Indian River County

Administration Complex

1801 27th Street, Building

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, February 21, 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

Leslie Rossway Swan, Supervisor of Elections

3. PLEDGE OF ALLEGIANCE

Joseph H. Earman, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Added: Item 14.A.2. and Item 15.A.1.

Moved: Item 15.A.1. to follow Consent Agenda

Deleted: Item 8.H.

A motion was made by Commissioner Flescher, 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

23-0068

5.A.

Presentation of Proclamation Designating February, 2023, As 2-1-1 Awareness

Month

Recommended Action:

Recommend Read and Present

Attachments: Proclamation

Chairman Earman praised the 2-1-1 Helpline for the life-saving services it provided.

Read and Presented by Commissioner Loar

23-0136

5.B.

Presentation of Proclamation Honoring William Holt

Read and Present

Recommended Action:

Attachments: Proclamation

Mr. William Holt was joined by his wife, family, and friends as he expressed gratitude

for the Board's recognition of the impact his many humanitarian and improvement

programs have made upon the community. James Willis, President, Gifford Youth

Little League, recounted Mr. Holt's mentorship which inspired him to be a coach.

Interim County Administrator Michael Zito sought to foster a relationship between

Gifford Youth Little League and the County, and suggested unification of the Gifford

program with Major League Baseball's RBI (Reviving Baseball in Inner Cities)

program at the Jackie Robinson Training Complex.

Read and Presented by Vice Chairman Adams

23-0135

5.C.

Presentation of Proclamation Honoring Dale Dawkins

Read and Present

Recommended Action:

Attachments: Proclamation

Mr. Dale Dawkins thanked the Board for the honor and recognized the community

support which helped him succeed. He went on to discuss his plans to give back to

the community through coaching, mentorship, and philanthropy. Mr. Dawkins

personally thanked Teddy Floyd, the Velde and Wilson families, Dr. Peggy Jones,

and his parents and siblings. The following people spoke on his behalf: Teddy Floyd,

Dr. Peggy Jones, Eric Seymour, and Kenny Holmes.

Read and Presented by Commissioner Flescher

23-0130

5.D.

Presentation of Proclamation Recognizing Black History Month in Indian River

County

Recommended Action:

Read and Present

Attachments: Proclamation

Commissioner Moss made mention of local community members who made an

impact: Freddie Woolfork and Angelia Perry of the Gifford Youth Achievement

Center; Constance Peterson of Gifford Middle School; the late Gerrod Miller of

Dodgertown Elementary; Jonnie Mae Perry of the Gifford Historical Museum and

Cultural Center; and Dr. Crystal Bujol, Artistic Director of the Gifford Youth

Orchestra.

A member of the Fort Pierce Alumnae Chapter of Delta Sigma Theta Sorority, Inc.

thanked the Board and accepted the proclamation

Read and Presented by Commissioner Moss

23-0173

5.E.

Presentation of Proclamation Recognizing the Education Foundation of Indian River

County

Recommended Action:

Read and Present

Attachments: Proclamation

Ms. Heidi Leoni, Executive Director, Education Foundation of Indian River County,

was described as a breath of fresh air as she thanked the Board for highlighting the

programs her organization provided in support of educational outcomes for students.

Mr. Eric Seymour, Vice Chairman of the Board of Directors, thanked the Board for

their recognition, and also made mention that Mr. Kenny Holmes was a Board

member of the Education Foundation.

Read and Presented by Chairman Earman

6. APPROVAL OF MINUTES

23-0160

6.A.

Regular Meeting of December 6, 2022

Approve

Recommended Action:

Attachments: 12062022 BCC Draft

A motion was made by Commissioner Flescher, seconded by Commissioner Loar,

to approve the Regular Meeting Minutes of December 6, 2022 as written. The

motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

23-0161

7.A.

City of Sebastian, Notice of Voluntary Annexation of 2044.3 acres, more or less,

located south of the north boundary of County Road 510 ROW, west of lands

adjacent to 74th Avenue ROW, north of 69th Street ROW, and East of 90th

Avenue. A copy of the adopted Ordinances with maps and legal description,

Resolution, and Annexation Agreement with Graves Brothers Company are on file in

the Office of the Clerk to the Board.

