Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.ircgov.com  
Board of County Commissioners  
Peter O'Bryan, Chairman, District 4  
Joseph H. Earman, Vice Chairman, District 3  
Susan Adams, District 1  
Joseph Flescher, District 2  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, February 15, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
2. ROLL CALL  
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  
Minister Jack White, Gifford Church of Christ  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Deleted: Item 8.C. Approval of Renewal of the 800 MHz Communications System  
Infrastructure Maintenance Contract with Communications International, Inc.  
Move: Item 15.A.1. to be heard following the Consent Agenda  
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  
22-0056  
5.A.  
Presentation of Proclamation Honoring Joe Wiggins  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
The family of the late Joe Wiggins was present to accept a Proclamation honoring Mr.  
Wiggins for his service to the community and dedication to the children in the  
community.  
Read and Presented by Chairman O'Bryan  
22-0096  
5.B.  
Presentation of Proclamation Honoring the Progressive Civic League of Gifford for 60  
Years of Service  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Joe Idlette, President of the Progressive Civic League of Gifford along with Freddie  
Woolfork, Director of the Gifford Youth Achievement Center, thanked the Board for  
the recognition and for their continued partnership. They spoke on the achievements  
and the role of the volunteers in the strength and longevity of the organization.  
Read and Presented by Commissioner Flescher  
22-0138  
5.C.  
Presentation of Proclamation Designating February, 2022, as 2-1-1 Awareness  
Month  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Karen Bailey, 2-1-1 Help Me Grow Coordinator, spoke on the advocacy programs  
which were available through the helpline.  
Read and Presented by Vice Chairman Earman  
22-0124  
5.D.  
Fellsmere Community Fridge Grand Opening and Ribbon Cutting  
For informational purposes only - no action required  
Recommended Action:  
Attachments: Staff Report  
Solid Waste Disposal District Managing Director Himanshu Mehta was joined by  
Recycling Education Coordinator Sue Flak; Recycling Specialist Jill Brown; City of  
Fellsmere Chief of Police Keith Touchberry; and Linda Scalco representing the  
volunteers from the Sunrise Rotary. Managing Director Mehta spoke on the  
community fridge concept and mentioned the goal of the program was to reduce food  
insecurity and food waste.  
In a PowerPoint presentation, Recycling Education Coordinator Sue Flak detailed the  
community project called the Fellsmere Fridge and pointed out the expenses for the  
project were generously donated. She recognized the current sponsors/supporters  
and the community of volunteers for taking care of and maintaining the Fellsmere  
Fridge. She outlined the training for the volunteers and the protocols for donations.  
Chief Touchberry spoke on behalf of the City of Fellsmere on the Fellsmere Fridge  
location, hours, and security details.  
Ms. Flak, in response to questions posed by the Board, stated anyone interested in  
supporting a community fridge in their area, volunteering, or donations was to contact  
her at FellsmereFridge@gmail.com or (716) 472-0122.  
Presentation by Sue Flak, Recycling Education and Marketing Coordinator for the  
Solid Waste Disposal District  
6. APPROVAL OF MINUTES  
22-0142  
6.A.  
Regular Meeting of December 7, 2021  
Approve  
Recommended Action:  
Attachments: 12072021 BCC Draft  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Regular Meeting Minutes of December 7, 2021, as  
written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0119  
7.A.  
Notice of Regular Meetings of the Indian River County Hospital District Board of  
Trustees, for the year 2022.  
Recommended Action:  
Approve  
Attachments: IRCHD Meetings  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,  
to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0106  
8.A.  
Amendment and Extension of Cattle Lease Agreement  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
authorize the Chair to execute the Amendment and Extension of the Cattle Lease  
Agreement with Staski Enterprises, after final review and approval by the County  
Attorney’s office  
Attachments: Staff Report  
Amendment and Extension  
Approved staff's recommendation  
22-0111  
8.B.  
Fire Rescue Division Battalion Chief Posting & Vacation Compensation  
Consideration  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize dual-encumbrance  
for the Battalion Chief position not to exceed 30 days. Staff also recommends that a  
special exception be made to the Administrative Policy Manual Number AM 502.1  
and authorize payment for 240 additional hours (20 days) of accrued vacation leave,  
exceeding the maximum leave allowed to be paid.  
Attachments: Staff Report  
Vacation Leave Policy AM 502.1  
Vacation Payout Breakdown  
Approved staff's recommendation  
22-0107  
8.D.  
