Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
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 20, 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  
Jeffrey R. Smith, Clerk of the Circuit Court & Comptroller  
3. PLEDGE OF ALLEGIANCE  
Commissioner Laura Moss  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
The following Agenda Items were moved:  
Item 8.D to Item 10.A.3  
Item 8.Y. to Item 12.C.2.  
Item 8 A.A. to Item 12.C.1.  
Item 13.B. to Item 12.H.1.  
Item 14.A.1. to follow Item 5.A.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, 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 Honoring Clerk Jeffrey R. Smith on his Retirement as  
the Indian River County Clerk of Circuit Court and Comptroller  
Recommended Action:  
Read and Present  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, was joined by his family  
as the Chairman read the proclamation and presented Mr. Smith with a gift from staff.  
The Board and staff each expressed fond memories of Mr. Smith, and commended  
his integrity and commitment to serving the community.  
The following people spoke in praise of Mr. Smith:  
Carole Jean Jordan, Indian River County Tax Collector  
Cindy Carlsward, former Chief Deputy of Courts  
Eric Flowers, Indian River County Sheriff  
Wesley Davis, Indian River Property Appraiser  
Wilfred Hart, School District of Indian River County  
Tony Brown, President, Indian River County NAACP  
Ryan Butler, Chief Deputy Clerk  
[Discussion continued under Item 14.A.1.]  
Read and Presented by Chairman Earman  
5.B.  
Presentation of Proclamation Honoring Richard France on his Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read & Present.  
Attachments: Proclamation  
Sergeant Richard France was joined by his family as he accepted the proclamation  
and stated he was looking forward to the next chapter in his life. Commissioner Loar  
commended Sgt. France's ten-year perfect attendance record. Indian River County  
Sheriff Eric Flowers, along with the Board and staff, thanked him for his service and  
bravery transporting hi-risk inmates.  
Read and Presented by Commissioner Loar  
5.C.  
Presentation by the Treasure Coast Sports Commission to Announce the Jackie  
Robinson Training Complex as the Recipient of the Florida Sports Foundation's Small  
Market Venue of the Year Award  
Assistant County Administrator Michael Zito introduced Rick Hatcher,  
President/CEO, Treasure Coast Sports Commission, who announced the Jackie  
Robinson Training Complex (JRTC) had been named the Small Market Venue of the  
Year by the Florida Sports Foundation.  
Liese Abili, Senior Vice President, Florida Sports Foundation, discussed the  
Foundation's role in promoting sports tourism, and complemented the improvements  
made to the JRTC. Mr. Abili also announced that Mr. Hatcher had been inducted into  
the National Association of Sports Commissions Hall of Fame.  
Rachelle Madrigal, Managing Director of the JRTC, introduced her staff and thanked  
the Board for their support in receiving the award. Chairman Earman shared positive  
feedback he received regarding the JRTC.  
Presented  
The Chairman called for a recess at 10:17 a.m., and reconvened the meeting at 10:27  
a.m. with all members present.  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
SWDD Closures and Collection Service Changes for the 4th of July Holiday  
For informational purposes only - no action required  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
7.B.  
Environmental Land Acquisition Panel - District 1 Appointee  
Informational Purposes Only  
Recommended Action:  
Vice Chairman Adams announced Samantha (Sammy) Lee McGee would serve as  
the Appointee representing District 1 on the Environmental Land Acquisition Panel  
(ELAP).  
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 presented (previously amended). The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.A.  
Award of RFP 2023036 for Ambulance Billing and Coding Services  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, authorize staff to  
execute final negotiations with EMS Management & Consultants, and authorize the  
Purchasing Manager to issue the notice of intent to terminate the existing agreement  
with the current provider.  
Attachments: Staff Report  
Approved staff's recommendation and the final ranking of firms: 1) EMS  
Management & Consultants; 2) Digitech Computer, LLC; 3) Change Healthcare  
Technology Enabled Services; 4) Credit Bureau Systems/Ambulance Medical  
Building; 5) Quick Med Claims; and 6) EMS Consultants/Elevos  
8.B.  
Second Extension and Third Amendment to Agreement for As Needed Motor and  
Pump Repair (Bid 2019056)  
Recommended Action:  
Staff recommends the Board approve the second extension and third amendment to  
the agreement with Florida Armature Works, Inc., and authorize the Chairman to  
execute it after the County Attorney has approved it as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.C.  
Miscellaneous Budget Amendment 04  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2022-23 budget.  
Attachments: Staff Report  
Approved Resolution 2023-025, amending the Fiscal Year 2022-2023 Budget.  
8.D. Item 8.D. was moved to 10.A.3.  
8.E.  
Amendment to Agreement 2020042 for Annual Asphalt Paving and Resurfacing with  
C.W. Roberts  
Recommended Action:  
Staff recommends the Board approve the third extension and second amendment to  
the agreement with C.W. Roberts Contracting, Inc., and authorize the Chairman to  
sign it after approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.F.  
