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, October 11, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Pastor Larry Boan, Central Assembly of God  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Deleted: Items 10.B.1. and 10.B.2. Public Discussion Items  
Postponed: Item 14.B.1. Discussion on Changes to Beach Nourishment Program  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Agenda as amended. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-0843  
5.A.  
Presentation of Proclamation Designating October, 2022, As Manufacturing Month In  
Indian River County, Florida  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Helene Caseltine, Economic Development Director, Indian River County Chamber of  
Commerce (Chamber), discussed the variety of manufacturing businesses based in the  
County, the technical nature of modern manufacturing jobs, and the Manufacturing  
Boot Camp for high school students. Ms. Caseltine went on to introduce Chamber  
staff, and representatives from an assortment of local manufacturers and organizations  
including Piper Aircraft, Pusher Intakes, Novurania, the School District of Indian  
River County, and Career Source Research Coast.  
Read and presented by Vice Chairman Earman  
22-0848  
5.B.  
Proclamation Recognizing the Month of October, 2022, as National Domestic  
Violence Awareness Month  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Aimee Cooper, CFO for Indian River County Sheriff's Department and this year's  
Executive Committee President of Safe Space, was joined by Safe Space staff as she  
read a poem about a victim of domestic abuse. Ms Cooper provided statistics  
regarding the lethality and costs of domestic abuse, and discussed the assistance  
SafeSpace provided. Charlotte Anderson-Brown, Director of Operations at  
SafeSpace, confirmed for Chairman O'Bryan their new shelter had opened and has  
been at capacity ever since.  
The Commissioners and staff then gathered for a photo wearing the iconic red stiletto  
shoes of SafeSpace's "Walk a Mile in Her Shoes" annual event to raise awareness  
about domestic violence.  
Read and presented by Commissioner Adams  
22-0860  
5.C.  
Presentation of Proclamation recognizing October 2022 as Vaping Awareness Month  
Read & Present  
Recommended Action:  
Carrie Lester, Executive Director, Substance Awareness Center, was joined by  
Coordinators Phyllis Schneider and Kyleigh Savoie, to discuss the programs the  
organization had created to educate students and the public on the dangers of vaping,  
and the need for preventative measures. Ms. Savoie shared upcoming events the  
Youth Coalition had planned.  
Chairman O'Bryan congratulated Ms. Lester on being voted Chairman of the  
Executive Roundtable of Indian River County.  
Read and presented by Commissioner Moss  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0842  
7.A.  
Indian River County Venue Event Calendar Review  
Informational item only; no action required.  
Recommended Action:  
Attachments: Staff Report  
Chairman O'Bryan highlighted the following events: Operation Green Light for  
Veterans, and the Monster Mash at the IG Center. The Chairman extended an  
invitation for all to join in the inaugural Peter D. O'Bryan Disc Golf Championship on  
Saturday, October 15, 2022.  
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 Item 8.I. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0836  
8.A.  
8.B.  
8.C.  
Award of RFP 2022058 for Medical Services for PSN Shelter  
Recommended Action:  
Staff recommends the Board award RFP 2022058 to Critical Response Strategies,  
LLC, approve the agreement, and authorize the Chairman to sign 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  
22-0837  
Second Extension and Amendment to Staffing Agreement with HireQuest Direct for  
Temporary Day Laborers  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the Second  
Extension and Amendment and authorize the Chairman to execute it after the County  
Attorney has approved it as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0849  
Adoption of Plan Documents Related to the Award of RFP 2022040-457(b)  
Deferred Compensation Plan Recordkeeping Services to Lincoln Financial Services  
Recommended Action:  
Staff recommends and respectfully requests that the Board adopt the plan documents  
associated with the Award of RFP2022040 to serve as record-keeper for the 457(b)  
Deferred Compensation Plan.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0850  
8.D.  
Authorization of a Side by Side Recordkeeping Agreement with Nationwide  
Retirement Solutions Inc for Recordkeeping Services for Assets in the Nationwide  
Fixed Account, the Termination of the ProAccount, and the Application for Group  
Flexible Purchase Payment Deferred Fixed Annuity Contract  
Recommended Action:  
Staff respectfully requests the Board authorize the amendment to the Administrative  
Services Agreement for the County’s Governmental 457(b) Deferred Compensation  
Plan of Indian River County effective September 27, 2022 providing for Fixed  
Account recordkeeping services with Nationwide, the termination of the ProAccount  
option, and the application for Group Flexible Purchase Payment Deferred Fixed  
Annuity Contract under the terms outlined in the Nationwide proposal  
Attachments: Staff Report  
Approved staff's recommendation  
22-0852  
8.E.  
