Indian River County

Administration Complex

1801 27th Street, Building

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, March 15, 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

Rev. Elizabeth Johnson, Community Church of Vero Beach

3. PLEDGE OF ALLEGIANCE

Jason Brown, County Administrator

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Amended prior to meeting: Items 8.K. and 8.N.

Added: Item 11.A. Legislative Update

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, 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

22-0209

5.A.

Presentation of Proclamation Honoring Clent Kirkland on His Retirement From Indian

River County Board of County Commissioners Department of Public Works / Road

& Bridge Division with Thirty-Nine Years of Service

Attachments: Proclamation

Mr. Clent Kirkland was joined by his family as he accepted the Proclamation in honor

of his 39-year career with the County. He cited hard work and effort as the secret to

his long, successful career. Public Works Director Richard Szpyrka lauded Mr.

Kirkland's knowledge and expressed how much he would be missed.

Read and Presented by Chairman O'Bryan

22-0202

5.B.

Presentation of Proclamation Honoring Gloria Smith on Her Retirement from the

Indian River County Clerk of Circuit Court & Comptroller's office with 40 Years of

Service

Recommended Action:

Read and Present

Attachments: Proclamation Smith

Ms. Gloria Smith was supported by her husband and several employees from the

Clerk's Office as she accepted recognition for her record-setting 40 years of

dedicated service. Clerk of Circuit Court and Comptroller Jeffrey R. Smith noted

that Ms. Smith was an irreplaceable, valued team member. Vice Chairman Earman, a

fellow classmate of Ms. Smith, praised her caring nature and offered congratulations.

Read and Presented by Commissioner Adams

22-0230

5.C.

Presentation of Proclamation Recognizing the Week of March 20-26, 2022, as

National Surveyors Week

Recommended Action:

Read and Present

Attachments: Proclamation

Mr. Bob Johnson, Vice President, Indian River Chapter of the Florida Surveying and

Mapping Society, appeared before the Board to accept the Proclamation on behalf of

all surveyors. Mr. Johnson cited notable surveyors and their contributions throughout

history. He encouraged those looking for more information to visit the Florida

Surveying and Mapping Society's website at www.fsms.org.

Read and Presented by Commissioner Flescher

22-0148

5.D.

Presentation of My Government Online Permitting System by Ken Jenkins,

Implementations Manager

Community Development Director Phil Matson introduced the item before he turned

the presentation over to Mr. Ken Jenkins, Software Implementations Manager, South

Central Planning and Development Commission (SCPDC).

Mr. Jenkins utilized PowerPoint slides to provide background on SCPDC and the

products they develop for governmental entities. He explained that the

MyGovernmentOnline software would fulfill recently-passed state statutes requiring

web-based permitting and inspections. Mr. Jenkins continued with discussion of the

software's features which included a 24-hour customer portal, mobile capability,

digital plan review, automated alerts and tracking, and direct customer support.

Chairman O'Bryan received confirmation from Director Matson that when the system

was fully operational, developers could see the status of their permits online. Director

Matson estimated the software's rollout would begin in the spring and run through fall.

He also thanked staff for their work in transitioning to a fully electronic system.

Presented

22-0188

5.E.

Informational Update Regarding the Lost Tree Islands Conservation Area

Restoration/Enhancement Plan

Recommended Action:

Update on the Lost Tree Islands Conservation Area Restoration/Enhancement Plan.

No Board action is required.

Attachments: Staff Report

Assistant County Administrator Mike Zito began the presentation with a slideshow

which modeled the ranking methodology used in the last bond referendum that funded

conservation land purchases such as the Lost Tree Islands.

Beth Powell, Assistant Director, Parks and Conservation Resources, continued with

an update on the Lost Tree Islands restoration and enhancement, the County's largest

lagoon-based project. Her presentation included history of the islands, ecological

significance, historical changes, and restoration/enhancement efforts. Ms. Powell then

described the designs and objectives for the three islands such as enhanced water

flow, resiliency, minimized mosquito production, removal of non-native plant species,

and recreational opportunities.

