Indian River County Florida  
Indian River County Administration Complex  
1801 27th Street, Building A  
Vero Beach, Florida, 32960-3388  
www.ircgov.com  
Meeting Minutes - Final  
Tuesday, December 7, 2021  
9:00 AM  
Commission Chambers  
Board of County Commissioners  
Peter O'Bryan, Chairman, District 4  
Joseph Earman, Vice Chairman, District 3  
Susan Adams, District 1  
Joseph Flescher, District 2  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
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  
Stan Boling, Gracespring Covenant Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Peter D. O'Bryan, Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 7.C. MPO Meeting  
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  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Regular Meeting Minutes of September 14, 2021 and  
September 21, 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  
21-1102  
6.A.  
Regular Meeting of September 14, 2021  
Approve  
Recommended Action:  
Attachments: 09142021BCC_Draft  
Approved  
21-1105  
6.B.  
Regular Meeting of September 21, 2021  
Approve  
Recommended Action:  
Attachments: 09212021BCC_Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
21-1115  
7.A.  
Florida Public Service Commission Final Order PSC-2021-0442-FOF-EI approving  
expenditures and true-up amounts for fuel adjustment factors; GPIF targets, ranges,  
and rewards; and projected expenditures and true-up amounts for capacity cost  
recovery factors; docket to remain open, a copy is on file in the Clerk to the Board  
Office.  
Recommended Action:  
Information Only  
No Action Taken or Required  
21-1098  
7.B.  
Municipalities Committee Assignments for 2022  
Attachments: Staff Report  
COVB Committee Appointments 2021-2022  
Town of Orchid Committee Appointments 2022  
Sebastian Council Organization - Committee Appointments  
City of Fellsmere Committee Appointments 2021-2022  
No Action Taken or Required  
7.C.  
21-1142  
MPO Meeting  
Commissioner Moss informed that the County's Visioning Plan would be discussed at  
the Metropolitan Planning Organization (MPO) meeting on Wednesday, December 8,  
2021, at 10 am in Building B.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, 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  
21-1030  
8.A.  
Checks and Electronic Payments October 22, 2021 to October 28, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of October 22, 2021 to October 28, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-1056  
8.B.  
Checks and Electronic Payments October 29, 2021 to November 4, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of October 29, 2021 to November 4, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-1072  
8.C.  
8.D.  
8.E.  
8.F.  
Checks and Electronic Payments November 5, 2021 to November 11, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 5, 2021 to November 11, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-1089  
Checks and Electronic Payments November 12, 2021 to November 18, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 12, 2021 to November 18, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-1113  
Checks and Electronic Payments November 19, 2021 to November 25, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of November 19, 2021 to November 25, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-1111  
FY 2020-2021 Records Management Compliance Statements  
Recommended Action:  
It is recommended that the Chairman be authorized to sign the Records Management  
Compliance Statements for Fiscal Year 2020-2021  
Attachments: Memo  
BOCC Compliance Statement  
SWDD Compliance Statement  
EMS Compliance Statement  
Approved staff's recommendation  
21-0988  
8.G.  
Oyster Bar Marsh Conservation Area Public Use Improvements - Amendment  
Number 1 to Work Order Number 5 Continued Construction Administration  
Services - Coastal Waterways Design & Engineering, LLC  
Recommended Action:  
Staff recommends the Board accepts Amendment 1 to Work Order Number 5 with  
Coastal Waterways authorizing the professional services as outlined in the Scope of  
Services and requests the Board to authorize the Chairman to execute the Work  
Order on their behalf for a lump sum amount of $13,018.50 upon approval by the  
County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Amendment 1 to Work Order No 5  
Scope of Work - Exh A  
Rate Schedule - Exh B  
Approved staff's recommendation  
21-1112  
8.H.  
Final Pay to Summerlin’s Marine Construction, Inc. for Oslo Riverfront Conservation  
Area  
Recommended Action:  
Staff recommends the Board approve Change Order No. 1 and payment of the  
Contractor's Application for final payment in the amount of $21,970.20 for final  
payment and release of retainage.  