Sole Source Designation Requests  
Recommended Action:  
Staff recommends the Board of County Commissioners declare the vendors and  
products indicated as “new,” “update,” or “renew” on the list of sole source vendors  
as sole source for a three-year period, and authorize the Purchasing Division to issue  
purchase orders in lieu of formal bids or quotes, and as funding is approved by the  
Budget Department.  
Attachments: Staff Report  
Approved staff's recommendation  
8.G.  
Change Orders for Fire Station 11 Remodel  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Manager to increase Purchase  
Order 95091 by $19,560, and authorize the County Administrator to execute Change  
Orders to the Intertech Agreement up to $220,000.  
Attachments: Staff Report  
Approved staff's recommendation  
8.H.  
Award of Annual Bid for Street Sweeping Services (Bid 2023039)  
Recommended Action:  
Staff recommends the Board award Bid 2023039 to USA Services of Florida, LLC,  
and authorize the Purchasing Division to issue blanket purchase orders to the  
recommended bidder, after receipt and approval of required insurance by Risk  
Management. Staff also recommends the Board authorize the Purchasing Manager to  
renew this bid for two (2) additional one (1) year periods subject to satisfactory  
performance, vendor acceptance, and the determination that renewal of this annual  
bid is in the best interest of Indian River County, as well as to provide 30-day notice  
of intent to terminate, should the vendor fail to perform as required in the bid.  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
Second Extension and Modification to Agreements for Utilities Labor Contract (RFP  
2020039)  
Recommended Action:  
Staff recommends the Board approve the second extensions and modifications to the  
agreements with CK Contractors & Development, LLC, and Hinterland Group, Inc.,  
and authorize the Chairman to sign them after the County Attorney’s approval as to  
form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
Approval of Continuing Consulting Engineering Services Rates for Agreement  
Recommended Action:  
Staff recommends the Board approve the hourly rates attached for the listed firms,  
and authorize the Chairman to execute the agreements, after the County Attorney has  
reviewed and approved as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
Automobile Liability Claim Settlement for claimant Adele Beecher  
Recommended Action:  
The claim was reviewed by the County's Liability Claims Committee on June 8, 2023.  
The Committee voted unanimously to settle the claim for $65,000 and recommends  
the Board of County Commissioners approve the final settlement of $65,000 to  
resolve this matter.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Quarterly Tourist Development Tax Report for Quarter Ending 03/31/23  
Accept the report  
Recommended Action:  
Accepted  
8.M.  
Checks and Electronic Payments May 5, 2023 to May 11, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of May 5, 2023 to May 11, 2023  
Approved  
8.N.  
Checks and Electronic Payments May 12, 2023 to May 18, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of May 12, 2023 to May 18, 2023  
Approved  
8.O.  
Quarterly Investment Report for Quarter Ending 03/31/2023  
Accept the report  
Recommended Action:  
Accepted  
8.P.  
Quarterly OPEB Trust Report for Quarter Ending 03/31/2023  
Accept the report  
Recommended Action:  
Accepted  
8.Q.  
Checks and Electronic Payments May 19, 2023 to May 25, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of May 19, 2023 to May 25, 2023  
Approved  
8.R.  
8.S.  
8.T.  
Checks and Electronic Payments May 26, 2023 to June 1, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of May 26, 2023 to June 1, 2023  
Approved  
Checks and Electronic Payments June 2, 2023 to June 8, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of June 2, 2023 to June 8, 2023  
Approved  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 03/31/23  
Recommended Action:  
Accept the report  
Accepted  
8.U.  
Resolution Delegating the Authority to the County Administrator or his Designee to  
Call Letters of Credit and to Act on Behalf of Indian River County during the Time  
Frame of July 12, 2023, through and including August 14, 2023  
Recommended Action:  
Authorize the Chairman to sign the Resolution as presented, delegating the authority to  
call Letters of Credit and delegating full signing authority during the period  
commencing July 12, 2023, through and including August 14, 2023.  
Attachments: Staff Report  
Approved Resolution 2023-026, delegating authority to the County Administrator  
or his designee, to call letters of credit as necessary during the period  
commencing July 12, 2023, through and including August 14, 2023, and further  
delegating to the County Administrator or his designee, the authority to execute  
all documents necessary for the proper functioning of the County during such  
period.  
8.V.  
Work Order Number 1- Continuing Engineering Services RFQ 2023015- Victor  
Hart Sr. Enhancement Complex Restroom and Concession Facility  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 1, for Victor Hart  
Sr. Restroom/Concession, Continuing Consulting Engineering Services Agreements  
(RFQ 2023015), with Masteller & Moler, Inc., authorizing the professional services  
as outlined in Exhibit A, and request the Board authorize the Chairman to execute  
Work Order Number 1.  
Attachments: Staff Report  
Approved staff's recommendation  
8.W.  
Work Order Number 2- Continuing Engineering Services RFQ 2023015-  
Intergenerational Recreation Center Dick Bird Park Improvements  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 2 for  
Intergenerational Recreation Center Dick Bird Park Improvements, Continuing  
Consulting Engineering Services Agreements for RFQ 2023015, with Masteller &  
Moler, Inc., authorizing the professional services as outlined in Exhibit A, and  
request the Board authorize the Chairman to execute Work Order Number 2.  
