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  
William K. DeBraal, County Attorney  
Ryan L. Butler, Clerk of the Circuit Court and Comptroller  
Tuesday, August 15, 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  
Wesley Davis, Property Appraiser  
3. PLEDGE OF ALLEGIANCE  
John Titkanich, County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Prior to discussion of the Agenda, Chairman Earman received an update from IT  
Director Dan Russell regarding the upgraded media equipment in Chambers and in the  
Emergency Operation Center.  
Added: Item 9.C.: Trim Notices  
Moved: Item 7.C. to Item 11.C.  
Moved: Item 14.B. to Item 9.D.  
Deleted: Item 8.A.I.  
Deleted: Item 8.A.J.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to approve the Agenda as amended. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Presentation of Proclamation Designating August 31, 2023 as International Overdose  
Awareness Day  
Recommended Action:  
Read & Present  
Attachments: Proclamation  
Carrie Lester, Executive Director, Substance Awareness Center, thanked the Board  
for bringing attention to the growing number of overdoses due to fentanyl. Ms. Lester  
invited the community to attend the Opioid Summit held on August 31, 2023,  
International Overdose Awareness Day. Vero Beach Police Chief David Curry  
assured the community that prevention and recovery efforts were being taken.  
Read and Presented by Commissioner Loar  
5.B.  
Presentation of Proclamation Recognizing Colonel Marty Zickert  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
Martin "Marty" Zickert was represented by his son and daughter-in-law as  
Commissioner Moss read the proclamation in memory of Mr. Zickert, and spoke of  
his many interests and community contributions including the Blue Angels Air Show  
and veteran's services. The Commissioners shared their memories of Mr. Zickert's  
larger-than-life personality and leadership. The Martin J. Zickert Memorial Fund  
would be established to continue advocating for veterans.  
The following people spoke on behalf of Mr. Zickert:  
Michael Zickert  
Cynthia Ryan, Executive Director, Veterans Council of Indian River County  
Carroll Oates, Military Officer's Association of America  
Jason Patzer, NextGen Veterans  
Stephen Hume, Vice Chairman, Veterans Council of Indian River  
Anthony Brown, Indian River County NAACP President  
Read and Presented by Commissioner Moss  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of June 06, 2023, and June 20,  
2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
6.A.  
Regular Meeting of June 06, 2023  
Approve  
Recommended Action:  
Attachments: 060623 BCC Draft  
Approved  
6.B.  
Regular Meeting of June 20, 2023  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Florida Public Service Commission Consummating Order No.  
PSC-2023-0197-CO-EQ. Petition for approval of renewable energy tariff and  
standard offer contract, by Florida Power & Light Company, is on file for review in  
the Office of the Clerk to the Board. (File ID: 23-0650)  
Recommended Action:  
Information Only  
No Action Taken or Required  
7.B.  
Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk  
of the Circuit Court prior to January 1, 2022, is on file in the Office of the Clerk to the  
Board.  
Recommended Action:  
Information Only  
No Action Taken or Required  
7.C. Note: Item 7.C. was moved to be heard as Item 11.C.  
7.D.  
Indian River County Venue Event Calendar Review  
No Board action required  
Recommended Action:  
Attachments: Event Calendar  
Chairman Earman encouraged residents to check out the many events at County  
venues this month.  
No Action Taken or Required  
7.E.  
2024 Holiday Schedule  
Recommended Action:  
None required. Informational only.  
Attachments: Staff Report  
Chairman Earman noted the County Holiday Schedule was published.  
No Action Taken or Required  
7.F.  
WeatherSTEM Phase 1 Extension of State-Funded Maintenance Costs  
Informational only. No action by the Board is necessary.  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
7.G.  
Route 60 Hyundai and The Chiarenza Agency Parks & Recreation Sponsorship  
No action by the Board is necessary, informational purposes only.  
Recommended Action:  
Attachments: Staff Report  
Chairman Earman thanked Route 60 Hyundai and the Chiarenza Agency for their  
one-year sponsorship of the Parks and Recreation Department in the amount of  
$24,000.  
No Action Taken or Required  
7.H.  
Notice of Extension to Contract for Construction of Required Roadway  
Improvements to 8th Street for Hampton Park PD (Re:  
Right-Of-Way Permit No. 2022010843)  
Attachments: Staff Report  
No Action Taken or Required  
7.I.  
Indian River County Draft Lagoon Management Plan Comment Period Update  
No action from the Board is required at this time  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Consent Agenda as amended, pulling Item 8.M. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.A.  
8.B.  
8.C.  
8.D.  
8.E.  