Recommended Action:

Information Only

Attachments: Notice of Voluntary Annexation

Chairman Earman noted there was an error in the cover letter regarding the date of

the annexation. The correct date was February 8, 2023.

No Action Taken or Required

8. CONSENT AGENDA

A motion was made by Commissioner Flescher, seconded by Vice Chairman

Adams, to approve the Consent Agenda as amended, pulling Items 8.F. and 8.G.

for discussion. The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0126

8.A.

Indian River County Subaward and Grant Agreement for Hurricane Ian

Recommended Action:

Staff recommends the Board approve and authorize the Chairman to execute the

agreement and all other documents necessary to effectuate the agreement and

authorize the County Administrator to sign any additional modifications.

Attachments: Staff Report

Subgrant Agreement

Approved staff's recommendation

23-0127

8.B.

Hurricane Isaias Closeout

Recommended Action:

Staff recommends the Board authorize the Chairman to execute the P.4 agreement,

certifying the eligible amounts and completion of work on the County’s individual

subgrants in order to close-out Hurricane Isaias.

Attachments: Staff Report

Project Completion and Certification Report

Approved staff's recommendation

23-0128

8.C.

Authorization to Increase Blanket Purchase Orders

Recommended Action:

Staff recommends the Board of County Commissioners authorize increases to the

listed Purchase Orders, as approved by the Budget Office, up to the maximum

amount requested for the current fiscal year.

Attachments: Staff Report

Approved staff's recommendation

23-0129

8.D.

Mobile Detailing Agreement with No-H2O

Recommended Action:

Staff recommends the Board approve the agreement with No-H2O, and authorize the

Chairman to sign it, after review and approval by the County Attorney as to form and

legal sufficiency, and after receipt and approval of the required insurance and

evidence of e-verify.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

23-0133

8.E.

Authorization to Continue Piggybacking Modified Volusia County Bid for Lab

Services

Recommended Action:

Staff recommends the Board authorize the Utilities and Public Works Departments to

continue to piggyback the Volusia County contract with Pace Analytical for

Laboratory Testing Services, at the amended rates.

Attachments: Staff Report

Approved staff's recommendation

23-0139

8.F.

Work Order Number 8, Continuing Architectural Services Contract RFQ 2018063

Victor Hart Sr Community Enhancement Complex (Gifford Park) - Restroom /

Concession Stand Architectural Services

Recommended Action:

Staff respectfully recommends approval of Work Order Number 8 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 after review and approval by the County Attorney.

Attachments: Staff Report

Work Order 8

Exhibit A EDB WO 8

Mr. Wilfred Hart thanked Commissioner Flescher for his assistance in bringing to

fruition the updates to the Victor Hart, Sr. Community Enhancement Complex.

Commissioner Flescher extended thanks to staff who worked on this project.

A motion was made by Commissioner Flescher, seconded by Commissioner

Moss, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0155

8.G.

Work Order Number 4, Dune Crossover Replacement of Two Dune Crossover

Structures and One Dune Crossover Ramp Repair at the Tracking Station Beach

Access

Recommended Action:

Staff respectfully recommends approval of Work Order Number 4 with Coastal

Waterway Design & Engineering LLC, authorizing the professional services as

outlined in Exhibit A, Exhibit B, and Exhibit C, and request the Board authorize the

Chairman to execute Amendment No. 4 after review and approval by the County

Attorney.

Attachments: Staff Report

Work Order 4 Tracking Station Crossover

Commissioner Moss apprised the Board and the public that the Tracking Station

Beach Park's dune crossover structures were being replaced; however, a previously

existing pavilion atop one of the crossovers could not be rebuilt immediately. Beth

Powell, Acting General Services Director/Parks and Recreation Director, assured the

plans for the rebuilt crossover would allow future construction of a pavilion.

A motion was made by Commissioner Moss, seconded by Commissioner

Flescher, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0141

8.H.

