Indian River County Florida  
Indian River County Administration Complex  
1801 27th Street, Building A  
Vero Beach, Florida, 32960-3388  
Meeting Minutes - Final  
Tuesday, March 28, 2023  
9:00 AM  
Commission Chambers  
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  
Michael C. Zito, Interim County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
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 Ardra Rigby, New Bethel AME Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Deryl Loar  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Agenda as presented. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Announcement of Renewal of HUD High Performer  
Community Development Director Phil Matson provided an overview of federal, state  
and local affordable housing initiatives along with nonprofit partnerships. He then  
introduced Robin Miller, Director of Section 8 Programs, and congratulated her  
department for being awarded the High Performer distinction from the Department of  
Housing and Urban Development (HUD).  
Ms. Miller thanked her staff before presenting the Board with an overview of the  
Federal Housing Choice Voucher Programs, available through the County's Rental  
Assistance Department. Included in her presentation was a review of the programs,  
details of the process, high performer advantages, priorities, success rates, and goals.  
The Commissioners expressed appreciation for the hard work and dedication of Ms.  
Miller and her staff.  
Presented  
5.B.  
Presentation of Proclamation Honoring Anthony Consalo on His Retirement from the  
Indian River County Sheriff’s Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Captain Anthony "Tony" Consalo was joined by his family as he accepted accolades  
for his twenty-seven-year career with the Indian River County Sheriff's Department.  
He vowed to continue serving the community through his retirement. The  
Commissioners and staff praised Captain Consalo's work, commitment, and service  
to the community.  
Read and Presented by Commissioner Loar  
5.C.  
Presentation of Proclamation Honoring Paul Fafeita on Lifetime of Service to Indian  
River County  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
The Board commended Paul Fafeita with heartfelt thanks for his years of service to  
Indian River County, from his time as a Sheriff's Deputy to his years as an advocate  
for the betterment of the environment through the Indian River Clean Water Coalition.  
Mr. Fafeita urged the Board to keep working toward improving the health of the  
Indian River Lagoon as he announced he would be leaving Florida. Michael  
Johannsen recounted his experience working with Mr. Fafeita on lagoon-related  
projects.  
Read and Presented by Chairman Earman  
5.D.  
Presentation of Proclamation - Recognizing Indian River County as a Moonshot  
Community for Literacy  
Recommended Action:  
Read & Present.  
Attachments: Proclamation  
Ray Oglethorpe, Chairman of the Board and founder of The Learning Alliance,  
discussed the importance of reading skills, and the County's goal to achieve 90  
percent literacy among third graders. He recounted the success of the Moonshot  
Moment program in raising the County's literacy rank state-wide, and warned of the  
ramifications for below-average literacy in children.  
Commissioner Moss announced an event to benefit the Moonshot Moment program at  
Riverside Park on April 29, 2023.  
Read and Presented by Vice Chairman Adams  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve the Regular Meeting Minutes of January 31, 2023, and  
February 7, 2023, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
6.A.  
Regular Meeting of January 31, 2023  
Approve  
Recommended Action:  
Approved  
6.B.  
Regular Meeting of February 7, 2023  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Distinguished Budget Presentation Award  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
Director of Management and Budget Kristin Daniels appeared before the Board to  
accept recognition for having received the Distinguished Budget Presentation Award  
from the Government Finance Officers Association for the 32nd consecutive year.  
No Action Taken or Required  
7.B.  
District #3 Appointee to the Environmental Lands Acquisition Panel (ELAP)  
Inform  
Recommended Action:  
Chairman Earman announced Calvin D. Reams would be the District 3 appointee to  
the Environmental Lands Acquisition Panel (ELAP). The Chairman encouraged his  
fellow commissioners to submit their district appointees as soon as possible.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,  
to approve the Consent Agenda as amended, pulling Item 8.R. for discussion. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.A.  
8.B.  
8.C.  
Checks and Electronic Payments February 24, 2023 to March 2, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of February 24, 2023 to March 2, 2023  
Approved  
Checks and Electronic Payments March 3, 2023 to March 9, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of March 3, 2023 to March 9, 2023  
Approved  
Checks and Electronic Payments March 10, 2023 to March 16, 2023  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of March 10, 2023 to March 16, 2023  
Approved  
8.D.  
