Indian River County Florida  
Indian River County Administration Complex  
1801 27th Street, Building A  
Vero Beach, Florida, 32960-3388  
Meeting Minutes - Final  
Tuesday, March 7, 2023  
9:00 AM  
Commission Chambers  
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  
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  
Wesley Davis, Indian River County Property Appraiser  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams, Vice Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Deleted: Item 10.B.2  
Moved: Item 12.D.1 to follow Item 15.B.5  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
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  
5.A.  
Presentation of Proclamation Recognizing the Week of March 19-25, 2023, as  
National Surveyors Week  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Florida Director of Survey at Bowman Consulting Steve Brickley accepted the  
Proclamation and thanked the Board for the recognition.  
Read and presented by Commissioner Loar  
5.B.  
Presentation of Proclamation Recognizing Children's Home Society of Florida  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
Children's Home Society (CHS) Statewide Board Chair Dale Jacobs was joined by  
folks from the Treasure Coast CHS, as he appreciated the opportunity and thanked  
the Board for the Proclamation. Mr. Jacobs stated CHS was celebrating 120 years  
of being the largest Statewide provider of Social Services to children and families at  
risk.  
CHS Regional Executive Director Sabrina Barnes thanked the Board for the  
opportunity and stated she could talk all day about the good that they do on the  
Treasure Coast. Ms. Barnes thanked the Board for the time, investment, and services  
that CHS provides and the that County has been very gracious to the organization.  
She stated they were excited to be here and it was all about serving the community,  
ensuring the lives touched are better now and for generations to come.  
Read and presented by Commissioner Moss  
5.C.  
Presentation of Proclamation Designating March 2023 As A Month Celebrating the  
Older Americans Act Nutrition Program  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
President/CEO of Senior Resource Association Karen Deigl, Adult and Senior  
Services Director Emily Snow, and Community Relations Manager Ben Earman were  
present to receive the Proclamation. Ms. Deigl thanked the Board for the ongoing  
support.  
Read and presented by Vice Chairman Adams  
5.D.  
Presentation of Proclamation Dedicating the Wabasso Scrub Conservation Area  
Overlook in Honor of Joe Carroll  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Ms. Faith Carroll was present to accept the Proclamation and stated it was such an  
honor to receive on behalf of her husband Joe Carroll's achievements. Director of  
Parks and Recreation Beth Powell stated it had been a pleasure to work with Joe for  
the past 20 years. Ms. Powell commented that professionals like Joe and many others  
make a difference in protecting these beautiful areas.  
Read and presented by Commissioner Flescher  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of December 13, 2022,  
December 20, 2022, and January 17, 2023, as written. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
6.A.  
Regular Meeting of December 13, 2022  
Approve  
Recommended Action:  
Approved  
6.B.  
Regular Meeting of December 20, 2022  
Approve  
Recommended Action:  
Approved  
6.C.  
Regular Meeting of January 17, 2023  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Proclamation Honoring Michael T. Wyatt on his Retirement From Indian River  
County Board of County Commissioners Department of Utility Services/Water  
Production Division  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
Chairman Earman recognized Michael T. Wyatt on his retirement from the  
Department of Utility Services/Water Production Division.  
No Action Taken or Required  
7.B.  
Indian River County Venue Event Calendar Review  
Informational item only; no Board action required  
Recommended Action:  
Chairman Earman highlighted the following March Calendar events: Firefighters  
County Fair, the Extreme Survival Course, the dedication of the Joe Carroll Wabasso  
Scrub Conservation Area, and the Senior Expo.  
No Action Taken or Required  
7.C.  
Clerk of the Circuit Clerk and Comptroller Jeffrey R. Smith announces Operation  
Green Light 2023 Event to be held March 17, 2023 through March 24, 2023 from  
8:30 a.m. until 4:30 p.m. at the Courthouse.  
Recommended Action:  
Information Only  
Clerk of the Circuit Court and Comptroller Jeffrey R. Smith appeared before the  
Board to promote Operation Green Light, a program to help drivers reinstate their  
licenses which would be held March 17 - 24, 2023. Those with a suspended drivers  
license could either come to the Courthouse or go online to pay their traffic fines  
without collection fees.  
