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, November 21, 2023  
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  
Leslie Swan, Supervisor of Elections  
3. PLEDGE OF ALLEGIANCE  
Commissioner Laura Moss  
3.A. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN  
Outgoing Chairman Joseph Earman expressed appreciation for his fellow  
Commissioners and staff, and recapped achievements made during his tenure.  
County Attorney Bill DeBraal opened the floor for nominations for the seat of  
Chairman of the Indian River County Board of County Commissioners.  
Commissioner Adams was nominated for Chairman of the Board by Commissioner  
Moss.  
There being no further nominations, County Attorney DeBraal closed the floor.  
A motion was made by Commissioner Moss, seconded by Commissioner Earman,  
to elect Commissioner Susan Adams as Chairman of the Board of County  
Commissioners. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
3.B. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN  
County Attorney Bill DeBraal opened the floor for nominations for the seat of Vice  
Chairman of the Indian River County Board of County Commissioners.  
Commissioner Flescher was nominated for Vice Chairman of the Board by  
Commissioner Earman.  
There being no further nominations, County Attorney DeBraal closed the floor.  
A motion was made by Commissioner Earman, seconded by Chairman Loar, to  
elect Commissioner Joseph Flescher as Vice Chairman of the Board of County  
Commissioners. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, and  
Commissioner Loar  
1 - Commissioner Moss  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
to approve the Agenda as presented. 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  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-1053  
7.A.  
Proclamation Honoring Emory J. Bailes II on his Retirement from Indian River County  
Board of County Commissioners, Department of Utility Services/Wastewater  
Collection Division  
Recommended Action:  
For informational purposes only - no action required  
Attachments: Proclamation  
Chairman Adams wished Mr. Bailes well in his retirement.  
No Action Taken or Required  
23-1050  
7.B.  
Proclamation Designating World Prematurity Day November 17, 2023  
Informational Purposes Only  
Recommended Action:  
Attachments: Proclamation  
Commissioner Adams noted there would be an opportunity to contribute to the  
March of Dimes following the meeting.  
No Action Taken or Required  
23-1038  
7.C.  
City of Sebastian Resolution No. R-23-24 Septic to Sewer Funding Opportunities  
Information Only  
Recommended Action:  
Attachments: City of Sebastian Resolution R-23-24  
No Action Taken or Required  
23-1052  
7.D.  
Results from the 2023 Sea Turtle Nesting Season  
Recommended Action:  
There is no action required by the BCC as this is being presented for informational  
purposes only.  
Attachments: Staff Report  
Coastal Resource Manager Quintin Bergman provided the Board with an update on  
the 2023 turtle nesting season in Indian River County. Referring to his presentation,  
Mr. Bergman shared details of the County's sea turtle program, and reported nest  
counts which showed that Leatherback nests had declined, but Loggerhead and  
Green turtles saw increases; a graph showed nest counts over time. Turtle nesting  
season runs from March 1st to October 31st.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1044  
8.A.  
Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-1045  
8.B.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 09/30/2023  
Recommended Action:  
Accept the report  
Attachments: Comptroller Division Staff Report  
Accepted  
23-1047  
8.C.  
Resolution Cancelling Taxes - Purchased from Myron J. Madsen, Jr. and Davene  
Madsen  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel certain taxes upon the property purchased by or donated to  
Indian River County for a public purpose, and the Clerk to send a certified copy of  
the Resolution to the Tax Collector and the Property Appraiser so that any delinquent  
or current taxes can be cancelled.  
Attachments: Staff Report  
Resolution Cancelling Taxes  
Warranty Deed  
Receipt from IRC Tax Collector  
Approved staff's recommendation and Resolution 2023-073, cancelling taxes upon  
publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
23-1041  
8.D.  
Approval of Advance Purchase for Fire Rescue Apparatuses  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Division to issue a Purchase  
Order in the amount of $3,812,520.  
Attachments: Staff Report  
IRC Proposal For 3 Engines  
Sourcewell Worksheet Pumper  
IRC Proposal Component List (3)  
Approved staff's recommendation  
23-1048  
8.E.  
E911 CPE Hardware Refresh Work Authorization, AK Associates One-Year  
Maintenance Agreement, Sole Source Designation, and Application for 911 State  
Grant Program  
Recommended Action:  
Staff recommends the Board declare AK Associates as the sole source provider for  
E911 CPE system service and parts, approve the quotes for the Solacom hardware  
refresh and the CPE hardware maintenance, authorize the 911 Emergency  
Communications Coordinator to sign the quotes, authorize the Purchasing Division to  
issue purchase orders, as necessary. Staff also recommends the Board approve the  
Application for E9-1-1 State Grant Program for the CPE Upgrade, and authorize the  
Chairman to execute and authorize the Director of Emergency Services to sign any  
documents necessary with the Florida E9-1-1 State Grant to execute the work, after  
review and approval by the County attorney as to form a legal sufficiency.  
