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 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, January 11, 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  
22-0044  
Reverend Kaaren Anderson, Unitarian Universalist Fellowship of Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Jason Brown, County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Prior to the Meeting: Corrections were made to Items 7.H. and 8.I.  
During the Meeting: Item 10.B.1. was moved to follow Item 5.A.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Agenda as amended. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Presentation of Proclamation Recognizing Dr. Martin Luther King, Jr., Day in Indian  
River County  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Chairman O'Bryan read and presented the Proclamation to Mr. Freddie Woolfork,  
Mr. Teddy Floyd, Mr. Kenny Holmes, and Mr. Dale Dawkins, who voiced their  
appreciation for the Board's recognition of Dr. Martin Luther King, Jr. Day, in Indian  
River County.  
Read and Presented  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Regular Meeting Minutes of October 12, 2021, and October  
19, 2021, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
6.A.  
Regular Meeting of October 12, 2021  
Approve  
Recommended Action:  
Approved  
6.B.  
Regular Meeting of October 19, 2021  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Florida Public Service Commission Amendatory Order PSC-2021-0446A-S-EI  
amending Order PSC-2021-0446-S-EI to correct scrivener's errors; Order  
PSC-2021-0446-S-EI is reaffirmed in all other respects.  
Recommended Action:  
Information Only  
No Action Taken or Required  
7.B.  
Town of Indian River Shores’ Committee Assignments for 2022  
Attachments: Staff Report  
No Action Taken or Required  
7.C.  
Floodplain Management Annual Progress Report (NFIP CRS Activity 510)  
Recommended Action:  
This item is presented for informational purposes only; no action of the Board is  
requested or required  
Attachments: Staff Report  
No Action Taken or Required  
7.D.  
Indian River County Venue Event Calendar Review  
Recommended Action:  
This is an informational item only; no Board action required  
Attachments: Event Calendar  
Chairman O'Bryan highlighted numerous events that were scheduled to be held at  
facilities throughout the County.  
Vice Chairman Earman added that Florida Half Century Softball would again be  
holding tournaments in the County, with the 50's Division tournament scheduled for  
January 15-16, 2022.  
No Action Taken or Required  
Indian River County Canvassing Board Appointments - Member & Alternate  
Informational only - No action required  
7.E.  
Recommended Action:  
No Action Taken or Required  
7.F.  
Community Development Block Grant Citizen Advisory Task Force Vacancy  
Attachments: Staff Report  
Chairman O'Bryan invited applicants who were interested in serving on the  
Community Development Block Grant Citizen Advisory Task Force.  
No Action Taken or Required  
7.G.  
COVID-19 Testing Update  
No Action Required  
Recommended Action:  
County Administrator Jason Brown referred to staff's memorandum dated January 5,  
2022, to provide the COVID-19 local testing site update. He expressed appreciation  
for the Florida Department of Health for their management of tasks related to public  
health.  
No Action Taken or Required  
7.H.  
2021 Treasure Coast Regional Planning Council Comprehensive Economic  
Development Strategy Committee (TCRPC CEDS) District Appointment Member  
Listing  
Recommended Action:  
Informational Only  
Attachments: Staff Report  
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 presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
8.A.  
8.B.  
8.C.  
8.D.  
8.E.  
Checks and Electronic Payments November 26, 2021 to December 2, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 26, 2021 to December 2, 2021  
Approved  
Checks and Electronic Payments December 3, 2021 to December 9, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 3, 2021 to December 9, 2021  
Approved  
Checks and Electronic Payments December 10, 2021 to December 16, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 10, 2021 to December 16, 2021  
Approved  
Checks and Electronic Payments December 17, 2021 to December 23, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 17, 2021 to December 23, 2021  
Approved  
Checks and Electronic Payments December 24, 2021 to December 30, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 24, 2021 to December 30, 2021  
Approved  
8.F.  
Final Ranking of Firms and Award of RFP 2022014 for SCADA/ICS Network  
Design  
Recommended Action:  
Staff recommends the Board approve the committee’s final rankings of firms and  
award RFP 2022014 to Graymatter Systems, LLC. Staff also recommends the  
Board approve the agreement and authorize the Chairman to sign it after review and  
approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation, with the final ranking of firms being  
GrayMatter Systems, LLC; Sentinel Technologies, Inc.; and True Digital Security,  
Inc.  
8.G.  
Award of RFP 2022013 - Hallstrom Farmstead Conservation Area Wetland  
Boardwalk  
Recommended Action:  
Staff recommends the Board award the project to Underwater Engineering Services,  
Inc, approve the sample agreement, and authorize the Chairman to execute the  
agreement after the County Attorney has approved it as to form and legal sufficiency,  
and after receipt and approval of the required insurance by the Risk Manager.  
