Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.ircgov.com  
Board of County Commissioners  
Joseph H. Earman, District 3, Chairman  
Susan Adams, District 1, Vice Chairman  
Joseph Flescher, District 2  
Deryl Loar, District 4  
Laura Moss, District 5  
Michael C. Zito, Interim County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, January 17, 2023  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Joe Earman  
Vice Chairman Susan Adams  
Commissioner Joseph Flescher  
Commissioner Deryl Loar  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center  
3. PLEDGE OF ALLEGIANCE  
Commissioner Laura Moss  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Commissioner Deryl Loar made a motion to delete Item 13.B. due to the fact that the  
County had been operating without an agreement since 2017, and he thought the  
Interim County Administrator needed time to be brought up to speed on the issue and  
felt it was only prudent to postpone until more research could be done.  
Commissioner Flescher agreed the Agenda Item should be deleted for further  
research. Vice Chairman Adams stated the agreement had been in the works for the  
past six years and it was irresponsible to be operating without an agreement and was  
not in favor of deleting the Item from the Agenda. Commissioner Moss was in  
agreement with Vice Chairman Adams to keep it on the Agenda.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to delete Item 13.B. The motion failed by the following vote:  
2 - Commissioner Flescher, and Commissioner Loar  
Aye:  
Nay:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Moss  
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Move: Item: 15.A.1, 15.A.2, and 15.A.3 to follow Consent Agenda  
Delete: Item: 10.B.2  
A motion was made by Vice Chairman Adams, seconded by Commissioner Moss,  
to approve the Agenda as amended. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-1083  
5.A.  
Proclamation Recognizing Rabbi Michael Birnholz In Celebration of 20 Years of  
Outstanding Dedication  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Rabbi Michael Birnholz was joined by his wife Jill as he accepted the Proclamation  
and recounted his work in the community. He thanked the Board for the recognition.  
Read and presented by Commissioner Joe Flescher  
23-0009  
5.B.  
Presentation of Proclamation Honoring Cindy Carlsward On Her Retirement From  
the Indian River County Clerk of Court and Comptroller With 30 Years of Service  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Ms. Cindy Carlsward was joined by family, friends, and colleagues as she accepted  
the Proclamation and recounted her experience during her 30-year career and stated  
she would miss all the people who had crossed her path. She was very honored and  
grateful for the recognition.  
Clerk of the Circuit Court and Comptroller Jeffrey Smith commented he would not  
have been able to do his job without Ms. Carlsward. He wished her all the best and  
would be sad she would no longer be in the office.  
County Attorney Dylan Reingold along with Interim County Administrator Mike Zito  
also stated their appreciation for Ms. Carlsward.  
Read and presented by Chairman Earman.  
23-0031  
5.C.  
Presentation of Proclamation Honoring Dan L. Vaughn, Circuit Judge, 19th Judicial  
Circuit  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Circuit Judge Dan Vaughn stated the Proclamation was unexpected and thanked the  
Board for the recognition.  
Read and presented by Vice Chairman Adams  
22-1116  
5.D.  
Presentation by AARP Florida of Certificate of Completion of the Livable Indian  
River Action Plan  
Attachments: Request from Livable Indian River  
Associate State Director for Community Engagement for AARP of Florida Ingrid  
Collins thanked the Board for their leadership in making the community an even better  
place for people of all ages. She stated Indian River County had completed it's  
Livable Action Plan and Indian River County was one of 45 age-friendly communities  
in Florida. Ms. Collins commented that it had been a pleasure to work with the  
Senior Collaborative of Indian River County, and thanked many other partner  
organizations and community members who have contributed to this action plan.  
Vice Chairman Susan Adams thanked the group for their work and all of their efforts.  
No Action Taken or Required  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Regular Meeting Minutes of October 18, 2022, November  
1, 2022, and November 8, 2022, as written. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0017  
6.A.  
Regular Meeting of October 18, 2022  
Approve  
Recommended Action:  
Attachments: 10182022 BCC Final  
Approved  
23-0019  
6.B.  
Regular Meeting of November 1, 2022  
Approve  
Recommended Action:  
Attachments: 11012022 BCC Draft  
Approved  
23-0028  
6.C.  
