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  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, December 6, 2022  
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  
Dr. Wayne Smith, Master's Academy Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph E. Flescher  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Commissioner Laura Moss moved to have Item 11.A. deleted from the Agenda,  
stating the Sebastian annexation agreement had not yet been negotiated and it was too  
soon for public discussion. A brief discussion was had between the Commissioners  
as to the Item being on the Agenda as it had been sent as correspondence from the  
City of Sebastian for the purpose of discussion in anticipation of the December 2022  
City Council meeting.  
Vice Chairman Susan Adams had a procedural question and asked if there was a  
Seconder on the motion. Chairman Earman called for a Seconder, there being none  
the motion failed for lack of second.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Agenda as presented. The motion carried by the  
following vote:  
4 -  
Aye:  
Nay:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and  
Commissioner Loar  
1 - Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-1038  
5.A.  
Presentation of Proclamation Honoring Teresa Hansen on her Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Ms. Teresa Hansen was joined by fellow coworkers as she accepted the  
Proclamation. She thanked the Board for the recognition. Sheriff Eric Flowers  
presented Ms. Hansen with a gift and thanked her for her service.  
Presented by Commissioner Deryl Loar  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-1017  
7.A.  
Indian River County Venue Event Calendar Review  
This is informational only; No Board Action is required.  
Recommended Action:  
Attachments: Event Calendar  
Chairman Joe Earman commented that the Recreation Department had a full calendar  
for the month of December and the information could be found on the County  
website.  
No Action Taken or Required  
22-1033  
7.B.  
2023 Committee Assignments by Commissioner  
Informational only  
Recommended Action:  
Attachments: Committee Assignments Memo  
There was no discussion on this Item.  
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  
22-0516  
8.A.  
Central Wastewater Treatment Facility Odor Control Improvements, CCNA Work  
Order No. 8 With Atkins  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order  
No. 8 with Atkins, in the amount of $129,149, for professional technical services  
associated with the design of an odor control facility for the Central Wastewater  
Treatment Facility sludge holding tank  
Attachments: Staff Report  
Work Order No 8 CWWTF Odor Control Improvements  
Approved staff's recommendation  
22-0995  
8.B.  
Review of the Affordable Housing Advisory Committee 2022 Incentives Review and  
Recommendation Report  
Recommended Action:  
Staff and the Affordable Housing Advisory Committee recommend that the Board of  
County Commissioners approve the 2022 AHAC Incentives Review and  
Recommendation Report, and direct staff to submit a copy of the report to the FHFC  
for review by December 31, 2022.  
Attachments: Staff Report  
DRAFT 2022 AHAC Report  
Approved staff's recommendation  
22-1006  
8.C.  
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  
Resolution  
Block Grant - PTGA  
Grant Budget Form  
Approved staff's recommendation and Resolution 2022-092 authorizing the  
execution of a public transportation grant agreement with the Florida  
Department of Transportation.  
22-1016  
8.D.  
Acceptance and Approval of Modification #1 of Emergency Management Program  
Grant (EMPG) Federally-Funded Subgrant Agreement; Agreement Number G0371  
Recommended Action:  
Staff recommends approval of Modification #1 for the Federally-Funded Subgrant  
Agreement (G0371) between Indian River County Emergency Management and the  
State of Florida, Division of Emergency Management.  
Attachments: Staff Report  
Modification #1-EMPG  
Approved staff's recommendation  
22-1021  
8.E.  
Annual Resolution Delegating the Authority to the County Administrator or his  
designee, to execute Resolutions Calling Letters of Credit as Necessary during a  
Declared State of Local Emergency or Declared State of Florida Emergency  
Affecting Indian River County  
Recommended Action:  
Adopt the resolution delegating authority to the County Administrator, or his designee,  
to execute resolutions calling letters of credit as necessary during a declared state of  
local emergency or declared State of Florida emergency affecting Indian River County  
from December 6, 2022 through December 31, 2023.  
Attachments: Staff Report  
Resolution  
Approved staff's recommendation and Resolution 2022-093, delegating the  
authority to the County Administrator or his designee, to execute resolutions  
calling letters of credit as necessary during a declared State of Local Emergency  
or declared State of Florida Emergency affecting Indian River County; rescinding  
Resolution No. 2021-80 effective December 6, 2022; and providing an effective  
date.  
