Indian River County, Florida  
Indian River County Administration Complex  
1801 27th Street  
Vero Beach, Florida 32960  
indianriver.gov  
Meeting Minutes - Final  
Tuesday, November 5, 2024  
9:00 AM  
Commission Chambers  
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  
Jennifer W. Shuler, County Attorney  
Ryan L. Butler, Clerk of the Circuit Court and Comptroller  
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  
Commissioner Loar  
3. PLEDGE OF ALLEGIANCE  
Jennifer Shuler, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to approve the Agenda as amended, adding 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  
5.A.  
Presentation of Proclamation Dedicating November 17th-23rd As National  
Apprenticeship Week  
Recommended Action:  
Recommend Read & Present  
Attachments: Proclamation  
Colleen Gill, the Apprenticeship Navigator for Career Source Treasure Coast, was  
accompanied by Brian Bower, the CEO. She expressed gratitude to the Board for  
acknowledging National Apprenticeship Week. The apprenticeship program connects  
employers with job seekers, offering free on-the-job training. This initiative helps  
reduce turnover rates, increases productivity, lowers recruitment costs, and ensures  
safety at job sites.  
Read and Presented By Chairman Adams  
5.B. Presentation of Proclamation Recognizing November 11, 2024, as Veterans Day.  
Lance Lunceford, President of the Indian River County Taxpayers Association, was  
accompanied by Veterans Council Board members Captain Philip Wolf and Tracey  
Zudans. Mr. Lunceford thanked the Board for their time and willingness to include this  
Proclamation on the agenda.  
Captain Wolf emphasized that Florida's Veterans Council (Council) was unique. In  
partnership with the Veterans Administration (VA) and the Veterans Services  
Organization (VSO), it offered daily assistance and counseling to veterans in need and  
transportation to appointments. In Indian River County, 177,000 veterans benefit  
from collaborative partnerships essential to the Council's mission.  
Ms. Zudans thanked the Board for the Proclamation.  
Community Services Director Cindy Emerson highlighted the Veterans Council's  
achievements over the past year, including a 40% increase in forms prepared for the  
VA and a 10% rise in appeals submitted. Through the reorganization and walk-in  
support on Wednesdays and Thursdays, the Council now served 17% more clients,  
with an overall wait time for inquiries reduced to 35 days. In support of Veterans, the  
Council was participating in Operation Greenlight by turning the lights green and  
encouraging all civilians to participate.  
Read and presented by Commissioner Moss  
6. APPROVAL OF MINUTES  
6.A.  
Regular Meeting Minutes of August 20, 2024  
Approve  
Recommended Action:  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Regular Meeting Minutes of August 20, 2024. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
4th Quarter FY 2023/2024 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
7.B.  
Residential Paper Shredding Event on November 16, 2024  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the Fall  
Residential Paper Shredding Event to be held on November 16, 2024  
Attachments: Staff Report  
No Action Taken or Required  
7.C.  
SWDD Closures and Collection Service Changes for Thanksgiving  
No action required - for informational purposes only  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
7.D.  
Operation Green Light  
Recommended Action:  
Information Item Not Requiring Board Action  
No Action Taken or Required  
7.E.  
Children's Services Advisory Committee - District 1 Appointee Seat  
Informational Only.  
Recommended Action:  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve the Consent Agenda as written. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
8.A.  
Checks and Electronic Payments September 21, 2024 to September 27, 2024  
Recommended Action:  
Approve the list of checks and electronic payments for the time period of September  
21, 2024 to September 27, 2024  
Approved  
8.B.  
Checks and Electronic Payments September 28, 2024 to October 4, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued for the time period of  
September 28, 2024 to October 4, 2024  
Approved  
8.C.  
8.D.  
8.E.  
Checks and Electronic Payments October 5, 2024 to October 11, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued for the time period of  
October 5, 2024 to October 11, 2024  
Approved  
Checks and Electronic Payments October 12, 2024 to October 18, 2024  
Recommended Action:  
Approve the list of checks and electronic payments issued for the time period of  
October 12, 2024 to October 18, 2024  
Approved  
Change Order #1 Bid 2023054 - Hosie Shumann Basketball Court Replacement  
Recommended Action:  
Staff recommends the Board approve Change Order #1 authorizing the additional  
work to Sport Surfaces, LLC in the amount of $6,750.00, for a new contract total of  
$70,250.00, and authorize the Chairman to execute it, after review and approval by  
the county attorney as to form and legal sufficiency, and authorize staff to make final  
payment for the project.  
