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 8, 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

Wesley Davis, IRC Property Appraiser

3. PLEDGE OF ALLEGIANCE

Commissioner Laura Moss

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Added: Item 5.B. STEAM Fest

Added: Item 5.C Carolyn K. Eggert Economic Development Award

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

22-0057

5.A.

Presentation of Proclamation Celebrating the 50th Anniversary of the Older

Americans Act Nutrition Program

Recommended Action:

Recommend Read and Present

Attachments: Proclamation 50th Anniversary

Karen Deigl, CEO, Senior Resource Association (SRA), stated during the month of

March the SRA joins thousands of Meals on Wheels programs across America,

raising awareness about senior hunger and isolation. Ms. Deigl showed a video

highlighting the Older Americans Act Nutrition Program.

Read and Presented by Commissioner Moss

5.B.

5.C.

22-0221

22-0222

STEAM Fest

Chairman O'Bryan announced STEAM Fest (Science, Technology, Engineering, Art

and Math), sponsored by the Vero Beach Academy, would be held Saturday,

March 12th at the Intergenerational Recreation Center.

Presented

Carolyn K Eggert Economic Development Award

Chairman O'Bryan applauded County Administrator Jason Brown for receiving the

Carolyn K. Eggert Economic Development Award. County Administrator Brown

spoke on the tremendous honor it was to receive the award for the Small Business

Assistance Program with Cares Act dollars. He thanked the Board, staff, and

partners at the Chamber of Commerce and Indian River State College for helping him

achieve this award.

Presented

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

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. and 8.F.

for discussion. The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0174

8.A.

First Extensions and Amendments to Disaster Debris Management Services

Agreements

Recommended Action:

Staff recommends the Board approve the Sample 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

Sample First Extension and Amendment

Approved staff's recommendation

22-0179

8.B.

First Renewals to Agreements for Custodial Services at County-Owned Facilities

Recommended Action:

Staff recommends the Board approve the Sample First Extension and authorize the

Chairman to execute them after review and approval by the County Attorney as to

form and legal sufficiency.

Attachments: Staff Report

Sample First Extension

Approved staff's recommendation

22-0173

8.C.

Authorizing Resolution to Delegate Signature Authority for Grant Applications to

Various Agencies

Recommended Action:

Staff recommends the accompanying Authorizing Resolution be approved for the

Chairman’s signature delegating signature authority for various agency grant

application submittals to the Public Works Director and Assistant Public Works

Director

Attachments: Staff Report

Authorizing Resolution

Approved Resolution 2022-014, authorizing the Board to delegate specific

signature authority for various agency grant applications to the Indian River

County Public Works Director and Assistant Public Works Director.

22-0185

8.D.

FDOT Small County Outreach Program (SCOP) Agreement and Resolution for

Construction (Milling and Resurfacing) and Construction Engineering Inspection (CEI)

Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to 53rd

Street

Recommended Action:

Staff recommends the Board of County Commissioners approve the Small County

Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman to

execute the same.

Attachments: Staff Report

Grant Form

Authorizing Resolution

FDOT SCOP Agreement

Chairman O'Bryan sought and received confirmation from Public Works Director

Richard Szpyrka on the correct grant amount for the Florida Department of

Transportation (FDOT) Small County Outreach Program (SCOP) agreement.

Director Szpyrka explained the funding received was a reimbursement of up to $3.4

million. He acknowledged the typing error in the document of $1,123,302, which

should have read $3,369,906.

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, to approve Resolution 2022-015, authorizing the Chairman's execution

of Small County Outreach Program (SCOP) agreement with the Florida

Department of Transportation for Construction (milling and resurfacing); and

Construction Engineering Inspection (CEI) Services of CR-603/Indian River

Boulevard from Merrill Barber Bridge to 53rd Street. The motion carried by the

following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0176

8.E.

Appointments to the Economic Opportunities Council of Indian River County, Inc.

Recommended Action:

The County Attorney recommends that the Board reappoint Jennifer Proper, Teddy

Floyd and Jeanette Anderson and appoint Leonard Frankel to the Economic

Opportunities Council of Indian River County, Inc.

