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  
John A. Titkanich, Jr., County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, June 6, 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  
Pastor Jack Diel, Our Savior Lutheran Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Deryl Loar  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Move: Item 13.A to be heard after Consent Agenda  
Move: Item 14.A.1 to be heard following Item 12.F.1  
Move: Item 15.A to be heard following Item 13.A  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, 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  
23-0477  
5.A.  
Presentation of Proclamation - Honoring Brian Reimsnyder on his Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read and Present.  
Attachments: Proclamation  
Before presenting the Proclamation, Commissioner Flescher took a moment to  
reminisce about his experience with Deputy Brian Reimsnyder during their time at the  
academy. He expressed gratitude to Mr. Reimsnyder and his loved ones for their  
unwavering dedication to Indian River County.  
Deputy Reimsnyder received his Proclamation in the company of his family, Sheriff  
Flowers, and fellow deputies from the Sheriff's office. Accompanying him was retired  
canine officer, Kobe.  
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 April 04, 2023 and April 18,  
2023, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0488  
6.A.  
Regular Meeting of April 04, 2023  
Approve  
Recommended Action:  
Attachments: 04042023 BCC Draft  
Approved  
23-0495  
6.B.  
Regular Meeting of April 18, 2023  
Approve  
Recommended Action:  
Attachments: 04182023 BCC Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-0434  
7.A.  
Informational Report Designating May 25, 2023 as Family Abduction Awareness  
Day  
Recommended Action:  
Read & Present.  
Attachments: Informational Report  
Read and presented by Chairman Earman  
No Action Taken or Required  
23-0436  
7.B.  
Florida Public Service Commission Consummating Order PSC-2023-0159-PCO-EI.  
Petition for approval of revisions to underground residential tariff, underground  
commercial differential tariff, and overhead to underground conversion tariff, by  
Florida Power & Light Company, is available for review in the Office of the Clerk to  
the Board.  
Recommended Action:  
Information Only  
No Action Taken or Required  
23-0463  
7.C.  
Proclamation Honoring Sharon Marie Franks on Her Retirement From Indian River  
County Board of County Commissioners Animal Control/Department of Emergency  
Services  
Recommended Action:  
Informational Item  
Attachments: Proclamation  
No Action Taken or Required  
23-0490  
7.D.  
District #3 Appointee to the Planning and Zoning Commission (PZC)  
Informational Purposes Only  
Recommended Action:  
Attachments: Commissioner's Memo  
Chairman Earman announced Calvin Reams would be the District 3 appointee to the  
Planning and Zoning Commission (PZC).  
No Action Taken or Required  
23-0492  
7.E.  
District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP)  
Informational Purposes Only  
Recommended Action:  
Attachments: Commissioner's Memo  
Chairman Earman announced Daniel Bott would be the District 3 appointee to the  
Environmental Lands Acquisition Panel (ELAP).  
No Action Taken or Required  
23-0446  
7.F.  
Indian River County Venue Event Calendar Review  
Informational item only; No Board action required  
Recommended Action:  
Attachments: Staff Report  
Chairman Earman highlighted the following on the June 2023 event calendar:  
Hurricane Preparedness Expo  
Mary Snyder Annual Golf Tournament  
No Action Taken or Required  
23-0459  
7.G.  
Florida Public Service Commission Consummating Order No.  
PSC-2023-0167-CO-EI makes Order No. PSC-2023-0142-PAA-E1, request for  
approval of change in rate used to capitalize allowance for funds used during  
construction (AFUDC) from 6.22% to 6.37%, effective January 1, 2023 by Florida  
Power & Light Company is effective and final. Order is available for review in the  
Office of the Clerk to the Board  
Recommended Action:  
Information Only  
No Action Taken or Required  
23-0447  
7.H.  
Planning and Zoning Commission Vacancy  
Attachments: Staff Report  
Curtis Carpenter - Email Resignation  
Chairman Earman announced Curtis Carpenter had resigned as the District 3  
appointee to the Planning and Zoning Commission (PZC).  
No Action Taken or Required  
23-0467  
7.I.  
Notice of Expired Lease for Moore’s Point Roadside Park  
This is an informational item. No Board action is required.  
Recommended Action:  
Attachments: Staff Report  
Notice of Lease Termination  
Moore's Point Lease  
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 presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0401  
8.A.  
