Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.indianriver.gov  
Board of County Commissioners  
Susan Adams, District 1, Chairman  
Joseph Flescher, District 2, Vice Chairman  
Joseph H. Earman, District 3  
Deryl Loar, District 4  
Laura Moss, District 5  
John A. Titkanich, Jr., County Administrator  
William K. DeBraal, County Attorney  
Ryan L. Butler, Clerk of the Circuit Court and Comptroller  
Tuesday, March 5, 2024  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Susan Adams  
Vice Chairman Joseph Flescher  
Commissioner Joe Earman  
Commissioner Laura Moss  
Commissioner Deryl Loar  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Wesley Davis, IRC Property Appraiser  
3. PLEDGE OF ALLEGIANCE  
Commissioner Laura Moss  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve the Agenda as amended, deleting Item 5.B. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
5. PROCLAMATIONS and PRESENTATIONS  
24-0153  
5.A.  
Presentation of Proclamation Designating March 2024 As A Month Celebrating  
March for Meals  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Vice President of Philanthropy for the Senior Resource Association Liz Bruner spoke  
on the importance of recognizing the needs of seniors and how Meals on Wheels  
provided nutrition and social interaction. She expressed her gratitude to the Board  
and the 250 volunteers who enable Meals on Wheels to deliver over 450 meals every  
day. Ms. Bruner highlighted that Meals on Wheels served over 106,000 meals to  
seniors in need in 2023 and had a waiting list of 350 seniors, with 10 new seniors  
joining the list every month. Chairman Adams added that Meals on Wheels also had  
an emergency meals program for seniors recovering from a medical procedure or  
illness and a pet food delivery service for seniors with pets.  
Read and presented by Chairman Adams  
Commissioner Moss invited City of Sebastian Mayor Ed Dodd to speak on the  
Sebastian Centennial. Mayor Dodd mentioned that the City of Sebastian celebrated  
its Centennial Anniversary on December 8, 2023. The celebration would take place  
during the weekend of March 15, 2024, featuring a special parade, fireworks, and the  
Clydesdales with their stagecoach. Mayor Dodd also stated that the City of Sebastian  
would celebrate at least once a month throughout 2024. The public could find the  
calendar of events on the City of Sebastian website.  
24-0180  
5.B.  
Presentation by the Boys & Girls Club for Junior Youth of the Year and Youth of the  
Year  
Recommended Action:  
Recommend & Present  
Deleted  
6. APPROVAL OF MINUTES  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
to approve the Regular Meeting Minutes of January 9, 2024, and January 23, 2024  
as written.The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0218  
6.A.  
Regular Meeting Of January 9, 2024  
Approve  
Recommended Action:  
Attachments: 01092024 BCC Draft  
Approved as written  
24-0220  
6.B.  
Regular Meeting of January 23, 2024  
Approve  
Recommended Action:  
Attachments: 01232024 BCC Draft  
Approved as written  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
24-0193  
7.A.  
Indian River County Venue Event Calendar Review  
Informational item only, no Board action required  
Recommended Action:  
Attachments: March Event Calendar Review  
Chairman Adams highlighted the Firefighters Fair and the Livestock Show and  
Auction on the Calendar of Events.  
No Action Taken or Required  
24-0199  
7.B.  
Notice of Extension to Contract for Construction of Required Roadway  
Improvements (Re: Right-Of-Way Permit No. 2022031525) Restoration (Removal  
of Temporary Construction Entrance) Project, Lucaya Pointe Developer - GRBK  
GHO Lucaya Pointe  
Recommended Action:  
For Information Only  
Attachments: Staff Report  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
to approve the Consent Agenda as amended, pulling Item 8.T. for discussion.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0140  
8.A.  
8.B.  
8.C.  
8.D.  
8.E.  
Checks and Electronic Payments January 19, 2024 to January 25, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of January 19, 2024 to January 25, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0141  
Checks and Electronic Payments January 26, 2024 to February 1, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of January 26, 2024 to February 1, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0170  
Checks and Electronic Payments February 2, 2024 to February 8, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of February 2, 2024 to February 8, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0181  
Checks and Electronic Payments February 9, 2024 to February 15, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of February 9, 2024 to February 15, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0200  
Checks and Electronic Payments February 16, 2024 to February 22, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of February 16, 2024 to February 22, 2024  
Attachments: Comptroller Division Staff Report  
Approved  
24-0138  
8.F.  
Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report.pdf  
Accepted  
24-0139  
8.G.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 12/31/23  
Recommended Action:  
Accept the report  
Attachments: Comptroller Division Staff Report.pdf  
Accepted  
24-0190  
8.H.  
