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, November 22, 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  
Deacon Freddie Woolfork, Progressive Civic League of Gifford  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman  
3.A. OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS  
-The Honorable David C. Morgan will administer the Oath of Office for  
Commissioner Joseph E. Flescher  
Commissioner Joseph E. Flescher was joined by his family as he was sworn in for his  
fifth term as the County Commissioner for District 2.  
-The Honorable Robert L. Pegg will administer the Oath of Office for  
Commissioner Deryl Loar  
Deryl Loar was sworn in for his first term as the County Commissioner for District 4.  
Read and Presented  
3.B. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN  
County Attorney Dylan Reingold opened the floor for nominations for the seat of  
Chairman of the Indian River County Board of County Commissioners.  
Commissioner Earman was nominated for Chairman of the Board by Commissioner  
Flescher.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to close the floor for nominations for Chairman of the Board of County  
Commissioners. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
County Attorney Dylan Reingold called for a vote on the nomination of Commissioner  
Earman to serve as Chairman of the Board.  
The Board, by a 5-0 vote, approved the election of Commissioner Earman to  
serve as Chairman of the Board of County Commissioners.  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
3.C. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN  
County Attorney Dylan Reingold opened the floor for nominations for the seat of Vice  
Chairman of the Indian River County Board of County Commissioners.  
Commissioner Flescher was nominated for Vice Chairman of the Board by  
Commissioner Loar.  
Commissioner Adams was nominated for Vice Chairman of the Board by  
Commissioner Earman.  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to close the floor for nominations for Vice Chairman of the Board of County  
Commissioners. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
County Attorney Dylan Reingold called for a vote on the nomination of Commissioner  
Flescher to serve as Vice Chairman of the Board of County Commissioners.  
The Board, by a 2-3 vote, failed to approve the election of Commissioner  
Flescher to serve as Vice Chairman of the Board of County Commissioners. The  
motion failed by the following vote:  
2 - Commissioner Flescher, and Commissioner Loar  
Aye:  
Nay:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Moss  
County Attorney Dylan Reingold called for a vote on the nomination of Commissioner  
Adams to serve as Vice Chairman of the Board of County Commissioners.  
The Board, by a 3-2 vote, approved the election of Commissioner Adams to serve  
as Vice Chairman of the Board of County Commissioners. The motion carried by  
the following vote:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Moss  
2 - Commissioner Flescher, and Commissioner Loar  
Aye:  
Nay:  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 7.A. Discussion of Municipal elections  
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  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
22-1018  
Discussion of Municipal Elections by Commissioner Laura Moss  
Commissioner Moss recounted the results of City Council elections in Vero Beach  
and Sebastian.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, 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  
8.A.  
Approval of a Memorandum of Understanding between Humane Society Vero Beach  
& Indian River County Florida, Inc., and the Indian River County Board of County  
Commissioners  
Recommended Action:  
Staff is recommending the Board approve and execute the Memorandum of  
Understanding for Animal Shelter Services between the Humane Society of Vero  
Beach & Indian River County Florida, Inc., and Indian River County Board of  
County Commissioners.  
Attachments: Staff Report  
Approved staff's recommendation  
8.B.  
Treasure Coast Consulting, Inc. Assignment of Agreement re: RFP 2022059  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
Consent to Assignment of Agreement to DeAquino Concessions, Inc. and authorize  
the Chair to execute the same after review and approval by the County Attorney.  
Attachments: Staff Report  
Approved staff's recommendation  
8.C.  
FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 2  
and Authorizing Resolution Construction and Construction and Engineering Inspection  
(CEI) Services for Milling and Resurfacing 6th Avenue from SR-5/US-1 to 21st  
Street - Project No. IRC-1638, FM No. 438074-1-54-01  
Recommended Action:  
Staff recommends the Board approve the Supplemental Agreement No. 2 (FM No.  
438074-1-54-01) and Resolution and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Approved Resolution 2022-089, authorizing the Chairman’s execution of Small  
County Outreach Program (SCOP) Supplemental Agreement No. 2 with the  
Florida Department of Transportation for Construction (milling and resurfacing)  
and Construction Engineering Inspection (CEI) services for 6th Avenue from  
SR-5/US-1 to 21st Street.  
8.D.  
FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement  
No. 4 for 66th Avenue Roadway Widening (49th Street to 69th Street) FM No.  
