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 1, 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  
Deacon David Hankle, St. Helen Catholic Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman, Vice Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Prior to the Meeting: Additional Backup was provided for Items 8.N. and 12.H.1.  
Move: Item 14.C.1. to follow Item 5.C.  
Items 15.A.1., 15.A.2., and 15.A.3. to follow Item 8  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Agenda as amended. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-0054  
5.A.  
Presentation of Proclamation Honoring Valareese Hart  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
A Proclamation was presented honoring Valareese Hart for her civic contributions to  
the County. The Hart family accepted the Proclamation in her honor.  
Read and Presented by Commissioner Flescher  
22-0088  
5.B.  
Presentation of Proclamation Honoring Kenneth J. Holmes  
Read and Present  
Recommended Action:  
Attachments: Proclamation  
A Proclamation was presented honoring Kenneth J. Holmes for his contributions to  
the community and as one of Vero's finest all-time athletes. Mr. Holmes thanked the  
Board for the recognition.  
Read and Presented by Chairman O'Bryan  
22-0043  
5.C.  
Presentation from Ken Grudens, Executive Director, Indian River Land Trust, Re:  
Proposed 2022 Environmental Land Bond Referendum  
Recommended Action:  
Attachments: Memo 2022 Bond Referendum  
Feasibility Memo Update 9-30-21  
Ken Grudens, Executive Director, Indian River Land Trust (Trust), sought the  
Board's support on behalf of the Trust and several community environmental  
organizations for a resolution referring a $50 million bond to the November 8, 2022  
ballot in order to acquire and permanently preserve environmentally significant land.  
Mr. Grudens utilized a PowerPoint presentation to inform the Board of historical  
conservation efforts, and the importance of environmentally sensitive locations in the  
County. Will Abberger, Finance Director, the Trust for Public Land (TPL), continued  
by outlining the financing details for the bond.  
Under Board discussion, Chairman O'Bryan received information from Mr. Abberger  
regarding the impact of a rise in Federal interest rates, the need for flexibility in the  
bond's millage rate, and confirmation that permanent ownership of the land included  
purchase of conservation easements.  
[Clerk's Note: Discussion continued under Item 14.C.1.]  
Presented  
22-0071  
5.D.  
Presentation by Casey Lunceford, Campus President - Mueller Campus, Indian River  
State College re: Fellsmere Inn  
Recommended Action:  
Casey Lunceford, Campus President - Mueller, Indian River State College (IRSC),  
provided an update on the Fellsmere Inn Project. He detailed the estimated cost to  
do the necessary repairs and cosmetic work to ensure that the Fellsmere Inn was in  
compliance. He spoke of the plan to utilize the Fellsmere Inn for overnight stays, but  
also as a training facility to serve the local hospitality industry. He concluded IRSC  
was moving forward with the purchase of the Fellsmere Inn and currently was in the  
negotiation stage.  
Chairman O'Bryan sought and received confirmation from County Administrator  
Jason Brown that $1.5 million had been allocated to the Fellsmere Inn. County  
Administrator Brown indicated that staff had been working with IRSC through the  
process and would be bringing back an agreement to the Board at a later date.  
Mr. Lunceford pointed out the City of Fellsmere offered to provide additional funding  
for the Fellsmere Inn and indicated IRSC was looking at other funding options  
through grants, private donors, and additional partnerships for renovation and  
operational costs. Commissioner Moss received information from Mr. Lunceford on  
the appraisal and size of the property. She opined the amount was a bit high, but was  
pleased that IRSC was seeking additional partnerships for funding. Each  
Commissioner spoke of their support for the Fellsmere Inn project and reiterated the  
training and educational aspect of the project was much needed in the community.  
Presented  
22-0089  
5.E.  
Presentation of Proposal for Satellite Site at Dasie Hope Center  
Miranda Hawker, Health Officer, Florida Department of Health in Indian River  
County (DOH-Indian River), was joined by Julianne Price, Environmental Control  
Director; Rose Parker, Nursing Director; and Mayur Rao, Business Manager. Ms.  
