Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
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 20, 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  
Minister Jack White, Gifford Church of Christ  
3. PLEDGE OF ALLEGIANCE  
Commissioner Deryl Loar  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Chairman Earman suggested moving Item 5.A. to follow Item 15.B.5.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to move Item 5.A. to follow Item 15.B.5. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
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  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Presentation of Proclamation Honoring Jason Brown for 24 Years of Distinguished  
Service to the Indian River County Board of County Commissioners  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
[Clerk's note: Item 5.A. was heard following Item 15.B.5.]  
Chairman Earman opened the item by reading the Proclamation to County  
Administrator Jason Brown upon his resignation from the County after 24-years of  
service. Each of the Commissioners and Attorney Dylan Reingold recounted their  
experiences with Mr. Brown and expressed respect for his strength, respect,  
trustworthiness, intellect, knowledge, financial acumen, and strong moral compass.  
They wished him well on his new position with the Clerk of the County Court and  
Comptroller's Office.  
The following people addressed Mr. Brown with praise for him professionally and  
personally:  
Mr. Jeff Smith, Clerk of the Court and Comptroller  
Richard Szpyrka, Public Works Director  
Christina Moore, Legal Assistant  
Dori Stone, President, Indian River County Chamber of Commerce  
Phil Matson, Community Development Director  
Sean Lieske, Utility Services Director  
Michael Zito, Assistant County Administrator  
Kristin Daniels, Management and Budget Director  
Himanshu Mehta, Solid Waste Disposal District Director  
Wilfred Hart, Community Activist  
Ms. Maya Miller, Traffic Assistant, serenaded Mr. Brown  
Mr. Brown addressed the Board, staff, and his parents who were in the audience,  
stating his thanks for all who helped realize his legacy of improvements for the  
County's staff and its residents. He discussed his love of public service and expressed  
his heartfelt gratitude for the honors bestowed him.  
Read and Presented by Chairman Earman  
5.B.  
Presentation of Proclamation Honoring Cathleen Reimsnyder on her Retirement from  
the Indian River County Sheriff's Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Commissioner Flescher spoke from personal experience as he commended Ms.  
Reimsnyder on her years of helpful service professionally and personally. She was  
joined by her husband as she thanked fellow staff who, she stated, were like family to  
her. Sheriff Eric Flowers thanked Ms. Reimsnyder for her years of service to the  
County.  
Read and Presented by Commissioner Flescher  
5.C.  
Presentation of Proclamation Honoring Jackie Craig on her Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Ms. Craig, who served under former Sheriff Deryl Loar, received praise for her  
exceptional service during her 30-year tenure as Records Administrator. Ms. Craig  
received compliments from co-workers, and Sheriff Eric Flowers who spoke  
favorably of Ms. Craig's expertise.  
Read and Presented by Commissioner Loar  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of October 4, 2022 and October  
11, 2022 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
6.A.  
Regular Meeting of October 4, 2022  
Approve  
Recommended Action:  
Approved  
6.B.  
Regular Meeting of October 11, 2022  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
Chairman Earman and County Administrator Jason Brown commended all the  
long-time employees who were retiring from the County.  
7.A.  
Proclamation Honoring William A. McGrath On His Retirement From the Indian  
River County Commissioners Department of Utilities/Wastewater Treatment  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
Mr. McGrath retired after 22 years of serving the County.  
No Action Taken or Required  
7.B.  
Proclamation Honoring Terry W. Southard On His Retirement From the Indian River  
County Commissioners Department of Utilities/Operations Division  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
County Administrator Jason Brown described the ways in which Mr. Southard was  
an integral part of leading the growth of the Utility Services Department during his  
almost 40-year career.  
The Commissioners and several department directors spoke in glowing terms of Mr.  
Southard's knowledge, dedication, mentorship, and tenacity during his time serving the  
County.  
No Action Taken or Required  
7.C.  
Proclamation Honoring Michael Jenkins On His Retirement From Indian River  
County Board of County Commissioners Department Of Public Works/Facilities  
Management Division  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
Mr. Jenkins retired after 30 years of serving the County.  
No Action Taken or Required  
7.D.  
