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  
Ryan L. Butler, Clerk of the Circuit Court and Comptroller  
Tuesday, July 11, 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 Tracy Moore, Vero Beach Church of Christ  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 11.A. Executive Session to discuss IAFF negotiations  
Added: Item 13.C. Proclamation for County Attorney Dylan Reingold  
Moved: Item 15.A.1 to follow the Consent Agenda  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Agenda as amended. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
23-0560  
5.A.  
Presentation of Proclamation Designating the Month of July, 2023, as Parks and  
Recreation Month and Designating July 21, 2023, as Parks and Recreation  
Professionals' Day  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
During the presentation of the Proclamation by Vice Chairman Adams, the Parks and  
Recreation Department played a video highlighting the many parks and recreational  
venues in Indian River County.  
Parks and Recreations Director Beth Powell thanked the Board for their vision, hard  
work, and dedication to providing the highest quality service that spreads into the  
community. She commented that Parks and Recreation was an integral part of what  
makes Indian River County unique.  
Assistant County Administrator Mike Zito thanked the Board for the recognition.  
Read and presented by Vice Chairman Adams  
23-0429  
5.B.  
Presentation of Proclamation - Designating the Week of July 15, 2023 Through July  
21, 2023 as Treasure Coast Waterway Cleanup Week  
Recommended Action:  
Read & Present.  
Attachments: Proclamation  
Donna Ware joined Sebastian Natural Resources Board Member April Price to  
accept the Proclamation. Ms. Price detailed the amount of trash the annual clean-up  
removed from the waterways and encouraged the public to join them on July 22,  
2023, for this year's event. She thanked the Board for the recognition.  
Read and presented by Commissioner Loar  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of May 02, 2023 and May 16,  
2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0620  
6.A.  
Regular Meeting of May 02, 2023  
Approve  
Recommended Action:  
Attachments: 05022023 BCC Draft  
Approved  
23-0622  
6.B.  
Regular Meeting of May 16, 2023  
Approve  
Recommended Action:  
Attachments: 05162023BCC_Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-0597  
7.A.  
Proclamation Honoring Richard Villeneuve On His Retirement From Indian River  
County Board of Commissioners Department of Public Works/Road & Bridge  
Division  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
Chairman Earman acknowledged the retirement of Richard Villeneuve from the Indian  
River County Department of Public Works, Road & Bridge Division.  
No Action Taken or Required  
23-0626  
7.B.  
Environmental Lands Acquisition Panel (ELAP)  
Information Only  
Recommended Action:  
Attachments: Commissioner's Memorandum  
No Action Taken or Required  
23-0545  
7.C.  
Orders Approved by County Administrator  
No action by the Board is necessary.  
Recommended Action:  
Attachments: Staff Report  
Change Order A. Thomas Construction  
No Action Taken or Required  
23-0559  
7.D.  
Indian River County Venue Event Calendar Review  
Informational item only; no Board action is required  
Recommended Action:  
Attachments: Venue Event Calendar  
Chairman Earman announced that the Indian River County Veterans would be holding  
an observance for the recent passing of Colonel Marty Zickert on Saturday, July 29,  
2023.  
Commissioner Moss stated a get-together would be held at Col. Zickert's favorite  
watering hole, The Walking Tree Brewery, after the ceremony.  
No Action Taken or Required  
23-0565  
7.E.  
Florida Public Service Commission Consummating Order No.  
PSC-2023-0180-PAA-EQ, Petition for approval of renewable energy tariff and  
standard offer contract, 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  
23-0569  
7.F.  
Sebastian River Improvement District's Budget for Fiscal Year 2023/2024 (October  
1, 2023 - September 30, 2024) is on file for review in the Office of the Clerk to the  
Board  
Recommended Action:  
Information Only  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Chairman Earman,  
approved the Consent Agenda as amended, pulling Item 8.F. for discussion. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0557  
8.A.  
Checks and Electronic Payments June 9, 2023 to June 15, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of June 9, 2023 to June 15, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0566  
8.B.  
Checks and Electronic Payments June 16, 2023 to June 22, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of June 16, 2023 to June 22, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0594  
8.C.  
Checks and Electronic Payments June 23, 2023 to June 29, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of June 23, 2023 to June 29, 2023  
Attachments: Finance Department Staff Report  
Approved  
23-0556  
8.D.  
8.E.  
Tax Collector Carole Jean Jordan, Tax Collector -- 2022 Tax Roll Recapitulation  
Attachments: Memorandum from IRC Tax Collector  
2022 Tax Roll Recapitulation  
Approved  
23-0536  
Request to Waive the Bid Process for Community Development Software  
Recommended Action:  
Staff recommends that the Board of County Commissioners waive the requirement for  
bids, approve the proposed Neighborly Community Development Software  
agreement, and authorize the Chairman to sign it after review and approval by the  
County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Sole Source Vendor brochure  
Neighborly Software Agreement  
Approved staff's recommendation  
23-0571  
8.F.  
Increased Size Allowances for Accessory Structures on Large Single-Family Parcels  
Recommended Action:  
Staff recommends that the Board of County Commissioners consider the proposed  
LDR amendment request, provide initial feedback, and authorize Planning Division  
staff to draft a County-initiated LDR amendment to provide increased size allowances  
for accessory structures on larger single-family parcels.  
Attachments: Staff Report  
Vice Chairman Susan Adams pulled this Item to highlight the opportunity provided by  
Community Development for citizens looking to add accessory structures to their  
property.  
Andy Sobczak, Interim Community Development Director, proposed several fixes to  
improve the planning process to make it more customer-friendly. He suggested  
changing the rules for accessory structures. These structures were generally anything  
subordinate to the main house on a residential property, for example, a garage, or a  
detached mother-in-law suite. Community Development allowed less square footage  
for accessory structures than for the main house. This worked well on smaller  
properties, but citizens were often turned away on larger properties as they had used  
up their allowance. He stated the department had noticed this recurring theme over  
the years.  