Designation of Excess Equipment as Surplus and Authorization for Disposal  
Recommended Action:  
Staff recommends the Board declare the items on the Excess List for 060623 Agenda  
as surplus, and authorize their disposal.  
Attachments: Staff Report  
Excess List for 060623  
Approved staff's recommendation  
23-0413  
8.B.  
Award of Bid 2023038 - Fairgrounds Expo Center & Ag Pavilion Painting and Rust  
Removal  
Recommended Action:  
Staff recommends the Board award Bid 2023035 to Quick Painting Group., 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  
Agreement  
Approved staff's recommendation  
23-0443  
8.C.  
Cancelation of 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 cancelation of Work Order Number 8 Continuing  
Architectural Services Contract RFQ 2018063 Victor Hart Sr Community  
Enhancement Complex (Gifford Park) - Restroom / Concession Stand Architectural  
Services, with Edlund, Dritenbas, Binkley Architects and Associates, P.A. (Granicus  
File No. 23-0139).  
Attachments: Staff Report  
Work Order No. 8  
Proposal for Architectural Services  
Approved staff's recommendation  
23-0465  
8.D.  
Work Order Number 1, Amendment No. 3 - Continuing Engineering Services RFQ  
2018008 - 58th Ave Ballfield Expansion and Renovation  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 1, Amendment  
No. 3 for revisions to the 58th Ave Ballfield Expansion and Renovation Plans,  
Continuing Consulting Engineering Services Agreements for RFQ 2018008,  
Amendment and Renewal No. 1 with Masteller & Moler, Inc., authorizing the  
professional services as outlined in Exhibit A, and request the Board authorize the  
Chairman to execute Amendment No. 3, Work Order Number 1.  
Attachments: Staff Report  
IRC-1759 WO1 Amend No. 3 23-0502  
WO1 Amend No. 3 Manhours Exhibit  
Approved staff's recommendation  
23-0466  
8.E.  
Review and Update to Administrative Policy 908.1, “Indian River County Disposal of  
Indigent Bodies (Burial and Cremation)”  
Recommended Action:  
Staff recommends that the Board of County Commissioners update the Disposal of  
Indigent Bodies Policy by increasing the rate of reimbursement to funeral homes for  
cremation services and authorize necessary budget amendments, if needed.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0461  
8.F.  
Extension of License Amendment for the Vero Beach Amateur Radio Club  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners accept the license agreement extension with Vero Beach Amateur  
Radio Club, Inc. and authorize the Chair to execute the same.  
Attachments: Staff Report  
VBAmateur Radio Club 1st Extension  
VBAmateur Radio Club License Agmt  
Approved staff's recommendation  
23-0448  
8.G.  
Release of Retainage and Change Order No. 1, 61st Court Full Depth Reclamation  
from 47th ST. to 49th ST. (IRC-2216)  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 2 Timothy Rose Contracting, Inc. in the amount of  
$7,133.41 for release of retainage.  
Attachments: Staff Report  
Change Order 1  
Approved staff's recommendation  
23-0458  
8.H.  
Right of Way Purchase from Willie James Cobb for 41st Street Left Turn Lane (EB)  
at US1  
Recommended Action:  
Staff recommends the Board approve the Purchase Agreement in the amount of  
$22,400.00, with an estimated $700.00 in closing costs to be paid by the County for  
purchase of the 0.07 acres of the property located at 2155 41st Street, Vero Beach,  
FL 32960, and authorize the Chairman to execute the purchase agreement on behalf  
of the Board. The Legal Department recommends Jason Beal at Atlantic Coastal  
Title Company, LLC handle the closing.  
Attachments: Staff Report  
Cobb Purchase Agreement  
Approved staff's recommendation  
23-0460  
8.I.  
Final Payment, Release of Retainage and Change Order No. 2, Indian River County  
Tax Collector’s Office Expansion, IRC-2030  
Recommended Action:  
Staff recommends approval of Change Order No. 2 and payment of Contractor’s  
Application for Payment No. 6 to Don Hinkle Construction Inc. in the amount of  
$31,733.45 for final payment and release of retainage.  
Attachments: Staff Report  
Change Order 2  
Approved staff's recommendation  
23-0464  
8.J.  
Post Significant Erosional Event Rapid Land and Hydrographic Beach Profile Surveys  
Recommended Action:  
The recommendation of staff is for the BCC to approve Work Order No. 4 to the  
Professional Land Surveying and Mapping Services contract with Morgan and  
Eklund, Inc., in the amount of $120,000.00 and authorize the Chairman to sign the  
Work Order on behalf of the County. Public Works Department Coastal Engineering  
Division staff will not authorize the contractor to perform any surveys covered in this  
Workorder unless field conditions justify the expenditure.  
