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 8, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
2. ROLLCALL  
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  
Sheriff Eric Flowers, IRC Sheriff's Office  
3. PLEDGE OF ALLEGIANCE  
Jason Brown, County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Tabled: Item 11.B.  
Add: Item 11.C. Update on Hurricane Nicole  
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:  
4 -  
Aye:  
Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and  
Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-0900  
5.A.  
Presentation of Proclamation Recognizing November 11th, 2022, as Veterans Day  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
Veterans Council Executive Director Cynthia Ryan was joined by Director Tracey  
Zudans and staff to accept the proclamation. Ms. Ryan thanked the Board for the  
recognition and stated that the Veterans Day event had been canceled due to the  
impending storm, Hurricane Nicole, and asked everyone to take a moment on  
Veterans Day to remember our veterans.  
Chairman Peter O’Bryan confirmed the County was participating in Operation Green  
Light and encouraged everyone to join in support by displaying a green light for our  
veterans and their families.  
Read and presented by Commissioner Joe Flescher  
22-0959  
5.B.  
Presentation of the Peter D. O'Bryan ABOVE & BEYOND Awards  
Presentation  
Recommended Action:  
Chairman Peter O'Bryan presented the Above & Beyond Awards to members of  
staff. Honorable Mention went to County Attorney Dylan Reingold for his imaginative  
apparel on College Game Day, representing George Washington University.  
Honorable Mention also went to Public Works Director Rich Szpyrka for the  
purchase and operation of the confetti cannon. The first-place award went to Solid  
Waste Disposal District Managing Director Himanshu Mehta for his Above &  
Beyond face paint representing the Florida Gators. Each recipient of the award  
received the coveted Key Lime Pie and a gold medal.  
No Action Taken or Required  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
[Clerks Note: Item 15.A.1. and 15.A.2. was heard before Item 7.A.]  
22-0936  
7.A.  
Planning and Zoning Commission Meetings Will Start at 6:00 PM Effective December  
8, 2022  
Recommended Action:  
The referenced item is provided for the Board’s information. No action is needed at  
this time.  
Attachments: Staff Report  
No Action Taken or Required  
22-0938  
7.B.  
4th Quarter FY 2021/2022 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
4th Quarter Budget Report  
No Action Taken or Required  
22-0947  
7.C.  
Landfill Closure and Collection Service Changes for the Thanksgiving Holiday  
No action required - for informational purposes only  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
22-0948  
7.D.  
Residential Paper Shredding Event on November 19, 2022  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the Fall  
Residential Paper Shredding Event to be held on November 19, 2022  
Attachments: Staff Report  
Contract MOU with Waste Management  
Recycling Education Coordinator Sue Flak stated the Southeast Secure Shredding  
event would be held November 19, 2022, from 8:00 a.m. to 12 noon. Residents  
could bring up to three (3) boxes weighing up to 35 lbs. each to be securely shredded  
on-site.  
No Action Taken or Required  
22-0953  
7.E.  
2022 - Fall and Winter Holiday Schedules for the Indian River County Library  
System, Aquatic Centers, Sandridge, Golf Course, Indian River County Public  
Shooting Range, Recreation Aquatic Centers, iG Recreation Center and County  
Parks  
Recommended Action:  
Staff recommends observance of the Veteran's Day, Thanksgiving, Christmas and  
New Year's holidays by the Library System, Sandridge Golf Clubhouse, Shooting  
Range, the Aquatic Centers, and iG Recreation Center's operations, as stated above.  
With the Boards acceptance and approval, these holiday hours will be observed and  
posted at their respective county facilities sites, as well as the Indian River County's  
website. www.ircgov.com - Leisure  
Attachments: Staff Report  
Chairman Peter O’Bryan referred to staff’s memo dated November 1, 2022, outlining  
the collection service changes for the Thanksgiving Holiday, and the full fall and winter  
holidays for the Indian River County Libraries, Aquatic and iG Centers, Sandridge  
Golf Course, Indian River County Shooting Range, and all County parks.  
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 amended, pulling Items 8.A. and 8.B. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0932  
8.A.  
Request for Release of an Easement Located at 4250 79th Street  
Recommended Action:  
Staff recommends that the Board, through adoption of the attached resolution, approve  
release of the drainage and utility easement described in the proposed Resolution.  
