Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.ircgov.com  
Board of County Commissioners  
Joseph H. Earman, District 3, Chairman  
Susan Adams, District 1, Vice Chairman  
Joseph Flescher, District 2  
Deryl Loar, District 4  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, December 13, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
2 ROLLCALL  
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  
Pastor Gregory Sempsrott, Vero Bible Fellowship  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams, Vice Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Chairman Earman asked for the Board's consideration to add Item 14.A.1.  
Residency Requirements and Salary for New County Administrator.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to add Item 14.A.1. Residency Requirements and Salary for New County  
Administrator to the Agenda. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
MOVED: Item 15.A.1. to be heard following the Consent Agenda.  
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  
22-1009  
5.A.  
Presentation by Marc Seagrave of Florida City Gas re: Status of Beachside Project  
Marc Seagrave, Senior Director Strategy & Business Development, Florida City Gas  
(FCG), introduced Forrest Smalley, Business Development Manager and Tim  
Knutson, Senior Customer Advisor. He spoke of FCG plans to extend natural gas  
service to the barrier island and their contract with Peninsula Pipeline to build an 11.5  
mile intrastate pipeline extension under the Indian River Lagoon to the barrier island  
and provided a general project description. He concluded that FCG would be  
coming before the Board in the near future to discuss the distribution of renewable  
natural gas in the County. He stated if all goes to plan, Indian River County would be  
the first to be supplied from the capture of methane gas from the landfill.  
Presented  
22-1079  
5.B.  
Presentation from Florida Power & Light Company re: Storm Secure Underground  
Program Overview  
Michele Murrell, External Affairs for Florida Power & Light (FPL), gave an overview  
of FPL Storm Secure Underground Program (SSUP) to help enhance the reliability of  
service, and speed the restoration of power. She introduced Amy Bonilla who would  
be leading the program in Indian River County.  
Ms. Amy Bonilla, FPL Customer Outreach Leader, in a PowerPoint presentation,  
went over FPL's initiatives that fall under the SSUP and pointed out there was no  
upfront costs to their customers to receive this benefit. She stated the number one  
cause of power outages during Hurricane Irma was due to vegetation issues, noting  
the core of the SSUP was specifically targeted to benefit those customers and  
neighborhood electric lines. She informed the Board that portions within Indian River  
County had met FPL's specific liability criteria necessary to allow this FPL benefit to  
the residents. She detailed the specific criteria over a time period that allowed FPL to  
rank properties in order to bring the power lines underground and the process.  
Ron Edgecomb, Lead Project Manager, discussed obtaining the necessary easements  
and detailed the construction to bring the lines underground. He stated the method of  
construction used was done in a way there would be no impact to the customer's  
property.  
Commissioner Flescher provided feedback on FPL's SSUP which had been done in  
Sebastian.  
Presented  
6. APPROVAL OF MINUTES  
22-1073  
6.A.  
Regular Meeting of September 20, 2022  
Approve  
Recommended Action:  
Attachments: 09202022 BCC Granicus  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Minutes of the Regular Meeting of September 20, 2022 as  
presented. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-1053  
7.A.  
Closure and Collection Service Changes for the Christmas and New Year's Day  
Holidays  
Recommended Action:  
For informational purposes only - no action required  
Attachments: Staff Report SWDD  
Susan Flak, Recycling Education and Marketing Coordinator for the Solid Waste  
Disposal District, presented the Holiday Garbage and Recycling Service Schedule.  
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 amended, pulling Items 8.L. and 8.M.  
for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
22-1010  
8.A.  
8.B.  
8.C.  
Checks and Electronic Payments November 4, 2022 to November 10, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 4, 2022 to November 10, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-1011  
Checks and Electronic Payments November 11, 2022 to November 17, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 11, 2022 to November 17, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-1027  
Checks and Electronic Payments November 18, 2022 to November 24, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 18, 2022 to November 24, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-1054  
8.D.  
Checks and Electronic Payments November 25, 2022 to December 1, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 25, 2022 to December 1, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-1045  
8.E.  
8.F.  
8.G.  
Quarterly OPEB Trust Report for the Quarter Ending 09/30/22  
Accept the report.  