Delete 8.H. -- D.R. Horton, Inc’s Request for Final PD Plan/Plat Approval for a

Subdivision to be known as Grande Hammock PD [PD-13-11-04 /

2013100058-91467]

Recommended Action:

Staff recommends that the Board of County Commissioners grant final PD plan/plat

approval for Grande Hammock PD.

Attachments: Location Map

Final Plat Layout

Deleted

23-0145

8.I.

Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program

Recommended Action:

The County Attorney’s Office recommends that the Board authorize Southeast

Florida Behavioral Health Network to file applications for grant opportunities through

the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice

Assistance on behalf of Indian River County, as applicable and appropriate. The

County Attorney’s Office also recommends that the Board authorize the chair to

execute the attached draft letter, after review and approval by the County Attorney’s

Office.

Attachments: Staff Report

SEFBHN Grant Letter 2023

Approved staff's recommendation

23-0147

8.J.

FDEP Grant Agreement 22IR1 - Wabasso Beach Restoration Project - Sector 3

Construction and Year 1 Monitoring

Recommended Action:

Staff recommends the Board approve FDEP Grant Agreement No. 22IR1 for up to

$7,322,869.00 and authorize the Chairman to sign the Agreement on behalf of the

County. Following Board approval, the County will transmit the partially executed

Agreement to the State for final signatures. Upon receipt of the fully executed original

FDEP Grant Agreement 22IR1 from the State, staff will transmit to the Clerk to the

Board of County Commissioners for filing

Attachments: Staff Report

FDEP Grant Agreement 22IR1

IRC Grant Form No. 22IR1

Approved staff's recommendation

23-0148

8.K.

Venetian Grove - Right of Way Acceptance and Murphy Reservation Release

Recommended Action:

Staff recommends the Board of County Commissioners accept the right-of-way

deeds for 8th Street, 12th Street, 16th Street, and 98th Avenue and authorize the

Public Works Director to execute the document releasing the Murphy Reservations

provided in Exhibit B

Attachments: Staff Report

Exhibit A Venetian Grove Deeds and Releases

Exhibit B Murphy Reservations Release

Approved staff's recommendation

23-0149

8.L.

Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No.

2018006-14, Post Construction Environmental Monitoring (Phase 1 Year 2

Monitoring and Phase 2 Year 1Post Construction Monitoring)

Recommended Action:

Staff recommends the BCC authorize Work Order No. 2018006-14 in the total lump

sum amount of $419,341.60. Additionally, staff recommends the BCC authorize the

Chairman to execute Work Order No. 2018006-14.

Attachments: Staff Report

Work Order

Agreement Execution

Approved staff's recommendation

23-0150

8.M.

Amendment No. 1 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects

and Associates, P.A. for Fire Station #7 (IRC-1911)

Recommended Action:

Public Works recommends the Board of County Commissioners approve

Amendment No. 1 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects

and Associates, P.A., in the amount of $29,445 and authorize the Chairman to

execute the Work Order.

Attachments: Staff Report

Amendment No. 1 to Work Order No. 5

Approved staff's recommendation

23-0152

8.N.

Jones Edmunds Work order 3 for conceptual redesign of a Stormwater Treatment

Facility’s headworks at Egret Marsh Stormwater Park

Recommended Action:

Staff recommends that the Board of County Commissioners approve WO No. 3 with

JONES for the conceptual re-design of the headworks for the Egret Marsh

Stormwater Facility

Attachments: Staff Report

Egret Marsh Headworks Workorder No. 3

Execution Agreement

Approved staff's recommendation

23-0153

8.O.

Award of Bid No. 2023018 61st Court Full Depth Reclamation (FDR) from 47th

Street to 49th Street, IRC-2216

Recommended Action:

Staff recommends that the Alternative Bid in the amount of $155,747.50 for

reconstruction the base layer using FDR including a layer of asphalt pavement to be

awarded to Timothy Rose Contracting, Inc. 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

23-0154

8.P.