Mr. Sobczak utilized a PowerPoint presentation that showed four examples of how  
many accessory structures could be built on a property. The number would be  
determined by tallying on-site structures and using a tiered system for larger  
properties. He stated with the Board's approval, Community Development would  
bring back a more formal item and update the code.  
Vice Chairman Adams stated this was a great common sense approach and looked  
forward to Mr. Sobczak bringing this item back at a future Board meeting.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0575  
8.G.  
Resolution of the Board of County Commissioners Authorizing Funding for the  
Florida Department of State, Division of Historic Resources Small Matching Grant for  
the Gifford Parks "Tour Through Time;" and for Providing an Effective Date  
Recommended Action:  
Staff respectfully recommends that the Chairman execute Resolution for the DHR  
Small Matching Grant for the Gifford Tour Through Time project  
Attachments: Staff Report  
Resolution  
Grant Form  
Approved staff's recommendation and Resolution 2023-030 authorizing funding  
for the Florida Department of State, Division of Historical Resources small  
matching grant for the Gifford Parks "Tour Through Time"; and providing for an  
effective date.  
23-0587  
8.H.  
Approval of a License Agreement with Miss B’s Learning Bees, Inc. for Use of the  
Intergenerational Recreation Center for a Success Team Summer Program  
Recommended Action:  
Staff recommends the Indian River County Board of County Commissioners accept the  
License Agreement with Miss B’s Learning Bees, Inc., and authorize the Chairman to  
execute the agreement after review by the County Attorney for legal sufficiency.  
Attachments: Staff Report  
License Agreement  
Approved staff's recommendation  
23-0553  
8.I.  
Indian River County Subaward and Grant Agreement for Hurricane Nicole  
Recommended Action:  
Staff recommends the Board approve and authorize the Chairman to execute the  
agreement and all other documents necessary to effectuate the agreement and  
authorize the County Administrator to sign any additional modifications.  
Attachments: Staff Report  
Subgrant Agreement  
Approved staff's recommendation  
23-0554  
8.J.  
Miscellaneous Budget Amendment 06  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget  
amendment resolution amending the fiscal year 2022-2023 budget  
Attachments: Staff Report  
2022 2023 Resolution  
Exhibit "A"  
Approved staff's recommendation and Resolution 2023-031, amending the Fiscal  
Year 2022-2023 budget.  
23-0555  
8.K.  
Authorization for BCC Chamber Upgrades with iM Solutions  
Recommended Action:  
Staff recommends the Board authorize piggyback the City of Cocoa contract, and  
authorize the Purchasing Division to issue a Purchase Order to iM Solutions for the  
upgrades.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0546  
8.L.  
Award of Bid 2023022 for Treasure Shores Beach Park Septic to Sewer Conversion  
Recommended Action:  
Staff recommends the Board award Bid 2023022 to Meeks Plumbing, Inc., approve  
the agreement, and authorize the Chairman to sign the agreement after review and  
approval by the County Attorney as to form and legal sufficiency, and after receipt  
and approval of the required public construction bond.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
23-0561  
8.M.  
Resolution re Signatories for Clerk  
Recommended Action:  
Adopt the resolution and authorize the newly appointed Clerk to sign the  
resolution and the respective Certificate of Facsimile Signature; and to  
instruct the Clerk to the Board of County Commissioners to transmit to the  
Department of State the original Certificate of Facsimile Signature.  
Attachments: Staff Report  
2023 RESO annual signatories - Clerk  
Certificate For Facsimile Signature  
Approved staff's recommendation and Resolution 2023-032 directing depositories  
of County funds to honor certain authorized signatures on county checks,  
warrants, and other orders for payment; providing for the Clerk of the Circuit  
Court signatory; and providing an effective date.  
23-0593  
8.N.  
Resolutions Formally Designating A Portion of Certain County Owned Properties as  
Right-Of-Way  
Recommended Action:  
Adopt the resolutions, and authorize the Chairman to execute same for recordation in  
the Public Records of Indian River County, Florida  
Attachments: Staff Report  
Reso Earmarking ROW (wr) - Colvin  
Reso Earmarking ROW (nr) - Hernandez-Lleo  
Reso Earmarking ROW (wr) - Abazis  
Reso Earmarking ROW (wr) - Hudson  
Reso Earmarking ROW (nr) - ONealL  
Reso Earmarking ROW (nr) - GardinerR-W  
Reso Earmarking ROW (nr) - Thompson  
Reso Earmarking ROW (wr) - Central Groves Corp  
Reso Earmarking ROW (nr) - US Bank (jackson)  
Reso Earmarking ROW (wr) - Roddenbrry  
Reso Earmarking ROW (wr) - HoodB  
Approved staff's recommendation and Resolutions 2023-033 (Colvin); 2023-034  
(Hernandez-Lleo); 2023-035 (Abazis); 2023-036 (Hudson); 2023-037 (O'Neal);  
2023-038 (Gardiner); 2023-039 (Thompson); 2023-040 (Central Groves Corp);  
2023-041 (U.S. Bank National Association); 2023-042 (Roddenberry); and 2023-043  
(Hood); formally designating certain County owned property for 66th Avenue  
right-of-way, and directing the Property Appraiser to cut out the property  
designated as right-of-way from the parent parcel.  
23-0595  
8.O.  
Purchase of Trucks for Parks Division  
Recommended Action:  
Staff recommends the Board authorize the waiver of the requirement for bids for  
trucks from Mike Maroone Chevrolet, made on its behalf by the County  
Administrator.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0596  
8.P.  
Authorization to Purchase Replacement Rescue Unit  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Division to issue a Purchase  
Order to South Florida Emergency Vehicles for the purchase of the rescue unit.  
Attachments: Staff Report  
SFEV Quote  
Approved staff's recommendation  
23-0562  
8.Q.  
