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, January 18, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Reverend Graham Bingham, Westminster Presbyterian Church  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 4.A. Multifactor Authentication; Moved to be heard under 12.E.1.,  
Information Technology  
Moved: Item 14.A.1. to follow Item 5.D.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, 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  
22-0001  
5.A.  
Presentation of Proclamation Honoring Chief Raniero Luigino Angelone on His  
Retirement From Indian River County Board of County Commissioners Department  
of Emergency Services  
Attachments: Proclamation  
Vice Chairman Joe Earman read and presented the Proclamation to Chief Angelone,  
and praised his competence on and off duty. Chief Angelone addressed the many  
firefighter/paramedics who were present and imparted words of wisdom.  
Commissioners and staff thanked Mr. Angelone for his service.  
Read and Presented  
22-0049  
5.B.  
Presentation of Proclamation Designating January 23-29, 2022 as Certified  
Registered Nurse Anesthetists Week  
Recommended Action:  
Read & Present  
Attachments: Proclamation  
Commissioner Susan Adams read and presented the Proclamation to Mr. Jacques  
Goulet and Ms. Nicole Matson, who accepted on behalf of Certified Nurse  
Anesthetists (CRNAs). Mr. Goulet addressed Commissioner Moss' comments  
regarding the scope of responsibility for CRNAs.  
Read and Presented  
22-0046  
5.C.  
Presentation by Dr. Loraé Simpson from the Florida Oceanographic Society on  
Seagrass in the Indian River Lagoon  
Recommended Action:  
Presentation Only  
Dr. Loraé Simpson, Florida Oceanographic Society, gave a presentation on the  
deteriorating state of seagrass in the Indian River Lagoon, and covered topics  
including basic ecology, the importance of seagrass, threats to growth, and restoration  
efforts. The Commissioners discussed with Dr. Simpson the effects of seagrass loss  
on the manatee population and efforts from the Indian River Lagoon National Estuary  
Program to restore seagrass beds.  
Presented  
22-0047  
5.D.  
Presentation by Abbey Gering, Graduate in Chemical Oceanography, Florida Tech in  
conjunction with Dr. Austin Fox, Ph.D., Professor at the Department of Ocean  
Engineering and Marine Science at Florida Tech on Muck in the Indian River Lagoon  
Recommended Action:  
Presentation Only  
Ms. Abbey Gering, graduate in Chemical Oceanography, Florida Tech, used a  
PowerPoint presentation to discuss the toxic muck found in the Indian River Lagoon.  
Her presentation included information on the muck's sources, its effects on the  
ecosystem, and muck management strategies. The Board received information and  
expressed opinions throughout Ms. Gering's presentation.  
Chairman O'Bryan received information from Ms. Gering on various muck removal  
methods. He then transitioned into possible actions the County could take to counter  
muck and restore seagrass beds. The Chairman requested input from Ms. Gering and  
Dr. Simpson to identify locations for seagrass restoration, and the resources needed  
to accomplish that goal. A discussion ensued with all in agreement on the need for  
collaboration and coordination with community volunteers, the Florida Oceanographic  
Society, and Florida Tech.  
[Clerk's note: Discussion continued under Item 14.A.1.]  
Presented  
6. APPROVAL OF MINUTES  
22-0051  
6.A.  
Regular Meeting of November 2, 2021  
Approve  
Recommended Action:  
Attachments: 11022021 BCC Draft  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Regular 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  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0029  
7.A.  
Career Online High School  
Recommended Action:  
Informational item only, No Board action required  
Attachments: Staff Report - Career Online High School  
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 Item 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  
22-0026  
8.A.  
Award of Bid No: 2022018, Indian River County Tax Collector’s Office Expansion,  
IRC-2030  
Recommended Action:  
Staff recommends that the project be awarded to Don Hinkle Construction, Inc. in  
the amount of $523,062.36 and requests that the Board of County Commissioners  
approve the sample agreement and authorize the Chairman to execute said agreement  
after receipt and approval of the required Public Construction Bond, Certificate of  
Insurance, and evidence of enrollment in E-Verify, and after the County Attorney has  
approved the agreement as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
22-0030  
8.B.  
Approval of Agreement Extension for Transit Advertising Services between Indian  
River County and Sunup Advantage, LLC  
Recommended Action:  
Staff recommends that the Board of County Commissioners review the Agreement  
Extension (Attachment #2) for Transit Advertising Services between the County and  
SunUp Advantage, LLC, make any necessary changes, and authorize the Chairman  
to execute the agreement.  
