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  
John A. Titkanich, Jr., County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, April 18, 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  
Deacon Wilfred Hart, Friendship Missionary Baptist Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman, Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Deleted: Item 10.B.3.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, 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  
Prior to Item 5., Chairman Earman took the opportunity to introduce the new County  
Administrator, John Titkanich, Jr. at his first Board meeting. Mr. Titkanich thanked  
the Commissioners for the warm welcome he received.  
5. PROCLAMATIONS and PRESENTATIONS  
23-0335  
5.A.  
Presentation of Proclamation Honoring Lieutenant Bruce Weimann Upon the  
Occasion of His Retirement From Indian River County Department of Emergency  
Services  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Commissioners and staff praised Lieutenant Weimann for his knowledge and  
mentorship during his 32-year career with the Department of Emergency Services.  
Fire Chief Dave Rattray, Chief Director of Emergency Services David Johnson, and  
Assistant Chief Sean Gibbons recounted the impact Lt. Weimann had in their lives  
and careers. Lt. Weimann expressed appreciation for the support he received as he  
strove to be a servant leader for the Department.  
Read and Presented by Chairman Earman  
23-0219  
5.B.  
Presentation of Proclamation Designating April 23-29, 2023, as Crime Victims'  
Rights Week in Indian River County  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Indian River County Victims’ Rights Coalition (Coalition) President Paul Zelno was  
joined by Patty Bruzzese as he received the Proclamation in recognition of Crime  
Victims' Rights Week. Mr. Zelno provided information about the Coalition and  
expressed thanks for the support received from law enforcement. He announced the  
Coalition's annual Memorial Vigil would be held on Thursday, April 28, 2023, at  
Riverside Park. Captain Joe Abollo, Indian River County Sheriff's Office, praised the  
work of advocates in assisting crime victims.  
Read and Presented by Commissioner Flescher  
23-0334  
5.C.  
5.D.  
5.E.  
Presentation of Proclamation Designating the Month of April, 2023 As Child Abuse  
Prevention Month  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Sheryl Overcash, Director of Village Operations, Hibiscus Children's Center,  
appeared before the Board and informed of the Center's programs for children who  
were victims of abuse. Joe Walsh, Exchange Club of the Treasure Coast, told of the  
Club's mission to raise and donate funds to local organizations that support prevention  
of child abuse.  
Read and Presented by Commissioner Loar  
23-0318  
Presentation of Proclamation - Designating the Week of April 23 - 29, 2023 as  
National Library Week  
Recommended Action:  
Read and Present.  
Attachments: Proclamation  
Director of Library Services Elizabeth "Betsy" Stenger accepted the Proclamation and  
presented the Board with a comprehensive review of the Library's programs and  
resources for all ages, including games, STEM carts, a maker's space, passes to the  
Museum of Art, genealogy department, technology access, research sources, and  
career online high school, as well as many groups and community gatherings. She  
closed with mention of the special programs running during National Library Week.  
Read and Presented by Commissioner Moss  
23-0252  
Presentation of Proclamation - Designating April 22, 2023 as Earth Day  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
Sue Flak, Recycling Coordinator and Marketing Director, discussed the origin and  
importance of Earth Day, which was the largest civic event in the world. Ms. Flak  
gave thanks to the Sunrise Rotary, Sustainable Events, the Treasure Coast  
Community Fridge, and other local environmental groups for their sustainability  
efforts.  
Read and Presented by Vice Chairman Adams  
23-0328  
5.F.  
Presentation by Conservation Lands Division -- Celebration of Earth Week in Indian  
River County  
Recommended Action:  
Presentation, no Board action required  
Attachments: Staff Report - Earth Week  
Conservation Lands Manager Wendy Swindell informed the Board of her  
Department's events in honor of Earth Day before introducing Beth Powell, Director  
of Parks and Recreation, who recounted the successes of the County's Scrub-Jay  
conservation efforts. She thanked staff and the volunteers who monitor and collect  
data on the Florida Scrub-Jay, as well as the Board for their support.  