8.E.  
8.F.  
Quarterly OPEB Trust Report for the Quarter Ending 12/31/22  
Accept the report  
Recommended Action:  
Attachments: OPEB Report  
Accepted  
Quarterly Investment Report for the Quarter Ending 12/31/22  
Accept the report  
Recommended Action:  
Accepted  
Quarterly Tourist Development Tax Report for the Quarter Ending 12/31/22  
Recommended Action:  
Accept the report  
Accepted  
8.G.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 12/31/22  
Accept the report  
Recommended Action:  
Accepted  
8.H.  
Award of Bid 2023021 - Replacement Pontoon Boat Dock at the Environmental  
Learning Center (Re-bid)  
Recommended Action:  
Staff recommends the Board award Bid 2023021 to Indian River Docks, LLC,  
approve the agreement, and authorize the Chairman to execute it after approval by the  
County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
Designation of Excess Equipment as Surplus and Authorization for Disposal  
Recommended Action:  
Staff recommends the Board declare the items on the Excess List for 032823 Agenda  
as surplus, and authorize their disposal.  
Approved staff's recommendation  
8.J.  
Award of RFP 2023029 Sandridge Golf Cart Fleet Replacement  
Recommended Action:  
Staff recommends the Board approve the final ranking of suppliers, cart selection, and  
purchase price, as determined by the committee, and authorize the Purchasing  
Manager to sign the attached sales order with Yamaha to facilitate the fleet update,  
including the addition of any accessories requested by Sandridge and approved by  
Budget. Staff also recommends the Board declare the 160 carts and single driving  
range cart as excess equipment upon delivery of the new carts, and authorize their  
trade in to Yamaha as indicated in the RFP.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
Final Ranking of Firms and Authorization to Negotiate - RFQ 2023031 for  
Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion,  
and Cell Construction  
Recommended Action:  
Staff Recommends the Board approve the final ranking of firms, and authorize  
negotiation with the top ranked firm in accordance with FS 287.055, and the  
subsequently ranked firms, should negotiations with the top ranked firm fail.  
Attachments: Staff Report  
Approved staff's recommendation and the following ranking of firms: 1)  
Geosyntec Consultants, Inc.; 2) Jones Edmunds and Associates, Inc.; and 3) Tetra  
Tech, Inc.  
8.L.  
Adoption of Modifications to Purchasing Manual  
Recommended Action:  
Staff recommends the Board note its concurrence with the changes approved by the  
Interim County Administrator.  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Rejection of Bid 2023028 for Street Sweeping  
Recommended Action:  
Staff recommends the Board reject bid 2023028 and authorize the Purchasing  
Division to rebid.  
Attachments: Staff Report  
Approved staff's recommendation  
8.N.  
Fourth of July Fireworks Funding  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve funding the  
firework displays for the Cities of Sebastian and Vero Beach in the amount of $2,500  
each. Staff also recommends that each of the cities appropriate and pay an equal  
amount up to $2,500 and the County will match that amount, up to $2,500 each, after  
the cities pay their share.  
Attachments: Staff Report  
Approved staff's recommendation  
8.O.  
Termination of Bid 2023024 - Annual Bid for Bulk Carbon Dioxide for Water  
Treatment Plants  
Recommended Action:  
Staff recommends the Board reject the award of bid 2023024 to Airgas USA, and  
authorize staff to rebid, and piggyback the City of Edgewater bid in the interim.  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
Final Ranking of Firms and Authorization to Negotiate - RFQ 2023017 WRWWTF  
Reuse Storage Tank and Pump Station Engineering Consulting Services  
Recommended Action:  
Staff recommends the Board approve the Committee’s final ranking and authorize  
negotiations with the top ranked firm in accordance with FS 287.055, and the  
subsequently ranked firms, should negotiations with the top ranked firm fail.  
Attachments: Staff Report  
Approved staff's recommendation and the following ranking of firms: 1)  
Kimley-Horn and Associates, Inc.; 2) Infrastructure Solution Services, LLC; 3)  
Atkins North America, Inc.; and 4) Masteller & Moler, Inc.  
8.Q.  