Proclamation Honoring Myles Ray Holmes, Jr. On His Retirement From Indian River  
County Board of County Commissioners Department of Public Works  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
Mr. Holmes, Jr. retired after 16 years of serving the County.  
No Action Taken or Required  
7.E.  
Planning & Zoning Commission - District 4 Appointee  
Informational Item  
Recommended Action:  
Commissioner Loar announced the reappointment of Mr. Johnathan F. Day to the  
Planning and Zoning Commission as the District 4 appointee.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve the Consent Agenda as amended, pulling Item 8.C. for discussion. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.A.  
Waiver of Requirement for Bids for Road Base Material  
Recommended Action:  
Staff recommends the Board of County Commissioners waive the requirement for  
bids, and authorize the Purchasing Division to issue purchase orders to the three local  
mines in a total cumulative amount not to exceed $300,000.  
Attachments: Staff Report  
Approved staff's recommendation  
8.B.  
Adoption of Modifications to the Purchasing Manual  
Recommended Action:  
Staff recommends the Board note its concurrence with the changes approved by the  
County Administrator.  
Attachments: Staff Report  
Approved staff's recommendation  
8.C.  
Resolution Delegating the Authority to the County Administrator or his Designee to  
Call Letters of Credit and to Act on Behalf of Indian River County during the Time  
Frame of December 21, 2022, through and including January 16, 2023  
Recommended Action:  
Authorize the Chairman to sign the Resolution as presented, delegating the authority to  
call Letters of Credit and delegating full signing authority during the period  
commencing December 21, 2022, through and including January 16, 2023.  
Attachments: Staff Report  
Vice Chairman Adams noted this was a recurring annual item.  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to approve Resolution 2022-102, delegating authority to the County Administrator  
or his designee, to call letters of credit as necessary during the period  
commencing December 21, 2022, through and including January 16, 2023, and  
further delegating to the County Administrator or his designee, the authority to  
execute all documents necessary for the proper functioning of the County during  
the period commencing December 21, 2022, through and including January 16,  
2023. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.D.  
El Rancho Investments, L.L.C.’s Request for Affidavit of Exemption Approval with  
Dedications to the County [AOE-18-10-05 / 99110173-82447] (El Rancho AOE)  
Recommended Action:  
Staff recommends that the Board of County Commissioners accept the dedication of  
the limited access easements and right-of-way, and authorize the chairman to execute  
the subject El Rancho Affidavit of Exemption.  
Attachments: Staff Report  
Approved staff's recommendation  
8.E.  
Award of Bid No. 2023009, 11th Drive and 37th Street Roadway and Intersection  
Improvements, IRC-2001  
Recommended Action:  
Staff recommends the project be awarded to Dickerson Infrastructure, Inc, dba  
Dickerson Florida, Inc. in the amount of $3,478,155.50. Staff further recommends  
the Board approve the sample agreement and authorize the Chairman to execute said  
agreement after review and approval of both the agreement and required Public  
Construction Bond by the County Attorney as to form and legal sufficiency, and the  
receipt and approval of required insurance by the Risk Manager.  
Attachments: Staff Report  
Approved staff's recommendation  
8.F.  
Award of RFP 2023007 - North County Water & Sewer Project Phase 2 -Private  
Side Connections for Sewer  
Recommended Action:  
Staff recommends the Board of County Commissioners award the Request for  
Proposal 2022007 to Meeks Plumbing, Inc., and authorize staff to begin negotiations  
Attachments: Staff Report  
Approved staff's recommendation  
8.G.  
The Reserve At Grand Harbor, Plat 33 - Third Request for 2-Year Extension to Final  
Lift of Asphalt Contract - Developer: GH Vero Beach Development LLC  
Recommended Action:  
Approve the Third Modification to Contract for Construction for Final Lift of Asphalt,  
Contract No. PD-13-10-03-FLA (2001020101-77703) to extend the completion  
date to December 16, 2024, and authorize the Chairman to execute same. It is noted  
that the supporting cash security will continue to remain in escrow along with the  
additional posted funds covering the increase on the new cost estimate  
Attachments: Staff Report  
Approved staff's recommendation  
8.H.  