Attachments: Staff Report  
Invoice  
Change Order ORCA Overlook 11-23-21  
Approved staff's recommendation  
21-1119  
8.I.  
2021/22 FIND Waterways Assistance Program Grant Award for the Environmental  
Learning Center Main Dock  
Recommended Action:  
Staff respectfully recommends that the Board accept the Florida Inland Navigation  
District Grant (IR-21-71) and authorize the Chairman to execute the Agreement with  
the Florida Inland Navigation District Project Agreement  
IR-21-71.  
Attachments: Staff Report  
FIND Project Agreement  
Approved staff's recommendation  
21-1075  
8.J.  
Annual Resolution re Delegation of Authority Concerning Declarations of State of  
Local Emergencies and to Act in a State Declared Emergency Affecting Indian River  
County  
Recommended Action:  
Adopt the resolution delegating authority to the County Administrator, or his designee,  
to declare states of local emergencies and to act in a state declared emergency  
affecting Indian River County effective from December 7, 2021 through December  
31, 2022.  
Attachments: Staff Report  
Resolution - Delegation of Authority  
Approved Resolution 2021-079, delegating authority to the County Administrator  
to declare states of local emergencies and to act in a State of Florida declared  
emergency affecting Indian River County; rescinding Resolution No. 2020-104  
effective December 7, 2021; and providing an effective date.  
21-1076  
8.K.  
Annual Resolution Delegating the Authority to the County Administrator or his  
designee, to execute Resolutions Calling Letters of Credit as Necessary during a  
Declared State of Local Emergency or Declared State of Florida Emergency  
Affecting Indian River County  
Recommended Action:  
Adopt the resolution delegating authority to the County Administrator, or his designee,  
to execute resolutions calling letters of credit as necessary during a declared state of  
local emergency or declared State of Florida emergency affecting Indian River County  
from December 7, 2021 through December 31, 2022.  
Attachments: Staff Report  
RESO delegating authority  
Approved Resolution 2021-080, delegating the authority to the County  
Administrator or his designee, to execute Resolutions calling letters of credit as  
necessary during a declared state of local emergency or declared State of  
Florida emergency affecting Indian River County; rescinding Resolution No.  
2020-105; and providing an effective date.  
21-1078  
8.L.  
Annual Resolution re Signatories  
Recommended Action:  
Adopt the resolution and authorize the newly selected Chairman as well as the Clerk  
to sign the resolution and the respective Certificate of Facsimile Signature; and to  
instruct the Clerk to the Board of County Commissioners to transmit to the  
Department of State each original Certificate of Facsimile Signature which bears the  
original manual signatures of those Indian River County officers authorized to use  
facsimile signatures in lieu of manual signatures.  
Attachments: Staff Report  
2021 RESO annual signatories  
Certificate For Facsimile Signature - Chairman O'Bryan  
Certificate For Facsimile Signature - Clerk JSmith  
Approved Resolution 2021-081, directing depositories of County funds to honor  
certain authorized signatures on County checks, warrants, and other orders for  
payment; providing for Board of County Commissioners and Clerk of the Circuit  
Court signatories; rescinding Resolution No. 2020-103 which speaks to authorized  
signatures on County checks, warrants, and other orders for payment; and  
providing an effective date.  
21-1091  
8.M.  
Indian River County - St. Lucie County Interlocal Agreement for Pre-Trial Services  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the proposed interlocal agreement and authorize the  
chair to sign any documents necessary to effectuate the interlocal agreement, after  
review and approval by the County Attorney.  
Attachments: Staff Report  
Pretrial Services with Indian River County 2021  
Pretrial Proposal June 2021 corrected  
Approved staff's recommendation  
21-1077  
8.N.  