Attachments: Staff Report  
Approved staff's recommendation  
8.H.  
Miscellaneous Budget Amendment 001  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2021-22 budget.  
Attachments: Staff Report  
Approved Resolution 2022-001, amending the Fiscal Year 2021-2022 Budget.  
8.I.  
Lease Renewal for 1340 Old Dixie Highway Property  
Recommended Action:  
Staff recommends that the Board approve the proposed lease, inclusive of the  
revenue share and property transfers and authorize the County Administrator to  
execute the lease and all associated payment and land transfer documents in parallel  
with the closing for the sale of the communications tower.  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
New Internet Service Provider Circuit Agreement  
Recommended Action:  
Staff recommends that the IRC Board of County Commissioners waive the  
requirement for bids, approve option #3 and authorize Chairman to execute the  
Command-link order for services after the County Attorney has approved it as to  
form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
End Point Detection & Response and Managed Detection & Response  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the procurement  
of the EPP software and MDR services for a (3) year period to maximize cost  
efficiency and lock in pricing for this period. Staff further recommends the Board  
waive the requirement for bids for these services and authorize the Purchasing  
Division to issue a Purchase Order to SHI International Corp. in the amount of  
$75,956.50 annually for (3) consecutive years. Finally, Staff recommends the Board  
authorize the County Administrator to execute any agreements necessary for these  
services after the County Attorney has approved them as to form and legal  
sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Amendment to 2022 Pictometry Aerial Imagery Contract  
Recommended Action:  
Staff recommends the approval of the amendment with Pictometry Corporation as  
provided in Attachment 1 and requests that the Board of County Commissioners  
authorize the Chairman to execute and sign the amendment.  
Attachments: Staff Report GIS  
Approved staff's recommendation  
8.M.  
Architectural Services with Edlund, Dritenbas, Binkley Architects and Associates,  
P.A. for Fire Station #7, IRC Project No. 1911  
Recommended Action:  
Public Works recommends the Board of County Commissioners approve Work  
Order No. 5 with Edlund, Dritenbas, Binkley Architects and Associates, P.A., in the  
amount of $250,440.00 and authorize the Chairman to execute the Work Order.  
Attachments: Staff Report  
Approved staff's recommendation  
8.N.  
Designation of Creative Power Solutions as Sole Source Provider for Uninterruptible  
Power Supply System  
Recommended Action:  
Staff recommends the Board of County Commissioners declare Creative Power  
Solutions as the County’s sole source provider for Uninterruptible Power Supply  
Systems in County buildings that currently have UPS systems providing backup  
power sources. Staff also recommends that the Board of County Commissioners  
authorize the Purchasing Division to issue Purchase Order(s), as necessary, for the  
installation of Uninterruptible Power Supply Systems (UPS) in Buildings A and B.  
Attachments: Staff Report  
Approved staff's recommendation  
8.O.  
Award of Bid No. 2022008, 6th Avenue Milling & Resurfacing from US 1/SR 5 to  
21st Street, FM No. 438074-1-54-01, IRC-1638  
Recommended Action:  
Staff recommends the project be awarded to OHL, USA, Inc. in the amount of  
$2,309,154.91. Staff further recommends the Board approve the sample agreement  
and authorize the Chairman to execute said agreement after review and approval of  
both the agreement and required Public Construction Bond by the County Attorney  
as to form and legal sufficiency, and the receipt and approval of required insurance by  
the Risk Manager.  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
Sector 3 Temporary Beach Easement Amendment  
Recommended Action:  
Staff recommends that the Board of County Commissioners authorize staff to utilize  
the Sector 3 Beach Restoration Temporary Easement and accept the contribution  
from the property owner in exchange for performing beach restoration work on the  
property.  
Approved staff's recommendation  
8.Q.  
Lobbyist for 2022 Legislative Session  
Recommended Action:  
County Administration staff recommends that the Board enter into an agreement with  
Anfield Consulting, Inc., for lobbying services for the term of January 1, 2022, to  
December 31, 2022, and authorize the County Administrator to execute the referenced  
agreement.  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
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.  
Meritage Homes’s Request for Conceptual Planned Development (PD) Plan and  
Special Exception Approval and Concurrent Preliminary PD Plan/Plat Approval  
for a Project to be known as Hampton Park PD [PD-21-04-04 / 2004040192  
-88914] Quasi-Judicial  
Recommended Action:  
Staff recommends that the BCC grant conceptual PD plan and special exception  
approval with the following conditions: 1. Prior to issuance of land clearing and  
tree removal permits, the applicant shall: a. Provide documentation that the  
wetlands mitigation credits have been secured for the project. b. Obtain a County  
wetlands resource permit. c. Obtain Planning staff approval for the tree mitigation  
plan. 2. Prior to issuance of a land development permit, the applicant shall: a.  