Quarterly OPEB Trust Report for Quarter Ending 12/31/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
24-0191  
8.I.  
Quarterly Investment Report for Quarter Ending 12/31/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
24-0109  
8.J.  
Approval of Modification #2 of Emergency Management Program Grant (EMPG)  
Federally-Funded Subgrant Agreement; Agreement Number G0371  
Recommended Action:  
Staff recommends the Approval of Modification #2 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 2  
Approved staff's recommendation  
24-0202  
8.K.  
Amendment No. 2 - FDEP Grant Agreement No. 19IR2 (Indian River County  
Hurricane Irma Recovery Project (Sector 7 Beach and Dune Restoration))  
Recommended Action:  
Staff recommends the Board approve FDEP Amendment No. 2 to FDEP LGFR  
Grant Agreement No. 19IR2 for the time extension through September 30, 2024, 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  
19IR2 Amendment No. 2 from the State, staff will transmit to the Clerk to the Board  
of County Commissioners for filing. County Staff will continue to work with the  
FDEP on Amendment No. 3 and the reallocation of Task funding which will be  
brought before the BCC for consideration when issued.  
Attachments: Staff Report  
Amendment No 2  
Approved staff's recommendation  
24-0175  
8.L.  
Award of RFP 2024018 for Environmental Land Acquisition Consultant Services  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award the RFP to  
NorthStar Contracting Group, Inc., LLC, approve the agreement, and authorize the  
Chairman to execute it, after review and approval by the County Attorney as to form  
and legal sufficiency.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
24-0194  
8.M.  
Resolution of the Board of County Commissioners Authorizing Funding for a Florida  
Inland Navigation District Waterways Assistance Program Grant for the Wabasso  
Causeway Park  
Recommended Action:  
Staff respectfully recommends that the Board approve the attached Resolution for the  
FIND 2024 Waterways Assistance Program Grant for the Wabasso Causeway Park  
Improvements Project.  
Attachments: Staff Report  
Resolution for Wabasso Causeway FIND WAP  
Grant Form  
Approved staff's recommendation and Resolution 2024-008, Florida Inland  
Navigation District Waterways Assistance Program Funding for Wabasso  
Causeway Park Phase I Design and Engineering of Wabasso Causeway Park  
Improvements.  
24-0195  
8.N.  
Work Order Number 26, Amendment No. 4 - Hosie Schumann Renovations,  
Restroom Connections and Utility Service Plans  
Recommended Action:  
Amendment No. 4 to Work Order Number 26, Kimley-Horn and Associates, Inc. -  
Continuing Engineering Services RFP 2018008, Amendment and Renewal No. 1 -  
Hosie Schumann Park Renovations, Restroom Connections, and Utility Service Plans  
Attachments: Staff Report  
Work Order 26 Amendment 4  
Approved staff's recommendation  
24-0196  
8.O.  
Bowman Consulting Group, Ltd. Work Order Number 3, RFQ 2023015 - Indian  
River Lagoon Greenway Boardwalk  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve Bowman  
Consulting Group, Ltd. Work Order Number 3 - Continuing Consulting Engineering  
Services RFQ 2023-015 for the Indian River Lagoon Greenway Boardwalk and  
authorize the Chairman to execute Work Order Number 3 after review and approval  
by the County Attorney.  
Attachments: Staff Report  
Bowman Work Order 3  
Approved staff's recommendation  
24-0208  
8.P.  
Request to Apply to Florida Blue Foundation for Teen Wellness Program  
Recommended Action:  
Staff respectfully recommend that the Board authorize staff to submit a grant proposal  
to the Florida Blue Foundation which, if awarded, will be brought back to the Board  
for approval.  
Attachments: Staff Report  
Florida Blue Foundation - Notice of Funding Availability  
IRC Grant Form  
Approved staff's recommendation  
24-0149  
8.Q.  
J. Richard Graves Marital Trust A & B’s Request for Affidavit of Exemption (AOE)  
Approval with Dedications to the County for the J.R. Graves AOE [AOE-22-07-02 /  
2022020085-92307]  
Recommended Action:  
Staff recommends that the Board of County Commissioners accept the dedication of  
the limited access easements and ROW and authorize the chairman to execute the  
J.R. Graves Affidavit of Exemption.  
Attachments: Staff Report  
Location Map  
AOE Layout Plan  
Approved staff's recommendation  
24-0201  
8.R.  