Sector 3, Hurricanes Ian and Nicole Pre-Construction and Engineering Services,  
APTIM, Work Order No. 2018006-15  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018006-15 in the total lump  
sum amount of $88,332.95. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018006-15  
Attachments: Staff Report  
APTIM Work Order #2018006-15  
Work Order No 2018006-15 Agreement  
Approved staff's recommendation  
23-0572  
8.R.  
Change Order No. 1 - Release of Retainage Dick Bird Park Pickleball Courts  
IRC-2204  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor's  
Application for Payment No. 7 in the amount of $41,371.66 for release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
23-0567  
8.S.  
Monitoring of Committees Resolution  
Recommended Action:  
The County Attorney recommends that the Board approve the resolution delegating  
the monitoring of the committee terms to the Commission Office staff.  
Attachments: Staff Report  
Committee Monitor  
Approved staff's recommendation and Resolution 2023-044, modifying Resolution  
2011-072 appointing the Commission office as the monitor of committees.  
23-0574  
8.T.  
Addendum to RXBenefits Administrative Services Agreement Reflecting Improved  
Pricing and Updates effective January 1, 2023  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve and authorize  
the Board Chairman to sign the January 1, 2023 Addendum to the Administrative  
Services Agreement addendum with RXBenefits after review and approval by the  
County Attorney.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0573  
8.U.  
Release of Retainage and Change Order No. 1, Moorhen Marsh Low Energy  
Aquatic Plant System (LEAPS), IRC-2107  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 2107-18 to Allen Concrete and Masonry Inc. in the  
amount of $644,859.15 for final payment for Part A and release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
23-0577  
8.V.  
Grant Application Funding Assistance from the State of Florida Beach Erosion  
Control Program - FY 2024/2025  
Recommended Action:  
Staff recommends Board approval of the funding resolution.  
Attachments: Staff Report  
Funding Resolution Sector 3 LGFR 24-25  
Approved staff's recommendation and Resolution 2023-045, requesting assistance  
from the State of Florida Beach Erosion Control Program - FY 2024/2025.  
23-0578  
8.W.  
Approval of the Grand Muck Survey and Nutrient Analysis Contract Agreement  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the agreement,  
authorize the Chairman to sign the agreement once the signed agreement is received  
back from Dr. Fox and FIT. Additionally, staff requests the Board authorize the  
Purchasing Manager to issue individual work orders for the Tasks identified in the  
staff report, as funding is available and approved  
Attachments: Staff Report  
IRC Muck Survey Proposal  
FIT Agreement for IRL Muck Research  
Approved staff's recommendation  
23-0579  
8.X.  
FDEP Revised Grant Agreement 23IR2 (Indian River County 2022 Hurricane Ian  
and Nicole Recovery Project)  
Recommended Action:  
FDEP revision to the Board’s previously approved LGFR 23IR2 Grant are reflected  
only in the amount of the award, with the revised LGFR 23IR2 Grant replacing the  
previously approved version. Revised LGFR 23IR2 Grant increases the funding  
amounts awarded for the County’s beach and dune repair efforts from  
$3,745,691.41 to $7,722,000.00 as identified in the agenda above. Terms contained  
within the revised grant are to be identical to the Board’s previously approved  
version. In order to move ahead with the revised grant amounts, Staff recommends  
the Board authorize the County Administrator to accept FDEP’s revised Grant  
Agreement 23IR2 for up to $7,722,000.00 and sign the Agreement on behalf of the  
County. Following County execution, Staff 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  
Revised Grant Form No. 23IR2  
Approved staff's recommendation  
23-0580  
8.Y.  
Colliers International Lease Compensation for North County Office  
Recommended Action:  
Staff recommends the Board approve the compensation rate of 6% for lease  
agreements through Colliers International Florida, LLC  
Attachments: Staff Report  
Approved staff's recommendation  
23-0592  
8.Z.  
Amendment No. 2 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects  
and Associates for Fire Station #7 (IRC-1911)  
Recommended Action:  
Public Works recommends the Board of County Commissioners approve  
Amendment No. 2 to Work Order No. 5 with Edlund, Dritenbas, Binkley Architects  
and Associates, P.A., in the amount of $18,300.00 and authorize the Chairman to  
execute Amendment No. 2 to Work Order No. 5.  
Attachments: Staff Report  
Amendment No. 2 to Work Order No. 5  
Approved staff's recommendation  
23-0604  
8.AA.  
Approval of FWC Grant for Indian River County Derelict Vessel Removal Project  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the County  
Administrator to sign and execute Contract 22299 in the amount of $31,295.00 on  
behalf of the County upon receipt  
Attachments: Staff Report  
FWC Grant Sample Agreement  
July 2023 IRC DV Removal Map  
Approved staff's recommendation  
23-0582  
8.AB.  
North Sebastian Phase II Water and Sewer Project FDEP Cost-Share Funding  
Agreement (LPQ 0019) Time Extension  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the Director of  
Utility Services to sign the Florida Department of Environmental Protection Grant  
Agreement LPQ0019 Amendment 3 and all necessary documents in order to  
effectuate the grant time extension  
Attachments: Staff Report  
LPQ0019 Amendment 3  
Approved staff's recommendation  
23-0583  
8.AC.  
Revision 1 to 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 the Revision to  
Amendment No.1 to Centerline, Inc. in the amount of $1,368,176.77, which would  
effectively 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. So long as there are no changes in the  
dollar amount under the revised Work Order, upon adequate completion of the work  
set forth in the Work Order, staff is directed to make final payment and release any  
retainage to Centerline, Inc., after review and approval by the Purchasing Manager  
and the County Attorney’s Office  
Attachments: Staff Report  
Change Order No 1  
Amendment 1 to Centerline Agreement  
Approved staff's recommendation  
23-0584  
8.AD.  
Work Order #1 - West Regional Wastewater Treatment Facility Effluent Reject  
System  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order  
No. 1 with Kimley-Horn and Associates, Inc. in the amount of $151,343.00 to  
provide design, permitting, bid and construction phase services, and authorize the  
chair to execute the same. So long as there are no changes in the dollar amount under  
the work order, upon adequate completion of the work set forth in the work order,  
staff is directed to make final payment and release any retainage to Kimley-Horn and  
Associates, Inc., after review and approval by the Purchasing Manager and the  
County Attorney’s Office  
Attachments: Staff Report  
Work Order #1  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
23-0603  
9.A.  