Revision to Administrative Policy AM-702.1 Sick Leave  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve the revisions  
to AM-702.1 Sick Leave  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
Approval of the Affordable Housing Advisory Committee 2022 Incentives Review  
and Recommendation Report Resolution  
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  
Approved staff's recommendation and Resolution 2022-104, approving the Indian  
River County Affordable Housing Advisory Committee (AHAC) 2022 Report and  
directing staff to submit the County’s Local Housing Assistance Plan to Florida  
Housing Finance Corporation (FHFC).  
8.J.  
Work Order Number 25, Amendment No. 2 - Continuing Engineering Services RFQ  
2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and  
Utility Service Plans Revisions  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 25, Amendment  
No. 2 for revisions to the Hobart Park Restroom Connections and Utility Service  
Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008,  
Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing  
the professional services as outlined in Exhibit A, and request the Board authorize  
the Chairman to execute Amendment No. 2, Work Order Number 25.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
Work Order Number 26, Amendment No. 2 - Continuing Engineering Services RFQ  
2018008 - Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom  
Connections and Utility Service Plans  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 26, Amendment  
No. 2, for permitting services and site plan modification associated with the Hosie  
Schumann Park Restroom Connections and Utility Service Plans, Continuing  
Consulting Engineering Services Agreements for RFQ 2018008, Amendment and  
Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional  
services as outlined in Exhibit A, and request the Board authorize the Chairman to  
execute Amendment No. 2, Work Order Number 26.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Agreement for Purchase and Sell Real Estate with St. John’s River Water  
Management District for an Easement for Expansion of the Trans-Florida Railroad  
Trail  
Recommended Action:  
Staff recommends the Board approve the Agreement to Purchase and Sell Real  
Estate with St. John’s River Water Management District for an Easement for  
expansion of the Trans-Florida Railroad Trail and authorize the Chairman to execute  
the same.  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Amendment No. 3 - FDEP Grant Agreement No. 17IR2 (Wabasso Beach  
Restoration Project (Sector 3))  
Recommended Action:  
Staff recommends the Board approve FDEP Amendment No. 3 to FDEP LGFR  
Grant Agreement No. 17IR2 for up to $446,551.30 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. 3 from  
the State, staff will transmit to the Clerk to the Board of County Commissioners for  
filing  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Indian River County Supervisor of Elections Leslie Swan re: Election Security  
Enhancement Grant  
Supervisor of Elections Leslie R. Swan requested the Board's approval to apply for  
an Election Security Enhancement Grant. She informed the funds would be used to  
cover the cost for one year of Albert Network Monitoring, and upgrades to the  
electronic poll books.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve submission of the Election Security Enhancement Grant to  
upgrade security and voting technology. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
10.A.1  
Public Hearing to Consider a Resolution Electing to Use the Uniform Method for  
the Levy, Collection and Enforcement of Non-Ad Valorem Assessments for the  
North County Water and Sewer Project - Phase 2 (Legislative)  
Recommended Action:  
The Indian River County Department of Utility Services recommends that after  
the public hearing, the Board of County Commissioners vote to approve the draft  
resolution and the draft agreement with the Tax Collector and Property Appraiser  
Attachments: Staff Report  
County Attorney Dylan Reingold presented a resolution detailing the method for  
collecting assessments for the water portion of the North County Water and  
Sewer Project - Phase 2. He noted this Board would also enter into an agreement  
with the Tax Collector and Property Appraiser's office. This was the first of two  
public hearings required by section 197.3632, Florida Statutes.  
The Chairman opened the hearing for public comment. There being none, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Adams, to approve staff's recommendation and Resolution 2022-104, electing  
to use the uniform method for the levy, collection, and enforcement of non ad  
valorem assessments pursuant to Florida Statute 197.3632 to recover the costs  
of the water portion of the North County Water and Sewer Project - Phase 2.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
10.A.2  
Amending Indian River County Code Chapter 205. - Parks and Recreation  
(Legislative)  
Recommended Action:  
Staff recommends the Board approve the draft ordinance, amending the IRC  
Code to prohibit smoking and vaping (excluding unfiltered cigars) in public parks  
and beaches.  
Attachments: Staff Report  
County Attorney Dylan Reingold informed the State had passed legislation which  
allowed local governments to restrict smoking in City and County-owned public  
parks. He noted the proposed Ordinance would make park and conservation  
lands smoke-free, with an exception for unfiltered cigars.  