Release of Retainage - Ceres Environmental Services, Inc. - Hurricane Ian Debris

Monitoring (IRC-2223)

Recommended Action:

Staff recommends the Board of County Commissioners approve the release of all

withheld retainage to Ceres Environmental Services, Inc. and authorize payment of

Invoice No. 3937_0002 in the amount of $13,990.91.

Attachments: Staff Report

Ceres Environmental Services, Inc. Invoice C3937_0002

Approved staff's recommendation

23-0156

8.Q.

Work Order No. 8 Ecological Associates, Inc. HCP Sea Turtle Monitoring North

and South County

Recommended Action:

The recommendation of staff is for the Board to approve Work Order No. 8 to the

contract with Ecological Associates, Inc. in the amount of $118,770.70, and authorize

the Chairman to sign on behalf of the County

Attachments: Staff Report

2023 EAI WO#8 Sea Turtle Monitoring Proposal

2023 EAI WO#8 Agreement Execution

Approved staff's recommendation

23-0159

8.R.

Upgrade Broadcast Pix Granite Equipment

Recommended Action:

Staff recommends that the IRC Board of County Commissioners approve the

purchase of the new Broadcast Pix GX with the option of returning the existing unit to

receive the $10,987.75 credit.

Attachments: Staff Report

Quote for Indian River Upgrade GXH v2

Approved staff's recommendation

23-0157

8.S.

North County Water and Sewer Project Phase 2 Bid No. 2021019, Change Order

#2 - to Centerline, Inc.

Recommended Action:

Staff recommends the Board of County Commissioners approve Change Order #2 in

the amount of $260,866.00 for the North County Water and Sewer Project Phase 2

and bring the total contract amount from $4,040,566.70 to $4,301,432.70

Attachments: Staff Report

Change Order 2 Centerline Inc

Approved staff's recommendation

23-0165

8.T.

Work Order 14 to Bowman Consulting Group, LTD. - Replacement of the NWWTF

24” Force Main

Recommended Action:

Staff recommends that the Board of County Commissioners approve Work Order 14

for Bowman Consulting Group, LTD., to provide professional services for the force

main replacement in the amount, not to exceed, of $88,230.00, and authorize the

Chairman to sign on their behalf

Attachments: Staff Report

Work Order No 14 Bowman Consulting Group

Approved staff's recommendation

23-0166

8.U.

Synagro Dewatering and Sewage Sludge Removal Contract Price Increase

Recommended Action:

The staff of the Indian River County Department of Utility Services recommends that

the Board of County Commissioners authorize the Purchasing Manager to process a

change order to Synagro South, LLC, in the amount of $53,885

Attachments: Staff Report

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

23-0162

9.A.

Indian River County Supervisor of Elections Leslie R. Swan re: Revenue from the

Special Referendum Mail Ballot Election

Recommended Action:

Request to Roll the Revenue Received from the Town of Indian River Shores Special

Referendum Mail Ballot Election into the Supervisor of Elections 2022/2023 Budget

Attachments: Memorandum from Supervisor of Elections

Supervisor of Elections Leslie R. Swan appeared before the Board to request the

$16,181.40 in funds received from Indian River Shores' January 24, 2023 mail-in

ballot election be rolled into her office's 2022/2023 budget.

A motion was made by Commissioner Loar, seconded by Vice Chairman Adams,

to approve the request to have revenue received from conducting the January

24, 2023 Special Referendum Mail Ballot election be rolled into the Supervisor of

Elections 2022/2023 budget. The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

B. PUBLIC DISCUSSION ITEMS

23-0132

10.B.1.

Request to Speak from Doug DeMuth re: Sector 7

No action required

Recommended Action:

Attachments: Request to Speak D. DeMuth

Mr. Doug DeMuth addressed the Board with a plan to resolve the issues

hampering beach replenishment in Sector 7. He proposed reassigning sector

boundaries to provide public access to the southernmost beaches, modifying

easement terms to reach the required number of approvals, and focusing sand

placement on the southern portions of the barrier island. He requested additional

discussion between the Board, staff, and area residents.