Attachments: Staff Report  
Agreement approved 2/4/2019  
Extension and Amendment  
Approved staff's recommendation  
22-0031  
8.C.  
Interior Renovation of the Indian River County Building and Fire Prevention Divisions  
Release of Retainage  
Recommended Action:  
Staff recommends approval of Contractor’s Application for Payment No. 12 REV 2  
to Hedrick Brothers Construction Co., Inc. in the amount of $41,007.05 for final  
payment release of retainage.  
Attachments: Staff Report  
Contractor’s Application for Payment No 12 REV 2  
Approved staff's recommendation  
22-0034  
8.D.  
Richard E. Schuetz (Trustees) & Robin K. Schuetz (Trustees) of the Richard E.  
Schuetz & Robin K. Schuetz Revocable Trust Request for Release of an Easement at  
1971 West Cayman Road (Summerplace Sub Unit 4)  
Recommended Action:  
Staff recommends that the Board, through adoption of the proposed resolution,  
approve release of the drainage and utility easement described in the resolution.  
Attachments: Staff Report  
Map(s) Depicting Easement Proposed For Release  
Proposed County Resolution Releasing Easement  
Approved Resolution 2022-002, releasing an easement (or portion thereof) on Lot  
6, Block 8, Summerplace Sub Unit 4.  
22-0035  
8.E.  
Stiles Corporation on behalf of TcBridge Boulevard LLC Request for Release of an  
Easement at 4705 County Road 510 (Weona Park Sub)  
Recommended Action:  
Staff recommends that the Board, through adoption of the resolution, approve release  
of the drainage and utility easement described in the resolution.  
Attachments: Staff Report  
Map(s) Depicting Easement Proposed For Release  
Proposed County Resolution Releasing Easement  
Approved Resolution 2022-003, releasing an easement (or portion thereof) on Lot  
11, Block 3, Weona Park Sub.  
22-0036  
8.F.  
Timberlake - Vero Beach Homeowners Association, Inc. Request for Release of an  
Easement within Timberlake Subdivision  
Recommended Action:  
Staff recommends that the Board, through adoption of the resolution, approve a  
release of the emergency access easement described in the resolution.  
Attachments: Staff Report  
Map(s) Depicting Easement Proposed For Release  
Proposed County Resolution Releasing Easement  
Approved Resolution 2022-004, releasing an easement (or portion thereof) on  
Tract C, Timberlake Subdivision.  
22-0041  
8.G.  
Children's Services Advisory Committee's Annual Report, FY 2020-2021  
Recommended Action:  
Staff recommends the Board accept the Children’s Services Advisory Committee’s  
Annual Report for FY 2020-2021 as submitted.  
Attachments: Staff Report - CSAC  
FY21 CSAC ANNUAL REPORT  
Accepted  
22-0042  
8.H.  
License Agreement for IRCSO Deputy to Reside at the County Owned Residents at  
the Victor Hart Sr. Community Enhancement Complex - 4735 43rd Avenue, Vero  
Beach, FL  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners accept the license agreement with the IRCSO Deputy and authorize  
the chair to execute the same.  
Attachments: Staff Report  
License Agreement  
Commissioner Moss questioned whether words were missing from paragraph 8.a. of  
the license agreement. County Attorney Dylan Reingold acknowledged that the word  
"maintain" should be added to the item.  
A motion was made by Commissioner Moss, 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  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
21-1161  
10.A.1.  
Amendments to Chapter 304 (Life Support and Wheelchair Services) of the  
Indian River Code of Ordinances - 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  
Chapter 304 Ordinance  
County Attorney Dylan Reingold presented the proposed Ordinance which  
amended the County's code to no longer regulate wheelchair vehicle service  
businesses.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to adopt Ordinance 2022-001, amending Sections 304.02 (Authority  
and purpose), 304.02 (Definitions), 304.07 (Same-Investigation; staff  
recommendation), 304.08 (Contents of certificate), 304.09 (Inspections), 304.11  
(Renewal), 304.12 (Revocation, alteration or suspension) of Part I (Life  
Support Services) of Chapter 304 (Life Support and Wheelchair Services) and  
striking Part II (Wheelchair Vehicle Services) of Chapter 304 (Life Support and  
Wheelchair Services) in order to update terms and eliminate the regulation  
of Wheelchair Vehicle Services; 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  
22-0008  
10.A.2.  