Dedicate the proposed 8th Street right-of-way dedications. b. Obtain Planning  
staff approval of a final landscape and buffer plan. c. Obtain Planning staff  
approval of the final streetlighting design. d. Obtain Public Works approval of the  
final design of the 8th Street widening and restoration plan including the eastbound  
left turn lane, the on-site stormwater storage and treatment, and the 8th Street  
replacement sidewalk. 3. Prior to or via the final plat process, the applicant shall:  
a. Construct or bond-out the required landscape buffers. b. Construct or  
bond-out the required project streetlighting. c. Provide a shared pedestrian access  
for the residents of the Laurel Oaks Subdivision, subject to review and  
acceptance by the County Attorney’s Office. 4. Prior to issuance of a certificate  
of completion, the applicant shall: a. Construct the 8th Street widening and  
restoration improvements including the eastbound left turn lane, the on-site  
stormwater storage and treatment, and the 8th Street replacement sidewalk. b.  
Install all required perimeter buffers and project landscape improvements. c.  
Install all required project streetlighting. 5. Internal sidewalks shall be constructed  
along the frontage of common areas and individual lots in accordance with Section  
913.09(5)(b)2. of the County LDRs.  
Attachments: Staff Report  
Chairman O'Bryan introduced the parties involved in the public hearing as Indian  
River County and Meritage Homes (Applicant).  
Each Commissioner, as requested by the Chairman, disclosed ex parte  
communications, site visits, or independent investigations. They also affirmed that  
they have an open mind and can base their decisions on the evidence presented  
and the applicable law.  
The Deputy Clerk administered the Oath to all persons who wished to speak at  
the hearing.  
Chairman O'Bryan opened the public hearing.  
Community Development Director Phil Matson referred to staff's memorandum  
dated January 3, 2022 and a PowerPoint presentation, to detail the request from  
Meritage Homes for a conceptual planned development (PD) plan and special  
exception approval and concurrent preliminary PD plan/plat approval for a  
proposed development, Hampton Park PD. He made mention that on November  
18, 2021, the Planning and Zoning Committee voted to recommend BCC  
approval of Meritage Homes' request to move the project forward.  
Under Board discussion, Chairman O'Bryan provided comments regarding the  
density of the proposed affordable housing development, which was 2.72 units  
per acre. Commissioner Moss requested and received clarification from the  
Board and staff about wetland mitigation banks, and how the scores and credits  
were calculated. Vice Chairman Earman, who spoke about the history of the  
property, was satisfied with the mitigation calculation.  
Mr. J. Wesley Mills, Project Engineer, Mills, Short & Associates, LLC,  
representing Meritage Homes, was present to respond to inquiries from the  
Board.  
Under public discussion, Mr. Stan Boling was supportive of the project; however  
he voiced concerns about the narrow roadway and shoulder on 8th Street, west  
of 43rd Avenue. Mr. Joseph Paladin, President, Black Swan Consulting,  
expressed support for the project and the applicant.  
There being no further comments, Chairman O'Bryan closed the public hearing.  
Chairman O'Bryan and Vice Chairman Earman commented on the area  
roadways/communities, the basic design of the proposed development, and the  
challenges that may arise due to the homes being built in close proximity to one  
another. They noted their support for the project.  
Mr. Mills returned to the podium to address the comments that were made by the  
Board.  
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  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from C4L Productions Charities re: MLK Day Parade and  
Program  
(Clerk's Note: This item was moved to follow Item 5.A., and will remain  
here for continuity.)  
Dale Dawkins, Kenny Holmes, Freddie Woolfork, and Teddy Floyd, who were  
present before the Board to represent C4L Productions Charities, announced the  
planned events for Martin Luther King, Jr. Day 2022 in Gifford. They expressed  
sincere appreciation for the Board's endorsement, and invited the public to join  
them for the celebration.  
Wilfred Hart, representing the School District of Indian River County, stated that  
the school district was in full support of the efforts put forth to honor the late Dr.  
Martin Luther King, Jr.  
No Action Taken or Required  
10.B.2.  
Request to Speak re: Vero Beach Sock Drive  
Mr. Barry Shapiro and Ms. Theresa Baxter were present to announce the 4th  
Annual Vero Beach Sock Drive. Mr. Shapiro stated that their website,  
donation process by having socks delivered directly to them. He provided the list  
of corporate donors, the locations of the sock drop boxes, and the local charities  
they work with to provide socks and other donated necessities. Ms. Baxter,  
Program Coordinator for the Senior Citizens Program at the Gifford Youth  
Achievement Center, was proud to assist Mr. Shapiro in his mission to bring  
happiness in the form of donated socks to individuals and families who were in  
need.  