Attachments: Staff Report  
Morgan and Eklund Post-Hurricane WO No. 4  
Work Order No. 4 Agreement Execution  
Approved staff's recommendation  
23-0484  
8.K.  
Traffic Monitoring System Technology Update Project FDOT Project Funding  
Agreement  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the attached State  
Highway System Project Funding Agreement with the FDOT for $225,000 and  
adopt the attached resolution authorizing the Chairman to execute the same.  
Attachments: Staff Report  
Funding Agreement – Technology Update  
Resolution  
Approved staff's recommendation and Resolution 2023-023 authorizing the  
Chairman's execution of a State Highway System Project Funding Agreement  
with the Florida Department of Transportation (FDOT) for traffic monitoring  
system technology update.  
23-0474  
8.L.  
Extension of the Transit Service Agreement and Transit Administration Facility Lease  
with Senior Resource Association  
Recommended Action:  
Staff recommends the Board approve the extensions of the Transit Service  
Agreement and the Transit Administration Facility Lease with Senior Resource  
Association  
Attachments: Staff Report  
2018 Agreement  
Transit Service Extension  
Lease Extension  
Approved staff's recommendation  
23-0470  
8.M.  
GRBK GHO Central Vero, LLC’s Request for Final Plat Approval for a Subdivision  
to be known as Bella Rosa East [SD-20-06-01 / 2013110019-92496]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for Bella Rosa East.  
Attachments: Staff Report  
Location Map  
Final Plat Layout  
Approved staff's recommendation  
23-0478  
8.N.  
Release of Retainage to Centerline, Inc., for North Sebastian Septic to Sewer and  
Water Project Phase 2  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve payment in the  
amount of $211,888.39, which will release any further obligations of the County from  
the Contractor  
Attachments: Staff Report  
Pay Application No 16  
Approved staff's recommendation  
23-0479  
8.O.  
Acceptance of Utility Easements - Spirit of Sebastian PUD Pod 2 (Located Within  
the Municipal Boundaries of the City of Sebastian)  
Recommended Action:  
Staff recommends that the Board of County Commissioners accept the Dedications of  
Utility Easements and Limited Access Easements as depicted on the proposed plat of  
Spirit of Sebastian PUD Pod 2, and authorize the Chairman to execute the  
Acceptance of Dedications by Indian River County on Sheet 1 of the plat of Spirit of  
Sebastian PUD Pod 2 at such time as the mylar becomes available for signature  
Attachments: Staff Report  
Proposed Plat of Spirit of Sebastian PUD Pod 2  
Approved staff's recommendation  
23-0487  
8.P.  
Joint Regional Next Generation 9-1-1 Systems and Services MOU and Application  
for 911 State Grant Program  
Recommended Action:  
Staff recommends the Board approve the Joint Regional Next Generation 9-1-1  
System and Services Project MOU and authorize the chairman to execute the MOU  
and any other documents necessary to effectuate the MOU. Additionally, staff  
recommends the Board to authorize the Chairman to execute to execute the attached  
E911 State Grant Application.  
Attachments: Staff Report  
Joint Regional NG911 Services MOU  
911 Grant Programs Application  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
23-0452  
10.A.1  
Public Hearing to Consider an Ordinance Amending the Children’s Services  
Advisory Committee Membership Requirements - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the draft ordinance.  
Attachments: Staff Report  
CSAC Membership Ordinance  
Affidavit of Publication - CSAC Membership June 6  
County Attorney Dylan Reingold stated that on May 16, 2023, the Board  
directed the County Attorney's office to draft an Ordinance changing the  
Ordinance code to allow for the Superintendent of the School Board to appoint a  
designee to attend the Children's Services Advisory Committee (CSAC) meetings  
in the event the Superintendent was not able to attend.  
CSAC Board member Bob McPartlan stated this Ordinance was necessary in  
case the Superintendent had a conflict. Mr. McPartlan encouraged the Board as  
well as the public to attend the CSAC meetings to see the tremendous work the  
non-profits are doing.  
Commissioner Moss thanked Attorney Reingold for his work and his attendance  
at the CSAC meetings.  
