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, December 12, 2023  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
4 -  
Present:  
Chairman Susan Adams  
Vice Chairman Joseph Flescher  
Commissioner Laura Moss  
Commissioner Deryl Loar  
1 - Commissioner Joe Earman  
Absent:  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Pastor Randy Fullerton, Glendale Baptist Church  
3. PLEDGE OF ALLEGIANCE  
John A. Titkanich, County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 8.P. Utility Work by Highway Contractor Agreement with FDOT  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to approve the Agenda as amended. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
5. PROCLAMATIONS and PRESENTATIONS  
Chairman Adams took a moment to congratulate George Streetman, former president  
and general manager of Hogan & Sons, who will be inducted into the Florida Citrus  
Hall of Fame in March of 2024.  
23-0973  
5.A.  
Proclamation Honoring Robin Miller on her Retirement from Indian River County  
Board of County Commissioners  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
The Commissioners lauded Ms. Miller's career as the Rental Assistance Program  
Manager, noting her knowledge and advancements to the program earned the US  
Department of Housing and Urban Development's highest designation. Staff also  
spoke highly of her dedication to public service and the legacy she will leave behind.  
Read and Presented by Chairman Adams  
23-1127  
5.B.  
Presentation of Water Quality & Potable Water Treatment Facility Evaluation to  
Indian River Board of County Commissioners, IRCDUS Project ID 12.23.540  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Tetra Tech, Inc.  
to present Water Quality & Potable Water Treatment Facility Evaluation to Indian  
River Board of County Commissioners  
Attachments: Staff Report  
Director of Utility Services Sean Lieske recalled the Board had previously approved  
conducting a second water quality analysis in response to continuing customer  
complaints of pipe leaks. The analysis sought to ensure the water treatment system  
was performing well and meeting regulatory requirements.  
James Christopher, Tetra Tech Vice President, presented the Board with the  
evaluation criteria, sampling results, and various causes of copper corrosion. The  
study concluded that the County's water supply was compliant with regulatory  
standards and consistent with industry practices for corrosion control;  
recommendations to optimize water quality were also provided.  
The Board entered into discussion with Mr. Christopher and received confirmation  
that the County's water was where it needed to be in terms of corrosion inhibition and  
quality. Directory Lieske discussed the process to implement Tetra Tech's  
optimization recommendations. Measures to prevent damage for homeowners were  
discussed, and it was noted a link to the study would be on the County's website.  
Presented  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-1091  
7.A.  
Administrator Approved Work Orders  
Recommended Action:  
There is no action required by the Board as this is being presented for informational  
purposes only.  
Attachments: Staff Report  
Administrator Approved Work Orders  
No Action Taken or Required  
23-1093  
7.B.  
Florida Public Service Commission Consummating Order No.  
PSC-2023-0354-PCO-EI, Petition for limited proceeding for recovery of  
incremental storm restoration costs related to Hurricanes Ian and Nicole, by Florida  
Power & Light Company, is on file for review in the Office of the Clerk to the Board  
Recommended Action:  
Information Only  
No Action Taken or Required  
23-1133  
7.C.  
2024 Treasure Coast Regional Planning Council Comprehensive Economic  
Development Strategy Committee (TCRPC CEDS) District Appointment Member  
Listing  
Recommended Action:  
Informational Only  
Attachments: Staff Report  
Ltr. TCRPC re: CED Appointments  
Chairman Adams announced Kevin Borwick was appointed as the representative  
from District 2.  
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 amended, adding Item 8.P. The motion  
carried by the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
23-1132  
8.A.  
Request for Approval of Golf Now, LLC Services Agreement  
Recommended Action:  
Staff respectfully recommends approval of the GolfNow Agreement and requests that  
the Board authorize its Chairman to sign agreement.  
Attachments: Staff Report  
GolfNow, LLC Contract  
Terms and Conditions  
Approved staff's recommendation  
23-1074  
8.B.  
Miscellaneous Budget Amendment 01  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2023-24 budget  
Attachments: Staff Report  
2023 2024 Resolution  
Exhibit "A"  
Approved staff's recommendation and Resolution 2023-078, amending the Fiscal  
Year 2023-2024 budget.  