Award of Annual Bid 2022017 for Temporary Staffing Services  
Recommended Action:  
Staff recommends the Board award Bid 2022017 to Blue Arbor, Inc., AUE Staffing,  
Inc., LFI Fort Pierce, Inc., Altrian, Inc., Spherion Staffing & Recruiting, and Secure  
Technologies, LLC, approve the sample agreement, and authorize the Chairman to  
execute the agreement after approval by the County Attorney as to form and legal  
sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
22-0115  
8.E.  
Children's Services Funding Allocation for Fiscal Year 2022/23  
Recommended Action:  
Staff Recommends that the Board of County Commissioners approve FY 2022/23  
funding for Children's Services at the full 0.1250 millage cap of $2,443,606.  
Attachments: Staff Report  
Children's Services Funding History  
Approved staff's recommendation  
22-0120  
8.F.  
Award of Annual Bid 2022030 for Back Lot Ditch Mowing  
Recommended Action:  
Staff recommends the Board award Bid 2022030 to STS Maintain Services, Inc.,  
and authorize the Purchasing Division to issue blanket purchase orders with the  
selected contractors. Staff also recommends the Board authorize the Purchasing  
Manager to renew this bid at the same rates for two (2) additional one (1) year  
periods subject to satisfactory performance, vendor acceptance, and the  
determination that renewal of this annual bid is in the best interest of Indian River  
County.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0132  
8.G.  
Florida Inland Navigation District Project Agreement Amendment for #IR-18-67  
Jones’ Pier Conservation Area Public Use Improvements  
Recommended Action:  
Staff recommends the Board accept the Project Agreement Amendment for  
#IR-18-67 Jones’ Pier Conservation Area Public Use Improvements and authorize  
the Chairman to execute the Amendment after review and approval by the County  
Attorney.  
Attachments: Staff Memo  
Agreement Amendment  
Approved staff's recommendation  
Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf  
Club  
22-0136  
8.I.  
Recommended Action:  
Staff respectfully requests that the Board approve the third renewal term under the  
existing lease and authorize the Chairman to execute the document.  
Attachments: Staff Report  
Agreement  
Assumption and Joinder  
1st Renewal  
2nd Renewal  
Proposed 3rd Renewal  
Approved staff's recommendation  
22-0125  
8.J.  
Release of Retainage and Change Order No. 1, 58th Avenue (From North of 57th  
Street to 85th Street/CR510), FM No. 436416-1-54-01, IRC-1325  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 1325-9 in the amount of $316,570.41 for release of  
retainage. Once final release of liens from all Timothy Rose Contracting, Inc. suppliers  
and subcontractors have been received, reviewed and approved, final payment will be  
processed.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
22-0116  
8.K.  
Renewal of Lease Agreement 2601 51st Avenue, Vero Beach, FL 32966 Tenant:  
Ember Pappas  
Recommended Action:  
Staff recommends the Board approve the Renewal of Lease Agreement for the  
property located at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the  
Chairman to execute the Renewal of Lease Agreement on behalf of the Board.  
Attachments: Staff Report  
Renewal of Lease Agreement  
Approved staff's recommendation  
22-0127  
8.L.  
Indian River County Stormwater Needs Analysis, Jones Edmunds & Associates, Inc.  
Work Order No. 2  
Recommended Action:  
Staff recommends the BCC approve Jones Edmunds & Associates, Inc. Work Order  
No. 2 in the amount of $35,537.00 for professional water resource engineering  
support services associated with supporting County staff in meeting the data collection  
and reporting requirements found in House Bill 53 (Stormwater Needs Analysis). In  
addition, staff recommends that the Board authorize the Chairman to execute Work  
Order No. 2.  
Attachments: Staff Report  
Work Order No. 2  
Work Order #2 execution form  
Approved staff's recommendation  
22-0129  
8.M.  
Future Paving of 81st Street from 66th Avenue East Property Address: 6300 81st  
Street, Vero Beach, FL 32967 Owner: CGV Investments, LLC  
Recommended Action:  
Staff recommends the Board approve the Purchase Agreement in the amount of  
$40,000.00, with an estimated $700.00 in closing costs to be paid by the County for  
purchase of the 0.77 acres of the property located at 6300 81st Street, Vero Beach,  
FL 32967, and authorize the Chairman to execute the purchase agreement on behalf  
of the Board.  
Attachments: Staff Report  
Purchase Agreement  
Approved staff's recommendation  
22-0131  
8.N.  