Recommended Action:  
Attachments: Investment Committee OPEB Report  
Accepted  
22-1046  
Quarterly Investment Report for the Quarter Ending 09/30/22  
Accept the report.  
Recommended Action:  
Attachments: Investment Committee Report  
Accepted  
22-1047  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 09/30/22  
Recommended Action:  
Accept the report.  
Attachments: Finance Department Staff Report  
Accepted  
22-1069  
8.H.  
Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/22  
Accept the report.  
Recommended Action:  
Attachments: Finance Department Staff Report  
Accepted  
22-1070  
8.I.  
Internal Audit Division Annual Report  
Accept the report.  
Recommended Action:  
Attachments: 2022 Internal Audit Report  
Accepted  
22-0904  
8.J.  
Fourth Modification of the Agreement with the Environmental Learning Center for the  
Replacement of the Main Dock  
Recommended Action:  
Staff respectfully recommends that the Board approve the fourth  
modification to the Lease between the Board of County Commissioners and  
the Environmental Learning Center, and adopt the corresponding  
Resolution, and authorize the Chairman to execute said documents.  
Additionally, staff respectfully requests authorization for staff to apply for  
additional funds through the FIND 2023 Waterway Assistance Program.  
Finally, staff recommends the Board reject the bids submitted in response to  
invitation to bid 2022065.  
Attachments: Staff Report  
Fourth Modification to Lease  
ELC 2022 Draft resolution  
Approved staff's recommendation and Resolution 2022-099, authorizing  
application for the Florida Inland Navigation District Waterways Assistance  
Program for the Environmental Learning Center Main Dock replacement project;  
and providing for an effective date.  
22-1065  
8.K.  
Ansin Riverfront Conservation Area Proposed FPL Easement  
Recommended Action:  
Staff respectfully requests that the Board approve the Easement and authorize the  
Chairman to sign the FPL Underground Easement (Business), which will provide FPL  
authorization for use of the 100ft2 easement area within the Ansin Riverfront  
Conservation Area.  
Attachments: Staff Report  
Underground Easement  
Exhibit A - Sketch and Description  
Approved staff's recommendation  
22-1030  
8.L.  
Award of Bid 2023014 for County Beach Parks Post Hurricane Emergency Dune  
Repairs  
Recommended Action:  
Staff recommends the Board award Bid 2023014 to Guettler Brothers Construction,  
LLC, approve the sample agreement, and authorize the Chairman to execute the  
agreement after approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Commissioner Flescher requested discussion on the post hurricane emergency dune  
repairs at the County Beach Parks.  
County Administrator Jason Brown briefed the Board of the bid award to Guettler  
Brothers Construction, LLC. to restore the dunes at six of the eight County Beach  
Parks and he informed the Board seven of the eight parks were opened. He stated  
there was significant damage at the Tracking Station and that it was currently closed.  
He added the Tracking Station would be added to the top of the priority list for  
repairs in order to get the beach park back open.  
A discussion followed on the dune repairs being completed prior to Turtle Season and  
funding.  
A motion was made by Commissioner Flescher, 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  
22-1043  
8.M.  
American Rescue Plan Act of 2021 - Low Income Housing Tax Credit (LIHTC)  
award recommendation.  
Recommended Action:  
Staff and the Loan Review Committee recommend that the Board of County  
Commissioners offer $340,000 from the Indian River County Low Income Housing  
Tax Credit (LIHTC) program as a matching contribution to the HTG Vero Shores  
project proposed by the Housing Trust Group, LLC on the condition that it is formally  
selected as a 9% LIHTC awardee (2022-201 RFA).  
Attachments: Staff Report  
Grant Application Package  
Commissioner Moss recalled the Board approved the American Rescue Plan's Low  
Income Housing Tax Credit (LIHTC) program in July 2022, and directed staff to  
begin implementation of the program. She indicated Housing Trust Group, LLC,  
submitted an application to develop low income affordable multi-family units intended  
for the senior demographic. She thanked Community Development Director Phil  
Matson, Chief of Long Range Planning John Stoll, and Planning Assistant Bill Collins  
for their efforts with the program.  
