Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
Board of County Commissioners  
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, June 14, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
4 -  
Present:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
1 - Commissioner Laura Moss  
Excused:  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Chaplain Chad Elberson, Indian River Estates West  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Move: Consent Agenda Item 8.G. to County Administrator Matters Item 11.B.  
Moved: Consent Agenda Item 8.G. to County Administrator Matters Item 11.B.  
Added: Approval for Commissioner Moss to vote on agenda items via Zoom at  
June 14, 2022 Meeting  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Agenda as amended. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Excused:  
Commissioner Moss appeared via Zoom, and the Chairman recalled at the June 7,  
2022 meeting, the Board agreed to allow Commissioner Moss to participate and vote  
via video conference. The Chairman sought and received confirmation from  
Commissioner Moss that she would be present for the July 21, 2022 Board meeting.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve Commissioner Moss to vote on Agenda items via video  
conference at the June 14, 2022 Board Meeting. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Excused:  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Presentation of Proclamation Establishing June 16th, 2022 As National Dump the  
Pump Day  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
A Proclamation establishing June 16, 2022 as National Dump the Pump Day was  
presented to Karen Deigl, President and CEO, Senior Resource Association (SRA),  
Emily Snow, Business Development Director, and Chris Stephenson, Transportation  
Mobility Management Director. Ms. Deigl showed a training video used by SRA for  
individuals traveling on GoLine called, GoLine - Getting you there! She announced  
the Dump the Pump event taking place on June 16, 2022, inviting the Board and the  
community to experience bus ridership and encouraged individuals to ride public  
transportation. Mr. Stephenson, in response to a question by Chairman O'Bryan,  
stated that the GoLine was experiencing an increase in ridership with the rising gas  
prices. Commissioner Flescher stated he has taken some unannounced rides and  
from his personal experience, it has been nothing but positive.  
Presented by Vice Chairman Earman  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Proclamation Honoring Kenneth A. Houston on His Retirement From Indian River  
County Board of County Commissioners Department of Utility Services / Customer  
Service Division with Nineteen Years of Service  
Attachments: Proclamation  
Chairman O'Bryan acknowledged Mr. Kenneth Houston for his nineteen years of  
service to the County.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams to approve the Consent Agenda as amended, pulling items 8.J. and 8.K.  
for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
8.A.  
Authorization of Interstate Cooperation Contract (ICC) with the State of Texas  
Recommended Action:  
Staff recommends the Board authorize the Chairman to execute the Interstate  
Cooperation Contract, and authorize the Purchasing Manager to execute any services  
agreements necessary to authorize work under the contracts awarded by the Texas  
DIR, after approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.B.  
First Extension and Modification to Agreements for Utilities Labor Contract (RFP  
2020039)  
Recommended Action:  
Staff recommends the Board approve the first extensions and modifications to the  
agreements with CK Contractors & Development, LLC, and Hinterland Group, Inc.,  
and authorize the Chairman to sign them after the County Attorney’s approval of the  
agreement as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.C.  
Second Extension and First Amendment to Agreement for Asphalt Paving and  
Resurfacing (2020042)  
Recommended Action:  
Staff recommends the Board approve the second extension and first amendment to  
the agreement with C.W. Roberts Contracting, Inc., and authorize the Chairman to  
sign it after approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.D.  
Award of Annual Bid 2022048 for Mowing at Fire Rescue Stations  
Recommended Action:  
Staff recommends the Board award bid 2022048 to Taking Ground Lawn and  
Landscape, LLC, authorize the Purchasing Division to issue blanket purchase orders  
to the awarded bidder after receipt and approval of the required insurance by the  
Risk Manager, and authorize the Purchasing Manager to renew this bid for two (2)  
additional one (1) year periods subject to satisfactory performance, vendor  
acceptance, and the determination that renewal of this annual bid is in the best interest  
of Indian River County.  
Attachments: Staff Report  
Approved staff's recommendation  
8.E.  
Authorization to Terminate Agreement for Medical Services for Special Needs  
Shelter with Creative Solutions Companion Care Service, LLC  
Recommended Action:  
Staff recommends the Board authorize the termination of the current agreement for  
Medical Services for Special Needs Shelter, effective immediately.  