Regular Meeting of November 8, 2022  
Approve  
Recommended Action:  
Attachments: 11082022 BCC Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-0002  
7.A.  
2023 Treasure Coast Regional Planning Council (TCRPC) Appointments  
Inform  
Recommended Action:  
Attachments: Information Memo  
Chairman's letter  
No Action Taken or Required  
23-0005  
7.B.  
City of Sebastian, Notice of Voluntary Annexation: Ordinance No. O-22-14 for  
property located at 11355 Old Dixie Highway. A copy of the adopted ordinance  
with a map and legal description are on file in the Office of the Clerk to the Board.  
Recommended Action:  
Information Only  
No Action Taken or Required  
23-0006  
7.C.  
Florida Public Service Commission Order PSC-2022-0433-TRF-EI; In re: Petition  
for limited proceeding to approve refund and rate reduction resulting from  
implementation of Inflation Reduction Act, by Florida Power & Light Company; if a  
protest is filed within 21 days of issuance of order, tariff shall remain in effect with  
charges held subject to adjustment, pending resolution of the protest; if no timely  
protest, docket to be closed on issuance of a CO; protest due 1/11/2023, a copy is  
on file in the Office of the Clerk to Board.  
Recommended Action:  
Information Only  
No Action Taken or Required  
23-0007  
7.D.  
Appointment of Robert J. Votaw to the Planning and Zoning Commission  
Representing District 2  
Recommended Action:  
Inform  
Attachments: Commissioner's Memorandum  
Application & Resume  
Commissioner Joe Flescher welcomed Mr. Robert Votaw to the Planning and Zoning  
Commission (PZC). Mr. Votaw thanked Commissioner Flescher for the appointment  
to the PZC.  
No Action Taken or Required  
23-0015  
7.E.  
Indian River County Venue Event Calendar Review  
Informational item only; no Board action required  
Recommended Action:  
Attachments: Venue Event Calendar  
Chairman Earman highlighted the following events: Under the Lights Clay Shooting at  
the IRC Shooting Range, Go Explore IRC Hiking Challenge, CPR Training at the  
Gifford Aquatic Center, and the Daddy-Daughter Dance, a Red-Carpet Affair at the  
iG Center.  
Vice Chairman Adams invited everyone out for a “frogtastic” good time at the 32nd  
Annual Fellsmere Frog Leg Festival. There would be over 3,000 pounds of frog legs,  
2,000 pounds of gator tail, entertainment, and carnival rides.  
No Action Taken or Required  
23-0027  
7.F.  
Letter of Agreement Crime Stoppers Trust Fund Grant  
Informational Only - No Action Required  
Recommended Action:  
Attachments: Staff Report  
Crime Stoppers Agreement  
No Action Taken or Required  
Children’s Services Advisory Committee - Re-Appointment of District 4 Representative  
Informational Item  
23-0037  
7.G.  
Recommended Action:  
Attachments: Commissioners Memorandum  
No Action Taken or Required  
Children’s Services Advisory Committee - Resignation of District 3 Appointee Heather  
Grall Barwick  
23-0038  
7.H.  
Recommended Action:  
Informational Item  
Attachments: Commissioner's Memorandum  
Chairman Joe Earman announced Heather Grall Barwick had resigned as his  
appointee to the Childrens Services Advisory Committee and thanked her for her  
service.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Consent Agenda as amended, pulling Item 8.V. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
22-1111  
8.A.  
8.B.  
8.C.  
Checks and Electronic Payments December 2, 2022 to December 8, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 2, 2022 to December 8, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-1112  
Checks and Electronic Payments December 9, 2022 to December 15, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 9, 2022 to December 15, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-1118  
Checks and Electronic Payments December 16, 2022 to December 22, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 16, 2022 to December 22, 2022  
Attachments: Finance Department Staff Report  
Approved  
23-0004  
8.D.  
8.E.  
8.F.  
Checks and Electronic Payments December 23, 2022 to December 29, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 23, 2022 to December 29, 2022  
Attachments: Finance Department Staff Report  
Approved  
23-0030  
Checks and Electronic Payments December 30, 2022 to January 5, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 30, 2022 to January 5, 2023  
Attachments: Finance Department Staff Report  
Approved  
22-1048  
Miscellaneous Budget Amendment 01  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2022-23 budget.  