Attachments: Staff Report  
Approved staff's recommendation  
8.F.  
Miscellaneous Budget Amendment 08  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2023-24 budget.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2024-065, amending the Fiscal  
Year 2023-2024 budget.  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
8.G.  
Interfund Borrowing - Fiscal Year 2023/2024  
Recommended Action:  
Staff recommends approval for interfund borrowing as necessary to cover any cash  
deficits of individual funds that may occur.  
Attachments: Staff Report  
Approved staff's recommendation  
8.H.  
Designation of Excess Equipment as Surplus and Authorization for Disposal  
Recommended Action:  
Staff recommends the Board declare the items on the Excess List for 110524 Agenda  
as surplus and authorize their disposal.  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
First Extension to Agreements for Annual Asphalt Paving & Resurfacing Services  
(Bid 2024011)  
Recommended Action:  
Staff recommends the Board approve the first extension to the agreements with  
M&M Asphalt Maintenance, Inc., dba All County Paving and Ranger Construction  
Industries, Inc. and authorize the Chairman to execute it after the County Attorney has  
approved it as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
Waiver of Requirement for Bids for Annual Physical Exams  
Recommended Action:  
Staff recommends the Board waive the requirement for bids and authorize the  
Purchasing Division to issue a purchase order in the amount of $ 220,898.00 to Life  
Extension Clinics, Inc., DBA Life Scan Wellness Centers.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
Approval for Advance Purchase of Fire Rescue Apparatus  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Division to issue a Purchase  
Order in the amount of $1,800,000.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Stonehill Innovation Contract Extension  
Recommended Action:  
Staff recommends the Board authorize the County Administrator to extend this  
contract with the provided option of 90 days to assist in the transition from Stonehill’s  
engagement to our new Director of Information Technology.  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Approval of Amendment No. 4 - FDEP Grant Agreement No. S0839 for  
Construction of an Oyster Reef Along Foot Island in the Indian River Lagoon  
Recommended Action:  
Approve Amendment No. 4 to FDEP Grant Agreement No. S0839 and authorize the  
Chairman to execute it on behalf of the County.  
Attachments: Staff Report  
Approved staff's recommendation  
8.N.  
Florida Inland Navigation District Grant Agreement for the Wabasso Causeway Park  
Improvements Phase 1  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners accept the  
Florida Inland Navigation District Waterways Assistance Program grant for  
“Wabasso Causeway Park Improvements Phase 1,” and authorize the Chairman to  
execute the Agreement between the Florida Inland Navigation District and Indian  
River County after review and approval by the County Attorney.  
Attachments: Staff Report  
Approved staff's recommendation  
8.O.  
Grant Agreement for the Florida Recreation Development Assistance Program  
(FRDAP) Grant for West Wabasso Park Playground Replacement  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners accept the  
Florida Department of Environmental Protection, Florida Recreation Development  
Assistance Program Grant for the West Wabasso Park Playground Replacement and  
authorize the Chairman to execute the Agreement between the Florida Department of  
Environmental Protection, Florida Recreation Development Assistance Program and  
Indian River County after review and approval by the County Attorney.  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
Approval of Work Order for Exploratory and Remedial Work for Floridan (Artesian)  
Well and Repairs at North County Aquatic Center  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve funding  
for investigative and remedial work to be performed on the well at North County  
Aquatic Center not to exceed $224,371.  
Attachments: Staff Report  
Approved staff's recommendation  
8.Q.  
Intergenerational Recreation Center/Dick Bird Park Improvements (AKA South  
County Regional Park Improvements) Bid Number 2025011  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve funding  
in the amount of $342,722.50 to complete the Intergenerational Recreation  
Center/Dick Bird Park Improvements (AKA South County Regional Park  
Improvements). Staff also recommends the Board award bid 2025011 to GRSC,  
Inc., approve the Agreement, and authorize the Chairman to execute it, after review  
and approval of the agreement and required public construction bond by the County  
Attorney as to form and legal sufficiency, and after GRSC has reactivated its  
registration with the Building Division.  
Attachments: Staff Report  
Approved staff's recommendation  
8.R.  
D.R. Horton’s Request for Final Plat Approval for Orchid Reserve Villas  
[SD-22-05-02 / 2004050460-96125]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for Orchid Reserve Villas.  