Attachments: Staff Report  
Approved staff's recommendation  
8.F.  
Approval of Extension of Memorandum of Understanding between Humane Society  
Vero Beach & Indian River County Florida Inc., and the Indian River County Board  
of County Commissioners  
Recommended Action:  
Staff recommends the Board approve and authorize the Chairman to execute the  
Extension of Memorandum of Understanding for Animal Shelter Services.  
Attachments: Staff Report  
Approved staff's recommendation  
8.G. Automobile Allowance Adjustment  
Moved to County Administrator Matters as Item 11.B.  
8.H.  
Amendment No. 1 to Work Order No. 8, Kimley-Horn & Associates, Inc., 69th  
Street From 66th Avenue to SR5/US-1 Resurfacing (IRC-1639)  
Recommended Action:  
Staff recommends approval of Amendment No. 1 to Work Order No. 8 to  
Kimley-Horn & Associates, Inc., authorizing the professional services as outlined in  
the Scope of Services and requests the Board of County Commissioners authorize the  
Chairman to execute Amendment No. 1 to Work Order No. 8 on their behalf for a  
total lump sum amount of $20,000.  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
FDOT Small County Outreach Program (SCOP) Supplemental Agreement No. 1  
and Authorizing Resolution Construction and Construction and Engineering Inspection  
(CEI) Services for Milling and Resurfacing 6th Avenue from SR-5/US-1 to 21st  
Street - Project No. IRC-1638, FM No. 438074-1-54-01  
Recommended Action:  
Staff recommends the Board approve the FDOT SCOP Supplemental Agreement  
No. 1 (FM No. 438074-1-54-01) and Resolution and authorize the Chairman to  
execute the same.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2022-031, 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  
for 6th Avenue from SR-5/US-1 to 21st Street.  
8.J.  
FDOT Transportation Regional Incentive Program (TRIP) Agreement 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. 436379-2-54-01  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Transportation  
Regional Incentive Program (TRIP) Agreement and Resolution and authorize the  
Chairman to execute the same.  
Attachments: Staff Report  
Chairman O'Bryan referred to the staff memorandum dated June 6, 2022, in regard to  
the Transportation Regional Incentive Program (TRIP) from the Florida Department  
of Transportation (FDOT) for construction engineering inspection services for 66th  
Avenue from 69th Street to CR-510/85th Street, and pointed out the cost of the  
project in the amount of $15,708,271.04 does not include the purchase of  
right-of-ways. He conveyed his thoughts on keeping the costs down when the  
County starts purchasing the right-of-ways for the next phase of the widening of 66th  
Avenue.  
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to  
approve staff's recommendation and Resolution 2022-032, authorizing the  
Chairman's execution of a Transportation Regional Incentive Program  
Agreement with the Florida Department of Transportation for 66th Avenue  
Roadway widening from 69th Street to CR-510/85th Street and construction  
engineering inspection (CEI) services. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
8.K.  
Work Order No. 9 - Kimley-Horn and Associates Upper Floridan Aquifer Modeling  
& Consumptive Use Permit Modification  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order  
No. 9 with Kimley-Horn and Associates, Inc., for the amount of $90,300.00 for this  
year’s portion, Fiscal Year (FY) 21-22, and the amount of $96,092.00 and $200.00,  
which will be paid in FY 22-23, and authorize the Chairman to execute the same, as  
presented  
Attachments: Staff Report  
Commissioner Moss detailed the Work Order for Kimley-Horn for the evaluation of  
wells and to identify new sources of water within the County to meet future needs.  
She recalled a discussion by the Board last year in regard to the US Geological  
Survey (USGS), and that it was the consensus of the Board to hold off and wait until  
the study by St. Johns River Water Management District was finalized and presented.  
She opined the USGS was an excellent source for this kind of information and would  
be a good partner in the endeavor, and she preferred to use USGS for 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:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
8.L.  
