Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.ircgov.com  
Board of County Commissioners  
Peter O'Bryan, Chairman, District 4  
Joseph H. Earman, Vice Chairman, District 3  
Susan Adams, District 1  
Joseph Flescher, District 2  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, November 15, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Chaplain Lou Tropf, IRC Jail  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Moved: Item 5.A. to be heard following Item 15.B.2.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Agenda as amended. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-0982  
5.A.  
Presentation of Proclamation Honoring Peter D. O'Bryan, Commissioner of District  
Four, on the Occasion of His Retirement  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
(Clerk's Note: This item was heard following Item 15.B.2)  
Chairman O'Bryan turned over the meeting to Vice Chairman Earman. Before the  
reading of the Proclamation, Deputy Attorney Bill Debraal, along with County  
Attorney Dylan Reingold, congratulated Chairman O'Bryan on his retirement and  
appreciated his approach on eminent domain called the "O'Bryan Rule" that made the  
process go smoothly; they hoped the tradition would continue. Vice Chairman  
Earman read the first Proclamation regarding the establishment of the "O'Bryan Rule".  
The following individuals congratulated Chairman O'Bryan and for a job well done in  
making Indian River County a better place to live: Mr. Joseph Paladin, Ms. Penny  
Chandler, Ms. Helene Caseltine, Mr. Thomas Lanahan, former County Attorney Alan  
Polackwich, Fellsmere City Manager Mark D. Mathes, Property Appraiser Wesley  
S. Davis, Supervisor of Elections Leslie Swan, Clerk of the Circuit Court and  
Comptroller Jeffrey R. Smith, City of Sebastian Mayor Fred Jones, Commissioner  
Elect and former Sheriff Deryl Loar, Mr. Michael Kint, Lisa Kahle, and Judge Nicole  
Menz. Following the speakers, a video presentation of staff and those who could not  
attend today's meeting sending Chairman O'Bryan their heartfelt wishes on his  
retirement was shown.  
Each member of the Board, County Administrator Jason Brown, and County  
Attorney Reingold read the Proclamation to District 4 Commissioner Peter D.  
O'Bryan on his retirement and for 16 years of service to the citizens of Indian River  
County. His fellow Commissioners, County Administrator Brown, and County  
Attorney Reingold spoke of his leadership, accomplishments, dedication, courage,  
and the impact he has had on Indian River County before presenting him with a  
commemorative compass to show their appreciation.  
Chairman O'Bryan stated he felt very humbled and spoke of his time in office. In  
addition, he recognized and thanked his fellow Commissioners, County and  
Constitutional staff, the citizens of Indian River County, and numerous others including  
his wife, Susan.  
Presented by each Board Member  
22-0973  
5.B.  
Presentation of Proclamation Honoring Joseph Karman on his Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
A Proclamation was presented to Joseph Karman for 31 years of service to the  
citizens of Indian River County. He was joined by family and given a promotion to  
Sergeant by Sheriff Eric Flowers.  
Presented by Chairman O'Bryan  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0859  
7.A.  
Proclamation Recognizing November 17, 2022 As World Prematurity Day  
Informational Purposes Only  
Recommended Action:  
Attachments: Proclamation  
No Action Taken or Required  
22-0984  
7.B.  
Sebastian River Improvement District Fiscal Year 2022/2023 Regular Meeting  
Schedule, a copy is on file with the Clerk to the Board Office.  
Recommended Action:  
Approve  
Attachments: Meeting Schedule  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,  
to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0906  
8.A.  
Checks and Electronic Payments October 14, 2022 to October 20, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of October 14, 2022 to October 20, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0908  
8.B.  
8.C.  
8.D.  
8.E.  
8.F.  
Checks and Electronic Payments October 7, 2022 to October 13, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of October 7, 2022 to October 13, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0909  
Checks and Electronic Payments September 30, 2022 to October 6, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of September 30, 2022 to October 6, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0951  
Checks and Electronic Payments October 21, 2022 to October 27, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of October 21, 2022 to October 27, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0967  
Checks and Electronic Payments October 28, 2022 to November 3, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of October 28, 2022 to November 3, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0965  
Final Ranking of Firms and Award of RFP 2023003 for 2024 EAR Amendment and  
MPP Upgrade  
Recommended Action:  
Staff recommends the Board approve the final ranking of firms, award RFP 2023003  
to Kimley-Horn and Associates, Inc., approve the agreement, and authorize the  
Chairman to sign after the County Attorney has approved it as to form and legal  
sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
22-0968  
8.G.  