Attachments: Staff Report  
Map(s) depicting easement proposed for release  
Proposed County Resolution releasing easement  
Chief Code Enforcement Planner Rebecca Guerra informed the Board there was an  
error on Resolution 2022-085 which stated the canceling of taxes for a drainage and  
utility easement. The Resolution was corrected to state the canceling of taxes to be  
for the drainage easement only.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation and Resolution 2022-085 Releasing  
an easement (or portion thereof) on Lot 4, Heritage Trace at Hobart Subdivision.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0937  
8.B.  
GRBK GHO Lucaya Pointe, LLC’s Request for Final Plat Approval for a  
Subdivision to be known as Lucaya Pointe Phase 2 [SD-19-05-03 /  
2005120072-91468]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for Lucaya Pointe Phase 2.  
Attachments: Staff Report  
Location Map  
Final Plat Layout  
Thomas Sullivan, County resident, sought and received information as to whether the  
development had any recreational space. Chief of Current Development Ryan  
Sweeney stated every residential development required 7.75% of recreational open  
space that would be available for the use of the subdivision residents and not for  
public use.  
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  
22-0939  
8.C.  
Final Ranking of Firms and Authorization to Negotiate for RFQ 2022072 for CEI  
Services for 66th Avenue (69th Street to CR-510), IRC-1505B  
Recommended Action:  
Staff recommends the Board approve the Committee’s final ranking and authorize  
negotiations with the top ranked firm, and subsequently ranked firms, if necessary, in  
accordance with FS 287.055.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0955  
8.D.  
Release of Lien and Certificate of Building Official on Lot 3, Block 5 Spruce Park  
Subdivision  
Recommended Action:  
Staff recommends the Board approve the attached Release of Lien and Certificate of  
Building Official and authorize the Chairman to execute the Release on behalf of the  
Board.  
Attachments: Staff Report  
Release of Lien and Certificate of Building Official  
Approved staff's recommendation  
22-0956  
8.E.  
Amendment No. 1 to RFQ No. 2019040 (IRC-0853), Consor Engineers, LLC, CEI  
Services for 43rd Avenue from 18th Street to 26th Street, FDOT FM No.  
431759-2-54  
Recommended Action:  
Staff recommends approving Amendment No. 1 to the Agreement with Consor  
Engineers, LLC, and requests the Board authorize the Chairman to execute  
Amendment No. 1 to the Agreement on their behalf for a lump sum amount of  
$286,554.32. The new total agreement price will be $2,739,314.99.  
Attachments: Staff Report  
Amendment No. 1 with Consor Engineers, LLC  
Approved staff's recommendation  
22-0957  
8.F.  
Final Pay to TLC Diversified, Inc for Bid #2019068, Roseland Elevated Storage  
Tank and Pump Station  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the final pay and  
release of retainage to TLC Diversified, lnc., for a total of $83,175.11  
Attachments: Staff Report  
Final Pay Application #15F  
Approved staff's recommendation  
22-0922  
8.G.  
Central Regional Wastewater Treatment Facility Roof Replacement Bid #2022041  
Recommended Action:  
Staff recommends that the Board of County Commissioners award Bid #2022041;  
give permission to the Budget Director to roll forward the $321,720 remaining in  
Fiscal Year (FY) 2021/2022 into FY 2022/2023; and, authorize the Chairman to  
execute the agreement after approval by the County Attorney as to form and legal  
sufficiency, receipt and approval of the required insurance by the Risk Manager, and  
the contractor’s active registration with the Building Division  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
22-0961  
8.H.  
Central Wastewater Treatment Facility Generator Replacement Engineering  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order  
#56 with Kimley-Horn and Associates (KHA), and authorize the Chairman to sign  
the contract with KHA, in the amount of $158,696.00, for professional technical  
services associated with the generator replacement/consolidation project  
Attachments: Staff Report  
KHA Scope - Gifford Generator  
Approved staff's recommendation  
22-0949  
8.I.  
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  
Resolution Cancelling Taxes Fellsmere  
Approved Resolution 2022-086, 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  
22-0946  
10.B.1.  