Attachments: Staff Report  
Approved staff's recommendation  
8.X.  
Work Order Number 3- Continuing Engineering Services RFQ 2023015 West  
Wabasso Park Improvements  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 3, for West  
Wabasso Park Improvements, Continuing Consulting Engineering Services  
Agreements (RFQ 2023015) with Masteller & Moler, Inc., authorizing the  
professional services as outlined in Exhibit A, and request the Board authorize the  
Chairman to execute Work Order Number 3.  
Attachments: Staff Report  
Approved staff's recommendation  
8.Y. Item 8.Y. was moved to 12.C.2.  
8.Z.  
Annual HUD Grant Renewals for Continuum of Care (CoC) Programs  
Recommended Action:  
Staff recommends the Board acknowledge the renewal of the nine grants awarded by  
HUD in the aggregate amount of $1,121,976 and authorize Chairman to execute each  
individual Continuum of Care Program Grant Agreement.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AA. Item 8.AA. was moved to 12.C.1.  
8.AB.  
Notice of Grant Award from the Indian River Lagoon Council - Small Grants  
Program - Contract #: 2023SG-07  
Recommended Action:  
Staff respectfully recommends that the Chairman execute the Indian River Lagoon  
Council 2023 Small Project Grant Agreement - Contract #: 2023SG-07 for the  
Environmental Education Programming at the Jones’ Pier Conservation Area.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AC.  
Request for Release of a Portion of an Easement located at 1150 41st Avenue  
Recommended Action:  
Staff recommends that the Board, through adoption of the attached resolution,  
approve the release of a portion of the open space/conservation easement.  
Attachments: Staff Report  
Approved Resolution 2023-027, releasing a portion of an Open Space /  
Conservation Easement in Tract 12, Section 10, Township 33 South, Range 39  
East, Plat of Indian River Farms subdivision.  
8.AD.  
Approval for 8th Street and 74th Avenue Utility Relocation due to Conflict with  
Florida Department of Transportation Project  
Recommended Action:  
Staff recommends that the Board of County Commissioners authorize IRCDUS to  
proceed with the 8th Street and 74th Avenue Utility Relocation project based off the  
bid from CK Contractors & Development, material procurement from Core & Main,  
and permit application fee from Indian River Farms Water Control District for the  
total amount of $1,923,693.72, while waiving the requirement for bids for the  
$161,171.00 non-contract materials, authorize purchase orders to CK Contractors &  
Development and Core & Main, and authorize the Chairman to execute any related  
agreement, subject to Legal Department review, on their behalf  
Attachments:  
Approved staff's recommendation  
8.AE.  
Amendment No. 1 to Centerline, Inc. for West Wabasso Septic to Sewer Phase 3B  
Project  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Amendment No. 1  
to Centerline, Inc. in the amount of $1,012,526.77, to add both Phase 3A and 3B  
construction costs under one agreement, and authorize the Chairman to execute it,  
after review and approval of the required amendment to the public construction bond  
Attachments: Staff Report  
Approved staff's recommendation  
8.AF.  
Budget Amendment for Online Phosphorus Analyzers  
Recommended Action:  
Staff recommends that the Board of County Commissioners (BCC) approve the  
budget amendment for the purchase of two (2) continuous online phosphorus  
monitoring analyzers in the total amount of $78,570.35  
Attachments: Staff Report  
Approved staff's recommendation  
8.AG.  
Final Payment to Masteller & Moler, Inc. for Work Order No. 10, North Sebastian  
Water and Sewer Project Phase 2 - Construction Phase Services  
Recommended Action:  
Staff recommends that the Board approve final payment of Work Order No. 10 with  
Masteller & Moler, Inc., in the amount of $1,796.30 to provide construction phase  
services including research and design of private water and sewer infrastructure, and  
authorize the chair to execute the same. Upon adequate completion of the work set  
forth in the work order, staff is directed to make final payment and release any  
retainage to Masteller & Moler, Inc., after review and approval by the Purchasing  
Manager and the County Attorney’s Office  
Attachments: Staff Report  
Approved staff's recommendation  
8.AH.  
DEP Grant Agreement 23IR2 (Indian River County 2022 Hurricane Ian and Nicole  
Recovery Project)  
Recommended Action:  
Staff recommends the Board approve FDEP Grant Agreement No. 23IR2 for up to  
$3,745,691.41 and authorize the Chairman to sign the Agreement on behalf of the  
County. Following Board approval, the County will transmit the partially executed  
Agreement to the State for final signatures. Upon receipt of the fully executed original  
FDEP Grant Agreement 23IR2 from the State, staff will transmit to the Clerk to the  
Board of County Commissioners for filing.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AI.  