Checks and Electronic Payments June 30, 2023 to July 6, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of June 30, 2023 to July 6, 2023  
Approved  
Checks and Electronic Payments July 7, 2023 to July 13, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 7, 2023 to July 13, 2023  
Approved  
Checks and Electronic Payments July 14, 2023 to July 20, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 14, 2023 to July 20, 2023  
Approved  
Checks and Electronic Payments July 21, 2023 to July 27, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 21, 2023 to July 27, 2023  
Approved  
Checks and Electronic Payments July 28, 2023 to August 3, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 28, 2023 to August 3, 2023  
Approved  
8.F.  
Approval of Public Official Bond for Constitutional Officer - Ryan L. Butler  
Approve  
Recommended Action:  
Attachments: Clerk Memorandum  
Approved  
8.G.  
Agreement between PCP Tactical, LLC and The Board of County Commissioners  
Indian River County Florida  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners accept the  
Agreement with PCP Tactical, and authorize the Chairman to execute the Agreement  
upon receipt of the fully executed Third Amendment from Florida Fish & Wildlife  
Conservation Commission, and after review by the County Attorney for legal  
sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.H.  
Amendment No.1 to Work Order No. #2 for Carter Associates, Inc. for Design and  
Engineering Services for the Public Access Improvements on Sebastian Harbor  
Preserve Conservation Area.  
Recommended Action:  
Staff respectfully recommends that the Board approve Work Order No. 2,  
Amendment No.1 - Carter Associates, Inc., Continuing Engineering Services RFQ  
2018008, renewed April 6, 2021, for design and engineering services associated with  
Sebastian Harbor Preserve, authorizing the professional services as outlined in Exhibit  
A, and request the Board authorize the Chairman to execute Amendment No.1,  
Work Order No.2.  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
Florida Inland Navigation District Project Agreement Amendment for #IR-20-69  
(Jones’ Pier Museum Exhibits)  
Recommended Action:  
Staff respectfully recommends the Board accept the Project Agreement Amendment  
for #IR-20-69 Jones’ Pier Museum Exhibits, and authorize the Chairman to execute  
the Amendment after review and approval by the County Attorney.  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
Florida Inland Navigation District Project Agreement Amendment for #IR-21-71  
(Environmental Learning Center Dock Replacement)  
Recommended Action:  
Staff respectfully recommends the Board accept the Project Agreement Amendment  
for #IR-21-71 Environmental Learning Center Dock Replacement, and authorize the  
Chairman to execute the Amendment after review and approval by the County  
Attorney.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
Approval of Amendment 3 with the Florida Fish & Wildlife Conservation  
Commission (FWC) Contract No 00252  
Recommended Action:  
Staff respectfully recommends that the Board approve the FWC Contract No. 00252  
Amendment #3 and authorize the Chairman to execute the contract Amendment #3  
after review by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Modification to Subgrant Agreement Between the Division of Emergency  
Management and Indian River County for the Elevation of the Historic Jones  
(Contract Number H0566)  
Recommended Action:  
Staff respectfully recommends that the Chairman execute the Modified Subgrant  
Agreement between the FDEM and the County.  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Award of Bid 2023054 - Hosie Shumann Basketball Court Replacement  
Recommended Action:  
Staff recommends the Board award Bid 2023054 to Sport Surfaces, LLC, 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 the  
contractor has reactivated its registration with the Building Division.  
Attachments: Staff Report  
Resident Tom Sullivan requested discussion of this item to express concern over the  
bids for the basketball court replacement at Hosie Shumann Park. Mr. Sullivan sought  
to ensure that the bids, which seemed low in his opinion, reflected replacement and  
not just resurfacing of the courts. County Administrator John Titkanich offered  
assurance that the specifications called for removal of one court, and installation of  
two new basketball courts.  
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  
8.N.  
Waiver of Requirement for Bids for Vac-Con Hydro-Excavator Truck  
Recommended Action:  
Staff recommends the Board waive the requirement for bids and authorize the  
Purchasing Division to issue a purchase order in the amount of $574,958 to  
Vac-Con.  
Attachments: Staff Report  
Approved staff's recommendation  
8.O.  
Second Amendment to Supplemental Building Inspector Services Agreement with  
M.T. Causley, LLC  
Recommended Action:  
Staff recommends the Board approve the second amendment to the agreement with  
M.T. Causley, authorize the Chairman to execute it, after review and approval by the  
County Attorney as to form and legal sufficiency, and authorize the Purchasing  
Manager to execute any annual renewals that do not include a change to terms or  
rates.  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
Second Extension and Amendment to Agreement for Annual Beach Parks Mowing  
and Grounds Maintenance (Bid #2020036)  
Recommended Action:  
Staff recommends the Board approve the second extension and amendment to the  
agreement with J-Mac Cleaning Services, 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.Q.  
Miscellaneous Budget Amendment 07  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2022-2023 budget  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2023-047, amending the Fiscal  
Year 2022-2023 Budget.  
8.R.  