Director Matson thanked Commissioner Moss for the kind words and he planned to  
work closely with the community to make sure that only a product that serves the  
community is delivered.  
A motion was made by Commissioner Moss, 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  
22-1052  
8.N.  
Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 55, 66th  
Avenue Phase II Roadway Improvements - Utility-Related Work  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the payment in  
the amount of $21,500.00, which represents final payment of Work Order No. 55 to  
Kimley-Horn & Associates, Inc.  
Attachments: Staff Report  
Invoice No 22901249  
Approved staff's recommendation  
22-1068  
8.O.  
Memorandum of Understanding with Bridge MP Partners, LLC for Former Bristol  
Bay Site  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Memorandum of  
Understanding with Bridge MP Partners, LLC and authorize the Chairman to execute  
the Memorandum on behalf of the Board.  
Attachments: Staff Report  
Memorandum of Understanding  
Approved staff's recommendation  
22-1080  
8.P.  
Utility Work By Highway Contractor Agreement (at FDOT Expense) with FDOT for  
the Extension and Relocation Services of Utility Main Lines for the Interchange at  
I-95 and Oslo Road  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Florida  
Department of Transportation - Utility Work by Highway Contractor Agreement (at  
FDOT Expense), and authorize the Chairman to execute and sign on their behalf  
Attachments: Staff Report  
Contractor Agreement  
Approved staff's recommendation  
22-1081  
8.Q.  
Utility Work By Highway Contractor Agreement with FDOT for the Relocation  
Services of Utility Main Lines for the Oslo Road Widening from SW 82nd Avenue to  
58th Avenue  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Florida  
Department of Transportation - Utility Work by Highway Contractor Agreement, and  
authorize the Chairman to execute and sign on their behalf  
Attachments: Staff Report  
Contractor Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
22-1008  
9.A.  
Indian River County Supervisor of Elections Leslie Swan re: request for revenue  
received from conducting the November 8, 2022 municipal elections be rolled into the  
Supervisor of Elections 2022/2023 budget.  
Recommended Action:  
Approve  
Attachments: Reimbursement of City Revenues  
Supervisor of Elections Leslie Swan came before the Board to request the revenue  
received from conducting the November 8, 2022 municipal elections be rolled into the  
Supervisor of Elections' 2022/2023 budget.  
Ms. Swan announced the Supervisor of Elections would be conducting a mail-in  
ballot election on January 24, 2023, for those residents that reside within the Town of  
Indian River Shores and were registered to vote. She indicated the reason the  
election could be done by mail was because there were no candidates, only eleven  
Charter amendment questions.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to approve the request to roll $37,439.00 of revenue from conducting the  
November 8, 2022 municipal elections into the Supervisor of Elections' 2022/2023  
budget. 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  
NOTICE OF PUBLIC HEARINGS IS ON FILE IN THE OFFICE OF THE  
CLERK TO THE BOARD  
22-1044  
10.A.1  
County Initiated Request to Amend the 5 Year Capital Improvements Program  
and the Capital Improvements Element of the Comprehensive Plan for the Period  
of FY 2022/23-2027/27 (Legislative)  
Recommended Action:  
Based on the analysis conducted, staff recommends that the Board of County  
Commissioners approve the update to the 5 Year Capital Improvements Program  
for the period FY 2022/23-2026/27 and supporting data and analysis of the  
Capital Improvements Element (CIE) of the Comprehensive Plan by adopting the  
proposed ordinance.  
Attachments: Staff Report  
Comprehensive Plan Text Amendment Adoption Ordinance  
Draft 2022 Capital Improvement Element  
Strikethough and Underline Version of CIE  
5-Year Schedule of Capital Improvements  
Appendix B-D  
Chief of Long Range Planning John Stoll, in a PowerPoint presentation, reviewed  
the purpose of Comprehensive Plan Text Amendment, the Capital Improvements  
Element (CIE) adoption process, and indicated unlike other elements, the CIE  
must be amended every year in accordance with state regulations. He mentioned  
the total five year Capital Improvements Plan (CIP) expenditures increased by  
4% from $456,310,360 to the proposed $474,689,529 and noted  
Transportation was the largest category of total expenditures. Chief Stoll stated in  
the year 2016, the Board directed staff to commit to spending 20% of the  
proceeds of the first five years of the extended one-cent local option sales tax on  
lagoon-related projects and reviewed the Lagoon Benefiting Projects.  