Attachments: Staff Report  
Sole Source Letter  
AK Associates Budgetary Quote  
AK Maintenance Quote  
Grant Application 1  
Approved staff's recommendation  
23-1046  
8.F.  
Additional Service No. 4, for Additional Civil Engineering Services - St John’s River  
Water Management District Permit Modification for Sandridge Golf Club - New  
Clubhouse  
Recommended Action:  
Staff recommends approving Additional Service No. 4 authorizing the $4,620.00  
increase to the contract with Sparcdesign and authorizing the Chairman to sign the  
Additional Service #4 on behalf of the Board. The new total contract price will be  
$458,155.00  
Attachments: Staff Report  
Agreement  
Additional Service #1  
Additional Service #2  
Additional Service #3  
Additional Service #4  
Approved staff's recommendation  
23-0752  
8.G.  
6th Avenue Milling & Resurfacing, FM No. 438074-1-54-01, IRC-1638 Final  
Payment, Release of Retainage, and Change Order No. 1  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 15 to OHL, USA, Inc. in the amount of $69,812.34 for  
final payment and release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
23-1032  
8.H.  
Award of Bid No. 2023059, Traffic Operations Facility, IRC-2104  
Recommended Action:  
Staff recommends the project be awarded to Proctor Construction Company, LLC in  
the amount of $5,310,348.97. Staff further recommends the Board approve the  
sample agreement and authorize the Chairman to execute said agreement after review  
and approval of both the agreement and required Public Construction Bond by the  
County Attorney as to form and legal sufficiency, and the receipt and approval of  
required insurance by the Risk Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
23-1033  
8.I.  
Award of Bid No. 2024011, Annual Asphalt Paving and Resurfacing, IRC-2304  
Recommended Action:  
Staff recommends the project be awarded to both M&M Asphalt Maintenance Inc.  
and Ranger Construction Industries, Inc. Staff further recommends the Board  
approve the sample agreement and authorize the Chairman to execute said agreement  
after review and approval of the agreement by the County Attorney as to form and  
legal sufficiency, and the receipt and approval of required insurance by the Risk  
Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
23-1034  
8.J.  
CR603/Indian River Boulevard Resurfacing from 53rd Street to the Merrill Barber  
Bridge, IRC-1707, FDOT FM 441919-1-54-01, Release of Retainage and Change  
Order No. 1  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 1707-12 to C.W. Roberts Contracting, Inc. in the  
amount of $234,426.87 for release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
23-1043  
8.K.  
Revision to AM-703.1 Leaves of Absence  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve staff's  
recommendation to revise AM-703.1 Leaves of Absence.  
Attachments: Staff Report  
AM 703.1 Leaves of Absence  
Approved staff's recommendation  
23-1055  
8.L.  
Streaming Video Licensing Agreement with Steve Billig, dba Live Pickleball Courts  
for Cameras at Dick Bird (South County) Regional Park.  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
Streaming Video Licensing agreement with Steve Billig, dba Live Pickleball Courts  
and authorize the Chairman to execute the agreement after review and approval by  
the County Attorney for legal sufficiency.  
Attachments: Staff Report  
Pickleball Cameras Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
23-1030  
9.A.  
Clerk of the Circuit Court & Comptroller 2022/2023 Financial Statement & 2023  
Excess Fee Report  
Attachments: Clerk Of Circuit Court & Comptroller  
Ryan Butler, Clerk of the Court and Comptroller, presented the Board with a check  
for $283,162.45 in unspent funds from the Comptroller's budget, and excess user  
fees from the Official Records Division. Mr. Butler thanked the Finance Department's  
staff for their work.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to accept the 2022/2023 Financial Statement and 2023 Excess Fee Report  
from the Clerk of the Circuit Court and Comptroller's Office. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1062  
9.B.  
Property Appraiser 2022/2023 Annual Report  
Attachments: Property Appraiser Annual Report  
Wesley Davis, Indian River County Property Appraiser, submitted his annual report  
and noted his office would return $535,500 to the County. Mr. Davis discussed the  
technological improvements made to shorten turnaround time without adding staff.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to accept the 2022/2023 Annual Report from the Property Appraiser's  
Office. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1064  
9.C.  
Sheriff's Office 2022/2023 Annual Report  
Attachments: Sheriff Reversion Letter  
Indian River County Sheriff Eric Flowers presented the Board with the return of  
excess fees, and also requested the return of some fees for outstanding purchase  
orders and increased costs from Treasure Coast Community Health for the  
management of the jail's medical unit. Sheriff Flowers recapped the following  
numbers: the General Fund had an excess of $1,211,627.79, with $1,001,627  
requested returned; the Law Enforcement Trust Fund had an excess of $115,009.68,  
with $24,900 requested returned; and the Offender Fees Fund had an excess of  
$3,410.68, with the full amount requested returned.  