Monica Folk, Wild Folk, LLC, used a PowerPoint presentation to discuss in depth  
the Scrub-Jay monitoring program in Indian River County, which led to population  
increases in the federally threatened species. Ms. Folk described and mapped the  
Scrub-Jay's habitat, monitoring activities, dedication of the Jane Schnee Scrub  
Preserve, and the importance of volunteers.  
Ms. Swindell made mention of the volunteers in attendance at the meeting, and  
thanked the Board for their support.  
Presented  
6. APPROVAL OF MINUTES  
23-0300  
6.A.  
Regular Meeting of February 21, 2023  
Approve  
Recommended Action:  
Attachments: 02212023 BCC Draft  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of February 21, 2023 as written.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-0315  
7.A.  
Hurricane Ian Proof of Loss Summary  
No action needed  
Recommended Action:  
Attachments: Staff Report  
Statement of Loss  
Scheduled Locations Summary Report  
No Action Taken or Required  
Notice of Extension to Contract for Construction of Required Roadway Improvements  
(Re: Right-Of-Way Permit No. 2022031449) - Old Dixie Highway Roadway  
Improvements  
23-0323  
7.B.  
Attachments: Staff Report  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Consent Agenda as amended, pulling Items 8.F., 8.L., 8.O.,  
8.P., and 8.R. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0279  
8.A.  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments March 17, 2023 to March 23, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of March 17, 2023 to March 23, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0303  
Checks and Electronic Payments March 24, 2023 to March 30, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of March 24, 2023 to March 30, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0324  
Checks and Electronic Payments March 31, 2023 to April 6, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of March 31, 2023 to April 6, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0310  
Annual Financial Report  
Recommended Action:  
Approve the report and authorize Chairman to execute any related documents.  
Attachments: Finance Department Staff Report  
Annual Financial Report, 2022  
Approved staff's recommendation  
23-0280  
8.E.  
Rejection of Bid 2023006 for Annual Dump Truck Hauling Services  
Staff recommends the Board reject the response to Bid 2023006.  
Recommended Action:  
Attachments: Staff Report  
Approved staff's recommendation  
23-0306  
8.F.  
Award of Bid 2023032 for Earman Island Phase IV Re-Vegetation  
Recommended Action:  
Staff recommends the Board award bid 2023032 to Sandhill Environmental,  
in the amount of $258,353.18, approve the agreement, and authorize the  
Chairman to execute it after approval by the County Attorney as to form and  
legal sufficiency, and receipt and approval of the required public construction  
bond. So long as there are no changes in the dollar amount, upon satisfactory  
completion of the work set forth in the agreement, staff is directed to make  
final payment and release any retainage to Sandhill Environmental Services,  
LLC, after review and approval by the Purchasing Manager and County  
Attorney.  
Attachments: Staff Report  
Agreement  
Conservation Lands Manager Wendy Swindell provided an update on the Lost Tree  
Islands Restoration project beginning with the Duck Head Island clearing and  
replanting. Earman Island, she continued, had been cleared of invasive exotics and  
was ready for replanting with local species. Ms.Swindell noted the Earman Island  
replanting was funded by a grant from the National Estuary program, and she  
mentioned upcoming funding opportunities for the Lost Tree Islands Restoration and  
Enhancement project.  
A motion was made by Vice Chairman Adams, 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  
23-0308  
8.G.  
Rejection of Bid 2023012 for Jackie Robinson Training Center Walking Trail  
Recommended Action:  
Staff recommends the Board reject the response to Bid 2023012, and authorize staff  
to re-advertise the bid with a longer time to complete, and longer period before  
acceptance of bids.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0317  
8.H.  
Final Ranking of Consultants and Authorization to Negotiate - RFQ 2023015 for  
Continuing Consulting Engineering Services  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, and authorize  
negotiations with the recommended firms, in accordance with FS 287.055.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0297  
8.I.  
