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 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, December 14, 2021  
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  
Dr. Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center  
3. PLEDGE OF ALLEGIANCE  
Commissioner Laura Moss  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
During the meeting: Moved 14.A.1. to follow Item 8 Consent Agenda  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the 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  
5. PROCLAMATIONS and PRESENTATIONS  
21-1151  
5.A.  
Presentation of Proclamation Honoring Eve Prete on her Retirement from the Indian  
River County Office of the Tax Collector with 27 Years and 2 Months of Service  
Recommended Action:  
Read and Present  
Attachments: Proclamation - E. Prete  
Chairman O'Bryan read and presented the Proclamation to Eve Prete, who was  
present with her family, coworkers and friends. The Chairman thanked her for 27  
years and two (2) months of service to the residents of Indian River County.  
Read and Presented  
21-1082  
5.B.  
Presentation of Proclamation Celebrating the 50th Anniversary of Florida Atlantic  
University Harbor Branch Oceanographic Institute  
Recommended Action:  
Read and Present  
Attachments: Proclamation 50th  
Cara Perry, Assistant Vice President of Communication for Florida Atlantic  
University's (FAU) Northern Campuses showed a short video that encapsulated the  
important work being done at the FAU Harbor Branch Oceanographic Institute. She  
was joined by Elycia Morris, Board of Trustee, FAU.  
Vice Chairman Earman presented a Proclamation Celebrating the 50th Anniversary of  
FAU Harbor Branch Oceanographic Institute.  
Read and Presented  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Regular Meeting Minutes of October 5, 2021, and the  
Excerpt from December 7, 2021 Item 10.A.3. Final Public Hearing and Discussion  
of 2021 Redistricting of County Commissioner Districts. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1145  
6.A.  
Regular Meeting of October 5, 2021  
Approve  
Recommended Action:  
Attachments: 10052021BCC_Granicus  
Approved  
21-1148  
6.B.  
Excerpt from December 7, 2021 Item 10.A.3. Final Public Hearing and Discussion of  
2021 Redistricting of County Commissioner Districts  
Recommended Action:  
Approve  
Attachments: 12072021Item 10.A.3. Excerpt with attachments DRAFT  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
21-1121  
7.A.  
Proclamation Honoring James W. O'Neal on His Retirement From Indian River  
County Board of County Commissioners Department of Utility Services Water  
Distribution with Thirty-Two Years of Service  
Attachments: Proclamation  
Chairman O'Bryan recognized James W. O'Neal for thirty-two years of service to the  
County.  
No Action Taken or Required  
21-1123  
7.B.  
7.C.  
7.D.  
Florida Public Service Commission Final Order PSC-2021-0446-S-EI approving  
2021 stipulation and settlement agreement; docket to be closed, a copy is on file in  
the Clerk to the Board Office.  
Recommended Action:  
Information Only  
No Action Taken or Required  
21-1139  
Florida Public Service Commission Consummating Order No.  
PSC-2021-0452-CO-EG makes Order PSC-2021-0421-PAA-EG effective and  
final; docket to be closed.  
Recommended Action:  
Information Only  
No Action Taken or Required  
21-1120  
Closure and Collection Service Changes for the Christmas and New Year's Day  
Holidays  
Recommended Action:  
For informational purposes only - no action required  
Attachments: Staff Report  
Chairman O'Bryan announced the closure and collection service changes for the  
upcoming holidays.  
No Action Taken or Required  
21-1150  
7.E.  
Indian River County Venue Event Calendar Review  
Recommended Action:  
This is an informational item only; no Board action is required.  
Attachments: Staff Report  
Chairman O'Bryan highlighted on the upcoming events listed in the Indian River  
County Venue Event Calendar.  
No Action Taken or Required  
21-1153  
7.F.  
2022 Committee Assignments by Commissioner  
No Action Taken or Required  
Recommended Action:  
Attachments: 2022 Committee Assignments  
Commissioner Moss sought and received clarification from Chairman O'Bryan in  
regards to the assigned the point person for the Affordable Housing Advisory  
Committee on the 2022 Committee Assignments List versus the Designated Point  
Persons and Alternates for 2022 State Legislative List of Priorities for the State  
Housing Initiatives Partnership/Affordable Housing as presented in Agenda Item  
11.A.  
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.D., 8.E. and  
8.I. for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1125  
8.A.  