Utility Work By Highway Contractor Agreement with FDOT for the Extension and  
Relocation Services of Utility Main Lines for the Interchange at I-95 and Oslo Road  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Florida  
Department of Transportation - Utility Work by Highway Contractor Agreement, and  
authorize the Chairman to execute and sign on their behalf  
Attachments: Staff Report  
FDOT - Utility Work by Highway Contractor Agreement  
Approved staff's recommendation  
22-0980  
8.H.  
2023 Oblique Aerial Imagery Contract  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Pictometry  
International Corporation as the sole source provider for high-resolution oblique and  
vertical aerial imagery for Indian River County. Staff further recommends that the  
Board waive the requirement for bids and authorize the Chairman to execute the  
attached three-year contract with Pictometry International Corporation as described  
in Attachment 2, Section A in the amount of $373,755.00 (124,585.00/year), and  
requests that the Board authorize the Chairman to sign the attached agreement and  
related documents after review by the County Attorney for form and legal sufficiency.  
Attachments: Staff Report  
Attachment 1 - IRC Aerial Imagery Project Limits 2023  
Attachment 2 - Pictometry Agreement  
Attachment 3 - Certificate of LIabiity Insurance  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
22-0933  
9.A.  
IRC Tax Collector Annual Report  
Recommended Action:  
Attachments: Annual Fiscal Report Tax Collector  
Excess Fee Report Tax Collector  
Indian River County Tax Collector Carole Jean Jordan thanked Chairman O'Bryan for  
his service to the County and for the magnificent job he has done serving as County  
Commissioner. She also thanked County Administrator Jason Brown for his service  
to the County and for being a great County Administrator and Rich Szpyrka for  
always coming to the aid of the Tax Collector's Office especially with the current  
office renovations.  
Ms. Jordan went over a list of improvements by the Tax Collector's Office:  
installation of a new customer service system for appointments, new dealer locker  
delivery and pick-up systems, a new learning management system to track employee  
training and create in house training modules for new hires, elimination of physical fax  
machines and switched over to eFax software, implementation of Grant Street  
electronic insurance module which would allow an individual to renew their  
registration online when insurance was required, increase in starting pay to $15.00 per  
hour for Customer Service Representatives, and early collection of the 2021 Tax Roll  
on the 26th of October allowed the Tax Collector's Office to send money to the  
taxing districts. Two customer service stations were added to the Beach Office  
location and seven customer service stations at the Main Office location, with hopes in  
the near future to open up a office location in Fellsmere. She concluded with  
Specialty license plate request fillable forms and purchase portals were added to the  
Tax Collector's online payment website.  
Ms. Jordan thanked her staff and recognized Jordan Abbey, Brad Newman, Eder  
Morales, Dan Baker, Danny McCormick, Ryan Kasten, and Adria Espich. Ms.  
Jordan presented a check for $2,221,710.19 and received thanks from the Board.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to accept the Annual Fiscal Report for the Tax Collector's Office for the  
Year Ended September 30, 2022. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0934  
9.B.  
IRC Property Appraiser Annual Report  
Recommended Action:  
Attachments: Annual Report - Property Appraiser  
Indian River County Property Appraiser Wesley Davis announced a return of  
$205,748.50 to the taxpayers and credited his staff for getting the tax roll submitted  
on-time, accurately, and under budget. He also credited investments in technology  
which allowed staff to process information more expediently. He highlighted the  
measures taken in cyber security and working closely with the Clerk of the Circuit  
Court to initiate the software called Just Appraised, an artificial intelligence that  
transfers the information from a deed to the property record information on the  
Property Appraiser's website.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to accept the Annual Fiscal Report for the Property Appraiser's Office for  
the Year Ended September 30, 2022. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0940  
9.C.  