Attachments: Staff Report

Approved staff's recommendation

22-0180

8.F.

Award of Bid 2022031 for Utilities Water/Wastewater Fire System Improvements

Recommended Action:

Staff recommends the Board award Bid 2022031 to 1st Fire & Security, Inc.,

approve the Agreement, and authorize the Chairman to sign the agreement after it has

been approved by the County Attorney as to form and legal sufficiency.

Attachments: Staff Report

Agreement

Commissioner Adams welcomed Sean Lieske, the new Director of Utility Services.

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

22-0195

8.G.

Change Order to All Webbs Enterprises, Inc., for the Well Field Feasibility

Expansion Study

Recommended Action:

Staff recommends that the Board of County Commissioners approve the deductive

change order in the amount of $211,465, leaving a revised total agreement with All

Webbs Enterprises, Inc., in the amount of $780,635, and authorize the Chairman to

execute the change order on their behalf

Attachments: Staff Report

AWE Change Order No 1

Approved staff's recommendation

22-0196

8.H.

Authorizing the Purchase Order No. 92697-00, Increase for the Renovation of the

Myrtha Skin Liner at the North County Aquatic Center by A and W Flooring Inc.

Recommended Action:

Staff respectfully recommends that the Indian River County Board of County

Commissioners authorize the Purchasing Division to increase Purchase Order No.

92697-00 to A and W Flooring Inc. for the replacement and renovation of the

Myrtha Skin liner at the North County Aquatics Center and authorize the County

Administrator to approve unanticipated costs associated with this project, up to

$400,000.

Attachments: Staff Report

Performance Bond Cost Estimate

Approved staff's recommendation

22-0194

11.A.

Environmental Land Bond Referendum

Recommended Action:

Staff recommends that the Board of County Commissioners: 1.

A p p r o v e

t h e

proposed resolution authorizing the referendum and take any other necessary actions

to have the matter placed on the November 8, 2022 ballot, 2. Direct staff to update

the Environmental Lands Program Guide prior to the referendum, and 3. Provide

direction to staff on the process to prioritize properties for purchase.

Attachments: Staff Report Land Bond

Resolution Authorizing Referendum

Environmental Land Bond Program Guide

County Administrator Jason Brown referred to his memorandum dated February 28,

2022, and gave a brief history of the process leading up to the Environmental Land

Bond Referendum.

Commissioner Flescher made comments as to real estate prices being at their highest

point in the history of the United States and doubted this was the time to be

purchasing conservation land. He did not believe it was appropriate or fair to commit

taxpayers for the next twenty years; he thought it would be more prudent to put tax

dollars into services for the health, safety, and welfare of citizens of Indian River

County and not for conservation land.

Vice Chairman Earman stated he did not want to miss the opportunity to purchase

conservation land. He suggested the County would not have to spend the money right

away, and the County would have twenty years to do so. He put forth some ideas on

who would make up the working group.

Chairman O’Bryan sought and received confirmation from County Administrator

Brown, the County would need to certify a plan to spend the tax-exempt municipal

bond proceeds within three (3) years. The Board could potentially split the fifty

million dollars ($50,000,000) into two (2) issues. He offered an example of how that

could be done. County Administrator Brown explained the projected millage for the

entire fifty million dollars ($50,000,000) was .175 mills. On a home with a $250,000

taxable value, the annual tax impact would be forty-three dollars ($43). Therefore, on

a twenty-five million dollar ($25,000,000) issue, it would be half that amount.

Commissioner Adams was of the opinion the focus should be on the goal of the bond,

and what properties were going to help the County achieve that goal. She was

supportive of a collaborative process between the stakeholders and the County, and

felt the working group should not be comprised of official Commissioner appointees.

She added, the County should not compete against other government or non-profits

to preserve the same lands.

Commissioner Moss stated the referendum came not a moment too soon and

referenced the Land Use Vision Study, which ranked preserving environmentally

sensitive land as the highest priority. Commissioner Moss referred to an email from

the current working group of Ken Grudens, David Cox, Dan Lamson, and George

Glenn, dated March 5, 2022, of proposed changes to Section 13 of the Resolution,

noting the language in the resolution did not match the referendum. Commissioner

Moss put forth her ideas on who would make up the working group.