23-1100  
8.C.  
Sole Source Designation Requests and Utilization Update  
Recommended Action:  
Staff recommends the Board of County Commissioners declare the vendors and  
products indicated as “new,” “update,” or “renew” on the list of sole source vendors  
as sole source for a three-year period, and authorize the Purchasing Division to issue  
purchase orders in lieu of formal bids or quotes, and as funding is approved by the  
Budget Department.  
Attachments: Staff Report  
BCC Sole Source List  
Approved staff's recommendation  
23-1106  
8.D.  
Award of Annual Bid for Day Labor (Bid 2024022)  
Recommended Action:  
Staff recommends the Board make primary award of Bid 2024022 to HireQuest  
Direct. Staff further recommends the Board approve the sample agreement and  
authorize the Chairman to execute it after review and approval by the County  
Attorney as to form and legal sufficiency and after the required certificates of  
insurance have been received and approved by the Risk Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
23-1109  
8.E.  
Proposed Interlocal Agreement Fiscal Agent Services for the State Attorney's Victim  
Services Department  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the proposed  
Interlocal Agreement dedicating SLC as the fiscal agent for the State Attorney’s  
Victim Services Department.  
Attachments: Staff Report  
Proposed Interlocal Agreement  
Approved staff's recommendation  
23-1113  
8.F.  
Award of RFP 2023055 for Replacement of Playgrounds at Treasure Shores, Round  
Island Oceanside, and Golden Sands Beach Parks  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award the RFP to  
GameTime, and authorize the Purchasing Division to issue Purchase Orders for the  
purchase and installation of the equipment.  
Attachments: Staff Report  
Selected Designs  
Price Proposals  
Approved staff's recommendation  
23-1077  
8.G.  
Revision to Administrative Policy 908.1, Indian River County Disposal of Indigent  
Bodies (Burial and Cremation)  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the proposed  
revisions to Administrative Policy 908.1 and authorize the County Administrator to  
sign the same for incorporation into the County Administrative Policy Manual  
Attachments: Staff Report  
Revised Administrative Policy 908.1  
Approved staff's recommendation  
23-1124  
8.H.  
Renewal of Florida Power and Light (FP&L) Care to Share Agreement  
Recommended Action:  
Staff respectfully recommends the Board approve the renewal of the Care to Share  
agreement with Florida Power & Light and authorize Chairman to sign the Agreement  
Attachments: Staff Report  
Agreement FP&L Care to Share  
Approved staff's recommendation  
23-1116  
8.I.  
Resolution Cancelling Taxes - Purchased from Go Life Holding, LLC  
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  
Warranty Deed Venetian Grove, 12th, 16th, 98th  
Venetian Grove - Warranty Deed, 8th St  
Payment Receipt from Tax Collector  
Approved staff's recommendation and Resolution 2023-079, cancelling certain  
taxes upon publicly owned land, pursuant to Section 196.28, Florida Statutes (Go  
Life Holding LLC).  
23-1079  
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 $ 200,495.00 to Life  
Extension Clinics, Inc., DBA Life Scan Wellness Centers.  
Attachments: Staff Report  
Life Scan Wellness 2024 Quote  
Attachment F Fee Schedule  
Approved staff's recommendation  
23-1112  
8.K.  
Florida Division of Emergency Management Hazard Mitigation Agreement D1495  
and Resolution for Dune Restoration within Beach Management Sector 4  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the DEM Hazard  
Mitigation Grant D1495 Agreement and Resolution and authorize the Chairman to  
execute the same.  
Attachments: Staff Report  
Grant Form  
Authorizing Resolution  
Hazard Mitigation Grant Agreement  
Approved staff's recommendation and Resolution 2023-080, authorizing the  
Chairman's execution of Hazard Mitigation Grant D1495 with the Florida Division  
of Emergency Management for Sector 4 Dune Restoration project costs.  
23-1121  
8.L.  
