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  
Susan Adams, District 1, Chairman  
Joseph Flescher, District 2, Vice Chairman  
Joseph H. Earman, District 3  
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, January 9, 2024  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Susan Adams  
Vice Chairman Joseph Flescher  
Commissioner Joe Earman  
Commissioner Laura Moss  
Commissioner Deryl Loar  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph Flescher  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Moss, to approve the Agenda as amended, deleting Item 8.W. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
5. PROCLAMATIONS and PRESENTATIONS  
24-0036  
5.A.  
Proclamation Recognizing Human Trafficking Awareness in Indian River County  
Recommend Read & Present  
Recommended Action:  
Attachments: Proclamation  
Michele Kollig, representing Florida Faith Alliance, expressed her gratitude to the  
Commissioners for raising awareness of the fastest-growing crime in the world.  
She stated human trafficking was the second largest criminal industry in the world  
and was a form of modern-day slavery in which human beings are controlled,  
abused, and exploited for profit through labor and sex. Ms. Kollig informed the  
Commissioners that the Florida Faith Alliance had produced a powerful  
anti-trafficking video called “Don't Take the Bait,” specifically for middle and high  
school students to educate them on the dangers of human trafficking. She also  
mentioned that Florida State House Representative Toby Overdorf recently  
presented Bill 745, which would hold businesses, motels, and theaters accountable  
for not taking necessary precautions to prevent human trafficking through their  
establishments.  
Ms. Kollig stated that Florida Faith Alliance and Catch the Wave of Hope are  
working to alert Indian River County to the immediate crisis and the need for all to  
become educated and to promote services and therapy for victims. Ms. Kollig  
urged the County Commissioners and citizens to attend the free awareness  
presentation on Tuesday, January 30, 2024, at the Indian Rivers Shores  
Community Center at 7:00 p.m.  
Read and presented by Vice Chairman Flescher  
6. APPROVAL OF MINUTES  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Regular Meeting Minutes of November 7, 2023, and  
November 21, 2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0046  
6.A.  
Regular Meeting of November 7, 2023  
Approve  
Recommended Action:  
Attachments: 11072023 BCC Draft  
Approved as written  
24-0062  
6.B.  
Regular Meeting of November 21, 2023  
Approve  
Recommended Action:  
Attachments: 11212023 BCC Draft  
Approved as written  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
24-0052  
7.A.  
Proclamation Honoring Mable Mills On Her Retirement From Indian River County  
Board of County Commissioners Solid Waste Disposal District  
Recommended Action:  
Informational Report  
Attachments: Proclamation  
No Action Taken or Required  
24-0060  
7.B.  
Proclamation Honoring Amy L. Cosner on her Retirement from Indian River County  
Board of County Commissioners, Department of Utility Services/Water Distribution  
Division  
Recommended Action:  
For informational purposes only - no action required  
Attachments: Proclamation  
No Action Taken or Required  
24-0051  
7.C.  
2024 Committee Assignments by Commissioner  
Informational Only  
Recommended Action:  
Attachments: 2024 Committee Assignments by Commissioner  
No Action Taken or Required  
24-0031  
7.D.  
2024 Treasure Coast Regional Planning Council (TCRPC) Appointments  
Informational Purposes Only  
Recommended Action:  
Attachments: Memo  
Ltr to TCRPC re: 2024 Assignments  
No Action Taken or Required  
23-1144  
7.E.  
7.F.  
7.G.  
City of Vero Beach, Notice of Voluntary Annexation: Ordinance No. 2023-24 for  
4.07 acres of property located at 2301 43rd Avenue.  
Recommended Action:  
Information Only  
Attachments: COVB Ordinance 2023-24 Voluntary Annxation  
No Action Taken or Required  
23-1145  
St. Johns River Water Management District (SJRWMD) 2024 Governing Board  
Meeting Schedule.  
Recommended Action:  
Information Only  
Attachments: 2024 SJRWMD Governing Board Meeting Schedule  
No Action Taken or Required  
23-1149  
Indian River County Venue Event Calendar Review  
Informational item, Board action not required.  
Recommended Action:  
Attachments: Staff Report  
Chairman Adams invited everyone out for a “frogtastic” good time at the 33rd Annual  
Fellsmere Frog Leg Festival, with the proceeds benefiting youth recreation.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Consent Agenda as amended, pulling Item 8.T. and Item  
8.U. for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1094  
8.A.  