The Chairman opened the public hearing for comments. There being none, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve staff's recommendation and adopt Ordinance 2023-008,  
amending Section 103.22 (appointment to the Children's Services Advisory  
Committee) of Part II (Children's Advisory Committee) of Chapter 103  
(Commissions and Boards) to update membership requirements of the  
Children's Services Advisory Committee; and providing for codification,  
severability, repeal of conflicting provisions; 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  
23-0475  
10.A.2  
FY 2023 Grant Application for Capital and Operating Assistance (Section 5307)  
and Bus Replacement (Section 5339) from the Federal Transit Administration  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the resolution  
authorizing the filing of the FY 2023 grant application for the Section 5307 and  
Section 5339 programs.  
Attachments: Staff Report  
Grant Application  
Resolution  
Budget Form  
Andy Sobczak, Interim Community Development Director, provided the Board  
with information regarding the two Federal Transit Administration grants that the  
Metropolitan Planning Organization (MPO) would utilize to support the GoLine  
and the Community Coach. These grants covered most of the operating and  
replacement expenses. Director Sobczak mentioned that a Resolution was  
necessary to allow the staff to submit the grant request and to hold a public  
hearing. MPO Staff Director Brian Freeman used a PowerPoint presentation to  
display the County's route services and GoLine ridership. Mr. Freeman also  
presented the Section 5307/5339 Grant Application in the amount of  
$3,053.879, for the capital and operating assistance of $2,841,623 and bus  
replacement assistance of $212,256.  
A discussion between Commissioner Flescher and Mr. Freeman ensued in regard  
to the population growth in the County. Mr. Freeman stated that the population  
was expected to reach 200,000 before 2024. Commissioner Flescher thanked  
the staff for their excellent work with the transportation system. Ms. Deigl and the  
Senior Resource Association were also acknowledged for their contribution.  
Chairman Earman opened the Public Hearing.  
Transportation Disadvantage Local Coordinating Board Member Bob McPartlan  
commended the Board on their support for Public Transportation. He  
commended Ms. Deigl, Chris Stevenson from the Senior Resource Association,  
and the MPO staff for their contributions.  
There being no further speakers the Chairman Closed the Public Hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve staff's recommendation and Resolution 2023-024,  
authorizing the filing of applications for grant funding assistance from the  
Federal Transit Administration. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0455  
10.A.3  
Public Hearing - An Ordinance of the Board of County Commissioners of Indian  
River County, Florida, Amending Section 104.03 (Retirement System) and  
Creation of Section 104.03.1 (Defined Contribution Plan) of Chapter 104  
(Human Resources) to Modify the County Retirement Benefits; and Providing for  
Codification, Severability, Repeal of Conflicting Provisions; and an Effective Date  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners open the  
public hearing, take any public comment, close the public hearing and approve the  
ordinance amending Section 104.03 (Retirement System) and creating Section  
104.03.01 (Defined Contribution Plan)  
Attachments: Staff Report  
Proposed Ordinance  
Human Resources Director Suzanne Boyll referred to staff's memo, dated May  
26, 2023, to discuss the proposed Ordinance which would amend Section  
104.03 (Retirement System) and create Section 104.03.01 (Defined Contribution  
Plan). She pointed out that the State County entities are required to participate in  
the Florida Retirement System (FRS). Ms. Boyll stated that a portion of the  
County workforce had been deemed ineligible due to already having earned a  
retirement benefit from the FRS through a prior career. The proposed Ordinance  
amendment would allow the County to offer a retirement benefit under a defined  
contribution plan at no additional cost to the County and allow the County to  
provide a retirement benefit to those deemed ineligible under the FRS.  
County Administrator John Titkanich stated that the amendment would aid in  
attracting potential employees who had retired from the FRS. He believed that  
offering this benefit to all employees was a matter of fairness and equity.  
Chairman Earman sought clarification from County Attorney Dylan Reingold for  
transparency and stated that the Ordinance could affect some members of the  
Board in regard to participation. Attorney Reingold stated that what was  
presented today was not automatic, and staff could opt out. He stated he had  
researched what other Jurisdictions and Commissioners had done and personally  
did not believe this was an issue of additional compensation under this statute.  
Chairman Earman stated it would benefit the County to recruit employees and  
attract retirees to join the workforce. Attorney Reingold stated that the Clerk had  
no opposition to the plan and supported the program.  
Additional discussion was had between the Board and staff regarding  
participation and the opportunity to offer retirement benefits to current and future  
employees.  