Gifford Youth Achievement Center, Payment for gymnasium roof replacement for  
major capital expenditures  
Recommended Action:  
Staff recommends approval of the transfer in the amount of $40,000.00 from the  
Renewal and Replacement Account 001-247021 to the Gifford Youth Achievement  
Center’s expense account 00111072-088820  
Attachments: Staff Report  
Lease Agreement, January 6, 1998  
Resolution 2002-100, November 19, 2002  
Lease Agreement November 19, 2002  
Proposal for roof repair  
Approved staff's recommendation  
24-0204  
8.S.  
North Sebastian Phase II Water and Sewer Project, FDEP Cost-Share Funding  
Agreement (LPQ 0019) Amendment No. 4, Project IDs: 21.17.513A and  
21.17.513B  
Recommended Action:  
Staff recommends the Indian River County Board of County Commissioners  
authorize the Director of Utility Services to execute the Florida Department of  
Environmental Protection, Grant Agreement LPQ0019 Amendment No. 4 and all  
necessary documents to effectuate the amendment.  
Attachments: Staff Report  
Amendment No 4 to Agreement No LPQ0019  
Approved staff's recommendation  
24-0206  
8.T.  
Work Order No. 9 to Kimley-Horn and Associates, Inc., Indian River Boulevard  
Pedestrian & Bicycle Access Improvements Utility Relocation Project, IRCDUS PID  
41.21.021  
Recommended Action:  
Staff recommends the Indian River County Board of County Commissioners approve  
Work Order No. 9 to Kimley-Horn and Associates, Inc. in the amount of $  
149,880.00, to provide engineering, design, permitting, and construction phase  
services related to utility conflicts for the Indian River Boulevard Pedestrian & Bicycle  
Access Improvements Utility Relocation Project. So long as there are no changes in  
the dollar amount under the amount approved, upon adequate completion of the work  
set forth in the work order, staff is directed to make final payments to Kimley-Horn  
and Associates, Inc. after review and approval by the Purchasing Manager and the  
County Attorney’s Office.  
Attachments: Staff Report  
WO No 9  
Commissioner Moss inquired about the width of the bicycle lane on the Indian River  
Boulevard Pedestrian and Bicycle Access Improvements Utility Relocation Project.  
County Administrator John Titkanich responded that the previously approved width  
was five feet. However, the seven-foot lane was subject to the availability of  
right-of-way. Due to conflicts with other utilities in the area, the County could not  
move forward with the wider width of seven feet.  
Acting Public Works Director Sean Lieske confirmed that the width of the  
right-of-way could not accommodate the seven-foot bike lanes, as there were  
drainage issues and other utility conflicts. He stated future projects, provided they  
had the right-of-way width to accommodate seven-foot bike lanes, would be  
evaluated.  
Discussion ensued between the Commissioners and Mr. Lieske on the intention to  
assess the feasibility of accommodating seven-foot bike lanes. If it was possible, the  
County would proceed with implementing them since that was the standard being  
aimed for. However, there were some limitations that could not be overcome, like  
canals, limited right-of-way, and utilities.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Nay:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and  
Commissioner Loar  
1 - Commissioner Moss  
24-0207  
8.U.  
West Wabasso Phase 3 Septic-to-Sewer Project, Saint Johns River Water  
Management District, Contract No. 36526 Amendment No. 3, IRCDUS PIDs  
21.21.512A and 21.21.512B  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the Director of  
Utility Services or designated representative to sign Contract No. 36526 Amendment  
No. 3 and all necessary documents to effectuate the grant time extension.  
Attachments: Staff Report  
Amendment No 3 to Contract No 36526  
Approved staff's recommendation  
24-0205  
8.V.  
Additional Service No. 5, for Additional Architectural Services - Sparc Design -  
New Clubhouse at Sandridge Golf Club  
Recommended Action:  
Staff recommends approving Additional Service No. 5 authorizing the $26,650  
increase to the contract with Sparcdesign and authorizing the Chairman to sign the  
Additional Service #5 on behalf of the Board. The new total contract price will be  
$754,705.  
Attachments: Staff Report  
Executed Agreement  
Add'l Service #1  
Add'l Service #2  
Add'l Service #3  
Add'l Service #4  
Add'l Service #5  
Approved staff's recommendation  
24-0217  
8.W.  
Upgrade of Seats for the New Golf Carts  
Recommended Action:  
Staff respectfully request that the Board of County Commissioners approve the  
purchase of the Custom Touring Seats for the Yamaha Golf Cart Fleet.  
Attachments: Staff Repot  
Sales Order  
Award of RFP  
Approved staff's recommendation  
24-0178  
8.X.  