Approval of Service Agreement Addendum WEX Health, Inc. d/b/a WEX (Benefits  
Express Services, LLC) effective May 1, 2023 through April 30, 2024  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve the  
recommendation to renew with WEX Health Inc. to provide benefit administration  
technology and services for the County’s comprehensive employee benefit program  
effective May 1, 2023 through April 30, 2024 and to authorize the Board Chairman  
to sign the service agreement addendum after review and approval by the County  
Attorney.  
Attachments: Staff Report  
WEX Health, Inc. Service Agreement Addendum  
Benefit Express Services, LLC Agreement  
Approved staff's recommendation  
23-0305  
8.J.  
Memorandum of Understanding for Use of County Owned Bucket Trucks with the  
Sheriff’s Department  
Recommended Action:  
Staff recommends the Board approve the Memorandum of Understanding for Use of  
County Owned Bucket Trucks with the Sheriff’s Department, and authorize the  
Chairman to execute the Release on behalf of the Board.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0321  
8.K.  
Work Order Number 9, Continuing Architectural Services RFQ 2018063 - New  
Victor Hart Sr. Complex Restroom/Concession Building  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 9, for the New  
Victor Hart Sr Complex Restroom/Concession Building, in accordance with the  
Continuing Architectural Services Agreements for RFQ 2018063, with Edlund,  
Dritenbas, Binkley Architects & Associates, Inc., authorizing the professional  
services as outlined in Exhibit A, and request the Board authorize the Chairman  
to execute Work Order Number 9.  
Attachments: Staff Report  
WO9  
Scope of Work  
Approved staff's recommendation  
23-0325  
8.L.  
Children’s Services Advisory Committee’s Annual Report, FY 2021-2022  
Recommended Action:  
Staff recommends the Board accept the Children’s Services Advisory Committee’s  
Annual Report for FY 2021-2022, as submitted.  
Attachments: Staff Report  
CSAC Annual Report FY 22  
Vice Chairman Adams discussed the latest Children's Services Advisory Committee's  
Annual Report, and touched on the information provided regarding goals,  
accountability, and transparency. Commissioner Moss noted the revised structure of  
the Children's Services Advisory Committee (CSAC), and thanked staff for their help  
during the transition.  
Bob McPartlan, CSAC Board member, pledged his dedication to supporting the  
life-saving programs funded by CSAC.  
Doug DeMuth, CSAC Board member, recommended skepticism when evaluating the  
accomplishments of CSAC programs.  
A motion was made by Vice Chairman Adams, 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  
23-0326  
8.M.  
Approval of a License Agreement with Nerija of Vero Beach SA Company for use of  
the Intergenerational Recreation Center for Church Services  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners accept the License Agreement with Nerija of Vero Beach SDA  
Company, and authorize the Chairman to execute the agreement after review by the  
County Attorney for legal sufficiency.  
Attachments: Staff Report  
Nerija License Agreement 2023.04.04  
Nerija of Vero Beach SDA Company COI  
Nerija of Vero Beach SDA Company- 501c3 letter  
Tax Exemption  
IRS Tax Exempt Letter for GC  
Approved staff's recommendation  
23-0327  
8.N.  
Approval of Text to 911 Contract with INdigital  
Recommended Action:  
Staff recommends the Board approve the INdigital Agreement and authorize the  
Chairman to execute the agreement.  
Attachments: Staff Report  
INdigital Agreement  
Quote  
Approved staff's recommendation  
23-0331  
8.O.  
Approval to Submit Letters of Intent for the National Estuary Program’s Coastal  
Watershed Grant  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the request to submit  
two Letters of Intent for the Coastal Watershed Grant  
Attachments: Staff Report  
NEP Coastal Watershed Grant Program  
Eric Charest, Natural Resources Manager, requested the Board's support in applying  
for grants to support an oyster-bed restoration project at Lauren's Island, and a  
survey of the muck levels in the Indian River Lagoon to aid in sea grass restoration.  