Under discussion, Commissioner Adams received information on the methods used to

inhibit regrowth of invasive exotics such as mechanical shredding and new herbicides.

Chairman O'Bryan and Vice Chairman Earman, whose grandfather is the namesake

of one of the islands, expressed support of the project.

Presented

6. APPROVAL OF MINUTES

22-0227

6.A.

Regular Meeting Minutes of January 18, 2022

Approve

Recommended Action:

Attachments: 01182022 BCC Draft

Commissioner Moss requested the addition of a sentence to the January 18, 2022

Regular Meeting Minutes which were before the Board for approval. The

Commissioner referred to Item 14.E.1. as she read aloud the words that she wanted

incorporated into the minutes.

Chairman O'Bryan reminded Commissioner Moss that the minutes were designed to

be written as summation rather than verbatim, and expressed that he did not want to

set a policy of having Commissioners nitpicking individual sentences. The Chairman

also stated that he thought the January 18th minutes reflected the discussion and

actions that transpired.

Commissioner Moss continued to that maintain that her suggested

sentence-and-a-half should be included in the minutes. Discussion concluded as

Chairman O'Bryan called for a vote on the motion on the floor.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Meeting Minutes of January 18, 2022 as written. The

motion carried by the following vote:

4 -

Aye:

Nay:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and

Commissioner Flescher

1 - Commissioner Moss

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

22-0210

7.A.

Clerk of Circuit Court and Comptroller Jeffrey R. Smith announces Operation Green

Light to be held on Saturday, March 26, 2022 from 10:00 a.m. until 2:00 p.m. at the

Courthouse

Recommended Action:

Information Only

Attachments: Flyer

Clerk of Circuit Court and Comptroller Jeffrey R. Smith appeared before the Board

to promote Operation Green Light, a program to help drivers reinstate their licenses.

He announced that on Saturday, March 26, 2022, residents with suspended driver

licenses could either come to the Courthouse or go online to pay their traffic fines

without collection fees.

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.D., 8.G.,

8.K., and 8.M. for discussion. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0200

8.A.

8.B.

8.C.

Quarterly OPEB Trust Report for Quarter Ending 12/31/2021

Accept the report

Recommended Action:

Attachments: Investment Committee OPEB Report

Accepted

22-0201

Quarterly Investment Report for Quarter Ending 12/31/2021

Accept the report

Recommended Action:

Attachments: Investment Committee Report

Accepted

22-0203

Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education

Program Trust Fund Report - Cumulative Reporting Through 12/31/2021

Recommended Action:

Accept the report

Attachments: Finance Department Staff Report

Accepted

22-0204

8.D.

Quarterly Tourist Development Tax Report for Quarter Ending 12/31/2021

Accept the report

Recommended Action:

Attachments: Tourist Development Tax Report

Clerk of the Circuit Court and Comptroller Jeffrey R. Smith reported that Tourist

Development tax collections had increased in the quarter ending December 31, 2021,

as compared to the same quarter in 2019, before the pandemic. He attributed the

increase to additional hotel rooms, and higher rates for short-term rentals.

Chairman O'Bryan received confirmation from Mr. Smith that the report contained

only a summary of the tax revenue and no analysis of the tourist market.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to accept the Quarterly Tourist Development Tax Report for Quarter

Ending 12/30/2021. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0178

8.E.

D. R. Horton, Inc.’s Request for Final Plat Approval for The Cove at Falcon Trace

PD Plat 2 [PD-14-07-06 / 2001050202-90100]

Recommended Action:

Staff recommends that the Board of County Commissioners grant final plat approval

for The Cove at Falcon Trace PD Plat 2.

Attachments: Staff Report

Location Map

Final Plat Layout

Approved staff's recommendation

22-0207

8.F.

