Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
Board of County Commissioners  
Joseph E. Flescher, Chairman, District 2  
Peter D. O'Bryan, Vice Chairman, District 4  
Susan Adams, District 1  
Joseph H. Earman, District 3  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, October 12, 2021  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Joseph Flescher  
Vice Chairman Peter O'Bryan  
Commissioner Susan Adams  
Commissioner Joe Earman  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Jeffrey R. Smith, Clerk of Circuit Court and Comptroller, Genesis Church  
3. PLEDGE OF ALLEGIANCE  
Jason Brown, County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Deleted prior to the meeting: Item 8.F.  
Moved: Item 14.A.1. to follow the Consent Agenda  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Moss, to approve the Agenda as amended. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to approve the Regular Meeting Minutes of July 13, 2021, and August 17, 2021.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
6.A.  
Regular Meeting of July 13, 2021  
Approve  
Recommended Action:  
Approved  
6.B.  
Regular Meeting of August 17, 2021  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Notice of Public Meeting for the Lost Tree Islands Conservation Area  
Restoration/Enhancement Plan  
Recommended Action:  
This is an informational item only; no board action is required  
Attachments: Staff Report  
Assistant Director of Parks & Conservation Resources Beth Powell announced a  
public meeting to be held on October 27, 2021 at the Intergenerational Recreation  
Center, for the purpose of education, discussion, and public input on the Lost Tree  
Islands Conservation Area (LTICA) habitat restoration and enhancement project (the  
Project). She thanked the Indian River Lagoon Council for the grant funding that  
would be used for the project design.  
Members of the Board expressed their gratitude that the Project was moving forward.  
Commissioner Earman added that the boat park named after his grandfather would be  
included in the improvements to the area islands, and he received an update from Ms.  
Powell on the Jones' Pier Conservation Area Public Use Improvements Project.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Consent Agenda as amended, pulling Item 8.G. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
8.A.  
Agreement for RFP 2021001 - Wabasso Scrub Conservation Area Overlook  
Recommended Action:  
Staff recommends the Board approve the sample agreement and authorize the  
Chairman to sign it after approval by the County attorney as to form and legal  
sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
8.B.  
Request for Authorization to Submit an Application for Section 5311 Grant for Rural  
Transit Operating Assistance Funds from the Coronavirus Response & Relief  
Supplemental Appropriations Act (CRRSAA) and the American Rescue Plan (ARP)  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the resolution  
authorizing the filing of the Section 5311 grant application for CRRSAA and ARP  
funds.  
Attachments: Staff Report  
Approved Resolution 2021-068, authorizing the submission of a grant application  
for 49 USC Ch. 53, Section 5311 public transit operating assistance.  
8.C.  
Harmony Reserve, LLC's Request for Final Plat Approval for Harmony Reserve PD  
Phase 4 [PD-14-10-12 / 97080101-89711]  
Recommended Action:  
Based on the analysis, staff recommends that the Board of County Commissioners  
grant final plat approval for Harmony Reserve PD Phase 4.  
Attachments: Staff Report  
Approved staff's recommendation  
8.D.  
Request for Approval to Enter into a Bus Shelter License Agreement with West Vero  
Crossings, LLC for Construction of a Bus Shelter  
Recommended Action:  
Staff recommends that the Board of County Commissioners review the Bus Shelter  
License Agreement and authorize the Chairman to execute the agreement.  
Attachments: Staff Report  
Approved staff's recommendation  
8.E.  
Approval of a State Submerged Lands Lease Renewal on Boat Club Island (aka  
Spoil Island IR25) - BOT File No. 310345813  
Recommended Action:  
Staff recommends that the Board of County Comissioners approve the attached  
sovereignty submerged lands fee waived lease renewal for Boat Club Island (Spoil  
Island IR-25), and authorize the Board Chairman to sign the lease on behalf of the  
County.  
Attachments: Staff Report  
Approved staff's recommendation  
8.F.  
Approval of a License Agreement with Indian River Sports Complex, Inc. (a Not for  
Profit Florida Corporation) to provide Youth Baseball Programming and Enrichment  
Programs at the Helen Hanson Park located at 8020 129th Court, Sebastian Fl.  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners accept the license agreement with Indian River Sports Complex, Inc  
and Indian River County and execute the same.  
Attachments: Staff Report  
(Clerk's Note: This item was deleted from the Agenda prior to the start of the  
meeting.)  
Deleted  
8.G.  
TIGR Acquisitions II, LLC Letter of Intent to purchase 1340 Old Dixie Highway  
Tower  
Recommended Action:  
Staff recommends that the Board of County Commissioners enter into Letter of Intent  
(LOI) agreement with TIGR Acquisitions II, LLC and proceed with due diligence.  