Community Development Director Phil Matson, in response to a question by  
Commissioner Moss, explained the difference in the level-of-service "D", "E", "B",  
and "C" for traffic circulation.  
Vice Chairman Adams sought and received confirmation from Public Works  
Director Richard Szpyrka that the North Indian River Drive Stormwater Project  
was located between Indian River Drive and Old Dixie, south of Roseland Road.  
Chairman Earman opened the Public Hearing. There being no speakers, the  
Chairman closed the hearing.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendations and adopt Ordinance 2022-015,  
amending the text of the Comprehensive Plan's Capital Improvements  
Program (CIP) schedule and related data and analysis sections; and  
providing severability and effective date. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
22-1049  
10.A.2  
Request from East Coast Ambulance, LLC., for a Class "B" Certificate of Public  
Convenience and Necessity to Provide Non-Emergency Ambulance Inter-Facility  
Transports Originating from Indian River County and Class "C" Non-Emergency  
Inter-Facility Transports Requiring a Physician's Order - ADMINISTRATIVE  
Recommended Action:  
Staff recommends that the Board approve and grant a Class "B" and Class "C"  
COPCN to East Coast Ambulance, LLC for a period of two (2) years.  
Attachments: Staff Report  
Application East Coast Ambulance, LLC  
Director of Emergency Services David Johnson was present to answer any  
questions. There was no discussion on this item.  
Chairman Earman opened the Public Hearing. There being no speakers, the  
Chairman closed the hearing.  
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  
22-1057  
10.A.3  
Biosolids Moratorium Extension Ordinance - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the draft ordinance.  
Attachments: Staff Report  
Ordinance Extension  
County Attorney Dylan Reingold presented a draft ordinance consistent with  
Senate Bill (SB) 712, extending the Biosolids Moratorium until January 1, 2024.  
Commissioner Moss wanted to see something permanent on restricting the land  
application of Class B Biosolids, than to extend the moratorium each year.  
In response, County Attorney Reingold stated if the Board was interested in  
exploring more expansive options, he would be happy to research the issue.  
Vice Chairman Adams recalled when the statute was passed, the County already  
had a moratorium in place and hence the reason the Board continued to extend  
the moratorium versus putting an ordinance into place. She explained going from  
a moratorium to an ordinance that was not in place when the statute was created  
would be counter to the statute.  
Chairman Earman opened the Public Hearing.  
David Cox, representing the Indian River Soil and Water Conservation District  
(IRSWCD), stated the IRSWCD was in support of extending the moratorium for  
another year. He felt sooner or later the Board would need to codify the  
ordinance to allow the County to regulate the land application of Class B  
Biosolids.  
County Attorney Reingold, in response to Mr. Cox, clarified that there were two  
aspects of the moratorium, the land application of biosolids and the transportation  
of materials to County facilities consistent with the regulations in place. He went  
on to say that the State had given the local governments who had previously  
adopted a moratorium the ability to continue moratoriums in the future.  
Mr. Joseph Paladin, representing the Indian River Neighborhood Association  
(IRNA), stated their support for extending the moratorium.  
There being no further speakers, the Chairman closed the hearing.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendation and adopt Ordinance 2022-016,  
authorizing an extension of the temporary moratorium for an additional 1  
year, or until a comprehensive review of the impact on the County's  
ecosystem is completed, within the unincorporated areas of Indian River  
County prohibiting land application activities of Class B Biosolids; providing  
for additional study and possible regulation of Class B Biosolids application  
activities; providing for exhaustion of administrative remedies; and providing  
for severability, repeal of conflicting provisions, and an effective date. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
22-1058  
10.A.4  
Public Hearing to Consider a Resolution Electing to Use the Uniform Method for  
the Levy, Collection and Enforcement of Non-Ad Valorem Assessments for  
Street Paving in the Oslo Park Area - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the draft resolution and the draft agreement with the Tax  
Collector and Property Appraiser.  