Approval of Work Order 2 - Renovation Project for Fire Station 2  
Staff recommends that the Board authorizes approval of work order 2.  
Recommended Action:  
Attachments: Staff Report  
Work Order 2  
Approved staff's recommendation  
24-0179  
8.Y.  
Approval of Florida Inland Navigation District - Waterways Assistance Grant  
Recommended Action:  
Staff recommends that the Board authorize the submission of the Application for the  
Florida Inland Navigation District - Waterway Assistance Grant.  
Attachments: Staff Report  
Grant Application  
County Grant Form  
Station 2 Preliminary Drawing  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
24-0172  
10.C.1.  
Notice of Scheduled Public Hearing for Budget Amendment 03 for the March 19,  
2024 Board Meeting  
Recommended Action:  
No Action Needed  
Attachments: Staff Report  
County Attorney Bill DeBraal read the notice into the record.  
11. COUNTY ADMINISTRATOR MATTERS  
24-0145  
11.A.  
Building A and Parking Lot Use for Volunteers with Vero Beach Air Show  
Recommended Action:  
Staff recommends authorizing the use of the Indian River County Administration  
Complex parking lots and Building “A” by the Vero Beach Air Show volunteers to  
park and have access to shelter and restrooms during the May 2024 Vero Beach Air  
Show.  
Attachments: Staff Report  
County Administrator John Titkanich stated the United States Navy Blue Angels were  
returning to Vero Beach for the Vero Beach Air Show on May 4 - 5, 2024. They had  
requested the Board allow the air show volunteers to park and ride from the County  
Administration Complex, Building A. He stated the building would be open to help  
them get out of any inclement weather from 7:00 a.m. to 6:00 p.m., and all the other  
doors would be locked. Only the foyer area would be open with available access to  
the restrooms.  
There was no further discussion on the Item.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0230  
11.B.  
IRC School District Use of Commission Chambers  
Recommended Action:  
Grant approval to the School District of Indian River County the use of the Board  
Chambers for the purpose of the Superintendent’s Workshop and Awards Ceremony,  
School District’s Board meeting and a subsequent business meeting.  
Approval will  
include use of the Board Chambers during the hours of noon to 9pm. The use will be at  
no charge to the School District and will include staff to assist in operation of the  
equipment.  
Attachments: Staff Report  
Policy AM-608.1  
County Administrator John Titkanich stated that during the discussion at the BCC  
meeting on February 20, 2024, he had mentioned that he had verbally communicated  
to the School District's Superintendent they could use the Chambers for their  
workshop and award ceremony. This was due to the Election Day activities occurring  
at the school district headquarters. The purpose of this formal codification was to  
ensure consistency with the policy. The school district had stated that they would  
cover all costs, including an AV person to work in conjunction with the County AV  
staff. He requested the Board grant approval to the school district for the purpose of  
a superintendent workshop and award ceremony.  
Vice Chairman Flescher agreed that the workshop should be held in this governmental  
chamber due to its nature as a governmental entity.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
12. DEPARTMENTAL MATTERS  
A. Community Services  
B. Emergency Services  
C. Human Resources  
D. Information Technology  
E. Natural Resources  
F. Office of Management and Budget  
G. Parks, Recreation, and Conservation  
24-0192  
12.G.1.  
Consideration for Temporary Beach Access Permit for Dune Restoration Work -  
Tracking Station Beach Park  
Recommended Action:  
Staff respectfully request that the Board of County Commissioners consider the  
requested proposed herein and provide direction to Staff.  
Attachments: Staff Report  
Emergency Beach Access Agreement  
County Administrator John Titkanich referred to staff’s memo dated February 20,  
2024, regarding a request to close Tracking Station Beach Park for one week for  
a renourishment project at 965 Pebble Lane. However, some unique  
circumstances related to this request, including overlapping previously planned  
beach park closures, private construction nearby, and a lack of alternative beach  
access.  
Beth Powell, Director of Parks, Recreation & Conservation, informed the Board  
that they received a second request from another property owner for another  
beach access for around ten days. She stated there was no process for staff to  
approve or deny such requests. The timing of the Pebble Lane request was also  
not ideal due to the ongoing Sea Turtle nesting season and the need for additional  
staff to monitor the beach. Commissioners and staff discussed creating an  
application process for approval of requests that would require homeowners to  
“piggyback” on an existing County projects.  
Commissioner Loar stated in light of the issues, he motioned to deny the permit.  
Following the motion to deny, the discussion turned to the process required for  
the second property and how it differed from the first property.  