Attachments: Staff Report  
2022 2023 Resolution  
Exhibit "A"  
Approved Resolution 2023-001, amending the Fiscal Year 2022-2023 budget.  
23-0012  
8.G.  
Declaration of Excess Equipment as Surplus  
Recommended Action:  
Staff recommends the Board declare the items on the Excess List for 011723 Agenda  
as surplus, and authorize their disposal  
Attachments: Staff Report  
Excess List for 011723  
Approved staff's recommendation  
22-1062  
8.H.  
Renewal of Annual Bid 2022027 for Natural Areas and Exotic Vegetation  
Management/Mowing  
Recommended Action:  
Staff requests that the Board of County Commissioners approve the First Extension  
and authorize the Chairman to execute it after the County Attorney has approved it as  
to form and legal sufficiency, and upon receipt and approval of the required insurance  
by Risk Management..  
Attachments: Staff Report  
First Extension  
Approved staff's recommendation  
22-1064  
8.I.  
Master Plan Study Phase Agreement for Emergency Operations Center Expansion  
Design (RFQ 2022062)  
Recommended Action:  
Staff recommends the Board approve the Master Plan Study Phase Agreement with  
Spiezle and authorize the Chairman to execute it after review and approval by the  
County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Master Plan Study Phase Agreement  
Approved staff's recommendation  
22-1110  
8.J.  
Interest Rate Change on All County Financing (Petition Paving, Utility Assessment  
Projects, Utility Impact Fees, etc.)  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the fixed interest  
rate of 7.5%. Staff further recommends that this rate remain in effect for calendar  
year 2023 for all County financing with the exception of projects directly affiliated  
with a bond issue for which the bond covenants dictate a different interest rate.  
Attachments: Staff Report  
County Financing Interest Rate History  
Approved staff's recommendation  
22-1114  
8.K.  
First Extension to Agreement for Custodial Services for the County Administration  
Complex  
Recommended Action:  
Staff recommends that the Board approve the First Extension and authorize the  
Chairman to sign it after the County Attorney has approved it as to form and legal  
sufficiency.  
Attachments: Staff Report  
First Extension  
Approved staff's recommendation  
22-1113  
8.L.  
Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of  
the Indian River County Code, Codifying and Publishing the Ordinances to Readopt  
the Code as Published by the Municipal Code Corporation  
Recommended Action:  
Authorize staff to advertise for a public hearing on February 7, 2023 to amend  
Section 100.03(4) of the Indian River County Code.  
Attachments: Staff Report  
Approved staff's recommendation  
22-1115  
8.M.  
Resolution for Designation of Authority to Utilities Director or Designee to Execute  
Lien Releases/Satisfactions for Road Paving Assessments  
Recommended Action:  
County staff recommends that the Board approve the draft Resolution authorizing the  
Utilities Director or their designee to sign the release of lien for paving assessments so  
long as it is signed by the County attorney or their designee for legal sufficiency.  
Attachments: Staff Report  
Draft Resolution  
Approved Resolution 2023-002, authorizing the County Utilities Director or his  
designee, on behalf of the Board of County Commissioners, to execute certain  
lien documents relating to paving assessments, including satisfactions and  
releases under Chapter 206 of the Code of Indian River County.  
23-0032  
8.N.  
Amendment to Mediated Settlement Agreement Shelly and Stephen Ryan  
Recommended Action:  
The County Attorney’s Office recommends that the Board approve the Amendment  
to the Mediated Settlement Agreement and authorize the Chairman to execute the  
Amendment on behalf of the Board.  
Attachments: Staff Report  
Aerial Photo of the Ryan property  
Amendment to Mediated Settlement Agreement  
Approved staff's recommendation  
23-0016  
8.O.  
Amendment One to SJRWMD’s cost-sharing agreement with Indian River County  
for plugging abandoned artesian wells  
Recommended Action:  
Staff recommendations that the Board of County Commissioners approve  
Amendment One to SJRWMD’s cost-sharing agreement with Indian River County,  
and authorize the Chairman to sign the amendment.  