Vice Chairman Adams received confirmation from Attorney Reingold that House  
Bill 105 specifically excluded unfiltered cigars.  
The Chairman opened the hearing for public comment. There being none, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to adopt Ordinance 2022-017, amending Section 205.03 (Rules and  
Regulations) of Chapter 205 (Parks and Recreation) of the Code of Indian  
River County in order to prohibit certain smoking activities at County owned  
parks consistent with State Statute; providing for conflict and severability;  
providing for codification; and providing for an 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  
10.B.1  
Request to Speak from United States Lifesaving Association Re: Heroic Act  
Award Presentation for Lt. Dustin Lightsey FWC  
Joe McManus, United States Lifesaving Association, presented his organization's  
Heroic Act Award to Lt. Dustin Lightsey, Florida Fish and Wildlife Conservation  
Commission (FWC), for two life-saving incidents at the Sebastian Inlet. Mr.  
McManus recounted the details of the rescues before presenting the award.  
Lt. Lightsey was thankful and stated he was accepting the award on behalf of  
those rescuers who never get noticed. Commissioner Adams thanked Lt.  
Lightsey for his service to the community, and acknowledged the many difficult  
situations he faced.  
No Action Taken or Required  
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  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A  
City of Sebastian - Graves Brothers Annexation Update  
Attachments: Staff Report  
County Attorney Dylan Reingold informed the Board that the December 14, 2022  
hearing regarding the Graves' Brothers annexation had been rescheduled for the  
February 8, 2023 meeting of the Sebastian City Council. He added that a draft  
annexation agreement may be available for review two weeks prior to the February  
hearing.  
No Action Taken or Required  
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  
The Board of County Commissioners reconvened as the Board of Commissioners of  
the Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
A. Emergency Services District  
B. Solid Waste Disposal District  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Solid Waste Disposal District Meeting Minutes of  
September 20, 2022 and October 4, 2022. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
15.B.1  
Approval of Solid Waste Disposal District Meeting Minutes of September 20,  
2022  
Recommended Action:  
Approve  
Approved  
15.B.2  
Approval of Solid Waste Disposal District Meeting Minutes of October 4, 2022  
Approve  
Recommended Action:  
Approved  
15.B.3  
Work Order No. 56 to Kimley-Horn for the Solid Waste Disposal District  
Annual Financial Reports  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
Work Order No. 56 with Kimley-Horn and Associates, Inc. for $49,250 to  
provide engineering services related to the SWDD Annual Financial Reports; and  
authorize the Chairman to execute the same, as presented  
Attachments: Staff Report  
There was no discussion regarding this item.  
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  
15.B.4  
Amendment No. 2 to Work Order No. 47 to Kimley-Horn and Associates for  
Roadway and Drainage Improvements at the IRC Landfill  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Amendment No. 2 to Work Order No. 47 with Kimley-Horn and Associates,  
Inc. for $29,600, with an amended overall total of $75,240, to provide  
engineering services related to the Roadway and Drainage Improvements at the  
Indian River County Landfill, and authorize the Chairman to execute the same, as  
presented  
Attachments: Staff Report  
There was no discussion regarding this item.  
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  
15.B.5  
Amendment No. 3 to Landfill Gas Agreement with Nopetro Eco District, LLC  
Recommended Action:  
Staff recommends that its Board: 1. Approve Amendment No. 3 to Landfill Gas  
Agreement with Nopetro Eco District, LLC (NED); 2. Authorize the Chairman  
to execute the agreement after review and approval by the County Attorney as to  
form and legal sufficiency; and, 3. Authorize Solid Waste Disposal District staff  
to co-sign the letter of agreement for a change order to Biogas Engineering to be  
funded by NED  
Attachments: Staff Report  
There was no discussion regarding this item.  
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  
The Board of Commissioners adjourned the Solid Waste Disposal District meeting,  
and reconvened as the Board of County Commissioners with all members present,  
resuming the meeting with Item 5.A., Presentation of Proclamation Honoring Jason  
Brown for 24 years of distinguished service.  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 10:30 a.m.