IRC Sheriff Annual Report  
Recommended Action:  
Attachments: Reversion letter  
Indian River County Sheriff Eric Flowers came before the Board respectfully  
requesting for the General Fund, the amount of $470,916.37 be returned as a Fiscal  
Year (FY) Budget Amendment in order to cover outstanding purchase orders delayed  
due to supply chain demands, and for the Law Enforcement Trust Fund, the amount of  
$112,141.40 be returned to cover the ordered items approved at the August 16, 2022  
Board Meeting. He added the remaining amount of $3,697.60 would go back into the  
County's Fund 112.  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to approve the Sheriff's request for the Fiscal Year 2021/2022 reversion of fees for  
the General Fund in the amount of $470,916.37 and for the Law Enforcement  
Trust Fund in the amount of $112,141.40. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0941  
9.D.  
IRC Supervisor of Elections Annual Report  
[Enter Recommended Action Here]  
Recommended Action:  
Attachments: Excess Fees Memo  
Supervisor of Elections Leslie Rossway Swan began by thanking the Board for their  
support over the last Fiscal Year (FY) 2021/2022, pointing out that the last budget  
year was not only a gubernatorial election cycle, but a redistricting year. She spoke  
of staff spending countless hours redrawing precinct boundary lines, renumbering  
precincts, and utilizing three new polling places, noting the Election office mailed out  
over 118,000 new voter information cards and over 45,000 vote-by-mail ballots for  
the November 8th election. She discussed the past election and took the opportunity  
to recognize and thank her staff, County Attorney Dylan Reingold, Vice Chairman  
Earman, Commissioner Adams, and those who served on the Canvassing Board who  
helped make the election go smoothly.  
Ms. Swan presented the Board with a check for $9,647.56 in returned funds.  
Chairman O'Bryan commended Ms. Swan and her staff for the exemplary way they  
handled elections in the County.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to accept the Annual Fiscal Report for the Supervisor of Elections Office  
for the Year Ended September 30, 2022. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0942  
9.E.  
IRC Clerk of Court and Comptroller Annual Report  
Attachments: IRC Clerk of Circuit Court & Comptroller Annual Report  
Jeffrey R. Smith, Clerk of the Court and Comptroller, wished Chairman O'Bryan the  
best on his retirement and stated that he would be missed. Mr. Smith presented a  
check for $416,152.68 in excess fees for non-court operations. He thanked his staff, as  
well as the Board and County staff for their assistance and supportive relationship.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to accept the Annual Fiscal Report for the Clerk of the Circuit Court and  
Comptroller for the Year Ended September 30, 2022. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0954  
9.F.  
Announcement by Jeffrey R. Smith, Indian River County Clerk of Circuit Court &  
Comptroller, of the GFOA Triple Crown Award for Fiscal Year 2019-2020  
Recommended Action:  
No action required  
Attachments: Finance Department Staff Report  
Jeffrey R. Smith, Clerk of the Court and Comptroller, was pleased to announce Indian  
River County was awarded the Triple Crown Award for Fiscal Year 2019/2020 from  
the Government Finance Officers Association (GFOA) for Excellence in Financial  
Reporting, the Popular Annual Financial Reporting Award, and the Distinguished  
Budget Presentation Award. He commended his staff and Budget Director Kristin  
Daniels and her staff for a job well done.  
No Action Taken or Required  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN  
THE OFFICE OF THE CLERK TO THE BOARD.  
22-0960  
10.A.1.  
Miscellaneous Budget Amendment 10 (Administrative)  
Recommended Action:  
Staff recommends that after the public hearing, the Board of County  
Commissioners approve the budget resolution amending the fiscal year  
2021-2022 budget.  
Attachments: Staff Report  
2021 2022 Resolution  
Exhibit "A"  
NOTICE OF PUBLIC HEARING  
Statute 129.06  
County Administrator Jason Brown stated according to Florida Statute 129.06(2)  
(f) whenever changes to the County's Fiscal Year Budget reflect actual cash  
balance dollars being allocated, a public hearing must be advertised for the  
purpose of hearing comments from the public on the changes to the budget. He  
announced the Miscellaneous Budget Amendment 010 was advertised on Friday,  
November 11, 2022.  
Chairman O'Bryan opened the public hearing. There being no speakers, the  
Chairman closed the hearing.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Moss, to approve Resolution 2022-087, amending the Fiscal Year 2021-2022  
Budget. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0963  
10.A.2.  