Work Order 13 to Bowman Consulting Group, LTD for West Wabasso Phase 3A  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order 13  
to Bowman Consulting Group, LTD., in the amount of $39,250, and authorize the  
Chairman to execute and sign on their behalf  
Attachments: Staff Report  
Approved staff's recommendation  
22-0851  
8.F.  
MedFast Urgent Care Center Letter of Intent for Lease  
Recommended Action:  
Staff recommends the Board approve the Letter of Intent as proposed for MedFast  
Urgent Care Center and authorize the Chairman to execute a final Lease Agreement  
on behalf of the Board once finalized and approved by the County Attorney’s Office.  
Staff also recommends that the Board declare the kitchen equipment as surplus, and  
authorize its disposal as proposed.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0853  
8.G.  
8.H.  
8.I.  
Post Hurricane Ian Beach Profile Surveys  
Recommended Action:  
The recommendation of staff is for the BCC to approve Work Order No. 1 to the  
Professional Land Surveying and Mapping Services contract with Morgan and  
Eklund, Inc., in the amount of $60,000.00 and authorize the Chairman to sign the  
Work Order on behalf of the County  
Attachments: Staff Report  
Approved staff's recommendation  
22-0854  
Hurricane Ian Storm Impact Assessments - Sectors 3, 5 and 7  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Work Order No.  
2018008-05 in the amount of $22,500.00 for Hurricane Ian damage assessment  
reports for Sectors 3, 5 and 7 under the continuing services agreement with APTIM,  
and authorize the Chairman to sign the Work Order on behalf of the County.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0856  
Resolutions Cancelling Taxes  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolutions to cancel certain taxes upon the properties purchased by Indian River  
County for a public purpose, and the Clerk to send a certified copy of the Resolutions  
to the Tax Collector and the Property Appraiser so that any delinquent or current  
taxes can be cancelled.  
Attachments: Staff Report  
Commissioner Adams explained she pulled the item to highlight the working  
relationship and property donation from the Corrigan family for the replacement of  
Fire Station 7. County Administrator Jason Brown expressed appreciation to the  
Corrigan family, and was excited to begin construction.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation and Resolutions 2022-077  
(Right-of-Way) and 2022-078 (Fire Station), cancelling certain taxes upon publicly  
owned lands, pursuant to Section 196.28, Florida Statutes. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0857  
8.J.  
Approval to Piggyback USF Xerox Contract  
Recommended Action:  
Staff requests the Board waive the requirement for bids for copiers, printers and  
multi-functional printers, and authorize staff to piggyback the contract between USF  
and Xerox. Staff also recommends the Board authorize the Purchasing Manager to  
sign any required individual leases with Xerox, as appropriate under the agreement,  
after review by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
22-0839  
10.A.1.  
Glendale Baptist Church, Inc.’s Request for Modified Conceptual Site Plan and  
Special Exception Use Approval for Glendale Baptist Church and School  
[SP-SE-21-08-19 / 2004040365-89958] (Quasi-Judicial)  
Recommended Action:  
Staff recommends that the BCC grant modified conceptual site plan approval and  
special exception use approval for child care services to be added as a use on the  
site with the following conditions: 1. The final site plan (for each respective project  
phase) and associated County permits shall include the final design of the  
following: a. Tree protection and tree mitigation plan; b. Landscape plan; c. Left  
and right turn lanes at both project driveway connections (27th Avenue and 4th  
Street); d. Stormwater management system that will accommodate runoff  
generated by the offsite left and right turn lanes; e. 27th Avenue sidewalk; f.  
Internal sidewalk/pedestrian system; g. Street lighting plan: and h. Playground  
area. 2. The maximum student enrollment shall not exceed 400 students. 3. The  
multi-purpose playfield shall not include outdoor lighting. Any future request to  
add outdoor lighting to the playfield area will require special exception approval  
(PZC review and BCC approval). 4. Prior to issuance of a Certificate of  
Occupancy (C.O.) for Phase 1, the required left and right turn lanes at the  
driveway connection to 27th Avenue shall be completed. 5. Prior to issuance of a  
Certificate of Occupancy (C.O.) for Phase 2, the required left and right turn lanes  
at the driveway connection to 4th Street shall be completed.  
Attachments: Staff Report  
Chairman O'Bryan introduced the parties for the proceeding as being Glendale  
Baptist Church, Inc. and Indian River County.  
Each Commissioner, as requested by the Chairman, disclosed ex parte  
communications, site visits, or independent investigations. The Commissioners  
also affirmed that they have an open mind and can base their decisions on the  
evidence presented and the applicable law. The Deputy Clerk administered the  
Oath to all persons who wished to speak at the hearing.  