No Action Taken or Required  
CSAC Main Advisory Committee - Member-at-Large Resignation  
Informational Item  
7.D.  
Recommended Action:  
Attachments: Memorandum  
Chairman Earman announced there was an opening for the Children’s Services  
Advisory Committee (CSAC) as Ms. Blaxill-Deal had resigned to serve solely on the  
CSAC Grant Subcommittee; if anyone was interested to let the committee know.  
No Action Taken or Required  
7.E.  
Four County Affordable/Attainable Housing Task Team  
No action required  
Recommended Action:  
Vice Chairman Susan Adams stated the Four County Affordable/Attainable Housing  
Task Team would have its first meeting in April in Indian River County with  
representatives from Indian River, Martin, Port St Lucie, and Okeechobee counties  
attending. She mentioned the first order of business would be to review Senate Bill  
102, coordinate implementation across the region, and discuss how to better address  
support for the affordable housing issues from a regional perspective.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to approve the Consent Agenda as amended, pulling Item 8.F. for discussion.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.A.  
Checks and Electronic Payments January 27, 2023 to February 2, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 27, 2023 to February 2, 2023  
Approved  
8.B.  
8.C.  
8.D.  
8.E.  
Checks and Electronic Payments February 3, 2023 to February 9, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of February 3, 2023 to February 9, 2023  
Approved  
Checks and Electronic Payments February 10, 2023 to February 16, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of February 10, 2023 to February 16, 2023  
Approved  
Checks and electronic payments February 17, 2023 to February 23, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of February 17, 2023 to February 23, 2023  
Approved  
Consideration of the 2023 Title VI Program Update for Public Transportation  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Title VI  
Program Update and direct staff to submit the program to the Federal Transit  
Administration.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2023-008, authorizing the  
submission of a Triennial Title VI Program update to the Federal Transit  
Administration.  
8.F.  
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 Grand Hammock PD.  
Attachments: Staff Report  
Chief of Current Development Ryan Sweeney replied to Commissioner Moss’s  
question in regard to the timeline, as it appeared it might have expired. Mr. Sweeny  
stated the preliminary PD Plan was originally approved in 2004/2005 and had been  
extended and re-approved a number of times. He pointed out once the subdivision  
started construction it becomes vested and does not expire as long as construction  
continued forward. He confirmed the planned development was extended through the  
proper course of approvals.  
A motion was made by Commissioner Moss, 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  
8.G.  
Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf  
Club  
Recommended Action:  
Staff respectfully requests that the Board approve the renewal term under the existing  
lease and authorize the Chairman to execute the document.  
Attachments: Staff Report  
Approved staff's recommendation  
8.H.  
Jones' Pier Conservation Area - Modification of Existing Purchase Order to  
Accommodate Unforeseen Work Associated with the Elevation of the Historic  
Bungalow  
Recommended Action:  
Staff respectfully recommends the Board approve Gordian Work Order Modification  
#108749.01, in the amount of $7,436.93, and authorize the Purchasing Division to  
increase the Purchase Order by that amount. In order to ensure timely completion of  
the project, and to eliminate any future delays should the contractor encounter  
additional unforeseen work, staff recommends that the Board authorize the County  
Administrator to authorize additional modifications to PO #95258 up to $20,000.  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
Jones’ Pier Conservation Area - Architectural & Structural Plan Modifications;  
Donadio Amendment No. 2 to Work Order No. 3  
Recommended Action:  
Staff respectfully recommends the Board accept Work Order Number 3,  
Amendment No. 2 - Donadio & Associates, Continuing Architectural Services RFQ  
2018063, renewed November 2, 2021, for design services associated with the  
Jones’ Pier Bungalow House Renovations, authorizing the professional services as  
outlined in Exhibit A, and request the Board authorize the Chairman to execute  
Amendment No. 2, Work Order Number 3  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
Miscellaneous Budget Amendment 03  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2022-2023 budget  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2023-009, amending the fiscal  
year 2022-2023 budget.  
8.K.  