Amended and Restated Interlocal Agreement with School Board of Indian River  
County Public Shelter Buildings for Declared and Local Emergencies  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the Amended and Restated Interlocal Agreement  
Between the Indian River County Board of Commissioners and the School Board of  
Indian River County Concerning Use of Facilities As Public Shelter Buildings for  
Declared and Local Emergencies.  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Resolution Cancelling Taxes on Property Purchased by the City of Fellsmere for  
Public Purpose  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel certain taxes upon the property purchased by the City of  
Fellsmere for a public purpose, and the Clerk to send a certified copy of the  
Resolution to the Tax Collector and the Property Appraiser so that any delinquent or  
current taxes can be cancelled.  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2022-033, cancelling certain  
taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
10.C.1.  
Notice of Public Hearing Scheduled for June 21, 2022 Board Meeting for  
Consideration of the Disposition of County Owned Surplus Properties for  
Affordable Housing.  
Recommended Action:  
The referenced public notice item is provided for the Board’s information. No  
action is needed at this time.  
Attachments: Staff Report  
County Attorney Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
Executive Session to Discuss Teamsters Negotiations  
County Administrator Jason Brown announced that immediately following the Board  
meeting, an executive session would be held to discuss negotiations with Teamsters  
for wage increases for Fiscal Year 2022/2023, as allowed under F.S. 447.605.  
Commissioner Flescher received confirmation from County Administrator Brown that  
Commissioner Moss, who was participating in the meeting via video conference,  
would be able to participate in the executive session telephonically or electronically.  
No Action Taken or Required  
11.B.  
Automobile Allowance Adjustment  
Recommended Action:  
Staff recommends the Board of County Commissioners approve, effective with the  
pay period beginning June 17, 2022, the increase in automobile allowance to  
$4,200.04 annually / $161.54 biweekly and authorize an additional $600 per year  
automobile allowance be provided to the Board Chairman totaling $4,800.12 annually  
/ $184.62 biweekly.  
Attachments: Staff Report  
County Administrator Jason Brown stated there were currently18 individuals receiving  
an automobile allowance who do not receive any mileage reimbursement for business  
related travel with the County. He proposed with the rising cost of fuel and the  
increased costs associated with vehicle maintenance, the automobile allowance be  
returned to the pre-2012 rate of $4,200.04 annually, and an additional allowance of  
$50 per month would be provided to the Chairman of the Board for travel and  
expenses.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Moss  
1 - Commissioner Flescher  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Authorization to proceed with foreclosure on Code enforcement cases:  
2016080073 (99th Street) (Almanza, Elias & Angel) and 201712011 (89th  
Street) (Almanza, Pablo)  
Recommended Action:  
Staff recommends the Board authorize staff to move forward with outside  
counsel in the filing of foreclosure on the above named code enforcement  
cases.  
Attachments: Staff Report  
Assistant County Attorney Susan Prado announced Case number 2016080073 (99th  
Street) (Almanza, Elias & Angel) has been cleaned up and brought into compliance.  
Through a PowerPoint presentation, Attorney Prado provided the history of Case  
number 2017120119 (12865 89th Street)(Almanza, Pablo), indicating the that  
property had been cleaned up; however, the owners would need to obtain an  
after-the-fact building permit for the structure on the property to be brought into  
compliance. She referred to Daphne Driskell with Code Enforcement to provide an  
update on the 89th Street property. Ms. Driskell confirmed the majority of the  
property on 89th Street had been cleaned up except for junk, trash, and debris under  
the shed. She was unaware if the owners had received an after-the-fact permit for the  
shed; but pointed out the owners would need to either get a permit for the shed or  
remove the shed along with the junk, trash, and debris under the shed.  
Chairman O'Bryan received confirmation the same owners of the property at 12865  
89th Street (Almanza, Pablo) came before the Board previously and inquired on the  
status of those cases. Ms. Driskell stated the owners were in the process of getting  
one of the properties into compliance. Attorney Prado brought to the Board's  
attention the property located at 305 S Lime Street had been annexed into the City of  
Fellsmere and was no longer within the County's jurisdiction. She indicated the fine  
accruing for 305 S Lime Street stopped the day the property was annexed into the  
City of Fellsmere's jurisdiction; however, the owners would need to come back  
before the County's Code Enforcement Board for a lien reduction. A discussion  
followed on whether the Board wanted to proceed with the foreclosure process for  
the property at 305 S Lime Street. Chairman O'Bryan suggested putting a hold on  
the foreclosure proceedings for the property at 305 S Lime Street since it was no  
longer in the County's jurisdiction. Commissioner Adams appreciated the owners'  
hard work to get their properties into compliance.  