Hawker presented a proposal for a DOH satellite site at the Dasie Hope Center with  
the possibility for future expansion.  
Ms. Hawker utilized a PowerPoint presentation to show the history of the  
DOH-Indian River's involvement in the Wabasso Community and their partnership  
with the Dasie Hope Center. She detailed the DOH-Indian River's PACE-EH  
project and the need for public health and community services in Wabasso.  
Ms. Price reviewed the results of the survey conducted to identify the top areas of  
need or concern in the Wabasso Community. She felt the DOH-Indian River could  
make a big impact to the community by locating services to the Dasie Hope Center.  
Chairman O'Bryan sought and received information from County Administrator Jason  
Brown on the financial impact to the County if the Board approved the DOH-Indian  
River moving forward with the satellite site at the Dasie Hope Center.  
Chairman O'Bryan turned to the Board for their consensus for the DOH-Indian River  
to move forward with the proposal for a satellite site at the Dasie Hope Center.  
The Board consensus was to direct the Florida Department of Health in Indian  
River County to move forward with the proposal for a satellite site at the Dasie  
Hope Center.  
The Chairman called a recess at 10:33 a.m., and reconvened the meeting at 10:45  
a.m., with all members present.  
6. APPROVAL OF MINUTES  
22-0085  
6.A.  
Regular Meeting Minutes of November 9, 2021  
Approve  
Recommended Action:  
Attachments: 11092021 BCC Draft  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve the Regular Meeting Minutes of November 9, 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  
22-0058  
7.A.  
1st Quarter FY 2021/2022 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
1st Quarter Budget Report  
No Action Taken or Required  
22-0063  
7.B.  
Indian River County Event Calendar Review  
Informational item only; no Board action.  
Recommended Action:  
Attachments: Event Calendar  
Members of the Board highlighted the upcoming events in the County.  
No Action Taken or Required  
22-0079  
7.C.  
Appointment of Commissioner Earman to Vero Beach Community Complex  
Advisory Team  
Recommended Action:  
Inform  
Attachments: Commissioner's Memo  
Vice Chairman Earman informed the Board of his appointment to the Vero Beach  
Community Complex Advisory Team.  
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 amended, pulling Items 8.F. and 8.H.  
for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0033  
8.A.  
Checks and Electronic Payments December 31, 2021 to January 6, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of December 31, 2021 to January 6, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0060  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments January 7, 2022 to January 13, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 7, 2022 to January 13, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0077  
Checks and Electronic Payments January 14, 2022 to January 20, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 14, 2022 to January 20, 2022  
Attachments: Finance Department Staff Report  
Approved  
21-1179  
Phase II Agreement with Sun Patrick Architecture, DBA: sparcdesign for Sandridge  
Clubhouse Architectural Design (RFQ 2021020)  
Recommended Action:  
Staff recommends the Board approve the Phase II Agreement for Professional  
Services, and authorize the Chairman to sign after approval by the County attorney as  
to form and legal sufficiency.  
Attachments: Staff Report  
Master Plan Images  
Phase II Agreement for Professional Services  
Approved staff's recommendation  
22-0068  
8.E.  
Designation of Excess Equipment as Surplus  
Recommended Action:  
Staff recommends the Board approve the items on the Excess List for 020122  
Agenda as surplus, and authorize their disposal.  
Attachments: Staff Report  
Excess List for 020122  
Approved staff's recommendation  
22-0069  
8.F.  
Authorization for Increase to Blanket Purchase Orders  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize increases to the  
listed Purchase Orders as approved by the Budget Office, up to the maximum amount  
requested for the current fiscal year.  
Attachments: Staff Report  
Chairman O'Bryan came forward for full public transparency explaining that ongoing  
purchases by County Departments from time to time run above and beyond the  
allocated blanket purchase order.  
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0070  
8.G.  
Award of Bid 2022027 for Natural Areas and Exotic Vegetation  
Management/Mowing  
Recommended Action:  
Staff recommends the Board award Bid 2022027 John Brown and Sons, Inc.,  
approve the agreement, and authorize the Chairman to execute it after its review and  
approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
22-0072  
8.H.  