Donation of Laptops to North Port Florida Fire Rescue District  
Recommended Action:  
Staff recommends the Board authorize the donation of the laptops to the City of  
North Port Fire Rescue District.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Award of Bid 2023024 - Annual Bid for Bulk Carbon Dioxide  
Recommended Action:  
Staff recommends the Board award Bid 2023024, at the negotiated price, to Airgas  
USA, and authorize the Purchasing Manager to execute renewals with no change to  
terms or pricing.  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Award of Bid 2023027 - Relocation of Lakes Course #10 Tee  
Recommended Action:  
Staff recommends the Board award Bid 2023027 to A. Thomas Const. Inc., approve  
the agreement, and authorize the Chairman to sign the agreement after review and  
approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.N.  
Resolution Cancelling Taxes  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel certain taxes upon the properties purchased by or donated to  
Indian River County for a public purpose, and the Clerk to send a certified copy of  
the Resolution to the Tax Collector and the Property Appraiser so that any delinquent  
or current taxes can be cancelled.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2023-010, cancelling certain  
taxes upon publicly owned lands, pursuant to Section 196.8 Florida Statutes. (Old  
Dixie 4086, LLC.)  
Work Order No. 5 - Andersen Andre Consulting Engineers, Inc.11th Drive & 37th  
Street Roadway and Intersection Improvements Project, Geotechnical Testing Services  
(IRC-2001)  
8.O.  
Recommended Action:  
Staff recommends approval of Work Order No. 5 to Andersen Andre Consulting  
Engineers, Inc. authorizing the professional services as outlined in the Scope of  
Services (Exhibit A) and requests the Board to authorize the Chairman to execute  
Work Order No. 5 on their behalf for a not to exceed amount of $43,851.00.  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
Change Order No. 1-Release of Retainage 66th Avenue and 8th Street Signalization  
Improvements IRC-2002  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor's  
Application for Payment No. 5 in the amount of $32,031.27 for release of retainage.  
Attachments: Staff Report  
Approved staff's recommendation  
8.Q.  
Extension of the Memorandum of Understanding between Indian River County and  
Sebastian Inlet District for Coordination of Supplemental Downdrift Nourishment and  
Related Coastal Activities  
Recommended Action:  
Staff recommends approval of the extension of the attached Memorandum of  
Understanding (MOU) between the County and the Sebastian Inlet District.  
Attachments: Staff Report  
Approved staff's recommendation  
8.R.  
Timothy Rose Contracting, Inc. proposed donation of 110 pieces of Barrier Wall  
Recommended Action:  
Staff recommends the Board of County Commissioners accept the donation of the  
proposed material from Timothy Rose Contracting, Inc.  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Indian River County Property Appraiser Wesley Davis re: New Tax Distribution  
Feature on Property Appraiser’s website  
Indian River County Property Appraiser Wesley Davis reported his office had added  
millage rates to the Property Appraisers website. Mr. Davis also presented a list of  
Notaries that had been associated with fraudulent deeds. Utilizing a PowerPoint  
presentation, he demonstrated the steps for residents to register their name and any  
aliases to ensure any time a document gets recorded at the Clerk’s office with their  
name on it, they would receive a notification.  
Clerk of the Circuit Court and Comptroller Jeffrey Smith thanked Wesley Davis for  
his acknowledgement of potential fraud and his innovation since he became the  
County Property Appraiser. Mr. Smith recommended residents not only register their  
formal name, but all other aliases in order to better protect themselves from fraud.  
Vice Chairman Adams thanked Mr. Davis for bringing this item and sharing the  
information with the community.  
No Action Taken or Required  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from Ms. Sylvia Telezinski re: Widening the North End of Old  
Dixie to 2 Full Lanes  
Recommended Action:  
No action required  
Sylvia Telezinski, a resident, proposed widening the north end of Old Dixie to two  
(2) full lanes at Roseland Road. Ms. Telezinski stated the road narrows from  
approximately 275 inches to 202 inches, and the center line and the outside lines  
disappear. She commented it’s uncomfortable and very dangerous especially if  
there are walkers or bikers, and she has had to stop her vehicle to allow the  
opposite vehicle to pass with her tires going off the pavement several times. Ms.  
Telezinski mentioned with the development of Pelican Key, an additional 48 to 50  
families will generate more traffic.  
Commissioner Laura Moss stated it was a reasonable request and thanked Ms.  