436379-1-54-01;436379-1-54-02 (IRC-1505)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve FDOT  
Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 4  
and Authorizing Resolution and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Approved Resolution 2022-090, authorizing the Chairman’s execution of  
Transportation Regional Incentive Program Supplemental Agreement No. 4 with  
the Florida Department of Transportation for 66th Avenue roadway widening  
from 49th Street to 69th Street for Construction and Construction Engineering  
Inspection (CEI) services.  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from Bill Rigby re: Community Development Districts Due  
Process  
Recommended Action:  
No Action Required  
Mr. Bill Rigby appeared before the Board on behalf of the West Wabasso  
Progressive Civic Club with complaints about the process which was followed in  
the approval of the LP Community Development District (CDD) for the  
development of Liberty Park (LP). He referred to Florida Statute Chapter 190,  
and stated his organization felt left out of the planning and was not asked to  
provide input.  
County Attorney Dylan Reingold commented this was not the forum to re-litigate  
the two decisions regarding Liberty Park and the LP CDD. Vice Chairman  
Adams recounted the notifications, workshops, and public hearing that preceded  
the final approval of the LP CDD, and pointed out the infrastructure benefits for  
the Wabasso neighborhood.  
Mr. Rigby continued to assert that the process lacked transparency. Chairman  
Earman offered Mr. Rigby and his organization a meeting with the Community  
Development staff so that West Wabasso's needs could be articulated. Mr. Rigby  
suggested incorporating Wabasso into a Village, thereby allowing long-time  
residents a measure of control over development in the community.  
County Administrator Jason Brown added that the County had a Wabasso  
Corridor Development Plan which was created in 2017 with input from the  
community.  
Mr. Rigby asserted the Wabasso corridor and his concerns were being dismissed.  
He closed by informing the Board there were rules and regulations regarding the  
approval process for the establishment of CDDs.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
Medical Examiner Facility Interlocal Agreement  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the interlocal  
agreement and authorize the Chairman to sign the agreement  
Attachments: Staff Report  
County Administrator Jason Brown referred to staff's memo dated November 8,  
2022, as he recalled the meetings and negotiations which led up to the proposed  
Interlocal Agreement for the construction of a new Medical Examiner Facility. He  
noted Indian River State College had committed to leasing the land for $1 per year for  
two (2) 30-year terms.  
The Board added their comments in support of the agreement, and discussed possible  
reinstatement of State funding assistance.  
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  
11.B.  
Interim County Administrator--tabled from 11/8/22  
Board Discussion  
Recommended Action:  
Attachments: Staff Report  
Commissioner Flescher opened discussion by stating his support for Assistant County  
Administrator Michael Zito for the position of Interim County Administrator. The  
other Commissioners added their support for Mr. Zito as interim administrator, but  
also sought assurance that he did not intend to seek the position permanently.  
Mr. Zito appeared before the Board to state he was not interested in being the  
administrator permanently, and would only do so if it was the Board's will. Vice  
Chairman Adams reiterated the necessity of remaining neutral to avoid dissuading  
potential candidates from applying. The Board continued discussion before opening  
the topic for public comment.  
Joseph Paladin, Black Swan Consulting, spoke in favor of Mr. Zito's qualifications for  
the interim and beyond.  
Peter Robinson, County resident, commented that top candidates may not apply if  
they perceived an in-house candidate was a shoo-in.  
Bob McPartlan, Sebastian City Councilmember, revisited his suggestion to have  
County Attorney Dylan Reingold serve as Interim County Administrator.  
Mr. Zito clarified for the Board the personal and professional reasons he was not  
interested in the administrator position permanently, and stated his commitment to a  
successful transition.  
Commissioner Flescher received additional information from Attorney Reingold  
regarding Mr. Zito's contract, and proposed a 15% raise in Mr. Zito's current salary  
in light of the additional responsibilities. Chairman Earman called for a vote on the  
nomination of Mr. Zito for the interim position before addressing the salary issue.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve the appointment of Assistant County Administrator Michael Zito as  
Interim County Administrator. 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 10:18 a.m. and reconvened the meeting at 10:28  
a.m. with all members present.  
Chairman Earman resumed discussion with a suggestion to pay Mr. Zito the same  
salary as the existing County Administrator. In response to a request from  
Commissioner Moss, Attorney Reingold recapped his discussion with the Human  
Resources Department regarding extra pay for temporary assignments. Attorney  
Reingold noted the 15% pay increase previously suggested by Commissioner  
Flescher was comparable to the current Administrator's salary.  
