Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.indianriver.gov  
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 29, 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  
Reverend Crystal Bujol, Gifford Youth Orchestra  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph E. Flescher  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Commissioner Flescher moved to delete Item 14.E.1; each Commissioner weighed in  
on the matter, deciding to refer it back to the Children's Services Advisory Committee  
(CSAC) for discussion at their regular meeting.  
A motion was made by Commissioner Flescher, seconded by Chairman Earman,  
to delete Item 14.E.1. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, and  
Commissioner Loar  
1 - Commissioner Moss  
In addition, the following changes were made to the Agenda:  
Deleted: Item 8.H.  
Moved: Item 14.A.1 after Consent  
A motion was made by Commissioner Flescher, seconded by Chairman Earman,  
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  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
23-0770  
7.A.  
Proclamation Honoring Kevin Ivers-Osthus on his Retirement from Indian River  
County Board of County Commissioners, Department of Utility Services  
Recommended Action:  
For informational purposes only - no action required  
Attachments: Staff Report  
Chairman Earman acknowledged the retirement of Kevin Ivers-Osthus from the  
Indian River County Department of Utility Services.  
The Director of Utility Services, Sean Lieske, stated that Kevin served in the Utilities  
Department for almost 30 years and made significant contributions to the field of GIS.  
The maps that were currently available on the County website had been developed by  
him and were frequently used by staff. Kevin took great pride in his work and put in a  
lot of effort to get them to where they are today. The department was saddened to  
see him leave as he was a valuable asset to the department.  
No Action Taken or Required  
23-0769  
7.B.  
SWDD Closures and Collection Service Changes for Labor Day  
For informational purposes only - no action required  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
23-0775  
7.C.  
Florida Public Service Commission Consummating Order No.  
PSC-2023-0253-TRF-EI, Petition for approval of revisions to underground  
residential tariffs, underground commercial differential tariffs, and overhead to  
underground conversion tariff for Florida Power & Light Company, is on file for  
review in the Office of the Clerk to the Board.  
Recommended Action:  
Informational Item  
No Action Taken or Required  
23-0778  
7.D.  
Dismissal of Request to Amend Vacation Rental Fine Ordinance  
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, deleting Item 8.H. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
23-0743  
8.A.  
8.B.  
8.C.  
Checks and Electronic Payments August 4, 2023 to August 10, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of August 4, 2023 to August 10, 2023  
Attachments: Comptroller Division Staff Report  
Approved  
23-0766  
Checks and Electronic Payments August 11, 2023 to August 17, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of August 11, 2023 to August 17, 2023  
Attachments: Comptroller Division Staff Report  
Approved  
23-0694  
Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-0696  
8.D.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 06/30/23  
Recommended Action:  
Accept the report  
Attachments: Comptroller Division Staff Report  
Accepted  
23-0763  
8.E.  
Quarterly OPEB Trust Report for the Quarter Ending 06/30/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-0764  
8.F.  
Quarterly Investment Report for the Quarter Ending 06/30/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-0765  
8.G.  
8.H.  
County Capital Asset Inventories  
Recommended Action:  
Approve the removal of assets from the inventory system  
Attachments: Comptroller Division Staff Report  
Approved  
23-0777  
Indian River County Grant Contract Subrecipient Awards  
Recommended Action:  
Approve the agreement with the Treasure Coast Homeless Services Council and  
execute any related documents  
Attachments: Comptroller Division Staff Report  
TCHSC Subrecipient Agreement 2023  
Deleted  
23-0676  
8.I.  
First Extension and Amendment to Agreement for Real Estate Broker Services (RFP  
#2021011)  
Recommended Action:  
Staff recommends the Board approve the first extension and amendment to the  
agreement with Collier International Florida, LLC, and authorize the Chairman to  
execute it after the County Attorney has approved it as to form and legal sufficiency.  
Attachments: Staff Report  
2021011 - First Extension and Amendment  
Approved staff's recommendation  
23-0680  
8.J.  
Sole Source Designation  
Recommended Action:  
Staff recommends the Board of County Commissioners declare E.H. Wachs as the  
sole source for Utility valve maintenance equipment, for a three-year period, and  
authorize the Purchasing Division to issue purchase orders in lieu of formal bids or  
quotes, and as funding is approved by the Budget Department.  
Attachments: Staff Report  
Approved staff's recommendation  
23-0739  
8.K.  
Approval of Agreement for Ambulance Billing and Coding Services with EMS|MC  
Recommended Action:  
Staff recommends the Board approve the agreement and authorize the Chairman to  
execute it, after review and approval by the County Attorney as to form and legal  
sufficiency.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
23-0740  
8.L.  