Telezinski for her comments. Interim County Administrator Mike Zito responded  
that this had been analyzed by Public Works Director Rich Szpyrka.  
No Action Taken or Required  
10.B.2.  
Request to Speak from Bill Rigby, West Wabasso Progressive Civic League re:  
Shared Usage of the Old Douglas School Building  
Deleted  
C. PUBLIC NOTICE ITEMS  
10.C.1.  
Public Notice of Public Hearing for March 28, 2023, to Consider an Ordinance  
Concerning Residency Requirements for Registered Sex Offenders  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
12.A.1.  
Consideration of the Purchase of County-Owned Property to Remedy Private  
Encroachments on Lot 8, Block E, Unit L of Vero Lake Estates  
Recommended Action:  
Staff recommends that the Board consider the purchase of a strip of  
County-owned property by a private resident to remedy the encroachments  
identified in this report, and provide conditional approval (subject to completing  
the steps outlined in this report), or denial, for the purchase.  
Attachments: Staff Report  
Chief of Environmental Planning & Code Enforcement Rebeca Guerra brought  
before the Board a request for a conditional approval to purchase county-owned  
property to remedy private encroachments on Lot 8, Block E, Unit L of Vero  
Lake Estates. Ms. Guerra utilized a PowerPoint presentation to illustrate the  
violation. She stated that on May 10, 2022, the Public Works Department  
identified possible unpermitted private encroachments on the County-owned  
property. The encroachments included a fence, accessory structure, retaining wall,  
culvert, and driveway. On May 11, 2022, staff issued a Notice of Code Violation  
and the case was brought before the Code Enforcement Board (CEB) on June  
27, 2022. Ms. Guerra reported that the tenants contacted Public Works Director  
Rich Szpyrka to determine if a portion of the County-owned property could be  
purchased to remedy the encroachments. Before the remedy could be  
considered, Director Szpyrka told of certain conditions that would need to be  
met.  
The Board entered into a lengthy discussion, Commissioners posed questions to  
staff and expressed opinions with respect to the purchase of County-owned  
property and/or remedy of the violations.  
Vice Chairman Adams questioned what the homeowner would have to do if the  
purchase was not approved. Ms. Guerra stated the homeowner would have to  
remove anything that encroached on County land, restore and remove any  
improvements that were done within the easement, including drainage and  
driveway improvements, and relocate or remove the shed.  
Deputy County Attorney Bill DeBraal responded to Commissioner Loar that this  
was the first time he could recall where the homeowner asked for forgiveness  
instead of permission. Commissioner Loar commented he was not in favor of the  
sale and that it would set a standard allowing bad behavior.  
Commissioner Loar made a motion to move forward with the Code Enforcement  
process and reverse or remove the non-permitted encroachments.  
Ms. Guerra responded to Commissioner Moss’s question that the homeowner  
stated she did not know where the property line was and thought it would be  
okay; she had expressed remorse for her actions.  
With a Motion on the floor to have staff stop the concept of working on a  
resolution with the property owner to purchase County owned property and to  
continue moving forward with the code enforcement process. Further discussion  
was had between the Board and staff with the Board majority not being in favor  
of selling the property to the homeowner and they preferred restoring and  
removing any improvements made on the County owned property.  
The following people spoke against the sale as it would create a precedent in  
future code violations:  
Joseph Paladin, Black Swan Consulting  
Tuck Ferrell, Resident and member Beach and Shores Preservation Advisory  
Committee  
David Barney, Resident  
Further discussion was had between the Board and staff to allow staff to continue  
to work with the property owner to come into compliance.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to direct staff to stop working on the concept of purchasing a  
portion of County owned property and to have staff continue with the code  
enforcement process. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Earman, Commissioner Flescher, Commissioner Loar, and  
Commissioner Moss  
1 - Vice Chairman Adams  
The Chairman called for a recess at 10:56 a.m., and reconvened the meeting at 11:06  
a.m. with all members present.  
B. Emergency Services  
C. General Services  
12.C.1.  