Checks and Electronic Payments November 10, 2023 to November 16, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of November 10, 2023 to November 16, 2023  
Attachments: Comptroller Division Staff Report  
Approved  
23-1099  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments November 17, 2023 to November 23, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of November 17, 2023 to November 23, 2023  
Attachments: Comptroller Division Staff Report  
Approved  
23-1122  
Checks and Electronic Payments November 24, 2023 to November 30, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of November 24, 2023 to November 30, 2023  
Attachments: Comptroller Division Staff Report  
Approved  
23-1140  
Checks and Electronic Payments December 1, 2023 to December 7, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller  
Division for the time period of December 1, 2023 to December 7, 2023  
Attachments: Comptroller Division Staff Report  
Approved  
23-1147  
8.E.  
8.F.  
8.G.  
Quarterly Investment Report for Quarter Ending 09/30/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-1148  
Quarterly OPEB Trust Report for Quarter Ending 09/30/2023  
Accept the report  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-1152  
Updates to the Cash Surplus Funds Investment Policy  
Accept the changes  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
23-1114  
8.H.  
Interest Rate Change on All County Financing (Petition Paving, Utility Assessment  
Projects, Utility Impact Fees, etc.)  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the fixed interest  
rate of 8.5%. Staff further recommends that this rate remain in effect for calendar  
year 2024 for all County financing with the exception of projects directly affiliated  
with a bond issue for which the bond covenants dictate a different interest rate.  
Attachments: Staff Report  
County Financing Interest Rate History  
Approved staff's recommendation  
23-1151  
8.I.  
Updates to the Other Post-Employment Benefits Investment Policy  
Accept the changes  
Recommended Action:  
Attachments: Comptroller Division Staff Report  
Accepted  
24-0053  
8.J.  
Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 8, North County  
Water Plant Discharge Permit Renewal  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the payment in  
the amount of $12,187.00, which represents final payment of Work Order No. 8 to  
Kimley-Horn & Associates, Inc.  
Attachments: Staff Report  
Invoice No 25802834  
Approved staff's recommendation  
24-0044  
8.K.  
Fence Encroachment Agreement with Florida Power and Light  
Recommended Action:  
Staff recommends the Board approve the Fence Encroachment Agreement and  
authorize the Chairman to sign the Agreement on behalf of the Board.  
Attachments: Staff Report  
Aerial Photo  
Fence Encroachment and Relocation Agmt  
Approved staff's recommendation  
23-1051  
8.L.  
Approval of Continuing Geotechnical Engineering Consulting Services  
Agreements  
Recommended Action:  
Staff recommends the Board approve the sample agreement and the hourly  
rates attached for the listed firms, and authorize the Chairman to execute the  
agreements after review and approval by the County Attorney as to form and  
legal sufficiency.  
Attachments: Staff Report  
Agreement  
Exhibit 1 Rates  
Approved staff's recommendation  
Approval of Continuing Architectural Consulting Services Agreements  
23-1071  
8.M.  
Recommended Action:  
Staff recommends the Board approve the sample agreement, and the hourly rates  
attached for the listed firms, and authorize the Chairman to execute the agreements  
after review and approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Agreement  
Exhibit 1 Standard Rates  
Approved staff's recommendation  
23-1107  
8.N.  
Renewal of Annual Bid 2022027 for Natural Areas and Exotic Vegetation  
Management/ Mowing  
Recommended Action:  
Staff requests the Board of County Commissioners approve the Second Extension,  
and authorize the Chairman to execute it after the County attorney has approved it as  
to form and legal sufficiency, and upon receipt and approval of required insurance by  
Risk Management.  
Attachments: Staff Report  
Second Extension - John Brown & Sons, Inc.  
Approved staff's recommendation  
23-1139  
8.O.  
First Extension and Amendment to Agreement for Professional Roof Design,  
Evaluation, and Construction Oversight Services (RFQ 2020031)  
Recommended Action:  
Staff recommends the Board approve the first extension and amendment to the  
agreement with REI Engineers, Inc., Jay Ammon Architect, Inc., and A/R/C  
Associates, Inc and authorize the Chairman to execute it after the County Attorney  
has approved it as to form and legal sufficiency.  
Attachments: Staff Report  
First Extension and Amendment - A R C  
First Extension and Amendment - Jay Ammon  
First Extension and Amendment - REI  
Approved staff's recommendation  
24-0030  
8.P.  