Approval of Renewal of a Class "B" Certificate of Public Convenience and Necessity  
from MCT Express, Inc. DBA United Medical Transportation  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve the  
renewal of the Class "B" Certificate of Public Convenience and Necessity for MCT  
Express, Inc. DBA United Medical Transportation, to be effective for a period of two  
(2) years commencing October 1, 2021 and expiring October 1, 2023.  
Attachments: Staff Report  
Approved staff's recommendation  
21-1079  
8.O.  
Consideration of the Affordable Housing Advisory Committee (AHAC) 2021  
Incentives Review and Recommendation Report  
Attachments: Staff Report  
2021 AHAC Report  
Resolution Approving the 2021 AHAC Report  
Approved Resolution 2021-082, approving the Indian River County Affordable  
Housing Advisory Committee (AHAC) 2021 report and directing staff to submit the  
County’s Local Housing Assistance Plan to Florida Housing Finance Corporation  
(FHFC).  
21-1080  
8.P.  
Approval of a Public Transportation Grant Agreement (PTGA) with the Florida  
Department of Transportation (FDOT) for a Public Transportation Block Grant  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Public  
Transportation Grant Agreement and adopt the resolution authorizing the Chairman to  
sign the agreement.  
Attachments: Staff Report  
Resolution  
Grant Agreement  
Budget Form  
Approved Resolution 2021-083, authorizing the execution of a Public  
Transportation Grant agreement with the Florida Department of Transportation.  
21-1071  
8.Q.  
Donation of Excess Lawn Equipment to the Gulf Stream Council of the Boy Scouts of  
America  
Recommended Action:  
Staff recommends the Board designate the listed equipment as surplus and authorize  
their donation to the Gulf Stream Council of the Boy Scouts of America.  
Attachments: Staff Report  
Gulf Stream Council of Boy Scouts of America Request Memo  
Approved staff's recommendation  
21-1083  
8.R.  
Authorization to Provide 60-day Notice of Intent to Terminate Agreement for  
Custodial Services for County Buildings with High Sources, Inc.  
Recommended Action:  
Staff recommends the Board authorize staff to provide 60-day notice of intent to  
terminate the agreement to High Sources, Inc., and rebid the services for the  
Administration Complex.  
Attachments: Staff Report  
Approved staff's recommendation  
21-1085  
8.S.  
First Amendment to Agreement with Florida Armature Works, Inc. for As Needed  
Motor and Pump Repair  
Recommended Action:  
Staff recommends the Board approve the First Amendment to the Agreement and  
authorize the Chairman to sign it after the County Attorney has approved it as to form  
and legal sufficiency.  
Attachments: Staff Report  
First Amendment to Agreement  
Approved staff's recommendation  
21-1086  
8.T.  
Sole Source Designations  
Recommended Action:  
Staff recommends the Board of County Commissioners declare the vendors and  
products listed above as sole source for a three-year period, and authorize the  
Purchasing Division to issue purchase orders in lieu of formal bids or quotes, and as  
funding is approved by the Budget Department.  
Attachments: Staff Report  
Approved staff's recommendation  
21-1108  
8.U.  
North County Reverse Osmosis Water Treatment Plant Supervisory Control and  
Data Acquisition System Upgrades, Kimley-Horn Work Order No. 7  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order  
No. 7 with Kimley-Horn and Associates, Inc., in the amount of $255,219.00, for  
professional services to include construction phase service for the proposed  
Supervisory Control and Data Acquisition (SCADA) improvements, and the  
integration labor required to program each of the respective upgrades to  
programmable logic controllers, remote input/output panels, and various other  
components of the SCADA system, and authorize the Chairman to execute said work  
order on their behalf  
Attachments: Staff Report  
Work Order No 7 with KHA  
Approved staff's recommendation  
21-1110  
8.V.  
Work Order No. 48 for Kimley-Horn and Associates, Inc., 43rd Avenue & South  
Relief Canal - 18” Water Main Relocation  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Kimley-Horn and  
Associates, Inc. Work Order No. 48, and authorize the Chairman to execute said  
work order on their behalf  
Attachments: Staff Report  
Work Order No 48 Kimley-Horn and Associates  
Approved staff's recommendation  
21-1087  
8.W.  