Additional Service No. 3, for Additional Civil Engineering Services Sandridge Golf  
Club - New Clubhouse  
Recommended Action:  
Staff recommends approving Additional Service No. 3 authorizing the $16,775.00  
increase to the contract with Sparcdesign and authorizing the Chairman to sign the  
Additional Service #3 on behalf of the Board. The new total contract price will be  
$453,535.00  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Indian River County Sheriff Eric Flowers -- Forfeiture Trust Fund  
Indian River County Sheriff Eric Flowers sought the Board's approval to spend  
$215,034 from the Law Enforcement Trust Fund. He noted that $204,534 would be  
used for the purchase of equipment and protection, with $10,500 earmarked for a  
variety of local organizations dedicated to the betterment of residents. The Sheriff's  
memo, dated June 13, 2023, specified which organizations would receive funds.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher  
to approve disbursement of $215,034 from the Law Enforcement Trust Fund to be  
used to purchase equipment and to support community resource agencies. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
10.A.1.  
Theta Capital Partners,LLC. request to rezone approximately +/- 10.37 acres  
from CL, Limited Commercial District to CG, General Commercial District  
(RZON2023020007-941810 [Quasi-Judicial]  
Recommended Action:  
Staff and the Planning and Zoning Commission recommends that the Board of  
County Commissioners approve this request to rezone the Subject Properties  
from CL to CG  
Attachments: Staff Report  
Chairman Earman introduced the parties for the proceeding as being Indian River  
County and Theta Capital Partners LLC. Each Commissioner, as requested by  
the Chairman, disclosed ex parte communications, site visits, or independent  
investigations. The Commissioners also affirmed that they have an open mind and  
can base their decisions on the evidence presented and the applicable law. The  
Deputy Clerk administered the Oath to all persons who wished to speak at the  
hearing. The Chairman opened the public hearing.  
Andy Sobczak, Interim Community Development Director, introduced the  
rezoning item before turning the presentation over to Chris Balter, Chief of Long  
Range Planning. Utilizing a PowerPoint presentation, Chief Balter reviewed staff's  
analysis of the request. Planning staff recommended approval, as did the Planning  
and Zoning Commission at their May 25, 2023 meeting.  
Commissioner Moss began discussion by detailing her effort to secure a traffic  
study. The Commissioner entered into discussion with Chief Balter, Director  
Sobczak and Vice Chairman Adams to clarify only a traffic statement was  
required at this stage. Chief Balter informed that a traffic study would accompany  
a proposed project, and certain projects may not have to return to the Board for  
approval.  
Joseph Schulke, of Schulke, Bittle and Stoddard, was present on behalf of the  
applicant.  
The Chairman opened the floor for comments. There being none, the Chairman  
closed the public hearing.  
Commissioner Moss commented that many of her constituents were concerned  
over the increased traffic in the County. Commissioner Flescher received  
confirmation the property bordered Old Dixie Highway and US Highway 1.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to adopt Ordinance 2023-010, amending the Zoning Ordinance and the  
accompanying Zoning Map for approximately ±10.37 acres located south of  
and adjacent to 71st Street, north of and adjacent to 69th Street, east of and  
adjacent to Old Dixie Highway, and west of and adjacent to U.S. Highway 1,  
from CL, Limited Commercial District, to CG, General Commercial District;  
and providing codification, severability, and effective date. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
10.A.2.  
Retreat at Citrus Ridge,LLC. request to rezone approximately +/- 51.78 acres  
from A-1 District (up to 1 unit/5 acres) to RM-6, Multiple-Family Residential  
District (up to 6 units/1 acres) (RZON2006070074-94118) [Quasi-Judicial]  
Recommended Action:  
Staff and the Planning and Zoning Commission recommends that the Board of  
County Commissioners approve this request to rezone the Subject Property from  
A-1 to RM-6  
Attachments: Staff Report  
Chairman Earman introduced the parties for the proceeding as being Indian River  
County and Citrus Ridge LLC. Each Commissioner, as requested by the  
Chairman, disclosed ex parte communications, site visits, or independent  
investigations. The Commissioners also affirmed that they have an open mind and  
can base their decisions on the evidence presented and the applicable law. The  
Deputy Clerk administered the Oath to all persons who wished to speak at the  
hearing. The Chairman opened the public hearing.  
Chris Balter, Chief of Long Range Planning, reviewed staff's analysis of the  
request to rezone the property to RM-6 in order to secure future rights to develop  
the parcel. He reported that the Planning and Zoning Commission had approved  
the request at their May 25, 2023 meeting.  
Vice Chairman Adams received information regarding the consistency and  
compatibility of the rezoning, density projections, utilities and infrastructure  
impacts of a residential development, as well as roadway access points.  
Commissioner Moss entered into discussion with Director Sobczak as she  
referenced a rezoning traffic impact analysis for the Retreat at Citrus Ridge. The  
Commissioner received clarification of trip counts and service level ratings.  
Director Sobczak informed the Commissioner that Developer's Agreements were  
required for project approval and were used to ensure completion of needed road  
improvements.  
Commissioner Flescher received information regarding the access point along  
98th Avenue, and the future extension of 12th and 16th Streets.  
Attorney Bruce Barkett appeared before the Board on behalf of the applicant.  