Award of RFP 2023053 for Other Post Employment Benefits Actuary Services  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award the RFP to  
Gabriel, Roeder, Smith & Company, approve the agreement, and authorize the  
Chairman to execute it, after review and approval by the County Attorney as to form  
and legal sufficiency.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
23-0741  
8.M.  
Award of RFP 2023042 for Parks and Recreation Master Plan  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award the RFP to  
PROS Consulting, Inc., approve the agreement, and authorize the Chairman to  
execute it, after review and approval by the County Attorney as to form and legal  
sufficiency, and after receipt and approval of the required insurance by the Risk  
Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
23-0707  
8.N.  
Amendment No. 1 to APTIM Work Order No. 2018006-14, Sector 3 Beach and  
Dune Restoration Project (IRC1925) Post Construction Environmental Monitoring  
Recommended Action:  
Staff recommends the BCC authorize Amendment No. 1 to Work Order No.  
2018006-14 in the total lump sum amount of $26,799.83. Additionally, staff  
recommends the BCC authorize the Chairman to execute Amendment No. 1 to Work  
Order No. 2018006-14  
Attachments: Staff Report  
WO 2018006-14 Amendment No 1  
WO 2018006-14 Amendment No 1 Execution  
Approved staff's recommendation  
23-0751  
8.O.  
Approval of Agreement with Coastal Tech for Design and Permitting for Sector 4  
Dune Restoration  
Recommended Action:  
Staff recommends the Board approve the agreement and Work Order 1, and  
authorize the Chairman to execute both documents, after review and approval by the  
County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Agreement  
Work Order #1  
Approved staff's recommendation  
23-0755  
8.P.  
Award of Bid No. 2023052 Information Technology Security Upgrades (Clerk of  
Courts), IRC-2206  
Recommended Action:  
Staff recommends the project be awarded to Don Hinkle Construction, Inc. in the  
amount of $49,842.72. Staff further recommends the Board approve the sample  
agreement and authorize the Chairman to execute said agreement after review and  
approval of both the agreement and required Public Construction Bond by the County  
Attorney as to form and legal sufficiency, and the receipt and approval of required  
insurance by the Risk Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
23-0756  
8.Q.  
Work Order No. 1, MBV Engineering, Inc. 11th Drive and 37th Street Intersection  
Improvements, IRC-2001  
Recommended Action:  
Staff recommends approval of Work Order No. 1 to MBV Engineering, Inc.,  
authorizing the professional services as outlined in the Scope of Work and requests  
the Board authorize the Chairman to execute Work Order No. 1 on their behalf for a  
not to exceed amount of $87,955.00.  
Attachments: Staff Report  
Work Order No. 1  
Approved staff's recommendation  
23-0757  
8.R.  
Purchase of Mitigation Credits for IRC Public Shooting Range Sporting Clays  
Course, IRC-1847  
Recommended Action:  
Staff recommends approval of purchasing 0.50 palustrine emergent wetland credits  
from the Basin 22 Mitigation Bank in the amount of $125,000.00 for offsetting the  
proposed wetland impacts to the project area as outlined in the Agreement and  
requests the Board authorize the Chairman to execute the Agreement on their behalf.  
Attachments: Staff Report  
Credit Reservation & Purchase Agreement  
FDEP Permit  
Approved staff's recommendation  
23-0758  
8.S.  
Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No.  
2018029-12, Year 3 Post-Construction Engineering Monitoring Report  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018029-12 in the total lump  
sum amount of $25,598.00. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018029-12  
Attachments: Staff Report  
Work Order  
Agreement Execution  
Approved staff's recommendation  
23-0760  
8.T.  
Award of Bid No. 2023049 Information Technology Office & Finance Office  
Remodel, IRC-2004 & 2205  
Recommended Action:  
Staff recommends the project be awarded to Jim’s Complete Construction, Inc. in the  
amount of $241,050.00. Staff further recommends the Board approve the sample  
agreement and authorize the Chairman to execute said agreement after review and  
approval of both the agreement and required Public Construction Bond by the County  
Attorney as to form and legal sufficiency, and the receipt and approval of required  
insurance by the Risk Manager, and after the Contractor has become actively  
registered with the Building Division.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
23-0762  
8.U.  
Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No.  
2018006-16, Year 1 Post-Construction Engineering Monitoring Report  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018006-16 in the total lump  
sum amount of $27,818.00. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018006-16  
Attachments: Staff Report  
Work Order No 2018006-16  
WO No 2018006-16 Agreement Execution  
Approved staff's recommendation  
23-0738  
8.V.  