Appointments to the Economic Opportunities Council of Indian River County, Inc.  
Recommended Action:  
The County Attorney recommends that the Board reappoint Teddy Floyd, Jeanette  
Anderson, Leonard Frankel and Nancy McCurry to the Economic Opportunities  
Council of Indian River County, Inc.  
Attachments: Staff Report  
Approved staff's recommendation  
8.R.  
Right-of-Way Consent Agreement for Construction of the Trans-Florida Railroad  
Trail through FP&L Easement  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the  
Right-of-Way Consent Agreement and direct staff to submit to FP&L for final  
execution.  
Attachments: Staff Report  
Vice Chairman Adams was excited to note that this project would complete the  
Trans-Florida Railroad Trail (Trail), which was awarded to the County by the Florida  
Department of Transportation under the Rails to Trails Program. Director of  
Community Development Phil Matson commended MPO staff for hammering out the  
consent agreement, and expressed enthusiasm for the Trail.  
A motion was made by Vice Chairman Adams, seconded by Commissioner Moss,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
8.S.  
Award of RFQ No. 2022072 (IRC-1505B) CEI Services for 66th Avenue (69th  
Street to CR-510/85th Street)  
Recommended Action:  
Staff recommends approval of Agreement with Consor Engineers, LLC, authorizing  
the professional services as outlined in the Scope of Services and requests the Board  
authorize the Chairman to execute Agreement on their behalf for a lump sum amount  
of $2,998,953.39  
Attachments: Staff Report  
Approved staff's recommendation  
8.T.  
Approval of Facilities Relocation Agreement between Indian River County and  
Florida Power and Light Company for the Relocation of Transmission Facilities  
Required for Construction of 66th Avenue Phase 1B (IRC-1505B)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the FPL Facilities  
Relocation Agreement and the FPL Memorandum of Facilities Relocation Agreement  
for the widening of 66th Avenue Phase B from 69th Street to SR-510/85th Street and  
have the Chairman execute the same.  
Attachments: Staff Report  
Approved staff's recommendation  
8.U.  
Work Order No. 3 - Morgan & Eklund, Inc. 2023 Beach Profile Monitoring Surveys  
(SUMMER)  
Recommended Action:  
The recommendation of staff is for the BCC to approve Work Order No. 3 to the  
Professional Land Surveying and Mapping Services contract with Morgan and  
Eklund, Inc., in the amount of $74,400.50 and authorize the Chairman to sign two (2)  
copies of the Work Order on behalf of the County  
Attachments: Staff Report  
Approved staff's recommendation  
8.V.  
Final Payment to National Metering Services, Inc.  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the payment in  
the amount of $148,532.55, which represents reimbursement of two months’ rent in  
the amount of $22,263.32 and release of retainage in the amount of $126,269.23 to  
National Metering Services, Inc.  
Attachments: Staff Report  
Approved staff's recommendation  
8.W.  
Griffon Residences, LLC dba Crest Griffon, LLC Developer’s Agreement  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Griffon  
Residences, LLC. Developer’s Agreement with the County, and authorize the  
Chairman to execute the agreement to commit the county to a cost share in the  
amount of $42,000.00 for the work to be performed in the agreement  
Attachments: Staff Report  
Approved staff's recommendation  
8.X.  
West Wabasso Phase 3 Septic to Sewer (S2S) Approval of FDEP Cost-Share  
Funding Agreement  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the Director of  
Utility Services to sign the Florida Department of Environmental Protection Grant  
Agreement WG023 and all necessary documents in order to effectuate the grant  
agreement  
Attachments: Staff Report  
Approved staff's recommendation  
8.Y.  
Amendment 2 to the Lost Tree Preserve , LLC, Developers Agreement  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the amendment  
#2 to the Developers Agreement with Lost Tree Preserve, LLC., and authorize the  
Chairman to execute the amendment to the agreement on their behalf  
Attachments: Staff Report  
Approved staff's recommendation  
8.Z.  