IRC Tax Collector Carole Jean Jordan re: PACE Loans  
Attachments: Memorandum from IRC Tax Collector  
Carole Jean Jordan, Indian River County Tax Collector, stated this Item was brought  
before the Board to address the Property Assessed Clean Energy (PACE) program  
and to specifically warn County citizens of predatory lenders in Indian River County.  
Ms. Jordan had shared her concern with elected officials, including Senator Erin Grall,  
Representative Robert Brackett, and County Attorney Dylan Reingold. She stated  
that Director of Taxes and Licensing Jordan Abbey and the Attorney for the Tax  
Collectors office, Robert Nall, had invested countless hours conducting research  
across the State of Florida regarding the PACE program.  
Mr. Abbey explained the PACE program and why it was being presented to the  
Board. He used a PowerPoint presentation to illustrate his points. PACE financing  
allowed property owners to fund energy-efficient, renewable energy, or wind-resistant  
improvements with little to no upfront costs. However, the homeowner must enter into  
an agreement with a participating agency to obtain the financing, which would be paid  
off through their tax bill. Mr. Abbey raised concerns, including that PACE providers  
were exempt from the Truth-in-Lending Act, making it different from conventional  
loans. Additionally, homes with PACE loans were ineligible for financing from the  
Federal Housing Administration (FHA), Fannie Mae, and Freddie Mac. The length of  
the loans could exceed the useful life of the improvements, and some contractors and  
funding agencies were selling the programs as government or county programs, which  
they were not. Finally, low-income, elderly, and non-English speaking residents were  
often targeted, with contracts being signed on mobile devices, making it difficult to  
review the terms and understand the document they were signing.  
Mr. Abbey stated that the Board had previously voted against allowing PACE  
agencies to operate in the Unincorporated County. Currently, the Florida Green  
Finance Authority (FLGFA) had an agreement with the City of Fellsmere to offer  
PACE loans to its residents, but no agreements had been made with the City of Vero  
Beach, the Town of Indian River Shores, the Town of Orchid, and the City of  
Sebastian. In another instance, despite lacking an Interlocal Agreement with the  
County Tax Collector, the Florida PACE Funding Agency (FPFA) had contracted  
over 18 PACE improvements in the Unincorporated County. He gave two examples  
of how the PACE program could negatively affect taxpayers' tax liability. He  
mentioned that Sarasota, Pasco, Palm Beach, and Pinellas Counties had either  
terminated existing Interlocal agreements or filed lawsuits against FPFA. He advised  
homeowners to explore all options when seeking home improvement financing and to  
carefully review all paperwork before signing.  
Attorney Reingold acknowledged the Board's concerns regarding all PACE  
programs, referencing an email he received, which stated that other PACE entities  
were not part of this litigation. He appreciated those PACE entities that did not take a  
bullying approach like the FPFA. Attorney Reingold mentioned that Carole Jean  
Jordan, Wesley Davis, and the Florida Department of Revenue had received a letter  
from the FPFA, and their website address was www.floridaPACE.gov, which  
indicated that they were masquerading as a governmental entity. He suggested a  
public records request to determine whom the FPFA was targeting.  
Ms. Jordan stated that it was imperative that citizens exercised caution and  
understood the Board's repeated opposition to it. Unfortunately, imposing a lien on  
the tax roll would be necessary for those who could not pay those loans. This could  
lead to them losing their homes, which would be an injustice.  
Commissioner Flescher stated it was important to note that the Board had taken a  
unanimous stance against the PACE program. Unfortunately, some unscrupulous  
individuals had taken advantage of the vulnerabilities of the County’s citizens and  
offered enticing deals, which could be inappropriate and harmful to the community.  
He emphasized that the Board did not support this program in any way, shape, or  
form. He thanked Ms. Jordan and Mr. Davis for taking a strong stand in protecting  
the community.  
Chairman Earman agreed with Commissioner Flescher. Unfortunately, many seniors  
would be unprepared for the shock of their first statement. He stated that PACE  
seemed brazen and sharp-toothed and was shocked at their audacity. Commissioner  
Moss echoed Chairman Earman’s remarks.  
Jim Kordiak, resident, stated he wholly supported any effort the Board chose to  
pursue.  
No Action Taken or Required  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
23-0576  
10.A.1.  
Pulte Home Company, LLC’s Petition for Abandonment of a Public Access  
Easement (LEGISLATIVE)  
Recommended Action:  
Staff recommends that the Board of County Commissioners abandon its rights to  
the subject public access easement, and authorize the chairman to execute the  
attached abandonment resolution, with the following condition: 1. The  
replacement easement shall be recorded immediately following the abandonment  
resolution.  
Attachments: Staff Report  
Location Map  
Abandonment Resolution  
Ryan Sweeney, Interim Assistant Community Development Director, stated that  
Pulte Home Companies had requested a public access easement abandonment.  
This easement functioned as a public access and technically served as a  
right-of-way. Out of an abundance of caution, the request would need to go  
through the formal right-of-way abandonment process, including advertising a  
public hearing. The project site, located east of US-1 and south of County Road  
510, was initially approved in 2005 as Orchid Landing Village. It had been  
known as Orchid Quay and Bristol Bay but was now called Harbor Isle. He  
stated it was initially approved for 497 multi-family units and 90,000-130,000  
square feet of commercial space; it now included 270 single-family units, and the  
commercial space had since been split off. However, it remained connected to  
US-1, County Road 510, and 82nd Street. He utilized a PowerPoint  
demonstration to show the currently approved site plan and proposed easement.  