Director of Community Development Phil Matson introduced Brandon Creagan,  
Senior Planner, Current Development, who presented the special exception  
process, map, traffic and landscape plans, dedications, and improvements. He  
informed that the Planning and Zoning Commission had approved the plan at their  
August 25, 2022 meeting, then detailed staff's recommendation for approval with  
conditions.  
Vice Chairman Earman was advised the 4th Street connection would be  
constructed in Phase II because of the staggered start-up of the preschool.  
Chairman O'Bryan received information regarding the car loop, and coordination  
of start times with a nearby elementary school. He expressed concern regarding  
congestion in the car loop and possible back-ups.  
The Chairman opened the hearing for public comment.  
Joseph Paladin, Indian River Neighborhood Association, expressed support for  
the project.  
There being no further comments, the Chairman closed the public hearing.  
Staff's presentation closed with information regarding the direct mail effort to  
inform nearby residents which yielded no objections. County Attorney Dylan  
Reingold received confirmation that the Board's approval included the conditions  
enumerated in staff's recommendation.  
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  
B. PUBLIC DISCUSSION ITEMS  
22-0844  
10.B.1.  
Request to Speak from Regina Hawkins re: No Prior Seizure Notification of  
8725 64th Ave  
Recommended Action:  
No Action Required  
Request to speak withdrawn  
22-0845  
10.B.2.  
Request to Speak from Quinesha Hawkins re: Redevelopment of 8725 6th Ave  
for Affordable Housing  
Recommended Action:  
No Action Required  
Request to speak withdrawn  
C. PUBLIC NOTICE ITEMS  
22-0819  
10.C.1.  
Public Notice of Continued Public Hearing for October 18, 2022, to Consider an  
Ordinance Establishing the LP Community Development District  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
22-0786  
11.A.  
Proposed 2023 Meeting Dates -- Board of County Commissioners  
Recommended Action:  
Staff recommends the every-other week pattern for more effective workflow for the  
meetings and implementation of Board policy as determined at each meeting. Staff  
further recommends that the Board approve Attachment B for the 2023 Commission  
Meeting Calendar  
County Administrator Jason Brown presented staff's recommendation to modify the  
Board's meeting schedule for 2023 by holding meetings every-other-week. He noted  
the change would result in fewer meetings during the year, with 23 instead of 31, and  
was consistent with other Counties' policies.  
Under discussion, most Commissioners expressed support for the proposed schedule  
change noting it allowed more time for staff to implement the Board's direction,  
consolidated meetings, and required less preparation time from staff. Commissioner  
Moss suggested holding one meeting each month in the evening. Vice Chairman  
Earman requested modifications to the March and December meeting dates.  
Commissioner Flescher was not in support of the change, and expressed a preference  
for the status quo in the interest of expediency for the public. He was concerned  
about slowed progress and an increased need for special call meetings.  
Joseph Paladin, Black Swan Consulting, supported the change.  
Deryl Loar, Commissioner-elect, expressed concern that the change would result in  
longer meetings.  
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to  
approve staff's recommendation for Option B, alternating weeks schedule, as  
modified to add a meeting on March 28, 2023, and to change the date of the  
December 19, 2023 meeting to December 12, 2023. The motion carried by the  
following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Moss  
1 - Commissioner Flescher  
22-0858  
11.B.  
Debris Collection Post-Hurricane Ian  
Recommended Action:  
Based upon the additional debris that has piled up along with the FEMA approval for  
debris removal expenses, staff recommends the Board authorize staff to mobilize  
CERES, the County’s contracted emergency debris disposal contractor along with  
Debris Tech, our emergency debris removal monitoring provider.  
County Administrator Jason Brown provided an update on the vegetative debris left  
behind after Hurricane Ian, and the County's struggle to clear roadways with existing  
resources. Administrator Brown discussed staff's recommendation to mobilize the  
County's contracted emergency debris disposal and monitoring contractors. He  
informed the County had received Federal Emergency Management Agency (FEMA)  
approval for 100% reimbursement of the costs to clear public rights-of-way.  
Administrator Brown and Vice Chairman Earman entered into discussion regarding  
whether private communities could obtain FEMA reimbursement for clearing private  
roadways. Administrator Brown voiced concerns which included not meeting the  
threshold for the extraordinary steps and justifications FEMA required, delays,  
possible non-reimbursement, and standard levels of service.  
Commissioner Flescher requested a two-week extension on the waiver of tipping  
fees, adopted at the Board's October 4, 2022 meeting. Chairman O'Bryan expressed  
hesitation to have the County remove the debris because of the precedent it would set  
in the aftermath of future storms.  