Work Order No. 17 - Morgan & Eklund, Inc. 2022 Beach Profile Monitoring  
Surveys (WINTER)  
Recommended Action:  
The recommendation of staff is for the BCC to approve Work Order No. 17 to the  
Professional Land Surveying and Mapping Services contract with Morgan and  
Eklund, Inc., in the amount of $52,680.00 and authorize the Chairman to sign two (2)  
copies of the Work Order on behalf of the County  
Attachments: Staff Report  
Morgan and Eklund IRC Winter 2022 WO No. 17  
Work Order No. 17 Agreement Execution  
Approved staff's recommendation  
21-1088  
8.X.  
Work Order No. 18 - Morgan & Eklund, Inc. 2022 Beach Profile Monitoring  
Surveys (SUMMER)  
Recommended Action:  
The recommendation of staff is for the BCC to approve Work Order No. 18 to the  
Professional Land Surveying and Mapping Services contract with Morgan and  
Eklund, Inc., in the amount of $72,975.00 and authorize the Chairman to sign two (2)  
copies of the Work Order on behalf of the County  
Attachments: Staff Report  
Morgan and Eklund IRC Summer 2022 WO No. 18  
Work Order No. 18 Agreement Execution  
Approved staff's recommendation  
21-1092  
8.Y.  
Award of Bid No. 2022001 Sector 5 (IRC-2112) Additional Dune Planting Project  
Recommended Action:  
Staff recommends that the Sector 5 Additional Dune Planting Project (Bid 2022001)  
be awarded to Cardno Inc. in the amount of $148,250.00 and requests that the  
Board of County Commissioners approve the sample agreement and authorize the  
Chairman to execute said agreement after review and approval of the agreement and  
public construction bond by the County Attorney, and after receipt and approval of  
the required insurance by the Risk Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
21-1096  
8.Z.  
Renewal and Amendment No. 1 to Agreement for Continuing Geotechnical  
Engineering Services RFQ# 2018042, IRC-1812  
Recommended Action:  
Staff recommends approval of the Renewal and Amendment 1 agreements and rate  
schedules between the County and the five (5) firms and further requests the Board to  
authorize the Chairman to execute the Renewal and Amendment 1 agreements.  
Attachments: Staff Report  
Andersen Andre Consulting Engineers, Inc.  
Ardaman & Associates, Inc.  
GFA International, Inc.  
Nutting Engineers of Florida, Inc.  
Tierra South Florida, Inc.  
Approved staff's recommendation  
21-1097  
8.AA.  
Approval of the First Amendment to the Developers Agreement Between Indian  
River County and Florida Power & Light  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
approve the First Amendment to the Developer’s Agreement with FPL, approve  
additional funding in the amount of $54,501.10 for additional improvements, and  
authorize the Chairman to execute the Agreement  
Attachments: Staff Report  
First Amendment to Developer's Agreement  
Approved staff's recommendation  
21-1101  
8.AB.  
Administrative Complex Native Plant Garden Agreement  
Recommended Action:  
Staff recommends that the Indian River County Board of County Commissioners  
approve the Native Plant Garden Agreement with the Pelican Audubon Society, and  
authorize the Chairman to execute the Agreement.  
Attachments: Staff Report  
IRC Admin Complex Native Plant Garden Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
21-1081  
10.A.1.  