Florida Communities Trust Guaranty for Indian River Land Trust - 36 Acre Sebastian  
Greenway Parcel  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners consider the  
request made by the Land Trust and, if approved, authorize the Chairman to execute  
the Management Guaranty letter dated December 12, 2023, after review and  
approval by the County Attorney.  
Attachments: Staff Report  
Management Guaranty Letter  
St. Sebastian Greenway Map  
Approved staff's recommendation  
23-1058  
8.M.  
Updated Fee Schedule for the Indian River County Public Shooting Range  
Recommended Action:  
Staff respectfully recommends that the Board approve the proposed Fee Schedule as  
outlined in the table above with an effective date of January 1, 2024.  
Attachments: Staff Report  
FWC Contract Amendment 3  
Approved staff's recommendation  
23-1123  
8.N.  
Information Technology Security Upgrades, IRC-2206, 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. 2 to Don Hinkle Construction, Inc. in the amount of  
$3,208.38 for final payment and release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
23-1126  
8.O.  
Kimley Horn Work Order 6 (RFQ 2023015) for Services Related to Gifford  
Elevated Storage Tank Rehabilitation and Structural Upgrade, IRCDUS Project ID  
13.23.538  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order 6  
to Kimley-Horn and Associates, Inc. to provide Engineering, Design, and  
Construction Phase services for the Gifford Elevated Storage Tank Rehabilitation and  
Structural Upgrade project in the amount of $65,396.00, and authorize the Chair to  
execute the same. So long as there are no changes in the dollar amount under the  
amount approved, upon adequate completion of the work set forth in the work order,  
staff is directed to make final payments to Kimley-Horn and Associates, Inc., after  
review and approval by the Purchasing Manager and the County Attorney’s Office  
Attachments: Staff Report  
Kimley-Horn WO 6  
Approved staff's recommendation  
23-1141  
8.P.  
Utility Work by Highway Contractor Agreement with FDOT for the Adjustment of  
Utility Valves for the SR-60 Resurfacing from West of CR-512 to West of 94th  
Drive - Additional Funds Due  
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  
Utility Work by Highway Contractor Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
23-1110  
9.A.  
Sheriff Eric Flowers re: Arcades in Indian River County  
Discussion  
Recommended Action:  
Attachments: Sheriff's Memo  
Indian River County Sheriff Eric Flowers discussed the negative impacts of adult  
arcades in the County, and his department's investigation which led to issuance of  
cease and desist letters notifying these businesses they were operating illegally per the  
Gaming Control Commission. Sheriff Flowers requested the Board direct the County  
Attorney to draft an Ordinance stating arcades would not be tolerated in the County.  
Chairman Adams sought to ensure the County would not be exposed to any legal  
action; Sheriff Flowers referred to Jacksonville's Ordinance as a model.  
Commissioner Moss spoke in favor of directing the County Attorney to proceed with  
drafting an Ordinance.  
Under discussion, the Board and staff considered ways to approach the Sheriff's  
request to address complaints and associated crime related to arcades. Sheriff  
Flowers noted the Gaming Commission ruled that arcades were not allowed in Indian  
River County, but State regulations had been passed that prevented an outright ban.  
The Commissioners discussed the Jacksonville Ordinance, which heavily regulated  
arcades, and debate was had regarding whether the County's code enforcement staff  
or the Sheriff's deputies would be a more expedient and effective avenue to shut  
down locations which persisted. Consensus was reached to have the Sheriff's legal  
counsel draft an Ordinance, with the County's input, and return before the Board to  
discuss the matter further.  
Sheriff Flowers was directed to return before the Board with language regarding  
regulation of Arcades in the County.  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
23-1136  
10.A.1.  
Amendment to Indian River Code Chapter 210 Tourist Development Tax  
Recommended Action:  
Staff recommends the Board conduct the Public Hearing on the proposed  
ordinance amendment, take testimony from interested parties, approve the  
proposed amendment repealing the “sixth cent” of Tourist Tax, but retain the  
current allocation of funds, and authorize the Chairman to execute the amendment  
on behalf of the Board.  
