Amendment No 1 Work Order No 8  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
The Chairman called a recess at 11:15 a.m., and reconvened the meeting with all  
members present, except Commissioner Earman.  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
24-0091  
10.A.1.  
County Initiated Request to Amend the 5-Year Capital Improvements Program  
and the Capital Improvements Element of the Comprehensive Plan for the Period  
of FY 2023/24-2027/28 - [LEGISLATIVE]  
Recommended Action:  
It is requested that the Board of County Commissioners, at its regular meeting  
on January 23, 2024, open the public hearing, receive public comments, if any,  
and continue the public hearing until February 6, 2024.  
Attachments: Staff Report  
Chris Balter, Chief of Long Range Planning, cited extenuating circumstances as he  
requested the public hearing be continued until the next regular Board meeting on  
February 6, 2024.  
Chairman Adams opened the public hearing for comments. There were none.  
A motion was made to continue the public hearing per staff's request.  
A motion was made by Vice Chairman Flescher, seconded by Chairman  
Adams, to continue the public hearing until the February 6, 2024 Regular  
meeting.The motion carried by the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
24-0102  
10.A.2.  
Biosolids Moratorium Extension Ordinance - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the proposed ordinance.  
Attachments: Staff Report  
Proposed Ordinance  
County Attorney Bill DeBraal provided background information on Class B  
biosolids application in Indian River County. A moratorium prohibiting the land  
application and transportation of Class B biolsolids in the County was passed on  
July 18, 2018. The moratoriums had been renewed continually, with the latest  
Ordinance expiring January 1, 2024. Attorney DeBraal requested the Board's  
approval on the Ordinance which would extend the moratorium to January 1,  
2025.  
The Chairman opened the public hearing for comments. There being none, the  
Chairman closed the public hearing.  
Commissioner Moss questioned why the moratorium could not be extended for  
longer than one year at a time. Chairman Adams informed that moratoriums  
typically lasted one year, and any longer than that would qualify as a prohibition  
which was not allowed under State legislation.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve staff's recommendation and adopt Ordinance 2024-001,  
authorizing an extension of the temporary moratorium for an additional 1  
year, or until a comprehensive review of the impact on the County’s  
ecosystem is completed, within the unincorporated areas of Indian River  
County prohibiting land application activities of Class B biosolids; providing  
for additional study and possible regulation of Class B biosolids application  
activities; providing for exhaustion of administrative remedies; and providing  
for severability, repeal of conflicting provisions, and an effective date. The  
motion carried by the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
24-0067  
10.A.3.  
Ordinance of Indian River County, Florida, Amending the Zoning Ordinance and  
the Accompanying Zoning Map for +2.0 Acres from RS-6, Single-Family  
Residential District to RMH-8, Residential Mobile Home District  
(RZON96050010-95727) [Quasi-Judicial]  
Recommended Action:  
Recommend that the Board of County Commissioners approve the proposed  
change to rezone the subject property from RS-6,Single-Family Residential to  
RMH-8, Residential Mobile Home.  
Attachments: Staff Report  
Existing Zoning Map  
Existing Future Land Use Map  
Rezoning Application  
Ordinance  
Chairman Adams introduced the parties for the proceeding as being School Street  
Apartments LLC, and Indian River County.  
Each Commissioner, as requested by the Chairman, disclosed ex parte  
communications, site visits, or independent investigations. The Commissioners  
also affirmed that they have an open mind and can base their decisions on the  
evidence presented and the applicable law. The Chairman opened the public  
hearing. The Deputy Clerk administered the Oath to all persons who wished to  
speak at the hearing.  
Cindy Thurman, Senior Planner, Long Range Planning, presented staff's analysis  
of the request to rezone approximately two (2) acres located between 54th  
Terrace and 54th Drive along 45th Street from RS-6 (Single-Family Residential)  
to RMH-8, Residential Mobile Home District.  
Geoff Barkett, Schulke, Bittle, and Stoddard, appeared before the Board on  
behalf of the applicant.  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Vice Chairman Flescher, seconded by Chairman  
Adams, to approve staff's recommendation and adopt Ordinance 2024-002,  
amending the Zoning Ordinance and the accompanying Zoning Map for ±2.0  
acres located at the terminus of 54th Drive, approximately 760 feet north of  
45th Street and approximately one quarter of a mile east of 58th Avenue;  
from RS-6, Residential Single Family to RMH-8, Residential Mobile Home; and  
providing codification; severability; and effective date. The motion carried by  
the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
B. PUBLIC DISCUSSION ITEMS  
24-0087  
10.B.1.  
Request to Speak by D. Gilliams re: Funding for Septic to Sewer Utilities at 490  
US Hwy 1, Sebastian 32958  
Recommended Action:  
No action required  
Attachments: Public Discussion Request D.Gilliams  
Damian Gilliams appeared before the Board on behalf of his business located at  
490 US Highway 1, Sebastian. Mr. Gilliams recounted the steps he took to try  
and connect to the County's sewer system, which was never achieved. He  
appealed to the Board for financial assistance with recent septic system issues.  
Chairman Adams confirmed the Board had received the documents submitted,  
and explained it was at a Commissioner's discretion to bring a discussion item  
back before the Board as an actionable Agenda item.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
24-0090  
11.A.  