Award of Bid 2024012 - Annual Bid for County Parks Athletic Field Maintenance  
Recommended Action:  
Staff recommends the Board award Bid 2024012 to Florida ULS Operations, LLC,  
dba Haverland AG Innovations, and authorize the Purchasing Division to issue blanket  
purchase orders. Staff also recommends the Board authorize the Purchasing Manager  
to renew this agreement, under the same terms and conditions for two additional  
one-year periods subject to satisfactory performance, vendor acceptance, and  
determination by the Parks, Recreation and Conservation Department that renewal of  
this agreement is in the best interest of Indian River County.  
Attachments: Staff Report  
Haverland AG Innovations Bid Pricing  
Approved staff's recommendation  
Award of Bid 2024013 Demolition of Retail and Residential Structures  
24-0032  
8.Q.  
Recommended Action:  
Staff recommends the Board award Bid 2024013 to Bremar Construction, approve  
the agreement, and authorize the Chairman to sign it after review and approval by the  
County Attorney as to form and legal sufficiency, receipt and approval of the required  
public construction bond by the County Attorney, and after receipt and approval of  
the required insurance by the Risk Manager. So long as there are no changes in the  
dollar amount under the agreement, upon adequate completion of the work set forth in  
the agreement, staff is directed to make final payment and release any retainage to  
Bremar Construction, after review and approval by the Purchasing Manager and the  
County Attorney’s Office.  
Attachments: Staff Report  
Agreement  
Approved staff's recommendation  
23-1160  
8.R.  
Second Extension to Agreements for Temporary Staffing Services (Bid 2022017)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Second  
Extensions, and authorize the Chairman to execute them, after approval by the County  
attorney as to form and legal sufficiency, and after receipt and approval of required  
insurance by Risk Management.  
Attachments: Staff Report  
Temp Staffing Second Extension - Altrian  
Temp Staffing Second Extension - AUE Staffing  
Temp Staffing Second Extension - Blue Arbor  
Temp Staffing Second Extension - LF  
Approved staff's recommendation  
23-1143  
8.S.  
Agreement with Carter Associates, Inc. for Design Services for Oslo Park Paving and  
Drainage Project (IRC-2308)  
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 with CAI  
Approved staff's recommendation  
24-0034  
8.T.  
Pulte Home Company, LLC’s Request for Final Plat Approval for Harbor Isle Phase  
I [SD-20-11-04 / 99070005-94300]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for Harbor Isle Phase I.  
Attachments: Staff Report  
Location Map.pdf  
Final Plat Layout.pdf  
Commissioner Moss requested and received clarity from Ryan Sweeney, Assistant  
Planning & Development Services Director, regarding the proposed development  
plan for Harbor Isle, Phase I. The plan aimed to increase the density of the entire  
platted area while maintaining an overall density of approximately four units per acre.  
As per the first phase of the plan, 90 units were to be constructed and divided by the  
entire area, resulting in a density of 0.88 units per acre. The Board would be  
approving the construction of these 90 units.  
Commissioner Moss requested that the minutes of the Planning and Zoning  
Commission (PZC) meeting be attached to the backup in the future. A discussion  
ensued between the Board and staff as to the relevance of the minutes of past PCZ  
meetings. Chairman Adams stated including the minutes mentioned in the staff report  
would provide context for the project. However, the minutes may not contain all the  
necessary information. A final plat was a legal document that created lots. The  
preliminary dealt with subdivision approval, and would be unnecessary to include.  
A motion was made by Commissioner Moss, seconded by Commissioner Loar, to  
approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
24-0035  
8.U.  
Sunburst/Encore, LP’s Request for Final Plat Approval for the Sunshine Travel RV  
Resort Expansion [SD-21-06-02 / 2001010166-93624]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for the Sunshine Travel RV Resort expansion project.  
Attachments: Staff Report  
Location Map.pdf  
Final Plat Layout.pdf  
Commissioner Moss sought and received the history of the Sunshine Travel RV  
Resort, which received approval in the mid-1980s and has since received various  
approvals to add more RV lot spaces and amenities.  
Assistant Planning & Development Services Director Ryan Sweeney stated that the  
Sunshine Travel RV resort occupied the southern two-thirds of the site and had  
received numerous approvals from the Planning and Zoning Commission or staff for  
lots, clubhouse, pool, and other amenities. The current expansion phase was focused  
on the northern portion of the site. He clarified the code allowed for staff-level  
approval for anything less than 25 lots. This project had been decades in the making,  
and now that the infrastructure was built, this phase was primarily focused on  
establishing individual RV spaces for full build-out.  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
23-1153  
8.V.  
FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement  
No. 2 and Resolution Authorizing the Chairman’s Signature for CEI and Construction  
of 66th Avenue from 69th Street to CR-510/85th Street (IRC-1505B) FM No.  
436379-2-54  
Recommended Action:  
Staff recommends the Board of County Commissioners approve FDOT  
Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2  
and Authorizing Resolution and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Authorizing Resolution  
FDOT TRIP Supplemental Agreement No. 2  
Approved staff's recommendation and Resolution 2024-001, authorizing the  
Chairman's execution of Transportation Regional Incentive Program  
Supplemental Agreement No. 2 with the Florida Department of Transportation  
(FDOT) for CEI and construction of 66th Avenue roadway widening from 69th  
Street to CR-510/85th Street.  
24-0038  
8.W.  
Updated Guidebook for The Children’s Services Advisory Committee  
Attachments: Staff Report  
BCC Resolution 2024 Updated CSAC Guidebook  
CSAC Guidebook  
Deleted  
24-0027  
8.X.  
Amendment No. 2 - FDEP Grant Agreement No. 19IR3 (Vero Beach Restoration -  
Beach Management Sector 5)  
Recommended Action:  
Staff recommends the Board approve FDEP Amendment No. 2 to FDEP LGFR  
Grant Agreement No. 19IR3 for up to $1,748,751.00 and authorize the Chairman to  
sign the Amendment on behalf of the County. Following Board approval, the County  
will transmit the partially executed Amendment to the State for final signatures. Upon  
receipt of the fully executed FDEP Grant Agreement 19IR3 Amendment No. 2 from  
the State, staff will transmit to the Clerk to the Board of County Commissioners for  
filing.  
Attachments: Staff Report  
FDEP Grant Agreement  
Approved staff's recommendation  
23-1150  
8.Y.  
Southeastern Fastpitch Inc. License Agreement dated January 9, 2024  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
Parks Recreation & Conservation License Agreement with Southeastern Fast Pitch  
Inc. and authorize the Chairman to execute the agreement after review and approval  
by the County Attorney.  
Attachments: Staff Report  
LICENSE AGREEMENT  
Exhibit A  
Exhibit B  
Exhibit C  
Approved staff's recommendation  
23-1156  
8.Z.  
St. John’s River Water Management District Cost Share Agreement Contract  
#38600 - Indian River County South Oslo Riverfront Conservation Area Floodplain  
Restoration Project  
Recommended Action:  
Staff respectfully request that the Board of County Commissioners accept the South  
Oslo Riverfront Conservation Area Floodplain Restoration Project Cost-Share Grant  
and authorize the Chairman to execute the Agreement between the St. John’s River  
Water Management District and Indian River County, Contract #38600 after review  
and approval by the County Attorney.  
Attachments: Staff Report  
Contract #38600 - SORCA  
Approved staff's recommendation  
24-0028  
8.AA.  
Florida Department of Health EleGARD Grant  
Recommended Action:  
Staff recommends that the Board authorize the submission of application for the  
Florida Department of Health Grant opportunity to procure the four (4) EleGARD  
units for $31,200, along with authorize the Chairman to execute the agreement after  
review and approval by the County Attorney.  
Attachments: Staff Report  
Formal Scope of Work  
Fact Sheet  
Quote  
Workforce Training Program Costs  
Agency Training Plan  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
24-0065  
10.B.1.  
Request for Public Discussion by Barry Shapiro re: Annual Vero Beach Sock  
Drive  
Recommended Action:  
No action required  
Attachments: Request for Public Discussion B.Shapiro  
Bob Standley, who represents the Vero Beach Sock Drive, shared that the drive  
began with modest expectations. Initially, the goal was to collect 200 to 300 pairs  
of socks to send to a charity that helped the homeless. However, the drive  
exceeded expectations and collected over 1,000 pairs, which were delivered to  
three different charities.  
After four years, the drive collected and distributed over 15,000 pairs of socks to  
the homeless and less fortunate through 12 charitable organizations, all thanks to  
the generosity and support of the County’s great community. Last year, the drive  
collected 18,881 pairs of socks, which were distributed throughout Indian River  
County and Palm Beach County. Socks were the number one requested item at  
homeless shelters. Mr. Standley thanked the volunteers for their time and efforts  
to help and stated the sock collection boxes were now in over 40 locations  
throughout the Treasure Coast.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
24-0048  
10.C.1.  