Request to Speak from Bill Rigby re: Community Development Districts  
No action required  
Recommended Action:  
Attachments: Public Discussion Request B. Rigby  
Vice President of the West Wabasso Progressive Civic Club Bill Rigby revisited his  
talking points from the Board of County Commissioners meeting on October 18,  
2022. He again expressed frustration the developers were not doing enough to  
improve the Wabasso neighborhood.  
Chairman Peter O’Bryan restated when Liberty Park was approved in 2008, it  
was approved as a traditional neighborhood and the Community Development  
District (CDD) does not change the development that was approved. It is only a  
financing mechanism for development.  
Mr. Rigby continued his discussion after County Attorney Dylan Reingold stated  
Public Discussion Items were an opportunity to speak about CDDs and not  
designed to be a deposition of questions. He stated his concern and that would it  
not be appropriate for a rezoning approval or any other Public Hearing process  
approval.  
Chairman O’Bryan stated if Mr. Rigby felt there were any errors in the  
application, to put those in writing and deliver them to the County Attorney’s  
office. Attorney Reingold confirmed to Chairman O’Bryan that a Notice of  
Public Hearing was held, consistent with traditional Florida Law on due process  
and notice rights. He also stated when the public speaks at a public hearing as  
Mr. Rigby did, it essentially waived his due process and notice requirements.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
22-0899  
10.C.1.  
Notice of Scheduled Public Hearing for November 15, 2022 Board Meeting  
No Action Needed  
Recommended Action:  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
22-0935  
10.C.2.  
Notice of Public Hearing Scheduled for November 15, 2022 Board Meeting for  
Concurrent Conceptual Planned Development (PD) Plan, Special Exception, and  
Preliminary PD Plan Approval for a Single-Family Residential Development  
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 Dylan Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
22-0885  
11.A.  
Local Technology Planning Team Recommendation  
Recommended Action:  
Staff recommends the Board designate the duties and responsibilities of the Local  
Technology Planning Team, as outlined in the FL DEO Broadband Planning Toolkit,  
to the Indian River County Economic Development Council  
Attachments: Staff Report  
Broadband planning toolkit  
County Administrator Jason Brown stated, in July 2020, the Florida Office of  
Broadband was established as part of the Department of Economic Opportunity  
(DEO) Division of Community Development to increase the availability and  
effectiveness of broadband internet. He further stated Indian River County had been  
pursuing options to improve the availability of broadband throughout the community.  
In September of 2021, the DEO launched the Local Technology Planning Team  
(LTPT) initiative using the Broadband Planning Toolkit. Administrator Brown stated  
in order to receive the Grant, the LTPT had to be established; he noted the Indian  
River County’s Economic Development Council (EDC) closely aligns with the LTPT  
recommendations. He recommended the Board designate the duties and  
responsibilities of the LPTP, outlined in the Broadband Planning Toolkit, to the Indian  
River County EDC.  
Commissioner Susan Adams thanked staff for bringing this item forward and  
commented a lot of hard work had already been done to align the County to be in the  
best position to take advantage of the DEO grants.  
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  
22-0958  
11.B.  
Interim County Administrator  
Board Discussion  
Recommended Action:  
Attachments: Staff Report  
Tabled  
11.C. Update on Hurricane Nicole  
County Administrator Jason Brown provided an update on Subtropical storm Nicole.  
He stated he had signed a Proclamation declaring a local state of emergency in Indian  
River County following Governor Ron DeSantis’s declaration of emergency for 34  
counties throughout the State of Florida. Administrator Brown informed the Board  
that the Emergency Operations Center (EOC) was at Level Two activation and the  
information line was also active. He continued to announce that three (3) shelters  
were also being opened: a general population storm shelter located at the Vero Beach  
High School Freshman Learning Center (FLC), along with a pet-friendly shelter  
located in a different wing of the FLC, and special needs shelter located at the  
Treasure Coast Elementary School. All Indian River County schools would be closed  
Wednesday and garbage collection would be suspended.  
Administrator Brown responded to Chairman O’Bryan that the debris haulers would  
be notified and he would execute the notice today.  
County Clerk and Comptroller Jeffrey Smith informed the Board that the Courthouse  
would be closed for the remainder of the week.  
Commissioner Joe Flescher sought and received confirmation from Administrator  
Brown that the debris piles from hurricane Ian had been cleaned up.  