Attachments: Staff Report  
Approved staff's recommendation  
8.S.  
Approval of a Public Transportation Grant Agreement (PTGA) with the Florida  
Department of Transportation (FDOT) for a Section 5311 Grant  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Public  
Transportation Grant Agreement and adopt the resolution authorizing the Chairman to  
sign the agreement.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2024-066, authorizing the  
execution of a Public Transportation Grant Agreement amendment with the  
Florida Department of Transportation.  
8.T.  
Release of Retainage and Change Order No. 2, Indian River County Tax Collector  
Floor Replacement (IRC-2411)  
Recommended Action:  
Staff recommends approval of Change Order No. 2 and payment of Contractor’s  
Application Payment No. 2411-2 to Jim’s Complete Construction, LLC in the  
amount of $4,120.28 for release of retainage.  
Attachments: Staff Report  
Approved staff's recommendation  
8.U.  
Approval of Florida Department of Environmental Projection Grant Agreements  
LG010 for Hobart Landing and LG011 for Orchid Island Estates Septic-to-Sewer  
Projects, IRCDUS Project ID’s 21.24.507 (Orchid Island Estates) and 21.24.508  
(Hobart Landing)  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
approve agreements with Florida Department of Environmental Protection, LG010  
for $9,900,000.00 for Orchid Island Estates Septic-to-Sewer project  
($7,425,000.00, or 75%, grant funds with $2,475,000.00, or 25%, local match  
funds), and LG011 for $4,400,000.00 for Hobart Landing Septic-to-Sewer project  
($3,300,000.00, or 75%, grant funds with $1,100,000.00, or 25%, local match  
funds) and authorize the Chairman to sign both agreements after review and approval  
by the County Attorney as to form and legal sufficiency  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Amended - IRC DATF Award Application  
Discussion  
Recommended Action:  
County Administrator John Titkanich presented the request from the 19th Judicial  
Circuit Court for the Board to approve funds of $50,000 to assist the  
problem-solving courts in offsetting costs associated with participant program  
requirements. Transportation Services was not initially included in their list. The Court  
was not asking for additional services or extra funds; only to include transportation as  
part of the wraparound services to address the challenges faced by those needing  
these services.  
There was no further discussion on this item.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the use of the previously approved amount of up to $50,000 and  
to include transportation services for fiscal year 2024/2025. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from Bill Rigby re: Protest of the RFP - Waste Hauler Contract  
No action required  
Recommended Action:  
Bill and Ardra Rigby addressed the Board about the Indian River County's  
procurement process regarding the recycling collection services contract. Bill  
Rigby protested the renewal of the Waste Management contract held by one  
company for over 20 years, citing concerns about transparency and compliance  
with laws. He stated that renewing the contract without including minority-owned  
and disabled veteran-owned businesses violated federal and state laws, explicitly  
mentioning the Florida Small Business Assistance Act, which required promoting  
these businesses in public contracts.  
Chairman Adams addressed Bill and Ardra Rigby and noted this was the second  
meeting since Bill Rigby had mentioned making a public records request, which he  
had not done yet. She reminded them that staff had shared the County's grant  
compliance checklist with them months ago and encouraged them to work with  
staff to clarify questions and resolve issues.  
Bill Rigby stated they had not received all requested documents and he was  
unaware the Interlocal Agreement had been canceled. He inquired about the  
minutes explaining the guidelines for the agreement, which the County  
Commissioners and legal counsel claimed to have provided but he claimed they  
do not have. Bill Rigby again requested the minutes from the 1992 interlocal  
agreement and the related grants, particularly the sections on recyclable materials  
for residential garbage, commercial waste, and gas. Chairman Adams stated that  
it was her understanding the County did not use a grant for recycling.  
Solid Waste Disposal District Director Himanshu Mehta confirmed that when the  
County sought interlocal agreements with municipalities, there was discussion  
about potential grant opportunities. However, the County had not applied for or  
received any grants from these programs for recycling services.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
American Rescue Plan Act of 2021 - Proposed Spending Plan Revisions  
Recommended Action:  
Staff recommends that the Board consider the proposed spending plan (see  
attachment) as further detailed above totaling $31,063,168, consider any changes,  
and approve the attached plan with any amendments as needed. Staff further  
proposes that any unencumbered funds in the proposed categories remaining as of  
December 1, 2024 be reallocated to Reduction in Revenues/Road Resurfacing and  
Restriping category in order to ensure all funds are encumbered by the December 31,  
2024 deadline.  