Chairman Earman noted that revised easements had been distributed, and

indicated he would like to see the results of that effort before moving in a different

direction. Discussion ensued between the Board and Mr. DeMuth regarding the

viability of his proposals. Chairman Earman suggested Mr. DeMuth present his

ideas to the Beach and Shore Preservation Advisory Committee as a next step.

No Action Taken or Required

A motion was made by Commissioner Flescher, seconded by Vice Chairman

Adams, to hear Item 13.B., Residency Restrictions for Registered Sex Offenders -

Permission to Advertise, following Item 10.B.1. The motion carried by the

following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

The Chairman called for a recess at 10:27 a.m., and reconvened the meeting at 10:37

a.m. with all members present.

C. PUBLIC NOTICE ITEMS

11. COUNTY ADMINISTRATOR MATTERS

12. DEPARTMENTAL MATTERS

A. Community Development

B. Emergency Services

C. General Services

D. Human Resources

23-0163

12.D.1.

Selection of Finalists for Interview - County Administrator

Recommended Action:

Staff respectfully requests the BOCC select the finalists to be included in the

interview process scheduled for Thursday, March 2nd and Friday, March 3rd

and authorize CB&A to invite the finalists to participate in the interview process.

Attachments: Staff Report

Straw Preference Poll for Finalists - With Names

Human Resources Director Suzanne Boyll guided the Board through the next

phase of the County Administrator search, selection of the finalists for interview.

The Board reached consensus to narrow the field to a maximum of five (5)

candidates. Tally sheets were handed out and the Commissioners were directed

to announce their choices aloud.

Lynelle Klein, Vice President for Operations, Colin Baenziger and Associates

(CB&A), announced the five finalists: John Titkanich with five votes; Dale "Doc"

Dougherty, Don Rosenthal and Jeff Wilkins with four votes each; and Phil Matson

with three votes. Discussion ensued regarding choosing one or two alternates

from the next highest vote getters, Don King and Pat Oman. The Board

expressed their preference to omit choosing an alternate candidate.

A motion was made by Commissioner Flescher, seconded by Chairman

Earman, to approve five (5) County Administrator candidates: Dale "Doc"

Dougherty, Phil Matson, Don Rosenthal, John Titkanich, and Jeff Wilkins; no

alternates were chosen. The motion carried by the following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher,

Commissioner Loar, and Commissioner Moss

Discussion continued with details of the interview process. Ms. Klein informed

that on Thursday, March 2nd, the candidates would tour the County, have lunch

with staff, and attend an evening reception. On Friday, March 3rd, the

Commissioners would individually interview each candidate, followed by a public

question and answer session. Ms. Boyll relayed staff's recommendation to begin

the tour at 9:30 a.m., and the Board agreed.

The Board reached consensus to start the candidates' tour at 9:30 a.m.

23-0164

12.D.2.

Approval of Agreement with Everside Health LLC for Indian River County

Everside Health Center (Employee Clinic)

Recommended Action:

Staff respectfully requests the Board approve the agreement with Everside and

authorize the Chairman to execute the agreement after review by the County

Attorney for legal sufficiency; authorize staff to proceed with implementation of

the Indian River County Everside Health Center by selecting the health center

location; authorize staff and Everside to proceed with leasing and build out of the

selected facility; and authorize staff and Everside to proceed with necessary

actions in accordance with the agreement to recruit clinic staff and incur startup

costs necessary to begin operating the health center.

Attachments: Staff Report

Draft Agreement

Human resources Director Suzanne Boyll recapped the timeline of the Employee

Clinic initiative which began in 2021, and was tentatively projected to open by

October 2023. Following the Board's direction at the November 1, 2022 BCC

meeting, staff negotiated an agreement with Everside Health, LLC to implement

the Indian River County Everside Health Center. Chairman Earman expressed his

support for the Clinic, with Commissioner Flescher making a motion for approval

with discussion.

Under discussion, Commissioner Moss restated her previously expressed

concerns with low employee utilization and the County's initial investment. She

described the medical clinic as a high-risk, high-cost experiment.