Designation of Excess Equipment as Surplus and Authorization for Disposal and  
Donation  
Recommended Action:  
Staff recommends the Board declare the items on the Excess List for 081523 Agenda  
as surplus, authorize their disposal or donation.  
Attachments: Staff Report  
Approved staff's recommendation  
8.S.  
Revision to Administrative Policy AM 1000.1 - Claim settlement authority  
Recommended Action:  
Approve the proposed revisions to Administrative Policy AM 1000.1 and authorize  
the County Administrator to sign the same for incorporation into the County  
Administrative Policy Manual.  
Attachments: Staff Report  
Approved staff's recommendation  
8.T.  
Rejection of Bids for 2023030 - Upper Floridan Aquifer South Well No. 1  
Replacement  
Recommended Action:  
Staff recommends the Board reject the responses to Bid 2023030, and authorize staff  
to re-advertise the work, as described.  
Attachments: Staff Report  
Approved staff's recommendation  
8.U.  
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  
Approved staff's recommendation  
8.V.  
Final Ranking of Firms and Authorization to Negotiate - RFQ 2023051 for  
Engineering and Biological Support Services for Sector 4 Dune  
Renourishment Project  
Recommended Action:  
Staff recommends the Board approve the Committee’s final ranking and  
authorize negotiations with the top ranked firm in accordance with FS  
287.055, and the subsequently ranked firms, should negotiations with the top  
ranked firm fail.  
Attachments: Staff Report  
Approved staff's recommendation  
8.W.  
Dish Network Cell Site Lease Amendment  
Recommended Action:  
Staff has coordinated with the County’s Telecommunications Tower Consultant, the  
County Attorney, and the Public Works Department on the contents of the  
amendment and survey drawings. Staff recommends that the Board approve the  
amendment and authorize the Chairman to execute the amendment and any associated  
documentation.  
Attachments: Staff Report  
Approved staff's recommendation  
8.X.  
First Amendment to TIGR Acquisitions III, LLC, Easement Agreement  
Recommended Action:  
Staff has coordinated with the County’s Telecommunications Tower Consultant, the  
County Attorney, and the Public Works Department on the contents of the  
amendment and survey drawings. Staff recommends that the Board approve the  
amendment and authorize the County Administrator to execute the amendment and  
any associated documentation.  
Attachments: Staff Report  
Approved staff's recommendation  
8.Y.  
Consideration of the Indian River County SHIP Program 2023 Annual Report  
Recommended Action:  
Staff recommends that the Board of County Commissioners: 1.) Approve the  
proposed SHIP 2023 annual report and authorize its formal submission to the Florida  
Housing Finance Corporation; and 2.) Authorize the Chairman to sign the proposed  
Certification form; and 3.) Authorize staff to make any minor reporting changes to  
the annual report and Certification form that may be requested by the Florida Housing  
Finance Corporation.  
Attachments: Staff Report  
Approved staff's recommendation  
8.Z.  
GRBK GHO North Beach, LLC’s Request for Final Plat Approval for a Subdivision  
to be known as Seaglass PD [PD-19-12-06 / 2004120424-92471]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for Seaglass PD.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AA.  
Acceptance and Approval of Expenditures for Emergency Management  
Preparedness Assistance (EMPA) State-Funded Subgrant Agreement (Agreement #  
A0370)  
Recommended Action:  
Staff recommends approval of the EMPA State-Funded Subgrant Agreement,  
associated expenditures, and authorization of the Chairman to execute this agreement  
between Indian River County Emergency Management and the State of Florida,  
Division of Emergency Management.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AB.  
Legal Services - Labor and Employment Matters  
Recommended Action:  
Staff respectfully recommends the Board of County Commissioners authorize the  
continuation of the engagement agreement with Fisher & Phillips to provide legal  
services for labor and employment matters.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AC.  
Approval of Blue Medicare Advantage Renewal  
Recommended Action:  
Staff recommends and respectfully requests that the Board approve the renewal of the  
Blue Medicare Advanced Platinum PPO plan effective October 1, 2023 through  
September 30, 2024 and authorize the Chairman to execute the renewal agreement  
Attachments: Staff Report  
Approved staff's recommendation  
8.AD.  
Approval of Renewal of County’s Stop Loss Policy with OptumHealth FY23/24  
Recommended Action:  
Staff recommends and respectfully requests that the Board approve staff’s  
recommendation to renew with OptumHealth for the 2023/2024 plan year with the  
current $300K ISL and $100K ASD at a 6% reduction in premiums, remove the  
aggregate stop loss coverage at a savings of $61,910, and authorize the Chairman to  
execute the application after review and approval by the County Attorney as to form  
and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AE.  
66th Avenue from 69th Street to CR-510/85th Street Amendment No. 11 -  
Kimley-Horn & Associates, Inc. (IRC-1505B)  
Recommended Action:  
Staff recommends approval of Amendment No. 11 to Kimley-Horn & Associates,  
Inc., and requests the Board authorize the Chairman to execute Amendment No. 11  
on their behalf for a not-to-exceed amount of $235,490.00.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AF.  