The Chairman opened the public hearing for comments. There being none, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Loar, to adopt Ordinance 2023-009, amending Section 104.03 (Retirement  
System) and creation of Section 104.03.1 (Defined Contribution Plan) of  
Chapter 104 (Human Resources) to modify the County Retirement Benefits;  
and providing for codification, severability, repeal of conflicting provisions;  
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  
23-0473  
10.C.1  
Notice of Scheduled Public Hearing for Budget Amendment for June 20, 2023  
meeting  
Recommended Action:  
No Action Required  
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  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
The Chairman called for a recess at 11:02 a.m., and reconvened the meeting at 11:10  
a.m. with all members present.  
23-0476  
12.F.1  
Tourist Development Council 2023/2024 Budget Recommendations  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the funding  
amounts recommended by the Tourist Development Council as shown in Table 2 for  
a total allocation of $1,678,781 and authorize the County Attorney to prepare  
standard grant agreements for all funding recipients.  
Attachments: Staff Report  
Office of Management and Budget Director Kristin Daniels provided a budget  
overview of the Tourist Development Council’s (TDC) revenues and expenses. She  
shared the TDC’s award recommendations for the Fiscal Year 2023/2024. Ms.  
Daniels utilized a PowerPoint presentation to display the budget revenues, expenses,  
and TDC's recommendations. She stated that the TDC had approved all eligible  
agency requests and allocated the $214,420 in Cash Forward to the Indian River  
County Chamber of Commerce. She explained the new cash forward line as a  
placeholder due to the total applications received being less than the total revenue  
amount of $1,678,781.  
Commissioner Loar sought and received from Ms. Daniels the number of dollars  
returned to the County from the TDC for the FY 2021/2022 budget. Commissioner  
Loar voiced his concern about the 40% increase to the Chamber and requested  
specifics of what the additional $214,420 would be used for. Ms. Daniels replied  
$7,000 for benefits, $5,000 for supplies, $15,000 for printing and publications,  
$3,000 for tours, and $184,420 for advertising. Commissioner Loar wondered if  
there were any large outreach programs that perhaps those dollars could be used for  
by the Chamber.  
Indian River County Chamber of Commerce President Dori Stone explained that the  
Chamber always had projects but was not always aware of the amount of funding.  
Ms. Stone stated that one major project was to do more marketing campaigns  
throughout the West Coast of Florida and to target other markets outside of Florida.  
Vice Chairman Adams sought and received clarification from County Attorney Dylan  
Reingold regarding what particular portion of the TDC pennies had specific  
allocations under the statute requirements.  
A discussion ensued between Commissioner Flescher and Ms. Daniels on the Fund  
Balance and how it works, the Chamber’s funding, the tourism study done by Indian  
River State College, and revisiting the study. He supported allocating the Cash  
Forward funds to the Chamber.  
Vice Chairman Adams reiterated that of the money expended through TDC, 70% of  
the funding off the top, per the Ordinance, could go to the Chamber. She stated that  
the Chamber was the marketing arm of the County and was in support of the  
Chamber receiving the funds in the Cash Forward. She brought up revisiting the  
Tourism Study, stating there were dollars in the Fund Balance. She pointed out that  
the Reserve for Contingency was used for those mid-year events that come up but  
also to put money aside in the good years for when there may be a downturn in the  
economy.  
Commissioner Moss told of the robust year in tourism and pointed out that all the  
funding requests made by the agencies were met; however, she wanted to plan ahead  
to the future and see the Cash Forward funds go into Reserve.  
County Administrator John Titkanich stated that Ms. Daniels had provided him with  
the 2020 study, which was really a profile of who the visitors were and their spending  
patterns. He thought it might be appropriate to work with the tourist component with  
the Chamber to revisit a study that not just looks at the County’s profile but how the  
County does in terms of strategies to enhance and support the tourism industry.  
Commissioner Loar agreed with Commissioner Moss that the cash forward funds  
should be put into the reserves for the future.  
Commissioner Flescher felt the study should be updated and utilize the TDC funds for  
the study. Ms. Stone stated she would be happy to use the additional $214,420 for a  
study. Vice Chairman Adams was in agreement that the study needed to be updated  
and that it was important for the TDC and the Board have a combined conversation  
on what the study entails, utilized for, and what the County wanted to gain from the  
study.  