Eric Charest, Natural Resources Manager, stated that the second property had  
requested the beach closure for the installation of Dune Cores, which were  
designed to protect the property owner's dune. The project would require that the  
Dune Cores be covered by three feet of sand at all times and would need multiple  
maintenance events. However, this installation would also interfere with the Sea  
Turtle nesting season, and the County would have to bear the liability of any  
adverse impacts.  
Deputy County Administrator Mike Zito suggested having a policy that required  
contractors to "dovetail" or “piggyback” with an existing County project, and with  
reasonable notice. This would ensure that the County had all the necessary  
information to make an informed decision before approving a project application.  
Mr. Zito also emphasized the importance of considering the implications of private  
projects during sea turtle nesting season to avoid penalties from Florida Fish and  
Wildlife Conservation Commission (FWCC).  
Chairman Adams recommended holding the requests until a policy could be  
created. She did not see how the Board could vet these with all the variables  
today or anytime soon to give them definitive answers. A decision could not be  
made until a process was developed. She suggested there needed to be an  
application fee, mitigation, and definitive answers regarding the date and time  
frames of these requests in the future.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to deny the request for temporary beach access at Tracking Station  
Beach Park, and for staff to create a policy for future requests for beach  
closures. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
H. Planning and Development Services  
I. Public Works  
J. Utilities Services  
24-0211  
12.J.1.  
CR-612/8th Street Utilities Relocation at 74th Avenue Bridge, Notice of Intent  
#6 Sewer Line Delay, IRCDUS Project ID 41.20.502  
Recommended Action:  
Staff recommends that the Board of County Commissioners authorize the Indian  
River County Department of Utility Services to remit payment to Florida  
Department of Transportation in the amount of $235,325.81 for Notice of Intent  
#6 Sewer Line Delay from Cone & Graham, Inc., and authorize the Chairman to  
execute any related agreement, subject to legal department review, on their  
behalf.  
Attachments: Staff Report  
Utility Work Schedule  
DOT Letter re Notice of Non-Pursuit  
DOT Letter re Notice of Potential Delay  
IRCDUS Plan to Bring Dept into Compliance  
FDOT Invoice Letter  
Sean Lieske, Director of Utility Services, stated that the Florida Department of  
Transportation (FDOT) project to relocate a bridge at 8th Street and 74th  
Avenue required the relocation of a 24” force main sewer pipe. Indian River  
County Department of Utilities Services (IRCDUS) was granted the necessary  
permits to work in the jurisdictional waterway by the Department of  
Environmental Protection (DEP) and the US Army Corps of Engineers  
(USACE).  
He stated that on June 7, 2023, IRCDUS received two letters from FDOT  
expressing concerns about their ability to complete work within the signed Utility  
Work Schedule (UWS) timeframe. On June 12, 2023, IRCDUS submitted a plan  
to bring the project into compliance. On June 20, 2023, the Board of County  
Commissioners approved the bids from Core & Main and CK Contractors to  
complete the project. However, due to permitting delays, construction started  
later, causing a delay in the construction of the bridge pilings that conflicted with  
the 24” force main being relocated. Mr. Lieske stated that IRCDUS completed  
the force main relocation on September 18, 2023, with a net savings of  
$537,187.41.  
On January 29, 2024, FDOT assessed final charges of $235,325.81 to IRCDUS  
for delays to Cone & Graham. IRCDUS received the FDOT Invoice Letter for  
the IRC Force Main Conflict and Notice of Intent (NOI) #6 Resolution on  
February 20, 2024, requesting payment of $235,325.81 within thirty (30)  
calendar days.  
Commissioner Earman acknowledged miscommunication regarding the bridge but  
stated that it was completed and looked good. He added that other issues with  
the rest of the road would be addressed at a later date.  
A motion was made by Commissioner Earman, seconded by Commissioner  
Loar, to authorize payment of $235,325.81 from the Indian River County  
Department of Utility Services to the Florida Department of Transportation.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
13. COUNTY ATTORNEY MATTERS  
24-0203  
13.A.  
22 Beachfront Litigation Update  
Recommended Action:  
Staff request the Board to determine which action they would like to take moving  
forward.  
Attachments: Staff Report  
Memorandum from Outside Council  
Final Order  
Deputy County Attorney Susan Prado provided an update on the 22 Beach Front  
Customary Use Litigation case that began in October 2018. She stated a final order  
had been issued. However, due to the manner in which the final order was rendered,  
the County Attorney's office was seeking guidance from the Board on how to  
proceed. Ms. Prado further explained that the County Attorney's office and outside  
Counsel did not recommend an appeal as it would not be advantageous to the  
County. She stated that settling the case would involve paying only the costs awarded  
in the order, which amounted to approximately $35,000 for the respondent in this  
case.  