Amendment No. 1 to Work Order No. 8 Ecological Associates, Inc. HCP Sea  
Turtle Monitoring North and South County  
Recommended Action:  
The recommendation of staff is for the Board to approve Amendment No. 1 to Work  
Order No. 8 of the contract with Ecological Associates, Inc. in the amount of  
$8,409.50, and authorize the Chairman to sign on behalf of the County  
Attachments: Staff Report  
Approved staff's recommendation  
8.AG.  
Approval of Extension to Memorandum of Understanding between Humane Society  
of Vero Beach & Indian River County Florida Inc. and the Indian River County  
Board of County Commissioners  
Recommended Action:  
Staff is recommending the Board approve and execute the Extension to the  
Memorandum of Understanding for Animal Shelter Services between the Humane  
Society of Vero Beach & Indian River County Florida and Indian River County  
Board of County Commissioners.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AH.  
Request from National Health Transport, Inc. for a Class "B" Certificate of Public  
Convenience and Necessity to Provide Non-Emergency Ambulance Inter-Facility  
transports Originating from Indian River County  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Class "B"  
Certificate Renewal to National Health Transport, Inc. to be effective for a period of  
two (2) years from August 18, 2023 to August 17, 2025.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AI.  
Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice  
Voucher Program  
Recommended Action:  
Staff recommends the Board approve the resolution setting the Fair Market Rental  
Rates for Fiscal Year 2024 and authorize the Chairman to execute the resolution on  
behalf of the Board.  
Attachments: Staff Report  
Deleted  
8.AJ.  
Approval of Resolution Establishing Utility Rates for Housing Choice Voucher  
Program for Federal Fiscal Year 2024  
Recommended Action:  
Staff recommends the Board approve the utility rate resolution for Fiscal Year 2024  
and authorize the Chairman to execute the resolution on behalf of the Board.  
Attachments: Staff Report  
Deleted  
8.AK.  
Request to move forward with Voluntary Dismissal of Claim against Suncor Ft.  
Pierce, LLC.  
Recommended Action:  
Staff recommends the Board authorize staff to move forward in the filing of a Notice  
of Voluntary Dismissal for the above-named injunction.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AL.  
Resolution Cancelling Taxes - Purchased from Willie James Cobb  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel certain taxes upon the property purchased by or donated to  
Indian River County for a public purpose, and the Clerk to send a certified copy of  
the Resolution to the Tax Collector and the Property Appraiser so that any delinquent  
or current taxes can be cancelled.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2023-048, cancelling certain  
taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
8.AM.  
Contract for Deputy County Attorney Susan Prado  
Recommended Action:  
The County Attorney recommends that the Board of County Commissioners approve  
the attached Employment Agreement with the Deputy County Attorney and authorize  
the County Attorney to sign the Agreement.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AN.  
Approval of Medical Examiners Building Ground Lease  
Recommended Action:  
Staff recommends that the Board approves the ground lease for the new medical  
examiners building on the campus of Indian River State College and authorize the  
chairman to execute the lease on its behalf.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AO.  
Work Order No. 2 to Bowman Consulting Group, LTD., for West Wabasso Septic  
to Sewer Phase 3A Construction Phase Services  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Work Order No. 2  
to Bowman Consulting Group, LTD., in the amount of $75,000.00 to provide  
construction phase services and authorize the Chairman to execute and sign on their  
behalf. 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 Bowman Consulting, LTD., after  
review and approval by the Purchasing Manager and the County Attorney’s Office  
Attachments: Staff Report  
Approved staff's recommendation  
8.AP.  
Payment for Replacement of Backflow Device and Installation of Protective Cage at  
Gifford Youth Achievement Center  
Recommended Action:  
Indian River County Department of Utility Services requests the Indian River County  
Board of County Commissioners approve the transfer of $2,782.93 from Indian  
River County’s General Fund/GYAC/Renewal and Replacement Account  
001-247021 to the expense account of General Fund/Facilities Management/Other  
Contractual Services /GYAC, Account 00122019-033490-21023  
Attachments: Staff Report  
Approved staff's recommendation  
8.AQ.  
Amendment 2 to Kimley-Horn Work Order No.15 - Ixora Park Sewer  
Rehabilitation  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Amendment 2  
to Kimley-Horn and Associates, Inc. Work Order No. 15 in the amount of  
$31,254.00 to cover additional Indian River County Department of Utility Services’  
requested changes for the Ixora Park Sewer Rehabilitation, 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  
Approved staff's recommendation  
8.AR.  