Chairman Earman sought and received information from Ms. Daniels in regard to the  
Reserve Contingency fund. He stated his support of the funding recommendations by  
the TDC.  
County Attorney Dylan Reingold sought clarification on the motion from Vice  
Chairman Adams.  
Bob McPartlan, Sebastian City Council, agreed with the increases for the Chamber  
because they were doing their job. He pointed out that the money the County was  
giving to these groups to promote the County was bringing in more tourist dollars, so  
the County was getting a return on its investment.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to 1) approve staff’s recommendation; 2) direct the Tourist Development  
Council (TDC) to have a discussion about the possibility of a tourism study and to  
develop a plan base on how the study should look; and 3) request that the TDC  
bring back to the Board a recommendation if they deem a tourism study would  
be necessary. The motion carried by the following vote:  
3 - Chairman Earman, Vice Chairman Adams, and Commissioner Flescher  
Aye:  
2 - Commissioner Loar, and Commissioner Moss  
Nay:  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
23-0442  
13.A.  
Opioid Settlement Spending Plan  
Recommended Action:  
The County Attorney’s Office recommends that the Board approve utilizing the opioid  
settlement funds on assessment, treatment, testing and wrap around services, such as  
housing and transportation as part of the alternative court programs.  
Attachments: Staff Report  
[Clerks note: Item 13.A. was heard after the Consent Agenda]  
County Attorney Dylan Reingold stated that at the April 4, 2023 meeting, the Board  
directed the County Attorney's office to work with Commissioner Loar as a liaison to  
focus on using settlement proceeds in the Alternative Court programs. It was  
suggested at the meeting attended by Attorney Reingold, Commissioner Loar, Judge  
Cox, Judge Stone, and Judge Menz that the funds from the opioid settlement be  
utilized for assessments, treatment testing, and wraparound services in conjunction  
with the Alternative Courts. The Hospital District was in full support of utilizing the  
Opiod Settlement funds in that direction. Attorney Reingold conveyed his appreciation  
to Commissioner Loar, the Judges, and the Hospital District for their discussion and  
recommendations on the matter.  
Judge Menz expressed her gratitude to the Commission for acknowledging the value  
of Alternative Courts as a wise allocation of the settlement funds. The judge also  
appreciated that the funds would be distributed among all the Alternative Courts in  
dire need rather than being restricted to just one.  
Commissioner Loar stated it was an honor to have met with the Judges and Attorney  
Reingold. He mentioned that the Problem-Solving Courts had been instrumental in the  
community.  
Bob McPartlan, Sebastian City Council, expressed his belief that the Opiod  
Settlement was inadequate compared to the harm caused by opioids in our  
community. However, he remained optimistic that the courts would properly allocate  
the funds to address the issue.  
Commissioner Flescher commended Judge Menz for the exemplary conduct of the  
Courts. He invited the public to witness the positive relationships the Judges  
established with each individual and the successful reduction in recidivism rates.  
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  
23-0444  
13.B.  
Economic Development Council Appointment  
Recommended Action:  
The County Attorney recommends that the Board review the applicant’s résumé and  
application, and determine whether to appoint him to fill the unexpired term ending in  
January 2027, for the “Healthcare Industry” representative to the Economic  
Development Council.  
Attachments: Staff Report  
Application - Stevie Ray Stark  
Resume - Stevie Ray Stark  
County Attorney Dylan Reingold presented Stevie Ray Stark's application to the  
Board for consideration to fill the Health Care Industry vacancy on the Economic  
Development Council (EDC).  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve to approve staff's recommendation to appoint Stevie Ray  
Stark to the Economic Development Council. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0445  
13.C.  
Environmental Lands Acquisition Panel Appointment  
Recommended Action:  
The County Attorney recommends that the Board review the applicants' résumés and  
applications, and determine whether to appoint one of the applicants to fill the  
“Natural Resource” representative position to the Environmental Lands Acquisition  
Panel.  
Attachments: Staff Report  
Application - Jeff Beal  
Resume - Jeff Beal.pdf  
Application - Eleanor (Ellie) K Van Os  
Resume - Eleanor (Ellie) K Van Os.pdf  
County Attorney Dylan Reingold presented two applications, Jeff Beal and Eleanor  
(Ellie) K Van Os, to the Board for consideration to fill the Natural Resources  
representative position on the Environmental Lands Acquisition Panel (ELAP).  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation to appoint Jeff Beal to the  
Environmental Lands Acquisition Panel (ELAP). The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0449  
13.D.  