Commissioner Loar suggested making the salary increase effective immediately as Mr.  
Zito's workload would be increasing immediately. Human Resources Director  
Suzanne Boyll discussed the County's policy of including a minimum 5% salary  
increase for temporary assignments with the Board's discretion to offer more.  
Joseph Paladin added his support for the pay raise.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve paying the Interim County Administrator at the same pay rate as the  
County Administrator position effective immediately. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
11.C.  
Preliminary 2023 Legislative Priorities  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners accept  
the Preliminary Legislative Package, with any changes as deemed appropriate by the  
Board, with the understanding these priorities might be revised following the Four  
County Commission meeting, the FAC Legislative Conference, and as time draws  
closer to the beginning of legislative session.  
Attachments: Staff Report  
Kathy Copeland, Legislative Affairs and Communications Manager, highlighted the  
2023 legislative priorities identified by staff which included Lagoon health, beach  
restoration, broadband support, and home rule for vacation rentals. Ms. Copeland noted  
this was a draft document and reviewed important dates, guiding principles, and  
appropriations.  
Under discussion, the Commissioners brought forward their own priorities of funding for  
mental health assistance, cost of living increases for state pension recipients, the needs  
of 9-1-1 operators, and beach restoration.  
County Attorney Dylan Reingold confirmed the Board's support for the presented  
priorities plus modifications, and requested input in classifying the urgency of the  
additional items. The Board agreed to classify the additions as "items of concern"  
pending active legislation.  
Consensus was reached by the Board to approve the preliminary draft Legislative  
Priorities package, as amended to include mental health funding, Florida  
Retirement System plan benefits, Emergency Operator's hi-risk retirement  
package, and beach restoration as items of concern.  
12. DEPARTMENTAL MATTERS  
A. Community Development  
12.A.1.  
Consideration of Kessel Medical, Inc’s Request for a Local Jobs Grant  
Recommended Action:  
Staff and the Economic Development Council recommends that the Board of  
County Commissioners: 1. Approve a local job grant of up to $106,000 for  
Kessel Medical, Inc. 2. Authorize the Chair to sign the Jobs Grant Agreement  
for Kessel Medical, Inc after approval of the agreement by appropriate county  
staff and the county attorney’s office.  
Attachments: Staff Report  
Helene Caseltine, Economic Development Director, Indian River County  
Chamber of Commerce, presented Kessel Medical, Inc.'s (Kessel) application  
for a local jobs grant of up to $106,000. Ms. Caseltine discussed the vetting  
process and benefits to the County.  
Jack Griffis, Co-founder, Kessel Medical, presented information about the  
company's medical device manufacturing business and its growth plan.  
John Stoll, Chief of Long Range Planning, presented staff's analysis of the Kessel  
application which determined the company was eligible to receive assistance from  
the County's Local Jobs Grant Program. He noted the County's Economic  
Development Council voted to approve the grant at its November 15, 2022  
meeting.  
Under discussion, Vice Chairman Adams received confirmation that the grant was  
dispensed as a reimbursement.  
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  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
12.G.1.  
Florida Department of Transportation (FDOT)Highway Maintenance  
Memorandum of Agreement (MMOA) for CR510 (85th Street), FM No.  
405606-7-52-01 (IRC-2230)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Authorizing  
Resolution for acceptance of the MMOA and authorize the Chairman to execute  
the same.  
Attachments: Staff Report  
Public Works Director Richard Szpyrka referred to staff's memo dated  
November 15, 2022, as he discussed the construction phase of the CR510 (85th  
Street) project, which would widen the road from CR512 to 87th Street. He  
noted that the Florida Department of Transportation (FDOT) required a Highway  
Maintenance Memorandum of Agreement (MMOA) which outlined the County's  
post-construction maintenance responsibilities.  
Vice Chairman Adams was advised this phase of construction would take 24  
months.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-091, authorizing the Chairman’s  
execution of a District Four Highway Maintenance Memorandum of  
Agreement FM Number 405606-7-52-01 with the Florida Department of  
Transportation for maintenance of CR510 (85th Street) widening from CR512  
to 87th Street upon final acceptance by the County of the improvements  
constructed by the Florida Department of Transportation. 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  
13.A.  
Indian River County Committees - Member Reappointments  
Recommended Action:  
The County Attorney recommends that the Board consider the list of committee  
members requesting reappointment, and reappoint such members as the Board deems  
appropriate.  