Attachments: Staff Report  
County Administrator John Titkanich stated that the American Rescue Plan Act  
(ARP) of 2021 required that all funds be obligated or encumbered by December 31,  
2024. He noted that the Office of Management and Budget staff had evaluated the  
ability to handle any remaining, unallocated funds. Staff proposed reallocating the  
remaining balance of the $31,063,168 to cover other eligible expenses, ensuring  
compliance with federal regulations and procurement processes, which had already  
been followed for repaving and restriping projects. Mr. Titkanich recommended  
allocating the unspent funds of $2,424,047 toward repaving and restriping. He also  
asked the Board to consider the proposed spending plan detailed in the memo dated  
October 23, 2024.  
A motion was made by Commissioner Loar, 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  
11.B.  
Proposed Commission Meeting Dates for CY 2025  
Recommended Action:  
Staff recommends approval of the proposed dates listed for the 2025 Board of  
County Commissioners meetings, contingent on approval of the code change  
approval.  
County Administrator John Titkanich referred to staff’s memo regarding the proposed  
Commission meeting dates for the calendar year 2025. He noted that the proposed  
schedule indicated that meetings on January 28th, February 25th, and March 25th  
would take place on the last Tuesday of each month. For this to happen, the  
proposed meeting schedule required the approval of an amendment to the Indian  
River County Code of Ordinances, Section 102.01(1), The proposed calendar was  
contingent upon the amendment of the Code.  
A motion was made by Commissioner Moss, 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  
12.E.1.  
Coastal Construction Access Policies  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
adopt the attached policy titled “Private Use of County Property for  
Non-Emergency Coastal Construction Access” upon concurrence by the County  
Attorney and establishes the BOCC as the authority to approve or deny requests  
under this policy. Staff recommends that the Indian River County Board of  
County Commissioners adopt the attached policy titled “Private Use of County  
Property for Emergency Coastal Construction Access” and establishes the  
County Administrator as the authority to approve or deny requests under this  
policy, and upon concurrence from the County Attorney, sign and execute license  
agreements pertaining to this policy. Staff recommends that the Indian River  
County Board of County Commissioners adopt the attached resolution setting the  
fees in Exhibit A upon concurrence by the County Attorney.  
Attachments: Staff Report  
Natural Resources Director Kylie Yanchula utilized a PowerPoint presentation to  
present the Coastal Construction Access Policies to the Board. She gave a brief  
history, stating that on January 31, 2023, the Board approved emergency beach  
access agreements for dune renourishment projects following Hurricanes Ian and  
Nicole, which caused significant coastal erosion. Eleven agreements were  
executed for property owners to access County land for their renourishment  
efforts. On March 5, 2024, the Board considered a late request to close  
Tracking Station Beach for private construction, but ultimately denied it due to  
insufficient information and timing. The Board directed staff to create a policy for  
handling similar requests in the future. Two policy documents were created, one  
for Non-emergency Coastal Construction Access and another for Emergency  
Access. Both outline eligibility criteria, application processes, fees, and inspection  
procedures and included a draft license agreement. The policies were presented  
to the Beach & Shores Advisory Committee on October 7, 2024, and all  
feedback was considered and incorporated into the drafts. In her presentation,  
she reviewed the eligibility criteria for non-emergency and emergency access, the  
approval process, and use fees.  
The Board and staff discussed the particulars of each policy. Commissioner  
Earman took issue with County Parks being closed to the public for private  
construction. Under discussion, it was stated that it was the property owner's  
responsibility to find a way to transport the sand from point A to point B. There  
was concern that the County would face criticism for the idea of closing a County  
Park to facilitate private beach renourishment on private property.  
Parks, Recreation & Conservation Director Beth Powell responded to  
Commissioner Earman that, to her knowledge, the County had not granted any  
authorization outside of Emergency Restoration due to the lack of an established  
process. She questioned whether previously authorized projects would meet the  
current parameters, as no formal process existed at that time.  
Ms. Yanchula pointed out that the policy explicitly stated that permission granting  
the use of a County Park; does not allow access through any private property  
between their property and the park. Therefore, property owners must plan their  
route during low tide to travel through that area.  