Attachments: Staff Report  
Proposed Ordinance Amendment  
County Attorney Bill DeBraal recalled that on August 29, 2023, the Board  
approved an ordinance amendment which added an additional cent to the  
County's Tourist Development Tax, earmarked for beach renourishment. The  
County was subsequently informed that the State had amended requirements  
regarding local Tourist Taxes to require increases be approved via referendum at  
a general election. The ordinance before the Board would repeal the additional  
cent passed in August, and the item would return for a vote via referendum at the  
November 2024 general election.  
The Chairman opened the public hearing for comments.  
Ben Earman, Director of Tourism Marketing with Visit Indian River County,  
spoke in favor of the increase to the Tourist Tax which would preserve the  
County's beaches.  
There being no further comments, the Chairman closed the public hearing.  
Attorney DeBraal noted the deadline to submit the referendum for the November  
election ballot was August 15, 2024, and staff would return before the Board with  
the final language for it.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendations and to adopt Ordinance 2023-018,  
amending Section 210.01 (Taxing District and Levy) and Section 210.03  
(Authorized Uses of Revenue) of Chapter 210 (Tourist Development Tax) of the  
Code of Indian River County, Florida to reallocate the authorized uses of the  
tourist development tax revenue; and providing for codification, severability,  
repeal of conflicting provisions, and an effective date. The motion carried by  
the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
23-1095  
10.A.2.  
2023 Indian River County Amended Wind Speeds Maps  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the proposed  
ordinance amending Section 401.07 of the Code of Indian River County,  
approving the amended Wind Speeds Risk Maps.  
Attachments: Staff Report  
Current – Exhibit 1 Wind Speeds Risk Categories 1-3 Map  
Current – Exhibit 2 Wind Speeds Risk Category 4 Map  
New – Exhibit 1 Wind Speeds Risk Categories 1-3 Map  
New – Exhibit 2 Wind Speeds Risk Category 4 Map  
Proposed Ordinance  
[Clerk Note: This Item was heard following the recess for the Item 12.D.1.,  
Executive Session]  
Andy Sobczak, Planning and Development Services Director, appeared before  
the Board to present a recommended update to the Florida Building Code (FBC)  
Wind Speeds Risk Maps. He noted the boundaries for the wind speed lines were  
locally determined, and also explained the risk categories, scaled one (1) through  
four (4), for different structures. Maps were displayed showing I-95 as the  
County's threshold for 140 mph wind speed risk in categories 1, 2, and 3, and  
compared that with maps showing the State's new boundary along CR 512 to the  
west. Staff recommended updating the wind speed map boundaries in the  
County's code to align with the State's map.  
Chairman Adams entered into discussion with the County's Building Official, Scott  
McAdam, regarding the ramifications of moving the boundary west, and she  
expressed concern for potentially increasing the cost of construction in a low  
income area. Mr. McAdam did not believe the change would affect insurance  
rates, as with flood zone boundaries. Commissioner Moss received confirmation  
that the State's recommendations were more than three years old. County  
Administrator John Titkanich received confirmation adherence to codes was not  
retroactively required, however, Mr. McAdam declined to speculate how  
insurance companies would react. Vice Chairman Flescher discussed the impact  
to the housing market.  
The Chairman opened the public hearing for comments. There being none, the  
Chairman closed the public hearing.  
Chairman Adams expressed concern for the timing and financial impact of the  
changes, while acknowledging the increased safety. Discussion ensued with an  
exploration of the impact to future development, especially in the area surrounding  
the future Oslo/I-95 interchange. Opinions expressed included the benefits of  
having higher standards in place before anticipated new construction, mitigating  
insurance premiums for underbuilt structures, hardening new construction against  
wind damage, and the benefit of aligning the County with the State's standards.  