Attachments: Staff Report  
Amendment One  
Approved staff's recommendation  
23-0021  
8.P.  
Approval of Advance Purchase of Golf Cart Fleet  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Division to issue a Request for  
Proposals for 160 gasoline golf carts, utility cart, range cart and beverage cart.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0023  
8.Q.  
Work Order Number 7, Continuing Architectural Services Contract RFQ 2018063  
Fran B Adams (North County) RegionalPark - New Restroom / Stand Alone  
Structure Architectural Services  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 7 for the Fran  
B Adams (North County) Regional Park New Restroom / Stand Alone  
Structure construction documents, bidding, and permitting assistance, and  
construction administration in Continuing Consulting Architectural Services  
Agreements for RFQ 2018063, with Edlund, Dritenbas, Binkley Architects and  
Associates, P.A.authorizing the professional services as outlined in Exhibit A,  
and request the Board authorize the Chairman to execute Work Order Number  
7.  
Attachments: Staff Report  
Work Order #7  
Proposal  
Approved staff's recommendation  
23-0024  
8.R.  
Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063  
Hosie Shumann Park Improvements Architectural Services  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 8 for the  
Hosie Shumann Park Improvements construction documents, bidding, and  
permitting assistance, and construction administration in Continuing Consulting  
Architectural Services Agreements for RFQ 2018063, with Edlund, Dritenbas,  
Binkley Architects and Associates, P.A. authorizing the professional services as  
outlined in Exhibit A, and request the Board authorize the Chairman to execute  
Work Order Number 8.  
Attachments: Staff Report  
WO8 Hosie Shumann  
#8 Proposal Hosie Schuman  
Approved staff's recommendation  
23-0034  
8.S.  
Approval of Public Official Bond for Anna J. Kirkland, Indian River County  
Mosquito Control District  
Recommended Action:  
Approve  
Attachments: Memorandum - Approval of Public Official Bond  
Public Official Bond - Anna J. Kirkland  
Approved  
23-0035  
8.T.  
Sebastian River Improvement District - Indian River County Fire Station #7,  
Interlocal Agreement (IRC-1911)  
Recommended Action:  
Public Works recommends the Board of County Commissioners approve the  
“Sebastian River Improvement District - Indian River County Fire Station #7  
Interlocal Agreement” and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Interlocal Agreement  
Approved staff's recommendation  
23-0039  
8.U.  
Amendment No. 2 to St. Johns River Water Management District Grant Agreement  
36528 for the Moorhen Marsh Low Energy Aquatic Plants System (LEAPSTM)  
Stormwater Treatment Facility  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Amendment  
No. 2 to Grant Agreement 36528 extending the terms of the grant from January 31,  
2023 to March 29, 2023 in order to allow for completion of construction for the  
Moorhen Marsh LEAPSTM, and authorize the Chairman to execute Amendment No.  
2
Attachments: Staff Report  
Amendment No. 2  
Approved staff's recommendation  
23-0044  
8.V.  
Update - 2023 State Legislative Program  
Recommended Action:  
It is staff’s recommendation that the Indian River County Board of County  
Commissioners accept the IRC 2023 State Legislative Program for use during the 2023  
Legislative Session.  
Attachments: Staff Report  
2023 State Legislative Program  
Legislative Affairs and Communications Manager Kathy Copeland, using a  
PowerPoint presentation, provided an update on the 2023 Florida Association of  
Counties Legislative Conference.  
A motion was made by Commissioner Loar, seconded by Vice Chairman Adams,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN  
THE OFFICE OF THE CLERK TO THE BOARD.  
23-0013  
10.A.1  
Consideration of Land Development Regulation (LDR) Amendments to Section  
930.07(2)(i) to Allow for Exceptions to the Cut and Fill Balance Requirements  
for Commercial / Industrial Developments in Flood Hazard Areas  
(LEGISLATIVE)  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the proposed  
cut and fill balance ordinance  
Attachments: Staff Report  
Proposed LDR Subsection 931.07(2)(i)  
Draft 12-8-22 PZC Minutes  
Draft Ordinance  
Chief of Environmental Planning and Code Enforcement Rebeca Guerra utilized a  
PowerPoint presentation to outline the Land Development Regulation (LDR)  
amendment to allow for exceptions to the cut-and-fill balance requirements for  
commercial/industrial developments in flood hazard areas. Ms. Guerra stated that  
at its regular December 8, 2022 meeting, the Planning and Zoning Commission  
(PZC) conducted a public hearing and voted (7-0) to recommend that the Board  
of County Commissioners adopt the proposed Ordinance.  