Commissioner Adams expanded on the downfalls of Commissioner appointed

members for the working group. She added, the working group should have the

knowledge and background to evaluate the property and would serve better when

vetting and assessing properties.

Chairman O'Bryan recalled his meeting with Mr. Glenn on the proposed language

change in Section 13 of the resolution. In the language, staff supported

improvements, preservation, and restoration of the land. The word "Initial" was

inserted to make clear there would not be ongoing maintenance, and he requested to

strike out the following: "remediation and reclamation"; "or enhance"; and "restore

such property to its natural state".

Chairman O'Bryan opened the discussion to the public.

Mr. Glenn spoke in support of the proposed language change to Section 13. He did

state however, the working group did take issue with the language "Restoration of

Natural Water Flows" as it was unknown what land might be purchased. He

proposed adding the language "Removal of invasive exotic vegetation". He agreed

with Chairman O’Bryan that the lands purchased would need improvements for the

public to be able to access them, which could include boardwalks, trails, parking

spaces, and restrooms.

Chairman O’Bryan received information from Assistant Director of Parks and

Conservation Resources Beth Powell on what the County could do differently in

future land purchases. Assistant Director Powell described in detail the fire

maintenance required in pyrogenic communities, the current budget for mechanical

work, and the cost of preserving large tracts of land. She added when looking at

pristine lands or water quality sites, the County might be better served to consider the

cost of restoration in the purchase price.

Additional comments were exchanged among the Board regarding the County's goal

to conserve property, initial improvements, as well as maintenance of said property.

A motion was made by Commissioner Adams, seconded by Commissioner Moss,

to approve Staff's recommendation as modified: 1) Approve Resolution 2022-016,

calling a Bond Referendum Election for the issuance of general obligation bonds;

providing the form of the ballot title and the Bond Referendum question;

providing for places of voting, printing of ballots and Bond Referendum Election

procedure; providing for effect of referendum results; providing for a general

description of the projects to be funded by the bonds issued pursuant to the Bond

Referendum; providing authorization for necessary action; providing for

severability; and providing for an effective date; 2) the Chairman's proposed

language changes to Section 13; 3) direct staff to update the Environmental

Lands Program Guide; 4) direct staff to return with a proposal for a working

group. The motion carried by the following vote:

4 -

Aye:

Nay:

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

Commissioner Moss

1 - Commissioner Flescher

The Chairman called a recess at 10:40 a.m., and reconvened the meeting at 10:47

a.m., with all members present.

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

22-0184

12.G.1.

Sector 7 Beach and Dune Restoration Project Easement Status and Project

Recommended Action:

Staff recommends Option 3 to the Board. The easement issue is at an impasse

and while staff continues to reach out to property owners to obtain easements,

there is very little chance that the County will obtain enough easements to make

the project viable. Additionally, staff has been unable to locate property that could

be used for construction access to the Sector 7 beach, thereby substantially

increasing the cost for the project even if easements are obtained.

Attachments: Staff Report

Letter from BPSAC in support of Option 2

Director of Public Works Richard Szpyrka, in a PowerPoint presentation,

provided background on the Sector 7 Beach and Dune Restoration Project. He

pointed out the project area contained 82 properties and indicated there was no

public beach access within the Sector 7 project area. He provided the current

status of easement agreements, noting since April 2021, the County had only

gained three additional signed easements. Director Szpyrka provided the Board

with three (3) options for the Board to consider moving forward. He added,

County staff had presented the Sector 7 options to the Beach and Shore

Preservation Advisory Committee (BSPAC) on February 28, 2022. The BSPAC

submitted a letter to the Board with a recommendation to pursue option two (2)

of staff’s recommendations.

Commissioner Flescher received clarification from County Attorney Dylan

Reingold that beach accessibility in Sector 7 was for improvements only and that

it did not provide provisions for any public access to the beach. Attorney

Reingold pointed out that the public easements the County sought from the

property owners had three (3) main components: 1) allow for the construction of

the project; 2) allow for the survey of sea turtles within the project; 3) allow for

the customary use of the beach by the public. Attorney Reingold reiterated the

third component was an acknowledgment that the public could continue to use the

beach as it had traditionally.