Mr. Sweeney stated the Planning and Zoning Commission reapproved the  
development in 2021, reducing the number of units, removing the connection to  
82nd Street, and slightly realigned the easement to allow public access to the  
Mayflower Frontage Road and the approved shopping center. A new easement  
document was ready to be immediately recorded.  
The Chairman opened the public hearing.  
Kyle Jones, representing Pulte Company Homes, fully agreed with the staff  
report. He thanked staff for their cooperation in making this process seamless.  
There were no additional speakers; the Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation and Resolution 2023-046, providing  
for the closing, abandonment, vacation and discontinuance of a public  
access easement located in Indian River County, Florida. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
23-0647  
11.A  
Addition 11.A -- Executive Session to Discuss IAFF Negotiations  
Attachments: Staff Report  
County Administrator John Titkanich stated the Executive Session would occur  
immediately following the regular Board meeting.  
No Action Taken or Required  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
23-0522  
12.F.1.  
Consideration of Levying an Additional Cent of Tourist Tax  
Recommended Action:  
Staff is seeking direction regarding the Board's desire to levy an additional cent of  
Tourist Tax, as well as how the proceeds of Tourist Taxes are to be spent.  
Attachments: Staff Report  
FS 125.0104  
Management and Budget Director Kristen Daniels used a PowerPoint  
presentation to explain the potential additional levy of one cent tourist tax. The  
County currently levied four cents of tourist tax on any short-term lodging lasting  
less than six months. The four cents collected were divided between three funds: 1  
2/3 cents for tourism development agencies ($1,725,138), 1 5/6 cents for beach  
restoration ($1,897,362), and 1/2 cents for the lease obligation at the Jackie  
Robinson Training Complex ($517,500). According to Florida Statute  
125.0104, the first three cents could be spent on sports stadium maintenance,  
capital tourism promotion, and beach restoration. Ms. Daniels clarified that under  
the statute, the fifth cent was only allowed to be levied by high-impact tourism  
counties that collect sales above $600,000,000. Indian River County collected  
closer to $103,000,000; therefore, the County would not qualify for the fifth cent,  
referred to as the sixth cent statute, resulting in five pennies for the County. She  
further detailed that the fourth and the sixth cent could only be used towards  
sports stadium capital and tourism promotion.  
Ms. Daniels stated at the June 20, 2023, meeting, Chairman Earman had  
requested staff provide a 10-year history of the beach preservation fund. Over the  
ten (10) years, $29,407,998 was collected to support the beaches. She provided  
the Beach Restoration Fund history, including the completed beach restoration  
projects. She pointed out that with any grants and FEMA proceeds, the money  
had to be spent first, and then the reimbursement would be received. She noted  
the County was awaiting approximately 14.3 million dollars in reimbursements  
from the State and FEMA; after these funds were received, the beach fund should  
have a balance of roughly $10.4 million.  
Ms. Daniels referred to the direction by the Board for staff to evaluate how the  
County could appropriate the most funding to the Beach Restoration Fund. She  
reviewed the options, one being the current Jackie Robinson Training Center  
(JRTC) lease obligation of $800,000. Pointing out that on September 1, 2023,  
the County’s commitment would drop by half to $400,000. She mentioned the  
current 1/2 cent of the Tourist Tax generated approximately $500,000 and  
proposed the County reduce the 1/2 cent to 1/4 cent ($250,000). This would  
allow the 1/4 cent to be reallocated to the Beach Restoration Fund. Ms. Daniels  
presented the matrix and summarized the options to reallocate the additional cent  
of Tourist Tax to levy.  
Option 1: Levy an additional cent and reallocate funds as follows:  
Beach Restoration Fund 2 3/4 cents (2.75)  
Tourist Development Fund 2 cents (2.0)  
JRTC Fund 1/4 cent (.25)  
Option 2: No additional levy and reallocate funds as follows:  
Beach Restoration Fund 2 1/12 cents (2.08)  
Tourist Development Fund 1 2/3 cents (1.67)  
JRTC Fund 1/4 cents (0.25)  
Option 3: No change to the existing allocation  
Chairman Earman stated that the County could effectively secure more funding for  
beach restoration by implementing this proposal and supported Option 1.  
Commissioner Flescher stated Option 1 provided beach funding and reduced the  
likelihood of scrambling for match dollars when they become available. Although  
less than a million dollars would not cover all beach needs, it was an additional  
tool. He fully supported Option 1 and believed it would boost tourism and give  
the County Administrator more latitude when seeking beach funding.  
Commissioner Moss questioned if the surplus from Tourist Development could  
replace increasing the Tourist Tax. Ms. Daniels replied that the Statute dictates  
how the pennies are spent, and it was not allowed under penny four (4) and six  
(6).  
Commissioner Loar conveyed his support for Option 1 and highlighted the  
importance of increased cooperation from the Chambers to elevate tourism in the  
region further.  
Chairman Earman sought and received from Attorney Dylan Reingold that if the  
Board were to move forward with the proposal, staff would bring back an  
Ordinance in August to establish the fifth Penny. Attorney Reingold responded  
that the Ordinance would require a minimum of a four-to-one vote to pass. Also,  
changes may need to be made to the Code to accommodate the addition of the  
fifth penny, and the timing would also need to align with the clerk's office.  
President of the Indian River County Chamber of Commerce, Dori Stone, stated  
that the Chamber's funding would be allocated towards updating the tourism  
study, providing valuable insight into the County guests' spending behaviors. The  
Chamber remained committed to the beach renourishment program, which was  
vital in promoting tourism in the County.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Loar, to approve Option 1 and to bring back an Ordinance at the regular  
meeting in August. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
G. Public Works  
The Chairman called for a recess at 10:30 am and reconvened the meeting at 10:41  
am with all members present.  
23-0563  
12.G.1.  