Quarterly OPEB Trust Report for the Quarter Ending 09/30/2021  
Accept the report  
Recommended Action:  
Attachments: Investment Committee OPEB Report  
Accepted  
21-1126  
8.B.  
Quarterly Investment Report for the Quarter Ending 09/30/2021  
Accept the report  
Recommended Action:  
Attachments: Investment Committee Report  
Accepted  
21-1127  
8.C.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting Through 09/30/2021  
Recommended Action:  
Accept the report  
Attachments: Traffic Education Fund Report  
Accepted  
21-1131  
8.D.  
Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/2021  
Accept the report  
Recommended Action:  
Attachments: Tourist Development Tax Report  
Chairman O'Bryan received information from Jeffrey R. Smith, Clerk of the Circuit  
Court and Comptroller, on the increase in tourist development tax monies collected  
compared to the same quarter in September 2019. Mr. Smith indicated Indian River  
and counties along the east coast were experiencing increases in their tourist  
development tax monies.  
A motion was made by Vice Chairman Earman, seconded by Chairman O'Bryan,  
to accept the Quarterly Tourist Development Tax Report for the Quarter Ending  
September 30, 2020. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1132  
8.E.  
Internal Audit Division Annual Report  
Accept the report  
Recommended Action:  
Attachments: 2021 Internal Audit Report  
Chairman O'Bryan made mention of the Internal Audit Division Annual Report and  
the comprehensive list of the Clerk of the Circuit Court and Comptroller's internal  
audit activities. He commended Mr. Jeffrey R. Smith, Clerk of the Circuit Court and  
Comptroller and his staff for all of the work they do for the County.  
Mr. Smith acknowledged Internal Audit Director Mr. Edward Halsey for the great  
job he has done, and highlighted his work to establish audit criteria for Children's  
Services and other charities.  
Vice Chairman Earman also commended Mr. Smith and his staff for their work.  
A motion was made by Vice Chairman Earman, seconded by Chairman O'Bryan,  
to accept the Internal Audit Division Annual Report. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1124  
8.F.  
Extension of Lease Agreement with the Senior Resource Association for the Transit  
Administration Facility  
Recommended Action:  
Staff recommends the Board approve the Third Extension to Lease Agreement and  
authorize the Chairman to execute the Third Extension.  
Attachments: Staff Report  
Extension  
Approved staff's recommendation  
21-1084  
8.G.  
Designation of Excess Equipment as Surplus and Reactivation of Asset 27619  
Recommended Action:  
Staff recommends the Board reactivate asset 27619, declare the items on the Excess  
List for 121421 Agenda as surplus, and authorize their disposal.  
Attachments: Staff Report  
Excess List for 121421  
Approved staff's recommendation  
21-1133  
8.H.  
Interest Rate Change on All County Financing (Petition Paving, Utility Assessment  
Projects, Utility Impact Fees, etc.)  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the fixed interest  
rate of 3.25%. Staff further recommends that this rate remain in effect for calendar  
year 2022 for all County financing with the exception of projects directly affiliated  
with a bond issue for which the bond covenants dictate a different interest rate.  
Attachments: Staff Report  
County Financing Interest Rate History  
Approved staff's recommendation  
21-1134  
8.I.  
Award of Bid No. 2022007, 66th Avenue and 8th Street Signalization Improvements  
- IRC-2002  
Recommended Action:  
Staff recommends the project be awarded to Ferreira Construction Southern Division  
Co., Inc. in the amount of $694,326.36 for the construction of the 66th Avenue and  
8th Street Signalization Improvements. Staff further recommends the Board approve  
the sample agreement and authorize the Chairman to execute said agreement after  
review and approval of both the agreement and required Public Construction Bond by  
the County Attorney as to form and legal sufficiency, and the receipt and approval of  
required insurance by the Risk Manager.  
Attachments: Staff Report  
Sample Agreement  
Vice Chairman Earman stated that the 66th Avenue and 8th Street signalization  
improvements were long overdue and thanked County staff for installing the flashing  
red stop sign at 66th Avenue and 4th Street.  
County Administrator Jason Brown informed the Board of the supply constraints and  
current wait time for mast arms.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1135  
8.J.  