Attorney Prado sought and received clarification from the Board that the Attorney's  
office would come before the Board for authorization to proceed with foreclosure on  
the Code Enforcement Cases; but would not file for foreclosure if the properties come  
into compliance. County Attorney Dylan Reingold stated the Attorney's Office would  
provide the Board with an update on the cases through either an email or a  
memorandum.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Adams, to authorize staff to proceed with foreclosure on property at 12865 89th  
Street, and to put in abeyance any action on the property at 305 S Lime Street  
recently annexed into the City of Fellsmere. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
13.B.  
City of Vero Beach Appeal of Tourist Development Council May 11, 2022, action to  
exclude City of Vero Beach proposal from consideration for Tourist Development  
Tax Dollars  
Attachments: Staff Report  
County Attorney Dylan Reingold provided an update to the Board on the  
memorandum from the City of Vero Beach (City) dated June 7, 2022, appealing the  
May 11, 2022 Tourist Development Council's (TDC) action to exclude the City of  
Vero Beach's proposal from consideration for Tourist Development Tax Dollars  
(tourist tax dollars) to the Indian River County Board of County Commissioners (the  
Board). He added, the City's appeal does not meet the requirements of section  
100.06 of the Indian River County Code of Ordinances (Code), as the appeal does  
not appear to have been filed with the TDC, and the action taken by the TDC was  
merely a recommendation. He felt the appropriate avenue for raising issues was at the  
June 7, 2022 Board meeting as had other agencies who were also impacted by the  
TDC's recommendations. He addressed the allegations that the County would not  
accept the application from the City for funding. He also brought up the fact that the  
item was added to the City's meeting agenda with no notice to the County indicating  
the item would be discussed at the City Council's meeting.  
Chairman O'Bryan sought and received confirmation from County Attorney Reingold  
on the list of items eligible to utilize tourist tax dollars, and the existence of an  
ordinance stating the TDC would make recommendations to the Board on future  
projects. He pointed out that at the March 15, 2022 meeting, the Board voted to  
codify the County's Outside Agency Policy; the revisions memorialized previously  
approved funding parameters set by the TDC, as well as a Board-authorized  
reallocation of tourist tax revenue. Commissioner Flescher added, as Chairman of the  
TDC, he could confirm the application from the City was on the May 11, 2022 TDC  
agenda and was explained clearly by staff that the request did not meet disbursement  
consideration as it was a municipality. County Attorney Reingold confirmed that  
Mayor Robert Brackett and the Assistant City Attorney Jenny Flanigan were in  
attendance at the May 11, 2022 TDC meeting.  
City Attorney John Turner addressed the County Attorney's memorandum in regard  
to the matter of procedure. He referred to section 100.06 of the Code, pointing out  
an appeal must be delivered to the Board within twenty (20) working days, and noted  
the appeal was delivered on June 7, 2022. He also stated the law does not require  
an item to be on the agenda to be considered. He continued, the tourist development  
tax was adopted by the County in 1987, through Ordinance 87-11 which outlined the  
tourist development plan, created the TDC, established the authorized uses for the  
taxes, and called for referendum approval. He pointed out the Florida Legislature  
through the years had made changes on how the tourist tax dollars could be used and  
in 2016, the Legislature broadened the authorized additional uses for the tourist tax  
dollars, explicitly allowing a county or municipality in some circumstances to use the  
tax to reimburse expenses incurred in providing public safety services and law  
enforcement services. City Attorney Turner named other counties within Florida who  
allow their municipalities to seek funding for projects through tourist tax dollars. He  
concluded by requesting the Board to 1) accept the City's application for funding for  
improvement of the Humiston Beach Lifeguard Tower and Pavilion; and 2) abandon  
its outside agency funding policy barring municipalities from receiving tourist tax funds,  
and allow for all uses authorized under Florida law.  