Termination of Reclaimed Water Agreement with John’s Island Water Management  
Recommended Action:  
Indian River County Department of Utility Services recommends the Indian River  
County Board of County Commissioners approve the “Termination of Agreement for  
the Delivery of Reclaimed Water Between Indian River County, Florida, and John’s  
Island Water Management, Inc.” and authorize the Chairman to sign on their behalf  
Attachments: Staff Report  
Approved staff's recommendation  
8.AS.  
Application for Florida Recreation Development Assistance Program (FRDAP) Grant  
for West Wabasso Park Playground  
Recommended Action:  
Staff respectfully recommends the Board of County Commissioners approve staff’s  
submission of a FRDAP Grant application as outlined above and authorize staff to  
execute any necessary grant submission documents for the application to the Florida  
Department of Environmental Protection in an amount of $50,000.  
Attachments: Staff Report  
Approved staff's recommendation  
8.AT.  
Indian River County Code Chapter 309, Fair Housing - Annual Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Supervisor of Elections Leslie Rossway Swan re: Approval to Trade In EViD  
Compact Units for the EViD Edge Model  
Recommended Action:  
Discussion and Consideration of Request  
Supervisor of Elections Leslie R. Swan sought approval to utilize funds to upgrade the  
electronic poll books to the EVID Edge model which was compatible with  
ballot-on-demand printers planned for use in the November 7, 2023 Municipal  
elections. The existing poll books would be traded-in.  
A motion was made by Vice Chairman Adams, seconded by Chairman Earman,  
to approve the Supervisor of Elections request to upgrade the Department's  
electronic poll books to the latest model. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
9.B.  
Indian River County Sheriff Eric Flowers re: FY23 Auction Proceeds  
Discussion  
Recommended Action:  
Indian River County Sheriff Eric Flowers sought approval to use net proceeds from  
the online auction of surplus property in the amount of $183,653.23 for the purchase  
of new, like-kind property.  
A motion was made by Commissioner Loar, seconded by Vice Chairman Adams,  
to approve the Sheriff's request to use net proceeds from the auction of surplus  
property and vehicles to purchase new, like-kind property. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
9.C.  
23-0747  
Property Appraiser's OfficeTRIM notice notification  
Information Only  
Recommended Action:  
Indian River County Property Appraiser Wesley Davis advised the public that TRIM  
(Truth in Millage) notices had been mailed, and urged homeowners to review their  
property values and exemptions for accuracy. He noted the deadline to contact the  
Property Appraiser's Office for corrections was September 5, 2023. TRIM notices  
could also be obtained on the website at ircpa.org.  
No Action Taken or Required  
9.D.  
Oslo Cemetery  
Discussion  
Recommended Action:  
Vice Chairman Adams sought the Board's approval for Mr. Ron Meadows to secure  
burial plots for himself and his immediate family at the Oslo Cemetery. The Vice  
Chairman explained that policies for the cemetery had not been finalized because a  
survey still needed to be completed. According to interim policies, Mr. Meadows and  
his family were entitled to burial rights at Oslo because Mr. Meadows' twin brother  
was buried there, qualifying them as a pioneer family.  
County Attorney Bill DeBraal referred Mr. Meadows to Deputy County Attorney  
Susan Prado for assistance.  
Mr. Meadows spoke before the Board in support of his request. He also requested  
the placement of plot markers to define the family's space and to prevent inadvertent  
usage of the plots.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to approve creation of an interim policy regarding the Oslo Cemetery to  
allow Mr. Ron Meadows to secure six (6) burial plots for him and his family,  
including the addition of corner markers to designate his family's plots. 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 THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
10.A.1.  
Public Hearing to Adopt SWDD Rate Resolution 2023-001 (Legislative)  
Recommended Action:  
Staff recommends that the Solid Waste Disposal District Board hold a Public  
Hearing to amend Attachment 1 and Attachment 2 and approve Rate Resolution  
2023-001  
Attachments: Staff Report  
Director of Utility Services Sean Lieske presented the Resolution to memorialize  
new Solid Waste Disposal District rates which had been previously approved by  
the Board at the April 4, 2023 meeting. Mr. Lieske noted the Resolution also  
included rates for crushed concrete.  
The Chairman opened the public hearing for comments. There being none, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendation and SWDD Resolution 2023-001,  
modifying the schedule of Waste Generation Units and the Schedule of Rates  
and Fees of the Solid Waste Disposal District of 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  
10.B.1.  
Public Discussion Request from SCLCIRC-GEMPO, M. Wright re: The  
Gentrification of Gifford  
Recommended Action:  
No action required  
Speaker not present  
No Action Taken or Required  
10.B.2.  
Public Discussion Request from SCLCIRC-GEMPO, D. Jennings re: The  
Gentrification of Gifford  
Recommended Action:  
No action required  
Speaker not present  
No Action Taken or Required  
10.B.3.  