Award of Bid 2022012 - DMZ Modification  
Recommended Action:  
Staff recommends the Board award bid 2022012 to Sentinel Technologies, Inc.,  
approve the Sample Agreement, and authorize the Chairman to sign the agreement  
after the County Attorney has approved it as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
21-1136  
8.K.  
Mattress Firm - Amendment to Lease 1919 US Highway 1, Sebastian, FL 32958  
Recommended Action:  
Staff recommends the Board approve the lease renewal for Mattress Firm and  
authorize the Chairman to execute the Amendment to Lease.  
Attachments: Staff Report  
Amendment to Lease  
Approved staff's recommendation  
21-1138  
8.L.  
51st Avenue from 65th Street to 69th Street Water Assessment Project, Resolution  
IV: Final Assessment Roll  
Recommended Action:  
Staff requests the Board of County Commissioners adopt Resolution IV for 51"  
Avenue from 65th Street to 69th Street with a per parcel cost of $7,450.69 and an  
interest rate of 3.25% for assessment costs.  
Attachments: Staff Report  
Resolution No IV Final Assessment Roll  
Approved Resolution 2021-085, certifying "as-built" costs in connection with a  
special assessment project for a water main extension from 65th Street to 69th  
Street, along 51st Avenue to include certain specially benefitted properties  
abutting 51st Avenue, within a portion of Winter Beach Highlands and a portion  
of Winter Beach Park, located within unincorporated Indian River County,  
Florida; providing for formal completion date, and date for payment without  
penalty and interest.  
21-1129  
8.M.  
Fleet Facility Fuel Island Canopy Refurbishment - Release of Retainage and Change  
Order No. 1 - IRC-2025  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 4 to JSR Fueling Technologies, LLC. in the amount of  
$5,924.24 for release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
21-1140  
8.N.  
Addition to Cash and Surplus Investment Policy  
Recommended Action:  
Accept the Cash and Surplus Investment Policy change  
Attachments: Finance Department Staff Report  
Revised Investment Policy  
Accepted  
21-1141  
8.O.  
Indian River County Lagoon Management Plan Development Services, Tetra Tech  
Inc., Work Order No. 10  
Recommended Action:  
Staff recommends the BCC approve Tetra Tech, Inc. Work Order No. 10 in the  
amount of $40,576.00 for professional water resource engineering support services  
associated with supporting County staff’s development of the Indian River Lagoon  
Management plan. In addition, staff recommends that the Board authorize the  
Chairman to execute Work Order No. 10.  
Attachments: Staff Report  
Tetra Tech Inc Work Order No 10  
Work Order #10 execution form  
Approved staff's recommendation  
21-1143  
8.P.  
Resolutions Delegating the Authority to the County Administrator or his Designee to  
Call Letters of Credit and to Act on Behalf of Indian River County during the Time  
Frame of December 15, 2021, through and including January 10, 2022  
Recommended Action:  
Authorize the Chairman to sign the Resolution as presented, delegating the authority  
to call Letters of Credit and delegating full signing authority during the period  
commencing December 15, 2021, through and including January 10, 2022.  
Attachments: Staff Report  
Resolution Delegating Authority  
Approved Resolution 2021-086, delegating authority to the County Administrator  
or his designee, to execute resolutions calling letters of credit as necessary  
during the period commencing December 15, 2021, through and including  
January 10, 2022, and further delegating to the County Administrator or his  
designee, the authority to execute all documents necessary to the proper  
functioning of the County during the period commencing December 15, 2021,  
through and including January 10, 2022.  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
21-1122  
9.A.  
Indian River County Supervisor of Elections Leslie R. Swan re: Reimbursement for  
Conducting the November 2, 2021 Municipal Elections  
Recommended Action:  
Attachments: Memo from Supervisor of Elections  
Leslie R. Swan, Supervisor of Elections, presented her request for the revenue  
received from conducting the November 2, 2021 municipal elections to be rolled into  
the Supervisor of Elections Fiscal Year 2021/22 budget.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Supervisor of Elections' request for reimbursement for  
conducting the November 2, 2021 municipal elections. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
21-1144  
9.B.  
Indian River County Sheriff Eric Flowers re: Access to County Traffic Cameras  
Discussion  
Recommended Action:  
Attachments: Memo from Sheriff Flowers  
Indian River County Sheriff Eric Flowers stated that in July 2021, the Indian River  
County Sheriff's Office (Sheriff's Office) signed a contract to install license plate  
readers around the County. He discussed the challenge with the Florida Department  
of Transportation (FDOT) not working with the Sheriff's office as they had in the past  
to place this technology on their equipment; however, there was legislation in the 2022  
Legislative session to address the issue. He displayed a map with the locations of the  
readers within the County, a copy of which is on file in the Clerk to the Board Office.  