Director Sobczak discussed his department's methods to disseminate the  
information to the building community, which included meeting directly with  
builders.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to adopt Ordinance 2024-019, amending Section 401.07 (the Indian  
River County Wind Borne Debris Region and Basic Wind Speed Map) of Part I  
(Standard Codes Generally) of Chapter 401 (Building Codes) of the Code of  
Indian River County, to replace the existing wind speed map with two  
updated wind speed maps; and providing for codification; severability;  
conflict of ordinances; and effective date of the ordinance. The motion  
carried by the following vote:  
3 - Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar  
1 - Chairman Adams  
Aye:  
Nay:  
1 - Commissioner Earman  
Absent:  
B. PUBLIC DISCUSSION ITEMS  
23-1120  
10.B.1.  
Request to Speak from D. Remole re: Request for a Traffic Light at the  
Intersection of 58th Ave and 16th St.  
Attachments: Request to speak D.Remole  
Darrell Remole appeared before the Board to discuss a request for a traffic light  
at the intersection of 58th Avenue and 16th Street which had been denied based  
on a survey done by the County. Mr. Remole disagreed with the finding and took  
issue with a traffic light installation at the less-busy intersection of 58th Avenue  
and 69th Street. He discussed the danger and recent accidents at the 16th Street  
intersection.  
Vice Chairman Flescher discussed the County's process to assess and install  
traffic lights, and noted the factors for those choices may not be obvious to the  
public.  
Chairman Adams confirmed for Mr. Remole that the Board had received the  
letter and petition from the residents of the Segovia Lakes subdivision requesting a  
traffic light at the 58th Avenue and 16th Street intersection.  
No Action Taken or Required  
23-1138  
10.B.2.  
Request to Speak T.Kenny re: CSAC  
No Action Required  
Recommended Action:  
Attachments: Public Discussion Request T.Kenny  
Thomas Kenny, Moms for Liberty, addressed the Board with his concerns  
regarding accounting oversight for the Children's Services Advisory Committee  
(CSAC). Mr. Kenny explained his rationale for specifically taking issue with  
CSAC funds awarded to the Learning Alliance; the money was used to support  
literacy programs in the County's public schools.  
Chairman Adams noted the County funded programs, not agencies, and referred  
him to the new guidelines CSAC was issuing for the process of awarding money.  
Commissioner Moss invited Mr. Kenny to the next CSAC meeting and offered to  
speak with him regarding his concerns.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
23-1039  
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 plan with any amendments as needed. Staff further recommends that  
the Board authorize the Chair to execute the City of Fellsmere Broadband Agreement  
and any agreements with the funding partners that is consistent with our Federal  
requirements.  
Attachments: Staff Report  
ARP Proposed Spending Plan  
City of Fellsmere Broadband Agreement  
County Administrator John Titkanich referred to staff's memo dated November 30,  
2023, in presenting the proposed spending plan revisions for the County's $31 million  
share of the American Rescue Plan (ARP) funds. Descriptions of projects were given  
for each of the spending categories: Response to the Public Health Emergency  
(COVID), Workers Performing Essential Work, Water/Sewer or Broadband  
Infrastructure, and Constitutional Officer Expenses.  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
to approve staff's recommendation The motion carried by the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
12. DEPARTMENTAL MATTERS  
A. Community Services  
B. Emergency Services  
C. Human Resources  
D. Information Technology  
23-1075  
12.D.1.  
TIME CERTAIN 10:30 am -- Executive Session  
County Attorney Bill DeBraal read into the record the opening remarks of the  
Attorney-Client Session scheduled for 10:30 am. The estimated time of the closed  
Attorney-Client Session was 60 minutes. Those in attendance were Susan Adams  
(Chairman), Joseph E. Flescher (Vice Chairman), Commissioners Joseph  
Earman, Deryl Loar and Laura Moss. Also in attendance were County Attorney  
Bill DeBraal, County Administrator John Titkanich, Information Technology  
Director Dan Russell, and a certified court reporter.  
The Board reconvened in the Chambers at 11:20 am, and the Chairman closed  
the Attorney-Client Session. The County Commission meeting resumed with Item  
10.A.2.  
No Action Taken or Required  
E. Natural Resources  
F. Office of Management and Budget  
G. Parks, Recreation, and Conservation  
23-1057  
12.G.1.  