Staff further recommends that the Board authorize the County Administrator to  
execute the purchase and sale agreement, the site license and the easement agreement  
following the completion of the due diligence period and after the County Attorney  
has approved them as to form and legal sufficiency.  
Vice Chairman O'Bryan requested and received a recap from County Administrator  
Jason Brown about TIGR Acquisitions III, LLC's (TIGR Acquisitions) intent to  
purchase a County-owned communications tower at 1340 Old Dixie Highway,  
located within the City of Vero Beach (the City). He explained that the County was  
in negotiations with the City about the terms of a new 99-year ground lease and  
details regarding South Beach and Charles Park. Administrator Brown told of staff's  
intent to present the lease agreement to the City in time for their October 19, 2021  
City Council meeting, and that he would return to the Board with the agreement. He  
added that the item would be placed on the November 2, 2021 election ballot as a  
referendum for approval by voters who reside in the City.  
County Attorney Dylan Reingold confirmed that there was one point in the site license  
agreement with regard to the license and sublicense agreement that was still being  
negotiated by TIGR Acquisitions, the City, and the County. He added that the  
updated staff memorandum, which had been presented to the Board prior to the start  
of the meeting, included changes that had been requested by the City and agreed  
upon by TIGR Acquisitions.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
Proposed Schedule Board of County Commission 2022 Meeting Dates  
Consider proposed schedule and provide direction  
Recommended Action:  
Attachments: Staff Report  
County Administrator Jason Brown presented the proposed 2022 schedule of  
meeting dates for the Board of County Commissioners.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
11.B.  
Collective Bargaining Agreement between Indian River County and International  
Association of Firefighter's, Local 2201 FY21/22 General Wage Increase  
Recommended Action:  
Staff respectfully recommends approval of a 4% general wage increase for employees  
represented by the International Association of Firefighter’s, Local 2201 effective the  
first full pay period in October 2021 and requests the Board authorize its Chairman to  
sign the First Amendment to October 1, 2019 Collective Bargaining Agreement,  
Article 34 - Salaries providing for the general wage increase.  
Attachments: Staff Report  
County Administrator Jason Brown stated that an agreement had been reached  
between the County and the International Association of Firefighter's, Local 2201  
(IAFF, Local 2201), which included a 4% wage increase with an effective date of  
October 1, 2021.  
Mr. John O'Connor, Union President of the IAFF, Local 2201, addressed the Board  
with appreciation for the investment in the community.  
A motion was made by Commissioner Earman, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
11.C.  
2022 Legislative Priorities  
Presentation and Discussion  
Recommended Action:  
Kathleen Keenan, Legislative Affairs and Communications Manager, referred to  
staff's memorandum dated June 9, 2021, to update the Board on the County's  
legislative priorities for the 2022 Florida Legislative Session, which was scheduled to  
take place in Tallahassee from January 11, 2022, through March 11, 2022.  
The Commissioners were pleased with the package presentation. Commissioner  
Moss inquired about the concern titled Housing Assistance listed under the Health,  
Human Services and Public Safety Policies concerns. Ms. Keenan stated that it had  
been carried over from a previous session and could be removed if it was the  
direction of the Board.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the 2022 Legislative Priorities as presented. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, 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  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Amendments to Chapter 304 (Life Support and Wheelchair Services) of the Indian  
River Code of Ordinances  
Recommended Action:  
County staff recommends that the Board authorize staff to set a public hearing to  
consider an ordinance making technical changes to Part I (Life Support Services) and  
eliminating Part II (Wheelchair Vehicle Services) of Chapter 304 (Life Support and  
Wheelchair Services) of the Indian River County Code of Ordinances and amend  
Part I (Life Support Services).  
Attachments: Staff Memo  
County Attorney Dylan Reingold referred to staff's memorandum dated September  
27, 2021, while explaining that County staff felt it was no longer necessary to be  
involved in regulating the number of businesses that offer wheelchair vehicle services.  
He informed the Board of his desire to schedule a public hearing for adoption of an  
ordinance to eliminate Part II of Chapter 304 from the Indian River Code of  
Ordinances, and to include technical changes to Part I of Chapter 304.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
13.B.  
Deed of Conservation Easement - First Negotiation Rights  
Recommended Action:  
The County Attorney’s Office recommends Indian River County Board of County  
Commissioners refrain from exercising its first negotiation rights and authorize staff to  
notify Mr. Garris that the County is not interested in fee simple acquisition of the  
Triple S Ranch property.  