County Attorney Jennifer Shula stated that to be eligible for the policy, the  
property owner must demonstrate that they have no practical access to complete  
their construction project. This policy defined "practical access" as to clarify that  
financial disadvantage or inconvenience to the owner would not qualify as a valid  
reason for eligibility. The property owner must prove they cannot proceed with  
the project without utilizing County parks. Furthermore, the Board might consider  
specifying that individuals were not eligible if they had created their own lack of  
access by refusing to grant an easement. This could be an important factor for the  
Board to consider when determining eligibility.  
Discussions continued between the Board and staff regarding the distinction  
between an emergency and a non-emergency with the project. To respond to  
significant coastal erosion caused by storms, staff would assess the risks to nearby  
buildings and infrastructure. If erosion put infrastructure at risk, a disaster  
declaration would be made. This would activate emergency access for coastal  
construction immediately after the declaration. After each storm, staff would  
check the coastline to see how much erosion occurred. This would separate  
emergency situations from non-emergency situations. During non-emergency  
times, staff would only close one public beach at a time to reduce disruption to the  
community.  
The discussion turned to concern about sea turtle nesting, and that beach  
renourishment should not occur during the nesting season. However, current  
policies allow homeowners to perform work during that time, creating a double  
standard. It was mentioned that in such cases, an emergency field order may be  
issued with guidelines stating that projects must not harm hard-bottom or coral  
reef communities, seagrass habitats, or existing marine turtle nesting areas.  
Additionally, the work must not contribute to the erosion of nearby properties,  
emphasizing the importance of protecting these species.  
Ms. Powell stated that the current policy was well constructed, she thanked the  
efforts of the Natural Resources and Coastal teams and thorough attorney  
reviews. However, if legally possible, the Board may need to consider requiring  
easements for public benefits.  
Commissioner Earman requested that the Board make separate motions for each  
policy.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
Flescher, to approve staff's recommendation for the Emergency Construction  
Access Policy. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
A motion was made by Commissioner Moss, seconded by Chairman Adams, to  
approve staff's recommendation for the Non-Emergency Coastal Construction  
Access policy.The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve Resolution 2024-067, establishing fee schedule for private  
use of County property for non-emergency and emergency coastal construction  
access. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
The Chairman called for a recess at 10:41 am and reconvened the meeting at 10:46  
with all members present.  
F. Office of Management and Budget  
G. Parks, Recreation, and Conservation  
12.G.1.  
Approval to Record a Restrictive Covenant Declaring Jones’ Pier Bungalow  
Federal Hazard Mitigation Assistance and Perpetual Maintenance of Flood  
Insurance  
Recommended Action:  
Staff respectfully requests approval to record a restrictive Covenant Declaring  
Jones’ Pier Bungalow Federal Hazard Mitigation Assistance and Perpetual  
Maintenance of Flood Insurance.  
Attachments: Staff Report  
Parks, Recreation & Conservation Director Beth Powell utilized a PowerPoint  
presentation to shine a spotlight on the historic Jones Pier Conservation Area. It  
was important to recognize staff and partners who had worked hard over the  
many years to ensure that a piece of the County's precious history was preserved.  
The Jones Pier House, built in the early 1900s by a pioneering family on Barrier  
Island, that was severely flooded during Hurricane Matthew. Additionally, parts  
of the historic Jungle Trail were washed out due to the flooding and damage  
caused by the storm. The County was in the process of renovating the bungalow  
into an Interpretive Center to highlight the history of the Jungle Trail and the Jones  
family, as required by the Florida Communities Trust.  
After the hurricane, the County applied for a Hazard Mitigation grant from the  
Florida Department of Emergency Management (FDEM) to raise and strengthen  
the building. In June 2021, FDEM awarded $78,981. On November 2022, the  
Board approved a Job Order Contract (JOC) for $460,629.70, which was  
completed in January 2023. FDEM later increased the grant to $456,121, which  
the Board approved on August 15, 2023, contingent on the County providing  
permanent flood insurance for the bungalow. The FDEM project also included  
concrete entry steps and additional structural work, which were not part of the  
JOC. The renovation bid was awarded in November 2023, with substantial  
completion expected by September 30, 2024.  
Ms. Powell took a moment to celebrate the County's achievements at Jones Pier,  
particularly after the damage caused by Hurricane Milton in Indian River County.  
Despite concerns about flooding, the newly renovated Interpretive Center showed  
no damage, debris, or standing water, as if the Hurricane Milton had missed it  
altogether. She emphasized that by restoring the early 19th-century Bungalow  
Cottage, the County could preserve the stories of Orchid Island and its pioneering  
families.  