South Oslo Riverfront Conservation Area - FDEP Resiliency Grant and  
Development of a Cost-Share Agreement with the St. John’s River Water  
Management District  
Recommended Action:  
Staff respectfully recommends the Board authorize the County Attorney to work  
with the SJRWMD staff to develop a cost share agreement for completion of the  
re-connection of the SORCA impoundment to the Indian River Lagoon. The draft  
agreement will be presented to the Board for consideration and approval.  
Attachments: Staff Report  
Conservations Lands Manager Wendy Swindell utilized a PowerPoint  
presentation to provide a background on Senate Bill 1954, which ensured a  
coordinated approach to Florida’s coastal and inland resiliency with nearly $20  
million allocated for projects for FY 2021-2022. Ms. Swindell described the  
South Oslo Riverfront Conservation Area (SORCA), consisting of three parcels  
totaling approximately 143 acres, acquired between 2000 and 2005. She stated  
in January 2021, staff was contacted by the St. Johns River Water Management  
District (SJRWMD) Estuaries section to solicit potential projects to meet the  
resiliency goals for the stretch of the Indian River Lagoon Estuary Program  
(IRLEP) specifically on conservation lands. Consequently, County staff had  
identified a SORCA impoundment was no longer part of the Rotational  
Impoundment Management (RIM) process, and that removal of this perimeter  
dike would restore a natural connection to the IRL. This re-connection would  
allow for the open exchange of waters, which would benefit wildlife habitats,  
specifically fisheries. The re-connection also increases the resiliency of the system  
by reducing the potential for long-term flooding. Ms. Swindell reported that  
current funding was $100,000 from the Federal Department of Environmental  
Protection (FDEP) and $50,000 from SJRWMD, and additional grant funding  
could be pursued toward the construction of the project.  
Chairman Earman thanked staff for their hard work and agreed that when the  
water cannot move back and forth naturally, it debilitates the resources.  
A motion was made by Commissioner Loar, 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  
12.C.2.  
Indian River County Environmental Bond - Review Committee Selection Process  
Recommended Action:  
Staff respectfully recommends that the Board provide a timeline for providing the  
five (5) designated district appointees to the ELAP to the County Attorney’s  
office. Additionally, it is recommended that the Board initiate the application  
process for selection of the (4) “at large” positions on the ELAP. Staff will  
assemble the list of applications and present the list at a future BOCC meeting for  
consideration. Staff respectfully requests that the BOCC provide direction on the  
time frame for approval of the ELAP members.  
Attachments: Staff Report  
Conservation Lands Manager Wendy Swindell referred to Resolution 2022-016  
which called for a Board Referendum Election for the issuance of general  
obligation bonds. Ms. Swindell stated in March 2022, the Referendum was put  
on the November 2022 ballot and passed providing $50 million in environmental  
bond monies towards the purchase of environmentally sensitive lands.  
Staff was directed to update the Environmental Lands Program (ELP) Guide.  
She stated the draft ELP Guide proposed the formation of an Environmental  
Lands Acquisition Panel (ELAP), which would be comprised of five (5) members:  
One (1) from each of the Commissioner’s districts and four (4) at large positions  
with specific expertise that would aid in reviewing environmentally sensitive lands.  
Ms. Swindell advised before staff could move forward, the Panel would need to  
be appointed. Ms. Swindell requested the Commissioners provide their  
designated district appointee to serve on the ELAP and, in addition, begin the  
application process for the four “at large” positions.  
County Attorney Dylan Reingold responded to Commissioner Moss’s question  
that the committees have specific requirements. The person applying for these  
positions would need to indicate their interest in serving and their expertise.  
Attorney Reingold stated the attorneys’ office would coordinate with the planning  
staff to get the word out that these committee positions were available.  
Interim County Administrator Mike Zito stated there was a Bond validation  
hearing on April 27, 2023, and would prefer the committee selection could be  
completed by the end of March 2023.  
County Attorney Dylan Reingold confirmed a motion was not required as the Item  
was for public awareness only.  
No Action Taken or Required  
D. Human Resources  
[Clerks note: This Item was heard after Item 15.B.6]  
12.D.1.  
Place Holder - County Administrator Selection  
Recommended Action:  
Staff respectfully requests the BOCC vote to select the next County Administrator  
and authorize staff to extend a conditional offer of employment to include negotiation  
of an employment contract to be approved by the BOCC at a future meeting.  