22-1022  
8.F.  
Annual Resolution re Delegation of Authority Concerning Declarations of State of  
Local Emergencies and to Act in a State Declared Emergency Affecting Indian River  
County  
Recommended Action:  
Adopt the resolution delegating authority to the County Administrator, or his designee,  
to declare states of local emergencies and to act in a state declared emergency  
affecting Indian River County effective from December 6, 2022 through December  
31, 2023.  
Attachments: Staff Report  
Delegation of authority for declaration of emergencies  
Approved staff's recommendation and Resolution 2022-094, delegating authority  
to the County Administrator to declare States of Local Emergencies and to act in  
a State of Florida declared emergency affecting Indian River County; rescinding  
Resolution No. 2021-79 effective December 6, 2022; and providing an effective  
date.  
22-1023  
8.G.  
Appointment to the Economic Opportunities Council of Indian River County, Inc.  
Recommended Action:  
The County Attorney recommends that the Board appoint Nancy McCurry to the the  
Economic Opportunities Council of Indian River County, Inc.  
Attachments: Staff Report  
N. McCurry Approval Letter  
Approved staff's recommendation  
22-1024  
8.H.  
Annual Resolution re Signatories  
Recommended Action:  
Adopt the resolution and authorize the newly selected Chairman as well as the Clerk  
to sign the resolution and the respective Certificate of Facsimile Signature; and to  
instruct the Clerk to the Board of County Commissioners to transmit to the  
Department of State each original Certificate of Facsimile Signature which bears the  
original manual signatures of those Indian River County officers authorized to use  
facsimile signatures in lieu of manual signatures  
Attachments: Staff Report  
2022 RESO annual signatories  
Certificate For Facsimile Signature - Chairman Earman  
Certificate For Facsimile Signature - Clerk JSmith  
Approved staff's recommendation and Resolution 2022-095 directing depositories  
of County funds to honor certain authorized signatures on County checks,  
warrants, and other orders for payment; providing for Board of County  
Commissioners and Clerk of the Circuit Court signatories; rescinding Resolution  
no. 2021-081 which speaks to authorized signatures on County checks, warrants,  
and other orders for payment; and providing an effective date.  
22-1025  
8.I.  
Unincorporated Indian River County Lagoon ArcGIS Nitrogen Load Estimation Tool  
(ArcNLET) Model, Tetra Tech, Inc., Work Order No. 12  
Recommended Action:  
Staff recommends the Board of County Commissioners (BCC) approve Tetra Tech,  
Inc., Work Order No. 12 in the amount of $45,867.00 for professional engineering  
support services associated with the development of an unincorporated Indian River  
County ArcNLET model. In addition, staff recommends that the BCC authorize the  
Chairman to execute Work Order No. 12  
Attachments: Staff Report  
Tetra Tech Inc Work Order No 12  
Approved staff's recommendation  
22-1031  
8.J.  
Acceptance of Land Trust and St. Johns River Water Management District  
Conservation Easements  
Recommended Action:  
The County Attorney’s Office recommends the Board approve the acceptance of the  
two attached Grant of Conservation Easements.  
Attachments: Staff Report  
Ryall Sebastian SJRWM Conservation Easement  
IRLT-IR County Conservation Easement  
Approved staff's recommendation  
22-1032  
8.K.  
FY 2021-2022 Records Management Compliance Statements  
Recommended Action:  
It is recommended that the Chairman be authorized to sign the Records Management  
Compliance Statements for Fiscal Year 2021-2022.  
Attachments: Memo  
BOCC Compliance Statement  
EMS Compliance Statement  
SWDD Compliance Statement  
Approved staff's recommendation  
22-1034  
8.L.  
Resolutions Cancelling Taxes  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolutions 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 Resolutions to the Tax Collector and the Property Appraiser so that any  
delinquent or current taxes can be cancelled.  