A discussion followed noting the BSPAC and staff’s frustration with the process.

Commissioner Susan Adams asked for information from Director Szpyrka on

whether funding would be available if the County sought another extension in

order to obtain additional easements. Director Szpyrka explained the funding had

been allocated for the project, but he could not guarantee the funding would still

be there as Federal Emergency Management Agency (FEMA) may not approve

a third extension.

Commissioner Laura Moss thanked Director Szpyrka for the huge effort made

towards the project and was hopeful the project would be completed.

Commissioner Moss was supportive of option 2.

Chairman Peter O'Bryan referred to staff’s report in regard to the estimated cost

of the project, and the cost the County would have to generate after the grant to

put sand on a beach that has zero public access. Chairman O'Bryan found it

incomprehensible the property owners could not see the benefit in protecting their

homes and refused to sign the easement. Chairman O'Bryan was supportive of

option 3.

Chairman O'Bryan asked if there was anyone from the public that wished to

comment.

The following people appeared before the board to voice their concerns on the

Sector 7 Project options, and urged the Board to continue to move forward with

the Sector 7 Project.

Jim Field

Laurie Barkhorn

Doug DeMuth

Following public input, Commissioner Flescher inquired about the impact of

renegotiating the easements in Sector 7. Attorney Reingold stated it could be

done, although it could create issues with those who have already signed the

perpetual easements from other County beach projects.

A motion was made by Commissioner Flescher, seconded by Commissioner

Moss, to approve Option 2: 1) Determine the project not be constructible this

year; 2) Do not pursue pre-construction monitoring; 3) Potentially pursue

construction in the 2023/2024 construction window; 4) Seek extensions on

funding. The motion carried by the following vote:

4 -

Aye:

Nay:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

H. Utilities Services

13. COUNTY ATTORNEY MATTERS

22-0189

13.A.

Sale of 0.07 Acre Parcel of land on Old Dixie Highway to MJMC-2 LLC

Recommended Action:

Staff recommends the Board approve the Agreement to Purchase and Sell Real

Estate to MJMC-2 LLC for the price of $1,500.00 and authorize the Chairman to

execute the Agreement and Addendum with MJMC-2.

Attachments: Staff Report

Aerial Photo

Agreement to Purchase and Sell Real Estate

Addendum to Agreement

Deputy County Attorney Bill DeBraal displayed an aerial photo to describe the

County's 0.07 acre parcel of unimproved land located on the east side of Old Dixie

Highway between 39th and 41st Street, which the County had acquired by tax deed.

Attorney DeBraal informed the Board the County was approached by WHPG, Inc.

and MJMC-2, LLC seeking to purchase the parcel for development with a nearby

parcel for auto storage. MJMC-2, LLC also petitioned for abandonment of an

adjacent right-of-way, so it may be combined with the other parcels. He noted a

purchase price was negotiated with the contingency the Board would approve the

right-of-way abandonment. Attorney DeBraal added that the abandonment petition

would be brought back before the Board after the required public notice was given.

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

22-0192

13.B.

Authorization to Proceed with Foreclosures on Code Enforcement Case Numbers:

2018020108 (Yates); 2017080035 (Palmer, 14th Avenue); and 2017040072

(Family Dollar)

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 Imposing Fine - Case No. 2018020108

Palmer - Order Imposing Fine - Case No. 2017080035

Family Dollar - Order Imposing Fine - Case No. 2017040072

Assistant County Attorney Susan Prado asked the Board for their consideration to

move forward with the foreclosure proceedings on the following Code Enforcement

case number, 2018020108 (Yates). Assistant County Attorney Prado presented

evidence on non-homestead properties of which there was a Code Enforcement lien

recorded longer than three (3) months, and the required corrective action had not

been taken as ordered. Assistant County Attorney Prado gave a brief history and

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

2018, including liens from a 2018 Environmental Control Hearing Board (ECHB)

order.