Under discussion, a motion was made by Vice Chairman Earman, seconded by  
Commissioner Flescher, to approve staff's recommendations, as well as an extension  
of the tipping fee moratorium, and limiting debris collection to larger piles of  
vegetation.  
Louise Hubbard, former Executive Director, Treasure Coast Homeless Services  
Council, recounted difficulties she experienced obtaining FEMA reimbursement.  
Debbie Perez, Government Affairs Manager, Waste Management, reported on the  
status of the debris and addressed residences that had been bypassed for  
non-payment.  
Rich Szpyrka, Public Works Director, cautioned that the requirement to focus on  
larger piles of debris would cause a logistical problem for staff, as well as complicating  
the FEMA monitoring process. Administrator Brown supported staff's concerns and  
commented on the confusion it could cause.  
Vice Chairman Earman modified his motion to eliminate the requirement to limit debris  
removal to only larger piles, and Commissioner Flescher amended his second.  
Chairman O'Bryan reiterated his concern for setting a precedent for County  
obligations.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation as modified to limit debris removal  
from public rights-of-way only, and to extend the waiver on tipping fees for an  
additional two weeks past the October 19, 2022 deadline. The motion carried by  
the following vote:  
4 -  
Aye:  
Nay:  
Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and  
Commissioner Moss  
1 - Chairman O'Bryan  
The Chairman called for a recess at 10:32 a.m., and reconvened the meeting at 10:42  
a.m. with all members present.  
12. DEPARTMENTAL MATTERS  
A. Community Development  
22-0816  
12.A.1.  
Requesting Authorization for Community Development Department Director, on  
behalf of the Indian River Board of County Commissioners, to Execute Single  
Family and Multi-Family Affordable Housing Impact Fee Waiver/Reduction  
Agreements.  
Recommended Action:  
Staff recommends that the Board of County Commissioners: 1. Direct staff to  
prepare and notice for a formal amendment to Article X, Appendix A Impact Fee  
Schedules. 2. Authorize the Community Development Department Director, On  
Behalf of the Indian River Board of County Commissioners, to Execute Single  
Family and Multi-Family Affordable Housing Impact Fee Waiver/Reduction  
Agreements.  
Attachments: Staff Report  
Community Development Director Phil Matson provided background on his  
department's affordable housing initiatives, and the County's increased need for  
workforce housing. Long Range Planning Chief John Stoll discussed past impact  
fee revisions, and the Affordable Housing Advisory Committee's (AHAC)  
recommendation to expand certain impact fee waivers to incentivize private  
development. He continued on to detail the considerations and proposed changes  
to certain impact fees, and staff's recommendation. Director Matson concluded  
the presentation by illustrating how this program fit into Community  
Development's Visioning Implementation Principles matrix.  
Chairman O'Bryan received confirmation from County Administrator Jason  
Brown the impact fee waivers would remove money from the general fund, but  
the amount was not significant with only 14 projects approved last year.  
Louise Hubbard, Coalition for Affordable Homes, spoke in support of the  
program's parameters.  
Commissioner Flescher agreed with the safeguards and controls in the program,  
and spoke about the impact of less gas tax revenue. Commissioner Adams  
expressed appreciation for the continued emphasis on affordable housing  
initiatives.  
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. 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  
22-0841  
13.A.  
Request for Closed Attorney-Client Session Relating to INDIAN RIVER COUNTY  
v. TWENTY-TWO BEACHFRONT PROPERTIES LOCATED BETWEEN,  
AND INCLUDING, 9586 DOUBLOON DR., AND, BUT NOT INCLUDING,  
1820 WABASSO BEACH RD., VERO BEACH, FLORIDA, 32963 (Case No.:  
31 2018 CA 000881)  
Recommended Action:  
The County Attorney recommends that the Board schedule a closed attorney-client  
session to occur at 10:30 AM on October 18, 2022.  
Attachments: Staff Report  
County Attorney Dylan Reingold requested approval of a Closed Attorney-Client  
session on October 18, 2022 to discuss litigation-expense settlement strategy in the  
case also known as the (referred to as) the County/Summerplace Beach Customary  
Use case.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the County Attorney's request to have the Board schedule a  
Closed Attorney-Client session to occur at 10:30 a.m. on October 18, 2022. The  
motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
B. Commissioner Joseph H. Earman, Vice Chairman  
22-0823  
14.B.1.  
Proposal for Revised Beach Renourishment Project Easement  
Discuss  
Recommended Action:  
Vice Chairman Earman requested postponement of the issue pending additional  
information and stated he would bring the item back at a later date with a  
proposed solution.  
Postponed/Continued  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:00 a.m.