Chief Balter added to the previous discussion, noting a traffic study would be  
done as part of a development plan and reviewed by Public Works.  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to adopt Ordinance 2023-011, amending the Zoning Ordinance and the  
accompanying Zoning Map for approximately ±51.78 acres located south of  
and adjacent to 16th Street and north of and adjacent to 12th Street, from A-1,  
Agricultural-1 District, to RM-6, Multiple-Family Residential District; and  
providing codification, severability, and effective date. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
10.A.3.  
8.D. Moved to 10.A.3. Miscellaneous Budget Amendment 05  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget  
resolution amending the fiscal year 2022-2023 budget  
Attachments: Staff Report  
Management and Budget Director Kristin Daniels presented Budget Amendment  
05 to the fiscal year 2022-2023. Director Daniels noted Florida Statute  
129.06(2)(f) required a public hearing whenever the budget was amended utilizing  
cash.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve Resolution 2023-028, amending the Fiscal Year 2022-2023  
Budget. 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  
10.B.1.  
Request to Speak from Jeff & Caroline Alter, Dave Ritter, Diane Beck, John &  
Sherry Shipley, Carey & Tiffinie Henrey re: Public Storm Drain System  
Corroding Property  
Recommended Action:  
No Action Required  
Several residents from the Ercildoune Heights neighborhood in Sebastian  
appeared before the Board to discuss problems with the public stormwater  
drains. Video and photographs were displayed to illustrate the excessive flooding  
with heavy rains, as well as erosion of their properties over time. The residents  
requested the Board's assistance in investigating and solving the problem.  
The following residents addressed the Board:  
John Shipley  
David Ritter  
Caroline Alter  
County Attorney Dylan Reingold advised the Board could not take action under  
this item, but proposed a meeting with staff. County Administrator John Titkanich  
offered to reach out to Ms. Alter to coordinate a meeting between staff and  
homeowners.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
Deputy County Administrator's Employment Agreement  
Recommended Action:  
The County Administrator recommends the Board of County Commissioners approve  
the attached Employment Agreement with the Deputy County Administrator and  
authorize the County Administrator to sign the Agreement.  
County Administrator John Titkanich presented Mr. Zito's Employment Agreement,  
noting his change of title to Deputy County Administrator and extension of the  
contract to a three-year term. Mr. Zito's contract included an annual rate increase of  
2.5%.  
A motion was made by Commissioner Flescher, seconded by Chairman Earman,  
to approve staff's recommendation The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
11.B.  
Vacation Rental Code Enforcement Fines  
Recommended Action:  
Direct the County Attorney to prepare an Ordinance amending Section 103.03,  
Indian River County Code to include vacation rental local regulations, and advertise  
the item for a Public Hearing.  
County Administrator John Titkanich reported receiving increased complaints from  
homeowners regarding parking and noise violations from short-term vacation rentals.  
He sought the Board's consideration to amend Section 103.03 of the County code to  
allow higher fines in an effort to curb disruptions to residents.  
The Commissioners entered into discussion with staff regarding the current protocol in  
addressing code violation complaints for registered short-term rentals. Commissioner  
Flescher and Chairman Earman suggested it would be more effective to have  
additional code enforcement personnel assigned to handle the calls, often received on  
weekends, rather than increasing fines which seemed not to be a deterrent.  
Commissioner Moss supported increased fines in the interest of preserving quality of  
life for residents, and made a motion to approve staff's recommendation.  
President of the South Beach Property Owners Association, Miles Conway, spoke at  
length regarding his decade-long battle against the impact of short-term rentals; some  
homeowners left Indian River County as a result of the noise and cars. Mr. Conway  
called for reorganization of the code enforcement department and discussed his  
recommended changes.  
Interim Community Development Director Andy Sobczak advised Chairman Earman  
that short-term rental licenses could be denied renewal, but not revoked. He opined  
that non-licensed rentals were more problematic for the County than the relatively  
well-maintained registered ones, and license revocation may not solve the problems.  
Attorney Barry Segal, who represented a rental-property owner, noted that most  
short-term renters were families in town for festivities or sports events. He suggested  
it was a handful of residents who were generating a disproportionate number of  
complaints.  
Mr. Conway offered rebuttal to attorney Segal, and was informed that complainants  
could have their Commissioner file a code enforcement grievance in order to remain  
anonymous.  
Joseph Paladin, Black Swan Consulting, agreed with the need for additional resources  
to enforce the rules already on the books.  
Commissioner Moss restated her motion approving staff's recommendation to include  
adding staff to the code enforcement department to handle vacation rental complaints.  
Commissioner Flescher received confirmation that additional discussion would be  
possible when the proposed Ordinance was brought back for approval.  
A motion was made by Commissioner Moss, seconded by Commissioner Loar, to  
approve staff's recommendation with the addition of direction to add a staff  
member to the Code Enforcement Department to focus on vacation rentals. The  
motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Vice Chairman Adams, Commissioner Flescher, Commissioner Loar, and  
Commissioner Moss  
1 - Chairman Earman  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
12.C.1.  