Public Notice of Public Hearing for January 23, 2024, to Consider an Ordinance  
Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year  
with regard to Class B Biosolids  
Attachments: Staff Report  
County Attorney Bill DeBraal read the notice into the record  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Services  
B. Emergency Services  
C. Human Resources  
D. Information Technology  
E. Natural Resources  
F. Office of Management and Budget  
G. Parks, Recreation, and Conservation  
23-1154  
12.G.1.  
Indian River County Shooting Range Standard Operating  
Procedure Guide  
Recommended Action:  
Staff respectfully requests that the Board approve the Indian  
River County Shooting Range Standard Operating Procedure  
Guide and authorize the Parks, Recreation and Conservation  
Director to approve any minor modifications to the Guide as  
needed reflecting appropriate guest services, general updates, and  
after discovered errors and omissions that do not substantially  
alter the intent of the Guide.  
Attachments: Staff Report  
Shooting Range SOP - UPDATED  
Draft Shooting Range LICENSE AGREEMENT  
Shooting Range Reservation Agreement 12.23  
Director of Parks and Recreation Beth Powell utilized a PowerPoint presentation  
to highlight updates to the Indian River County Public Shooting Range Standard  
Operating Procedures. Ms. Powell stated the Indian River County Public  
Shooting Range opened in 2001 through a partnership between the County and  
the Florida Fish and Wildlife Conservation Commission; she acknowledged the  
generous support received with funding from the U.S. Fish and Wildlife Service.  
Ms. Powell discussed the Indian River County Public Shooting Range Standard  
Operating Procedure Guide, which would govern the use of the facility, outline  
Range rules, and formalize commonly held business and operational practices.  
Updates to the Guide included:  
•
•
•
•
•
•
•
General Range Safety Rules and Best Management Practices  
Guest Services and Point of Sale/Cash Handling for Staff  
Independent Contractor Instructions & Policy  
Emergency Action Plan - Weather, Wildfire, Critical Incidents  
Employee Onboarding and Staffing Responsibilities  
Administrative Policies & Procedures  
Facility Reservations & License Agreements  
The Commissioners discussed the facility and its public benefits.  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
H. Planning and Development Services  
I. Public Works  
J. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
24-0043  
13.A.  
Opioid Class Action Lawsuit Settlement Fund Allocation  
Recommended Action:  
The County Attorney's Office recommends that the Indian River County Board of  
County Commissioners discuss the recommended allotments made by the Public  
Safety Council for Criminal Justice, Mental Health and Substance Abuse and adopt  
the authorizing Resolution and authorize the Chairman to execute the Resolution on  
behalf of the Board.  
Attachments: Staff Report  
Resolution Approving Allocations re Opioid  
Staff Report from BCC Meeting of 12-12-23  
Letter to Applicants re Opioid  
Opioid Settlement Planning- Presentation (002)  
In November 2023, the Public Safety Council for Criminal Justice, Mental Health,  
and Substance Abuse recommended five groups for Opioid Class Action Settlement  
funds. The Board discussed recommendations on Dec. 12, 2023, and invited those  
groups to present at a future Board Meeting. County Attorney DeBraal stated that  
the Southeast Florida Behavioral Health Network would administer these funds as  
Indian River County was too small to administer and distribute them.  
Linda Kane, Director, Southeast Florida Behavioral Health Network, oversees the  
Substance Use System of Care in multiple counties, including Indian River County,  
which had been allocated $1,177,000 for fiscal year 2024. Ms. Kane explained the  
process of administering these funds.  
The following individuals presented their proposed allocations of the Opioid Class  
Settlement funds.  
Captain Angela Jones proposed the conversion of a currently vacant wing at the jail to  
create a space for individuals arrested on drug crimes or drug-related offenses who  
suffer from Opioid Use Disorder (OUD). These inmates required more intensive  
medical treatment due to withdrawal and detox symptoms that could not be  
adequately addressed in the regular medical section of the jail. The award amount for  
this proposal was $350,000.  
Carrie Lester, the Executive Director of Substance Awareness Center (SAC), along  
with Kyleigh Savoie, the Data & Outcomes Manager, utilized a PowerPoint  
presentation to propose strategies to address the opioid crisis in Indian River County.  