Attachments: Staff Report  
Human Resource Director Suzanne Boyll distributed the final straw poll sheets for the  
Board to cast their vote for one of the final two candidates for County Administrator.  
Commissioner Loar was embarrassed by the way the process worked and stated his  
disappointment with the background information the Board had received on each of  
the candidates.  
Commissioner Moss contended the process was complicated and a bit confusing but  
it was clear there was one front-runner and she was comfortable with the vote result.  
Commissioner Flescher agreed it had been a challenging day. He then proposed a  
motion to appoint John Titkanich as the new County Administrator.  
Joseph Paladin of Black Swan Consulting added his support for the motion.  
Mr. Steve Myers spoke in support of Mr. Titkanich.  
A motion was made by Commissioner Flescher, seconded by Chairman Earman,  
to extend an offer to Mr. John Titkanich for the County Administrator position.  
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 direct staff to move ahead with the job offer and negotiations with Mr. John  
Titkanich. The motion carried by the following vote:  
5 -  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
E. Information Technology  
F. Office of Management and Budget  
12.F.1.  
Children's Services Funding Allocation for Fiscal Year 2023/24  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve funding for  
Children’s Services agencies in the amount of $3,705,240 for FY 2023/2024,  
which is an increase of 51.6% or $1,261,634 from the current year’s funding  
level.  
Attachments: Staff Report  
Director of Management and Budget Kristin Daniels utilized a PowerPoint  
presentation to outline the Children’s Services Funding Allocation for the fiscal  
year 2023-2024. Budget Director Daniels reported that the current allocation for  
2023 was $2,443,606 and was funded at the maximum of 1/8th of a mill as  
outlined in the Children’s Services Advisory Committee (CSAC) Ordinance. On  
May 17, 2022, the Board revised the Ordinance to double the millage cap  
bringing it to 1/4 of a mill. Budget Director Daniels stated although the funding  
was approved, a funding plan was not outlined.  
At the budget workshop for the fiscal year 2023, Commissioner Peter O’Bryan  
recommended to the Board that the funding be phased in over a three (3) year  
period. By phasing in the millage it would lessen the burden on the general fund  
and the County taxpayers. Budget Director Daniels displayed a table that  
showed the 3-year phase-in at an increase of $1,261,634 or 51.6% and stated  
the phase-in could be paused in the event of an economic downturn. She  
explained the increase was a twofold result due to the tax roll that increased  
13.5% last year and the increase of the millage at 33.6 %  
Chairman Earman was astonished by the 51%, Budget Director Daniels explained  
it was based on the prior year’s tax roll which had seen the largest tax roll  
increase at 13.5%. She presented to the Board funding options of two-year,  
four-year, and five-year phases to the Board. A discussion ensued between the  
Board and staff regarding the Boards concerns of where the money was going,  
how the money was being spent, and whether it was being spent correctly.  
Interim County Administrator Mike Zito stated that CSAC was committed to  
accountability in holding the grant recipients to specific and measurable outcomes.  
Mr. Zito stated they had hired a very qualified Managing Director who would  
begin to implement and recommend policies that would serve those purposes, and  
not only be a steward of the taxpayer dollars, but also make sure the outcomes  
are met and the programs are performing well.  
Acting General Services Director Beth Powell introduced Ms. Roberta Katz as  
the new Human Services Managing Director. Ms. Katz stated she was ready to  
advocate for quality programs in Indian River County.  
A lengthy discussion ensued between the Board, as the Board expressed their  
concerns and reasons for either supporting or opposing the increase.  
Chairman Earman and Vice Chairman Adams outlined the need for CSAC  
funding and agreed on phasing-in funding over a four (4) year period. The goal  
was to give CSAC the resources to be able to invest in the community. Chairman  
Earman stated it was time to do what needed to be done to make the CSAC  
Board more efficient and more accountable.  
Commissioner Moss, Commissioner Loar, and Commissioner Flescher were in  
favor of pausing the increase and leaving it at the current funding of 1/8th of a mill.  
Commissioner Moss agreed that the Board did make the commitment and  
planned to honor that commitment, but, thought it was wise to pause the funding  
at this time.  