Approval of Mediation Settlement Agreement for a Parcel of Right-Of-Way Located  
at 6600 65th Street, Vero Beach, Owned by Harish and Deepti Sadhwani  
Recommended Action:  
Staff recommends the Board approve the Mediation Settlement Agreement with the  
Sadhwanis.  
Attachments: Staff Report  
Aerial photo  
Sketch and Legal Description 1  
Sketch and Legal Description 2  
Mediation Settlement Agreement  
Deputy County Attorney William DeBraal referred to staff's memorandum dated May  
19, 2023, and provided the history of negotiations along with a detailed description of  
the mediation settlement agreement for a parcel located at 6600 65th Street, Vero  
Beach, owned by Harish and Deepti Sadhwani. A sketch and aerial photo of the  
location were shown. He stated the County needed 7.8 acres to be used for 5.5  
acres of right-of-way and 2.3 acres for a pond site. Attorney DeBraal stated the  
amount due under the agreement was $1,056,447 after the credit of $314,364  
already paid into the registry of the court.  
There was no further discussion on the Item.  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
[Clerks note: Item 14.A.1 was heard in conjunction with Item 12.F.1]  
23-0494  
14.A.1  
Proposed Increase of the Tourist Tax From 4 to 5 cents  
Discussion and Support  
Recommended Action:  
Attachments: Commissioners Memo  
Proposed Increase of Tourist Tax  
Chairman Earman proposed raising the tourist tax by one penny ($.01 cents),  
increasing it from four ($.04) to 5 ($.05) cents. He proposed that a portion of the  
additional revenue would be allocated for beach restoration. Chairman Earman  
referred to his memorandum dated May 30, 2023, and presented a graph  
demonstrating the revenue comparisons from October 2020 thru March 2023, which  
indicated that Indian River County had surpassed expectations for tourist tax  
collection so far this fiscal year. He also noted that neighboring counties had already  
implemented the fifth-cent tax collection.  
County Attorney Dylan Reingold explained, per Florida Statute 125.0104, the uses of  
the fifth cent and how the penny could be utilized for beach restoration. However, a  
rework of the tourist tax allocations would be required to make use of this penny for  
that purpose and detailed the process.  
Commissioner Moss explained why she was not prepared to support increasing the  
tourist tax until she had a clearer understanding of the funding sources for the beach  
restoration projects and the current funding situation. In response, Chairman Earman  
pointed out that the additional $.01 cent was not just for beach restoration but also to  
promote tourism to bring people to the County to enjoy the beaches.  
Additional discussion ensued between the Board and staff on the additional funding,  
the promotion of tourism by making the County’s beaches tourism friendly, and how  
an additional quarter (1/4) of a penny could go to beach restoration.  
A discussion followed in regard to Commissioner Moss’s concerns and the  
regulations on what each of the cents could be used toward.  
Chairman Adams received confirmation from Ms. Daniels that the additional .01 cents  
would increase the .067 tourism promotion to a full $.02 cents and referred to the  
Tourism Tax Revenue Matrix and explained that the first, second, and third pennies  
could be used for anything. She continued to explain that the fourth penny, which was  
technically the County's fifth penny but was referred to as the sixth penny due to  
statutory limitations. The County was unable to levy the fifth penny as it was not  
considered a high-impact tourism County. Ms. Daniels pointed out that if the County  
adopted the sixth cent, the County would reallocate the funding for all of the pennies  
because the code was very specific on which items each penny could fund. She  
noted that the County’s code would need to be changed, as well as the Outside  
Agency funding policy, to reflect the differences.  
A discussion ensued among the Board and staff on the process of adding the sixth  
cent, the timeline, and a request for staff to bring back additional information on the  
distribution of pennies. Attorney Reingold stated it was simply a super-majority vote  
of the Board. Ms. Daniels informed the timeline for the start of the allocation would  
be the first day of the second month, following the super-majority vote of approval.  
She stated the ideal date was October 1, 2023, being a new fiscal year, and to allow  
the Clerk of the Circuit Court time to advertise and contact those folks who levy and  
collect the tax and to update their software. Vice Chairman Adams felt that if  
Chairman Earman wanted a vote today on the increase to the Tourist/Bed Tax, he  
would not get the supermajority. She felt the Board wanted additional information  
from staff on the breakdown and analysis of how the pennies are used and how the  
pennies could be distributed both under the County’s Code and statute in order to  
have a more in-depth conversation.  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman, to  
direct staff to bring back to the Board a breakdown and analysis of the increase of the  
Tourist/Bed Tax by one penny (1 cent) to five (5 cents), the distribution of the  
pennies, and changing the County’s Code to allow as much of the additional penny as  
possible to go toward beach renourishment.  