Sebastian City Vice Mayor Fred Jones commented the City of Sebastian was  
canceling its Veterans Day Ceremonies at Riverview Park.  
Commissioner Joe Earman sought and received information from Public Works  
Director Rich Szpyrka as to the beach erosion and what could be expected. Director  
Szpyrka stated the action coming from the storm was causing some erosion and that  
staff was out monitoring the storm and would continue to monitor it as long as  
possible.  
No Action Taken or Required  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
22-0943  
12.C.1.  
Archie Smith Fish House Pavilion Construction & Demolition of the Archie Smith  
House - Consideration of Proposal Provided by Gordian Work Order  
108272.00; EZIQCF Contract No.: FL-R10-GC11-111821-JLC  
Recommended Action:  
Staff respectfully requests that the Board provide direction to staff in regard to the  
work proposed in the Gordian proposal (Work Order 108272.00) which  
includes design and construction of an overwater pavilion and deck in place of the  
Ice House, and demolition of the existing Archie Smith house. Staff also  
recommends the Board authorize the Purchasing Manager to sign the final work  
order and scope of work, after approval by the Parks and Recreation Director,  
and verification of the pricing against the Sourcewell Contract.  
Attachments: Staff Report  
Gordian Work Order  
Parks and Recreation Director, Beth Powell, utilizing a PowerPoint presentation,  
updated the Board on the status of the Archie Smith Fish House pavilion  
construction, and the demolition of the Archie Smith House. Ms. Powell briefly  
recapped the history of the Archie Smith Fish House since its purchase by the  
County in 2007. In April of 2022, the Board's direction was to look into replacing  
the decking structure and build a covered pavilion that could house educational  
information for public use. Staff reached out to contractor Gordian through the  
Sourcewell Cooperative, to complete the scope of work. Ms. Powell referred to  
staff’s memo regarding funding, and stated the full funding amount for pavilion  
construction and demolition was $508,407.90; demolition only was $47,796.24.  
In addition, $291,892.75 was available in the Optional Sales Tax/Parks/Archie  
Smith Fish House Restoration account, which would result in a balance of  
$215,515.15 for the pavilion construction and demolition that would be provided  
through a cash forward budget amendment.  
Comments were made by the Commissioners to move forward with the proposal  
to complete the pavilion construction and demolition.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to direct staff to move forward with the design, construction and  
demolition. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0944  
12.C.2.  
Jones Pier Conservation Area Public Use Improvements - Proposal for the  
Elevation and Stabilization of the Jones Pier Bungalow/Historic House  
Recommended Action:  
Staff respectfully requests that the Board provide direction to staff in regard to the  
work proposed in the Gordian proposal (Work Order 108749.00) which  
includes raising and shoring the existing Jones Pier Bungalow/historic house. Staff  
also recommends the Board authorize the Purchasing Manager to sign the final  
work order and scope of work, after approval by the Parks and Recreation  
Director, and verification of the pricing against the Sourcewell Contract.  
Attachments: Staff Report  
Gordian Work Order  
Parks and Recreation Director Beth Powell utilized a PowerPoint presentation to  
update the Board on the status of the Jones Pier Conservation Area's public use  
improvements. Ms. Powell summarized the Jones Pier grant applications from  
2016 to current.  
Ms. Powell pointed out the property was a Florida Communities Trust Obligation  
which had certain requirements to fill, one of which was to have an interpreter or  
museum center in the Bungalow Cottage. Ms. Powell outlined the scope of work  
for the property noting the total project cost of $460,629.70, and indicated the  
funding for raising and shoring the existing house was programmed into the Capital  
Improvement Element. She discussed in detail the bid process to construct the  
new foundation, with a preliminary schedule of 132 days to complete the work.  
The Commissioners thanked staff for their hard work and a great job, and they  
felt the public would enjoy Jones Pier.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Moss, 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  
Meeting went into Recess at 10:32 a.m. and reconvened at 10:45 a.m. with all  
members present.  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
22-0917  
12.G.1.  