Award of Bid No: 2022026, Jackie Robinson Training Complex Ticket Office

Building Renovations, IRC-2020

Recommended Action:

Staff recommends that the Board award bid 2021010 to De La Hoz Builders, Inc. in

the amount of $413,790.34. Staff also recommends the Board of County

Commissioners approve the sample agreement and authorize the Chairman to execute

said agreement after receipt and approval of the required Certificate of Insurance by

the Risk Manager, confirmation of De La Hoz Builders, Inc. enrollment in the e-verify

database, and after the County Attorney has approved the Public Construction Bond

and agreement as to form and legal sufficiency.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

22-0223

8.G.

Approval of FWC Grant for Indian River County Derelict Vessel Removal Project

Recommended Action:

Staff recommends that the Board of County Commissioners approve the sample

agreement and authorize the Chairman to execute Agreement 21255 in the amount of

$34,300.00 on behalf of the County upon receipt.

Attachments: Staff Report

FWC Grant Sample Agreement

IRC DV Removal Map

Grant Form

Vice Chairman Earman commended Natural Resources Manager Eric Charest and

staff for the expedited clearing of derelict vessels in the Indian River Lagoon. Public

Works Director Richard Szpyrka explained that the Florida Fish and Wildlife

Conservation Commission (FWC) had sped up their approval process which allowed

staff to have vessels removed quickly.

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

22-0213

8.H.

Hallstrom Farmstead Conservation Area Public Use Improvements - Amendment

No. 1 and 2 to Work Order No. 18

Recommended Action:

Staff recommends the Board accept Amendment Number 1 to Work Order Number

18 and authorize the Chairman to execute the Amendment after review and approval

by the County Attorney.

Staff further recommends the Board accept Amendment Number 2 to Work Order

Number 18 and authorize the Chairman to execute the Amendment after review and

approval by the County Attorney.

Attachments: Staff Report

Amendment #1 agreement

#1 Itemized Costs

Amendment #2 agreement

#2 Itemized Costs

Approved staff's recommendation

22-0160

8.I.

Award of Bid 2022019 for Hallstrom Farmstead Parking Lot, Trail and Restroom

Construction

Recommended Action:

Staff recommends the Board waive the technicality in the late submittal of the

Certification Regarding Lobbying Form, and award the bid to Jobear Contracting,

Inc. Staff also recommends the Board approve the sample agreement, and authorize

the Chairman to execute it after the County Attorney has approved it and the Public

Construction Bond as to form and legal sufficiency, and after receipt and approval of

the required insurance by the Risk Manager. Finally, staff recommends the board

authorize the Budget Office to make up any difference in funding needed for the

project through a future cash forward budget amendment.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

22-0181

8.J.

Designation of Single Source for ESO Scheduling and Personnel Management

Software

Recommended Action:

Staff recommends the Board designate ESO Solutions, Inc. as the sole source

provider of personnel management and scheduling software for the District, and

authorize the Purchasing Division to issue a Purchase Order to ESO Solutions, Inc. in

the amount of $35,515.

Attachments: Staff Report

Notice

ESO Quote

Approved staff's recommendation

22-0186

8.K.

Miscellaneous Budget Amendment 005

Recommended Action:

Staff recommends the Board of County Commissioners approve the budget resolution

amending the fiscal year 2021-22.

Attachments: Staff Report

2021 2022 Resolution

Exhibit "A"

Vice Chairman Earman highlighted changes contained in Budget Amendment 005,

which included the addition of a staff member to each of three departments: Code

Enforcement, Community Development, and Parks and Recreation. County

Administrator Jason Brown added that the Parks Department was bringing beach

park maintenance back in-house.

A motion was made by Vice Chairman Earman, seconded by Commissioner

Adams, to approve Resolution 2022-017, amending the Fiscal Year 2021-2022

Budget. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0197

8.L.

First Extension and Amendment to Agreement for Disaster Debris Monitoring

Services

Recommended Action:

Staff recommends the Board approve the Extension and Amendment and authorize

the Chairman to sign it after the County Attorney has approved it as to form and legal

sufficiency.

Attachments: Staff Report

First Extension and Amendment

Approved staff's recommendation

22-0208

8.M.