He reviewed how the license plate readers worked and spoke on actual results within  
the County by using this technology.  
Sheriff Flowers asked for the Board's permission to allow the Sheriff's office access  
to the County's traffic cameras for their newly established Real Time Crime Center  
(RTCC). He explained by having access, the RTCC would be able to view the live  
camera feeds during events in order to provide up-to-date information to law  
enforcement deputies. He pointed out that the cameras would not be recorded, but  
used in conjunction with the license plate reader system.  
Mr. John Walsh from America's Most Wanted and resident of Indian River County,  
spoke on the license plate reader and camera technology, and its success in catching  
criminals and saving lives. He commended Sheriff Flowers for using technology to  
fight crime.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman to allow the Sheriff's Office permission to access to the County's  
traffic cameras.  
A discussion followed on clarification of the motion. Commissioner Adams sought  
and received information from Commissioner Flescher that the Sheriff did not need  
authorization for the license plate readers, but was seeking permission to access the  
County's traffic cameras.  
County Administrator Jason Brown indicated the conduit for the fiber to the Sheriff's  
office was full, and sought direction from the Board for a larger fiber project. He also  
referred to the Code of Indian River County, and pointed out there were no  
right-of-way ordinances that addressed license plate readers.  
The motion on the floor was amended to allow the installation of license plate readers  
within the right-of-way.  
In response to the concerns raised by Commissioner Adams, Sheriff Flowers offered  
to address any of the resident's concerns on the location of the license plate readers,  
and the Sheriff's Department polices related to the license plate readers.  
Commissioner Moss commended Sheriff Flowers for his ability to communicate with  
the community. Vice Chairman Earman was in support of the Sheriff's Department  
access to the traffic cameras and appreciated his transparency in letting the public  
know that the license plate readers were not an invasion of privacy, but a tool for law  
enforcement.  
Public Works Director Rich Szpyrka ensured the Board and the Sheriff were aware  
of the limitations in regard to the traffic cameras.  
Chairman O'Bryan, in response to a question raised by Vice-Chairman Earman,  
stated that the Board could authorize the costs of the fiber optic under Item 10.A.2.  
Capital Improvement Element of the Comprehensive Plan.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Sheriff's Office access to the County's Traffic Cameras  
and to allow installation of license plate readers in the right-of-way. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
21-1100  
10.A.1.  
Biosolids Moratorium Extension Ordinance - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the draft ordinance.  
Attachments: Staff Report  
biosolids Ordinance Extention December 2021  
County Attorney Dylan Reingold in his memorandum dated November 23, 2021  
provided background on the Biosolids Moratorium enacted by the Board in July  
2018, on all properties within the unincorporated areas of Indian River County  
involved in the land application of Class B biosolids. He stated that the moratorium  
had been extended on several occasions and the current moratorium was set to expire  
on January 1, 2022. He presented to the Board another moratorium ordinance  
consistent with Section 403.0855, Florida Statutes, which would extend the  
moratorium to January 1, 2023.  
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  
Moss, to adopt Ordinance 2021-015, authorizing an extension of the temporary  
moratorium for an additional 1 year, or until a comprehensive review of the  
impact on the County's ecosystem is completed, within the unincorporated areas  
of Indian River County prohibiting land application activities of Class B Biosolids;  
providing for additional study and possible regulation of Class B Biosolids  
Application activities; providing for exhaustion of administrative remedies; and  
providing for severability, repeal of conflicting provisions, and 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  
21-1130  
10.A.2.  
County Initiated Request to Amend the 5 Year Capital Improvements Program and  
the Capital Improvements Element of the Comprehensive Plan for the Period FY  
2021/22 -2025/26.  
Recommended Action:  
Based on the analysis conducted, staff recommends that the Board of County  
Commissioners approve the update to the 5 Year Capital Improvements Program for  
the period FY 2021/22-2025/26 and supporting data and analysis of the Capital  
Improvements Element (CIE) of the Comprehensive Plan by adopting the attached  
ordinance.  