Public Discussion Request from SCLCIRC-GEMPO, W. Crawford re: The  
Gentrification of Gifford  
Recommended Action:  
No action required  
[Note: Terry Booty, President, Urban Farmer's Inc., spoke in place of M.  
Wright]  
Terry Booty spoke on behalf of the SCLC (Southern Christian Leadership  
Conference) to help create opportunities for people of color in this region through  
affordable housing. In conjunction with subsidized housing, Mr. Booty discussed  
the importance of allowing people to participate in the economic cycle to ensure a  
better future. He appealed to the Board to take a closer look at procurement  
standards for those entities receiving SHIP (State Housing Initiatives Partnership)  
funds, and requested inclusion for local residents with jobs that would help  
provide a bridge to success.  
No Action Taken or Required  
10.B.4.  
Public Discussion Request from SCLCIRC-GEMPO, E. Holmes re: The  
Gentrification of Gifford  
Recommended Action:  
No action required  
Edward Holmes discussed the available pool of skilled labor in the Gifford  
community, where several construction projects were planned, and advocated for  
providing jobs to local construction tradespeople. He noted the disparity in  
income between Gifford and the rest of affluent Indian River County, and  
requested inclusion and support from the Board by providing job opportunities for  
the betterment of its residents.  
No Action Taken or Required  
10.B.5.  
Public Discussion Request from SCLCIRC-GEMPO, A. Stewart re: The  
Gentrification of Gifford  
Recommended Action:  
No action required  
Anthony Stewart provided packets of information to the Board regarding his  
discussion of the gentrification of Gifford. Mr. Stewart referenced the book, The  
Injustice of Place, as he talked about the history of neglect, crime, and poverty  
in Gifford, and the connection to the upcoming redevelopment. Mr. Stewart  
mentioned the example of Vero Village, a community planned to be built in  
Gifford, which set aside less than 1/3 of the units as affordable housing, and would  
not provide jobs to local residents. He advocated for providing more job  
opportunities to help residents help themselves out of poverty.  
No Action Taken or Required  
10.B.6.  
Public Discussion Request from SCLCIRC-GEMPO, J.B. Jennings re: The  
Gentrification of Gifford  
Recommended Action:  
No action required  
J. Blayne Jennings appeared before the Board to discuss an affordable housing  
project planned for construction in Gifford. He requested the Board consider  
hiring local residents to construct the housing project in order to support the  
community by providing jobs.  
No Action Taken or Required  
10.B.7.  
Public Discussion Request from Miss B's Learning Bees re: Fees for Renting IG  
Center  
Recommended Action:  
No Action Required  
Mrs. B's Learning Bees CEO Latoya Bullard recounted the growth of the Mrs.  
B's program (the Program), which provided after school tutoring for underserved  
children in the County. She informed that her organization had been paying  
$35,000 per year to rent rooms at the County's iG Center, and with their recent  
expansion, the cost to use the iG Center had increased to $50,000 per year. She  
requested the Board's assistance with the fee increase.  
Sara Smith, volunteer with Mrs.B's Learning Bees, advocated for the Program's  
results and requested the board's assistance on the program's behalf.  
Chairman Earman suggested Director of Parks and Recreation Beth Powell may  
be able to assist. Deputy County Administrator Mike Zito informed the Board  
that the Program was already the recipient of a 25% non-profit agency discount,  
as well as an extra Board-approved 25% discount.  
Vice Chairman Adams discussed the standing policy that public discussion items  
were not actionable, and if a Commissioner wished to bring the item back before  
the Board they could.  
No Action Taken or Required  
The Chairman called a recess at 10:50 a.m., and reconvened the meeting at 11:00  
a.m., with all members present.  
10.B.8.  
Public Discussion Request from Dr. Miles Conway, President of the South Beach  
Property Owners Inc. re: State of Florida Proposed Legislation to Preempt to the  
State Indian River County Authority to Regulate Rentals  
Recommended Action:  
No action required  
Dr. Miles Conway, President, South Beach Property Owners, Inc. (SBPO),  
appeared before the Board to discuss the rules regarding short term rentals in the  
County. Mr. Conway warned that planned fees and restrictions on short-term rentals  
would nullify the protection of home-rule and would cause the County to have their  
ability to regulate the industry removed. He requested the Board orchestrate a  
lobbying effort, led by Commissioner Loar, to avoid preemption and preserve home  
rule.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
10.C.1.  
Public Notice of Public Hearing for August 29, 2023, to Consider an Ordinance  
Concerning Fines For Vacation Rental Violations  
Attachments: Staff Report  
County Administrator John Titkanich requested withdrawal of the Ordinance in  
light of the proposed State legislature bill which threatened to preempt home rule  
and limit County regulations regarding short-term rentals. Chairman Earman  
agreed the matter deserved further consideration in light of the legislative climate.  