Indian River County’s Draft Lagoon Management Plan  
Recommended Action:  
Staff recommends the Board authorize staff to move on to the Public Outreach step to  
move the development of Indian River County’s LMP forward  
Attachments: Staff Report  
Draft Lagoon Management Plan  
Melissa Meisenburg, Lagoon Environmental Specialist, utilized a PowerPoint  
presentation to make known that the initial draft of the Lagoon Management Plan  
(LMP) had been completed. She stated that the LMP would be subject to public  
outreach and comment periods before moving on to the implementation phase. All  
feedback received during this process would be carefully considered, and  
modifications would be made accordingly. In addition to public comments, meetings  
would be held with the Commissioners and special interest groups. Ms. Meisenburg  
commented that Tetra Tech Consultants would facilitate those meetings, and she  
hoped to schedule one-on-one meetings with Commissioners in July 2023. The final  
LMP was anticipated to be presented to the Board on September 26, 2023, for  
consideration and adoption.  
Commissioner Loar expressed his gratitude towards Ms. Meisenburg and her team  
for their hard work. Despite the pressure imposed in April 2023, he was pleased to  
see progress and was excited about the future.  
Commissioner Flescher and Commissioner Moss agreed with Commissioner Loar  
and looked forward to gathering input from all parties for potential changes starting in  
August 2023.  
Chairman Earman expressed satisfaction with the document, calling it a robust and  
well-constructed piece of work. He eagerly anticipated seeing the results of the  
process. He was pleased with the commitment made by Senator Erin Grall, Senator  
Debbie Mayfield, Representative Thad Altman, and Department of Environmental  
Protection (DEP) Director John Johnson, who supported funding various water  
conservation projects. These projects focused on groundwater, Lagoon water, and  
beach improvements. Chairman Earman was grateful for the support of all those  
involved in this effort and gave special thanks to Public Works Director Rich Szpyrka  
and Natural Resources Manager Eric Charest, and was optimistic about the future of  
Indian River County regarding water conservation.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
23-0568  
13.A.  
County Attorney Employment Contract  
Recommended Action:  
The County Attorney recommends that the Board approve the proposed County  
Attorney Employment Agreement with Mr. Bill DeBraal.  
Attachments: Staff Report  
Employment Agreement  
County Attorney Dylan Reingold announced that during the Board's meeting on June  
20, 2023, the decision was made to appoint Bill DeBraal as the new County Attorney  
following Attorney Reingold’s departure. He stated a contract had been negotiated  
for Mr. DeBraal and was available for Board approval, which was largely in line with  
his current agreement.  
There was no further discussion on this Item.  
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  
23-0570  
13.B.  
Deputy County Attorney  
Recommended Action:  
The County Attorney recommends that the Board consent to promoting Susan J.  
Prado to the Deputy County Attorney position upon Mr. DeBraal, the current Deputy  
County Attorney, becoming County Attorney.  
Attachments: Staff Report  
County Attorney Dylan Reingold stated that the recent appointment of Bill DeBraal as  
the new County Attorney created an opportunity to fill the Deputy County Attorney  
position. It was the opinion of the current and future County Attorneys, Dylan  
Reingold and Bill DeBraal, that Susan Prado would be a suitable candidate for the  
role. As per the County Code, the County Attorney must receive the advice and  
consent of the Board in hiring a Deputy County Attorney. Therefore, it was the joint  
recommendation of both County Attorneys to promote Susan Prado as the next  
Deputy County Attorney.  
There was no further discussion on this Item.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
13.C. Proclamation Honoring Dylan Reingold On His Retirement  
Chairman Earman began the presentation of the Proclamation by acknowledging  
the upcoming departure of County Attorney Dylan Reingold. He shared that Mr.  
Reingold would soon embark on a journey to Africa to climb Mount Kilimanjaro  
as part of his bucket list. With that, Chairman Earman proceeded to present the  
Proclamation.  
The Commissioners and staff each took turns expressing their gratitude for the  
County Attorney's invaluable service and offered their congratulations and best  
wishes for his future endeavors.  
To further highlight the County Attorney's contributions, Indian River Shores  
Town Manager Jim Harpring and City of Sebastian Council Member Bob  
McPartlan spoke on his behalf.  
Attorney Reingold stated he was incredibly grateful for the opportunity to work  
with such amazing department heads throughout the years. It had been a privilege  
to receive all of the insightful comments, and it was truly appreciated.  
Read and presented by Chairman Earman  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
23-0627  
14.A.1.  
Proposed Joint Municipality Meeting  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Chairman Earman proposed a joint meeting with the municipality councils and  
stated he had already taken the initiative to have discussions with several Mayors.  
This forum would focus on what was best for the Towns, Cities, and the County  
to address critical issues such as Lagoon projects and roadway concerns. The  
objective would be to have a constructive and productive conversation that would  
yield positive outcomes. He suggested that staff arrange meeting details for the  
County Administrator and City Managers to discuss mutual concerns.  
Each Commissioner weighed in with their support for the joint municipality  
meetings, stating it was an excellent, long-overdue idea. By doing this, the County  
could better understand each other's work in terms of the councils and the  
commissions.  
City of Sebastian Council Member Bob McPartlan suggested individual meetings  
with each City Council instead of a joint meeting and suggested after the election  
in November.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve a a joint meeting with County Municipalities. 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  
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.  
[Clerks note: Item 15.A.1 was heard after Consent]  
23-0602  
15.A.1.  
Approval Firefighter Cancer Decontamination Grant  
Recommended Action:  
Staff recommends that the Board authorize consent for application submission to The  
Florida Firefighter Cancer Decontamination Equipment Grant Program. Authorize  
consent for application submission with the Purchasing Manager, and funding  
approved by the Budget office.  
Attachments: Staff Report  
MES Quote  
TEN-8 Quote  
Bullard Quote  
Notice of Funding  
Director of Emergency Service Chief David Johnson stated the 75-25 Grant would  
greatly benefit the department by providing additional gloves, hoods, and helmet  
inserts. He commented that firefighters often encounter contamination during structure  
fires, and there was a need to replace these items after each use to ensure the  
firefighters had a fresh set for their next call. This grant would significantly enhance the  
supply of these three essential items.  