Award of Bid 2022025 for Duck Head Island Phase 1 Revegetation  
Recommended Action:  
Staff recommends the Board award Bid 2022025 to Sandhill Environmental Services,  
LLC, approve the agreement, and authorize the Chairman to execute it after review  
and approval of both the agreement and public construction bond by the County  
Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Agreement  
Beth Powell, Assistant Director of Parks and Conservation Resources, spoke on the  
revegetation of approximately 6.7 acres on Duck Head Island. She detailed the  
installation of native plants to restore transitional grassland/shrub and a portion of the  
coastal hammock in areas that were dominated by exotic plant species.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0076  
8.I.  
First Extension and Amendment to Agreement for Operations of the Biosolids  
Dewatering Facility, Sludge Dewatering and Hauling (Bid 2021021)  
Recommended Action:  
Staff recommends the Board approve the first extension and amendment to the  
agreement and authorize the Chairman to execute it, after review and approval by the  
County attorney as to form and legal sufficiency.  
Attachments: Staff Report - Biosolids  
First Amendment and Extension  
Approved staff's recommendation  
22-0073  
8.J.  
Indian River County FPL Service Center - Landscape Maintenance Agreement  
Recommended Action:  
Staff recommends approval of the Landscape Maintenance Agreement with Florida  
Power and Light Company and Authorize the Chairman to execute the Agreement.  
Attachments: Staff Report  
Landscape Maintenance Agreement  
Approved staff's recommendation  
22-0064  
8.K.  
Friends of St. Sebastian River License Agreement for the South Prong Preserve  
Conservation Area “Ryall House”  
Recommended Action:  
Staff respectfully recommends that the Board accept the License Agreement with the  
Friends of St. Sebastian River, LLC, for the South Prong Preserve Conservation  
Area and authorize the Chairman to execute the License Agreement.  
Attachments: Staff Report  
License Agreement  
Approved staff's recommendation  
22-0065  
8.L.  
Waiver of Bid - Authorizing the Renovation of the Myrtha Skin Liner at the North  
County Aquatic Center by A and W Flooring Inc.  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners waive the requirements for bids and authorize the Purchasing Division  
to issue a purchase order to A and W Flooring Inc. for the replacement and  
renovation of the Myrtha Skin liner at the North County Aquatics Center.  
Attachments: Staff Report  
Myrtha Pools Sole Source Letter  
Pool Repairs & Liner Quote  
Dewatering Quote  
Approved staff's recommendation  
22-0081  
8.M.  
Amendment No. 1, Work Order Number 27, - Continuing Engineering Services RFP  
2018008 - Dick Bird Park Pickleball Courts  
Recommended Action:  
Staff respectfully recommends approval of Amendment NO. 1, Work Order Number  
27, South County Dick Bird Park Pickle Ball Courts Continuing Consulting  
Engineering Services Agreements for RFQ 2018008 with Kimley-Horn and  
Associates, Inc., authorizing the professional services as outlined in Exhibit B in the  
amount of $3,800, and requests the Board authorize the Chairman to execute  
Amendment NO. 1, Work Order Number 27.  
Attachments: Staff Report  
Amendment 1 Work Order No 27  
Approved staff's recommendation  
22-0082  
8.N.  
Oslo Riverfront Conservation Area Interlocal Agreement with St. Johns River Water  
Management District  
Recommended Action:  
Staff respectfully recommends that the Board accept the Interlocal Management  
Agreement Between St. Johns River Water Management District and Florida Inland  
Navigation District and Indian River County for Oslo Riverfront Conservation Area  
and authorize the Chairman to execute the Agreement with the Florida Inland  
Navigation District and St. Johns River Water Management District which will be  
routed to both entities for their approval and execution  
Attachments: Staff Report  
Interlocal Agreement  
Approved staff's recommendation  
22-0083  
8.O.  
Modification to Subgrant Agreement Between the Division of Emergency  
Management and Indian River County; Contract Number 4283-95-R; Project  
Number H0259  
Recommended Action:  
Staff respectfully recommends that the Board accept the Modification to Subgrant  
Agreement Between the Division of Emergency Management and Indian River  
County, and authorize the Chairman to execute the Agreement.  