Environmental Lands Acquisition Panel (ELAP) Recommendation for Finalization  
of Draft Environmental Lands Program (ELP) Guide  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners review  
the proposed recommendations from the ELAP for the ELP Guide, and provide  
staff with their comments and direction for finalization of the document.  
Attachments: Staff Report  
Full ELPG with ELAP Revisions 12.05.23  
ELPG with ELAP Revisions TRACK CHGS  
Parks, Recreation and Conservation Director Beth Powell opened the  
presentation with an overview of the County's Conservation Lands Program, then  
discussed the creation of the Environmental Lands Program (ELP) Guide which  
provided a framework for the Environmental Land Acquisition Panel (ELAP) to  
follow. Conservation Lands Manager Wendy Swindell then reviewed the changes  
included in the revised ELP. She noted the bulk of the revisions were made to the  
land acquisition process/procedures, and land evaluation considerations.  
Under discussion with Commissioner Moss, Ms. Swindell informed of ELAP's  
evaluation prioritization criteria; safeguards to protecting land; minimizing public  
impact in conservation areas; and finding the best and highest use for the land.  
Ms. Swindell informed the ELAP had issued an RFP for an acquisition consultant,  
and the Panel's recommendation would be brought before the Board for  
approval. Vice Chairman Flescher thanked all who served on the ELAP.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve staff's recommendation. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
H. Planning and Development Services  
I. Public Works  
J. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
23-1111  
13.A.  
Charging Criminal Defendants Additional Fees  
Recommended Action:  
Discuss and decide whether the Board wishes to direct staff to amend the code in  
order to charge for additional court costs in criminal cases.  
Attachments: Staff Report  
County Attorney Bill DeBraal explained that Florida Statutes allowed counties to  
charge $65 in court fees to a defendant found guilty of a crime; the funds were  
allocated to programs for the community. Recently, the State affirmed the practice of  
charging defendants a $65 court fee for each count of a crime that returned a guilty  
verdict. It was estimated the collected fees could bring in an additional $300,000 for  
community programs, if the board chose to amend the County's code. Attorney  
DeBraal warned that the 19th Circuit's Public Defender would likely challenge this  
practice.  
Vice Chairman Flescher spoke in favor of the change, and acknowledged the Court  
may not collect all the fees assessed.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve directing staff to amend the Code in order to charge for  
additional court costs in criminal cases. The motion carried by the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
23-1115  
13.B.  
Approval of Opioid Settlement Proceeds  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners discuss the recommended allotments made by the Public  
Safety Council for Criminal Justice, Mental Health and Substance Abuse and adopt  
the authorizing Resolution and authorize the Chairman to execute the Resolution on  
behalf of the Board.  
Attachments: Staff Report  
Resolution  
Schedules A and B from MOU with AG  
County Attorney Bill DeBraal informed the County would receive approximately $1.2  
million in fiscal year 2023-24 from Opioid Settlement proceeds to be used for opioid  
use disorder treatment programs. The funds would be distributed, at the Board's  
direction, by the Southeast Florida Behavioral Health Network (Southeast). In  
November 2023, the Board-created Public Safety Council for Criminal Justice,  
Mental Health and Substance Abuse (Council) heard presentations from groups  
requesting funds and recommended awarding the following organizations: Indian River  
County Sheriff, Substance Awareness Center, IRC Mental Health Collaborative, 19th  
Judicial Circuit Drug Court, and the Treasure Coast Homeless Council. Attorney  
DeBraal requested the Board's consideration of the recommendations.  
Chairman Adams questioned accountability, allocations and expressed concern over  
the seeming lack of a master plan for these funds over the next 18 years. Discussion  
ensued between the Board and Attorney DeBraal regarding allocations, measurable  
outcomes, and the need to ramp-up programs before evaluating them. The Chairman  
continued to express the need for an over-arching plan, and suggested giving funds to  
already-established programs.  