Gaddis Properties, LLC’s Request for Conceptual Planned Development (PD)  
Plan and Special Exception Approval for Sebastian Landing [PD-20-11-05 /  
2004120183 -87715] - Quasi-Judicial  
Recommended Action:  
Staff recommends that the BCC grant conceptual PD plan and special exception  
approval, with conditions as stated on the Staff Report  
Attachments: Staff Report  
Excerpt from Draft Oct. 28, 2021 PZC Minutes  
Location Map  
Aerial  
Conceptual PD Plan  
Conceptual Landscape Plan  
Chairman O'Bryan introduced the parties for the proceeding as being Indian River  
County and Gaddis Properties, LLC (Applicant). Each Commissioner, as  
requested by the Chairman, disclosed ex parte communications, site visits, or  
independent investigations. The Commissioners also affirmed that they have an  
open mind and can base their decisions on the evidence presented and the  
applicable law.  
The Chairman opened the public hearing. The Deputy Clerk administered the  
Oath to all persons who wished to speak at the hearing.  
Ryan Sweeney, Chief of Current Development, utilized a PowerPoint presentation  
to detail the Planned Development (PD) process, as well as the requirements  
needed to receive special exception approval for the Sebastian Landing PD.  
Chairman O'Bryan received information from staff regarding past wetland  
mitigation efforts.  
Joseph Paladin, Black Swan Consulting, addressed the Board as the Applicant's  
representative. Mr. Paladin called upon the following associates to provide  
information to the Board regarding wetland mitigation banks, amenities  
development, and green spaces:  
Craig Chown, Principal, CGW Mitigation Bank  
David Ofstein, Consultant, Gaddis Properties LLC  
Matthew Barns, Senior Project Manager, WGI Properties  
The Chairman opened the hearing to public comments.  
Joseph Braun, Sebastian, received information regarding residential development  
density  
There being no further comments, the Chairman closed the Public Hearing.  
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  
21-1116  
10.A.2.  
Public Hearing Re: Petition to Establish Lakeside at Indian River Community  
Development District - Legislative  
Recommended Action:  
Staff recommends that the Board of County Commissioners open the public  
hearing and receive input from the petitioner and any interested members of the  
public and consider the proposed ordinance to establish the Lakeside at Indian  
River Community Development District. Staff also recommends that the Board  
make a determination that the proposed Community Development District is not  
the best alternative for delivering community development services and facilities to  
the area that would be served by the district and deny the petition to establish the  
Lakeside at Indian River Community Development District.  
Attachments: Staff Report Community Development District  
Petition to Establish - Lakeside at Indian River  
DRAFT Ordinance Establishing District  
County Administrator Jason Brown introduced the item which addressed a  
petition to establish a Lakeside at Indian River (Lakeside) Community  
Development District (CDD). Administrator Brown provided information on  
CDDs, and restated staff's recommendation that it was a vehicle more  
appropriate for larger projects with bigger infrastructure needs and public  
benefits. The Board discussed the history of CDDs, which have never before  
been used in the County.  
The Chairman opened the public hearing.  
The Petitioner's representatives, Joseph Paladin, for Meritage Homes of Florida,  
Inc., and Jere Earlywine, KE Law Group, presented information in favor of the  
establishment of a CDD. Lengthy discussion ensued throughout the speakers'  
comments as the Commissioners and staff posed questions and expressed  
opinions regarding the financial and legal ramifications of CDDs.  
The Chairman called for a recess at 10:30 a.m., and reconvened the meeting at  
10:43 a.m. with all members present.  
The public hearing continued with input and comments from the following:  
Andrew Kennedy, Representative for Liberty Park  
Chuck Mechling, Developer  
Karen Osborne  
Tom Lowther  
Discussion returned to the Petitioner's representatives for closing remarks.  
Wesley Mills, Mills, Short and Associates, discussed the density of the planned  
development. Mr. Earlywine returned to address legal concerns raised during  
discussion. Mr. Paladin closed the Petitioner's comments with a plea for the  
Board's approval of the petition.  
Mr. Mechling accepted the Chairman's offer to rebut the speakers' comments.  
There being no further speakers, the Chairman closed the public hearing.  
Board discussion ensued with concern expressed for the use of CDDs as a  
financing tool. Commissioner Adams requested further discussion to establish an  
official policy regarding CDDs rather deciding on a case-by-case basis.  