Kolter Group Acquisitions LLC’s Request for Conceptual Planned Development  
(PD) Plan and Special Exception Approval and Concurrent Preliminary PD  
Plan/Plat Approval for a Project to be known as Red Tree Cove PD  
[PD-21-11-09 / 2021040075-90718]  
Recommended Action:  
Staff recommends that the that the BCC grant conceptual PD plan and special  
exception approval with the following conditions: 1. Prior to issuance of a land  
development permit for Phase 1, the applicant shall: a. Dedicate all proposed  
right-of-way dedications. b. Pay their fair share contribution toward the future  
17th Street SW bridge crossing. 2. Prior to issuance of a land development  
permit for each project phase, the applicant shall: a. Obtain Public Works  
approval of the final design of the respective off-site improvements including  
paving, drainage, turn lanes, and external sidewalks. b. Obtain Planning staff  
approval of a final landscape and buffer plan. c. Obtain Planning staff approval of  
the final streetlighting design. 3. Prior to or via the final plat process, the applicant  
shall: a. Construct or bond-out the required landscape buffers. b. Construct or  
bond-out the required project streetlighting. c. Dedicate a conservation easement  
in favor of the County over the 1.55 acres of on-site native uplands. 4. Prior to  
issuance of a certificate of completion for each respective phase, the applicant  
shall: a. Construct all required off-site improvements. b. Install all required  
perimeter buffers and project landscape improvements. c. Install all required  
project streetlighting. 5. Internal sidewalks shall be constructed along the frontage  
of common areas and individual lots in accordance with Section 913.09(5)(b)2.  
of the County LDRs.  
Attachments: Staff Report  
Draft 10-13-2022 PZC Minutes  
Location Map  
Aerial  
Conceptual-Preliminary PD Plan  
Landscape Plan  
Chairman O'Bryan introduced the parties for the proceeding as being Indian River  
County and Kolter Group Acquistions LLC. (Applicant). Each Commissioner, as  
requested by the Chairman, disclosed ex parte communications, site visits, or  
independent investigations. The Commissioners also affirmed that they have an  
open mind and can base their decisions on the evidence presented and the  
applicable law.  
The Chairman opened the public hearing. The Deputy Clerk administered the  
Oath to all persons who wished to speak at the hearing.  
Ryan Sweeney, Chief of Current Development, utilized a PowerPoint presentation  
to detail the Planned Development (PD) process, as well as the requirements  
needed to receive special exception and concurrent preliminary PD plan/plat  
approval for the project located on the southwest corner of 13th Street SW and  
43rd Avenue SW. He detailed the proposed development and the general layout  
of the conceptual PD plan for phase I and II of the project.  
Commissioner Moss brought up the concern expressed at the Planning and  
Zoning Commission Meeting regarding traffic in the area of the project. She felt  
the County in the future should look at the number of houses and the traffic  
generated by a proposed development.  
Vice Chairman Earman sought and received confirmation from Chief Sweeney  
that the developer agreed to contribute their fair share of the cost for the future  
17th Street SW bridge crossing, part of the South County Initiative.  
Chairman O'Bryan followed up on Commissioner Moss's question and stated the  
County, through the Metropolitan Planning Organization's 20-year Long Range  
Transportation Plan, looked at growth, future traffic needs, and the land use in the  
area to calculate how many more homes may be developed in the future.  
Jim Vitter, representative from BGE, Inc., on behalf of Kolter Group  
Acquisitions, LLC, stated he was available along with the consultants to answer  
any questions.  
Chief Sweeney commented that the Homeowner Associations within the  
surrounding subdivisions were sent a notice by mail of the public hearing.  
There being no further speakers, the Chairman closed the hearing.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
22-0969  
10.B.1.  
Request to Speak from Dennis Dunlap re: Proposed Unleashed Dog Access on  
Beaches  
Recommended Action:  
No action required  
Attachments: Request to Speak D. Dunlap 11.15.22  
Mr. Dennis Dunlap, resident of Indian River Shores, spoke on the reasons he was  
strongly opposed to the proposed unleashed dog access on beaches.  