Work Order No. 7 Ecological Associates, Inc. HCP Sea Turtle Monitoring North  
and South County.  
Recommended Action:  
The recommendation of staff is for the Board to approve Work Order No. 7 to the  
contract with Ecological Associates, Inc. in the amount of $93,830.35, and authorize  
the Chairman to sign on behalf of the County  
Attachments: Staff Report  
Proposal (revised)  
Agreement Execution  
Approved staff's recommendation  
22-0134  
8.O.  
Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No.  
2018029-10, Year 2 Post-Construction Environmental Monitoring  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018029-10 in the total lump  
sum amount of $99,010.41. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018029-10  
Attachments: Staff Report  
APTIM WO# 2018029-10  
Agreement Execution  
Approved staff's recommendation  
22-0146  
8.P.  
Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No.  
2018006-13, Post-Construction Environmental Monitoring (Phase 1, Year 1  
Monitoring and Phase 2 Immediate Post-construction Monitoring)  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018006-13 in the total lump  
sum amount of $416,681.67. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018006-13.  
Attachments: Staff Report  
APTIM WO #2018006-13  
Agreement Execution  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
22-0108  
10.A.1.  
Public Hearing to Consider a Resolution Electing to Use the Uniform Method for  
the Levy, Collection and Enforcement of Non-Ad Valorem Assessments for  
Street Paving in the Oslo Park Area - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the draft resolution and the draft agreement with the Tax  
Collector and Property Appraiser.  
Attachments: Staff Report - Public Hearing  
Draft Resolution  
Draft Agreement  
NOTICE OF PUBLIC HEARING IS ON FILE IN THE OFFICE OF THE  
CLERK TO THE BOARD  
County Attorney Dylan Reingold explained the process to establish a Municipal  
Service Benefit Unit (MSBU) for the Oslo Park area under section 197.3632,  
Florida Statutes.  
Public Works Director Richard Szpyrka using a PowerPoint presentation,  
displayed the MSBU district in the area of Oslo Park electing to fund the  
construction of paved roadways and associated drainage improvement. He  
indicated there were 500 lots included in the area equating to 4.47 miles of road  
within the designated Oslo Park District for a cost of approximately $5.5 million  
dollars. He broke down the costs per parcel by the number of years to fund the  
project, and revised costs if the County constructed one-mile or a half-mile of  
roadway. He also mentioned the petition paving process whereby the County  
would fund the project and the landowners would reimburse the County over a  
10-year period.  
Chairman O'Bryan outlined the two-step process to establish a MSBU, and he  
received clarification from Attorney Reingold in order to move forward. County  
Attorney Reingold stated the Board would need to decide whether to issue its  
intent to utilize the uniform method under Florida Statutes, and then the County  
would notify the Property Appraiser and Tax Collector of its intent. County  
Administrator Jason Brown further detailed the process going forward.  
Commissioner Flescher discussed the street paving at Vero Lake Estates and  
inquired whether there would be a mailer sent out with the notice of the MSBU  
including the assessment rate options and an opportunity for the community to  
provide feedback. County Administrator Brown responded that the County  
could certainly provide a way for the public to provide feedback other than  
attending a public hearing.  
The Chairman opened the Public Hearing.  
Lonnie Ingram, a representative for the road paving at Oslo Park, came forward  
and indicated the street paving at Oslo Park area was much needed and spoke on  
how much safer the community was since the MSBU for the Oslo Park street  
lighting.  
There were no additional speakers; the Chairman closed the Public Hearing.  
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,  
to approve: 1) the draft Resolution electing to use the uniform method for the levy,  
collection, and enforcement of non-ad valorem assessments pursuant to Florida  
Statute 197.3632 to recover the costs of street paving in the Oslo Park area; and  
2) the draft agreement with the Tax Collector and the Property Appraiser.  
Under discussion, County Attorney Reingold, in response to a question posed by  
Commissioner Moss, stated that the County was required to send a certified letter  
to the homeowners with the purpose of the assessment, total amount of the levy  
for each assessment, and how the County would apply the assessment. He also  
mentioned the motion included the execution of the agreement with the Tax  
Collector and the Property Appraiser.  
Commissioner Adams felt there needed to be specifics communicated to the  
residents in the Oslo Park area, such as how much was being assessed. County  
Administrator Brown suggested bringing back more defined options at the next  
hearing. Commissioner Adams wanted to make sure the lower income  
households were part of the conversations when the Board made a decision on  
the assessments. She also asked that the assessment options were communicated  
to the public in a clear and concise manner to avoid any misunderstanding, and  
agreed that there should be an outreach to the community beyond sending a  
certified letter.  
