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, February 7, 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  
Rev. Dr. Brad Klostreich, Westminster Presbyterian Church  
3. PLEDGE OF ALLEGIANCE  
Michael Zito, Interim County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Agenda as presented. 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  
23-0069  
5.A.  
Presentation of Proclamation Honoring the Reverend Andrew Jefferson  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
Commissioner Flescher stated it was a grand honor and privilege to present the  
Proclamation to Reverend Andrew Jefferson. Reverend Jefferson was joined by his  
wife Ruth, and students from Gifford Middle School and Saint Peter’s Academy as he  
thanked the Commissioners for the recognition. Many members of his community  
spoke highly of Reverend Jefferson. Ashland Tomlinson, a student, read a message  
to Reverend Jefferson on behalf of the children of Saint Peters Academy.  
Read and presented by Commissioner Flescher  
23-0070  
5.B.  
Presentation of Proclamation Honoring Tyrone McGriff, Sr.  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
Chairman Earman stated he was honored to present the Proclamation recognizing the  
late Tyrone McGriff Sr. for his civic contributions. Tyrone McGriff Jr. thanked  
Chairman Earman and the Commissioners for recognizing his father, which would  
have meant so much to him.  
Read and presented by Chairman Earman  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
23-0054  
8.A.  
Checks and Electronic Payments January 6, 2023 to January 12, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 6, 2023 to January 12, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0112  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments January 13, 2023 to January 19, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 13, 2023 to January 19, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0113  
Checks and Electronic Payments January 20, 2023 to January 26, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 20, 2023 to January 26, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0084  
Second Extension and Amendment to Agreements for Custodial Services at  
County-Owned Facilities  
Recommended Action:  
Staff recommends the Board approve the Second Extension and Amendment and  
authorize the Chairman to executed then after review and approval by the County  
Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Second Extension and Amendment - CER  
Second Extension and Amendment - Clean Space  
Approved staff's recommendation  
23-0099  
8.E.  
Hanlex Vero Beach LLC Developer's Agreement  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Hanlex Vero  
Beach LLC Developer’s Agreement with the County, and authorize the Chairman to  
execute the agreement to reimburse Hanlex Vero Beach LLC in the amount of  
$111,000.00 for the work performed in the agreement  
Attachments: Staff Report  
Developers Agreement Hanlex Group  
Approved staff's recommendation  
23-0101  
8.F.  
April 1, 2022 Addendum to RX Benefits Administrative Services Agreement dated  
October 1, 2021 - Removing Per Claim Fee of $0.40 for Out of Pocket Protection +  
SaveOnSP Program  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve and authorize  
the Board Chairman to sign the 2023 administrative services agreement addendum  
with RX Benefits after review and approval by the County Attorney.  
Attachments: Staff Report  
2023 ASA Addendum effective April 1, 2022  
2022 ASA Addendum effective April 30, 2022  
2021 ASA Addendum Exhibit - Pricing effective October 1, 2021  
2018 ASA Original Agreement effective May 1, 2018  
Approved staff's recommendation  
23-0107  
8.G.  
Revision to Administrative Policy AM-702.1 Sick Leave  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve the revisions  
to AM-702.1 Sick Leave  
Attachments: Staff Report - Sick Leave  
702.1 Sick Leave 2-7-2023 Draft  
Approved staff's recommendation  
23-0108  
8.H.  
GRBK GHO High Pointe, LLC’s Request for Final Plat Approval for a Subdivision  
to be known as High Pointe PD Phase 1 [PD-18-07-03 / 98100081-91447]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for High Pointe PD Phase 1  
Attachments: Staff Report  
Location Map  
Final Plat Layout  
Approved staff's recommendation  
23-0109  
8.I.  