No Action Taken or Required  
22-0986  
10.B.2.  
Request to Speak from Robert Christiansen re: Off Leash Dog Beach  
No action required  
Recommended Action:  
Attachments: Request to Speak Christiansen  
Mr. Robert Christiansen, a resident of Indian River Shores, spoke on his fear of  
off-leash dogs. He shared his love of dogs and discussed a couple of encounters  
he had experienced with unleashed dogs, noting there were many responsible pet  
owners, but expressed concern on the irresponsible ones.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
22-0979  
11.A.  
Storm Update  
Recommended Action:  
Provide Update  
Attachments: Storm Update  
County Administrator Jason Brown provided an update on Hurricane Nicole stating  
the County fared well and noted the County's beaches sustained varying amounts of  
damage from wind and swells. In a PowerPoint presentation, he reviewed staff's  
observation reports from Hurricane Nicole, displaying the before and after pictures of  
the impacts to County beaches and facilities.  
County Administrator Brown thanked County staff and other entities who worked  
during the storm. He stated the vegetative waste seemed far less than that of  
Hurricane Ian and asked if the Board wanted to waive the tipping fees at the landfill  
for the debris.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve waiving the tipping fees on debris until November 30, 2022. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
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  
22-0977  
12.G.1.  
Florida Department of Transportation (FDOT) Locally Funded Agreement (LFA)  
for Oslo Road Widening Project FM. No. 431521-1 (IRC-1411)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Locally  
Funded Agreement (LFA) and the Authorizing Resolution for acceptance of the  
LFA and the MMOA and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Locally Funded Agreement FM No. 431521-1-52-02  
Authorizing Resolution  
Public Works Director Rich Szpyrka stated the Florida Department of  
Transportation (FDOT) was in the final stages of design for the Oslo Road  
Widening project. He added the County had requested the four (4) mast arms  
for this project be painted Federal Highway Green, a cost that would be the  
responsibility of the County. He concluded in order to accommodate the request,  
the FDOT had provided the County with a Locally Funded Agreement to provide  
for a lump sum payment of $90,000.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation and Resolution 2022-088,  
authorizing the Chairman's execution of a Locally Funded Agreement (LFA)  
FM NO. 431521-1 with the Florida Department of Transportation for mast arm  
painting and maintenance of mast arms on Oslo Road between 58th and 82nd  
Avenues upon final acceptance by the County of the improvements  
constructed by the Florida Department of Transportation. The motion carried  
by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0987  
12.G.2.  
Change Order No. 1, Construction of Intersection Improvements at SR-60 and  
43rd Avenue, IRC-0853, FDOT FM 431759-2-54-01  
Recommended Action:  
Staff recommends approving Change Order No. 1 authorizing the addition of  
87-days of Contract time and additional funding in the amount of $863,685.50.  
The new total contract price will be $14,505,274.77.  
Attachments: Staff Report  
Change Order No. 1  
Chairman O'Bryan sought and received information on an estimated date for the  
completion of the intersection improvements at State Road (SR) 60 and 43rd  
Avenue from Public Works Director Rich Szpyrka.  
Director Szpyrka presented a change order in the amount of $863,685.50, noting  
$403,538.00 of the amount was to compensate the contractor Timothy Rose  
Contracting, Inc. for the repair of the Florida Department of Transportation's  
(FDOT) SR-60 drainage trunk line and to add 87 days to the contract time.  
Additionally, due to the delays of unplanned repairs, there was a price adjustment  
in the amount of $460,147.50 for the increase in material costs due to the recent  
volatility in prices.  
Vice Chairman Earman acknowledged the difficulties staff and the contractor had  
endured with the delays and appreciated Director Szpyrka and staff 's hard work  
on the project.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
22-0975  
13.A.  
Demolition Lien - 1705 45th Ave, Vero Beach, FL 32966  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners waive 90% of the accrued interest, so long as the lien and  
10% of the outstanding interest for a total of $6,334.86 is paid within 60 days and  
that once paid, the Board authorizes the Chairman to execute a release of the lien.  