Vice Chairman Flescher, a member of the Council, discussed the justice system  
process drug addicts faced, the need to build dedicated treatment beds, and the  
presentations made before the Council which led to the decisions. In response to the  
Chairman's and Commissioner Loar's discomfort with limited information, a  
suggestion was made to have the awarded agencies appear before the Board with a  
short version of their presentations. It was noted there was a sense of urgency to start  
creating spaces to help treat addicts who would not otherwise receive assistance  
through the criminal justice system.  
Consensus was reached to table the item until the January 9, 2024 Board meeting  
when the five (5) agencies would appear before the Board to present their plans for  
the funds. Staff was requested to provide the Commissioners with background  
information ahead of the next meeting.  
Miranda Swanson, Indian River County Health Officer, agreed with the need for a  
structured plan and made a plea on behalf of families struggling with affects of opioid  
addiction whose only path was through the jail system. She added the Health  
Department's support for the Item.  
Consensus was reached to table the Item and to bring it back to the Board at  
their next meeting on January 9, 2024, where the five (5) organizations chosen to  
receive funds would present their plans before the Board.  
23-1118  
13.C.  
Authorization to proceed with foreclosures on Code enforcement case number  
2017040073 (Ledford)  
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 cases.  
Attachments: Staff Report  
Ledford Order Imposing Fine  
Ledford Deed  
Deputy County Attorney Susan Prado brought forward a proposal for foreclosure of  
a property at 136 15th Street SW. Attorney Prado detailed the code violations which  
stretched back to 2017, and noted the accumulated fines of $229,900 far outweighed  
the $30,000 assessed value of the property. She recommended proceeding with  
foreclosure, and estimated $7,000 in legal fees.  
Chairman Adams agreed it was important to clean up the property and move  
forward.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
The Chairman called for a recess at 1:08 p.m., and reconvened the meeting at 1:14  
p.m. with all members present, except Commissioner Earman who was absent.  
23-1134  
13.D.  
PFAS Class Action Settlement; In Re: Aqueous Film Forming Foams Product  
Liability Litigation  
Recommended Action:  
The County Attorney’s Office recommends the BOCC resolve to opt-in to the class  
action lawsuit because we would fall into class members. The County Public Water  
Systems immediately complete baseline testing and submit results on the relevant  
Claims Forms, the Claimant Information Form, as well as the Public Water System  
Settlement Claims Form to the Claims Administrator. The County Attorney’s Office  
also recommends it consider taking steps to eliminate PFAS from our public drinking  
water.  
Attachments: Staff Report  
Keith Jackman, Assistant County Attorney, informed the Board of two (2)  
class-action lawsuit settlements surrounding forever-chemicals known as PFAS. He  
provided information about PFAS and their ill-effects on health before describing the  
two settlements, and the testing needed to file a claim. Mr. Jackman made mention of  
the County's nano-filtration systems in place for PFAS, and warned of expected EPA  
(Environmental Protection Agency) regulations.  
Utility Services Director Sean Lieske provided additional information on the County's  
filtration systems and the extremely low levels of PFAS detected in the drinking water  
supply; he noted settlement funds would be used to enhance the County's efforts.  
Director Lieske also discussed the EPA's focus on the issue, and that the additional  
testing would leave the County well-positioned to address any regulation.  
Chairman Adams received confirmation the lawsuits' opt-out deadlines had passed,  
and briefly reviewed staff's recommendations.  
A motion was made by Vice Chairman Flescher, seconded by Chairman Adams,  
to approve staff's recommendation. The motion carried by the following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
23-1135  
13.E.  
Developer’s Agreement Between Mandala Village, LLC and Indian River County  
Recommended Action:  
Staff recommends the Board approve the Developer’s Agreement with Mandala  
Village LLC and authorize the Chairman to execute it on behalf of the Board.  
Attachments: Staff Report  
Aerial photo  
Comparison of Developer’s Agreements  
Proposed Developer’s Agreement  
County Attorney Bill DeBraal brought forward the Developer's Agreement between  
Mandala Village, LLC and the County to construct certain improvements as required  
in the Planned Development Traditional Neighborhood Design rezoning. Attorney  
DeBraal displayed a map as he detailed the improvements: dedication of right-of-way  
(ROW) along the 53rd Street border; paving for 53rd Street; turn lane improvements;  
drainage; and ROW for 58th Avenue between 49th Street and 57th Street. He added  
there was one change to the agreement which extended the deadline for ROW  
dedication from 60 days to 90 days.  