It was suggested by Vice Chairman Earman that a sock collection box could be  
placed in one of the buildings at the County Administration Complex; County  
Administrator Jason Brown was in agreement.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
County Attorney Dylan Reingold read the notices for public hearings to be held  
on January 18, 2022.  
10.C.1.  
Public Notice of Public Hearing for January 18, 2021, to Consider an Ordinance  
Amending Chapter 304 by Updating Terms and Eliminating Regulation of  
Wheelchair Vehicle Services (Legislative)  
Attachments: Staff Report  
No Action Taken or Required  
10.C.2.  
Notice of Public Hearing Scheduled for January 18, 2022 Board Meeting for a  
County Initiated Request to Amend the Text of the County’s Comprehensive Plan  
[Legislative]  
Recommended Action:  
The referenced public notice item is provided for the Board’s information. No  
action is needed at this time.  
Attachments: Staff Report  
No Action Taken or Required  
10.C.3.  
Notice of Public Hearing Scheduled for January 18, 2022 Board Meeting for  
LDR Amendments Allowing Solar Facilities as a Permitted Use in all Agricultural  
Zoning Districts  
Recommended Action:  
The referenced public notice item is provided for the Board’s information. No  
action is needed at this time.  
Attachments: Staff Report  
No Action Taken or Required  
10.C.4.  
Notice of Scheduled Public Hearing for January 18, 2022 Board Meeting to  
Consider Miscellaneous Budget Amendment 002 and Miscellaneous Budget  
Amendment 003  
Recommended Action:  
The Referenced Public Notice Item is Provided for the Board's Information. No  
Action is Required.  
Attachments: Staff Report  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
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  
12.G.1.  
Fire Station #13 - Removal of Fire Tower  
Recommended Action:  
Staff recommends Option 3 to the Board of County Commissioners to work with  
the City of Fellsmere to formulate an agreement to transfer ownership of the  
tower structure to the City of Fellsmere within 90 days. If the City of Fellsmere  
fails to enter into an agreement within 90 days, the Board authorizes Public  
Works to demolish the fire tower and secondary structure and remove them from  
the property. Staff also recommends that the Board approve funding not to  
exceed $40,000 for the removal of the fire tower and secondary structure if no  
agreement is reached with the City of Fellsmere  
Attachments: Staff Report  
Public Works Director Rich Szpyrka referred to staff's memorandum dated  
December 28, 2021, to address the poor condition of the fire tower and  
secondary structure located at Fire Station No. 13. He presented four (4)  
options for Board consideration: remove, refurbish, transfer ownership or leave  
the tower and structure in 'as is' condition.  
Under Board discussion, Vice Chairman Earman mentioned the history of the  
tower and the possibility of a joint project if the tower was purchased by the City  
of Fellsmere as presented in Option 3, which was staff's recommendation.  
Commissioner Flescher voiced his concern with the tower's deteriorated  
condition. Commissioner Adams supported staff's recommendation of Option 3,  
yet cautioned that the City of Fellsmere would need to find funding to move the  
tower to Trailhead Preserve. She included comments about the escalating costs  
of preserving historic structures, and her sincere hope that the City of Fellsmere  
could move forward with the project.  
County Administrator Jason Brown made mention that the City of Fellsmere  
would be discussing the fire tower project at their upcoming Council meeting.  
Deputy County Attorney Bill DeBraal provided comments on the unique  
characteristics of the fire tower.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation, including the authorization of  
an amount not to exceed $40,000 for demolition and removal of the fire tower  
and secondary structure, if necessary. 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  
2022 Committees Vacancies  
13.A.  
Attachments: Staff Report  
County Attorney Dylan Reingold discussed the four (4) current committee vacancies,  
noting that the County Attorney's office had received no applications. Vice Chairman  
Earman added comments about the possibility of making changes to the qualifications  
required. Attorney Reingold responded with the language written in the Florida  
Statutes. Vice Chairman Earman agreed to revisit the topic for further discussion at a  
future meeting.  
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  
The Board of County Commissioners reconvened as the Board of Commissioners for  
the Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
B. Solid Waste Disposal District  
15.B.1.  
Approval of Minutes Meeting of October 12, 2021  
Approve  
Recommended Action:  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of  
October 12, 2021. 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.  
Purchase of Mettler Toledo Landfill Automated Scale System  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
the following: a) Approve the proposal from Mettler Toledo in the amount of  
$181,870 for the purchase and installation of a new automated scale system and  
authorize the Purchasing Manager to issue a purchase order to Mettler Toledo  
after review and approval by the County Attorney’s Office; and, b) Authorize the  
processing of a 30% down payment of $54,561 upon receipt of an invoice from  
Mettler Toledo  
Attachments: Staff Report  
SWDD Managing Director Himanshu Mehta provided the benefits associated  
with installing a new automated scale system.  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, Chairman O'Bryan adjourned the meeting at 10:49  
a.m.