Attachments: Staff Report  
Resolution Oslo Park MSBU  
Affidavit of Publication - MSBU Oslo Park Paving Reso  
County Attorney Dylan Reingold recalled the Board last year initiated the process  
of creating a Municipal Service Benefit Unit (MSBU) for the Oslo Park area to  
raise funds for future road paving projects; however, due to the expected time of  
the project the Board deferred taking action. He stated staff would like to move  
forward with initiating the assessment process under section 197.3632, Florida  
Statutes allowing for the assessments to be collected on the tax bills that go out in  
the fall of 2023, noting the assessment amount remained unchanged from last  
year. He concluded with a review of the process going forward.  
Chairman Earman opened the Public Hearing. There being no speakers, the  
Chairman closed the hearing.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve staff's recommendation and Resolution 2022-100,  
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 street paving in the Oslo Park Area. 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  
22-1059  
10.B.1  
Request to Speak from Small Business Administration--Office of Disaster  
Assistance re: Informational Update on Available SBA Disaster Assistance  
Resources--Economic Injury  
Attachments: Public Discussion Request SBA Disaster Assistance  
Sandra Lawson with the Small Business Administration (SBA) - Office of  
Disaster Assistance out of Atlanta, Georgia, spoke on the SBA Economic Injury  
Assistance program available to small businesses and private non-profits located  
in a declared disaster area. They were eligible to apply for disaster assistance  
through SBA's online application process. She mentioned that the SBA worked  
hand in hand with the Federal Emergency Management Agency (FEMA).  
No Action Taken or Required  
22-1074  
10.B.2  
Request to Speak from Mr. Douglas DeMuth re: City of Vero Beach New  
Wastewater Plant Project  
Recommended Action:  
No action required  
Attachments: Public Discussion Request D. DeMuth  
Douglas DeMuth, South Beach resident, followed up on the City of Vero Beach's  
(City) new Wastewater Plant Project and the resident's concerns in regard to  
water and sewer service. He felt the City needed to provide to the public a  
detailed project cost, its degree of accuracy, and its impact on future rates. He  
also felt that the City should provide the public with current plant demolition and  
site remediation costs and questioned when would these costs be added to the  
rate estimates. He asked that the Board look into the matter and notify the County  
rate payers of their future rates, and for County staff to revise their previous South  
Beach connection estimates for the southern wastewater treatment plant, and  
provide a rate increase projection for that service. He furthered discussed the  
franchise agreement, franchise fees, and equalization charges.  
Mr. DeMuth requested the Board form a Blue Ribbon Committee to assess the  
City's water and sewer service situation, the potential impacts of their wastewater  
treatment plant on the unincorporated rate payers, and recommendations for  
remedies. He asked that the Board be clear with County rate payers through a  
published report on what was transpiring with the water and sewer rates, and  
what could be done to ensure the City's rates were fair, transparent, and  
predictable.  
County Attorney Dylan Reingold commented that the City's staff along with  
County staff have been working hard to come up with a franchise agreement, and  
anticipated bringing back an agreement to the January 17, 2023 meeting. He  
read an email from the City's Manager Monte Falls, for clarification on the  
franchise fee and equalization charge issue.  
A discussion followed on the franchise fees among Mr. DeMuth, County Attorney  
Reingold, and County Administrator Jason Brown. County Administrator Brown  
clarified the franchise fees were not set aside for the City's utility issues, but put in  
place to offset property taxes in the unincorporated area. Mr. DeMuth concluded  
there had not been a franchise fee agreement since 2017, and felt the fees should  
be returned back to the rate payers.  
No Action Taken or Required  
The Chairman called for recess at 10:47 a.m., and reconvened the meeting at 11:00  
a.m., with all members present.  
22-1075  
10.B.3  
Request to Speak from Bill Rigby re: Community Development District  
No Action Required  
Recommended Action:  
Attachments: Public Discussion Request B. Rigby 12.13.22  
Bill Rigby, Vice President of the West Wabasso Civic Club (Civic Club), came  
before the Board requesting an opportunity for the Civic Club to sit down with the  
County to discuss the Community Development District (CDD) process. He also  
asked for the Board's consideration to change the name of the Douglas Subdivision  
formerly known as "Colored School Subdivision", to the West Wabasso Black Wall  
Street Subdivision.  