In response to Chairman Earman, Mr. Charest noted that the deadline to apply for  
Florida Inland Navigation District (FIND) grants had passed. He added that his  
department was working in conjunction with Florida Institute of Technology (FIT) to  
develop a plan which would provide the basis for future grant applications.  
A motion was made by Vice Chairman Adams, seconded by Commissioner Loar,  
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  
23-0332  
8.P.  
FDOT Supplemental Agreement No. 4 to Agreement FM No. 431759-2-54-01  
and Resolution Authorizing the Chairman’s Signature for the Construction of  
Intersection Improvements at SR-60 and 43rd Avenue, IRC-0853  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Supplemental  
Agreement No. 4 to the CIGP Agreement FM No. 431759-2-54-01 and Resolution  
and authorize the chairman to execute the same.  
Attachments: Staff Report  
Authorizing Resolution  
Supplemental Agreement No. 4  
Chairman Earman applauded the progress that had been made in the improvements to  
SR-60 and 43rd Avenue. Public Works Director Richard Szpyrka informed the  
Board that this item was a suggestion from the Florida Department of Transportation  
(FDOT) for a time extension to address final close-out items. He added the  
intersection was open and functioning well, and shared the positive feedback he  
received.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation and Resolution 2023-013,  
authorizing the Chairman’s execution of Supplemental Agreement No. 4 to the  
County Incentive Grant Program (CIGP) Agreement FM Number 431759-2-54-01  
with the Florida Department of Transportation for Construction and Construction  
Engineering Inspection services for intersection improvements at State Road 60  
and 43rd Avenue. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0336  
8.Q.  
Sebastian Inlet Technical Advisory Committee Update  
Recommended Action:  
Staff requests that the Board continue to support Staff as approaches towards  
updating the MOU are discussed, with the MOU being brought back before the BCC  
at a later date for approval.  
Attachments: Staff Report  
Approved staff's recommendation  
Children's Services Advisory Committee's Recommendation of Request for Proposal,  
Grant Application and Agency Grant Contract for FY 2023-2024  
23-0341  
8.R.  
Recommended Action:  
Staff recommends that the Board accept the FY23-24 Children’s Services Program  
Request for Proposal, the FY23-24 Children’s Services Program Grant Application,  
and the FY23-24 Children’s Services Program Sample Agency Grant Contract as  
submitted.  
Attachments: Staff Report  
RFP Notification  
Grant Application  
Evaluation Form  
Sample Grant Contract  
Termination of MOA  
Doug DeMuth, CSAC Board member, referred to staff's report to highlight that  
Children's Services funding had been approved for FY 2023/2024, but that spending  
would not be approved until a new managing director was brought in, a needs  
assessment was completed, and revisions to reporting criteria were done. He  
suggested modifying the supporting document to reflect this information.  
Assistant County Administrator Michael Zito clarified that the needs assessment  
would be funded in October, to be concurrent with the start of FY 2023/24.  
Bob McPartlan, CSAC Board member, noted the success of the Moonshot Moment  
program, and encouraged the Board to be similarly informed regarding infant mortality  
and barriers to medical care.  
A motion was made by Vice Chairman Adams, 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 10:47 a.m., and reconvened the meeting at 10:59  
a.m. with all members present.  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
23-0320  
9.A.  
Indian River County Clerk of Circuit Court and Comptroller, Jeffrey R. Smith:  
Notice of Annual Comprehensive Financial Report and Popular Annual Financial  
Report Completion for Fiscal Year 2021-2022  
Recommended Action:  
Accept the reports  
Attachments: Finance Department Staff Report  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, appeared before the  
Board to present the County's Annual Comprehensive Financial Report (ACFR) and  
the Popular Annual Financial Report (PAFR) which were also available online  
(indianriverclerk.com). Mr. Smith highlighted the major initiatives and  
accomplishments undertaken the previous year, and provided an overview of the  
County's revenues and expenditures.  