There was no further discussion on the Item.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve outside Counsel to move forward with settling the  
Twenty-two Beach Front litigation case. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0213  
13.B.  
Manufacturers and Retail Opioid Class Action Settlement Payouts  
Recommended Action:  
The County Attorney’s Office recommends that the Board discuss the payouts and  
allotments from the Retail and Manufacturers Settlements.  
Attachments: Staff Report  
Retail Settlement Exhibit A  
Manufacturers Settlement Exhibit B  
County Attorney Bill DeBraal provided a brief history on the opioid crisis. To help  
public entities affected by the opioid crisis, the Attorney General's office offered to act  
as a broker and negotiate deals on their behalf with cities, counties, hospital districts,  
and others. Major retailers and distributors, such as CVS, Walmart, and Walgreens,  
settled to assist local governments affected by the opioid crisis. He stated the class  
action suit was settled, and the County received two payouts from the opioid class  
action settlements.  
Attorney DeBraal responded to Chairman Adams's question and stated the funds  
could only be used for anything related to Opioid Use Disorder (OUD). He further  
noted that any money allotted to the County could be rolled over to the following  
fiscal year. He stated the County’s first payout from the Retail Settlement was  
$139,604.16, which was paid in December 2022. The Retail Settlement for Fiscal  
Year 2023-24 of $305,751.08 was paid in December 2023, and payment would  
continue until 2039. He presented to the Board Exhibit A, showing the City/County  
funding projections, and Exhibit B, showing the allotment payout over the next 18  
years.  
Cynthia Ryan, Executive Director of the Veterans Council, urged the County  
Commissioners to consider veterans when allocating opioid settlement funds. Over  
10% of the population in Indian River County are veterans, and they face complex  
issues related to their combat service, increasing the risk of opioid misuse.  
Combat-wounded veterans are particularly susceptible to opioid misuse, with  
overdose deaths increasing by 53% from 2010 to 2019. The council provided  
programs ranging from case management to outreach and advocacy to address  
diverse needs and connect veterans with vital resources.  
Attorney DeBraal responded to Commissioner Moss’s question that the 19th Circuit  
Drug Court would encompass the Veterans Court and anyone qualified for  
Alternative Court programs.  
No Action Taken or Required  
24-0221  
13.C.  
Additional Allotment of Opioid Class Action Lawsuit Settlement Payout from  
Manufacturers Settlement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners discuss the recommended allotments made by the Public  
Safety Council for Criminal Justice, Mental Health and Substance Abuse and allot the  
funds as the Board deems appropriate.  
Attachments: Staff Report  
Commissioner Loar inquired about the eligibility criteria for attending the Public Safety  
Council for Criminal Justice, Mental Health and Substance Abuse (Council) meetings  
and who would be entitled to the funds. Other organizations may also be interested in  
receiving a share of the funds, and the Board relied on the Council's recommendations  
for distributing funds. In response, Vice Chairman Flescher explained that the Council  
was an appointed committee, but members of the public were also welcome to  
attend. The Council heard presentations related to the settlement from both members  
and non-members. Vice Chairman Flescher also mentioned that if the Veterans  
Council had participated in the meeting, they could have applied for a portion of the  
funds.  
Chairman Adams stated that the Board had discussed the need for a Needs  
Assessment after evaluating where to allocate funds and supported the Council's  
recommendations. She favored funding the Needs Assessment as it would provide the  
necessary data. She stated the Board needed a straightforward process similar to the  
Tourist Development Council (TDC) or the Children's Services Advisory Council  
(CSAC). The Board was tasked with using the funds appropriately and the need to  
monitor their performance since the funds would diminish over the next 18 years. She  
agreed with Vice Chairman Flescher that the Council had done an excellent job with  
limited information and ever-changing parameters.  
County Attorney Bill DeBraal reported that the Council held its quarterly meeting on  
February 23, 2024, and discussed the distribution of a $99,139.70 surplus from the  
Manufacturer's Settlement. He stated the Council recommended allotting $60,000 to  
the Substance Awareness Council for a needs awareness study and adding a  
dashboard. The remaining $39,139.70 would be rolled over to FY 2024-25.  
Carrie Lester, Executive Director of the Substance Abuse Awareness Center  
(Center), stressed the need for a live dashboard. She believed monitoring progress in  
real-time and making data-driven decisions for the next 17 years was crucial. She  
called for a coordinated effort to enable the Center to track progress and take  
necessary actions.  