Mr. Earlywine then requested to withdraw the petition on his client's behalf.  
Chairman O'Bryan noted that the public hearing had been closed, and he opted to  
continue the Board's discussion.  
Board discussion resumed with Commissioners' concerns regarding adherence to  
the County's principle to have development pay for itself, approaches to managing  
growth, and concern for the ramifications of CDDs to home buyers. There was  
agreement among the Board that further discussion was needed to establish a  
broad policy regarding use of CDDs. Chairman O'Bryan received confirmation  
from Attorney Reingold that a withdrawal of this petition would not preclude the  
developers from filing again in the future.  
Mr. Earlywine stated he would like to participate in the shaping of the County's  
CDD policy.  
Chairman O'Bryan received consensus from the Board to allow the Petitioner to  
withdraw their petition and return with the item at a later date.  
Board consensus was reached to allow the Petitioner to withdraw the  
petition, and re-start the process to bring the item back before the Board at a  
later date.  
Discussion on this item continued among the Commissioners as they brainstormed  
the best way to move forward with establishing a CDD policy. Agreement was  
reached to create an ad-hoc committee of interested developers and community  
groups to establish parameters for a CDD element to be added to the County's  
code. Staff would then work with the committee's recommendation to create a  
policy that was in-line with the County's Code, and then return before the Board  
with a presentation in March of 2022.  
A motion was made by Commissioner Adams, seconded by Chairman  
O'Bryan, to direct staff to work with interested community partners to create  
parameters for a future Community Development District element in the  
County's code. Staff was further instructed to return before the Board with a  
presentation in March of 2022. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
21-1118  
10.A.3.  
Public Hearing and Discussion of 2021 Redistricting of County Commissioner  
Districts  
Recommended Action:  
County staff recommends that the Chairman open the public hearing, take public  
input, and close the public hearing, and that the Board vote to approve the  
redistricting resolution.  
Attachments: Staff Report  
Redistricting Resolution 2021  
IRC Redistricting Proposed Plan1b  
Commission District No 1-Proposal 1B  
Commission District No 2-Proposal 1B  
Commission District No 3-Proposal 1B  
Commission District No 4-Proposal 1B  
Commission District No 5-Proposal 1B  
Affidavit of Publication - Redistricting  
County Attorney Dylan Reingold referred to the Commission meeting of  
November 9, 2021, at which the Board voted to move forward with Proposal 1B  
for the 2021 Redistricting of County Commissioner Districts.  
Chairman O'Bryan displayed an overhead image of the Proposal 1B map as he  
opening the public hearing.  
Paul Carlisle, City Manager, Sebastian, spoke in support of Proposal 1B  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to approve Resolution 2021-084, establishing boundaries of County  
Commissioner Districts following the 2020 Decennial Census. 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  
21-1074  
10.C.1.  
Public Notice of Public Hearing for December 14, 2021, to Consider an  
Ordinance Authorizing an Extension of the Temporary Moratorium for an  
Additional 1 Year with regard to Class B Biosolids  
Attachments: Staff Report  
Affidavit of Publication - Biosolids  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
21-1107  
12.F.1.  
CARES Act - Spending Plan Revisions  
Recommended Action:  
Staff recommends that the Board consider the proposed CARES Act  
reallocations, make any changes to the plan and adopt the proposed plan with any  
applicable changes.  
Staff recommends that the Board approve the Time  
Staff  
Extensions with the City of Fellsmere and the City of Sebastian.  
recommends that the Board approve the decreases in allocations for the Health  
Department ($148,454), Cleveland Clinic ($100,000), and Indian River State  
College ($19,989).  
Attachments: Staff Report  
CARES Act Spending Plan  
City of Fellsmere CARES Act Third Time Extension  
City of Sebastian CARES Act Second Time Extension  
County Administrator Jason Brown referred to staff's memo dated November 19,  
2021, as he reviewed changes to the CARES Act Spending Plan. Administrator  
Brown discussed extensions for the cities of Sebastian and Fellsmere until  
December 31st, decreased allocations, and funding for County employees'  
Covid-related health care costs.  