Attachments: Staff Report  
County Attorney Dylan Reingold referred to staff's memorandum dated October 5,  
2021, to recap the topic involving the Triple S Ranch property. He stated that on  
October 5, 2021, the Board had directed him to further review the conservation  
easement restrictions, the Florida Wildlife Corridor purchases, and the estimated  
purchase price of the property if the County was interested in the acquisition. In his  
detailed presentation, Attorney Reingold advised that there were many restrictions  
and few allowable uses for the property; he recommended that the Board refrain from  
exercising its first negotiation rights to purchase.  
Commissioner Earman thanked Attorney Reingold for providing the Board with  
additional information on the matter.  
A motion was made by Commissioner Earman, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph E. Flescher, Chairman  
14.A.1.  
Discussion of Proposal for Pretrial Program Services for Indian River County  
Discuss  
Recommended Action:  
(Clerk's Note: This item was heard following the Consent Agenda, and was  
placed here for continuity.)  
Chairman Flescher referred to his inter-office memorandum dated September 24,  
2021 to provide a recap of the May 14, 2019 Board of County Commission  
meeting when the proposed Pretrial Program (the Program) had been approved.  
He stated that the Program did not move forward at that time due to a lack of  
support from prior Indian River County Sheriff Deryl Loar.  
County Attorney Dylan Reingold discussed the benefits of the Program, which  
would be provided by St. Lucie County at a cost of $250,000. He made mention  
of local judges who were in full support of the Program.  
Chairman of the Public Safety Council and City of Vero Beach Police Chief  
David Currey expressed his support for the Program.  
Indian River County Sheriff Eric Flowers was also in support of the Program, and  
he offered clarification with regard to his priority of maintaining the safety of  
residents. He discussed the savings that would be anticipated if the Program was  
implemented.  
Joseph Cowan, St. Lucie County Criminal Justice Director, provided the  
Commissioners with an overview of the Program as it had been implemented in  
the counties of St. Lucie, Martin, and Okeechobee. He responded to inquiries  
from Commissioner Moss about staffing, ankle bracelets, and the length of time  
the Program had been in existence.  
Attorney Reingold estimated that the Program could be up and running within  
three (3) to five (5) months. He added his appreciation for the friendly and helpful  
employees of St. Lucie County who had responded to numerous inquiries.  
Discussion among the Board, Sheriff Flowers, and Mr. Cowan included the cost  
savings to the County when individuals qualify for the Program, the success of  
similar programs throughout the State and the Nation, and suggestions for funding  
the Program, noting that the Sheriff agreed to cover half of the cost.  
Clerk of the Circuit Court Jeffrey R. Smith advised the Board regarding the  
options for office space in the Indian River County Courthouse if needed to run  
the Program.  
County Administrator Jason Brown remarked that there were funds available that  
could be used to cover the County's portion of the Program's funding.  
A motion was made by Commissioner Earman, seconded by Chairman  
Flescher, to approve the establishment of a Pretrial Program for Indian River  
County. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
B. Commissioner Peter D. O'Bryan, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph H. Earman  
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 Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
B. Solid Waste Disposal District  
15.B.1.  
Approval of Minutes Meeting of July 13, 2021  
Approve  
Recommended Action:  
Approved  
15.B.2.  
Approval of Minutes Meeting August 17, 2021  
Approve  
Recommended Action:  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Solid Waste Disposal District Meeting Minutes of July  
13, 2021, and August 17, 2021. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
15.B.3.  
Residential Paper Shredding Event on October 16, 2021  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the Fall  
Residential Paper Shredding Event to be held on October 16, 2021  
Attachments: Staff Report  
Managing Director Himanshu Mehta addressed the Board to introduce Ms. Jill  
Brown, the newly hired Recycling Specialist.  
Recycling Education and Marketing Coordinator Sue Flak announced the free  
Residential Paper Shredding Event, to be held at Southeast Secure Shredding on  
October 16, 2021. She noted that the cost of the event would be covered by  
Waste Management.  
No Action Taken or Required  
15.B.4.  
Work Order No. 44 to Kimley-Horn for Landfill Gas Flare Skid Improvements  
and Pipeline Extension  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
the following: a) Approve Work Order No. 44 with Kimley-Horn and  
Associates, Inc. for $226,420 to provide engineering services related to the  
Landfill Gas Pipeline Extension and Skid Improvements; and, b) Authorize the  
Chairman to execute the same, as presented.  