County Administrator Jason Brown pointed out how the County took on and  
managed the Sector 5 beach renourishment project within the City limits and  
expressed his concern on the attempt to use tourist tax dollars for government  
infrastructure. Chairman O'Bryan agreed with County Administrator Brown and  
supported the County's policy. He did not want to see tourist tax dollars used for  
capital projects. Commissioner Moss wanted to see the County partner with the City,  
suggesting a public meeting between the County and the City. Commissioner Adams  
felt if the City intended this to be a collaborative effort, the City Council members and  
the City Manager would be present, not solely the litigation arm of the City and a  
court reporter, which seemed to set the tone for litigation, not collaboration.  
A discussion followed on the uses for the tourist development tax dollars and Vice  
Chairman Earman echoed County Administrator Brown words, stating there was only  
so much tourist tax dollars to go around and he believed the dollars should be used  
for the promotion of tourism and to put heads on beds. Commissioner Flescher  
added at the TDC meeting held on May 11, 2022, the City did not participate or  
speak concerning the TDC's decision to take the City's request for a lifeguard stand  
off the list. He noted the tourist tax dollars were being used for beach renourishment  
and marketing to promote tourism in the City of Vero Beach. Jeffrey R. Smith, Clerk  
of the Circuit Court and Comptroller, stated his Internal Auditor ensures every tourist  
tax dollar spent is justified.  
County Attorney Reingold read the City's Code of Ordinances, section 2.09,  
Referendum required and added for the record that TDC stood for the Tourist  
Development Council, and the TDC was a recommendation board with all decisions  
made final by the Board of County Commissioners. He stated he would be replying  
to the City in regard to their appeal accordingly.  
Sebastian City Council Member Bob McPartlan felt it would be beneficial for the City  
of Vero Beach and the County to hold a workshop to discuss tourist tax dollars.  
Joseph Paladin fully supported the Board's position with the tourist tax dollars.  
Wilfred Hart told the Board that Tourism plays a major role in the schools and asked  
the Board to include the School District in any workshop.  
No Action Taken or Required  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
B. Commissioner Joseph H. Earman, Vice Chairman  
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.  
15.B.1.  
Final Pay to Geosyntec for Work Order No. 12 - One Year of Groundwater  
Monitoring/Reporting and Related Consulting Services at the Former South  
Gifford Road Landfill  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Geosyntec Consultants, Inc.’s final invoice amount of $5,445.10  
Attachments: Staff Report  
There was no discussion on this Item.  
A motion was made by Commissioner Flescher, 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  
15.B.2.  
Request by Waste Management to Modify Franchise Agreement  
Recommended Action:  
Staff is requesting that the Board approve the following: 1. Approve the request  
by Waste Management, Inc., of Florida to remove Article 3 (c) for the exclusive  
collection of C&D debris in containers 15 cubic yards and greater; 2. Authorize  
the County Attorney to modify the County Ordinance to effectuate the change  
through a duly noticed public hearing process; and, 3. Direct staff to return with  
an Amendment to the Franchise Agreement for Board approval at the time of the  
public hearing  
Attachments: Staff Report  
Managing Director Himanshu Mehta spoke on the request by Waste  
Management (WM) to modify the franchise agreement to remove Article 3.1(c)  
for the exclusive collection of Construction and Demolition (C & D) debris  
containers fifteen cubic yards and greater in size within unincorporated Indian  
River County. He explained the difference between exclusive and non-exclusive  
treatment of C&D debris was how the franchise fee was handled by the landfill.  
Director Mehta stated staff would return with an amendment to the Franchise  
Agreement and a modification of the County Ordinance to effectuate the change  
through a duly noticed public hearing process for adoption by the Board.  
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  
15.B.3.  
Work Order No. 16 to Geosyntec for One Year of Groundwater  
Monitoring/Reporting and Related Consulting Services at the Former South  
Gifford Road Landfill  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approves and  
authorizes the Chairman to sign Work Order No. 16 authorizing Geosyntec to  
provide groundwater monitoring/reporting and related consulting services for the  
Former Gifford Road landfill in compliance with Florida Department of  
Environmental Protection requirements for a period of one year, not to exceed fee  
of $80,360.14  
Attachments: Staff Report  
There was no discussion on this Item.  
A motion was made by Commissioner Adams, 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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:00 a.m.