Outside Agency Funding Policy Revisions

Recommended Action:

Staff recommends the Board of County Commissioners approve the proposed

changes to the Outside Agency Funding Policy.

Attachments: Staff Report

Proposed Outside Agency Funding Policy

Outside Agency Funding Policy May 2017 Strikethrough Version

Tourist Development Council Meeting Minutes March 14, 2007

Tourist Development Council Meeting Minutes May 16, 2018

Tourist Development Council Meeting Minutes March 13, 2019

Allocation of One-Half Cent Tourist Tax Revenue

BCC Meeting Minutes from February 2, 2021

Director of Management and Budget Kristin Daniels appeared before the Board

regarding revisions to the County's Outside Agency Funding Policy; the revisions

memorialized previously approved funding parameters set by the Tourist Development

Council (TDC), as well as a Board-authorized reallocation of Tourist Tax revenue.

Commissioner Moss received confirmation from Director Daniels that there were

three (3) items up for approval before the Commissioner went on to express her

opposition. Commissioner Moss stated that the TDC did not have the authority to

approve funding decisions, and that the Board had a fiduciary responsibility to the

public which the TDC did not share. Commissioner Moss requested the County

Attorney's assistance in bringing the item back before the Board with public notice in

light of the Board's fiduciary responsibility.

There was no discussion among the Board regarding Commissioner Moss' request.

A motion was made by Commissioner Adams, 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

22-0231

8.N.

Authorization for Out of County Travel to Attend Conferences

Approve

Recommended Action:

Attachments: Staff Report Travel

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

B. PUBLIC DISCUSSION ITEMS

C. PUBLIC NOTICE ITEMS

22-0212

10.C.1.

Notice of Public Hearing Scheduled for April 5, 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

County Attorney Dylan Reingold read the notice into the record.

No Action Taken or Required

The Chairman called for a recess at 10:25 a.m., and reconvened the meeting at 10:35

a.m. with all members present.

11. COUNTY ADMINISTRATOR MATTERS

22-0233

11.A.

Legislative Update

Attachments: Staff Report Legislative Update

County Administrator Jason Brown provided an update on Senate Bill (SB) 620,

dubbed the "Local Business Protection Act", which moved through the State

Legislature. He noted the bill would allow local businesses to sue for damages against

any county or municipality that enacted an ordinance which impacted their business.

County Administrator Brown requested approval to draft a letter to Florida Governor

Ron DeSantis for the Chairman to sign asking the governor to veto SB 620, as the

issue was not a priority for the Governor. Chairman O'Bryan added that the bulk of

the bill discussed attorney's fees.

A motion was made by Commissioner Adams, seconded by Vice Chairman

Earman, authorizing the Chairman to sign a letter to Florida Governor Ron

DeSantis requesting his veto of Senate Bill 620. The motion carried by the

following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

Administrator Brown continued the legislative update by informing the Board that the

County had received approval for two of its appropriation requests: $400,000 for the

Hobart Water Treatment Plant SCADA System update; and $3 million for the Ixora

Park sewer rehabilitation project. He requested authorization to send a letter to

Governor DeSantis asking for the governor's support of the projects.

Chairman O'Bryan suggested also sending thank-you letters to State Representative

Erin Grall and State Senator Debbie Mayfield.

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, authorizing the Chairman to: 1) sign a letter to Florida Governor Ron

DeSantis requesting his support of funding for the Hobart Water Treatment Plant

SCADA System update, and the Ixora Park sewer rehabilitation project; and 2)

sign a letter to State Representative Erin Grall and State Senator Debbie

Mayfield thanking them for supporting funding of the County's improvement

projects. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

12. DEPARTMENTAL MATTERS

A. Community Development

22-0198

12.A.1.

American Rescue Plan Act of 2021 - Non-Profit Assistance Grant and Down

Payment & Rehabilitation Assistance Program Applications

Recommended Action:

Staff recommends that the Board of County Commissioners consider the

proposed SHARP, RENO, and CENO housing programs, and approve the

programs and direct staff to begin administration of these programs, or direct staff

to make any necessary changes to the programs.