A motion was made by Commissioner Loar, seconded by Commissioner Earman,  
to allow the additional allotment of $60,000 to the Substance Abuse Awareness  
Center to expedite the Needs Awareness study and the creation of the  
dashboard. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
14. COMMISSIONERS MATTERS  
A. Commissioner Susan Adams, Chairman  
24-0185  
14.A.1.  
County Attorney Recruitment Process - Salary Range and Use of Recruiter  
Request discussion and support.  
Recommended Action:  
Chairman Adams presented a salary study conducted by the Florida Association  
of County Attorneys, which compared the salaries of attorneys and staff in  
different counties and jurisdictions. She noted that the lead Attorney in Indian  
River County earned $202,000, and there were two other Attorneys, two  
Paralegals, and one Administrative Assistant in the attorney's office. Adams  
compared these numbers with the staff and salaries in similar counties and  
jurisdictions.  
The topic of selecting a recruiting agency was discussed. 1) Strategic Government  
Resources (SGR) and Assistant Services through the Florida Association of  
County Attorneys. SGR had proposed a complete recruitment service for a cost  
of $27,150; and 2) The Florida Association of County Attorneys offered a flat fee  
of $5,000. They would assist with job description creation, vetting, and review  
process, but this option would require more input from the Board. Each  
Commissioner added their comments, resulting in a consensus to hire SGR to  
recruit the new County Attorney, with Commissioner Loar expressing his  
reluctance.  
Deputy County Attorney Susan Prado emphasized the need to consider the  
candidate's financial capacity while hiring, as the County had a higher cost of living  
than neighboring counties.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Earman, to approve the SGR proposal. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
B. Commissioner Joseph E. Flescher, Vice Chairman  
24-0215  
14.B.1.  
Request from the Tourist Development Council for Allocation of Funds to Play  
Treasure Coast Sports Tourism  
Recommended Action:  
Discussion  
Attachments: Commissioner's Memo  
Vice Chairman Flescher expressed his gratitude for the chance to present this item  
to the Board for consideration and approval. He stated that Play Treasure Coast  
Sports Tourism (organization) had approached the Tourist Development Council  
(TDC), requesting an additional $220,000 in funding after unexpected  
opportunities had come about. This would allow the TDC to make the most of  
the tourism dollars allocated for "heads to beds".  
Rick Hatcher, President of Play Treasure Coast Sports Tourism, presented a  
PowerPoint highlighting upcoming events sponsored by the organization,  
projected room nights, and estimated economic impact. Mr. Hatcher requested  
at the last TDC meeting to consider hosting several events in Indian River County.  
He stated there were two unexpected events. First, the American Junior Golf  
Association (AJGA) tournament; the request had come after organizations budget  
had already been set and approved. It would feature 150 top high school players  
from around the country. The AJGA had scheduled the tournament a day earlier  
than usual, followed by the Florida State Golf Association (FSGA) tournament.  
The second event was the General Tire Team Series Championship, where the  
top 30 anglers from across the country would compete in a made-for-television  
event.  
Mr. Hatcher responded to Commissioner Moss’s inquiry that the organization did  
not have reserve funds from which to draw and did not actually hold the money.  
Chairman Adams clarified to Commissioner Moss that the Treasure Coast Sports  
grant money was used to bid for sporting events, which brought economic  
benefits to the County. The TDC had a program for the events they bid on, such  
as the shooting event, which present a mid-year opportunities due to the area's  
excellent resources. Vice Chairman Flescher stated the funds come from tourism  
and are only used when necessary. Approval on this Item was needed to bid on  
the two events, and if successful, the funds would be available. If not, they would  
be returned to the contingency fund.  
Deputy County Administrator Mike Zito stated the fishing event was unique and  
deserved special consideration. Other events generate venue fees for County  
facilities such as the golf course, pools, and park system. These events were  
vetted through the budget office, reviewed, and approved by the County  
Administrator's office. The system for reimbursing these events was tightly  
managed and successful.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve the Tourist Development Council's request to allocate  
$20,000 of funds to Play Treasure Coast Sports Tourism. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
Chairman Adams called for a recess at 11:17 a.m and reconvened the meeting at  
11:25 a.m. with all members present.  
C. Commissioner Joseph H. Earman  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
24-0224  
14.E.1.  
Request from Vero Beach Film Festival to use Commission Chambers from April  
12-14, 2024 (continued from February 20, 2024)  
Recommended Action:  
Discussion  
Attachments: Commissioner's Memorandum  
Commissioner Moss reopened the discussion from a previous Board meeting on  
allowing the Vero Beach Film Festival (VBFF) to use the Commission Chambers  
for their event. She stated staff had not yet concluded their review of the  
administrative policy on the use of the Chambers for non-governmental events,  
and the Board was still operating under the current policy, which allowed for  
non-governmental use of the Chambers on a case-by-case basis.  