Commissioner Moss received clarification that the Hospital District was not one of the  
County's Special Taxing Districts.  
Mr. Smith thanked his staff, and County staff who helped produce the report.  
Accepted the report  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
23-0275  
10.A.1.  
Treasure Coast Community Health, Inc. request to Rezone Approximately ±4.46  
Acres from CH, Heavy Commercial District and CG, General Commercial  
District to MED, Medical District (RZON2005090174-93779)  
[Quasi-Judicial]  
Recommended Action:  
Based on the analysis, staff and the PZC recommend that the Board of County  
Commissioners approve this request to rezone the Subject Properties from CH  
and CG, to MED.  
Attachments: Staff Report  
Existing Zoning Map  
Existing Future Land Use Map  
Rezoning Application  
Table of Uses for Commercial Zoning Districts  
Future Land Use to Zoning Dist Comp Table  
Ordinance for Execution  
Chairman Earman introduced the parties for the proceeding as being Treasure  
Coast Community Health, Inc. (TCCH) 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 Deputy Clerk administered the  
Oath to all persons who wished to speak at the hearing.  
The Chairman opened the public hearing.  
Andy Sobczak, Interim Community Development Director, presented TCCH's  
request to rezone property adjacent to their Oslo Road location to Medical  
District (MED) to allow expansion of their medical facility. Mr. Sobczek  
introduced the new Chief of Long Range Planning, Chris Balter, who continued  
the presentation using PowerPoint slides. Included in the analysis of the request  
were future land use designations and accompanying map, concurrency,  
consistency with County plans and regulations, environmental impact, and  
compatibility with surrounding areas. He concluded with staff's support, and noted  
the Planning and Zoning Commission approved the rezoning request at their  
March 9, 2023 meeting.  
Bob McPartlan, Sebastian City Councilmember, praised TCCH's positive impact  
on the community and supported the not-for-profit organization's request.  
The Chairman closed the public hearing.  
Commissioner Flescher expressed his support for TCCH's expansion.  
Commissioner Moss praised TCCH CEO Vicki Soulé and staff.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve staff's recommendation and adopt Ordinance 2023-006,  
amending the Zoning Ordinance and the accompanying Zoning Map for  
approximately ±4.46 acres located south of and adjacent to 9th Street  
Southwest, from CH, Heavy Commercial District and CG General Commercial  
District, to MED, Medical District; and providing codification, severability, and  
effective date. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
23-0307  
10.B.1.  
Request to Speak from Catherine Keller re: Fence Built on County-owned Land  
No action required  
Recommended Action:  
Attachments: Public Discussion Request Keller  
Catherine Keller appeared before the Board to follow up on a Code Enforcement  
Board Order Finding Violation issued on June 7, 2022, on a property at 7985  
100th Avenue. The Board had previously considered various remedies to the  
Keller's encroachment issue at the BCC regular meeting of March 7, 2023, and  
had decided to continue with the code enforcement process. After meeting  
individually with the Commissioners in March, Ms. Keller was hopeful the Board  
had found a compromise to her situation.  
Commissioner Flescher advised that the avenue to appeal a code enforcement  
violation was through the Court. He recounted that he had met with Ms. Keller in  
April, but noted the absence of mitigating circumstances meant the code  
enforcement ruling would stand, and she would have to come into compliance as  
specified in the order.  
County Attorney Dylan Reingold advised the window for appeals was 30 days  
following the date the order was issued by the Code Enforcement Board.  
No Action Taken or Required  
23-0312  
10.B.2.  
Request to Speak from Ryan Holmes re: Mandatory Polygraph Tests Given to  
County Employees Accused of Misconduct  
Recommended Action:  
No action required  
Attachments: Request to Speak R. Holmes 4.18.23  
Speaker not present  
23-0337  
10.B.3.  
Request to Speak from Bill Rigby re: Insurance  
No Action Required  
Recommended Action:  
Attachments: Public Discussion Request B. Rigby 4.18.23  
Deleted  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
23-0316  
12.F.1.  