The Chairman opened the public hearing.  
Vice President of Black Swan Consulting Joseph Paladin stated Ms. Guerra had  
done a tremendous job and added his support for the Ordinance.  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to adopt Ordinance 2023-001, concerning an amendment to its Land  
Development Regulations (LDR); providing for an amendment to Chapter 930,  
Stormwater Management and Flood Protection; by amending Section  
930.07(2)(i), flood protection requirements, additional requirements; and by  
providing for repeal of conflicting provisions; codification; severability; and  
effective date. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0014  
10.A.2  
Request for the Board of County Commissioners to Consider an Ordinance  
Modifying Title X Impact Fee Ordinance Regulations and Appendix X  
(LEGISLATIVE)  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the proposed  
modifications to Title X, Impact Fees, eliminating impact fees for single-family  
homes and multi-family units of less than 1,500 square feet for households with  
incomes below 80% of area median income as contained in the ordinance.  
Attachments: Staff Report  
Draft Ordinance  
Appendix A  
VIP Matrix  
Waiver / Reduction Application  
Chief of Long-Range Planning John Stoll utilized a PowerPoint presentation to  
give a brief definition and timeline of impact fees and the proposed Ordinance  
amendment on the affordable housing impact fee waiver process.  
Under discussion, Commissioner Loar received information that the income for  
affordable home buyers was not monitored, however, the homeowner enters into  
a formal impact fee waiver agreement that is registered with the County. If the  
homeowner was found to be in violation of the said agreement, there would be a  
3% penalty.  
The Chairman opened the public hearing.  
Joe Paladin of Black Swan Consulting added that impact fees were one of the  
few means to have new development pay for itself, but was in support of reducing  
or eliminating the impact fees for affordable housing.  
There being no further comments, the Chairman closed the public hearing.  
Vice Chairman Adams thanked staff and the Affordable Housing Advisory  
Committee (AHAC) for continuing to work on ways the County can break down  
barriers to affordable housing.  
Chairman Earman thanked Vice Chairman Adams and staff for the work put forth  
on the affordable housing issue.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Moss, to adopt Ordinance 2023-002, amending Title X, Impact Fees, of the  
Code of Indian River County, to amend Appendix A, Impact Fee Schedules to  
approve new Impact Fee Schedules for Unincorporated Indian River County  
and Municipalities for qualifying affordable housing; providing for effective  
date for new Impact Fee Schedules; and providing for codification;  
severability; and effective date. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
23-0026  
10.B.1  
Request to Speak re: Vero Beach Sock Drive  
Attachments: Request to Speak Vero Beach Sock Drive  
Mr. Barry Shapiro and Ms. Stacey Santos were present to announce the 5th  
Annual Vero Beach Sock Drive would run from January 2023 to the end of  
February 2023. He stated that when he first started the drive he had hoped to get  
300-400 pairs of socks, but received 1,000 pairs, and split those among three  
charities. Last year, they collected over 11,000 pairs of new socks and  
distributed them to 12 charities, and stated the sock drive had grown  
exponentially over time. The grand total of new, in-the-package socks that have  
been collected and distributed over the last four years was in excess of 23,000  
pairs. He stated the sock drive began with a small group of caring friends and  
neighbors who wanted to do something kind to help the community. Everyone  
volunteers their time and efforts to help, and the sock collection boxes were now  
in over 30 locations throughout the Treasure Coast. Mr. Shapiro stated that their  
website had been set up again at www.verobeachsockdrive.com for additional  
information and events.  
No Action Taken or Required  
23-0046  
10.B.2  
Request to Speak from George Colon, Advocate re: Fentanyl Awareness  
No Action Required  
Recommended Action:  
Attachments: Public Discussion Request G. Colon  
Deleted  
C. PUBLIC NOTICE ITEMS  
23-0008  
10.C.1  
Notice of Scheduled Public Hearing for January 31, 2023  
No action is needed  
Recommended Action:  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice for the public hearing to be held on  
January 31, 2023.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
The Chairman called a recess at 10:30 a.m., and reconvened the meeting at 10:40 a.m.,  
with all members present.  