Attachments: Staff Report  
Resolution Cancelling Taxes - IRC Habitat for Humanity  
Resolution Cancelling Taxes - 12th St - Sowell  
Approved staff's recommendation and Resolution 2022-096 canceling certain  
taxes upon publicly owned lands, pursuant to section 196.28, Florida Statutes and  
Resolution 2022-097 canceling certain taxes upon publicly owned lands, pursuant  
to section 196.28, Florida Statutes.  
22-1036  
8.M.  
Central Wastewater Treatment Facility FDEP Permit Renewal  
Recommended Action:  
It is staff’s recommendation that the Board of County Commissioners approve MBV  
Engineering, Inc.’s proposed Engineer’s Project Work Order #27 in the amount of  
$36,750.00 to prepare and submit the Central Wastewater Treatment Facility permit  
renewal package, and authorize the Chairman to execute the work order  
Attachments: Staff Report  
MBV Proposal - Work Order #27  
Approved staff's recommendation  
22-1037  
8.N.  
Change Order 2 to TLC Diversified, Inc., for the South Water Treatment Plant  
Membrane and Retrofit Project  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the change  
order in the amount of $150,020.17, leaving a revised total agreement with TLC  
Diversified, Inc., in the amount of $11,296,158.08 and authorize the Chairman to  
execute the change order on their behalf  
Attachments: Staff Report  
Change Order 2  
Approved staff's recommendation  
22-1040  
8.O.  
Tetra Tech Work Order No. 11 - Water Supply Facilities Work Plan  
Recommended Action:  
Staff recommends that the Board of County Commissioners authorize Work Order  
Number 11 to Tetra Tech, Inc., to complete the study for the amount of $43,469.00,  
and authorize the Chairman to sign on their behalf  
Attachments: Staff Report  
Work Order No 11 Tetra Tech Inc  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE  
CLERK TO THE BOARD.  
A. PUBLIC HEARINGS  
22-1012  
10.A.1  
Consideration of Brattain Property of Indian River County LLC’s Request for  
Land Development Regulation (LDR) Amendments to Sections 901.03, 911.10,  
and 971.13 to Allow Automobile Parking and Storage in the PRO, OCR, MED,  
CN, and CL Zoning Districts [LDRA-21-09-01 / 2003060269-90131]  
(Legislative)  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the proposed  
automobile parking ordinance.  
Attachments: Staff Report  
Draft Ordinance  
Chief of Current Development Ryan Sweeney, using a PowerPoint presentation,  
provided a brief background on the Land Development Regulation (LDR)  
Amendment allowing automobile parking and storage in the PRO, OCR, MED,  
CN, and CL Zoning Districts. Mr. Sweeney stated the proposed Ordinance  
required Planning and Zoning Commission (PZC) approval, and he identified  
seven (7) specific land use criteria: 1) Required all parking and storage areas to  
be paved (asphalt or concrete), and must meet dimensional criteria; 2) Prohibits  
parking or storing commercial vehicles, boats, or RVs; 3) Prohibits commercial or  
“pay-to-park” facilities; 4) Required a lighting plan and appropriate shielding; 5)  
Required a Type “C” buffer and 3’ tall opaque feature between the parking area  
and any residentially designated properties; 6) Required all standard perimeter  
buffers apply to all other project perimeters, and 7) Required a remote or  
freestanding site that serves an adjacent site to be connected via an existing or  
proposed sidewalk/pedestrian system. He informed the Board the PZC at their  
September 22, 2022 meeting voted (5-0) to recommend the Board of County  
Commissioners adopt the proposed Ordinance.  
The Chairman opened the public hearing.  
Joseph Paladin, Black Swan Consulting, spoke before the Board as a  
representative of his client, Brattain Property of Indian River County, LLC, who  
had worked with staff and had agreed to all the required accommodations. He  
commented this project would be an asset to the community and he would be  
involved in the project to the very end.  
There being no further comments, the Chairman closed the public hearing.  
County Attorney Dylan Reingold clarified this was a change to the LDR and not  
one property owner, noting it would affect all five districts.  
The Commissioners each weighed in on the proposal with Commissioner Laura  
Moss stating her objection stood as it had for previous requests.  