Attachments: Staff Report

John Stoll, Chief of Long Range Planning, utilized a PowerPoint presentation to

provide parameters for a new round of housing assistance programs funded by

the American Rescue Plan (ARP), as requested by the Board at the May 18,

2021 Commission meeting. The programs included the Supplemental Housing

Assistance Rehab and Purchase (SHARP) Program for home purchase or

rehabilitation assistance; the Non-Profit Housing Community Rehab (RENO); and

the Non-Profit Housing Construction (CENO) Programs for the improvement of

multi-family housing and for the construction affordable multi-family housing,

respectively.

Chairman O'Bryan received confirmation from Chief Stoll that single-family homes

would not qualify for a CENO grant, and that the guidelines for the program were

set by the County, not the State. County Administrator Jason Brown added that

the County has worked with Habitat for Humanity's clients to secure down

payment grant assistance. The Chairman also received clarification regarding

ARP funding, and expressed that the $400,000 RENO/CENO grant money

would be used up quickly.

Louise Hubbard, Executive Director, Treasure Coast Homeless Services Council,

expressed support for the programs and spoke of the additional fundraising

opportunities the grants would provide. Ms. Hubbard also mentioned her

partnership in the Coalition for Attainable Homes (formerly Every Dream Has a

Price).

A motion was made by Commissioner Flescher, seconded by Chairman

O'Bryan, 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

22-0217

13.A.

Community Development Districts

Recommended Action:

The County Attorney’s Office recommends the Indian River County Board of County

Commissioners provide guidance on how to proceed with respect to Community

Development Districts.

Attachments: Staff Report

County Attorney Dylan Reingold recapped the discussions which predated this item

regarding Community Development Districts (CDD), including the December 7, 2021

public hearing before the Board, and the February 10, 2022 staff-led workshop. He

noted staff's reservations included concern for the already record-level development

in the County, as well as costs to home buyers; however, staff agreed that CDDs

were appropriate for large developments (500+ acres), those with significant public

infrastructure, or Traditional Neighborhood Developments. Attorney Reingold sought

direction regarding whether the Board supported CDDs as a financing mechanism, as

well as input on future applications and next steps.

Chairman O'Bryan received input from Attorney Reingold on examples of negotiated

developer agreements such as additional disclosure requirements. The Chairman

stated he favored reserving CDDs for large developments (500+ acres) which

provided considerable public benefits beyond those already required by the County.

While he acknowledged that CDDs could provide for ongoing maintenance of

amenities and stormwater systems, the Chairman was wary of transferring risks onto

homeowners, and of receiving backlash from surprised buyers. He recommended

that staff continue to work on setting standards for CDDs in anticipation of a future

significant development proposal.

Commissioners Flescher, Earman and Adams each voiced agreement with the

Chairman’s positions on CDDs while also addressing their own concerns.

Commissioner Flescher advocated for guidelines and consideration for the impact

CDD implementation would have on County staff. He envisioned CDDs for unique

communities such as fly-in or equestrian communities.

Vice Chairman Earman requested holding another workshop to receive specifics

regarding what has been done in other counties. He clarified that he would like to

strike a balance between establishing guidelines and looking for a “winner” of a

project.

Commissioner Adams received clarification that all CDD projects would come before

the Board for final approval. She suggested CDDs could be a useful tool to actualize

innovative developments. The Commissioner provided a list of suggested

requirements for staff to consider when forming parameters.

Commissioner Moss voiced her opposition to CDDs, noting they incentivized

development. She believed the Board’s duty to the community was to concentrate on

current infrastructure, referencing recently proposed taxing districts for paving and

drainage.

Attorney Reingold recapped the direction he received throughout discussion. He

proposed creating a draft CDD policy, and received confirmation that such a policy

would be useful in advance of the next workshop. Chairman O'Bryan referred

positively to the development of Babcock Ranch. Commissioner Adams received an

estimated timeline of May or June for the policy to return before the Board for

approval.