C. General Services  
23-0036  
12.C.1  
2023 STEAM Fest License Agreement  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners approve the attached License Agreement with the First Church of  
the Nazarene for the 2023 STEAM Fest and authorize the Chairman to execute  
the agreement after review by the County Attorney for legal sufficiency.  
Attachments: Staff Report  
2023 STEAM Fest License Agmt  
Interim General Services Director Beth Powell presented to the Board the 2023  
STEAM Fest License Agreement. Ms. Powell stated the organizers were looking  
to do something a little different this year to help promote the County with the  
County staff representing various departments to provide a unique "government in  
action" perspective in science, technology, engineering, art, and math (STEAM),  
she stated the annual event had been held at the Indian River County  
Intergenerational Center (iG Center) since 2018, has been very successful and  
thanked the organizers.  
Ms. Powell invited organizer Ms. Stephanie Watson to say a few words and  
answer any questions the Board had. Ms. Watson thanked the Board and the iG  
Center for their support in promoting STEAM Fest for students and families. Ms.  
Watson looked forward to continuing to build the event to reach even more  
people in the future. A video of the previous STEAM Fest event was played.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
23-0043  
12.H.1  
Septic to Sewer Funding Status and Direction - West Wabasso Phase 3A and  
3B  
Recommended Action:  
Indian River County Department of Utility Services is recommending the Board of  
County Commissioners provide direction to staff to utilize $210,569.89 in  
American Rescue Plan funding to cover the cost of the private-side connections  
within the Wabasso Phase 3A and 3B Septic-to-Sewer project  
Attachments: Staff Report  
Director of Utility Services Sean Lieske utilized a PowerPoint presentation to  
show on a map the West Wabasso Phase 3A and 3B Septic to Sewer (S2S)  
locations and illustrated the homeowner sewer responsibility. He stated there had  
been a delay due to some permitting and access issues on the originally planned  
site. Two properties were purchased from Habitat for Humanity that would allow  
the County to install the lift-station and construction was currently underway.  
Director Lieske detailed the County's construction costs/funding and the  
customer-side infrastructure costs/funding.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
13. COUNTY ATTORNEY MATTERS  
23-0001  
13.A.  
Permission to Advertise Public Hearing - County Administrator Residency  
Requirement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners authorize staff to advertise for a public hearing on February 7,  
2023 to amend Section 101.05 of the Indian River County Code.  
Attachments: Staff Report  
County Administrator Residency Ordinance  
County Attorney Dylan Reingold brought before the Board a request to schedule a  
public hearing on a proposed Ordinance that would require the County Administrator  
to reside in Indian River County during his or her term of office. A discussion was  
had amongst the Board as to the timeframe the new Administrator would be given to  
become a resident if he or she lived outside of the County. Due to the difficulty in the  
current housing market, a proposal of three (3) to six (6) months was suggested.  
Commissioner Flescher was not in favor of negotiating the time frame after the  
candidate had been hired and wanted it stated in the Ordinance, he favored a  
3-month time limit.  
Vice President of Black Swan Consulting Joseph Paladin added his support for the  
recommendation from staff.  
A motion was made by Commissioner Moss, seconded by Vice Chairman Adams,  
to approve staff's recommendation as written. The motion carried by the  
following vote:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Moss  
2 - Commissioner Flescher, and Commissioner Loar  
Aye:  
Nay:  
23-0025  
13.B.  
City of Vero Beach Water, Wastewater and Reclaimed Water Franchise Agreement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the proposed franchise agreement and authorize the  
chair to execute the franchise agreement and any other documents necessary to  
effectuate the franchise agreement.  