Vice Chairman Susan Adams supported the project and received clarification  
from Community Development Director Phil Matson that the parking lots would  
not be dirt lots and would be paved parking lots requiring infrastructure,  
stormwater, landscaping, and striping.  
Chairman Joe Earman and Commissioner Deryl Loar commented they were in  
favor of the project.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to adopt Ordinance 2022-014, amending section 901.03 (Definitions  
in alphabetical order) of Chapter 901 (Definitions), Section 911.10  
(Commercial Districts) of Chapter 911 (Zoning), and creating Section 971.13(6)  
(Automobile Parking and Storage) within Chapter 971 (regulations for specific  
land uses) of the Code of Indian River County; providing for conflict and  
severability; providing for codification; and providing for an effective date.  
The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and  
Commissioner Loar  
1 - Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
22-1019  
10.B.1  
Request to Speak from Bill Rigby re: First Amendment and Due Process  
No Action Required  
Recommended Action:  
Attachments: Public Discussion Request B. Rigby 12.6.22  
Mr. Bill Rigby appeared before the Board on behalf of the West Wabasso  
Progressive Civic Club. He stated that he believed his first amendment rights to  
petition the Board had been violated by the Board and staff for interfering and  
suppressing his point of view in previous appearances. Mr. Rigby again  
expressed frustration that nothing was being done to improve the Wabasso  
community.  
Chairman Joe Earman disagreed that any civil or first amendment rights had been  
violated due to the fact that Mr. Rigby was able to come to the meetings and  
express his concerns and opinions. Chairman Earman invited Mr. Rigby to come  
to his office anytime with any concerns he may have and would also make himself  
available to attend any meeting along with Mr. Rigby to find solutions for the  
Wabasso community.  
No Action Taken or Required  
22-1042  
10.B.2  
Request to Speak from Gifford H. Hampton re: New Golf Course  
No action required  
Recommended Action:  
Attachments: Public Discussion Request G. Hampton  
Mr. Gifford Hampton, came before the Board to request the County look into  
developing a new golf course facility, as he felt the Sandridge Golf Course was  
becoming very crowded. Mr. Hampton also stated he would like to see a stop  
light at 65th Street and US Hwy-1 to eliminate the traffic issues experienced at  
this intersection.  
Assistant County Administrator Mike Zito responded to Mr. Hampton that there  
had not been any discussion or future plans for an additional golf course. He  
stated Sandridge Golf Course had managed the capacity well and was focused on  
internal expansion by adding a state-of-the-art clubhouse and managing the  
current volume of just over 100,000 rounds a year. He stated it would be worth  
the discussion, but there were no future plans to expand at this time.  
Commissioner Joseph Flescher discussed traffic lights and addressed the fact that  
a warrant for traffic signals was not as simple as moving lights from one  
intersection to another. He added the Florida Department of Transportation  
(FDOT) requires a traffic analysis to consider placement along with a huge  
investment for installation.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
22-0996  
10.C.1.  
Notice of Public Hearing Scheduled for December 13, 2022 Board Meeting for a  
County Initiated Request to Amend the 5 Year Capital Improvements Program  
and Supporting Data and Analysis of the Capital Improvements Element of the  
Comprehensive Plan. [Legislative]  
Recommended Action:  
The above referenced public hearing item is provided for the Board’s information.  
No action is needed at this time.  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
22-1015  
10.C.2.  
Public Notice of Public Hearing for December 13, 2022, to Consider a  
Resolution Electing to Use the Uniform Method for the Levy, Collection and  
Enforcement of Non Ad Valorem Assessments for Street Paving in the Oslo Park  
Area  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
22-1020  
10.C.3  
Public Notice of Public Hearing for December 13, 2022, to Consider an  
Ordinance Authorizing an Extension of the Temporary Moratorium for an  
Additional 1 Year with regard to Class B Biosolids  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
22-1039  
11.A  
Update Regarding Proposed Sebastian Annexation Agreement  
Recommended Action:  
Staff recommends that the Board discuss the proposed annexation agreement and  
provide direction to staff on the proposed Graves Brothers Annexation into the City  
of Sebastian  
Attachments: Staff Report - Annexation Agreement  
DRAFT Graves Brothers Annexation Agreement  
Annexation Agreement Comments  
Chairman Joe Earman opened the Item stating it would be for discussion only, due to  
contention from representatives of the City of Sebastian (City) who argued the draft  
agreement should not have been placed on the Agenda until after the Annexation  
Agreement had been negotiated at their City Council meeting on December 14, 2022.  