No further discussion was had on this Item.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
The Board of Commissioners adjourned the Emergency Services District meeting and  
reconvened as the Board of County Commissioners, resuming the meeting with Item  
9.A.  
B. Solid Waste Disposal District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Solid Waste Disposal District. The minutes will be approved at an  
upcoming Solid Waste Disposal District meeting.  
23-0621  
15.B.1.  
Approval of the SWDD Meeting Minutes of May 02, 2023  
Approve  
Recommended Action:  
Attachments: 0502202 SWDD Draft  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the minutes of the May 02, 2023 Solid Waste Disposal  
District meeting as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0585  
15.B.2.  
Approval of FY 2024 CPI Adjustment Requests by Waste Management, Atlas  
Organics, Republic Services, and Indian River Sustainability Center  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
calculated CPI of 3.84% be granted to Waste Management, Inc. of Florida and  
Atlas Organics Indian River, LLC with a 4% allowance for Republic Services of  
Florida, LP and Indian River Sustainability Center, LLC, and authorize the  
County Administrator or his designee to send a letter of approval. Staff also  
recommends approval of a reduction of credit by $165,132 to the Indian River  
Sustainability Center, LLC  
Attachments: Staff Report  
Rate Adjustment Letters from Waste Management  
Rate Adjustment Letter from Atlas  
Rate Adjustment Letter from Republic  
Rate Adjustment Letter from IRSC  
Solid Waste Disposal District Managing Director Himanshu Mehta referred to his  
memorandum dated June 27, 2023, regarding the Fiscal Year 2024 Consumer  
Price Index (CPI) adjustment by Waste Management (WM), Atlas Organics  
(Atlas), Republic Services (Republic), and Indian River Sustainability Center,  
LLC (IRSC). Each agreement involved an annual adjustment process whereby  
the vendors could request a CPI increase. However, the indexes could differ from  
year to year and vary between contracts. Despite the requests the Solid Waste  
Disposal District (SWDD) had received, all agreements had a maximum cap of  
three percent (3%). Due to the current state of the economy, inflation factors had  
been higher than usual, which had impacted each agreement individually. He  
reviewed each agreement separately, pointing out their contract allowance,  
requested increase, and the staff’s proposal.  
1) Waste Management, of which there were two agreements; the first was the  
franchise agreement, which affected both residential and commercial rates in  
unincorporated areas of the County. Additionally, it impacted the residential  
recycling collection rate included in the annual SWDD budget. The second  
agreement pertained to recycling collection at government buildings and facilities.  
The CPI for both contracts was calculated at 3.84%, whereas WM had  
requested a higher rate of 5.12%, exceeding the maximum of 3%. He stated that  
staff recommended a 3.84% increase for both agreements.  
2) Atlas Organics was the go-to provider for all the County yard waste needs.  
They receive all yard waste materials at the landfill and expertly mulch them  
before transporting the materials to the facility next door for composting. Their  
CPI category was comparable to WM, with a calculated amount of 3.84%.  
While their cap was set at 3%, staff recommended the 3.84% requested by Atlas.  
3) Republic Services provides landfill management to the five customer  
convenience centers and services the Blue Cypress facility. Their proposal  
included a rate increase of 6.92%.  
4) The Indian River Sustainability Center proposed a 5.19% increase.  
Considering the economic impacts, staff recommended both Republic and IRSC  
receive a 4% increase.  
Mr. Mehta stated the SWWD allowed for an increase in population, which  
increased tonnages; staff felt comfortable with the recommendation even though  
going above the cap of 3% was typically not done.  
Chairman Earman sought and received confirmation that there would be no  
increase to the residents under the staff proposal. Mr. Mehta responded that the  
3.84% increase in the Waste Management budget would affect County residents  
as it impacts the recycling component of the budget. The residential subscription  
pickup price was $10.75; the recommendation would increase it to $11.16,  
bringing the quarterly price from $32.25 to $33.48 for residents if the 3.84%  
increase was approved.  
Commissioner Loar commented that the County had great relationships with all  
the vendors discussed. In his experience, the vendors were very responsive to any  
call, and it was the cost of doing business.  
Resident James Kordiak raised concern about people using recycling bins for  
garbage despite mandatory recycling and provision of bins. He suggested a  
mandatory garbage collection program funded by property taxes to encourage  
voluntary recycling.  
A motion was made by Commissioner Loar, 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  
23-0588  
15.B.3.  
Update on Franchise Collection Procurement Process  
Recommended Action:  
Solid Waste Disposal District staff recommends the Board approve the drafting  
and issue of the solicitation documents based upon the options and programmatic  
details provided herein  
Attachments: Staff Report  
Solid Waste Disposal District Managing Director Himanshu Mehta utilized a  
PowerPoint presentation to update the Board on the County’s Solid Waste and  
Recyclables Collection Service. It was time to begin the Request for Proposal  
(RFP) process to ensure competitive procurement and maintain service quality.  
The Solid Waste Disposal District (SWDD) aimed to increase efficiency and  
recycling rates while managing costs, remaining one of the lowest-priced options  
in the Treasure Coast region. This process followed the Franchise Agreement  
Ordinance and would result in the best possible outcome for the community.  
Mr. Mehta stated that Waste Management had an exclusive subscription service  
for garbage and yard waste pickup and commercial service in unincorporated  
areas of Indian River County, except for Municipalities. Over 70% of  
unincorporated area residents subscribed to Waste Management (WM) services.  
The City of Fellsmere was using the piggyback clause and was waiting for the  
Board's decision, while the City of Sebastian recently signed a new franchise  
agreement with WM. Vero Beach had its own solid waste collection service, and  
the Town of Indian River Shores and the Town of Orchid were interested in  
participating in the RFP.  
Mr. Mehta highlighted the new potential services included in the RFP. He gave an  
overview of the Universal Garbage Collection to the RFP. He outlined  
requirements for vendors bidding on exclusive residential and commercial  
franchise areas in unincorporated Indian River County, which included  
single-stream recycling for the entire County and Government facilities.  