Final Pay to CDM Smith for Work Order No. 5, Groundwater Modeling and Impact  
Evaluations  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the payment in  
the amount of $12,910.87, which represents final payment of Work Order No. 5,  
with amendments, to CDM Smith  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Indian River County Tax Collector Carole Jean Jordan re: Delinquent Tax Advertising  
Discussion  
Recommended Action:  
Indian River County Tax Collector Carole Jean Jordan was joined by Jordan Abbey,  
Manager of Taxes and Licenses, to request the Board's approval to publish the annual  
delinquent tax advertisements in the Hometown News newspaper. Ms. Jordan  
informed that the Hometown News met the statutory requirements and would save  
almost $13,000 versus publishing in the Indian River Press Journal.  
A motion was made by Commissioner Loar, seconded by Commissioner Flescher,  
to approve the request from Indian River County Tax Collector Carole Jean  
Jordan to switch to the Hometown News newspaper for publication of annual  
delinquent tax advertisements. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
10.A.1.  
Residency Restrictions for Registered Sex Offenders (LEGISLATIVE)  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners open the public hearing, take any public comment, close  
the public hearing and approve the ordinance amending Indian River County  
Code of Ordinances pertaining to residency restrictions for registered sex  
offenders.  
Attachments: Staff Report  
County Attorney Dylan Reingold recounted the Board's decision at its September  
20, 2022 regular meeting, which directed his office to work with the Sheriff's  
Department on modifying residency restrictions for sexual offenders. Attorney  
Reingold advised that the proposed Ordinance would add definitions for various  
terms under section 306.06 of the Indian River County Code of Ordinances.  
The Chairman opened the public hearing for comments. There being none, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Loar, seconded by Commissioner  
Flescher, to adopt Ordinance 2023-005, amending Section 306.06 (Residency  
Restrictions for Registered Sex Offenders) and creating Section 306.065  
(Prohibitions, Exceptions and Penalties) of Chapter 306 (Miscellaneous  
Offenses And Programs) of the Code of Indian River County in order to update  
terms and definitions; providing for conflict and severability; providing for  
codification; and providing for an effective date. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from Bill and Ardra Rigby, West Wabasso Progressive Civic  
League re: Shared Usage of the Old Douglas School Building  
Mr. Bill Rigby and Mr. Ardra Rigby, West Wabasso Progressive Civic Club  
(Club), appeared before the Board to discuss the agreement for the Club's  
monthly use of the Old Douglas School Building (formerly Dasie Hope Center).  
The Rigbys requested an explanation of the term "shared usage", and expressed  
frustration with communication regarding the Board's decision to have the Health  
Department lease and move into the facility.  
County Attorney Dylan Reingold referred to the Board's meeting of May 10,  
2022, where the Rigbys were present while the Health Department's lease was  
discussed, and described the standard facility use agreement the Club received.  
Mr. Ardra Rigby again expressed frustration regarding communication, and felt his  
protests were ignored.  
Discussion with staff returned to the topics of shared usage, the state-mandated  
requirement for liability insurance, and an explanation of permissive use. Chairman  
Earman suggested the Rigbys work directly with the Health Department to resolve  
their use agreement issues. Attorney Reingold posited the Club was unhappy with  
Health Department's prohibition against political events, and were attempting to  
relitigate the 2022 decision.  
The Rigbys continued to express frustration with the Health Department's lease  
and shared use rights, and suggested the Club was receiving differential treatment.  
Chairman Earman advised the use agreement's terms were state-mandated and  
not subject to change. The Chairman then called for an end to the discussion.  
No Action Taken or Required  
The Chairman called for a recess at 10:34 a.m., and reconvened the meeting at 10:47  
a.m., with all members present.  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
12.A.1.  
Consideration of Roadway Jurisdictional Transfers to the Florida Department of  
Transportation  
Recommended Action:  
Staff recommends that the Board of County Commissioners authorize staff to  
begin the process of transferring jurisdiction for CR 510 (from CR 512 to US 1),  
CR 512 (from I-95 to CR 510), and Oslo Road (from I-95 to US 1) to FDOT.  
Attachments: Staff Report  
Community Development Director Phil Matson used a PowerPoint presentation in  
his request for the Board's approval of roadway jurisdictional transfers to the  
Florida Department of Transportation (FDOT). Mr. Matson provided an  
overview of the MPO's Transportation Improvement Program (TIP) which  
planned the use of federal and state dollars to fund major roadway projects. He  
noted that with the exception of a few state-owned roads, roadways were  
maintained with County funds.  