Vice Chairman Flescher commented that after reviewing the developments, he  
confidently stated that the County now possesses a true gem. He noted that it was  
fortunate the Bungalow did not sustain any damage, which he attributed to the  
hard work of staff, proper engineering, and the effective use of resources and  
materials, all executed with great patience. He expressed gratitude to everyone  
involved in this effort, acknowledging that it had been a long journey over many  
years. Commissioner Earman echoed Vice Chairman Flescher's sentiments.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, 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  
H. Planning and Development Services  
I. Public Works  
J. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Authorization to Proceed with Foreclosures on Code Enforcement Cases:  
(2009070001) Hicks  
Recommended Action:  
Staff requests the Board’s opinion whether or not to move forward with outside  
counsel in the filing of foreclosure on the above-named code enforcement cases.  
Attachments: Staff Report  
County Attorney Jennifer Shuler referred to case number 2009070001 (Hicks),  
located at 20757th Ct SW. She stated that under Florida Statute Section 162.09; the  
Code Enforcement Board (CEB) was required to recommend initiating the  
foreclosure process. This recommendation was made during the CEB hearing on  
September 23, 2024. Attorney Shuler utilized a PowerPoint presentation to detail the  
history of the property. She explained that on September 28, 2009, the CEB held a  
public hearing in which the property was found in violation due to overgrown grass  
and weeds. During a compliance hearing on November 23, 2009, the CEB  
determined that the Order Finding Violation had not been complied with and issued a  
fine of $100 per day which currently stood at $524,000. As of September 23, 2024,  
the property remained out of compliance. Attorney Shuler also noted that the  
property was not classified as a homestead, which meant it could be subject to  
foreclosure by the County.  
Chairman Adams remarked that it seemed that the property owner had given up on  
the situation, and the County may end up acquiring the property. She was concerned  
about the significant lien attached to the property. She noted in the past, the Board  
had moved forward with foreclosures in similar cases. Currently, it was difficult to see  
that there was a house on the property, which indicated that it was not only a blight on  
the community, but also posed health and safety concerns.  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
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  
13.B.  
Authorization to Settle Foreclosure Case on Collins Code Enforcement  
Case Number 2014050077  
Recommended Action:  
Staff recommends the Board approve the Settlement Agreement and  
authorize the Chair to execute the Settlement Agreement on the  
above-named code enforcement foreclosure case.  
Attachments: Staff report  
Attorney Shuler stated that the Board had authorized the County Attorney’s Office to  
proceed with foreclosure on the Collins Code Enforcement Case, Case Number  
2014050077. One of the respondence in the case expressed willingness to settle and  
agreed to a final judgment for foreclosure if the County refrained from taking personal  
action against him. She believed this settlement would benefit the County by saving  
time and reducing attorney fees, even though he was not the only respondent in the  
case.  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
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  
13.C.  
Code Foreclosure Case Clarification and Update  
Attachments: Staff Report  
Attorney Shuler asked the Board for guidance on whether to pursue foreclosures to  
encourage compliance. She mentioned that foreclosures had worked in some of the  
30 authorized cases, but only a few led to actual foreclosures. Overall, this strategy  
helped to get property owners to comply. She stated that a senior mortgage or lien  
on the property had priority, and the Board must decide whether to proceed with  
foreclosure, knowing it might not receive payment since the senior mortgage would be  
paid first. However, the Board could recover attorney's fees from the foreclosure sale  
proceeds.  
Chairman Adams believed the Board should tackle these issues on a case-by-case  
basis. This tool had proven effective, and weighing the costs against the potential  
benefits was important, especially when securing properties is uncertain. By  
addressing challenges proactively, the Board could prevent prolonged issues,  
particularly with outdated or bank-owned properties. She saw this tool as a valuable  
resource and looked forward to discussing specific cases to identify the best strategies  
moving forward.  
Board directed the County Attorney's office to proceed with the foreclosure  
process on a case-by-case basis in an attempt to obtain compliance with the  
Code.  
13.D.  
Permission to Advertise Public Hearing Amending Indian River County Code  
Sections 102.01(1), 102.04.  
Recommended Action:  
The County Attorney recommends that the Board discuss the proposed ordinance  
amendments, recommend changes if needed, and approve advertisement for a public  
hearing on the amendments to the IRC Code Sections 102.01 and 102.04.  