Attachments: Staff Report  
Modification to Agreement  
Approved staff's recommendation  
22-0093  
8.P.  
Revision to Administrative Policy AM-202.1 Hiring, AM-502.1 Vacation, and 702.3  
Short-Term Absences  
Recommended Action:  
Staff recommends the Board approve the revisions to Administrative Policy  
AM-202.1 Hiring, AM-502.1 Vacation, and AM-702.3 Short-Term Absences  
Attachments: Staff Report  
AM-202.1 Hiring Draft  
AM-502.1 Vacation Leave Draft  
AM-702.3 Short Term Absence Draft  
Approved staff's recommendation  
22-0080  
8.Q.  
Final Pay to Paragon Electric of Vero, Inc for Bid #2021023 South Oslo WTP  
Automatic Transfer Switch (ATS) Replacement  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the payment in  
the amount of $279,832.00, which represents payment in full, to Paragon Electric of  
Vero, Inc.  
Attachments: Staff Report  
Pay Application  
Approved staff's recommendation  
22-0094  
8.R.  
North Beach Water Storage Tank Repairs, Sole Source Florida Aquastore & Utility  
Construction, Inc.  
Recommended Action:  
Staff recommends that the Board of County Commissioners declare Florida  
Aquastore & Utility Construction, Inc., as the sole source for parts and service of the  
CST Storage Aquastore tank associated with the North County Reverse Osmosis  
water treatment plant, and authorize the Purchasing Division to issue a purchase order  
to Suez for the proposed maintenance in the amount of $311,125.00  
Attachments: Staff Report  
Proposal  
Sole Source Letter from CST  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
22-0078  
10.A.1.  
Consideration of Land Development Regulation (LDR) Amendments to Sections  
901.03 and 911.06 Allowing Solar Facilities as a Permitted Use in all Agricultural  
Zoning Districts [LEGISLATIVE]  
Recommended Action:  
Staff recommends that the Board of County Commissioners adopt the proposed  
solar facilities ordinance.  
Attachments: Staff Report  
Draft Ordinance  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
Ryan Sweeny, Chief of Current Development, recalled that at the January 18,  
2022 meeting, the Board considered a solar facilities ordinance with no proposed  
changes and voted to move forward with a final hearing to consider the adoption  
of the proposed land development regulation (LDR) amendment to allow solar  
facilities as a permitted use in all agricultural zoning districts within an  
unincorporated area. He added that the proposed ordinance was consistent with  
section 163.3205, Florida Statutes.  
Chairman O'Bryan opened the Public Hearing. There being no speakers, the  
Chairman closed the Hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to adopt Ordinance 2022-002, amending Section 901.03 (Definitions in  
Alphabetical Order) of Chapter 901 (Definitions) and Section 911.06  
(Agricultural and Rural Districts) of Chapter 911 (Zoning) of the Code of Indian  
River County in order to allow solar facilities as a permitted use per state  
statute; providing for conflict and severability; providing for codification; 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  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
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  
22-0075  
12.F.1.  
2022/2023 Budget Workshop/Hearing Schedule  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Budget  
Workshop dates and the date of the Budget Hearings for the 2022/2023 budgets  
Attachments: Staff Report  
Office of Management and Budget Director Kristin Daniels presented the  
proposed 2022/2023 Budget Workshop/Hearing schedule:  
Budget Packet Distribution to the Board of Commissioners Friday, July 8, 2022  
Scheduled Budget Workshop  
Wednesday, July 13, 2022 and if needed, Thursday, July 14, 2022  
Public Hearing Tentative Budget and Proposed Millage Rates  
Wednesday, September 14, 2022 at 5:01 p.m.  
Final Budget Hearing Adoption of Budget and Millage Rates  
Wednesday, September 21, 2022 at 5:01 p.m.  
A motion was made by Commissioner Adams, seconded by Chairman  
O'Bryan, to approve the Budget Workshop dates and the date of the Budget  
Hearings for the 2022/2023 budgets. 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  
22-0092  
12.H.1.  