Children's Services Advisory Committee Recommended Program Funding  
Allocations for Fiscal Year 2023/24  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
CSAC's funding recommendations for children's programs for FY 2023/24  
Attachments: Staff Report  
[Clerk Note: This item was moved from the Consent Agenda to  
Departmental Matters]  
Assistant County Administrator Michael Zito presented the recommended funding  
allocations from the Children's Services Advisory Committee (CSAC) for fiscal  
year 2023-2024. Commissioner Moss stated she was satisfied with the review  
process and noted she would bring the item back for discussion at a future  
meeting.  
The Chairman opened the floor for comments.  
Doug DeMuth, CSAC Committee member, expressed concerns about the  
Funding Committee’s review process.  
The following people spoke in favor of CSAC and their allocations:  
Tony Brown, CSAC Grant Review Committee member  
Jeff Smith, Clerk of the Circuit Court and Comptroller  
Reverend Crystal Bujol, Gifford Youth Orchestra Founder and Artistic Director  
Bob McPartlan, CSAC voting member  
Commissioner Flescher praised the CSAC, and Chairman Earman noted he was  
pleased with improvements made to the vetting process.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, approved staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
The Chairman called for a recess at 12:05 p.m., and reconvened the meeting at 12:10  
p.m. with all members present.  
12.C.2.  
Support Pursuit of a Florida Recreation Development Assistance Program (FRDAP)  
Grant for the Victor Hart Sr. Enhancement Complex and Gifford Aquatic Center  
Recommended Action:  
Staff respectfully recommends the Honorable Board of County Commissioners  
approve submission of a FRDAP Grant application to the Florida Department of  
Environmental Protection in the amount of $200,000  
Attachments: Staff Report  
Beth Powell, acting General Services Director, utilized a PowerPoint presentation to  
illustrate the request for approval to apply for the Florida Recreational Development  
Assistance Program (FRDAP) Grant. Ms. Powell reviewed plans for the funds:  
Victor Hart Sr. Enhancement Complex playground and Lundy Senior League score  
board; replacement of the Gifford Aquatic Center's splash pad and slide. She advised  
the Board of the next steps which included community outreach and impact studies.  
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  
The Chairman called for a recess at 1:43 p.m., and reconvened the meeting at 1:48  
p.m. with all members present.  
D. Human Resources  
12.D.1.  
Group Insurance Recommendations for Plan Year 2023/2024  
Recommended Action:  
Staff recommends and respectfully requests the Board of County Commissioners  
approve staff’s recommendation for the plan year beginning October 1, 2023  
through September 30, 2024 to continue our group medical plan with no increase  
in premiums and no change in benefits; to continue our pharmacy benefits with  
Express Scripts through RXBenefits; to renew our dental insurance program with  
no increase in premiums; to transition to the self-funding of our dental program  
with Ameritas serving as our third party administrator (TPA) at a rate of $4 per  
member per month; to provide 100% employer funding for employee dental (low  
plan) providing all full-time employees with dental insurance and reducing  
employee dependent premiums; to provide 100% employer funding for employee  
vision insurance providing all full-time employees with vision insurance and  
reducing employee dependent premiums; to provide employee long-term disability  
(LTD) benefits with a 90 day elimination period for all full-time eligible employees;  
to authorize staff to take the necessary actions in support implementing the  
approved actions and authorizing the Board Chair to execute necessary  
documents after review and approval by the County Attorney for legal sufficiency.  
Attachments: Staff Report  
Human Resources Director Suzanne Boyll presented the group insurance  
recommendations for plan year 2023/24. Ms. Boyll referenced her memo dated  
June 23, 2023, for details and discussed the highlights in her presentation. She  
reported that the self-funded plan was performing well and there would not be an  
increase to employee's premiums. The new Surgery Plus program was credited  
with lowering the County's costs compared to previous years. Ms. Boyll then  
discussed and analyzed her department's recommendation for the County to fully  
pay for dental, vision, long term disability insurance, and self-funding of the dental  
plan.  
Commissioner Flescher received confirmation the changes would be effective  
October 1, 2023. Chairman Earman confirmed this was the third year of no  
employee increases, and noted the recommendations were a good tool for  
recruitment.  
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  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
12.G.1.  
Award of Bid No. 2023016, 66th Avenue from 69th Street to CR-510/85th  
Street , IRC-1505B, FDOT FM 436379-2-54-01  
Recommended Action:  
Staff recommends the Board approve award to the lowest responsive and  
responsible bidder, Timothy Rose Contracting, Inc. for $19,478,967.53. Staff  
further recommends the Board approve the sample agreement and authorize the  
Chairman to execute said agreement after review and approval of both the  
agreement and required Public Construction Bond by the County Attorney as to  
form and legal sufficiency, and the receipt and approval of required insurance by  
the Risk Manager.  
Attachments: Staff Report  
Public Works Director Richard Szpyrka discussed the last phase of the 66th  
Avenue widening project, and presented bid search results for the segment from  
69th Street to CR-510/85th Street.  
Under discussion, Director Szpyrka informed the project would take six weeks to  
begin, and confirmed the other segments of the 66th Avenue widening would  
continue concurrently. Vice Chairman Adams made mention of the plan to replant  
the oak trees that would be lost in construction. Commissioner Flescher received  
input regarding the impact to construction of the intersection at 66th Avenue and  
CR-510.  