Ms. Dallasteen Yates, the representative for the Estate of Dallas and Jane Yates,

stated she had retained new probate counsel, Attorney Fran Ross, who was unable to

attend. Ms. Yates told the Board that as of last week she had been able to bring the

properties into compliance. All of the buildings were boarded up, and the grounds had

been cleaned. She indicated she had sent pictures to the County showing the

condition of the properties. Ms. Yates stated the structure on the property that

burned in November 2021 was in the permitting process to be demolished. She also

informed the board she was in a position to pay the liens and negotiate the fines on the

Wabasso property. Ms. Yates mentioned the County had been approached by the

Title Company in February 2022, to request a partial release of the lien in order to sell

a separate piece of property in the estate. She stated the request was denied by

Staff.

Chairman O’Bryan sought confirmation from Assistant County Attorney Prado that

the property had come into compliance. Assistant County Attorney Prado responded

she could not confirm the property was in compliance, stating that neither the

Attorney’s Office nor Code Enforcement had received any documentation from Ms.

Yates. In response to a question by Chairman O’Bryan, Ms. Yates stated she was in

the process of obtaining a permit to demolish the burned building.

County Attorney Dylan Reingold disclosed to Ms. Yates that Attorney Fran Ross had

reached out to Assistant County Attorney Prado and asked to speak to the County

Attorney; he confirmed he had left her a message on Tuesday, March 5th.

A discussion ensued between Commissioner Joe Earman and Assistant County

Attorney Prado in regard to the three (3) properties in violation, including the septic

tanks which had to be abandoned and the tenants who had to leave due to unsanitary

conditions. Commissioner Earman commented he appreciated Ms. Yates’ efforts to

clean up the property and was willing to give Ms. Yates a 30-day extension if it would

help get the property in compliance.

Assistant County Attorney Prado spoke to clarify procedural items with regard to

Ms. Yates' statement of staff denying the lien release, giving emphasis this was not a

staff decision. Assistant County Attorney Prado confirmed the title company had

requested a partial lien release on one of the estate properties. She informed the Title

Agent the matter would have to be heard by the Code Enforcement Board (CEB).

She indicated the partial lien release request was presented at the Code Enforcement

Board (CEB) hearing on February 28, 2022, resulting in the request being denied.

Commissioner Susan Adams stated she would be willing to allow for a seven (7) day

extension for the permit application process, to bring the property into compliance,

and for staff to verify the property compliance status.

Building Official Scott McAdam advised the Board a permit application had not been

submitted to his department for the address in question. Ms. Yates responded the

person who was hired to do the clean-up, had told her he was going to pull the permit

last week. Chairman O’Bryan informed Ms. Yates she had seven (7) days to bring

the property into compliance, and to have the permit application in process.

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, to approve a seven (7) day extension on the foreclosure on the estate of

Dallas & Jane Yates C/O Dallasteen Yates and direct staff to verify the compliance

status and confirm a permit had been submitted and processed. The motion

carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

Assistant County Attorney Susan Prado provided background information on the

following Code Enforcement case number, 2017080035 (Palmer, 14th Ave).

There were no speakers on behalf of case number: 2017080035 (Palmer, 14th Ave).

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, to approve moving forward with foreclosure on Michael S. Palmer and

Kelly Palmer (Palmer 14th Ave). The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

Assistant County Attorney Susan Prado brought forward the foreclosure proceedings

on the Code Enforcement case number, 2017040072 (Family Dollar).

Attorney Kate Cooper, representing Family Dollar, stated she had first received

notice from the property owner three (3) weeks ago. She reached out to the County

and attended the Code Enforcement hearing to request a sixty (60) day extension to

address the issues of trash and debris accumulating in the parking lot as well as

landscaping that did not adhere to the site plan. Attorney Cooper summarized what

had been done to the property to bring it into compliance and had pictures available

on her phone. She stated the property owner was awaiting bids from contractors to

get the landscaping in compliance with the site plan.

Chairman O’Bryan offered a period of thirty (30) days to come back before the

Board to show the progress, and the Board would revisit the issue at that time.

Commissioner Susan Adams stated nothing been done with the property for the last

five (5) years and only since the foreclosure was filed was anything done to bring the

property into compliance. She was disinclined to grant an extension.