Self-Insurance Funds and Property & Casualty Insurance Program  
Recommended Action:  
Staff recommends the Board approve the proposed renewal and authorize staff to  
bind coverage for May 1, 2023 through April 30, 2024 with a current premium of  
$4,042,976.11. The renewal premium is based upon the current schedule of  
values, coverage selections and includes the annual broker fee of $175,000.  
Attachments: Staff Report  
Executive Summary  
County Risk Manager Cynthia Stanton referred to staff's memo dated April 18,  
2023, as she presented renewals for the County's property and casualty  
insurance. She noted there was an overall increase of almost 28% in premiums  
due to a volatile insurance market in the wake of last year's hurricane season. Ms.  
Stanton continued with an in-depth reporting of the lowered coverage and  
increased rates across all categories which were necessary due to budget  
constraints; she made mention that all counties in the state were forced to make  
similar choices.  
Management and Budget Director Kristin Daniels forecast the increased costs  
across several sectors in advance of an expectedly difficult fiscal year.  
Commissioner Flescher thanked Ms. Stanton for making the difficult choices in  
order to best manage the County's risk exposure.  
Bob McPartlan, Sebastian City Council member, discussed the insurance  
market's impact on homeowners and the County, and wondered if multiple  
counties could join to negotiate better insurance rates.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Loar, 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  
23-0322  
12.G.1.  
Acquisition of Right-Of-Way for Aviation Boulevard and US-1 Improvements  
from Myron and Davene Madsen  
Recommended Action:  
Staff recommends the Board approve the Agreement to Purchase and Sell Real  
Estate for the Madsen’s property and approve the Assignment of Agreement to  
Purchase, Sell, and Lease Real Estate Between CREC Capital And/Or Assigns  
And Myron Madsen Jr & Davene Madsen and authorize the Chairman to execute  
the documents on behalf of the Board. Staff also requests the Board to authorize  
the Office of Budget and Management to request written checks, if needed for the  
amounts of $25,000 and $50,000 for escrow payment.  
Attachments: Staff Report  
Agreement to Purchase and Sell with Exhibits  
Assignment of Agreement to Purchase, Sell, and Lease  
Public Works Director Richard Szpyrka presented a proposed property purchase  
at the corner U.S. Highway 1 and 32nd Street which would aid in the Aviation  
Boulevard extension, and increase traffic capacity by creating a right-turn lane at  
the intersection. He recapped discussions with the County's Realtor and the  
Florida Department of Transportation (FDOT) regarding the purchase price and  
value to the future planning of this area.  
Chairman Earman expressed support for the purchase and hoped it would speed  
the process of creating the Aviation Boulevard extension to 37th street.  
A motion was made by Commissioner Flescher, 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  
23-0340  
12.G.2.  
Request for Funding and Authorization to Purchase a Motor Grader  
Recommended Action:  
Based on the availability and specifications for graders used by the County, Staff  
recommends the Board authorize funding in the amount of $315,501.00 from  
Transportation Fund, fund balance for the purchase of a 2023 Caterpillar 120  
motor grader  
Attachments: Staff Report  
Vice Chairman Adams asked if this grader purchase would translate to additional  
roads which could be graded, or hopefully reduce the time between grading.  
Public Works Director Richard Szpyrka advised that the additional machine  
would reduce grading time across several neighborhoods, and advised his  
department's overall goal was to keep grading time to within 10 days on all  
routes.  
A motion was made by Vice Chairman Adams, 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  
23-0329  
13.A.  
Use of Optional Sales Tax for Beach Renourishment Projects  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the resolution authorizing the use of optional sales tax  
funds for beach and dune renourishment projects.  
Attachments: Staff Report  
Optional Sales Tax - Beach and Dune System  
County Attorney Dylan Reingold presented the Resolution to authorize use of  
Optional Sales Tax funds for beach renourishment projects. Attorney Reingold cited  
Florida Statutes which allowed for funds to be used for infrastructure projects that  
have a life expectancy of five (5) or more years.  