Mr. Mehta reviewed four (4) residential service options, the evaluation criteria,  
and the timeline. He emphasized that the County’s procurement documents  
included the Cone of Silence, which would be implemented when the RFP was  
issued, with which staff and Board members must comply. Vendors must direct  
questions through the County purchasing department. He suggested enacting the  
Cone of Silence immediately.  
Vice Chairman Adams stated that the Board would face challenging decisions  
during this year's RFP process and discussed the difficulty of the process. She  
stated that rushing the process would not benefit the residents, and the Board  
needed to allow staff and vendors ample time to provide comprehensive  
packages for evaluation. Further, the Board may not be able to please everyone,  
but following the proper process would equip them to make a well-informed  
decision. With Indian River Shores and the Town of Orchid's interest in joining  
the endeavor, it would attract more customers for vendors submitting their RFPs.  
The City of Fellsmere had participated in the past through the piggyback option  
and remarked it would be interesting to see if they continued to do so in the  
future.  
Vice Chairman Adams further stated that as the Board goes through this process,  
it was crucial that the Board and staff were transparent and communicated clearly  
with the public about the various options available to the County and why certain  
decisions were made. She felt it was vital to keep the lines of communication open  
with the public to ensure everyone was on the same page.  
Mr. Mehta responded that postcards were sent to all residents outlining significant  
decisions and plans in previous communications. Staff planned to continue this  
practice and share information once it became available, such as when a meeting  
was scheduled, or a staff report was complete. The SWDD's goal was to keep  
everyone informed about the process and any updates. Based on the County  
Administrator and Board direction, staff would also share when the RFPs were  
out. Additionally, updates would be posted on the County website for easy  
access.  
Commissioner Flescher addressed Mr. Kodiak's concerns regarding recycling bin  
contamination. He disagreed with initiating the Cone of Silence as it would hinder  
fact-finding and decision-making.  
Commissioner Loar expressed enthusiasm for involving towns and cities to  
increase the County's bargaining power. He stated he spoke to industry experts  
who recommended starting this process as soon as possible, which aligned with  
the staff's recommendation to begin now, and he fully supported moving forward.  
Commissioner Moss discussed whether the County should switch to Universal or  
remain a subscription-only service. She appreciated the set timeline and looked  
forward to forthcoming details. Ms. Moss sought and received information from  
Mr. Mehta about potential savings for citizens. Mr. Mehta replied that it was  
difficult to determine, but consultants could assess the industry's current state and  
gather information to distribute through the County Administrator. Commissioner  
Moss agreed with Commissioner Flescher that the Cone of Silence was only  
necessary once more information was provided.  
Chairman Earman stated there are more people and, as a result, more solid waste  
in the County, and need to prepare for the future and ensure proper waste  
management. He commented on Vice Chairman Adams's statement that the  
County needed to work through a process and make decisions that are best for  
the present and future. He agreed that the Cone of Silence was not necessary at  
this time.  
County Attorney Dylan Reingold requested flexibility for towns and cities seeking  
FEMA reimbursement, as FEMA now required specific entity names for  
piggyback contracts. He also advised that if the Board approved the Universal  
option, they must begin the process by October 2024 to get it on the November  
2025 tax roll.  
Vice Chairman Adams sought and received from Mr. Mehta if that timeline with  
the Universal Option had been considered. Mr. Mehta stated that a more  
detailed conversation with the Property Appraiser would be had to confirm the  
process regarding their due dates.  
Chairman Earman reflected on the timeline provided by Mr. Mehta and confirmed  
that the timeline would not change if the Board decided to elect the Universal  
option.  
Further discussion was had between the Board and staff regarding the RFP  
options. Vice Chairman Adams voiced concern that when the towns and cities  
consider their options, they should consider their potential impact on the County  
rates and preferred that parameters be in place and that participation required  
choosing from the four proposed options. Still, they could consider the piggyback  
clause if they preferred something else.  
James Harpring, Indian River Shores Town Manager, stated he appreciated Mr.  
Mehta's hard work on this item, and the Commissioners and staff were fortunate  
to have his due diligence. He also thanked Mr. Mehta for clarifying that the staff  
memo referred to the complexity of different collection programs between  
municipalities and that staff recommended including an optional piggyback clause.  
Mr. Harpring emphasized that the Town was now aligned with County Services.  
To save costs and improve bargaining power, the Town preferred to be a full and  
active participant in the County contract rather than stand alone.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve staff's recommendation with no Cone of Silence until  
October 2023 when the Request for Proposal (RFP) was released. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
23-0589  
15.B.4.  
Work Order No. 2 to Geosyntec for One Year of Groundwater  
Monitoring/Reporting and Remedial Action Plan Modification Addendum No. 4  
Design at the Former South Gifford Road Landfill  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approves and  
authorizes the Chairman to sign Work Order No. 2 authorizing Geosyntec to  
provide groundwater monitoring/reporting and related consulting services for the  
Former Gifford Road Landfill in compliance with Florida Department of  
Environmental Protection requirements for a period of one year not to exceed fee  
of $171,433.02  
Attachments: Staff Report  
Geosyntec Work Order No 2  
There was no 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  
23-0590  
15.B.5.  
Notice of Public Hearing to Adopt Rate Resolution 2023-001  
Recommended Action:  
Staff recommends that the Solid Waste Disposal District Board authorize staff to  
advertise for a Public Hearing to be held on August 15 in accordance with the  
10-day pre-hearing requirement for a notice in the local newspaper  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record  
23-0591  
15.B.6.  
Final Pay to Geosyntec for Work Order No. 14 - 2022 Permit Compliance  
Monitoring & Reporting  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Geosyntec’s final invoice amount of $3,798.10  
Attachments: Staff Report  
Project Completion Report and Final Invoice  
There was no discussion on this Item.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
Chairman Earman announced the Budget Workshop would be held July 12, 2023 at  
9:00 am.  
There being no further business the Chairman adjourned the meeting at 12:51 pm.