Chairman O'Bryan stated that he planned to schedule an evening meeting at the  
Intergenerational Recreation Center to specifically discuss the Oslo Park Paving  
after the certified letters had gone out to the residents. County Attorney Reingold  
referred to the remarks made by County Administrator Brown in terms of the  
options, and suggested including the assessment rate that would get the road  
paving done the quickest in the notice. County Administrator Brown agreed with  
starting the communication with the community before it was required in the  
process in order to receive more feedback early on in the process.  
Director Szpyrka liked the idea of a community outreach meeting before the  
formal hearings on the MSBU. Commissioner Flescher brought up the Sunshine  
Law and looked forward to hearing the results from the community meeting.  
Chairman O'Bryan sought and received clarification from County Attorney  
Reingold on what action was needed from the Board at the present meeting.  
County Attorney Reingold restated the motion to include the additional verbiage:  
to direct staff to conduct additional community outreach and supported  
conducting a neighbor meeting.  
A motion was made by Commissioner Flescher, seconded by Chairman  
O'Bryan, to approve: 1) Resolution 2022-011, electing to use the uniform  
method for the levy, collection, and enforcement of non-ad valorem  
assessments pursuant to Florida Statute 197.3632 to recover the costs of street  
paving in the Oslo Park area; 2) agreement with the Tax Collector and the  
Property Appraiser; and 3) direct staff to conduct additional community  
outreach and supported conducting a neighbor meeting. 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  
C. PUBLIC NOTICE ITEMS  
22-0135  
10.C.1.  
Public Notice of Public Hearing for March 1, 2022, for Ordinance Amending  
Section 100.03 “Amendment or Repeal of Ordinances” of Chapter 100 “General  
Provisions” of the Code of Indian River County, Codifying and Publishing the  
Ordinances to Readopt the Code up to and Including Supplement 141  
Attachments: Staff Report  
County Attorney Dylan Reingold read the notice into the record.  
11. COUNTY ADMINISTRATOR MATTERS  
22-0137  
11.A.  
Resolution in Support of the Adoption of House Bill 631 and Senate Bill 780 as Filed  
in the 2022 Florida Legislative Session  
Recommended Action:  
County staff recommends the Board of County Commissioners of Indian River County,  
Florida pass a Resolution in support of the adoption and passage of House Bill 631 (by  
Representative Grall) and Senate Bill 780 (by Senator Hutson) as filed in the 2022  
Florida Legislative Session and extends its appreciation to the local legislative delegation  
for its support and assistance.  
Attachments: Staff Memo  
Proposed Resolution  
Letter from City of Vero Beach  
Kathleen Forst, Legislative Affairs and Communications Manager, presented a joint  
resolution in support of the adoption of House Bill (HB) 631 and Senate Bill (SB)  
780 proposed legislation amending section 332.007, Florida Statutes to allow  
commercial service or general aviation airports with fewer than 100,000 passenger  
boardings per year not to be subject to reduced grant contributions. Chairman  
O'Bryan received confirmation the resolution would be sent to the local legislative  
delegation and added to the list of priorities.  
Commissioner Moss was in full support of the resolution, pointing out the airport was  
essential to the local economy and benefits the entire County.  
A motion was made by Commissioner Moss, seconded by Chairman O'Bryan, to  
approve Resolution 2022-012, in support of the adoption of House Bill 631 and  
Senate Bill 780 as filed in the 2022 session of the Florida State legislature  
amending section 332.007, Fla. Stat. revising the types of airports to which funds  
are available for eligible aviation development projects; and providing for an  
effective date. 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  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
22-0123  
12.H.1.  
Replacement of Well S-1 at the South County Water Treatment Plant  
Recommended Action:  
Staff recommends that the Board of County Commissioners (BCC) approve the  
use of cash balance in the amount of $1,822,511 to cover the total affiliated costs  
of the replacement of the South County Water Treatment Plant well S-1; and,  
Staff also recommends that the BCC approve Work Order No. 8 with  
Kimley-Horn and Associates, Inc., in the amount of $222,511 for engineering  
services for the surveying, permitting, bidding, and construction services for the  
replacement of well S-1, and authorize the Chairman to execute said work order  
on their behalf  
Attachments: Staff Report  
Work Order No 8 with KHA  
Interim Utility Director Cindy Corrente sought approval to utilize the operating  
cash balance to fund the replacement of the Well S-1 at the South County Water  
Treatment Plant, noting the total project expenses were approximately just over  
$1.8 million. She indicated as a requirement of the St. Johns River Water  
Management District, the County was tasked to explore other water sources to  
provide potable water to the community without impacting existing legal users.  