County Administrator Jason Brown explained the City Attorney had provided a copy  
of the draft annexation agreement to County Attorney Dylan Reingold. This draft  
agreement was shared with staff with the understanding that the City was close to a  
final agreement. Administrator Brown stated the City had asked not to have this  
discussion, however, this would be the last opportunity to receive any direction from  
the County. He further stated this was not the County trying to interfere with the City,  
but regarded the County’s interest in the provision of water, sewer, and transportation  
services to the area. Chairman Earman stated it was important for the City and the  
County to succeed with the infrastructure with regard to utilities, county roadways,  
and emergency services which would be affected by this agreement. Further  
conversation was had between the Board and staff regarding the draft agreement and  
the potential impact on the County.  
The following speakers expressed their views on the Board's involvement in the  
process of placing the draft annexation agreement on the Agenda. Additional remarks  
were made by the Board and staff during each speaker’s comments.  
City Manager Paul Carlisle stated the document was still under review and in  
negotiation with the land owner. The City was more than willing to work with County  
staff, and that County Planners and Administration had not been adversarial and did  
not anticipate it going that way. He stated that he had asked for the Item to be pulled  
from the Agenda because it was not a final document and he did not want the Board  
to make a decision or making comments on a document that was not final.  
City Council Member Ed Dodd contended the County was pulling a stunt by placing  
the item on the agenda at this time.  
City Council Member Bob McPartlan made analogous comments to Mr. Carlisle and  
Mr. Dodd's remarks regarding the draft agreement being on the Agenda. He pointed  
out the hyperlink on the online Agenda did not refer to it as a “draft” document.  
Administrator Brown apologized for the error and stated the document itself had a  
draft watermark all throughout the document and he would have the hyperlink  
corrected.  
No Action Taken or Required  
12. DEPARTMENTAL MATTERS  
A. Community Development  
22-0978  
12.A.1  
Request for Authorization to Secure a Pool Located at 560 Stoney Brook Farm  
Court, Vero Beach, FL 32968  
Recommended Action:  
Staff recommends Alternative 2, that the Board of County Commissioners direct  
staff to seek a court order to allow staff access to the subject property to secure  
the pool, authorizing the County’s employees, servants, agents, or contractors to  
enter upon the Suncor Vero Beach, LLC property located at 560 Stoney Brook  
Farm Court at all reasonable times, fill-in the pool, and erect a 4-foot high, black  
aluminum fence around the entirety of the pool.  
Attachments: Staff Report  
Photos of the subject property and pool  
Minutes from 10.24.22 CEB Meeting  
Rebecca Guerra, Chief of Code Enforcement and Environmental Planning,  
presented remediation on a long-standing issue regarding property located at 560  
Stoney Brook Farm Court. Ms. Guerra used a PowerPoint presentation to show  
aerial photos taken in 2020 and 2021 of the swimming pool in violation. She  
stated as of October 2022, the property had not changed. On October 24,  
2022, the Code Enforcement Board (CEB) authorized staff to proceed with  
foreclosure proceedings and to seek a solution for the unmaintained and  
unsecured nature of the pool. On November 8, 2022, the Board authorized staff  
to move forward with outside counsel to file foreclosure. Ms. Guerra referenced  
Florida Statute 162.091 which authorized the CEB to take action, and remediate  
as necessary the Florida Residential Swimming Pool Safety Act which requires  
pool safety measures for all pools built after October 1, 2000. Ms. Guerra  
sought direction to seek a court order to enter the property and resolve the  
swimming pool safety and maintenance issues by filling in the pool and erecting a  
fence. She anticipated an estimated cost of $12,000, which would be available  
through a budget amendment from the MSTU/Reserve for Contingency account.  
Ms. Guerra stated the current Code Enforcement fines on the property were in  
the amount of $120,670.  