The Board and staff weighed in regarding the intent of the motion. It was stressed  
that no modifications would be made at this time.  
Bob McPartlan expressed his gratitude to Chairman Earman for presenting the Item  
and expressed his support for discussing it further at a future Board meeting.  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to direct staff to bring back to the Board a breakdown and analysis of the  
increase of the "Tourist/Bed/Tax". by one penny (1 cent) to five (5 cents), the  
distribution of the pennies, and changing the County's Code to allow as much of  
the additional penny as possible to go toward beach renourishment. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
B. Commissioner Susan Adams, Vice Chairman  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
[Clerks note: Item 15. was heard after Item 13.A]  
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.  
A. Emergency Services District  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve the Emergency Services District meeting minutes of  
November 8, 2022, December 13, 2022, January 17, 2023, and February 21,  
2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0029  
15.A.1  
Approval of the Emergency Services District Meeting Minutes of November 08,  
2022  
Recommended Action:  
Approve  
Attachments: 11082022 ESD Draft  
Approved  
23-0214  
15.A.2  
Approval of the Emergency Services District Meeting Minutes of December 13,  
2022  
Recommended Action:  
Approve  
Attachments: 12132022 ESD Draft  
Approved  
23-0221  
15.A.3  
Approval of the Emergency Services District Meeting Minutes of January 17,  
2023  
Recommended Action:  
Approve  
Attachments: 01172023 ESD Draft  
Approved  
23-0301  
15.A.4  
Approval of the Emergency Services District Meeting Minutes of February 21,  
2023  
Recommended Action:  
Approve  
Attachments: 02212023 ESD Draft  
Approved  
23-0471  
15.A.5  
Approval of Third Renewal of Third Amendment of Property Lease for  
Temporary Location of Fire Station # 7  
Recommended Action:  
Staff recommends approval of the third renewal of property lease.  
Attachments: Staff Report  
Third Renewal Second Amendment Lease Agreement  
Emergency Services Director Chief David Johnson stated he hoped this would be  
the final amendment for Station 7 as the progress on the new facility had been  
slow. He informed the Board the District was just now getting the permits  
through the Water Control District to cross their canal and hoped to be moving  
dirt for utilities this summer.  
Chief Johnson responded to Chairman Earman that the District was currently  
looking for property for Station 15.  
County Administrator John Titkanich stated that the development for Station 15  
that was proposed had not progressed forward therefore the dedication of the  
property for that station location was not in play at this time.  
Commissioner Flescher sought and received confirmation from Chief Johnson that  
all the funding for Station 7 and Station 15 was encumbered for the development  
of the two buildings.  
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  
B. Solid Waste Disposal District  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve the Solid Waste Disposal District meeting minutes of April  
04, 2023, April 18, 2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
The Board of Commissioners adjourned the meeting of the Emergency Services  
District and 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.  
23-0489  
15.B.1  
Approval of the Solid Waste Disposal District Meeting Minutes of April 04, 2023  
Approve  
Recommended Action:  
Attachments: 04042023 SWDD Draft  
Approved  
23-0496  
15.B.2  
Approval of the Solid Waste Disposal District Meeting Minutes of April 18, 2023  
Approve  
Recommended Action:  
Attachments: 04182023 SWDD Draft  
Approved  
23-0481  
15.B.3  
Approval for Continued Laboratory Services  
Recommended Action:  
Staff recommends the Solid Waste Disposal District Board authorize the Purchasing  
Division to amend and increase the existing Purchase Order 95537 by $50,000.  
Attachments: Staff Report  
Geosyntec Updated Monitoring Schedule  
Himanshu Mehta, the Managing Director of the Solid Waste Disposal District, stated  
that Geosyntec Consultants collect and submit samples to the state. Additionally,  
samples are sent to Eurofins Environmental who are tasked with conducting additional  
chemical analysis of the monitoring wells. Mr. Mehta mentioned that the installation of  
additional monitoring wells on the property resulted in higher laboratory costs.  
There was no further discussion on this Item.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:23 p.m.