Commissioner Moss acknowledged the economic benefits that sporting events  
brought to the County but also emphasized the value of cultural events in  
generating tourist tax dollars. She expressed her support for the VBFF, which had  
used the facility for the past two years without any issues and had been a valuable  
contributor to the County's tourism industry.  
Vice Chairman Flescher refuted Commissioner Moss's claim that the VBFF  
generated tourist tax dollars. He stated no entity had assessed these dollars as  
"heads-to-beds." There had been no organized calculation of tourist tax dollars  
from the VBFF. He stated the Treasure Coast Sports Commission had a  
dashboard and collected data from every hotel to present to the Chamber of  
Commerce. This process began in 2007, and it had been discussed that all entities  
should be doing something similar to show where revenue was generated and its  
outcome. He stated he did not want the public to be misled into thinking that this  
event was in any way related to tourism.  
A motion was made by Commissioner Moss to allow the Vero Beach Film  
Festival to use the Chamber on April 13-14, 2024. The motion failed for lack of  
a second.  
After the motion failed, further discussion was had between the Board and staff,  
with Commissioner Earman in favor of the VBFF utilizing the Chambers this time  
only. County Administrator John Titkanich stated that the Chamber had a level of  
sanctity and should only be utilized for government-related purposes. The  
proposed policy change aimed to prevent the use of the Chamber by  
non-government agencies or organizations not associated with a government  
agency was expected within the next few weeks.  
A motion was made by Commissioner Earman, seconded by Commissioner  
Moss, to allow the Vero Beach Film Festival to use the Chamber on April  
13-14, 2024. The motion failed by the following vote:  
2 - Commissioner Earman, and Commissioner Moss  
Aye:  
Nay:  
3 - Chairman Adams, Vice Chairman Flescher, and Commissioner Loar  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services 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.  
B. Solid Waste Disposal District  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Solid Waste Disposal District Meeting Minutes of January  
9, 2024 and January 23, 2024, as written. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0219  
15.B.1.  
Approval of SWDD Meeting Minutes of January 09, 2024  
Approve  
Recommended Action:  
Attachments: 01092024 SWDD Draft  
Approved as written  
24-0222  
15.B.2.  
Approval of SWDD Meeting Minutes of January 23, 2024  
Approve  
Recommended Action:  
Attachments: 01232024 SWDD Draft  
Approved as written  
24-0209  
15.B.3.  
Twenty-Third Amendment and Extension to Republic Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
Twenty-Third Amendment to Republic Services; and authorize the Chairman to  
execute the agreement.  
Attachments: Staff Report  
Twenty Third Amendment to Republic Services  
There was no discussion on this Item  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0210  
15.B.4.  
Final Pay to Kimley-Horn and Associates for Work Order No. 56 - Fiscal Year  
2022 Full Cost Accounting and Financial Assurance Reports  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve KHA’s  
final invoice amount of $3,075.00  
Attachments: Staff Report  
Project Completion Report and Final Invoice  
There was no discussion on this Item.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0212  
15.B.5.  
Request for a Special Call Meeting for the Solid Waste and Recyclables  
Collection Services (RFP #2024020)  
Recommended Action:  
As per the recommendations listed on the staff report  
Attachments: Staff Report  
Solid Waste Disposal District Managing Director Himanshu Mehta requested the  
Solid Waste Disposal District (SWDD) Board approve a Special Call Meeting,  
which would be held on Wednesday, March 20, 2024, at 1:00 pm in the County  
Commission Chambers. He stated the purpose of holding this meeting was to  
provide the following information: 1) to provide a summary of the results of the  
RFP Number 2024024 selection committee; 2) to obtain input and  
recommendations from the selection committee; 3) To obtain public input  
regarding the four options for providing garbage, yard waste and bulk services in  
Indian River County's unincorporated areas; and 4) to obtain the SWDD Board's  
decision on which of the four options for the Solid Waste and Recyclables  
Collection Services Franchise they wished to pursue. Mr. Mehta utilized a  
PowerPoint presentation to show the updated timeline for the process of  
awarding the contract. He stated over 87,000 postcards would be sent to inform  
residents of the meeting. The funding for this effort had been approved in  
SWDD's current fiscal year 2023/2024 budget.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve the Special Call meeting on Wednesday, March 20, 2024.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:14 pm