Attachments: Staff Report  
Comprehensive Plan Text Amendment Adoption Ordinance  
Strikethrough and underline version of the CIE  
2021 Capital Improvements Element  
5 Year Schedule of Capital Improvements (Appendix A)  
Appendix B-D  
Community Development Director Phil Matson introduced Chief of Long Range  
Planning John Stoll and stated that the Capital Improvements Element (CIE) of the  
Comprehensive Plan process, noting the preparation was a joint effort by several  
County departments.  
In a PowerPoint Presentation, Chief Stoll told the purpose of theComprehensive Plan  
Text Amendment was to recognize changes in existing and future public facility needs,  
changes in funding, and to comply with required yearly CIE update requirements. He  
highlighted the changes to existing revenue information and projections, Appendix A,  
and updated all tables, figures and corresponding text of the CIE. He reviewed the  
5-Year Schedule of Capital Improvements Program (CIP) expenditures by category  
and went over the Lagoon benefiting projects funded by the One-Cent Local Option  
Sales Tax FY 2021/22 through 2025/26. He noted the proposed 5-year CIP would  
allocate more than 20% of the extended one-cent local option sales tax revenue to  
fund lagoon related projects.  
Chairman O'Bryan sought and received information from Public Works Director Rich  
Szpyrka for the delay in the widening of 26th Street from 43rd Avenue to 66th  
Avenue project.  
In response to Commissioner Adams' question whether the Board would need to  
move forward capital improvement money in the CIP for the repairs at the Archie  
Smith Fish House - Ice House, County Administrator Jason Brown and Assistant  
County Administrator Mike Zito discussed the stabilization efforts and would bring  
back a plan to the Board after staff had a better assessment of what needed to be  
done. A discussion followed on the Archie Smith Fish House Restoration with  
Commissioner Adams stating that it was the County's responsibility to preserve and  
prevent further degradation of the building and then move forward with the restoration  
plans.  
Beth Powell, Assistant Director of Parks and Conservation Resources, reported on  
the status of the Ice House, the efforts to further prevent debris from falling into the  
lagoon, and the structural integrity of the Ice House. She would bring back to the  
Board the status of what was left of the Ice House and how much of the building  
would be salvageable.  
County Administrator Brown proposed advancing the $200,000 designated for the  
second year of the CIP for the Archie Smith House Restoration. He was proud of  
what had been done in regard to improvements and preservation on County acquired  
properties sites over the past five (5) + years. He recommended that if the County  
would choose to do another land acquisition bond, funds should be set aside for initial  
improvements.  
Chairman O'Bryan recapped the amendments to the CIP, noting the transfer of  
$200,000 from Fiscal Year (FY) 2022/23 to FY 2021/22 for the Archie Smith Fish  
House Restoration. He confirmed with County Administrator Brown that an  
additional $750,000 of Optional Sales Tax, discussed under the Sheriff's Item 9.B.,  
would be moved to FY 2021/22 for Traffic Fiber Optics.  
Commissioner Flescher received confirmation that $400,000 in the CIP for FY  
2022/23 was designated for the Victor Hart Sr. Complex (fka Gifford Park)  
Restroom/Concession Building.  
The Chairman opened the Public Hearing.  
Wilfred Hart thanked the Board for dedicating funding to make the necessary  
improvements to the Victor Hart Sr. Complex Restroom/Concession Building.  
There being no further speakers, the Chairman closed the Public Hearing.  
Assistant County Administrator Zito, in response to a question posed by  
Commissioner Moss, stated the cracked tennis and hand ball courts, and broken  
bleachers do not qualify as capital; he indicated the projects have been procured and  
should commence soon.  
County Administrator Brown clarified for staff that the additional $750,000 for the  
fiber for the Sheriff's cameras would be under the fiber for Facilities rather than under  
Traffic.  
Chairman O'Bryan commented on the funds budgeted for right-of-way acquisitions  
for the widening of 43rd Avenue from Oslo Road to 18th Street to four (4) lanes. He  
was opposed to the project, explaining that 43rd Avenue was narrow and the number  
of houses the County would need to take was not financially feasible.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, 1) to adopt Ordinance 2021-016, amending the text of the  
Comprehensive Plan's Capital Improvements Element by updating the County's 5  
Year Capital Improvement Program (CIP) Schedule and related data and analysis  
sections; and providing severability and effective date; and 2) approve the  
following amendments to the Comprehensive Improvement Plan: a) move  
$200,000 from Fiscal Year (FY) 2022/23 to FY 2021/22 for the Archie Smith Fish  
House Restoration; and b) move an additional $750,000 of Optional Sales Tax to  
FY 2021/22 for Facilities Fiber Optics. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
The Chairman called a recess at 10:39 a.m., and reconvened the meeting at 10:44  
a.m., with all members present.  