The Chairman opened the floor for public discussion.

Jonathan Johnson, Attorney, Kutak Rock LLP, was in favor of the Board’s

approach; he noted his firm represented Babcock Ranch, and provided his opinion on

appropriate uses for CDDs.

County Administrator Jason Brown received confirmation that Community

Development staff would also be able to provide input on policy creation.

Commissioner Flescher closed discussion by addressing Commissioner Moss’ earlier

comment regarding infrastructure. He wanted the public to be informed that

developers are currently required to pay for infrastructure, and special taxing districts

were the only way to redress the needs of older neighborhoods.

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, directing the County Attorney to: 1) gather the Board's comments

regarding Community Development Districts (CDDs); 2) utilize those comments in

conjunction with input from Community Development staff to create a draft

version of policy parameters for CDDs; 3) schedule a workshop with community

partners to discuss the draft policy; and 4) return to the Board in May or June of

2022 to present the draft policy for Board input and approval. The motion

carried by the following vote:

4 -

Aye:

Nay:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and

Commissioner Flescher

1 - Commissioner Moss

22-0219

13.B.

Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant Program

Recommended Action:

The County Attorney’s Office recommends that the Indian River County Board of

County Commissioners approve the attached letter designating Southeast Florida

Behavioral Health Network to submit a Notice of Intent to file the application for the

Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant and

authorize the chair to execute the letter. The County Attorney’s Office also

recommends that the Board authorize Southeast Florida Behavioral Health Network

to submit a Notice of Intent to Submit an Application to the Criminal Justice, Mental

Health, and Substance Abuse Reinvestment Grant Review Committee for a Florida

Department of Children and Families Criminal Justice, Mental Health, and Substance

Abuse Reinvestment grant.

Attachments: Staff Report

SEFBHN Reinvestment Designation Letter

[Clerk's note: This item was heard following Item 10.C.1.]

County Attorney Dylan Reingold referred to staff's memo dated March 8, 2022 as he

described the grant program which would support expanded services for the County's

Mental Health Court over a three-year period.

Indian River County Sheriff Eric Flowers thanked the Board for pursuing the grant

which he described as crucial. Commissioner Flescher noted that the Indian River

County Public Safety Coordinating Council also voted unanimously to support the

grant application.

A motion was made by Commissioner Flescher, seconded by Vice Chairman

Earman, 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

22-0214

13.C.

Amendments to Section 312.11 (Performance Security) of the Indian River Code of

Ordinances

Recommended Action:

County staff recommends that the Board authorize staff to set a public hearing to

consider an ordinance making amending Section 312.11 (Performance Security) of

the Indian River County Code of Ordinances.

Attachments: Staff Report

Draft Section 312.11 Amendment Language

Assistant County Attorney Susan Prado appeared before the Board with a request to

authorize staff to set a public hearing in consideration of an amendment to the

County's Code of Ordinances (Code). Section 312.11 (Performance Security) of the

Code requires security in the form of cash or a bond for any work done in the County

right-of-way. Staff requested the addition of Letters of Credit as an acceptable form

of security for right-of-way work, as was permissible in other sections of the Code.

A motion was made by Commissioner Flescher, seconded by Vice Chairman

Earman, 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

22-0220

13.D.

Authorization to proceed with foreclosures on Code enforcement case: 2018020108

(Yates)

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

Yates order finding violation signed

Yates order imposing fine

Assistant County Attorney Susan Prado used a PowerPoint presentation to provide

the history of Code Enforcement Case 2018020108 (Yates). She noted the

foreclosure on the estate was based on a Code Enforcement Board (CEB) order

from 2018, though there were also liens from a 2018 Environmental Control Hearing

Board (ECHB) order. On March 8, 2022, the Board granted Ms. Yates a

one-week deferral to bring the property into compliance. Attorney Prado informed

that the property remained out of compliance, and confirmed a required demolition

permit had not been pulled.