Those strategies included conduct needs assessment & strategic plan, establish jail  
treatment programs, launch mobile outreach van, provide training, and expand SAC's  
treatment & prevention Services. The allocated amount for this proposal was  
$200,000.  
Wes Samons, the Executive Director of the Indian River County Mental Health  
Collaborative, proposed educating the community to prevent opioid abuse. Funding  
would secure social media campaigns, radio hits, and educational programs. The  
success of the campaign would be assessed throughout the year. The allocated  
amount for this proposal was $40,000.  
Patty Harris, Court Administrator of the 19th Judicial Circuit, announced that funds  
would be allocated to participants in Problem-Solving Court programs. These  
programs include Felony Drug Court, Veterans Treatment Court, and Mental Health  
Court, and had over 150 active participants. The funds would be used for treatment  
and wraparound services to reintegrate participants into their communities in a  
productive way, with the objective of long-lasting public safety. The allocated amount  
for this proposal was $305,000.  
Rayme Nuckles, Visionary Leader, Treasure Coast Homeless Services Council  
(TCHSC), proposed to provide housing for individuals struggling with Opioid Use  
Disorder (OUD). This offer would be extended to those who have completed  
inpatient rehab or have been released from incarceration after participating in jail  
treatment programs. TCHSC claimed that they could provide up to 10 units of  
housing, with each unit accommodating two people for a year. The allocated amount  
for this proposal was $282,000.  
Each Commissioner weighed in on the proposals presented; Chairman Adams  
expressed her concern regarding the current programs that were being funded with  
the opioid settlement dollars. She stated although these programs had been  
successful, they were mainly designed for individuals involved in the legal system.  
Chairman Adams stated that it was important to consider the needs of the wider  
population while allocating funds for assistance programs. Currently, the County seem  
to be distributing funds based on trial and error, without a clear understanding of  
where they should be directed. While there may have been some success with certain  
programs in the past, she further stated she was apprehensive about the sheriff's  
request for $350,000. There was a need for detox beds in Indian River County, but  
the need was for detox beds that were open to everyone, regardless of whether they  
had been arrested or not. It was not the Board's goal to reallocate the funding, yet she  
felt it was too early to fund the Sheriff’s request as there were no cost estimates  
available, and the program's financial burden was uncertain.  
Commissioner Moss thought the Sheriff's treatment wing was a good idea. It was a  
physical asset that could provide help to people for a longer period of time. Other  
solutions may help individuals in the short term; having a permanent treatment wing  
would make a lasting impact.  
Commissioner Earman agreed with Commissioner Moss but would prefer more  
details on the allocation of the $350,000 for the Sheriff's office.  
With a motion on the floor, Attorney Bill DeBraal proposed increasing the allocation  
for the Substance Awareness Counsel by $50,000, making the total allocation  
$250,000. This would provide $100,000 for the needs study and $150,000 for jail  
treatment, both of which were urgent needs. This had been requested by Ms. Lester  
previously in her presentation  
Commissioner Loar was not comfortable with Attorney DeBraal’s proposal due to  
the fact that the Safety Council had already established the dollar amounts.  
A motion was made by Commissioner Earman, seconded by Commissioner Loar,  
to approve the recommendations of the Public Safety Council and Resolution  
2024-002, approving the allocation of the Opioid Class Action Lawsuit settlement  
funds. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and  
Commissioner Loar  
1 - Chairman Adams  
The Chairman called for a recess at 11:13 and reconvened at 11:23 with all members  
present.  
24-0050  
13.B.  
Sale/Donation of Former Gifford Gardens Apartments Property to Indian River  
County Habitat for Humanity, Inc.  
Recommended Action:  
Staff recommends that the Board approve the Purchase and Sale Agreement with  
Indian River Habitat for Humanity and authorize the Chairman to execute the  
Agreement and the deed on behalf of the Board.  
Attachments: Staff Report  
Agreement to Purchase and Sell Real Estate  
Indian River County American Rescue Plan Agreement  
Scope of Work  
County Attorney Bill DeBraal stated that the Gifford Gardens property once had  
apartment buildings with 55 units spread across 3.3 acres. However, due to their age,  
the buildings fell into disrepair, and rehabilitating them would have cost more than their  
value. The County demolished them in June 2011 for $85,000. The property was  
then purchased at a tax deed sale for the amount of unpaid taxes, which was  
$84,900. The Code Enforcement demolition liens did not drop off in the tax deed  
sale, and as a result, the Board purchased the property from the then-owner, Leonard  
Green, for $10,000. Additionally, the County paid the outstanding taxes for the past  
two years, amounting to $9,600. Attorney DeBraal stated the Board had reserved the  
property for affordable housing and received a proposal from Habitat for Humanity,  
which intended to establish single-family homes using its homeownership program.  