Miscellaneous Budget Amendment 002  
Recommended Action:  
Staff recommends that after the public hearing, the Board of County  
Commissioners approve the budget resolution amending the fiscal year 2021-22  
budget.  
Attachments: Staff Report  
2021 2022 Resolution  
Exhibit "A"  
Notice of Public Hearing  
Statutes  
Kristen Daniels, Director of Management and Budget, described the wages and  
staffing changes which necessitated amendments to the Fiscal Year 2021-22  
budget.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-005, amending the Fiscal Year 2021-2022  
Budget. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0024  
10.A.3.  
Miscellaneous Budget Amendment 003  
Recommended Action:  
Staff recommends that after the public hearing, the Board of County  
Commissioners approve the budget resolution amending the fiscal year 2021/22  
budget.  
Attachments: Staff Report  
2021 2022 Resolution  
Exhibit "A"  
NOTICE OF PUBLIC HEARING SUPPLEMENTING FISCAL YEAR  
2021-2022  
Statutes & Constitution  
Kristen Daniels, Director of Management and Budget, referred to her  
department's memorandum dated January 4, 2022, which detailed the Capital  
Improvement Element expenditures and cash rollovers contained in Budget  
Amendment 003.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-006, amending the Fiscal Year 2021-2022  
Budget. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0028  
10.A.4.  
TRANSMITTAL HEARING: County Initiated Request to Amend the Text of  
the County's Comprehensive Plan to Add a New Chapter 13 Property Rights  
Element (LEGISLATIVE)  
Recommended Action:  
Based on the analysis, staff and the Planning and Zoning Commission recommend  
that the Board of County Commissioners approve the proposed Comprehensive  
Plan text amendment for transmittal to state and regional review agencies.  
Attachments: Staff Report  
Proposed Chapter 13 Property Rights Element  
DRAFT Property Rights Element Ordinance  
Transmittal Resolution  
Community Development Director Phil Matson introduced the County-initiated  
request to create the Property Rights Element, before turning the presentation  
over to John Stoll, Chief of Long Range Planning. Chief Stoll, through the use of  
a PowerPoint presentation, described the Comprehensive Plan Amendment  
process, the purpose and impetus of the request, sample language, consistency,  
and approval from the Planning and Zoning Commission to add a new Chapter 13  
Property Rights Element.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Moss, to approve Resolution 2022-007, approving the transmittal of a  
proposed Indian River County Comprehensive Plan Text Amendment to State  
and Regional review agencies. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
22-0032  
10.A.5.  
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: 1. Direct staff to  
make any changes necessary to the proposed ordinance (if applicable); and 2. By  
a vote of 4 or 5 BCC members set the second, final adoption hearing for the  
regular BCC meeting of February 1, 2022 which is scheduled to begin at 9:00  
AM.  
Attachments: Staff Report  
Excerpt from Draft December 9, 2021 PZC Minutes  
Draft Ordinance  
Ryan Sweeney, Chief of Current Development, presented Land Development  
Regulation Ordinance amendments which would require solar facilities to be a  
permitted use in all agricultural zoning districts within an unincorporated area, as  
required by the State Legislature. He added that the Board could also approve  
holding the second required public hearing at its regular 9:00 a.m. meeting, rather  
than at 5:01 p.m.  
Chairman O'Bryan received confirmation that the statute defined the parameters  
of a solar facility.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to 1) approve the draft Ordinance with no changes, and 2) approve  
setting the second, final adoption hearing for the Board's regular meeting of  
February 1, 2022, at 9:00 a.m. 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  
22-0053  
12.D.1.  
Results of Consultant Findings - Phase 1 Employer Health Clinic/Wellness Center  
Recommended Action:  
Staff is seeking for direction from the Board of County Commissioners on  
whether to proceed with the marketing and RFP process for an employer health  
clinic/wellness center. If authorized, Lockton Companies will proceed with the  
process and will review all responses and present findings and analysis to the  
BOCC at a future date  
Attachments: Staff Report  
Human Resources Director Suzanne Boyll referred to staff's memo, dated January  
11, 2022, to present the Lockton Companies' report on the Phase 1 findings of  
an Employer Health Clinic/Wellness Center analysis. Ms. Boyll reviewed  
information on health claims, demographics, risks and conditions, and a feasibility  
assessment. She relayed the report's finding that there were potentially enough  
divertible health claims to support a wellness center, and discussed the benefits to  
employees and projected costs.  