Joint Meeting - City of Fellsmere and Indian River County  
Discuss and provide consensus on the agenda items listed  
Recommended Action:  
Attachments: Staff Report  
County Administrator John Titkanich informed County staff had met with the City of  
Fellsmere (City), and agreed upon the following agenda items for the upcoming joint  
County-City meeting: transportation, utilities, and stormwater.  
Chairman Adams and Administrator Titkanich entered into discussion and agreed to  
prioritize utilities and stormwater. The Administrator also discussed the presentation  
regarding plans for the County Road 512, and was made in conjunction with the  
County's MPO and FDOT (Florida Department of Transportation). Further  
discussion was had regarding details of the meeting, and the focus on defining broad  
issues of concern.  
The meeting would be held on Wednesday, January 30, 2024, in the Fellsmere Public  
School building.  
No Action Taken or Required  
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  
I. Public Works  
J. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
14. COMMISSIONERS MATTERS  
A. Commissioner Susan Adams, Chairman  
24-0101  
14.A.1.  
County Attorney Recruitment Process  
Request discussion and support.  
Recommended Action:  
Attachments: Commissioner's Memo  
[Clerk Note: This Item was heard following the Consent Agenda]  
Chairman Adams requested the Board consider beginning the search for the next  
County Attorney in light of the fact that current Attorney Bill DeBraal would be  
retiring in August of this year. County Administrator John Titkanich shared his  
experience with the executive recruitment firm his department was using.  
Commissioner Loar suggested advertising with professional legal groups for  
candidates before hiring a recruiter. Commissioner Moss expressed concern for  
handling the review process in house.  
Discussion ensued among the Commissioners regarding timing, and the need to  
define the (qualities/qualifications?) preferred for the next County Attorney.  
Chairman Adams suggested having the Board work with Human Resources to  
refine the search criteria for distribution to professional agencies while  
simultaneously soliciting a proposal from a recruitment firm. She requested having  
the final recruitment ad brought back before the Board at the next regular meeting  
on February 6, 2024.  
Consensus was reached to have staff gather the County Attorney's job  
description and incorporate the Board's suggestions for use in advertising to  
professional legal agencies. Staff was also directed to simultaneously request  
a proposal from a professional recruiter. The final job search advertisement  
would be brought before the Board for their approval at the next regular  
meeting on February 6, 2024.  
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  
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. Following Item 15.B.1., the Board of  
Commissioners adjourned the Solid Waste Disposal District meeting and reconvened  
as the Board of County Commissioners of the regular meeting, continuing with Item  
10.A.1.  
A. Emergency Services District  
B. Solid Waste Disposal District  
24-0107  
15.B.1.  
Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC  
Recommended Action:  
Staff recommends the SWDD Board approve Amendment No. 4 to Landfill Gas  
Agreement with Nopetro Eco District, LLC and authorize the Chairman to  
execute the agreement.  
Attachments: Staff Report Nopetro 1.23.24  
Final Agenda Amendment No. 4 to Landfill Gas Agreement SWDD to  
Nopetro - PJS 1.19.24  
Exhibit E  
Utility Services Director Sean Lieske presented the changes included in  
Amendment 4 to the Nopetro Eco District LLC (NED) Landfill Gas Agreement.  
Per the changes requested by the Board at the January 9, 2024 regular meeting,  
staff and the NED met and agreed to the following: a clarified definition of gross  
receipts/net proceeds, assignment of responsibility for certain expenses, reduction  
in the psi, and an extension of the landfill gas (LFG) Termination Date to May 31,  
2025; an agreement to finalize standard operating procedures would be  
forthcoming.  
County Administrator John Titkanich, and County Attorney Bill DeBraal detailed  
the financial scenarios in the Agreement, addressed the Board's questions, and  
discussed the risks versus the estimated returns.  
Under discussion, Vice Chairman Flescher stated he was not in favor of the final  
Agreement as it had changed into a different type of project over the last three  
revisions, and he would rather let the contract go than proceed. Chairman Adams  
and staff discussed the offset costs, as well as the financial and environmental  
gains for the County.  
Representatives from the NED appeared before the Board to expound on the  
evolution of the project and answer questions regarding the financing of the  
Renewable Natural Gas (RNG) production plant. During this discussion, it was  
revealed the contract between NED and Symbiont (the plant's engineering firm)  
was fully bonded; Attorney DeBraal confirmed this meant the facility which would  
convert LFG to RNG was insured to be completed. Further discussion ensued  
regarding the wording of the contract in regard to net proceeds. NED's attorney  
displayed all four (4) iterations of the Agreement to demonstrate the financial  
projections and returns to the County were unchanged; only the definitions of  
"gross", "expenses" and "net" were clarified per the Board's request at the last  
regular meeting.  
Commissioner Earman spoke in favor of this public-private partnership, noting the  
minimal risk to the County coupled with the environmental and economic gains.  
Commissioner Loar maintained concerns regarding the financing and the exhibits  
in the contract, but noted the bond was a welcome revelation.  
Tom Sullivan, County resident, received confirmation from the Board that the  
County's risk was limited to the amount of profits realized, and spoke in support  
of the project.  
A motion was made by Commissioner Earman, seconded by Chairman  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
3 - Chairman Adams, Commissioner Earman, and Commissioner Moss  
2 - Vice Chairman Flescher, and Commissioner Loar  
Aye:  
Nay:  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:52 a.m.