Attachments: Staff Report  
Demolition Lien  
Assistant County Attorney Susan Prado recalled that on December 11, 2013, a lien  
was recorded for the costs of a demolition at 1705 45th Avenue, and as of  
November 15, 2022, the costs of demolition and interest totaled $9,796.76. She  
stated the new owner of the property had contacted the Attorney's office and inquired  
on a lien reduction. She concluded that consistent with recent practice, the County  
Attorney's office recommended that the Board waive 90% of the accrued interest, if  
the lien and the remaining 10% of the interest was paid within 60 days in the amount  
of $6,334.86.  
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to  
approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
B. Commissioner Joseph H. Earman, Vice Chairman  
22-0823  
14.B.1.  
Proposal for Revised Beach Renourishment Project Easement  
Discuss  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Draft Easement  
Vice Chairman Earman recalled that at the March 8, 2022 meeting, the Board  
elected to postpone the Sector 7 Beach Renourishment Project due to a lack of  
sufficient signed easements. He continued, at the August 16th meeting, it was the  
Board's consensus for Vice Chairman Earman to begin meeting with the individual  
Sector 7 homeowners to gather information on how they felt the County could  
best protect the beaches from erosion. He proposed an updated version of a  
previously-used easement from the year 2009.  
Vice Chairman Earman sought approval from the Board to take the revised  
easement proposal back to the Beach and Shore Preservation Advisory  
Committee (BSPAC) for their input.  
In response to a question by Commissioner Adams, County Attorney Dylan  
Reingold stated the difference between the proposed easement and the original  
easement was the removal of the broader customary-use language replaced by  
the reference to Section 161.141, Florida Statutes.  
Commissioner Adams expressed her concern with the drastic language change  
compared to the other easements obtained by the County, noting customary-use  
law had changed since 2009. She felt the County should be consistent across the  
whole beach management program and that it was not necessary to make  
accommodations for a project with no public access.  
A discussion followed on a Board policy to replace the easement agreements  
from previous beach restoration projects and allow those individuals who had  
already signed an agreement the opportunity to sign the new easement. The  
Board was in agreement to wait for input from the Beach and Shore Preservation  
Advisory Committee and then bring it back to the Board at a future meeting for  
further discussion.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve taking the proposal for the revised beach renourishment  
project easement to the Beach and Shore Preservation Advisory Committee,  
then bring it back to the Board at a future meeting. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
C. Commissioner Susan Adams  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
B. Solid Waste Disposal District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Solid Waste Disposal District. The minutes will be approved at an  
upcoming Solid Waste Disposal District meeting.  
22-0970  
15.B.1.  
Solid Waste and Recycling Collection Procurement Services by Kessler  
Consulting, Inc  
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  
Attachments: Staff Report  
Proposal from Kessler Consulting  
Sample Agreement  
Solid Waste Disposal District (SWDD) Director Himanshu Mehta presented an  
agreement with Kessler Consulting, Inc. for their assistance in the procurement  
process for collection, transportation, and disposal services for regulated solid  
waste in unincorporated Indian River County, and recycling services. He stated  
the County has an exclusive residential and commercial franchise agreement with  
Waste Management Inc. of Florida which expires on September 30, 2025, and  
pointed out the County Code limits a franchise agreement to a maximum of 10  
years. He continued, in preparation, staff was looking at getting the competitive  
procurement process finalized to allow ample time for the future vendor to  
prepare.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0971  
15.B.2.  
Approval for Off-Site Disposal of Concentrated Leachate Cost Increase  
Recommended Action:  
Staff recommends approval from the Solid Waste Disposal District Board to  
coordinate with the Purchasing Department to amend Purchase Order #94938 to  
Aqua Clean, Inc. with the new rate of $0.26 per gallon to transport and dispose  
of the concentrated leachate  
Attachments: Staff Report  
Letter from Aqua Clean  
There was no discussion on this item.  
A motion was made by Commissioner Flescher, seconded by Chairman  
O'Bryan, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
The Board of Commissioners adjourned the Solid Waste Disposal District meeting.  
The Chairman called a recess at 11:02 a.m., and reconvened at 11:10 a.m. as the  
Board of County Commissioners with all members present, resuming the meeting with  
Item 5.A., Presentation of Proclamation Honoring Peter D. O'Bryan on his retirement.  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman for the last time adjourned the meeting  
at 12:36 p.m.