Mr. Matson reported that staff and the FDOT have long been in discussion to  
transfer a selection of roads onto the state highway system in the interest of equity;  
the proposed roads were County Road (CR)510, CR512 from I-95 to US1, and  
Oslo Road from I-95 to US1 (CR606). He noted the benefits of relinquishing the  
roads to FDOT included increased access to gas tax funding, and transfer of  
costs to FDOT for future maintenance and resurfacing.  
Under discussion, the Board expressed their approval and received confirmation  
from Mr. Matson that the only downside would be minimal loss of local permitting  
control, but the benefits outweighed it. He estimated the process would take six  
(6) months from draft agreement to final approval.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
12.A.2.  
Application for a Federal Transit Administration Grant for Low or No Emission  
Buses  
Recommended Action:  
Staff recommends that the Board of County Commissioners consider the  
presentation and provide direction to staff on application to FTA’s Low or No  
Emission Program.  
Attachments: Staff Report  
MPO Staff Director Brian Freeman was joined by Karen Deigl, CEO, Senior  
Resource Association, to discuss applying for a new Federal Transit  
Administration (FTA) grant to transition the county's buses from gas to no/low  
emissions (electric).  
Ms. Deigl used a PowerPoint presentation to provide an overview of the County's  
GoLine and Community Coach systems, which received most of their funding  
from the FTA. She noted that the FTA would require no/low emission vehicles by  
2035, and replacement of the fleet was included in the MPO's Development Plan.  
She presented findings from government consultant Calstart, and an analysis of the  
conversion considerations and costs to switch to an electric bus fleet. She  
encouraged the Board to approve application for this grant in order to take  
advantage of federal dollars.  
The Board expressed their support for the grant application and thanked Ms.  
Deigl for her proactive presentation.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Adams, to approve application to the Federal Transit Administration's Low or  
No Emission Program. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
12.G.1.  
FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1  
and Resolution for Construction (Milling and Resurfacing) and Construction  
Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from  
Merrill Barber Bridge to 53rd Street.  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Small  
County Outreach Program (SCOP) Supplemental Agreement No. 1 and  
Resolution and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Public Works Director Richard Szpyrka presented the Small County Outreach  
Program (SCOP) supplemental agreement from the Florida Department of  
Transportation (FDOT), which would increase funding to the roadwork project  
by $475,818.  
Director Szpyrka made mention that his department's staff was able to find a way  
to increase the width of the bike lanes to 6 feet along this stretch of Indian River  
Boulevard from the Merrill Barber Bridge to 53rd Street (CR603). The Board  
thanked Director Szpyrka for addressing the concerns of the bicycle-riding  
community.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Loar, to approve staff's recommendation and Resolution 2023-011,  
authorizing the Chairman’s execution of Small County Outreach Program  
(SCOP) Supplemental Agreement No. 1 with the Florida Department of  
Transportation for Construction (Milling And Resurfacing) and Construction  
Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from  
Merrill Barber Bridge to 53rd Street. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Offer of Judgment for a Parcel of Right-Of-Way Located at 6600 65th Street, Vero  
Beach, Owned by Harish and Deepti Sadhwani  
Recommended Action:  
Staff recommends the Board approve an Offer of Judgment to the Sadhwanis in the  
amount of $485,000.  
Attachments: Staff Report  
Deputy County Attorney Bill DeBraal referred to a photograph of the property  
owned by Harish and Deepti Sadhwani as he recounted details of the Agreed Order  
of Take entered by the Court on December 21, 2020, in the County's Eminent  
Domain lawsuit against the Sadhwanis. He informed the Board that the County's  
appraiser estimated the total compensation value of the area of take to be $379,500  
for the land, improvements, and damages. The Sadhwhani's submitted an appraisal of  
$1,803,725 for total compensation.  
Attorney DeBraal then outlined possible steps forward. Staff sought approval to make  
an Offer of Judgment of $485,000 to the Sadhwanis. He advised the County  
Attorney's office was simultaneously pursuing mediation and preparing for a possible  
trial should mediation fail.  