Chairman Earman extended an invitation to Mr. Rigby to sit down and discuss the  
issues.  
A discussion ensued between Commissioner Flescher and Mr. Rigby on Liberty Park  
CDD and a feasibility study. County Attorney Reingold, in response to a public  
record request made by Mr. Rigby for a copy of the invoice, a petition to establish a  
LP CDD, and a feasibility study, stated there was statement of regulatory cost which  
contained a lot of information similar to a feasibility study in the petition to establish a  
LP CDD. He concluded that a copy of information Mr. Rigby had requested was  
awaiting for pickup and noted all the information he had requested except the invoice  
was also available online as part of the October 18, 2022 agenda packet.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
County Attorney Dylan Reingold read the notices into the record.  
22-1055  
10.C.1  
Public Notice of Public Hearing for December 20, 2022, to Consider an  
Ordinance Prohibiting Certain Smoking Activities at County Owned Parks  
Attachments: Staff Report  
Affidavit of Publication - Park Smoking Ordinance – Public Hearing  
No Action Taken or Required  
22-1056  
10.C.2  
Public Notice of Public Hearing for December 20, 2022, to Consider a  
Resolution Electing to Use the Uniform Method for the Levy, Collection and  
Enforcement of Non Ad Valorem Assessments  
Attachments: Staff Report  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
22-1051  
11.A.  
Four County Joint Board Meeting  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
adopt the new resolution authorizing a date and time change for the joint meeting with  
the Board of County Commissioners for St. Lucie County, the Board of County  
Commissioners for Martin County, and the Board of County Commissioners for  
Okeechobee County to discuss joint legislative priorities in anticipation of the State of  
Florida's 2023 legislative session.  
Attachments: Staff Report - Four County Meeting  
Resolution  
Legislative Affairs and Communication Manager Kathy Copeland stated the  
Resolution before the Board was to change the date of the Four County Joint Board  
Meeting originally scheduled for December 15, 2022 to be moved to January 11,  
2023.  
A motion was made by Vice Chairman Adams, seconded by Commissioner Moss,  
to approve staff recommendations, and Resolution 2022-101, to authorize the  
Indian River County Commission to participate in a joint meeting with the St.  
Lucie County Commission, the Okeechobee County Commission, and the Martin  
County Commission to discuss and plan matters of mutual interest; 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  
22-1077  
11.B.  
Lobbyist for 2023 Legislative Session  
Recommended Action:  
County Administration staff recommends that the Board enter into an agreement with  
Anfield Consulting, Inc., for lobbying services for the term of January 1, 2023, to  
December 31, 2023, and authorize the Interim County Administrator/Assistant  
County Administrator to execute the referenced agreement.  
Attachments: Staff Report  
Anfield Contract 2023  
Legislative Affairs and Communication Manager Kathy Copeland stated Anfield  
Consulting, Inc. had assisted the County with various legislative issues including  
obtaining funding for water projects and was highly regarded statewide.  
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  
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  
22-1072  
13.A.  
Authorization to proceed with foreclosure on Code enforcement cases: 2022020001  
SLP Tractor Services  
Recommended Action:  
Staff recommends the Board authorize staff to move forward with outside counsel in  
the filing of foreclosure on the above named code enforcement case for the property  
located at 30 S. Oleander Street.  
Attachments: Staff Report  
Recorded Order Imposing Fine  
30 S. Oleander Street Deed  
Assistant County Attorney Susan Prado presented Case No. 2022020001 (12376  
91st Street, Fellsmere) (SLP Tractor Services; Felipe and Elena Gomez) for  
authorization to proceed with foreclosure. She stated SLP Tractor Services was  
operating a business on a residential property and storage of business equipment  
without site plan approval. She had reached out to the City of Fellsmere for the status  
of the site plan approval; however, until the site plan was approved there could be no  
storage of vehicles for the business on the residential property. She stated the site of  
violation is homesteaded property and cannot be foreclosed upon; however, the  
respondent SLP Tractor Services, Inc. also owns a property at 30 S. Oleander Street  
in Fellsmere.  