Chairman O'Bryan asked Ms. Dallasteen Yates, representative for the Estate of

Dallas and Jane Yates, what her plan was regarding the subject property (Wabasso).

She provided that she had a buyer for a different property (Gifford) from the estate,

and planned to use the proceeds to pay the liens on the Wabasso property before

selling it too. Ms. Yates added that the Gifford property sale fell through when partial

release of lien was not granted, and she expressed confusion at the distinction

between the ECHB and CEB orders.

Attorney Prado interjected to again clarify the orders, and that while the entire estate

was encumbered by the foreclosure, the Gifford property could be sold as long as the

buyer accepted the lien. She noted the Commissioners could not change the CEB

order on the Wabasso property, as it was a court matter, and that property needed to

be brought into compliance regardless of payment of the liens.

Commissioner Adams recalled that this property had come before the Board in 2018,

and that nothing had been done in four (4) years to rectify the blighted structures. The

Commissioner noted that foreclosure was the Board's last option, and she moved to

proceed.

Ms. Yates responded regarding her confusion on the orders, the necessity of fixing the

uninhabited Wabasso structures in advance of sale, the extremity of foreclosure

action, alleged substandard installation of septic tanks in Wabasso, and frustration at

not being able to close on the Gifford property. She reported that she was not

properly notified of the estate's foreclosure on the CEB order, and was doing her best

to sort out the issues.

Under discussion, Vice Chairman Earman received confirmation that the homesteaded

property in the estate could not be foreclosed upon, and expressed disappointment

that more work had not been done toward compliance. Commissioner Flescher

added his empathy for the Yates family, but agreed that the Board had a responsibility

to the community.

Chairman O'Bryan advised that foreclosure proceedings would take thirty (30) days

to complete, and Ms. Yates had that time to comply. Attorney Reingold offered to

work with Ms. Yates through the foreclosure process and to negotiate terms ahead of

finalization. He confirmed his recommendation to move forward legally as it was the

only action which brought a response from the Yates estate.

A motion was made by Commissioner Adams, 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

C. Commissioner Susan Adams

D. Commissioner Joseph E. Flescher

E. Commissioner Laura Moss

15. SPECIAL DISTRICTS AND BOARDS

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.

A. Emergency Services District

B. Solid Waste Disposal District

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Solid Waste Disposal District Meeting Minutes of

December 14, 2021, January 11, 2022, and January 18, 2022, as written. The

motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,

Commissioner Flescher, and Commissioner Moss

22-0218

15.B.4.

Residential Paper Shredding Event on April 9, 2022

Recommended Action:

Solid Waste Disposal District staff recommends that the Board approve the

Spring Residential Paper Shredding Event to be held on April 9, 2022 , and

authorize the County Administrator to sign the Contract Memorandum of

Understanding with Waste Management, Inc., of Florida

Attachments: Staff Report

Paper Shredding Event Flyer

Contract Memorandum of Understanding with WM

[Clerk's Note: This item was heard following Item 5.E.]

Sue Flak, Recycling Education and Marketing Coordinator, provided details of

the April 9, 2022 Residential Paper Shredding Event in partnership with Waste

Management and Southeast Secure Shredding. She anticipated at least 800 cars

would be served at the event.

Chairman O'Bryan received confirmation that Waste Management would pay the

$7-per-car fee so that there would be no cost to the public. The Chairman also

recognized Waste Management Government Affairs Manager Deborah Perez for

going above and beyond by helping Ms. Flak collect recyclable materials after a

recent festival.

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

22-0224

15.B.5.

Authorization to Florida Power & Light to Convert Overhead Lines to

Underground Lines on the Landfill Property

Recommended Action:

Solid Waste Disposal District staff recommends that its Board approve the

recommendations listed on the staff report

Attachments: Staff Report

FPL Invoice

Underground Distribution Facilities Installation Agmt

FPL Non-Exclusive Easement and Exhibits

FPL Notification of FPL Facilities

There was no discussion regarding 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