Ms. Boyll advised that most of the savings would be realized through better

employee health over time, and described the ways increased employee health

engagement would lead to lower health care costs for the County. She confirmed

clinic staff would consist of a nurse practitioner and two assistants, with access to

support from medical doctors.

Discussion ensued regarding the County's possible exposure to liability, with

County Attorney Dylan Reingold and Ms. Boyll providing information on the risks

that would be assumed by Everside Health such as worker's compensation,

malpractice insurance, and HIPAA protections.

Shannon Mason, Everside Health, provided additional details on her company's

insurance obligations and risk aversion, as well as patient convenience services

such as on-site blood draws, medication distribution, and co-management of

chronic health conditions.

Commissioners Earman, Adams, Flescher, and Loar expressed support for the

clinic, noting its value for recruitment, retirees on fixed incomes, preventative care,

and greater accessibility to medical attention for employees.

A motion was made by Commissioner Flescher, seconded by Chairman

Earman, to approve staff's recommendation. The motion carried by the

following vote:

4 -

Aye:

Nay:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and

Commissioner Loar

1 - Commissioner Moss

E. Information Technology

F. Office of Management and Budget

G. Public Works

H. Utilities Services

13. COUNTY ATTORNEY MATTERS

23-0140

13.A.

61st Drive Maintenance Map

Recommended Action:

The County Attorney’s Office recommends that the Indian River County Board of

County Commissioners vote to authorize the chair to execute and the County

Attorney’s Office to file the maintenance map with the Clerk of the Circuit Court as

proscribed by Florida Statutes.

Attachments: Staff Report

61st Drive Maintenance Map

ltr 61st Drive

County Attorney Dylan Reingold referred to a map of 61st Drive, north of CR510

(85th Street) as he discussed the reasoning behind filing a maintenance map with the

Clerk of the Circuit Court under Section 95.361, Florida Statutes. Attorney Reingold

explained that the County's Department of Utility Services would need right-of-way

(ROW) access to install a sewer main along 61st Drive as part of the West Wabasso

Septic to Sewer (S2S) project. He added that residents along 61st Drive were

notified by mail of the County's consideration of filing the maintenance map.

A motion was made by Vice Chairman Adams, seconded by Commissioner

Flescher, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner

Loar, and Commissioner Moss

23-0143

13.B.

Residency Restrictions for Registered Sex Offenders - Permission to Advertise

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 March 28,

2023 to consider an ordinance amending Indian River County Code of Ordinances

pertaining to residency restrictions for registered sex offenders.

Attachments: Staff Report

Section 306.06 IRC Ordinance Code

Draft Ordinance Language

[Clerk's Note: Item 13.B. was heard following Item 10.B.1.]

County Attorney Dylan Reingold requested the Board's approval to advertise for an

upcoming public hearing regarding residency restrictions for registered sex offenders.

Attorney Reingold extended thanks to the attorneys and members of law enforcement

who helped with the needed ordinance changes.

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

14. COMMISSIONERS MATTERS

A. Commissioner Joseph H. Earman, Chairman

23-0171

14.A.1.

Indian River Soil and Water Conservation District Board of Supervisors

Candidate Selection

Recommended Action:

Discuss

Attachments: Commissioners Memo

Letter from IRSWCD

Chairman Earman recounted his conversation with Mr. Bob Adair, Chairman of

the Indian River Soil and Water Conservation District (IRSWCD), in which

Chairman Earman expressed his displeasure at not being contacted for assistance

in finding candidates for openings on the IRSWCD's Board of Supervisors in

Districts 3 and 4. Chairman Earman referred to Mr. Adair's letter, dated February

13, 2023, which addressed the oversight, advised that Mr. Ken Hendrix was

selected as a Supervisor for District 3, and requested the Board's input for a

District 4 candidate. The Chairman requested that Commissioner Loar assist in

recommending a candidate for District 4.

No Action Taken or Required

23-0175

14.A.2.