Attachments: Staff Report  
COVB Draft Agreement  
County Attorney Dylan Reingold presented the proposed Franchise Agreement  
(Agreement) between Indian River County and the City of Vero Beach. He stated  
Indian River County staff and the City of Vero Beach staff had worked together to  
negotiate a new water, wastewater, and reclaimed water franchise agreement to cover  
those unincorporated areas currently served by the City of Vero Beach (City). The  
proposed franchise agreement would be for thirty (30) years and may be renewed for  
an additional 15-year period. Under the proposed franchise agreement, the rates for  
water, wastewater, and reclaimed water utility services charged by the City to the  
customers in the unincorporated areas of Indian River County shall not exceed the  
rates charged to customers within the same rate classes within the incorporated area  
of Vero Beach. Also, under the proposed franchise agreement, the City would  
provide a level of service in the unincorporated areas that were not inferior to the level  
of service provided to those customers within the City. Attorney Reingold stated he  
was aware the Town of Indian River Shores (Town) and residents in the South  
Barrier Island had significant concerns with the agreement.  
Attorney Reingold responded to Chairman Joe Earman’s question if the franchise  
agreement interfered with any of the continuing legal issues that the Town and the City  
currently faced. He stated the Town and the City had entered into a stipulation that  
had been filed with the court which specified the City would not interfere with the  
Town talking to the County and the ability of the County to serve the Town.  
The following citizens spoke in opposition to the Franchise Agreement and urged the  
Board to vote against it:  
Doug DeMuth - Vice President of the Taxpayers Association  
Laurie Barkhorn - Resident  
Bob Auwaeter - Councilman, Town of Indian River Shores  
Brian Foley - Mayor, Town of Indian River Shores  
James Harpring - Town Manager, Town of Indian River Shores  
There was an alliance amongst the speakers that the 30-year term was too long and  
requested more time to investigate the Agreement and study other options.  
Rob Bolton, Director of Water and Sewer for the City of Vero Beach spoke in favor  
of the agreement.  
Director of Utility Services Sean Lieske conveyed the cost associated with service  
rates in the future with new development and infrastructure needs. He felt the Board  
needed to look at this from a financial standpoint. He commented it was not  
unreasonable to have a 30-year franchise agreement, as the County had one with the  
City of Sebastian. He stated this objection to the 30-year term was much ado about  
nothing, but understood the concerns.  
Discussion ensued between the Board and staff on the agreement and costs, each  
adding their comments. Commissioner Flescher and Commissioner Loar sought to  
table the item to allow additional time to review the feasibility study.  
Commissioner Moss debated with Commissioner Flescher to have the initial study  
that was released in January 2023 discussed at this meeting.  
Commissioner Adams expressed her frustration as the County had been trying to  
come to terms on this franchise agreement for at least five (5) years and felt there had  
been plenty of opportunity for everyone to be involved.  
A motion was made by Commissioner Moss, seconded by Vice Chairman Adams,  
to approve the proposed franchise agreement for water, wastewater and  
reclaimed water between Indian River County and the City of Vero Beach. The  
motion carried by the following vote:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Moss  
2 - Commissioner Flescher, and Commissioner Loar  
Aye:  
Nay:  
2023 Committees Vacancies and Appointments  
23-0033  
13.C.  
Recommended Action:  
The County Attorney recommends that the Board review the applicants’ résumés and  
applications, and determine whether which applicants to appoint for the various  
committees.  
Attachments: Staff Report  
01.09.23 CAO Vacancy List (Website Use)  
County Attorney Dylan Reingold stated per Resolution 2011.072 that it was the  
responsibility of the County Attorney’s office to bring before the Board the individuals  
who would like to be appointed to current committee vacancies.  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to approve the list of re-appointments for committee members with exception,  
delaying Beach and Shores Committee and Public Safety Coordinating Council  
appointments. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to appoint Pam Hund to the Agriculture Advisory Committee. The motion carried  
by the following vote:  
5 -  
Aye:  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to appoint Charlotte Tripson to the Agriculture Advisory Committee. The motion  
carried by the following vote:  
5 -  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to delay the appointment to the Beach and Shores Preservation Advisory  
Committee until the January 31, 2023 meeting. The motion carried by the  
following vote:  
5 -  
Aye:  
Aye:  
Aye:  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to appoint Douglas Demuth to the Children's Services Advisory  
Committee. The motion carried by the following vote:  
5 -  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to appoint Jordan Lulich to the Economic Development Council. The  
motion carried by the following vote:  
5 -  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to appoint Richard Baker to the Environmental Control Hearing Board.  