Attorney Cooper asked the Board for an additional sixty (60) days to bring the

property in compliance. Chairman O'Bryan responded staff could "slow walk" the

process of filing the foreclosure to allow thirty (30) days for her to return to the Board

with solid documentation on the progress.

Commissioner Moss sought and received clarification on the processing time to file

the foreclosure paperwork and that it would not happen within the thirty-day window.

Mr. Terry Valek, District Manager for Family Dollar, informed the Board he started

to correct the issues as soon as he received the letter three (3) weeks ago. Chairman

O'Bryan rebuked the notion that Mr. Valek had only become aware of the property

being non-compliant three (3) weeks ago when he received the foreclosure notice.

County Administrator Jason Brown urged the Board to move ahead with the

foreclosure, and authorize staff to slow-walk it through the process. He agreed with

Commissioner Adams that the only reason this was before the Board was due to the

threat of foreclosure.

Chairman O’Bryan opened the item to public discussion

Linda Morgan spoke about how important this Family Dollar location was to the

Gifford community. She urged the Board to work with Family Dollar to keep this

store open.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve directing staff to move forward with the foreclosure, but to

“slow-walk” the process to allow time for Family Dollar to come into compliance.

He also requested that this item return before the Board with an update at their

April 12, 2022 meeting. The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0193

13.C.

Chapter 164 Mediation Update

Attachments: Staff Report

[Clerks Note: This Item was heard following Item 12.G.1.]

County Attorney Dylan Reingold briefed the Board on the status of the Chapter 164

mediation with the City of Vero Beach (City). County Attorney Reingold made it

clear that after the release of the feasibility study, the Town of Indian River Shores

(Town) was still interested in exploring all options, including being served by the

County after its franchise agreement with the City expired.

The City of Vero Beach Mayor, Robbie Brackett, stated the City had been waiting

for the release of the feasibility study before moving forward with putting together the

conditions for the Town to be served by the County. Mayor Brackett confirmed what

Attorney Reingold had stated to be correct.

No Action Taken or Required

14. COMMISSIONERS MATTERS

A. Commissioner Peter D. O'Bryan, Chairman

B. Commissioner Joseph H. Earman, Vice Chairman

22-0175

14.B.1.

Request the Board consider directing the County Attorney to start the process of

establishing an MSBU for the Pine Tree Park Subdivision

Recommended Action:

Discuss

Attachments: Commissioner's Memo

Vice Chairman Joe Earman brought forth discussion to request the Board, along

with assistance from the County Attorney and the Public Works Department, to

consider a Municipal Services Benefit Unit (MSBU) be established for Pine Tree

Park subdivision primarily to improve drainage. He stated there were issues with

elevation drainage that could not be cured due to the new building codes and

requirements from the Health Department. Vice Chairman Earman applauded

Aaron Sunderlin and the Pine Tree Park community for their efforts. He

commented the majority of the residents would like to move ahead with

establishing the MSBU, and asked the Commission to direct staff to explore this

area.

Commissioner Susan Adams solicited information on the proposal from Vice

Chairman Earman as to the process for establishing an MSBU for drainage. Vice

Chairman Earman commented he would refer this question to the professionals

and had a brief discussion as to the drainage issues.

Public Works Director Richard Szpyrka stated the drainage issues were related

to rear yard drainage, which was never constructed. He stated the Public Works

Department was going ahead with an analysis, and voiced his concerns over the

utilities, power poles, and trees located in the rear yards of the properties.

Commissioner Adams stated she would be happy to support Vice Chairman

Earman's request. She also asked that at the community meetings for Pine Tree

Park, for staff to make certain the residents clearly understood the possible

impact on their property.

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

Flescher, to approve directing staff to explore establishing a MSBU for the

Pine Tree Park Subdivision. The motion carried by the following vote:

5 -

Aye:

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

Commissioner Flescher, and Commissioner Moss

C. Commissioner Susan Adams

D. Commissioner Joseph E. Flescher

E. Commissioner Laura Moss

15. SPECIAL DISTRICTS AND BOARDS