County Attorney Dylan Reingold confirmed, in response to a question by  
Commissioner Flescher, the primary issue was not to recover the $12,000, but to  
ensure no one gets injured on this property.  
Tom Sullivan, a County resident, commented that this felt like déjà vu and that the  
issue should have been settled months ago when Joe Paladin had represented the  
owner of the property to have the issue resolved after the November 8, 2022  
meeting. Mr. Paladin confirmed he was the representative for the property owner.  
Responding to a series of questions posed by Mr. Sullivan, Commissioner  
Flescher explained that you cannot just go onto someone’s property and build a  
fence. He agreed the property owner had a representative who was going to  
facilitate the process of having the situation fixed. This was not done, which  
resulted in a more delays and the reason why it was back on the agenda to be  
resolved.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to direct staff to seek a court order to allow staff access to the subject  
property to secure the pool, authorizing the County’s employees, servants,  
agents, or contractors to enter upon the Suncor Vero Beach, LLC property  
located at 560 Stoney Brook Farm Court, fill-in the pool, and erect a 4-foot  
high fence around the pool. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
22-1029  
12.E.1  
Website Publication of Legal Notices  
Recommended Action:  
Staff recommends the Board continue to follow the established process of  
advertising legal notices via a local newspaper and continue posting those notices  
to the County’s website. Staff does not recommend implementing a process to  
advertise legal notices exclusively via the County’s website as this has the  
potential to drastically increase the costs of these advertisements given the  
provision in the new legislation that allows for residents to request that each notice  
be mailed to them individually.  
Attachments: Staff Report  
Information Technology Director Dan Russell presented a follow-up on the  
Board’s request for additional information concerning publishing legal notices and  
or official advertisements via the County’s website. His memo dated November  
22, 2022, outlines the Florida House Bill 7049 which revises requirements for  
publishing legal notices. Mr. Russell detailed the cost of advertising legal notices  
in the newspaper versus the cost of mailing those same notices. The total cost for  
legal notices published in the newspaper during the last fiscal year was $7,647.15,  
with an average cost of $173.80 per advertisement. He stated the County’s cost  
to mail each notice to just 1% of the county’s population would escalate the cost  
to $2,982.03 compared to the cost of $173.80 for advertising the same notice in  
the newspaper. He then outlined the fee for publishing legal notices on the  
County’s website at a cost of $35.00 per page. Mr. Russell’s recommendation  
was to continue the established process of advertising legal notices via the local  
newspaper and to continue posting those notices on the County website.  
County Attorney Dylan Reingold commented he had attended the mid-year  
Florida Association of County Attorneys Continuing Education Seminar and  
stated most counties had done the same research and had reached the same  
conclusion.  
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  
The Chairman called for a recess at 10:52 a.m. and reconvened at 11:02 a.m. with all  
members present.  
F. Office of Management and Budget  
22-0998  
12.F.1.  
Local Assistance and Tribal Consistency Fund (LATCF)  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve allocating  
the $100,000 in LATCF funding towards the addition of a Planner I in the  
Environmental Planning and Code Enforcement Division. After the LATCF  
funding is exhausted, the MSTU Fund will fund the ongoing cost of the additional  
position.  
Attachments: Staff Report  
Agreement - LATCF  
Management and Budget Director Kristin Daniels reported the American Rescue  
Plan was awarded two (2) billion dollars to provide for any expenses covering  
general government services to eligible revenue-sharing counties and tribal  
governments. Ms. Daniels stated under this new funding source, Indian River  
County’s Local Assistance and Tribal Consistency Fund (LATCF) appropriation  
was $100,000 dollars with $50,000 already received and the remaining $50,000  
to be dispersed in 2023. Due to the increased need for staffing in the  
Environmental Planning and Code Enforcement Divisions, Ms. Daniels proposed  
these funds be used to hire one full-time Planner at the annual cost of $88,096.  
After that, the position would be budgeted in the Municipal Service Taxing Unit  
(MSTU) which would be paid for by ad valorem tax proceeds.  