8.W.  
8.X.  
Memorandum of Agreement CBA 2022-2025 Article 18.07 Promotion of Lieutenant  
Fire Inspector  
Recommended Action:  
Staff recommends that the Board authorize approval of amended Article 18.07.  
Attachments: Staff Report  
Fire Inspectors MOA  
Approved staff's recommendation  
23-0742  
Memorandum of Agreement CBA 2022-2025 Article 33.07 Rescue Sergeant  
Special Operations Incentive Pay  
Recommended Action:  
Staff recommends that the Board authorize approval of amended Article 33.07  
Attachments: Staff Report  
MOA Rescue Sergeant  
Approved staff's recommendation  
23-0748  
Renewal of a cost-share agreement with the St. Johns River Water Management  
District for abandoned artesian well plugging  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the cost-share  
agreement with SJRWMD to plug abandoned flow wells, and authorize the Board  
Chairman to execute the agreement.  
Attachments: Staff Report  
SJRWMD cost-share agreement  
Approved staff's recommendation  
23-0749  
8.Y.  
Public Transportation Grant Agreement (PTGA) with the Florida Department of  
Transportation (FDOT) for Intercounty Bus Service  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the attached  
Public Transportation Grant Agreement and adopt the proposed resolution authorizing  
the Chairman to sign the agreement.  
Attachments: Staff Report  
Grant Agreement  
Authorizing Resolution  
Grant Budget Form  
Approved staff's recommendation and Resolution 2023-048, authorizing the  
execution of a Public Transportation Grant agreement with the Florida  
Department of Transportation (FDOT).  
23-0750  
8.Z.  
Indian River County Library State Aid to Libraries Grants  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve the  
Indian River County Library System State Aid Grant Agreement, Certification of  
Hours, and Annual Plan and authorize the Chairman to sign and return the State Aid  
Grant Agreement and Certification of Hours for FY 2023-24 to the Library Services  
Director to be forwarded to the appropriate State Library Staff.  
Attachments: Staff Report  
State Aid To Libraries Grant Agreement  
Certification of Hours  
Library System Annual Plan of Service 2023-2024  
Approved staff's recommendation  
23-0768  
8.AA.  
Amendment to HUD Continuum of Care (CoC) Grant Agreements -  
FL0116L4H092215 - HMIS Coordinated Entry and FL0418L4H092210 - Data  
Quality  
Recommended Action:  
Staff recommends the Board acknowledge the amendment to the two HUD grants  
and authorize Chairman to execute each individual Amendment to the Continuum of  
Care Grant Agreement.  
Attachments: Staff Report  
Amendment to FL0116L4H092215  
Amendment to FL0418L4H092210  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
23-0745  
10.A.1.  
Public Hearing to Consider an Ordinance Imposing an Additional Cent of Tourist  
Development Taxes and Reallocating the Authorized Uses of Tourist  
Development Tax Revenue (Legislative)  
Recommended Action:  
Staff recommends the Board approve the proposed ordinance imposing an  
additional cent of Tourist Development Taxes and reallocating the authorized uses  
of Tourist Development Tax revenue.  
Attachments: Staff Report  
Ordinance  
Director of Management and Budget Kristin Daniels stated on July 11, 2023, the  
Board approved a one-cent increase in Tourist Development Tax, and the  
Ordinance before the Board today memorialized that decision.  
The Chairman opened the Public Hearing.  
Ben Earman, the Director of Marketing at the Indian River Chamber of  
Commerce, expressed his appreciation for the Ordinance that aims to provide  
renourishment to the beaches and boost the tourism industry. He stated the  
Chamber was currently doing a lot to promote tourism, and this initiative would  
enable them to do even more. The beaches play a vital role in bringing the  
community together and attracting visitors.  
Indian River Chamber of Commerce President Dori Stone stated that the Indian  
River Chamber of Commerce's Board of Directors fully supported the beach  
renourishment project. It benefited the community by reducing the burden on  
taxpayers and provided more opportunities to promote Indian River County to  
the world. The Chamber appreciated the Board's efforts in bringing this project  
forward.  