Board discussion followed the presentation with Commissioners posing questions  
and hypotheticals to Director Boyll regarding reduction of costs, types of services,  
user profiles, wellness benefits, and the need to consider new approaches to  
managing the cost of health care.  
Commissioner Adams received confirmation from staff that issuing a request for  
proposal (RFP) did not obligate the County to proceed with the proposal. Vice  
Chairman Earman expressed interest in exploring which existing services a clinic  
could assume. Commissioner Flescher requested additional information from  
other clinics' users, and Chairman O'Bryan questioned preferences between  
telemedicine and in-person clinic visits. The Board supported proceeding with the  
RFP process, with the exception of Commissioner Moss who stated the project  
was too high risk.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve authorizing Lockton Companies to proceed with the  
marketing and RFP process for an employer health clinic/wellness center.  
The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
E. Information Technology  
22-0059  
12.E.1.  
Addition - Multi-Factor Authentication Software Procurement Recommendation  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the  
procurement of the MFA software license for a (1) year renewal period. Staff  
further recommends the Board waive the requirement for bids for these services  
and authorize the Purchasing Division to issue a Purchase Order to Netsync, Inc.  
in the amount of $50,245.51.  
Attachments: Staff Report 8.I. Jan 18, 2022  
[Clerk's Note: This item was heard following item 10.A.5.]  
Dan Russell, Information and Technology Director, presented the Board with  
staff's recommendation for a one-year renewal of the multi-factor authentication  
software package with NetSync, Inc.  
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  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
22-0014  
13.A.  
Florida Development Finance Corporation Consent Resolution  
Recommended Action:  
The County Attorney’s Office recommends that the Board approved the resolution  
consenting to the FDFC’s issuance of bonds in an aggregate principal amount not to  
exceed $20,000,000 for the Nopetro Eco District, LLC acquisition, construction and  
equipping of a renewable natural gas production facility to be located at 925 74th  
Avenue SW, Vero Beach, Florida.  
Attachments: Staff Report  
Authorizing Resolution - Nopetro  
County Attorney Dylan Reingold read from his memo dated January 3, 2022, as he  
explained the need to issue revenue finance bonds for the County's planned renewable  
natural gas production facility. He added that the bonds would not incur any debt for  
the County.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-008, providing consent to the Florida  
Development Finance Corporation to the issuance of revenue bonds on behalf of  
Nopetro Eco District, LLC; 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  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
Additional Discussion on Muck and Seagrass in the Indian River Lagoon  
Discussion and action if required  
22-0048  
14.A.1.  
Recommended Action:  
Attachments: Commissioner's Memorandum  
[Clerk's Note: This discussion was a continuation of Item 5.D.]  
Chairman O'Bryan requested a proposal from Dr. Loraé Simpson, Florida  
Oceanographic Society, and Ms. Abbey Gering, Florida Tech, to assist the  
County in identifying areas receptive to seagrass restoration, as well as a cost  
estimate to implement the plan. Additionally, he sought to create a map of the  
muck in the Indian River Lagoon for a future removal initiative.  
County Attorney Dylan Reingold identified avenues to achieve procurement and  
purchasing goals for the restoration proposal. Commissioner Flescher invited  
speakers in the audience to weigh-in on the matter. Commissioner Adams  
informed the Board of a muck-mapping presentation from the Citizens' Advisory  
Committee of the Indian River Lagoon National Estuary Program.  
The following people addressed the Board:  
Paul Fafeita, President, Clean Water Coalition  
Judy Orcutt, Clean Water Coalition  
Jean Catchpole, Indian River Neighborhood Association  
The Chairman called for a recess at 10:55 a.m., and reconvened the meeting at  
11:08 a.m. with all members present.  
The item concluded with the following speaker:  
James Cannon, Intergovernmental Coordinator, St. Johns River Water  
Management District  
A motion was made by Commissioner Flescher, seconded by Chairman  
O'Bryan, to direct staff to work in conjunction with the Florida Oceanographic  
Society and Florida Tech on a project to identify the best locations in the  
Indian River Lagoon to plant seagrass, and secondarily to map out areas of  
deep muck for a future removal project. 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