Attachments: Staff Report  
County Attorney Dylan Reingold referred to staff's memo dated November 8, 2022,  
which listed committee members who have requested reappointment after their term  
expires in January 2023. He requested the Board's approval and/or modifications of  
the renewal list, and also brought to their attention individual appointments and  
vacancies.  
Under discussion, Chairman Earman received confirmation that election to the  
Mosquito Control District Board did not violate the state's rule against holding dual  
offices, as district boards were ruled exempt.  
Commissioner Moss then suggested term limits, in particular for members of the  
Tourist Development Council (TDC), and provided her reasoning. The  
Commissioners noted there were statutory requirements for non-elected TDC  
members, and limited availability of candidates with required hospitality experience. It  
was also noted the TDC was successful in building tourist revenue, and the Board  
expressed reluctance to making changes. The Commissioner later received  
confirmation that a candidate could be elected even if not present at the meeting.  
Assistant County Administrator Michael Zito requested clarification of rules for  
membership on the Children's Services Advisory Committee (CSAC). Attorney  
Reingold confirmed "at-large" members had a two-term limit. Mr. Zito also noted  
difficulty finding members to serve on the Needs Assessment or Grants  
Subcommittees given the rule prohibiting service on more than one committee at a  
time. He relayed the CSAC Board's preference to merge the two subcommittees as a  
solution. The Board agreed to consider CSAC regulations at a future meeting.  
Bob McPartlan, CSAC member, commented that lack of attendance at CSAC  
meetings was hindering progress as a quorum often could not be reached. Attorney  
Reingold advised there were attendance requirements and consequences for  
excessive absences. He planned to return in January 2023 with an updated list of  
confirmed reappointments and vacancies.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the list of reappointments for committee members as  
presented, and to return to in December 2022 with discussion of the Children's  
Services Advisory Committee's structure. The motion carried by the following  
vote:  
4 -  
Aye:  
Nay:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and  
Commissioner Loar  
1 - Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Deryl Loar  
County Commissioners’ Administrative Assistants’ Assignments  
14.A.1.  
Recommended Action:  
Discussion  
Commissioner Loar addressed the Board with a request to hire two additional  
Commissioners' administrative assistants so Commissioners would not have to  
share administrative resources. He discussed the benefits of additional staff, and  
also requested limiting applications to internal candidates only.  
Under discussion, Commissioners Flescher and Moss expressed their reasons for  
supporting Commissioner Loar's suggestion. Vice Chairman Adams was advised  
the new hires would add approximately $130,000 to the budget, and she  
expressed concern for the cost and logistics of reassignments. Chairman Earman  
noted there were other departments such as Community Development which  
were short-handed and deserved priority if new hires were being considered.  
County Attorney Dylan Reingold received direction from the Board that new  
administrative assistants should be regular full-time employees (as opposed to  
at-will) chosen from internal candidates, the existing management structure would  
remain in place, and the Board would decide staff assignments among themselves.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Moss, to approve hiring two (2) additional full-time, permanent  
Commissioners' assistants to be chosen from internal candidates. The motion  
carried by the following vote:  
3 - Commissioner Flescher, Commissioner Loar, and Commissioner Moss  
2 - Chairman Earman, and Vice Chairman Adams  
Aye:  
Nay:  
B. Commissioner Joseph H. Earman  
C. Commissioner Susan Adams  
D. Commissioner Joseph E. Flescher  
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  
15.B.1.  
Request for General Funds - PACE Project and Other Community Projects  
FY2022-23  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize up to $9,000.00  
to be donated to various Protocol for Assessing Community Excellence (PACE),  
Indian River Farms Water Control District, and miscellaneous illegal dumping  
projects for the sole purpose of paying associated landfill fees  
Attachments: Staff Report  
Himanshu Mehta, Managing Director, Solid Waste Disposal District, requested  
the Board's consideration for funding the costs associated with the County's  
efforts to improve safety and health standards in several communities. Director  
Mehta described the projects which included demolishing abandoned homes and  
clean-up of illegal dumping. He noted the labor and machinery were donated, but  
money was needed to cover landfill disposal fees.  
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  
15.B.2.  
Work Order No. 18 to Geosyntec for Segment 3, Cell 3 Site Preparations  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approves and  
authorizes the Chairman to sign Work Order No. 18 authorizing Geosyntec to  
provide engineering services for a not to exceed fee of $171,304.71  
Attachments: Staff Report  
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 12:08 p.m.