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  
12.G.2.  
Sector 7 Beach and Dune Restoration Project Update  
Recommended Action:  
In accordance with the BCC approval of the BSPAC Amended Option 3 at the  
May 2, 2023 Commission meeting, and with the 30-day easement extension  
having lapsed, Staff is now requesting approval from the BCC to cancel the  
current Sector 7 Beach and Dune Restoration Project and seek reallocation of  
any funds to other Sectors  
Attachments: Staff Report  
Natural Resources Manager Eric Charest updated the Board on the Sector 7  
Beach and Dune Restoration Project. He reported that the project was not able  
to obtain the required number of easements and would be canceled. Mr. Charest  
sought approval to seek reallocation of any funds received through insurance and  
grants to other beach sectors.  
Chairman Earman, who had spearheaded the effort to secure additional  
easements, expressed bewilderment at residents' refusal to have the eroded sand  
replaced. He supported reallocating the funds to either Sector 4, or split among  
the other sectors equally.  
The Chairman opened the floor for comments.  
Miles Conway, South Beach Property Owners Association (SBPOA) president,  
was informed that $700,000 had been spent on Sector 7 for permitting and  
monitoring. Mr. Conway then presented details of the SBPOA's communications  
with its members who objected to the sand replacement for legal and  
indemnification reasons. He advised the Board to approach the SBPOA, the  
area's official civic watchdog group, if they wanted cooperation from that  
community.  
James Harpring, Indian River Shores Town Manager, requested the Board's  
consideration for Sector 4 when allocating funds.  
A motion was made by Commissioner Moss, seconded by Chairman Earman,  
to approve staff's recommendation, with the additional direction to transfer  
any available funds to either Sector 4 or to split the funds equally across the  
other beach sectors. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
12.G.3.  
Indian River County Lagoon Management Plan Project List  
Recommended Action:  
The LMP project list is being presented to the Board in order to highlight many of  
the County’s existing projects, as well as provide a list of the County’s anticipated  
future efforts aimed at improving the health of the IRL. The County’s LMP  
project list is also to be considered as a prioritized list of current and potential  
projects for funding requests. In addition, staff is requesting the Board authorize  
the Tetra Tech Public Outreach Workorder in the amount of $68,956.02 for  
professional water resource engineering support services associated with  
supporting County staff’s development of the Indian River Lagoon Management  
plan. Staff also recommends that the Board authorize the Chairman to execute  
the Public Outreach Workorder.  
Attachments: Staff Report  
Conservation Lands Manager Eric Charest presented the Board with a Lagoon  
Management Plan (LMP) list of prioritized projects for grant funding being made  
available under the State's Indian River Lagoon Protection Program (Program) ;  
the list was a follow-up to the Board's request at the April 4, 2023 BCC meeting.  
Mr. Charest detailed his work with partner TetraTech to formulate a plan which  
would satisfy remediation targets and maximize grant funds. He requested  
approval of TetraTech's proposal to conduct a public outreach effort in order to  
finalize the County's LMP which was needed for Program application.  
Vice Chairman Adams remained skeptical regarding the value of TetraTech's  
work, but wanted to keep moving forward. She encouraged coordination with  
other County departments and local organizations, as well as reaching out to state  
leaders for appropriations. Commissioner Flescher expressed high expectations  
for TetraTech's work.  
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  
H. Utilities Services  
12.H.1.  
13.B Moved to 12.H.1. Resolution to Adopt Water, Sewer, and Reclaimed  
Water Rates, Fees, and Other Charges Effective October 1, 2023  
Recommended Action:  
Staff recommends the Board of County Commissioners vote to approve the  
resolution as drafted, thereby adopting the rate increase of 5.5% for all Indian  
River County Department of Utility Services rates except the utility deposits,  
water and sewer connection fees, meter installation fees, and impact fees, to go  
into effect October 1, 2023  
Attachments: Staff Report  
Utility Services Director Sean Lieske introduced the new Utility Finance  
Manager, Bryan Beavers, who presented the Board with the proposed rate and  
fee changes for the upcoming fiscal year. He informed the status quo 3% rate  
increase cap was not keeping up with inflation, and recommended tying rates to  
the CPI-South Index for a 5.5% increase in fiscal year 2023/24. Mr. Beavers  
analyzed rising expenses versus revenue, and estimated the average consumer  
would see a monthly increase of $2.96 to their bill.  
Director Lieske made mention of a rate study which would be undertaken in the  
coming year for fiscal year 2024/25 planning.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve Resolution 2023-029, establishing revised Indian River  
County Department of Utility Services (IRCDUS) rate schedule. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Monitoring of Committees  
Recommended Action:  
The County Attorney recommends that the Board authorize the County Attorney’s  
Office to draft a resolution delegating the monitoring of the committee terms to the  
Commission Office staff.  
Attachments: Staff Report  
County Attorney Dylan Reingold referenced Resolution 2011-72 which appointed the  
County Attorney as the monitor of the Board's various committees. He noted that the  
County Attorney's office does not regularly attend the committee meetings which were  
administered by Commission Office staff. Attorney Reingold recommended delegating  
the monitoring task to the Commission Office, which was now fully staffed with five  
(5) assistants; his office would return before the Board with a draft Resolution.  