B. PUBLIC DISCUSSION ITEMS  
21-1154  
10.B.1.  
Request to Speak from Joseph Paladin re: Community Development District  
No Action Required  
Recommended Action:  
Mr. Joseph Paladin recalled that at the December 7, 2021 Board Meeting, he  
brought forward a discussion on Community Development Districts (CDD). He  
felt it was not the right time, nor did he see bringing forward any CDD's in the  
near future.  
Chairman O'Bryan stated the Board decided to move forward with outlining some  
criteria for any future CDD; and had asked Mr. Paladin to put an Ad Hoc  
committee together to look at CDD's with more community input. Each  
Commissioner expressed their reservations, concerns, and support to move  
forward with a workshop to gather additional information and input, stating it was  
a financial tool to be used at the right place and time. Commissioner Moss stated  
that she did not hear of any support for a CDD and opposed moving forward  
with a CDD or an ad hoc committee at this point.  
County Attorney Reingold, in response to Commissioner O'Bryan, offered to hold  
a roundtable discussion in the near future and inviting those who have expressed  
an interest in the CDD concept, including public input from interested parties. The  
comments and information gathered would be brought to the Board for potential  
future action.  
Mr. Paladin stated that he would be happy to participate in the roundtable  
discussion.  
County Administrator Jason Brown stated Community Development Staff would  
support a roundtable discussion.  
A motion was made by Commissioner Flescher, seconded by Chairman  
O'Bryan, to allow the County Attorney to conduct a Roundtable Discussion in  
order to gather input from interested parties in regard to a Community  
Development District, then to bring back the information to the Board for  
potential future action. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
C. PUBLIC NOTICE ITEMS  
21-1117  
10.C.1.  
Notice of Public Hearing Scheduled for January 11, 2022 Board Meeting for  
Concurrent Conceptual Planned Development (PD) Plan, Special Exception, and  
Preliminary PD Plan Approval for a Single-Family Residential Development  
Recommended Action:  
The referenced public notice item is provided for the Board’s information. No  
action is needed at this time.  
Attachments: Staff Report  
County Attorney Dylan Reingold read the public hearing notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
21-1149  
11.A.  
2022 Indian River County State Legislative Program  
Recommended Action:  
Staff recommends that the Board approve the final proposed Indian River County  
2022 State Legislative Program. Staff also recommends the Board provide direction  
and guidance on the draft list of Designated Point Persons and Alternates for the 2022  
State Legislative Priorities, make any changes to the list and adopt the list with any  
applicable changes.  
Attachments: Staff Report - Legislative Priorities  
2022 State Legislative Program  
Designated Point Persons  
Legislative Affairs and Communications Manager Kathleen Forst presented the 2022  
Indian River County Legislative Priorities including the County's Legislative Priorities  
and Concerns list. In her staff memorandum dated December 8, 2021, she stated the  
2022 Florida Legislative Session would convene on January 11, 2022 and run through  
March 11, 2022. She pointed out that contained in the proposed legislative program  
were appropriations for Ixora Park Sewer System Rehabilitation and Hobart Water  
Treatment Plant SCADA System Upgrade Projects, and a proposed list of designated  
point persons and alternates for the 2022 State Legislative List of Priorities. She noted  
staff proposed removing the High Speed Passenger Rail priority following the recent  
settlement agreement with Brightline, and adding new priorities focusing on Preemption  
and Water Infrastructure.  