The Commissioners weighed-in on the proposal. Chairman Earman expressed caution  
that the sales tax should not be used as the first source of funding for beach  
renourishment.  
Management and Budget Director Kristin Daniels assured that it would not; however,  
she cautioned that the Beach fund was running a negative balance while the County  
awaited repayment from FEMA grants. She advised that future project funding was  
not sustainable, and having the option of using the sales tax funds would be a useful  
budgeting tool.  
Commissioner Moss expressed her rationale for opposing use of the funds for beach  
restoration, fearing that other projects would be short-changed with reallocations.  
Vice Chairman Adams was in favor of reviewing the funds on a case-by-case basis as  
needed, cautioning against whittling away at money intended for other infrastructure  
needs.  
Ms. Daniels advised that upcoming projects in Sectors 3, 5, and 4 would require  
up-front funds from the County which may not be available. Attorney Reingold agreed  
with the Commissioners' concerns, and noted the legal basis for the Resolution in  
regard to beaches, dunes, and public infrastructure.  
Vice Chairman Adams clarified that the Resolution would not add Optional Sales Tax  
money as a specific funding source for beach restoration, but would permit access to  
the funds if cash was not on-hand to complete those projects. Commissioners  
Flescher and Loar expressed support for the Resolution in light of the rationale from  
the County Attorney and Budget Director.  
Bob McPartlan, Sebastian Council member, expressed his support for staff and  
proposed considering child abuse prevention as an infrastructure need.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve staff's recommendation and Resolution 2023-014, electing to use  
Optional Sales Tax Revenue for beach and dune construction in Sector 3 and  
Sector 5. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and  
Commissioner Loar  
1 - Commissioner Moss  
23-0330  
13.B.  
Children Services Advisory Committee Appointment  
Recommended Action:  
The County Attorney recommends that the Board review the applicants’ applications,  
and determine whether to appoint him/her to fill the unexpired term for the “Member  
At Large” representative to the Children Services Advisory Committee  
Attachments: Staff Report  
Application (CSAC) - CarboniDawn  
Application (CSAC) Amber Cerda  
Application (CSAC) - LendermanDaniel  
Application (CSAC) - Wendy McDaniel  
County Attorney Dylan Reingold presented applications for candidates looking to fill  
the "Member at Large" representative to the Children's Services Advisory Committee  
(CSAC).  
Vice Chairman Adams spoke of the need to have additional CSAC representation for  
North County and Fellsmere, and supported Amber L. Cerda for the position.  
Bob McPartlan, CSAC Board member, supported Ms. Certa for the position. He  
also advocated for applicant Dawn M. Carboni for a position on either the Needs  
Assessment/Planning Committee or the Grant Review and Program Committee.  
Commissioner Flescher added his support for Ms. Carboni to serve CSAC in light of  
her experience and expertise. Attorney Reingold confirmed the "at-large" position was  
the only vacancy on CSAC, but that the subcommittees would likely have openings  
suited for her talents.  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to approve the appointment of Amber L. Cerda for the "Member at Large"  
representative to the Children's Services 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  
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  
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.  
23-0302  
15.B.1.  
Approval of the Solid Waste Disposal District Meeting Minutes of February 21,  
2023  
Recommended Action:  
Approve  
Attachments: 02212023 SWDD Draft  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve the minutes of the February 21, 2023 Solid Waste  
Disposal District meeting. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0338  
15.B.2.  
Amendment No. 2 to Wastewater Treatment Agreement with Indian River  
Sustainability Center  
Recommended Action:  
Staffs recommends that its Board follow what is written in the staff report  
Attachments: Staff Report  
Amendment No 2  
First Amended and Restated Site Access Agreement  
There was no discussion regarding this item.  
A motion was made by Vice Chairman Adams, 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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:16 p.m.