A motion was made by Commissioner Earman, seconded by Commissioner Moss,  
to accept the Sheriff's Office 2022/2023 Annual Report. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1008  
9.D.  
Tax Collector 2022/2023 Financial Statements & 2023 Excess Fee Report  
Attachments: Agenda Item Fiscal Year End 2023  
Agenda Item Excess Fee Report 2023  
Indian River County Tax Collector Carole Jean Jordan appeared before the Board  
with members of her staff to present a check for $2,554,421.81 in excess fees. Ms.  
Jordan discussed her Department's expansion, record number of transactions  
handled, and improvements made for faster service.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to accept the Tax Collector's 2022/2023 Annual Report. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1063  
9.E.  
Supervisor of Elections 2022/2023 Annual Report  
Attachments: Supervisor of Elections Annual Report  
Supervisor of Elections Leslie R. Swan discussed State Senate Bill 7050 which was  
approved after her Department's budget had been submitted, and called for unfunded  
changes to many election materials. Ms. Swan thanked the Board for allocating the  
additional funds needed, and expressed gratitude for her staff. She reported a return  
of $12,693.01 to the County.  
A motion was made by Commissioner Earman, seconded by Commissioner Moss  
to accept the Supervisor of Elections' 2022/2023 Annual Report. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1061  
9.F.  
Supervisor of Elections Leslie R. Swan re: Municipal Elections Revenue  
Recommended Action:  
Request to have revenue received from November 7th municipal elections rolled into  
the Supervisor of Elections 2023/2024 budget  
Attachments: Supervisor of Elections Memo  
Supervisor of Elections Leslie R. Swan appeared before the Board to request the  
return of costs to conduct Municipal Elections in the cities of Sebastian and Vero  
Beach on November 7, 2023 in the amount of $91,383.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Earman, to approve the request to have revenue collected from the November 7,  
2023 municipal elections rolled into the Supervisor of Elections 2023/2024 budget.  
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  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
23-1040  
10.A.1.  
Enterprise Leasing Company of Florida, LLC’s Request for Abandonment of a  
30’ Wide Platted Right-of-Way [ROWA-23-06-02 / 94070074 - 94465]  
(LEGISLATIVE)  
Recommended Action:  
Staff recommends that the Board of County Commissioners abandon its rights to  
the subject portion of right-of-way, and authorize the chairman to execute the  
proposed abandonment resolution.  
Attachments: Staff Report  
Location Map  
Resolution  
Chief of Current Development Brandon C. Creagan presented a summary of the  
request for right-of-way (ROW) abandonment by Enterprise Leasing Company  
(Enterprise) as a map of the location was displayed. It was reported that all  
relevant departments had recommended approval, and the applicant had  
coordinated with the FEC Railway which ran along the western border of the  
property.  
Chairman Adams received clarification that the ROW spanned across two  
properties and would be used for the planned expansion of Enterprise.  
The Chairman opened the floor of the public hearing for comments.  
Peter Waldman, attorney for Enterprise, appeared before the Board to answer  
any questions. There were none.  
There being no further comment, the Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation and Resolution 2023-074,  
providing for the closing, abandonment, vacation and discontinuance of a  
portion of a 30’ wide unimproved, unnamed right-of-way, west of Lot 7 and  
east of the FEC railroad in the Vero Land Company subdivision located in  
Indian River County, Florida. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
23-1059  
10.C.1.  
Public Notice of Public Hearing for December 5, 2023, to Consider Amending an  
Ordinance Imposing An Additional Cent of Tourist Development Taxes  
Attachments: Staff Report  
County Attorney Bill DeBraal read the public hearing notice into the record.  
Commissioner Earman requested staff provide a timeline for the referendum  
process at the public hearing.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
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  
H. Planning and Development Services  
I. Public Works  
J. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman  
B. Commissioner Susan Adams  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
The Board of County Commissioners reconvened as the Board of Commissioners of  
the Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
A. Emergency Services District  
B. Solid Waste Disposal District  
23-1054  
15.B.1.  
Twenty Second Amendment and Extension to Republic Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
Twenty Second Amendment and Extension to Republic Services; and authorize  
the Chairman to execute the agreement  
Attachments: Staff Report  
Twenty-Second Amendment & Extension  
Ronnie Jones, Assistant Managing Director, Solid Waste Disposal District,  
appeared before the Board to request approval of an extension to the existing  
contract with Republic Services for landfill operations. The extension would be for  
nine months, from January 1, 2025 through September 30, 2025, to better align it  
with the Department's fiscal year budget as well as other contracts.  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 9:53 a.m.