Summer Camp 2022 Recap  
Recommended Action:  
There is no Board action required on this item as this is a highlight of the  
Stormwater Summer 2022 Camp’s success  
Attachments: Staff Report  
Stormwater Educator Alexis Peralta was excited to inform the Board of the  
success of partnering with the Pelican Island Audubon Society for Stormwater  
Summer Camp 2022. She followed up with a PowerPoint presentation and video  
of the camp participants illustrating the success of the Stormwater Camp. Ms.  
Peralta thanked all those who participated.  
22-0950  
12.G.2.  
41st Street Left Turn Lane (EB) at US1, Property Address: 4086 Old Dixie  
Highway & 2185 41st Street, Vero Beach, FL 32960, Owner: Old Dixie 4086  
LLC  
Recommended Action:  
Staff recommends the Board approve the Purchase Agreement in the amount of  
$90,000.00, with an estimated $700.00 in closing costs to be paid by the County  
for purchase of the 0.240 acres of the properties located at 4086 Old Dixie  
Highway, Vero Beach, FL 32960 and 2185 41st Street, Vero Beach, FL 32960,  
and authorize the Chairman to execute the purchase agreement on behalf of the  
Board  
Attachments: Staff Report  
Conner Purchase Agreement  
Public Works Director Rich Szpyrka presented to the Board a .24-acre property  
to be purchased for a 41st Street left turn lane at US Highway 1. He stated the  
County was moving forward with obtaining rights-of-way in this area. The price  
for the property located at 4086 Old Dixie Highway and 2185 41st Street was  
$90,000 with a $700 closing cost.  
The Chairman opened the Item for public discussion.  
Tom Sullivan, County resident, commented this was one of the worst intersections  
in the City and commended the Public Works Department for pursuing this  
project.  
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  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
22-0952  
13.A.  
Authorization to proceed with foreclosure on Code enforcement cases: 2019110025  
and 2020050067 (560 Stoney Brook Farm Ct.) (Suncor Ft. Pierce, LLC)  
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  
Order Imposing Fine  
Order Imposing Fine (1)  
Deed  
Assistant County Attorney Susan Prado presented to the Board a Code Enforcement  
case on the property located at 560 Stoney Brook Farm Court, Case numbers  
2019110025 and 2020050067. Ms. Prado stated the property was in repeat  
violation and used a PowerPoint presentation to show the condition of the property.  
She stated staff had gone to the Code Enforcement Board on October 24, 2022, and  
requested authorization to move forward with outside counsel and foreclosure for  
both cases. She noted Mr. Joseph Paladin was representing the property owner.  
Mr. Paladin confirmed he was in communication with the property owner and stated  
permits were being pulled to rectify the fencing issue. Ms. Prado stated the fence  
permit was not the only issue and that there were other expired permits outstanding on  
the property and the contractor had an expired license.  
Chairman Peter O’Bryan stated in past cases the Board directed staff to proceed with  
foreclosure and if the property issues were corrected within the time frame to  
foreclose, staff could bring this back for the Board to make a final decision.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Moss, 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  
22-0962  
13.B.  
Fifth Addendum to Agreement between Indian River County and REDEVGROUP,  
Inc. for Lot 5, Plat of Indian River Mall  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Fifth Addendum  
to Agreement between Indian River County and REDEVGROUP, Inc., and authorize  
the Chairman to execute the Fifth Addendum on behalf of the Board.  
Attachments: Staff Report  
Fifth Addendum to Agreement  
Fourth Amendment and Restatement  
Deputy County Attorney William K. DeBraal discussed the Fifth Addendum  
Agreement between Indian River County and REVDEVGROUP Lot 5 at the Indian  
River Mall. He stated that the 4.7-acre parcel was formerly under conservation  
easement due to the existence of Hand Fern, a protected species. The Hand Fern  
was no longer found on Lot 5 and the conservation easement had been removed.  
Attorney DeBraal stated Texas Roadhouse had attempted to develop this property  
and had received permission in the past to build a 7200 sq. ft. building along with two  
other buildings. Due to certain deed restrictions placed on the property they agreed to  
come back another time. Texas Roadhouse has now come back and asked for a  
larger footprint of 9400 sq. ft. due to changes in the restaurant business. They have  
signed the lease for the larger footprint over the 8200 sq. ft. that was recommended.  
The plans have been given to the Engineer, and staff had no objection to the increase.  