Vice Chairman Adams spoke on the ongoing issue with the property at 12376 91st  
Street, noting the County has had to fix the street multiple due to the heavy equipment.  
Attorney Prado, in response to Chairman Earman, stated the issue with the  
Homestead Exemption on the property was another department's matter; however,  
the County could take assets other than real property.  
Attorney Prado for the record stated a letter was sent to the owners of the property  
and SLP Tractor Services notifying them of the meeting.  
A motion was made by Vice Chairman Adams, seconded by Commissioner Moss,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
22-1078  
14.A.1.  
Use of Commission Chambers by COVB City Council  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Chairman Earman stated the City of Vero Beach (City) Mayor John Cotugno had  
requested use of the Commission Chambers on February 7 and 21 at 1:00 p.m.  
to hold their City Council meetings while the City's facility was unavailable due to  
AV equipment installation.  
Commissioner Flescher expressed concern with the Board having only two  
meetings in the month of February on the same day, the meetings may go a little  
longer, and recommended the City start their meeting at 3:00 p.m.  
Commissioner Moss was onboard with the City's use of the facilities and  
suggested letting staff determine the time.  
County Administrator Jason Brown stated staff could work with the City to  
determine a time and details on broadcasting the meeting.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to allow the City of Vero Beach Council to utilize the Commission  
Chamber on February 7, 2023 and February 21st with a recommended time of  
3:00 p.m. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
22-1089  
14.A.2.  
Request to Add Item 14.A.2.-- Residency Requirements and Salary for New  
County Administrator  
Recommended Action:  
Discuss  
Attachments: Commissioner's Memorandum  
Chairman Earman sought clarification for the residency requirement for the future  
County Administrator. A discussion followed with County Attorney Reingold  
stating staff would bring back to the Board an ordinance incorporating the  
residency requirement.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve the residency requirement for the future County  
Administrator; and directing staff to bring back to the Board, an Ordinance  
incorporating the residency requirement. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
Chairman Earman led a discussion on the recommendation of a salary range for  
the new County Administrator position between $190,000 to $220,000. There  
was no opposition from the Board.  
It was the consensus of the Board for a salary range between $190,000 to  
$220,000 for the new County Administrator.  
B. Commissioner Susan Adams, Vice Chairman  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
[Clerk's Note: This Item was heard following the Consent Agenda]  
A. Emergency Services District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Emergency Services District. The minutes will be approved at an upcoming  
Emergency Services District meeting.  
22-1060  
15.A.1  
Approval of FY 2022/2023 EMS County Awards Grant: Purchase of  
Capital/Operating Equipment Using Non-Matching EMS Grant Funds and Grant  
Resolution  
Recommended Action:  
Staff recommends approval of the FY 2022/2023 EMS Grant and resolution to  
purchase the equipment as noted in the attachments. Staff further recommend the  
Board authorize the Chairman to execute the necessary documents to obtain  
funds from the Department of Health in the amount of $36,014.00 and authorize  
budget amendments, as required, to receive and expend the grant funds. In order  
to comply with the requirements of this Grant, staff is also seeking authorization  
for the establishment of a unique accounting code designator for all County  
Awards Grant deposits, disbursements, interests accrual and rollover of funds, as  
they are required to be maintained in a separate fund or account for inspection by  
the State EMS Monitoring and Compliance Unit.  
Attachments: Staff Report  
2022-2023 County Allocations  
Grant Application  
Gaumard Quote  
Resolution  
County Attorney Dylan Reingold for the record clarified that this agenda item for  
the Emergency Management Services County Awards Grant purchase of capital  
operating equipment included a waiver of the bid process allowing for the  
authorization to use a purchase order.  
Emergency Services Director David Johnson was available to answer any  
questions. There was no discussion in regard to this item.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
The Board of Commissioners adjourned the Emergency Services District meeting and  
reconvened as the Board of County Commissioners of the regular meeting, resuming  
the meeting with Item 9.A.  
B. Solid Waste Disposal District  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:52 a.m.