Award of Bid #2022020 - South County Wastewater Treatment Facility  
(SCWWTF) Reuse Control Panel Replacement and Permission to Increase  
Capital Funds  
Recommended Action:  
Staff recommends that the Board of County Commissioners (BCC) give approval  
to use cash balance in the amount of $231,527 to fund the additional cost for the  
replacement of the South County Wastewater Treatment Facility Reuse Control  
Panel; and, staff also recommends that the BCC award Bid #2022020 to  
Paragon Electric of Vero, Inc., in the amount of $606,527.00, approve the  
agreement, and authorize the Chairman to execute it after review and approval of  
the agreement and public construction bond by the County Attorney as to form  
and legal sufficiency  
Attachments: Staff Report  
Bid 2022020 SCWWTFRCP Replacement - KHA Bid Review  
Agreement  
Matt Jordan, Interim Director of Utility Services, referred to staff's memorandum  
dated January 19, 2022, to explain his request for an increase in capital funds.  
He pointed out the two responsive bids received for the replacement of the Reuse  
Control Panel at the South County Wastewater Treatment Facility were both  
significantly over budget as a result of the increase in costs due to the current  
market conditions.  
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  
13. COUNTY ATTORNEY MATTERS  
22-0066  
13.A.  
Construction Board of Adjustment and Appeals Member Appointment  
Recommended Action:  
The County Attorney recommends that the Board review the applicant’s résumé and  
application, and determine whether to appoint her to fill the unexpired term for the  
“Architect” representative to the Construction Board of Adjustment and Appeals  
Attachments: Staff Report  
Application-Resume - Diana Hoffman  
County Attorney Dylan Reingold presented Diana L. Hoffman's application for  
consideration to fill the unexpired term for the "Architect" to the Construction Board of  
Adjustment and Appeals.  
A motion was made by Commissioner Moss, seconded by Chairman O'Bryan, to  
appoint Diana L. Hoffman to fill the unexpired term for the "Architect"  
representative to the Construction Board of Adjustment and Appeals. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0087  
13.B.  
Resolution of Necessity for two Parcels of Right-Of-Way Located along 66th  
Avenue between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (tenant  
Tongay), Parcel 132 (tenant B& B Farms)  
Recommended Action:  
Staff recommends that the Board approve the Resolution of Necessity and authorize  
staff to proceed with the necessary lease hold acquisition through the County's power  
of eminent domain.  
Attachments: Staff Report  
Resolution of Necessity  
Composite Exhibit A to Resolution  
Deputy County Attorney William K. DeBraal informed the Board of two properties  
along 66th Avenue between 69th and 85th Streets where the County had already  
purchased a fee simple portion of the following properties: 1) owned by Frederick  
Lipfert (Parcel 127) and leased by Empire Equine; and 2) owned by Frederick and  
Florence Van Antwerp (Parcel 132) and leased by B&B Farms. He pointed out that  
since both parcels had leases on them, the County would need to terminate the  
tenants' leasehold interests on the properties, but only on the portion that was  
purchased as right-of-way. He explained both tenants had been notified and were  
entitled to possible damages due to the take of the portion of land subject to the lease.  
Deputy County Attorney DeBraal concluded that a Resolution of Necessity was  
needed to move forward to close out the portion of the leases that occupied the  
right-of-way needed and he added that there was no need to do a good faith estimate  
or make a unconditional offer since they were not the owners. He confirmed that in  
order for the leaseholders to make a claim, they would need to provide the County  
with written documentation of their claim by providing financial records, tax returns,  
and other documents supporting the loss to their business.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Adams, to approve Resolution 2022-009, declaring a reasonable necessity to  
confirm and perfect fee simple title in and to certain real property free and clear  
of any leaseholds and any other interests for the public purposes of improving  
and reconstructing 66th Avenue, including side street, intersection, sidewalk and  
water retention pond improvements; authorizing the County Attorney or its  
outside counsel to confirm and perfect fee simple title in and to the properties  
described in attached Exhibit A by acquiring any leasehold and other interests, if  
any, in and to said properties by the institution of proceedings in eminent  
domain, and providing 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  
22-0095  
13.C.  