Attachments: Staff Report  
Managing Director Himanshu Mehta referred to staff's memorandum dated  
September 24, 2021, to detail two (2) services that would be provided by  
Kimley-Horn and Associates, Inc. with regard to the Landfill Gas Pipeline  
Extension and Skid Improvements. He made mention that several individuals  
were present to address the Board with regard to their involvement in the  
County's Renewable Natural Gas (RNG) facility project.  
Gautam Arora, CEO and President of Biogas Engineering, spoke about his  
company and its concentration on the biogas system. He noted his excitement for  
the RNG facility project, which was projected to be the first of its kind in Florida.  
Vice Chairman O'Bryan felt the RNG facility project should be added to the  
Legislative Appropriations from the State. His fellow Commissioners agreed,  
with Legislative Affairs & Communication Manager Kathleen Keenan agreeing to  
look further into it. County Attorney Dylan Reingold clarified that a portion of the  
project was private and that the County Attorney's office would assist with  
looking for funding.  
Alain Castro, Managing Partner of the Indian River Eco District, informed the  
Board that he had located the best in class within each necessary field to assist in  
moving forward with the RNG production facility. He noted that Nopetro, LLC  
(Nopetro) would co-own the RNG production facility, and introduced  
representatives Jorge Herrera, Co-Founder and CEO, and John Del Rossi,  
Director of Business Development. Mr. Herrara utilized a PowerPoint  
presentation to provide an overview of Nopetro's current operations, which  
included fueling facilities across Florida.  
Vice Chairman O'Bryan inquired and received clarification from Director Mehta  
that the County would work together with their project partners to generate  
enough RNG to be beneficial to the County and to area businesses, such as  
Waste Management. Mr. Herrera answered the Vice Chairman's questions  
regarding the placement of RNG fueling stations in the United States and  
Nopetro's fixed costs versus variable costs. Mr. Herrera informed that the main  
variable involved the amount of biogas that could be provided by the County for  
purification.  
Chairman Flescher added comments about future goals, including the ability to  
supply enough RNG to fuel the busses run by the School District of Indian River  
County.  
Commissioner Adams thanked staff and their partners for continuing to explore  
sustainable systems, which will benefit future generations.  
A motion was made by Commissioner O'Bryan, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
15.B.5.  
Florida Department of Transportation Property Acquisition  
Recommended Action:  
The County Attorney’s Office recommends that the Board accept the offer,  
approve the resolutions, and authorize the chair to execute any and all documents  
necessary to effectuate the transaction.  
Attachments: Staff Report  
There was discussion among the Board and County Attorney Dylan Reingold  
regarding moving forward with the intersection at I-95 and Oslo Road.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve staff's recommendation, including: 1) SWDD Resolution  
2021-001, with regard to Parcel No. 109.2R (09/29/2021), Item/Segment  
No.4130482, Section 88601-2500, Managing District 04, C.R. No. 606 (Oslo  
Road/9th Street SW), in Indian River County, Florida, to execute and deliver  
to the State of Florida Department of Transportation a deed, or deeds, in  
favor of the State of Florida Department of Transportation, conveying all  
rights, title and interest that the Indian River County Solid Waste Disposal  
District (IRCSWDD) has in and to said lands required for transportation  
purposes, and said request having been duly considered; 2) SWDD Resolution  
2021-002, with regard to Parcel No. 702.2R, Item/Segment No.4130482, Section  
88601-2500, Managing District 04, C.R. No. 606 (Oslo Road/9th Street SW), in  
Indian River County, Florida, to execute and deliver to the State of Florida  
Department of Transportation a temporary easement, or easements, in favor  
of the State of Florida Department of Transportation, for the purpose of  
grading, sloping, tying in, reconnecting and harmonizing existing features,  
etc., together with the right of access, ingress and egress, along with any  
other incidences necessary or convenient in connection with the construction  
to be undertaken by the Department, in County Road 606 (Oslo Road/ 9th  
Street SW), adjacent thereto, and said request having been duly considered;  
and 3) SWDD Resolution 2021-003, with regard to Parcel No. 903.2R,  
Item/Segment No.4130482, Section 88601-2500, Managing District 04, C.R. No.  
606 (Oslo Road/9th Street SW), in Indian River County, Florida, to execute  
and deliver to the State of Florida Department of Transportation a license, in  
favor of the State of Florida, for the purpose of sloping, grading, tying in,  
harmonizing and reconnecting existing features of the Licensor's property  
with the highway improvements which are to be constructed together with  
incidental purposes related thereto during the period beginning with the date  
first above written and continuing until completion of the transportation  
project, but not later than the last day of July 2029, and said request having  
been duly considered. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, Chairman Flescher adjourned the meeting at 11:03  
a.m.