Chairman O'Bryan reviewed the list of Designated Point Persons and Alternates for  
2022 State Legislative List of Priorities, and changes to the list.  
Topic  
Point Person  
Alternate  
Indian River Lagoon  
Commissioner Adams  
Chairman O'Bryan  
Chairman O'Bryan  
Biosolids - Pilot Program  
Chairman Earman  
Recycling  
Vice  
Commissioner Moss  
Commissioner Flescher  
Vice Chairman Earman  
Commissioner Moss  
Chairman O'Bryan  
Beach Restoration and Nourishment  
Short-Term Vacation Rentals  
Commissioner Adams  
State Housing Initiatives Partnership/  
Affordable Housing  
Commissioner Moss  
Commissioner Adams  
Commissioner Adams  
Commissioner Flescher  
Broadband Access  
Preemption  
Vice Chairman Earman  
Commissioner Moss  
Commissioner Flescher  
Chairman O’Bryan  
Water Infrastructure  
Commissioner Moss made the Board aware of Senate Bill 1078 and House Bill 783  
that would abolish all Soil and Water Conservation Districts in the State of Florida,  
transferring the assets and liabilities of such districts.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the final proposed Indian River County 2022 State Legislative  
Program and the amended Designated Point Persons and Alternates for the 2022  
State Legislative Priorities. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
21-1147  
13.A.  
Acquisition of Right-Of-Way from Christine L. Ford for Phase II of 66th Avenue  
Improvements - 7825 66th Avenue, Parcel 126  
Recommended Action:  
Staff recommends the Board approve the Agreement to Purchase and Sell Real  
Estate for Mrs. Ford’s property and authorize the Chairman to execute the document  
on behalf of the Board.  
Attachments: Staff Report  
Agreement to Purchase right of way  
Deputy County Attorney William K. Debraal presented information on the acquisition  
of right-of-way from Christine L. Ford for Phase II of 66th Avenue Improvements at  
7825 66th Avenue, Parcel 126, as contained his memorandum dated December 8,  
2021. He provided detail on the 7.35 acre improved ranchette home site, detailing  
the improvements that were involved in the County's purchase of 1.76 acres of  
property for the 66th Avenue Improvements. He explained the method of approach  
in establishing a value of the land and improvements within the area of take and spoke  
of the unique characteristics of the house not commonly found in Florida homes. He  
touched on the appraisal, terms of the settlement given to Ms. Ford to complete the  
construction of a new residence on the remainder parcel, and total cost of settlement  
in the amount of $813,488.13 for the acquisition. He furthered explained the total  
cost of settlement included severance damages and all improvements.  
Commissioner Adams concurred with Attorney Debraal and stated the house was  
built using construction methods not used anymore and with materials that were hard  
to come by and if found, would be astronomical in cost.  
County Administrator Jason Brown added that the majority of money for the  
purchase of the 1.76 acres of property would be going to Ms. Ford and not the  
attorneys or experts.  
Chairman O'Bryan commented that the County had offered to move the house and  
the owner had declined, and agreed with County Administrator Brown that the vast  
majority of money would be going to the owner.  
Commissioner Flescher concurred with Chairman O'Bryan and spoke on the issue of  
moving a house with a lot of age.  
A motion was made by Commissioner Adams, 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  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
Vero Beach Air Show’s Request for Use of County Administration Building and  
21-1152  
14.A.1.  
Grounds for Volunteers during Air Show  
Recommended Action:  
Discussion  
Attachments: Commissioner's Memorandum  
[Clerk's Note: This item was heard following Item 8 Consent Agenda and  
placed here for continuity.]  
Chairman O'Bryan presented a request by the Vero Beach Air Show to use the  
County Administration Building and Grounds for volunteers working the Air  
Show.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the request by the Vero Beach Air Show to use the County  
Administration Building and Grounds for volunteers working the Air Show.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
B. Commissioner Joseph H. Earman, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
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.  
21-1146  
15.B.1.  
Approval of Meeting Minutes October 5, 2021  
Approve  
Recommended Action:  
Attachments: 10052021SWDD_Draft  
A motion was made by Commissioner Moss, seconded by Commissioner  
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of  
October 5, 2021. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
21-1137  
15.B.2.  
Amendment No. 1 to Wastewater Treatment Agreement with Indian River  
Sustainability Center  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that the Board: a)  
Approve the Amendment No. 1 to Wastewater Treatment Services Agreement  
between SWDD and Indian River Sustainability Center, LLC; and, b) Authorize  
the Chairman to sign upon approval of legal sufficiency by the County Attorney.  
Attachments: Staff Report  
Amendment No 1  
There was no discussion on 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.  
He thanked County staff for their work over the year and to Commissioner Flescher  
for a job well done during his reign as Chairman this year. He wished everyone a safe  
and happy holiday season.