Code Enforcement Board 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 “Engineer” to  
the Code Enforcement Board.  
Attachments: Staff Report  
Application - Terence Schlitt 01.26.22  
County Attorney Dylan Reingold presented Terence E. Schlitt's application for  
consideration to fill the unexpired term for the "Engineer" to the Code Enforcement  
Board.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to appoint Terence E. Schlitt to fill the unexpired term for the "Engineer"  
to the Code Enforcement Board. 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  
Update on County Legislative Issues  
Discussion  
22-0098  
14.A.1.  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Attachment  
Chairman O'Bryan indicated members of the Board and staff had traveled to  
Tallahassee for the Florida Association of Counties' Legislative Day. He asked  
Kathleen Forst, Legislative Affairs and Communications Manager, if she would  
provide an update on the County legislative issues, particularly Senate Bills 620  
and 280.  
Ms. Forst referred to Senate Bill 620 and House Bill 569, noting these were local  
government bills that created a cause of action for established businesses to  
recover losses from a County or municipality whose regulatory action caused  
significant impact on their business. She reviewed the amendments to Senate Bill  
620 which included prevailing party language, attorney fees and costs, clarified  
that a business must have had operated within the jurisdiction in question for at  
least three years prior to filing damages, and clarified that ordinances that were  
expressly authorized to comply with State and Federal law were exempt from  
business damages. She felt this language would protect some of the County's  
Ordinances, specifically the Biosolids Moratorium. She remarked that the House  
filed a proposed committee substitute that matched the Senate language and the  
County planned to work with House Representative Erin Grall as the bill moved  
through the House. She expressed some concerns on the language contained in  
the House version of the bill and stated the County was proposing language to  
include in the bill that would require businesses to have paid all their fees,  
assessments, taxes, require that all licenses were in compliance before a business  
could file suit for damages, require that attorney fee provisions were equal on both  
sides, and to allow an ordinance being upheld in court to go into effect upon  
rendition of an order.  
Ms. Forst outlined Senate Bill 280 and House Bill 403, pointing out that these  
bills addressed attorney fees and business impact statements if a local government  
enacts an ordinance on a matter preempted to the State. The bill would require  
counties to develop a business impact statement prior to the adoption of a  
proposed ordinance or suspension of an ordinance's enforcement and its  
amendments. She stated that the County planned to work closely with  
Representative Grall to update the House version to match the exemptions in  
Senate Bill 620.  
Ms. Forst concluded with an update to Senate Bill 512 and House Bill 325 on  
Vacation Rentals, mentioning that the County was working closely with Senator  
Danny Burgess to include language that would grandfather-in the County's existing  
Vacation Rental Ordinance and regulations. Chairman O'Bryan commended Ms.  
Forst for her work in Tallahassee.  
Chairman O'Bryan referred to a guest commentary article written by House  
Representative Randy Fine on House Bill 349 (HB 349) that would allow  
seagrass mitigation banks. He asked for the Board's consensus to direct staff to  
contact the County's Lobbyist Group to oppose HB 349 and to add it to the list  
of approved legislative priorities. He also provided an update on the bill that was  
filed to eliminate the Soil and Water Conservation Districts (SWCD) and  
indicated the bill's sponsor amended the language in bill to change the SWCD  
Board member requirements.  
Commissioner Adams thanked Managing Director of the Solid Waste Disposal  
District Himanshu Mehta for bringing the Recycling Bill to the Board's attention  
and to Ms. Forst for keeping the Board updated.  
It was the Board’s consensus to 1) direct staff to contact the County’s Lobbyist  
Group in regard to the Board’s opposition to House Bill 349, and 2) add House  
Bill 349 to the list of approved Legislative Priorities.  
B. Commissioner Joseph H. Earman, Vice Chairman  
C. Commissioner Susan Adams  
22-0091  
14.C.1.  
Proposed 2022 Environmental Land Bond Referendum  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memo - Land Bond Referendum  
[Clerk's note: This discussion was a continuation of Item 5.C.]  