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  
22-1028  
12.F.2  
American Rescue Plan Act - Spending Plan Revisions  
Recommended Action:  
Staff recommends that the Board consider the proposed spending plan revisions  
(see attachment) as further detailed above totalling $2,506,413, consider any  
changes, and approve the attached plan, with any amendments as needed.  
Attachments: Staff Report  
ARP Proposed Spending Plan  
Management and Budget Director Kristin Daniels stated the County had received  
$31,063,168 from the American Rescue Plan (ARP) COVID-19 stimulus  
package. This funding was to be encumbered by the end of 2024 and fully  
exhausted by the end of 2026. Last year, the Board approved the Non-Profit  
Assistance Program as well as the Small Business Development Grant Program.  
She stated those two programs have sunset and all eligible applications have been  
funded leaving a remaining balance of $883, 813. In addition, there was  
$1,472,600 from the Fellsmere Inn project, which had been determined to be not  
viable. Ms. Daniels was requesting that the $2,506,413 of unspent funds be  
allocated toward road resurfacing. The current funding source for road  
resurfacing was the gas tax, but with more electric cars on the road, the gas tax  
would no longer be able to support the road resurfacing needs.  
Under discussion, Commissioner Moss stated she was in favor of the road  
resurfacing but inquired whether some of this funding could be used for the  
installation of traffic lights. Ms. Daniels responded that the County could use up  
to $10,000,000 of the allocation to supplant lost revenue.  
Public Works Director Rich Szpyrka stated the 4-legged intersection (a  
crossroad where two roads meet) recently installed on 66th Ave was around  
$800,000. He stated the County could put a signal anywhere, but the question  
was whether would it help and was it warranted from an engineering standpoint.  
Director Szpyrka responded to Vice Chairman Adams question that  
approximately fifteen (15) miles of road could be resurfaced with $2.9 million.  
He stated there was a process to vet which intersections needed streetlights and  
the County needed to move forward with the road resurfacing due to the time  
restrictions to allocate and expend the ARP funds.  
Community Development Director Phil Matson stated the Metropolitan Planning  
Organization (MPO) receives federal money for comprehensive studies on  
intersection safety that could be combined with the data the Public Works  
Department collects.  
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  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
22-1013  
13.A  
Off Leash Beach Dog Park Update  
Recommended Action:  
The County Attorney’s Office recommends that the Board provide guidance on how  
to move forward on allowing dogs off leash at a County beach park.  
Attachments: Staff Report  
County Attorney Dylan Reingold stated on October 4, 2022, the Board directed staff  
to study the issue of turning Ocean Park into an off-leash dog park and to reach out  
to the Town of Indian River Shores (Town) since the parks on the list were located  
within the Town. Attorney Reingold stated in order to use a location within the  
unincorporated area of Indian River County, the Board would have to make a change  
to the Indian River County Code of Ordinance Section 302.05 allowing for dogs off  
leash or without restraint. Attorney Reingold sought guidance from the Board to  
continue to move forward with studying the issue. Commissioner Deryl Loar stated  
that from the information the Commissioners had received, the public had clearly  
spoken on this issue and to not have staff continue to study the issue. Additional  
discussion ensued with each Commissioner adding their comments either for or  
against staff continuing with the study.  
Tuck Ferrell, a resident of Ambersands Beach, recounted his experience where he  
had to defend himself at least twice with off-leash/unrestrained dogs. Along with the  
concern about dog waste affecting sea turtles, he was not in favor of the proposed  
Ordinance.  
Kim Salman, a resident, made comments in favor of an off-leash park as most  
residents were responsible dog owners and felt this had been blown out of  
proportion. Ms. Salman sought clarification for the Indian River Shores Beach being  
designated as a dog beach if you had a permit. She pointed out the only access to the  
beach was the boardwalk which clearly states no dogs were allowed. Attorney  
Reingold responded that within a County Park, no dogs were allowed, therefore you  
were not allowed to use the park as access to the beach.  