A discussion ensued between the Board, Attorney Bruce Barkett representing  
REVDEVGROUP, Inc., and staff regarding the 30% increase in the single-building  
footprint without an increase in alternative conservation land. Attorney Barkett  
confirmed the total amount of building space was not increasing, only that one building  
will be larger and the two other buildings would be smaller. Further discussion was  
had to address Commissioner Moss’ concern for conservation land.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, 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  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
B. Commissioner Joseph H. Earman, Vice Chairman  
22-0834  
14.B.1.  
Discussion on Water Farming in a Proposed 260-acre Reservoir Directly South  
of the West Regional Waste Water Treatment Plant (WWTP)  
Recommended Action:  
Discuss  
Attachments: Commissioner's Memorandum  
IRC Water Overview 1  
IRC Water Overview 2  
W Region WWTF Proposed Reservoir  
Vice Chairman Joe Earman brought up for discussion the “Move Water West”  
plan and stated a discussion was had in a joint meeting with the St. Johns River  
Water Management District (SJRWMD). He explained Move Water West was  
a proposal to dig a canal and connect it to the St. Johns Improvement District  
(SJID) system so it would eventually flow into the Upper St. Johns Basin which  
flows under State Road 60. During this meeting, the consensus from SJRWMD  
was, although this proposal still had merit, they questioned whether enough water  
would move through that system to make a difference. Vice Chairman Earman  
stated the least costly thing to do would be to take water from the Forestry Canal  
and put it in a 260-acre reservoir that would be constructed. Vice Chairman  
Earman presented a slide showing where this could be done. He commented in  
doing so, the reservoir could be opened up to some recreation for small boats and  
fishing.  
A discussion ensued between the Board and staff regarding the difference  
between water storage and setting up a recreational area. Commissioner Susan  
Adams cautioned going down this path of creating a recreational amenity out of  
utility stormwater. County Administrator Jason Brown concurred with  
Commissioner Adams that recreation should not interfere with the ability to do  
what was needed to do for wastewater treatment. Further discussion was had to  
this point.  
Vice Chairman Earman proposed to move forward and have staff investigate  
what could or could not be done.  
Utility Finance Manager Cindy Corrente stated the Utilities office was looking into  
permit modifications, and that there were new restrictions placed on Utilities for  
effluent discharge with the passing of Senate Bill 64 (Bill). Ms. Corrente further  
commented there were very stringent deadlines and that the County would have  
to abandon discharging into wetlands with the passing of this Bill. She was willing  
to have staff investigate. Operations Manager and former Wastewater Treatment  
Supervisor Rich McKee confirmed Ms. Correntes’ comment that the Bill would  
stop the County from discharging any wastewater/stormwater after the year 2032.  
Further discussion was had among the Board and staff with the ultimate goal being  
to keep storm water out of the Lagoon. Chairman O'Bryan requested to have  
staff further investigate the proposal by Vice Chairman Earman.  
No Action Taken or Required  
C. Commissioner Susan Adams  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
[Clerks note: Items 15.A.1 and 15.A.2 were heard after Item 5.B.]  
22-0898  
15.A.1.  
Approval of ESD Meeting Minutes of August 16, 2022  
Approve  
Recommended Action:  
Attachments: 08162022 ESD Granicus  
There was no discussion on this item.  
A motion was made by Vice Chairman Earman, seconded by Chairman  
O'Bryan, to approve the Emergency Services District Meeting Minutes of  
August 16, 2022. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0964  
15.A.2.  
Approval of Advance Purchase for Fire Rescue Apparatuses  
Recommended Action:  
Staff recommends the Board authorize the Purchasing Division to issue a  
Purchase Order to Sutphen Corporation in the amount of $2,512,510.  
Attachments: Staff Report  
Proposal from Sutphen Corporation  
Chairman Peter O'Bryan stated there was an extended wait time of 18 to 24  
months to receive any type of fire trucks or ambulances and an order was being  
placed in advance to attempt to lock in the lower price and get in the queue to  
have the equipment delivered on time. Emergency Services Director Chief David  
Johnson confirmed the savings would be between $300,000 and $400,000 and  
the delayed delivery was now up to 30 months.  
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  
B. Solid Waste Disposal District  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business the Chairman adjourned the meeting at 11:55 a.m.