Chairman O'Bryan turned over discussion to Commissioner Adams who  
supported the referendum, and requested input from the Board and staff.  
Commissioner Flescher expressed his view that the timing of this initiative was not  
favorable in light of the uncertainty surrounding the financial markets. Vice  
Chairman Earman supported land preservation given the recent increase in  
development; he noted that the bond may assist the County in obtaining  
additional grants. Commissioner Moss added her full support for the initiative.  
Chairman O'Bryan observed that preserved green spaces were integral to the  
appeal of the County's quality of life.  
There was agreement among Commissioners and County Administrator Jason  
Brown regarding the importance of allocating funds for initial land improvements  
such as invasive species removal and increased public access.  
Joseph Paladin, Developer, expressed his support for the referendum.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to direct staff to: 1) work with the Indian River Land Trust and local  
environmental organizations to draft ballot language and a resolution for a  
$50 million land conservation bond to be placed on the November 8, 2022  
ballot; and 2) return with the draft language for the Board's approval. The  
motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Moss  
1 - Commissioner Flescher  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
[Clerk's Note: This item was heard following Item 5.E.]  
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.  
21-1104  
15.A.1.  
Approval of Minutes Meeting of September 14, 2021  
Approve  
Recommended Action:  
Attachments: 09142021 ESD Draft  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Emergency Services District Meeting Minutes of  
September 14, 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  
22-0052  
15.A.2.  
Approval of Minutes Meeting of November 2, 2021  
Approve  
Recommended Action:  
Attachments: 11022021 ESD Draft  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Emergency Services District Meeting Minutes of  
November 2, 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  
22-0074  
15.A.3.  
Approval to use Breathing Air Systems as a Sole Source for Cascade Systems  
Recommended Action:  
Staff recommends the Board waive the requirements for bids, authorize the  
Purchasing Division to issue a purchase order to Breathing Air Systems, and  
declare the vendor as Sole Source. Staff also recommends the Board authorize  
the Purchasing Manager to sign any necessary quotes, statements of work or  
agreements, after review and approval by the County Attorney as to form and  
legal sufficiency.  
Attachments: Staff Report  
Breathing Air Quote  
Sole Source Letter  
There was no discussion regarding this item.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendations. 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, resuming the meeting with Item  
6, Approval of the Minutes.  
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.  
22-0086  
15.B.1.  
Approve of Meeting Minutes November 9, 2021  
Approve  
Recommended Action:  
Attachments: 11092021 SWDD Draft  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of  
November 9, 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  
22-0090  
15.B.2.  
Rejection of Bids for the Landfill Household Hazardous Waste and Recycling  
Transfer Facility (Bid No. 2022011)  
Recommended Action:  
Staff recommends that its Board reject the two bids for Bid No. 2022011 as both  
bids were over the total budget for this project, the low bidder was determined to  
be non-responsive, and there were numerous disparities between the low and high  
bidder  
Attachments: Staff Report  
KHA Evaluation of Bids  
Managing Director of the Solid Waste Disposal District Himanshu Mehta  
reviewed the information contained in his memorandum dated January 21, 2022  
on the rejection of bids for the Landfill Household Hazardous Waste (HHW) and  
Recycling Transfer Facility (RTF). He informed the Board of the  
recommendation by Kimley-Horn and Associates, Inc. (KHA) to reject the bids  
received due to the disparity in numerous line items, non-response by the low  
bidder on key line items, and the Solid Waste Disposal District (SWDD) overall  
budget versus low bid total. He confirmed that staff concurred with the  
recommendation by KHA and proposed returning to the Board at a future  
meeting with a request to re-design the facility, so that the HHW facility along with  
the site improvements were built first with a bid alternate option to build the RTF  
concurrently or in the future.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0097  
15.B.3.  
Sixteenth Amendment to Republic Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
Sixteenth Amendment to Republic Services landfill contract for the additional  
landfill gas operation and maintenance services; and authorize the Chairman to  
execute the agreement  
Attachments: Staff Report  
Sixteenth Amendment  
SCS Field Services Proposal  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 11:24 a.m.