Jones’ Pier Conservation Area Public Access Improvements - Final Completion and  
Release of Retainage  
Recommended Action:  
Staff  
respectfully  
recommends  
approval  
of  
Application  
for  
Payment  
Holdback-REV-3, in the amount of $75,922.17, to XGD Systems, Inc., which will  
release any further obligations of the County from the Contractor.  
Attachments: Staff Report  
Final Pay Request  
Approved staff's recommendation  
23-0111  
8.J.  
Jones Pier Conservation Area Use Agreement Between the Town of Indian River  
Shores and Indian River County  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
Jones’ Pier Conservation Area Use Agreement Between the Town of Indian River  
Shores and Indian River County and authorize the Chairman to execute the  
Agreement on their behalf after review and approval by the County Attorney, County  
Risk Manager, and upon receiving written approval by the Florida Communities  
Trust.  
Attachments: Staff Report  
Jones Pier MOU  
Approved staff's recommendation  
23-0116  
8.K.  
Five Guys Letter of Intent for Lease  
Recommended Action:  
Staff recommends the Board approve the Letter of Intent as proposed for Five Guys  
Restaurant and authorize the Chairman to execute a final Lease Agreement on behalf  
of the Board once finalized and approved by the County Attorney’s Office.  
Attachments: Staff Report  
Letter of Intent  
Approved staff's recommendation  
23-0117  
8.L.  
Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity  
for RG Ambulance Service, Inc., d/b/a All County Ambulance to Provide Interfacility  
Ambulance Transportation Services.  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve  
renewal of the Class "B" Certificate of Public Convenience and Necessity for RG  
Ambulance Service, Inc., d/b/a All County Ambulance, to be effective for a period of  
two (2) years from February 9, 2023 to February 9, 2025.  
Attachments: Staff Report  
COPCN Renewal Application - All County Ambulance  
Approved staff's recommendation  
23-0118  
8.M.  
Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity  
for RG Ambulance Service, Inc., d/b/a American Ambulance Service to Provide  
Interfacility Ambulance Transportation Services  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve  
renewal of the Class "B" Certificate of Public Convenience and Necessity for RG  
Ambulance Service, Inc., d/b/a American Ambulance Service, to be effective for a  
period of two (2) years from February 9, 2023 to February 9, 2025.  
Attachments: Staff Report  
COPCN Renewal Application-American Ambulance Service  
Approved staff's recommendation  
23-0122  
8.N.  
Florida Department of Transportation (FDOT) Locally Funded Agreement (LFA) for  
CR50 (CR512 - 87th Street) FM No. 405606-7-52-01 (IRC-2230)  
Recommended Action:  
Although the expense of $337,857 is not currently budgeted, a budget amendment  
utilizing Optional Sales Tax-Cash Forward-Oct 1st will be needed. Funds will be  
paid out of Optional Sales Tax/Road & Bridge/CR 510/512 to 82nd Avenue,  
Account # 31521441-066510-23026.  
Attachments: Staff Report  
Locally Funded Agreement FM No. 405606-7-52-01  
Authorizing Resolution  
Approved staff's recommendation and Resolution 2023-007, authorizing the  
Chairman’s execution of a Locally Funded Agreement (LFA) FM No.  
405606-7-52-01 with the Florida Department of Transportation for mast arm  
painting, construction of a 6-inch fiber-mesh reinforced concrete sidewalk and  
the maintenance of both for CR510 (CR512 – 87th street) upon final acceptance by  
the County of the improvements constructed by the Florida Department of  
Transportation. 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  
PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN THE OFFICE OF  
THE CLERK TO THE BOARD.  
A. PUBLIC HEARINGS  
23-0114  
10.A.1.  
Public Hearing -- County Administrator Residency Requirement Ordinance  
(LEGISLATIVE)  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners open the public hearing, take any public comments, close  
the public hearing and approve the proposed ordinance.  