The motion carried by the following vote:  
5 -  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
B. Commissioner Susan Adams, Vice Chairman  
C. Commissioner Joseph E. Flescher  
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 Emergency Service District. The minutes will be approved at an upcoming  
Emergency Services District meeting.  
[Clerks note: All Emergency Services District Items were heard after the  
Consent Agenda]  
22-1106  
15.A.1  
Approval of the Emergency Services District Meeting Minutes of August 16, 2022  
Approve  
Recommended Action:  
Attachments: 08162022 ESD Granicus  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve the Emergency Services District (ESD) meeting minutes of August 16,  
2022 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
22-1103  
15.A.2  
Approval of Emergency Services District Meeting Minutes of October 4, 2022  
Approve  
Recommended Action:  
Attachments: 10042022 ESD Draft  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Emergency Services District (ESD) meeting minutes of  
October 4, 2022 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0011  
15.A.3  
Approval of Advance Purchase for Fire Rescue Apparatuses  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Division to issue a Purchase  
Order to ETR, LLC in the amount of $1,012,098.  
Attachments: Staff Report  
Proposal from ETR, LLC.  
There was no discussion on this Item.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
The Board of Commissioners for the Emergency Services District reconvened as the  
Board of County Commissioners and started with Item: 10.A.1  
Vice Chairman Susan Adams excused herself at 12:55 pm and returned at 12:57  
pm  
B. Solid Waste Disposal 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.  
23-0018  
15.B.1  
Approval of the Solid Waste Disposal District Meeting Minutes of October 18,  
2022  
Recommended Action:  
Approve  
Attachments: 10182022 SWDD Final  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve the Solid Waste Disposal District meeting minutes of  
October 18, 2022 as written. The motion carried by the following vote:  
4 -  
Aye:  
Chairman Earman, Commissioner Flescher, Commissioner Loar, and  
Commissioner Moss  
1 - Vice Chairman Adams  
Excused:  
23-0020  
15.B.2  
Approval of the Solid Waste Disposal District Meeting Minutes of November 1,  
2022  
Recommended Action:  
Approve  
Attachments: 11012022 SWDD Draft  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve the Solid Waste Disposal District meeting minutes of  
November 1, 2022 as written. The motion carried by the following vote:  
4 -  
Aye:  
Chairman Earman, Commissioner Flescher, Commissioner Loar, and  
Commissioner Moss  
1 - Vice Chairman Adams  
Excused:  
23-0040  
15.B.3  
Approval for Additional Frac Tank and Equipment for Leachate Disposal  
Recommended Action:  
Staff recommends approval from the Solid Waste Disposal District Board to  
approve the change order and to coordinate with the Purchasing Department to  
amend and increase the existing Purchase Order #95005 by $22,000  
Attachments: Staff Report  
There was no discussion on this Item  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendations. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0041  
15.B.4  
Work Order No. 19 to Geosyntec for Annual Permit, Compliance Monitoring,  
and Reporting for 2023  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
Work Order No. 19 with Geosyntec Consultants for $270,152.97 to provide  
engineering services related to the SWDD Annual Permit, Compliance  
Monitoring, and Reporting; and authorize the Chairman to execute the same, as  
presented  
Attachments: Staff Report  
Work Order No. 19 - Geosyntec  
There was no discussion on this Item  
A motion was made by Commissioner Flescher, seconded by Chairman  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0042  
15.B.5  
Amendment No. 3 to Work Order No. 44 to Kimley-Horn for Landfill Gas Flare  
Skid Improvements and Pipeline Extension Project  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Amendment No. 3 to Work Order No. 44 with Kimley-Horn and Associates,  
Inc. for $46,384.00, with an amended total of $326,940.00, to provide  
engineering services related to the Landfill Gas Pipeline Extension and Skid  
Improvements; and authorize the Chairman to execute the same, as presented  
Attachments: Staff Report  
Amendment No 3 to Work Order 44  
There was no discussion on this Item  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendations. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT at 12:58 p.m.  
There being no further business, the Chairman adjourned the meeting at 12:58 pm