Attachments: Staff Report  
Attorney Shuler explained that the proposed Ordinance served to update the  
Commissioner's meeting procedures. The current prohibition on holding meetings on  
the last Tuesday of the month may be unnecessary now that there were only two  
meetings a month instead of three. Therefore, she recommended removing that  
restriction from Indian River County Code Section 102.1, Subsection 1. Additionally,  
she proposed changes to Section 102.04 that would update the order of business at  
regular meetings. Specifically, the Building and Facility Services Department and  
Sandridge Golf Club (Sandridge) being added under Subsection 13.  
Chairman Adams raised concerns about including Sandridge Golf Course under  
Subsection 13, noting that Sandridge was not officially classified as a department. She  
questioned why Sandridge was being treated differently than the other Recreation  
Departments.  
County Administrator John Titkanich explained that Sandridge operated as a  
stand-alone Enterprise Fund. Sandridge does not fall under any established  
department. Instead, it reports directly to the County Administrator and occasionally  
has its own agenda items.  
Attorney Shuler also recommended that the Board revise its public comment process  
during meetings. She found it unusual that the website required individuals to fill out a  
comment card to speak despite current policies allowing public comments per Florida  
Statute 286.0114, which ensured the public's right to be heard. To improve  
accessibility, she suggested removing the advance sign-up requirement and holding  
public comments on agenda items at the beginning of the meeting. This change would  
allow individuals to express their views without needing to stay for the entire session.  
The Board and staff discussed using a device or "shot clock" to limit public comments  
to three minutes. If more time were needed, it would be at the discretion of the Chair.  
There was concern about creating the perception that rules applied differently to  
different people. When there was a large group, the announcement would ask  
everyone to keep comments relevant and to avoid repetition.  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to approve the request to advertise a Public Hearing to amend the  
Indian River County Code Sections 102.01(1) and 102.04. 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  
B. Commissioner Joseph E. Flescher, Vice Chairman  
C. Commissioner Joseph H. Earman  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
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  
15.B.1.  
Approval of SWDD Meeting Minutes of August 20, 2024  
Approve  
Recommended Action:  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve the Solid Waste Disposal District Minutes of August 20,  
2024, as written . The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
15.B.2.  
Agreement for Landfill Gas Wellfield Expansion Project  
Recommended Action:  
Staff recommends the Board waive bid requirements and approve the attached  
landfill gas wellfield expansion agreement to SCS Field Services in the amount of  
$486,050 and authorize the Chairman to execute it after review and approval by  
the County Attorney as to form and legal sufficiency. Staff also recommends the  
Board authorize the County Administrator to sign any amendments to the  
agreement necessary, including increases in price, up to a total increase of  
$560,000, to prevent delays in work  
Attachments: Staff Report  
Solid Waste Disposal District (SWDD) Managing Director Himanshu Mehta  
mentioned the groundbreaking ceremony for the NoPetro EcoDistrict (NED)  
project. Since then, they have been doing a great job, and progress is going well  
on their site. He was happy to report that SWDD had received the high-pressure  
gaskets, and NED had delivered the hydrogen sulfide (H2S) vessels, so the  
project was moving forward on both sides.  
He stated that eight gas wells were recently abandoned to maximize landfill waste  
capacity on the northern portion of Segment 3 Cell 1 area. This reduced the total  
landfill gas flow available for the future Renewable Natural Gas (RNG) project. It  
was imperative that the County replace these landfill gas wells and add additional  
gas wells to this area once final capacity was reached, which was anticipated by  
mid-November 2024.  
Therefore, in the interest of time and based on utilizing SCS Field Services  
(SCS-FS) to install landfill gas wells in the past, staff recommended the Board  
waive bid requirements and award an Agreement for the landfill gas wellfield  
expansion project per a proposal from SCS-FS in the total amount of $486,050.  
This approval would allow them to order the materials, schedule installation as  
soon as possible, and regain the landfill gas flow for the RNG project.  
A motion was made by Commissioner Earman, seconded by Chairman  
Adams, 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  
15.B.3.  
Final Pay to Geosyntec for Work Order No. 19 - Permit Compliance Monitoring  
and Reporting Indian River County Landfill Facility  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Geosyntec’s final invoice amount of $8,281.98  
Attachments: Staff Report  
There was no discussion on this Item.  
A motion was made by Commissioner Earman, seconded by Chairman  
Adams, 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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business the Chairman adjourned the meeting at 11:38 a.m.