Attachments: Staff Report  
County Administrator Residency Ordinance  
Affidavit of Publication - Administrator Residency  
County Attorney Dylan Reingold stated the attorney's office had drafted the  
ordinance adding language into Section 101.05 of the Indian River County Code  
of Ordinances stating that the County Administrator need not be a resident of the  
County at the time of appointment, but during his or her tenure in office shall  
reside within the County.  
There was no discussion on this Item.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Moss, to adopt Ordinance 2023-004 amending Section 101.05 (the County  
Administrator) of Chapter 101 (Government Organization) of the Code of  
Indian River County in order to require the County Administrator to reside in  
Indian River County during his or her term in office; providing for conflict and  
severability; providing for codification; and providing for an effective date.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0115  
10.A.2.  
Public Hearing for Amendment to Section 100.03 “Amendment or Repeal of  
Ordinances” of Chapter 100 “General Provisions” of the Code of Indian River  
County, Codifying and Publishing the Ordinances to Readopt the Code up to and  
Including Supplement 144 (LEGISLATIVE)  
Recommended Action:  
Open the public hearing, take public comment, close the public hearing, and  
adopt the ordinance to codify and publish the ordinances published in The Code  
of Indian River County up to and including Supplement 144.  
Attachments: Staff Report  
annual code codification 2023  
Affidavit of Publication - Affidavit of Publication – Code Codification  
County Attorney Dylan Reingold stated Florida Statute Section 125.68(1)(a)  
requires counties to maintain a current codification of all Ordinances and such  
codification shall be published annually by the Board.  
There was no discussion on this Item.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to adopt Ordinance 2023-005, amending section 100.03  
“Amendment or Repeal of Ordinances” of Chapter 100 “general provisions”  
of the Code of Indian River County (“the Code”), codifying and publishing the  
Ordinances up to and including Supplement 144 thereto, readopting the  
Code, designating the Code as the best evidence of the current law of Indian  
River County, Florida, and providing for severability, codification, and an  
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  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
23-0080  
11.A.  
Designated Point Persons for 2023 State Legislative List of Priorities  
Discussion  
Recommended Action:  
Attachments: Staff Report  
Legislative Assignment List  
Legislative Affairs and Communications Manager Kathy Copeland stated the  
Legislative session would begin in March and presented a chart showing the  
designated point person and alternate for the 2023 State Legislative List of Priorities.  
Ms. Copeland explained the information was just a guideline and did not prevent any  
Board member from engaging at any time on any topic or Bill. Chairman Earman  
stated this template was not written in stone and was open to any ideas or  
suggestions.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to adopt the Commissioner Assignment List for the 2023 Legislative Priorities as  
presented. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
23-0123  
12.D.1.  
Proposed Interview Schedule for County Administrator  
Recommended Action:  
Staff respectfully requests the BOCC provide direction to CB&A and staff  
regarding the Indian River County interview process for County Administrator  
scheduled for March 2nd and March 3rd.  
Attachments: Staff Report  
The Interview Process Memo & FAQs  
White Paper - The Typical Interview Process  
Interview Schedule - Indian River County - Draft  
Interview Schedule - St. Lucie County - 6th Draft  
Human Resources Director Suzanne Boyll outlined in detail the next steps in the  
hiring process for a new County Administrator. Ms. Boyll provided a draft of a  
typical outline of the interview process that was supplied by the executive  
recruitment services firm Colin Baenziger & Associates (CB&A), who had been  
selected for this process. Lynelle Klein with CB&A joined the discussion via  
telephone to answer any questions the Board may have had.  
A discussion ensued between the Board, staff, and Ms. Klein regarding the  
various phases of the interview process, and how CB&A would complete the  
vetting of the applicants in order to get the applicant pool of 50 down to 10, plus  
two internal candidates.  
Chairman Earman referenced the memo dated January 31, 2023, from Colin  
Baenziger on the interview process considerations. The candidates will interview  
one-on-one with each County Commissioner on March 3, 2023, followed by a  
public interview before the full Commission later that afternoon. The commission  
could choose the new County Administrator that day or wait until the March 7,  
2023 meeting.  