Jeannie Sole, a resident, was not against dogs being on the beach, but expressed  
concerns for the sea turtle hatchlings and sea birds.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to have staff no longer investigate the issue. The motion carried by the following  
vote:  
3 - Commissioner Flescher, Commissioner Loar, and Commissioner Moss  
2 - Chairman Earman, and Vice Chairman Adams  
Aye:  
Nay:  
22-1026  
13.B  
Government in the Sunshine Law Update  
Attachments: Staff Report  
County Attorney Dylan Reingold presented the two different concepts with regard to  
the Sunshine Law that applies to the Board meetings and Public Records law which  
provides the rights of access to the public to be able to view what the government  
was doing. He went on to explain the Sunshine Law has three (3) basic requirements:  
1) notice; 2) opportunity for the public to attend; and 3) minutes of the meeting. He  
then explained why all three were critical in order for a full, fair, and open opportunity  
for the public to be informed. The definition of public record was extremely broad  
and was defined under Florida Law as meaning any documents papers, letters, maps,  
books, tapes, photographs, films, sound recordings, data processing software, or  
other material regardless of physical form, characteristics of means, transmission, or  
metadata. He stated the Attorney General’s office produces the Sunshine Law  
Manual every year which is available free online at the Attorney General’s website.  
Chairman Earman sought and received clarification of a public record request when  
the item was requested by someone outside of the organization or when it was  
created by the organization. Attorney Reingold clarified that public records law was a  
two-way issue. If it was made or received by the governmental entity, it was a public  
record.  
No Action Taken or Required  
22-1035  
13.C  
Resolution for Adoption of Administrative Fee for Extensions/Modifications to  
Contracts for Required Roadway Improvements Under Section 312.11 Section  
312.11 (Performance Security) of the Indian River Code of Ordinances  
Recommended Action:  
County staff recommends that the Board approve the draft Resolution setting the  
administrative fee in the amount of $660 for contract extensions/modification for  
required roadway improvements.  
Attachments: Staff Report  
Proposed Resolution for Extension of Contracts  
Resolution 2005-041  
Resolution 2019-089  
Assistant County Attorney Susan Prado stated in the interest of consistency across all  
processes, staff had proposed a change to Section 312.11 (Performance Security) of  
Chapter 312 (Rights of Way) of the Indian River Code of Ordinances (the Code).  
She stated the proposed change would allow for the same administration fee of $660  
for contract extensions and/or modifications for required subdivision improvements to  
be applied to contract extensions and/or modifications for required roadway  
improvements. Pursuant to Resolution 2019-89, the County Administrator or his/her  
designee was delegated authority to execute extensions to the standard Contracts for  
the Construction of Required Roadway Improvements.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation and Resolution 2022-098, setting  
administration fees for extensions of required improvements and accompanying  
cash deposit escrow agreements, if applicable. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
22-1041  
13.D  
Designated Receiving System Transportation Plan  
Recommended Action:  
The County Attorney’s Office recommends that the Chair allow for public comment  
on this matter and then have the Board vote to approve the 2022 Indian River County  
Transportation Plan.  
Attachments: Staff Report  
2017 Transportation Plan  
Proposed SEFBHN Transportation Plan  
County Attorney Dylan Reingold stated that back in the year 2017 per Florida  
Statutes, the Board adopted a Transportation Plan in collaboration with the Southeast  
Florida Behavioral Health Network which set forth the facilities which people would  
be taken to under Baker Act or the Marchman Act situations. He added, these  
facilities were the Behavioral Health Center at what is now the Cleveland Clinic, and  
also the New Horizons of the Treasure Coast in Okeechobee. Attorney Reingold  
stated the Southeast Florida Behavioral Health Network had crafted an updated  
version of the plan to be consistent with recent statutory changes adopted by the  
legislature during the last session. At the November 18, 2022 Public Safety  
Coordinating Council meeting for Criminal Justice Mental Health and Substance  
Abuse there was discussion had about updating the plan to the 2022 plan. He stated  
he was bringing this item before the Board to approve the transportation plan to  
govern these types of issues.  
Commissioner Deryl Loar stated this would be absorbed into the Sheriff’s budget as  
the Sheriffs provide transportation for the Baker Act, and he was in favor of the  
transportation plan.  
A motion was made by Commissioner Loar, seconded by Vice Chairman Adams,  
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  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
B. Commissioner Susan Adams, Vice Chairman  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
B. Solid Waste Disposal District  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:15 p.m.