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  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
21-1061  
13.A.  
Agriculture Advisory Committee Appointment  
Recommended Action:  
The County Attorney recommends that the Board review the applicant’s application  
and determine whether to appoint him to fill the unexpired term for the “Farm Bureau  
Representative” to the Agriculture Advisory Committee.  
Attachments: Staff Report  
Application - Michael Sexton  
County Attorney Dylan Reingold presented Michael E. Sexton's application for the  
open position of "Farm Bureau Representative" on the Agriculture Advisory  
Committee (AAC).  
Vice Chairman Earman received confirmation from Attorney Reingold that Mr.  
Sexton was aware of Florida's Government in the Sunshine Laws in light of the fact  
that his father, Sean Sexton, was also a voting member of the AAC.  
Commissioner Adams suggested having Attorney Reingold review the Sunshine Laws  
at the next AAC meeting.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Moss, to approve the appointment of Michael E. Sexton to fill the unexpired term  
for the "Farm Bureau Representative" to the Agriculture Advisory Committee.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1099  
13.B.  
Planning and Zoning Commission Appointment  
Recommended Action:  
The County Attorney recommends that the Board review the applicants’ applications,  
and determine whether to appoint one of the applicants to fill the unexpired term for  
the “Alternate Member” representative to the Planning and Zoning Commission.  
Attachments: Staff Report  
Application (P-Z) - Shuna Carpenter  
Application (P-Z) - Kenneth Chip Landers  
Application (P-Z) - Jordan LuLich  
Application - Robert S. MacCallum  
Application (P-Z) - Karen Osborne  
County Attorney Dylan Reingold presented applicants for the open position of  
"Alternate Member" on the Planning and Zoning Commission.  
Commissioners Adams and Moss nominated Kenneth A. "Chip" Landers for the  
position.  
Commissioner Flesher and Vice Chairman Earman supported Jordan J. Lulich for the  
vacancy.  
The following candidates addressed the Board to advocate for their nomination:  
Kenneth A. "Chip" Landers  
Karen Osborne  
County Attorney Dylan Reingold confirmed for Chairman O'Bryan that the alternate  
could fill-in for any member's absence, not just when a quorum was needed.  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to approve the appointment of Kenneth A. "Chip" Landers to fill the unexpired  
term for the "Alternate Member" representative to the Planning and Zoning  
Commission. The motion carried by the following vote:  
3 - Chairman O'Bryan, Commissioner Adams, and Commissioner Moss  
2 - Vice Chairman Earman, and Commissioner Flescher  
Aye:  
Nay:  
21-1090  
13.C.  
Sebastian River Improvement District 82nd Avenue Interlocal Agreement  
Recommended Action:  
The County Attorney recommends that the Board approve the revised interlocal  
agreement and authorize the chair to execute the interlocal agreement and all other  
documents necessary to effectuate the agreement.  
Attachments: Staff Report  
SRID 3834001 82nd Avenue BOCC Interlocal AGT (SRID V7)  
County Attorney Dylan Reingold referred to staff's memorandum, dated December 1,  
2021, which laid out the history of discussions leading to the proposed Interlocal  
Agreement (ILA) with the Sebastian River Improvement District (SRID) for the  
maintenance of 82nd Avenue from 26th Street to 69th Street.  
Attorney Reingold highlighted important portions of the ILA, which included  
permitting for the application of County-provided asphalt millings, and the County's  
right (but not responsibility) to maintain the roadway's shoulders and signage.  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
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  
21-1094  
13.D.  
Environmental Control Hearing Board Committee Appointment  
Recommended Action:  
The County Attorney recommends that the Board accept the recommendation of the  
Indian River County Medical Society and appoint the applicant to fill the unexpired  
term ending in January 2023 for the “Medical Doctor” representative to the  
Environmental Control Hearing Board.  