She added the intention was to drill the existing well deeper to provide the  
additional water source without having to find another area to drill a well;  
however, she indicated Well S-1 was over 40 years old and had collapsed while  
drilling.  
Commissioner Moss sought and received information from Interim Utility Director  
Corrente regarding the maintenance of the wells.  
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  
The Chairman called a recess at 10:27 a.m., and reconvened the meeting at 10:37  
a.m., with all members present.  
13. COUNTY ATTORNEY MATTERS  
22-0145  
13.A.  
Unconditional Offer for a Parcel of Right-Of-Way Located at 8055 66th Avenue,  
Vero Beach, FL 32967 Parcel 130 Owned by Robert and Marygrace Sexton  
Recommended Action:  
Staff recommends the Board approve an unconditional offer to purchase the  
necessary right-of-way from the Sextons at a price of $25,000.  
Attachments: Staff Report  
Aerial Photo - Sexton - Parcel 130  
Sketch and Legal Description - Sexton Parcel 130  
Deputy County Attorney William K. DeBraal presented the unconditional offer for a  
0.40-acre parcel of right-of-way for the 66th Avenue project located at 8055 66th  
Avenue owned by Robert and Marygrace Sexton. Deputy County Attorney Debraal  
stated the unconditional offer was the last step in the eminent domain process before  
filing suit, and confirmed the 0.40-acre parcel was recently appraised at $20,500. He  
indicated it was common to add an incentive of 15% on top of the appraised value to  
encourage a quicker settlement; however, after discussing the matter with staff, the  
unconditional offer amount was rounded up for a total amount of $25,000.  
Chairman O'Bryan referred to two recent acquisitions of right-of-way with similar  
acreage, and stated he wanted to see more of the money go to the Sextons, rather  
than to outside consultants or attorneys. He proposed an unconditional offer of  
$45,000. County Administrator Jason Brown recalled a recent acquisition, which  
involved a driveway as the reason for the higher unconditional offer; although he  
agreed removing citrus and irrigation from the Sexton property could drive up the  
price. Chairman O'Bryan dropped his offer from $45,000 to $40,000, with County  
Administrator Brown in agreement.  
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,  
to approve an unconditional offer to purchase the necessary right-of-way from  
the Sextons at $40,000. 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  
Discussion to Consider Local Water Irrigation Ordinance  
Discussion  
22-0118  
14.A.1.  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Martin County Water Irrigation Ordinance No. 1173  
SJRWMD - Model Water Conservation Ordinance  
Chairman O'Bryan recalled St. Johns River Water Management District's  
(SJRWMD) guidelines for irrigation for both residential and commercial  
properties, noting that SJRWMD does not have enforcement capabilities; they  
instead turned to the local governments to adopt enforcement ordinances. He  
added the Board at the time voted not to enforce the SJRWMD guidelines.  
Chairman O'Bryan stated SJRWMD recently issued guidance stating local  
governments who wanted to participate in their cost-share program must adopt a  
local irrigation ordinance. He mentioned the County had benefited significantly  
from their cost-share program in the past and spoke of a water irrigation  
ordinance recently adopted by the Martin County Board of County  
Commissioners. He stated he had forwarded the Martin County ordinance to  
SJRWMD for their input and their legal department reached out to the County  
Attorney's Office to relay their concerns with the ordinance.  
Chairman O'Bryan asked for the Board's consideration to move forward with a  
SJRWMD local irrigation model ordinance in order to continue receiving  
cost-share dollars, and for the Board to decide whether to include the mandatory  
or voluntary enforcement aspect in the ordinance. He noted the County would  
still be able to apply for cost-share dollars for the current year as long as the  
County was making progress toward adopting a local water irrigation ordinance.  
Commissioner Flescher supported the conservation of water for future  
generations, but he felt the enforceability aspect of the ordinance would be  
difficult.  