Additional Item 14.A.2. -- Board Member Participation in Executive

Roundtable's Communities that Care Joint Vision Statement Session

Recommended Action:

Discuss

Attachments: Commissioner's Memorandum

Exec Roundtable Mtg Agenda

Chairman Earman informed the Board of the United Way Executive Roundtable

joint meeting with the Indian River Prevention Coalition to review the

Communities That Care Program, and to draft a vision statement. The Chairman

suggested Commissioner Moss represent the Board at the roundtable, citing her

involvement with fentanyl awareness. Commissioner Moss confirmed she would

be able to attend the February 23, 2023 meeting, as well as the training session

on March 2, 2023.

The Board reached consensus to have Commissioner Moss represent the

Board at the February 23, 2023 meeting between members of the Executive

Roundtable of Indian River County and the Indian River Prevention Coalition

for the Communities that Care Joint Vision Statement Session.

B. Commissioner Susan Adams, Vice Chairman

C. Commissioner Joseph E. Flescher

D. Commissioner Deryl Loar

E. Commissioner Laura Moss

23-0120

14.E.1.

Request from Vero Beach Film Festival to use Commission Chambers over June

8-11, 2023

Recommended Action:

Discuss

Attachments: Commissioner's Memorandum

Commissioner Moss presented a request from the Vero Beach Film Festival

(Festival) to use the Commission Chambers from June 9th to June 11th for

screenings, as had been done last year. The Commissioner reviewed the costs,

which would be paid by the Festival, and the manpower requirements.

Commissioner Moss made a motion to approve the Festival's request.

David Yakir, Executive Director, Vero Beach Film Festival, addressed the Board

and entered into discussion with Commissioner Loar regarding the money raised

by the Festival and its contribution to the community. The Commissioner received

confirmation from Interim County Administrator Michael Zito that the Commission

Chambers was not a publicly rentable space, and usage was decided on a

case-by-case basis.

Discussion among the Board ensued with Commissioner Flescher detailing his

objection to the Festival's request; he suggested use of the Main Library's Mary

D. Snyder Multimedia Room which was designed to accommodate such events.

The Board agreed there was a need to establish a standardized policy regarding

the use of the Chambers, with the Chairman and Vice Chairman agreeing to

approve this request and return with policy discussion. Commissioner Loar

expressed his reluctance to approve the request, and agreed with the need for

policy change.

A motion was made by Commissioner Moss, seconded by Vice Chairman

Adams, to approve allowing the Vero Beach Film Festival to use Commission

Chambers June 9th, 10th and 11th. The motion carried by the following vote:

4 -

Aye:

Nay:

Chairman Earman, Vice Chairman Adams, Commissioner Loar, and

Commissioner Moss

1 - Commissioner Flescher

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

The Board of County Commissioners reconvened as the Board of Commissioners

of the Emergency Services District. The minutes will be approved at an upcoming

Emergency Services District meeting.

23-0176

15.A.1.

Additional Item 15.A.1.-- 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 $209,400.00 to

Life Extension Clinics, Inc., DBA Life Scan Wellness Centers.

Attachments: Staff Report

Life Scan Wellness Centers Quote

[Clerk Note: This Item was heard following the Consent Agenda]

There was no discussion regarding this item.

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

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.

23-0167

15.B.1.

Addendum to Base Contract with Tiger Inc for Sale and Purchase of Natural Gas

Recommended Action:

Staff recommends approval from the Solid Waste Disposal District Board to

approve the Base Contract with Tiger, Inc. and the Addendum to Base Contract

with Tiger, Inc. for Sale and Purchase of Natural Gas and authorize the Chairman

to sign the necessary documents to effectuate the approval

Attachments: Staff Report

Base Contract with Tiger Inc

Addendum to Base Contract with Tiger Inc

There was no discussion regarding this item.

A motion was made by Vice Chairman Adams, seconded by Commissioner

Flescher, to approve staff's recommendation. The motion carried by the

following vote:

5 -

Aye:

Chairman Earman, Vice Chairman Adams, Commissioner Flescher,

Commissioner Loar, and Commissioner Moss

C. Environmental Control Board