A motion was made by Vice Chairman Adams, seconded by Chairman  
Earman, to direct staff to move forward with the interview process as  
recommended by Colin Baezinger & Associates. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
E. Information Technology  
F. Office of Management and Budget  
23-0121  
12.F.1.  
2023/2024 Budget Workshop/Hearing Schedule  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the budget  
workshop dates and the dates for the budget hearings for 2023/2024 budgets.  
Attachments: Staff Report  
Director of Management and Budget Kristin Daniels presented to the Board the  
selected dates for the 2023/2024 budget workshop for July 12, 2023 and July 13  
2023, (as needed), date for the Public Hearing for September 13, 2023, for the  
budget and proposed millage rates, and for the final budget hearing for September  
20, 2023 to adopt the budget and millage rates.  
A motion was made by Vice Chairman Adams, 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  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
23-0125  
13.A.  
Authorization to proceed with foreclosures on Code enforcement cases: 2014050077  
(Collins) and 2021090105 (Paige)  
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  
Recorded Order Imposing Fine (Paige)  
Deed (Paige)  
Recorded Order Imposing Fine (Collins)  
Deed (Collins)  
Assistant County Attorney Susan Prado presented the following Code Enforcement  
cases before the Board and sought the Board's approval to start the foreclosure  
process.  
Attorney Prado presented Case 2014050077 (Collins) 356 18th Avenue, Vero Beach,  
FL, which went back to 2014. In June 2014, the Code Enforcement Board (CEB) held  
the property owners in violation for overgrown weeds and an unmaintained swimming  
pool; in July 2014, the CEB found the owners not to be in compliance and issued a fine  
of $100 per day. Attorney Prado utilized a PowerPoint presentation to show aerial  
photos of the property and confirmed the property was not homesteaded, and had no  
current foreclosures or mortgages on the property. Ms. Prado informed the Board, the  
current fine amount was $311,700, and as of January 2023, the property had not come  
into compliance, additionally there was an individual (squatter) adversely possessing the  
property.  
Attorney Prado presented Case 2021090105 (Paige) 955 37th Ave, Vero Beach, FL.  
In November 2021, an evidentiary hearing was held finding the property owners in  
violation for overgrown weeds, junk, trash, debris, pool enclosure violation, and an  
unmaintained swimming pool. The CEB imposed a fine of $100 per day. Attorney  
Prado utilized a PowerPoint presentation to show aerial photos of the property and  
confirmed the property was not homesteaded, had no current foreclosures and did not  
appear to have a prior mortgage recorded on the property. Ms. Prado informed the  
Board the current fine amount was $43,200.  
Jan Spofford, who resides next door to the property at 356 18th Ave, confirmed there  
was a “squatter” at the property, and requested information as to how quickly the  
foreclosure would be done and what she could do if the person showed up at the house  
again. County Attorney Dylan Reingold responded that the attorney’s office would  
move forward with the foreclosure and address the issues that need to be corrected on  
the property. He further suggested, and Commissioner Loar agreed, Ms. Spofford  
should contact the Sheriff’s office and let them know there was a threat to her  
property.  
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  
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  
B. Solid Waste Disposal District  
23-0124  
15.B.1.  
Final Pay to Geosyntec for Work Order No. 11 - Engineering and Permitting  
Services for the Leachate Treatment Project  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Geosyntec’s final invoice amount of $1,267.26, which includes the $250.00  
Florida Department of Environmental Protection permit fee paid by Geosyntec on  
behalf of SWDD  
Attachments: Staff Report  
Project Completion Report & Final Invoice  
Commissioner Flescher voiced his excitement that the Leachate Treatment  
Project was coming to fruition in less than a year. Solid Waste Disposal District  
Managing Director Himanshu Mehta announced there would be a ribbon cutting  
ceremony in April 2023.  
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  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:01 a.m.