Attachments: Staff Report  
Letter from Indian River County Medical Society  
County Attorney Dylan Reingold presented Dr. Norman Meyer's application for the  
vacant position of "Medical Doctor" to the Environmental Control Hearing Board.  
Commissioner Flescher spoke in favor of Dr. Meyer for the position.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the appointment of Dr. Norman Meyer to fill the unexpired term  
for "Medical Doctor" representative to the Environmental Control Hearing Board.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1095  
13.E.  
Chapter 164 Mediation Update  
Attachments: Staff Report  
County Attorney Dylan Reingold advised the Board that the City of Vero Beach  
(City) declined to meet further to discuss the water supply issue, and that the County  
should move forward to mediation which was the third stage of the conflict resolution  
process. He spoke in favor of utilizing Mediator Randy Brennan for the next stage of  
meetings.  
Attorney Reingold clarified the County's position in regard to assisting the City with  
obtaining grants for their planned utility upgrades. He also confirmed for Vice  
Chairman Earman that the mediator was not required to be from outside the County.  
Board consensus was reached to move to the Mediation phase of the Chapter 164  
Dispute Resolution Process, with Randy Brennan as Mediator.  
21-1093  
13.F.  
Right of Way Ordinance Amendment  
Recommended Action:  
The County Attorney recommends that the Indian River County Board of County  
Commissioners authorize the County Attorney’s Office to draft an ordinance that  
allows for an exception from the requirements of Chapter 312 of the Code for  
driveway construction in appropriate situations County-wide and schedule such  
ordinance for public hearing. The County Attorney’s Office also recommends that the  
Board invoke the pending ordinance doctrine.  
Attachments: Staff Report  
Letter to Jason Brown (Appeal)  
Response to Appeal Letter  
County Attorney Dylan Reingold referred to staff's memo, dated November 23,  
2021, which detailed the circumstances that led to the proposal of an Ordinance  
amendment regarding driveway construction materials. Attorney Reingold requested  
authorization to draft the Ordinance amendment and to invoke the pending ordinance  
doctrine.  
Chairman O'Bryan provided further explanation of the pending ordinance doctrine.  
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  
21-1103  
13.G.  
Unconditional Offer for a Parcel of Right-Of-Way Located at 7950 66th Avenue,  
Vero Beach, FL 32967 - Parcel 128 - Owned by Leonard Ganbin III and Kelly L.  
Jackson  
Recommended Action:  
Staff recommends the Board approve an unconditional offer to purchase the  
necessary right-of-way from Ganbin/Jackson at a price of $12,000.  
Attachments: Staff Report  
Sketch and Legal Descriptions  
Aerial  
Deputy County Attorney Bill DeBraal presented the third step in the Eminent Domain  
process, providing an unconditional offer, for a parcel of right-of-way located at 7950  
66th Avenue. Attorney DeBraal detailed the methodology used to arrive at the offer.  
Chairman O'Bryan received confirmation that the offer was more than the appraised  
amount.  
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  
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  
21-1106  
15.B.1.  
Approval of Meeting Minutes September 21, 2021  
Approve  
Recommended Action:  
Attachments: 09212021SWDD_Draft  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Solid Waste Disposal District minutes of September  
21, 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  
21-1114  
15.B.2.  
Consent to Assignment of Landfill Gas Agreement with Nopetro Eco District,  
LLC  
Recommended Action:  
Staff recommends that its Board approve the Consent to Assisgnemnt of the  
Landfill Gas Agreement from the Indian River Eco District, LLC, to Nopetro Eco  
District, LLC, and authorize the Chair to execute the same  
Attachments: Staff Report  
Consent to Assignment of the Landfill Gas Agreement  
Chairman O'Bryan received confirmation from Solid Waste Disposal District  
Managing Director Himanshu Mehta that the consent to assignment to Nopetro  
RNG, LLC regarded a previously approved agreement.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:15 p.m.