Administrator Titkanich discussed the existing fee schedule and posited there may  
be room to enhance fees without resorting to enhanced fines as described in the  
Ordinance. County Attorney Bill DeBraal expressed his support for a  
wait-and-see approach with regard to the legislature. Commissioner Flescher  
noted the County's policies have brought additional scrutiny, and the County  
should be prepared to defend home rule.  
Dr. Miles Conway suggested following the rules in place to revoke licenses as a  
means of censure against rentals which violated County regulations. The Board  
and staff discussed the pros and cons of this process.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve the deletion of the Public Hearing from the August 29,  
2023 Agenda, and to approve tabling the Ordinance. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
10.C.2.  
Public Notice of Public Hearing for August 29, 2023, to Consider an Ordinance  
Imposing An Additional Cent of Tourist Development Taxes and Reallocating the  
Authorized Uses of Tourist Development Tax Revenue  
Attachments: Staff Report  
County Attorney Bill DeBraal read the public notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
First Amendment to the Collective Bargaining Agreement between Indian River  
County and Teamsters, Local Union No. 769 - FY23/24 General Wage Increase  
Recommended Action:  
Staff respectfully recommends approval of general wage increase of $1.25 per hour  
or 6%, whichever is greater, for employees represented by the Teamsters, Local  
Union No. 769 effective the first full pay period in October 2023 and requests the  
Board authorize its Chairman to sign the first amendment to Article 33 - Wages of the  
collective bargaining agreement providing for the general wage increase.  
Attachments: Staff Report  
County Administrator John Titkanich reviewed details of the First Amendment to the  
Collective Bargaining Agreement between the County and Teamsters Local Union  
No. 769. He requested the Board's approval of the negotiated wage increase.  
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  
11.B.  
Memorandum of Agreement between Indian River County/Indian River County  
Emergency Services District and IAFF, Local Union No. 2201 - FY2023/24  
Providing General Wage Increase and Returning to Average Pay  
Recommended Action:  
Staff respectfully recommends approval of the Memorandum of Agreement to  
provide for a 6% general wage increase for employees represented by the IAFF,  
Local Union No. 2201 effective the first full pay period in October 2023 and return to  
payment of an average biweekly wage to fire certified shift employees, and authorize  
its Chairman to sign the Memorandum of Agreement.  
Attachments: Staff Report  
County Administrator John Titkanich reviewed details of the Memorandum of  
Agreement between the Indian River County Emergency Services District and IAFF,  
Local Union No. 2201. He requested the Board's approval of the negotiated wage  
increase, and returning to providing an average biweekly wage.  
Commissioner Loar received clarification from Administrator Titkanich regarding the  
variable pay rate which was dependent upon the number of Kelly days (additional  
days off).  
Deputy County Administrator Mike Zito thanked staff for their assistance and noted  
the paperwork included in the backup did not have a signature block for the  
Chairman; it would be added before final execution of the document.  
Christen Brewer, Union President, and Emergency Services District Director David  
Johnson thanked the Board for their support.  
Chairman Earman thanked staff on both sides of the negotiating table for smoothly  
reaching an agreement.  
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  
11.C.  
3rd Quarter FY 2022/2023 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
[Clerk's note: This Item was heard following Item 12.G1.]  
County Administrator John Titkanich sought to inform the Board of trends reflected in  
the quarterly budget report. He noted that while general fund revenue was up, there  
were important declines in traffic impact fees, building department revenues, and  
housing starts. These statistics aligned with economic forecasts for slowdowns in  
growth, and Administrator Titkanich wanted the Board and the public to be aware.  
Commissioner Loar echoed the Administrator's words, and noted the same warning  
was discussed during the County's Budget Workshop meeting on July 12, 2023.  
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  
G. Public Works  
12.G.1.  
CR-510 FDOT Widening Concept - Possible Closure of Existing Old Dixie  
Railway Crossing  
Recommended Action:  
Staff is requesting direction from the Board on the possibility of closing the FEC  
railway crossing on Old Dixie Highway to accommodate the widening project for  
CR-510  
Attachments: Staff Report  
Public Works Director Richard Szpyrka appeared before the Board to discuss a  
Project Development and Environmental (PD&E) study the Florida Department  
of Transportation (FDOT) was conducting as part of the plan to widen CR-510  
to four lanes from 58th Avenue to east of US-1. At issue was the Florida East  
Coast (FEC) railroad crossing at CR-510 and US-1 and FEC's policy that when  
lanes are added to a crossing, those lanes must be compensated for by closing  
another crossing in the general area.  
The FDOT suggested closing a nearby crossing where the FEC railroad crossed  
Old Dixie Highway in order to compensate for the CR-510 widening, as shown in  
presented photographs. Mr. Szpyrka showed that Old Dixie Highway south of  
the railway crossing was narrow and in disrepair. Staff sought direction from the  
Board on the possibility of closing this railway crossing.  