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  
13.B. Item 13.B Moved to 12.H.1.  
13.C.  
County Attorney Position  
Recommended Action:  
The County Attorney recommends that the Board have a discussion regarding how  
best to fill the position of County Attorney and provide direction to staff.  
Attachments: Staff Report  
County Attorney Dylan Reingold requested the Board's direction for finding a  
replacement upon his resignation at the end of July. He recommended Deputy County  
Attorney Bill DeBraal for the position.  
Chairman Earman suggested consulting an outside executive search firm, as well as  
searching internally for candidates. He recommended having Attorney DeBraal serve  
in the interim, or longer if he desired.  
The Commissioners entered into discussion regarding the benefits of promoting  
Attorney DeBraal to the position of County Attorney rather than as an interim.  
Commissioner Moss received confirmation from the Board and County Administrator  
Titkanich that the County Attorney position reported to the Board, and not to the  
County Administrator.  
Attorney DeBraal thanked the Board for their consideration and informed he was in  
the Deferred Retirement Option Plan (DROP), and could offer one (1) year of service  
as County Attorney before he retired for personal reasons. The Board discussed the  
advantages of having Attorney DeBraal in light of the changes being made to the  
County's structure, and the additional time it would provide to form a succession plan.  
Attorney DeBraal agreed to accept the promotion to County Attorney for one (1)  
year. Attorney Reingold stated he would return with a contract at the next regular  
meeting on July 11, 2023.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to approve the promotion of Deputy County Attorney William K. DeBraal to  
County Attorney effective immediately following the departure of current County  
Attorney Dylan Reingold. 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.  
Building Dedication  
Discussion  
Recommended Action:  
[Clerk Note: This Item was heard following Item 5.A.]  
Chairman Earman displayed photos in honor of Mr. Smith's award-winning  
tenure, and his love of classic cars before requesting the Board's consideration in  
naming the Court's Access to Justice Self Help Center in honor of Mr. Smith.  
Meredith Egan, Chief Executive Officer, United Way, discussed the desire to  
memorialize Mr. Smith's efforts to help the community and his work in establishing  
the Center.  
Mr. Smith expressed his sincere thanks to his family for their support,  
appreciation for his dedicated staff, and his office's collaborative relationship with  
the Board and staff. He also spoke of his years-long support for the United Way  
and their contributions to the community. Mr. Smith closed by discussing the  
impact of the Access to Justice Center, and the community partners who helped  
him realize his goal of establishing the Center.  
A motion was made by Commissioner Flescher, seconded by Chairman  
Earman, to approve naming the Access to Justice Self Help Center in honor  
of Jeffrey R. Smith. 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  
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.  
Award of Bid for Class 1 Landfill Segment 3 Cell 3 Site Preparation Project (Bid  
#2023040)  
Recommended Action:  
Staff recommends that its Board approve the following: a) Approve award of Bid  
No. 2023040 to Ryan Incorporated Southern of Deerfield Beach, Florida, as the  
lowest, responsive, responsible bidder for the Phase 1 construction of Cell 3  
Segment 3 Expansion of the Class 1 Landfill project for a grand total in the  
amount of $5,848,249.10. So long as there are no changes in the dollar amount  
under this award, upon adequate completion of the work set forth in the  
Agreement, staff is directed to make final payment and release any retainage to  
Ryan Incorporated Southern after review and approval by the Purchasing  
Manager and the County Attorney’s Office; and, b) Approve and authorize the  
Chairman to execute the sample agreement, as presented, pending receipt of the  
required bonds, insurance, and evidence of enrollment in e-verify, and final  
approval by the County Attorney as to form and legal sufficiency  
Attachments: Staff Report  
There was no discussion regarding 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  
15.B.2.  
Request for Approval of a Pilot Test by the Indian River Sustainability Center,  
LLC  
Recommended Action:  
Staff recommends that its Board approve the pilot test request by the Indian River  
Sustainability Center, LLC  
Attachments: Staff Report  
Solid Waste Disposal Director Himanshu Mehta described the pilot program  
conducted by the Indian River Sustainability Center, LLC, to test a new method  
of filtering and purifying the landfill's leachate.  
Vice Chairman Adams expressed excitement at the new technology and the  
no-cost opportunity to test it.  
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  
15.B.3.  
Update on SWDD Rate Study  
Recommended Action:  
This agenda provides an update to the Solid Waste Disposal District rate study  
and is not requesting Board action at this time  
Attachments: Staff Report  
Solid Waste Disposal District Managing Director Himanshu Mehta provided the  
Board with an update to the SWDD rate study and its impacts. Director Mehta  
noted that the starting fund balance was revised down to $20 million which would  
have the effect of delaying the start of some capital improvement projects; the  
assessment projections for the next 10 years were also updated. He advised that  
the new numbers would be presented at the upcoming Budget Workshop on July  
12, 2023.  
No Action Taken or Required  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 3:24 p.m.