Commissioner Moss mentioned the previously-raised concerns regarding traffic from  
the planned hotel. Attorney DeBraal informed staff had reviewed the plan and  
concluded that the two-lane road would be sufficient to handle all traffic from the  
development. Vice Chairman Flescher noted the agreement would allow for proper  
handling of traffic, and was unrelated to his previous disapproval of the project.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
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  
B. Solid Waste Disposal District  
The Board reconvened as the Board of Commissioners of the Solid Waste  
Disposal District. Those minutes will be approved under the next Solid Waste  
Disposal District meeting.  
23-1128  
15.B.1.  
Amendment Work Order No. 18 to Geosyntec for Segment 3, Cell 3 Site  
Preparations  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approves and  
authorizes the Chairman to sign Amendment No. 1 to Work Order No. 18  
authorizing Geosyntec to provide engineering services for a not to exceed fee of  
$39,783.73  
Attachments: Staff Report  
WO 18 Amendment 1  
Budget Estimate Geosyntec  
Segment 3 Cell 3 Site Preparation Amendment 1  
There was no discussion regarding this item.  
A motion was made by Vice Chairman Flescher, seconded by Chairman  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
23-1129  
15.B.2.  
Work Order No. 7 to Kimley-Horn for the Solid Waste Disposal District Annual  
Financial Reports  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
Work Order No. 7 with Kimley-Horn and Associates, Inc. for $75,050 to  
provide engineering services related to the SWDD Annual Financial Reports; and  
authorize the Chairman to execute the same, as presented  
Attachments: Staff Report  
Work Order No. 7 - KHA  
There was no discussion regarding this item.  
A motion was made by Vice Chairman Flescher, seconded by Chairman  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
23-1130  
15.B.3.  
Authorization to provide LFG Easements on the Landfill Property  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve:  
a) Approve the fifty-foot-wide temporary LFG construction easement and grant  
Nopetro Eco District, LLC the non-exclusive easement in accordance with the  
easement drawings. b) Approve the twenty-foot-wide sub-lateral “C-5” canal  
crossing LFG easement and grant Nopetro Eco District, LLC the non-exclusive  
easement in accordance with the easement drawings. c) Approve the  
twenty-foot-wide LFG easement and grant Nopetro Eco District, LLC the  
non-exclusive easement in accordance with the easement drawings. d) Direct the  
County Attorney’s Office to finalize the legal documents to record the approved  
non-exclusive easements. e) Authorize the Chairman to execute the final legal  
documents to effectuate the granting of the approved non-exclusive easements.  
Attachments: Staff Report  
50-Foot Wide Temporary Easement  
20-Foot Wide Sub-Lateral C-5 Canal Easement  
20-Foot Wide Sub-Lateral LFG Easement  
Environmental Assessment  
[Clerk Note: This item was heard following Item 13.B.]  
Himanshu Mehta, Solid Waste Disposal District (SWDD) Managing Director,  
explained the requested easements were needed to construct, install, and maintain  
landfill gas (LFG) lines between the SWDD landfill and the Nopetro Eco District's  
(NED) planned construction of a Renewable Natural Gas (RNG) processing  
facility. Because the NED recently acquired an alternate parcel of land for the  
RNG facility, new easements were required to fulfill the SWDD's obligation to the  
project.  
Nopetro's CEO, Jorge Herrera, presented an update to the RNG plant  
development which included a timeline with expected LFG commencement in  
January 2025.  
Chairman Adams received confirmation that an amendment to NED's agreement  
with the County to extend the original milestones by 90 days was in progress.  
County Attorney Bill DeBraal received information regarding additional items that  
were being negotiated under the forthcoming amendment.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and  
Commissioner Loar  
1 - Commissioner Earman  
Absent:  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 1:39 p.m.