Commissioner Loar was informed by Mr. Szpyrka that the County could give up  
their rights to FEC and the FEC would close the crossing; similar compensations  
had been made previously. In response to Commissioner Flescher, Mr. Szpyrka  
suggested the closure would benefit area development because the County  
gained an expanded intersection at CR-510 and US-1 in exchange for closing the  
south segment of Old Dixie Highway, which was unsuitable for heavy traffic. He  
mentioned unresolved negotiations with the Spirit of Sebastian Development,  
which wanted full access to that stretch of Old Dixie Highway, and the County  
which maintained safety concerns.  
Mr. Szpyrka also noted there were limited crossings available to satisfy the FEC's  
rule, and closing this low volume road segment would impact the County the least.  
Commissioner Moss was informed this stretch of Old Dixie Highway was not on  
the County's CIE list for widening. County Administrator Titkanich discussed the  
details of road closure procedures with Mr. Szpyrka.  
Karen Mechling, representing the developers of the Spirit of Sebastian, stated the  
developer would like to be part of the process in deciding the future of Old Dixie  
Highway moving forward.  
Brian Benton, Sebastian Interim City Manager, supported the closure and sought  
to ensure the City was kept in the loop regarding future development.  
Joseph Paladin, President, Black Swan Consulting, expressed support for the  
County's recommendation.  
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  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
B. Commissioner Susan Adams, Vice Chairman  
Note: Item 14.B. was moved to be heard as Item 9.D.  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
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.  
A. Emergency Services District  
B. Solid Waste Disposal District  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Solid Waste Disposal District Meeting Minutes of June  
6, 2023, and June 20, 2023 as written. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
15.B.1.  
Approval of the Solid Waste Disposal District Meeting Minutes of July 06, 2023  
Approve  
Recommended Action:  
Approved  
15.B.2.  
Approval of the Solid Waste Disposal District Meeting Minutes of June 20, 2023  
Approve  
Recommended Action:  
Approved  
15.B.3.  
Agreement with Kessler Consulting for Landfill and Customer Convenience  
Centers Procurement Assistance and Contract Extension Request with Republic  
Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board waive the  
requirement for bids, approve the sample agreement, and authorize the Chairman  
to sign it after review and approval by the County Attorney as to form and legal  
sufficiency. Staff is also seeking input from the Board on the granting of a  
nine-month extension to Republic Services at a 7% increase in current rate  
Attachments: Staff Report  
Director of Utility Services Sean Lieske presented the Board with two items  
related to the maintenance and operation (O&M) agreement with Republic  
Services of Florida for the County's landfill and landfill gas system. The first was  
regarding a sample agreement with Kessler Consulting, Inc. (KCI) for their  
assistance in the procurement process for landfill O&M. Mr. Lieske noted that  
the County was currently contracted with Republic Services of Florida (Republic)  
through December 31, 2024. Staff looked to start the procurement process early  
to allow for any changes.  
The second item, Mr. Lieske informed, was a request to enter into an agreement  
with Republic to extend their contract by nine months to September 30, 2025,  
with a 7% rate increase for those months; this would align the contract with the  
County's fiscal year-end.  
Fulton Smith, General Manager, Republic Services, was present should the Board  
have any questions.  
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  
15.B.4.  
Renewal with Tiger Inc for Sale and Purchase of Natural Gas  
Recommended Action:  
Staff recommends approval from the Solid Waste Disposal District Board to  
approve the Transaction Confirmation #2 with Tiger, Inc. for Sale and Purchase  
of Natural Gas, and authorize the Chairman to sign the necessary documents to  
effectuate the approval  
Attachments: Staff Report  
Director of Utility Services Sean Lieske presented a contract extension with  
Tiger, Inc. for the sale and purchase of natural gas utilized by the Indian River  
Sustainability Center, LLC for the leachate evaporation project. Mr. Lieske  
explained the County had hoped to utilize the natural gas produced by the landfill,  
however, that process was still being improved to reach required output. The  
contract would extend the agreement seven months to February 29, 2024, at an  
estimated cost of $45,000 per month.  
Commissioner Loar received information regarding the variability in natural gas  
costs, as Mr. Lieske noted the price would be fixed to the market rate at the time  
of contract execution.  
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  
15.B.5.  
Amendment No. 4 to Sitecrafters of Florida  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Amendment No. 4 to Sitecrafters of Florida, Inc., and authorize the Chairman to  
sign the agreement after review and approval by the County Attorney as to form  
and legal sufficiency  
Attachments: Staff Report  
Utility Services Director Sean Lieske presented Amendment No. 4 to the  
Agreement with Sitecrafters of Florida, a contractor who crushes concrete on-site  
at the landfill. Mr. Lieske informed the Solid Waste Disposal District (SWDD)  
was looking into potentially selling the crushed concrete to the open market.  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:06 p.m.