There were no additional speakers; the Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to approve staff's recommendation and adopt Ordinance 2023-012,  
amending Section 210.01 (Taxing District and Levy) and Section 210.03  
(Authorized Uses of Revenue) of Chapter 210 (Tourist Development Tax) of the  
Code of Indian River County, Florida in order to impose an additional cent of  
Tourist Development Taxes and reallocate the authorized uses of the Tourist  
Development Tax revenue; and providing for codification, severability,  
repeal of conflicting provisions, and an effective date. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
[Clerks note: Vice Chairman Susan Adams exited the meeting at 9:20 am]  
B. PUBLIC DISCUSSION ITEMS  
23-0774  
10.B.1.  
Public Discussion Request from J. Naclerio re: ECHB Hearing Board Fine  
No action required  
Recommended Action:  
Attachments: Public Discussion Request J.Naclerio  
ECHB Order  
Chairman Earman as a reminder stated the Chamber that this was a public  
discussion item and that the Commission usually takes no action unless a  
Commissioner wishes to bring it back at a later Board meeting.  
John Naclerio, a resident, appeared before the Board to request a waiver or  
reduction of a $31,500 fine imposed by the Environmental Control Board (ECB)  
for a code violation. Mr. Naclerio represented his cousin, the residence's owner,  
and explained that the septic tank in front of the house had gone bad. He stated  
his cousin had been sick and had no funds to fix the tank. Mr. Naclerio stated he  
had appealed to the ECB without resolution. He explained it took six weeks and  
$10,500 to have the tank dug up and repaired. He stated that neither the owner  
nor he could pay the fine as he had already laid out the money to repair the septic  
tank, and the only solution would be to sell the house.  
Commissioner Flescher stated an appeal process could not happen with the  
Board and that Mr. Naclerio’s only option would be to appeal to the Circuit  
Court.  
County Attorney Bill DeBraal stated that Mr. Naclerio had 30 days to appeal the  
order with the Circuit Court. If he needed help, a paralegal was available to assist  
with the notice of appeal and the various documents that would need to be filed.  
Assistant County Attorney Susan Prado could not provide the exact date of the  
order, but clarified that the ECB, which was different from the Code Enforcement  
Board, did not have a specific time frame for appeals under Rule 85.427.  
However, pursuant to the judicial review time frame, Mr. Naclerio had 30 days to  
appeal. She noted there were multiple orders in this case; the second order  
imposing fines had already passed the 30-day limit for appeal, while the most  
recent order was still within the 30-day time frame. It was also noted that the  
ECB did not have the authority to reduce any fines, nor was such authority  
delegated to it.  
Mr. Naclerio stated he was willing to pay some amount. Commissioner Loar  
reiterated that the Board could not make that decision and it would have to be  
filed with the Circuit Court.  
No Action Taken or Required  
23-0776  
10.B.2.  
Public Discussion Request from Susan Mehiel, Alliance for Safe Trains re: Haz  
Mat and Speed Trains Sharing Corridor  
Recommended Action:  
No action required  
Attachments: Public Discussion Request S.Mehiel  
Representing the Alliance for Safe Trains, Susan Mehiel spoke about rail safety  
concerns, highlighting the dangers posed by hazardous materials on the rails,  
especially with the addition of the new high speed Brightline train. She urged the  
Board to take necessary measures to ensure rail transportation safety. Ms.  
Mehiel referred to a letter by Congressman Posey stating that hazardous materials  
and high-speed trains should never share the same tracks. Ms. Mehiel  
emphasized the need to prevent disaster rather than prepare an excuse.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
23-0779  
10.C.1.  
Public Notice of Public Hearing for September 12, 2023, to Consider a  
Resolution Adopting a Non-Ad Valorem Special Assessment Roll on Hospitals  
for the Local Provider Participation Fund  
Attachments: Staff Report  
County Attorney Bill DeBraal read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
23-0784  
14.A.1.  
Use of the BOCC Chambers  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memo  
[Clerk note: This item was heard following the Consent Agenda]  
Indian River County Taxpayers Association Vice President Lance Lunceford  
sought the Board's approval to use the BOCC Chambers to host a Community  
Council meeting where County staff would be required for audio/visual needs.  
After discussing the matter, the Board came to a consensus to deny the use of the  
Chambers and directed Mr. Lunceford to request the use of the Intergenerational  
Center (iG) as the venue for the Community Council meeting.  
No Action Taken or Required  
23-0783  
14.A.2.  
Letter of Support for IRC Military Officers Association  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memo  
LTR to Director Price 08-22-23  
Bethany Fortunato, Secretary, Military Officers Association of America  
(MOAA), expressed concern regarding the Vero Beach Community-Based  
Outpatient Clinic (CBOC). Stating that on October 5, 2023, no physician would  
be practicing at the clinic. It was important to note that the CBOC was not run by