The Board earmarked $500,000 from the American Recovery and Reinvestment Act  
for the planning and construction of affordable housing, which was included in Habitat  
for Humanity's presentation. Attorney DeBraal requested the Board dedicate the  
property so that Habitat for Humanity could move forward with the project.  
Chairman Adams stated that the signing of the documents had been long-awaited by  
the Affordable Housing Advisory Committee (AHAC), and appreciated that it was  
finally moving forward.  
A motion was made by Commissioner Loar, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner  
Moss, and Commissioner Loar  
14. COMMISSIONERS MATTERS  
A. Commissioner Susan Adams, Chairman  
24-0061  
14.A.  
Proposed Resolution in Support of the Indian River County Strict Rainy Season  
Ban Urban Fertilizer Ordinance  
Recommended Action:  
Request Discussion and Support  
Attachments: Commissioners Memo  
Resolution  
Chairman Adams stated that legislation was being passed at the State level that  
would limit the County to enforce the ban on rainy season urban fertilizer. She  
stated that the Sierra Club and other organizations across the State had also  
requested their local governments to approve a Resolution that urged the State to  
respect home rule.  
Indian River Neighborhood Association Executive Director Daniel Lamson  
thanked the Board for considering this resolution. He stated he was working with  
a coalition of organizations across the State of Florida trying to get counties that  
have passed strong fertilizer Ordinances similar to Indian River County to send a  
Resolution to the state asking them not to preempt these Ordinances. He stated  
the State had been taking power away from local municipalities for the past  
decade, which was not something the County wanted to see happen, especially  
with something as important and low-cost as a solution to nutrient pollution. Mr.  
Lamson suggested sending a copy of the Resolution to Senator Erin Grall and  
Representative Robert Brackett, the County’s representatives in Tallahassee.  
Commissioner Flescher mentioned that the County’s efforts to enforce  
compliance with local vendors had yielded excellent results. Many distribution  
points were now selling fertilizers containing zero harmful chemicals. This was a  
positive development as it allowed people to fertilize their gardens with a clean  
conscience. It was essential to continue to promote the use of environmentally  
friendly fertilizers.  
Richard Baker, Director, Pelican Island Audubon Society, discussed the benefits  
of native plants. Turf grass requires more water and chemicals, which harms the  
environment. In Florida, 64% of drinking water is used for lawns, rising to 88% in  
summer months, and residents must cut back on the use of grass to protect  
resources. He thanked Alexis Peralta, Fertilizer Enforcement Officer, for teaching  
kids about birds and stormwater. He stated more enforcement was needed to  
prevent pesticide spraying during the ban.  
A motion was made by Vice Chairman Flescher, seconded by Chairman  
Adams, to approve staff's recommendation and Resolution 2024-003, in  
support of the Indian River County strict Rainy Season Ban Urban Fertilizer  
Ordinance. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
B. Commissioner Joseph E. Flescher, Vice Chairman  
C. Commissioner Joseph H. Earman  
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  
Solid Waste Disposal District. The minutes will be approved at an upcoming Solid  
Waste Disposal District meeting.  
B. Solid Waste Disposal District  
24-0047  
15.B.1.  
Approval of SWDD Meeting Minutes of November 7, 2023  
Approve  
Recommended Action:  
Attachments: 11072023 SWDD Draft  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Solid Waste Disposal District Meeting Minutes of  
November 7, 2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0063  
15.B.2.  
Approval of SWDD Meeting Minutes of November 21, 2023  
Approve  
Recommended Action:  
Attachments: 11212023 SWDD Draft  
A motion was made by Vice Chairman Flescher, seconded by Commissioner  
Loar, to approve the Solid Waste Disposal District Meeting Minutes of  
November 21, 2023 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0056  
15.B.3.  