Vice Chairman Earman discussed the importance of receiving cost-share dollars  
and inquired whether the SJRWMD model ordinance could be tweaked to be  
tailored for Indian River County. James Cannon, Intergovernmental Coordinator,  
SJRWMD, replied in the affirmative as long as the County's ordinance contained  
the specific language included in the model ordinance. He pointed out the  
language contained in Martin County's ordinance conflicted with the requirements  
set by the SJRWMD.  
Commissioner Adams was in support of a local water irrigation ordinance and felt  
it was a good educational tool just like the County's Fertilizer Ordinance.  
Commissioner Moss supported a local water irrigation ordinance and felt the  
SJRWMD model ordinance was straightforward. The only problem she could  
foresee with the SJRWMD model ordinance was the penalties for the violations  
were so minimal.  
County Attorney Dylan Reingold sought and received clarification from Chairman  
O'Bryan that the ordinance should only apply to the unincorporated area of the  
County.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve moving forward with a local water irrigation ordinance in  
the unincorporated area of the County based upon the St. Johns River Water  
Management District's model . The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
A discussion ensued among the Board in regard to the penalties for violation of the  
local irrigation ordinance.  
The majority of the Commissioners spoke in support of some enforcement aspect of  
the local irrigation ordinance, with Commissioner Flescher expressing his concern and  
opposition to the $500 fine. A discussion followed on the penalty amounts for each  
of the violations. Commissioner Adams sought and received confirmation of the  
penalties for violation of the ordinance: First violation would be a written warning;  
second violation, $50.00; and the third and subsequent violations, $100 for each  
violation.  
Community Development Director Phil Matson and Code Enforcement Director  
Andy Sobczak both spoke on the difficulties with the enforcement aspect of the  
proposed local irrigation ordinance.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the enforcement aspect of the local water irrigation  
ordinance, providing for penalties for violations of the ordinance: First Violation,  
Written Warning; Second Violation, $50.00; and Third and subsequent violations,  
$100 for each violation. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
B. Commissioner Joseph H. Earman, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Emergency Services District. The minutes will be approved at an upcoming  
Emergency Services District meeting.  
22-0128  
15.A.1.  
Approval of Affiliation Agreements with Certified EMT/Paramedic Training  
Programs  
Recommended Action:  
The County Attorney’s Office recommends the Board, in its capacity as the  
Indian River County Emergency Services District, approve the Affiliation  
Agreement template and authorize the Chairman to execute the individual  
Agreements with the above listed training programs on behalf of the District.  
Attachments: Staff Report  
Ride along EMT Template  
There was no discussion regarding this item.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation as presented. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
The Board of Commissioners adjourned the Emergency Services District meeting and  
reconvened as the Board of County Commissioners of the regular meeting continuing  
with Item 10.A.1. Public Hearings.  
B. Solid Waste Disposal District  
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.  
22-0113  
15.B.1.  
Approval of Minutes Meeting of November 16, 2021  
Approve  
Recommended Action:  
Attachments: 11162021 SWDD Draft  
Approved  
22-0144  
15.B.2.  
Approval of Minutes Meeting December 7, 2021  
Approve  
Recommended Action:  
Attachments: 12072021 SWDD Draft  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of  
November 16, 2021 and December 7, 2021, as written. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0130  
15.B.3.  
Work Order No. 15 to Geosyntec for C&D Landfill Permit Renewal  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
the following: a) Approve Work Order No. 15 with Geosyntec Consultants for  
$38,993 to provide engineering services related to the SWDD construction and  
demolition landfill permit renewal; and, b) Authorize the Chairman to execute the  
same, as presented  
Attachments: Staff Report  
Work Order No 15 - Geosyntec  
There was no discussion regarding this item.  
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  
22-0140  
15.B.4.  
Mixer Installation for the Above Ground Storage Tank at the IRC Landfill  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
following: a) Waive the requirement for bids for the purchase and installation of a  
mixer for the existing above ground storage tank at the Indian River County  
Landfill in a not-to-exceed amount of $210,966 to FJ Nugent; and, b) Authorize  
the Purchasing Manager to issue a purchase order to FJ Nugent for this project,  
after receipt and approval of the required vendor insurance, and after final terms  
and conditions have been approved by the County Attorney.  
Attachments: Staff Report  
Memorandum from Kimley-Horn  
Proposal from FJ Nugent  
Chairman O'Bryan sought and received confirmation from Himanshu Mehta,  
Managing Director of the Solid Waste Disposal District, that the mixer installation  
at the IRC Landfill was part of the leachate treatment project.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:15 a.m.