Indian River County Clerk of the Circuit Court and Comptroller Jeffery Smith  
stated he respected Commissioner Moss’s stance and fully supported her. He  
appreciated Vice Chairman Adams and Chairman Earman for sticking to their  
guns on the commitment that the Board had previously made. Mr. Smith asserted  
the auditors do a thorough job of looking into the agencies to assure what they  
were claiming was what they are doing.  
The following speakers expressed their support for the funding increase:  
Mr. Michael Kint stated there was a need for quality programs and to use the  
funds as an investment for the community.  
CSAC member Bob McPartlan commented taking a pause does no one any  
good and was in favor of either the three (3) year or four (4) year phase-in.  
Ms. Caryn Toole commented on what the CSAC was doing for the children and  
that the CSAC funding was a good use of taxpayer dollars.  
The following speakers expressed their reasons for opposing the increase:  
Ms. Susan Mehiel wanted to see the CSAC organization brought up to speed  
before pouring more money into the bucket.  
Mr. Doug Demuth agreed with the Commissioners who were in favor of pausing  
the increase.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Loar, to pause the increase in the funding level for Children's Services  
Agencies and keep the funding at 1/8th mil. The motion carried by the  
following vote:  
3 - Commissioner Flescher, Commissioner Loar, and Commissioner Moss  
2 - Chairman Earman, and Vice Chairman Adams  
Aye:  
Nay:  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Authorization to proceed with foreclosures on Code enforcement cases 2022030038  
(Denyes)  
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  
Assistant County Attorney Susan Prado, through a PowerPoint presentation,  
provided the history of Case number 2022030038 (8555 104th Court). Attorney  
Prado stated this case came in front of Code Enforcement in 2022 regarding junk,  
trash, and debris. An aerial photo from January 2023 showed the junk, trash, and  
debris still on the property along with a vehicle, a boat, and a recreational vehicle  
being used for living purposes, which was not allowed. Ms. Prado stated the owners  
had been granted two extensions one on July 25, 2022, and one on August 22, 2022.  
On September 26, 2022, the Code Enforcement Board (CEB) held a compliance  
hearing and found the property still not in compliance and imposed a fine of $250 per  
day. The current amount due was $18,750. The property was not a homestead  
property so the county does have the ability to foreclose on the property pursuant to  
Florida Statute Section 162.09 (3).  
Commissioner Flescher stated he understood mitigation attempts had not been met  
and if the fines were reduced to the bare minimum the administrative costs would be a  
costly endeavor. He did not want to wait until the Brazilian Pepper Trees on the  
property took care of the problem.  
A motion was made by Commissioner Loar, 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  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
14.A.1.  
Discussion on Development of Dredge Material Management Areas (DMMAs)  
Discuss  
Recommended Action:  
Public Works Director Richard Szpyrka utilized a PowerPoint presentation to  
illustrate the Beach & Shore Preservation Advisory Committee (BSPAC) meeting  
recommendations. BSPAC recommended the Board of County Commissioners  
direct County staff to research the development of Dredge Material Management  
Areas (DMMAs) and allow for over-harvesting from borrow areas for future  
projects.  
County Attorney Dylan Reingold commented on his understanding of DMMAs.  
Director Szpyrka responded that DMMAs could be twofold: finding a place to  
put the sand and having an agreement with an entity to place the sand.  
Sebastian Inlet District Seat 4, Commissioner David Barney stated the Sebastian  
Inlet District maintained a DMMA due to how often the sand trap in the channel  
was done. He stated the only viable area for a DMMA in Indian River County  
would be Round Island Park due to it being both ocean and riverfront. Mr.  
Barney’s concern was that there was not going to be any sand available in the  
state of Florida. He recommended capturing the 3 million cubic yards of  
beach-quality sand located one and a quarter miles off of Round Island Beach  
Park.  
Chairman Earman’s recommendation was to direct staff to research the  
development of DMMAs and allow for any over-harvesting of borrow areas for  
the storage of sand.  
Commissioner Flescher sought and received information from Mr. Barney that  
there would be some bad material in addition to the good material. He discussed  
the process of segregating the materials, and that the “bad” material could be used  
for other processes such as paving, and maintaining access roads.  