Work Order No. 5 to Geosyntec for Annual Permit, Compliance Monitoring, and  
Reporting for 2024  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
Work Order No. 5 with Geosyntec Consultants for $296,305.68 to provide  
engineering services related to the SWDD Annual Permit, Compliance  
Monitoring, and Reporting; and authorize the Chairman to execute the same, as  
presented  
Attachments: Staff Report  
Work Order No 5 - Geosyntec  
Director of Utility Services, Sean Lieske, on behalf of the Solid Waste Disposal  
District, presented an amendment to Work Order No. 5. The amendment was  
related to the landfill's annual permits, which include a Class I landfill permit, an air  
permit, and a stormwater permit. The agreement with Geosyntec Consultants was  
to assist with managing these permits, including monitoring and reporting  
requirements. The cost of this agreement was $296,305.68.  
There was no further discussion on this Item.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Adams, Vice Chairman Flescher, Commissioner Earman,  
Commissioner Moss, and Commissioner Loar  
24-0058  
15.B.4.  
Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC  
Recommended Action:  
Staff recommends that its Board approve Amendment No. 4 to Landfill Gas  
Agreement with Nopetro Eco District, LLC (NED) and; authorize the Chairman  
to execute the agreement after review and approval by the County Attorney as to  
form and legal sufficiency  
Attachments: Staff Report  
Amendment No. 4 to Landfill Gas Agreement  
Utility Services Director Sean Lieske referred to staff’s memo dated December  
28, 2023, as there had been a series of amendments associated with the  
agreement with Nopetro Eco District, LLC (NED), the most recent being  
Amendment No. 3 Agreement to grant 12 months to the Natural Landfill Gas  
(LFG) agreement commencement date from June 30, 2023, to June 30, 2024.  
Mr. Lieske presented Amendment No. 4, which was strictly to extend the  
contract based on the requirement of their project financing entity to ensure that  
the termination of the agreement would be beyond the project schedule for  
completion.  
Under discussion, Vice Chairman Flescher, Commissioner Loar, and  
Commissioner Moss expressed their discomfort with the language in the contract,  
specifically the use of gross receipts versus net proceeds. They stated that they  
did not favor moving forward with the contract.  
County Attorney Bill DeBraal received confirmation that the 10-year extension to  
the 20-year contract was no longer on the table. NED CEO Jorge Herrera stated  
during the last meeting that an extension of three and a half months beyond the  
outside date had been requested, citing factors that were within their control at the  
time. Their main concern was that if there was a delay and they could not finish by  
the deadline, they would not be able to close on their construction loan.  
Commissioner Loar stated his concern regarding the recent changes and  
extensions made to the Amendments. He requested from NED and Assistant  
County Attorney Keith Jackman a more precise definition of the gross receipts.  
Attorney Jackman suggested postponing the discussion until the January 23,  
2024, BCC meeting, as there were concerns regarding the contract's legal  
sufficiency. The County's gross receipts appeared to cover NED’s consumables,  
taxes, and operational costs, creating ambiguity. The contract should reflect this if  
the County intended to cover these costs.  
Chairman Adams expressed frustration with this ongoing project that began in  
2019, which incurred numerous costs and several improvements at the county  
landfill. The leachate issue was addressed by installing a landfill evaporator to  
access the landfill gas. The plan was to convert the landfill gas into electricity, but  
the County decided on the pipeline instead, which led to the leachate issue. She  
stated the Florida City Gas commissioner had used this potential project to get a  
gas line extension to the beach, but getting the necessary agreements had been a  
challenge. All amendments, including Amendment Three, had been approved, and  
additional language was added as requested by the County. However, new  
attorneys had interpreted the Amendments differently, delaying the project's final  
phase. An extension of the contract for this project was needed to secure funding.  
Chairman Adams was concerned that the time between now and the January  
23rd meeting was not enough time to vet everything. Amendment No. 4 was  
presented as a simple extension to acquire funding. Delaying it would require  
budget input, vetting on different market conditions, and comparing contracts from  
Jacksonville and Indian River County. She stated even if the County Attorney's  
office and all the other staff focused solely on this, it would still take longer than  
the funding deadline. If there was no funding, the project would not happen.  
Chairman Adams was glad to see progress in the willingness to have  
conversations on both sides but worried that there would be nothing to discuss if  
the decision was delayed.  
A lengthy discussion ensued about whether the Attorney's office and  
representatives from NED could renegotiate the contract language before the  
BCC Meeting on January 23, 2024.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Loar, to postpone the vote until the January 23, 2024 regular meeting, to  
allow for requested changes to the language in the existing contract. The  
motion carried by the following vote:  
3 - Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar  
2 - Chairman Adams, and Commissioner Earman  
Aye:  
Nay:  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business the Chairman adjourned the meeting at 1:01 PM