Under discussion, staff clarified the reason for offering more than the original estimate  
was to set a benchmark in the event of litigation, which the County sought to  
disincentivize, and was not a reflection of the property's value. Additionally, it was  
noted that during mediation the settlement amount could differ from the Offer of  
Judgment. In response to the Board's question, Attorney DeBraal informed this item  
did not affect the progress of roadwork, as the County had ownership of the property  
while compensation was being negotiated.  
A motion was made by Commissioner Loar, seconded by Chairman Earman, to  
approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner  
Loar, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph H. Earman, Chairman  
B. Commissioner Susan Adams, Vice Chairman  
14.B.1.  
82nd Avenue Road Conditions  
Request discussion and support  
Recommended Action:  
Vice Chairman Adams requested the Board's consideration in finding a solution to  
the chronically deteriorated roadway conditions on 82nd Avenue's southern end  
from 69th Street down to 26th Street. The Commissioner provided context  
regarding this stretch of the historic Citrus Highway which included an unsigned  
Sebastian River Improvement District (SRID) easement, a history of County  
maintenance, and probable turnover to FDOT. She explained the urgency of the  
present hazardous conditions, and forecast increased traffic from 82nd Avenue’s  
north-end extension to CR510. The Vice Chairman presented an estimate from a  
group of landowners to chip seal the road at a cost of $350,000, with a $50,000  
contribution from the landowners. Given the convoluted history and ownership,  
Vice Chairman Adams requested Board input on solutions to fix the road.  
County Attorney Dylan Reingold noted an Interlocal Agreement (ILA) with the  
SRID to chip seal the road was an option, as was done in December of 2021. He  
also addressed Florida Statute 95.361, previously mentioned by the Board, which  
provided that the County could use the maintenance map process to turn this  
stretch of 82nd Avenue into a public road since the County had maintained it for  
the past seven (7) years as required.  
Public Works Director Richard Szpyrka informed that the FDOT construction of  
82nd Avenue’s north-end extension would be complete in 2026-2027; there was  
no FDOT funding in place for reconstruction of the south end. Director Szpyrka  
discussed the proposal from the landowners, but he could not affirm the longevity  
of the chip seal process under the strain of heavy machinery from the sand mines  
and increased traffic. His recommendation was to grade the dirt/rock road in the  
short term, and to start work on engineering a long-term solution that would last.  
As the discussion continued, the Board reviewed whether the County or SRID  
should manage a short-term solution, the mines’ maintenance responsibility to the  
road, possible funding options under SRID ownership, the pursuit of long-term  
solutions, and the possibility of County-ownership through the maintenance map  
process.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher, to move forward with the chip seal short-term fix, and to have County  
Attorney Reingold draft an ILA to specify responsibilities. Under additional  
clarification discussions, the motion was refined to direct Public Works to make  
the road traversable and grade the road regularly in the short-term;  
simultaneously, the County would pursue ownership of the road to protect the  
taxpayer’s investment and ensure public safety.  
The following people spoke on the needs of 82nd Avenue:  
Tom Hammond  
Dee Orr  
Todd Wood  
Wesley Davis  
Following the vote, Vice Chairman Adams requested information on the permits  
which required the sand mines to maintain the road. Director Szpyrka informed  
that the mines had permit requirements to grade the roadway and fix potholes. He  
added that since Public Works would be making the road gradable, code  
enforcement could then pursue adherence to the mines’ roadway responsibilities.  
County Attorney Reingold reiterated that he planned to reach out to SRID  
regarding long-term solutions to maintain 82nd Avenue.  
A motion was made by Vice Chairman Adams, seconded by Commissioner  
Flescher to direct the Public Works staff to move forward with a plan to  
stabilize and maintain the south end of 82nd Avenue to make it safely  
traversable. Staff would return before the Board to discuss options for a long  
term stability solution for the south portion of 82nd Avenue in advance of the  
Florida Department of Transportation's (FDOT) work on the north end of the  
avenue. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Earman, Vice Chairman Adams, Commissioner Flescher,  
Commissioner Loar, and Commissioner Moss  
C. Commissioner Joseph E. Flescher  
D. Commissioner Deryl Loar  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
B. Solid Waste Disposal District  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:46 p.m.