Chairman of the Beach and Shores Advisory Committee Tuck Ferrell commented  
that Indian River County does have a sand need and that the Barrier Island sand  
dune protected everyone and if it were to erode it would affect everyone as it did  
in Naples during Hurricane Ian.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to direct staff to research the development of Dredge Material  
Management Areas. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
14.A.2.  
Discussion on Relocation of the Northern Beach Sector 7 Boundary from R-97  
to R-99  
Recommended Action:  
Discuss  
Director of Public Works Rich Szpyrka, utilizing a PowerPoint presentation  
illustrated the easement breakdown per Sector, with Sector 7 having a total of 82  
properties with only 55 properties (67%) having signed the easement agreement,  
with a need of 19 more in order to reach 90%. Director Szpyrka stated if the  
project boundary at R-99 was moved 2000 feet to the south the County would  
only need to obtain 10 more easements to reach the 90% goal. He also informed  
the Board if the project boundary was moved 2000 feet to the South the County  
would lose the Feeder Beach. Director Szpyrka discussed the “Feeder Beach” at  
Sector 7 and the financial implications from funding sources by shifting the Section  
7 project from R-97 to R-99.  
Chairman Earman stated he would send out a personal letter to the property  
owners to reiterate the easement was only for beach re-nourishment.  
Discussion ensued between the Board and staff regarding the timeline, obtaining  
the needed easements, FEMA funding, public access, and the life expectancy of  
the project.  
The following spoke on the reasons they were not in favor of moving the Sector 7  
Boundaries:  
David Barney, Sebastian Inlet District Commissioner  
Doug DeMuth, Sandpointe Homeowners Association Board of Directors  
County Attorney Dylan Reingold discussed the rewording of the easement  
document to address the feedback received, specifically to remove the broader  
customer-use language requested by the Board.  
Further discussion followed between the Board and staff on the distance from the  
public access point to the Sector 7 project.  
A motion was made by Commissioner Moss, seconded by Chairman Earman,  
to direct staff to evaluate the impacts of moving the Beach Sector 7 northern  
boundary southward from R-97 to R-99 for the primary purpose of beach  
re-nourishment activities. The motion failed by the following vote:  
2 - Chairman Earman, and Commissioner Moss  
Aye:  
Nay:  
3 - Vice Chairman Adams, Commissioner Flescher, and Commissioner Loar  
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  
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.  
15.B.1.  
Approval of the Solid Waste Disposal District Meeting Minutes of December 20,  
2022  
Recommended Action:  
Approve  
Approved  
15.B.2.  
Approval of the Solid Waste Disposal District Meeting Minutes of January 17,  
2023  
Recommended Action:  
Approve  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, that the Solid Waste Disposal District meeting minutes for  
December 20, 2022, and January 17, 2023 be approved as written. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
15.B.3.  
Twentieth Amendment to Republic Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
Twentieth Amendment to Republic Services landfill contract for the transportation  
and disposal of the residual waste from the leachate evaporation plant; and  
authorize the Chairman to execute the agreement  
Attachments: Staff Report  
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  
15.B.4.  
Residential Paper Shredding Event on April 15, 2023  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
Spring Residential Paper Shredding Event to be held on April 15, 2023 , and  
authorize the interim County Administrator to sign the Contract Memorandum of  
Understanding with Waste Management, Inc., of Florida  
Attachments: Staff Report  
Recycling Specialist Jill Brown announced the next paper shredding event was  
scheduled for Saturday, April 15, 2023, at the Southeast Secure Shredding  
location. Ms. Brown stated the last shredding event saw 441 cars and diverted  
5.1 tons of paper from going to the landfill.  
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  
15.B.5.  
Final Pay to Kimley-Horn Work Order No. 43 - Annual Financial Reports  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Kimley-Horn’s final invoice amount of $3,750.00  
Attachments: Staff Report  
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  
15.B.6.  
Change Order to Crom Corporation  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
change order to Crom Corporation for $9,500 to complete the rehabilitation of  
the above-ground storage tank, and authorize the Chairman to execute the change  
order  
Attachments: Staff Report  
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  
16. ADJOURNMENT  
There being no further business the Chairman adjourned the meeting at 1:59 pm