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, March 1, 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  
Senior Minister Clive Delaporte, Unity Spiritual Center of Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Chairman Peter D. O'Bryan  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 14.B.1. Additional discussion regarding Chairman’s ABOVE &  
BEYOND Award  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, 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  
22-0156  
5.A.  
Presentation of Proclamation Honoring Chief Jamie Kevin Coleman on His  
Retirement From Indian River County Board of County Commissioners Department  
of Emergency Services / Fire Rescue Division  
Attachments: Proclamation Coleman  
Chief Jamie Kevin Coleman, who was joined by his wife and son, received the  
Proclamation and expressed gratitude for the honor; he closed remarks by advocating  
for the firefighter/paramedics still on the job. The Board and staff thanked the Chief  
for his years of service.  
Emergency Management Services Director Tad Stone presented a plaque to Chief  
Coleman and his wife in recognition of his service.  
Read and Presented by Vice Chairman Earman  
Presentation of the Chairman’s ABOVE & BEYOND Award  
Present  
22-0172  
5.B.  
Recommended Action:  
Attachments: Chairman's Memorandum  
Sue Flak, Recycling Education Coordinator, Solid Waste Disposal District, was  
presented with the first-ever Chairman's ABOVE & BEYOND Award for personally  
ensuring materials were recycled following a weekend festival. She was presented  
with some tokens of appreciation, as well as a homemade key lime pie from the  
Chairman's wife, Susan O'Bryan. Ms. Flak noted that she and her crew diverted 420  
pounds of aluminum from the landfill.  
The Chairman informed that the award was open to any employee whose efforts went  
above and beyond their duties in service of the County.  
[Clerk's Note: Discussion continued under Item 14.B.1.]  
Read and Presented by Chairman O'Bryan  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Regular Meeting Minutes of December 14, 2021 and  
January 11, 2022, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0167  
6.A.  
Regular Meeting of December 14, 2021  
Approve  
Recommended Action:  
Attachments: 12142021 BCC Draft  
Approved  
22-0169  
6.B.  
Regular Meeting of January 11, 2022  
Approve  
Recommended Action:  
Attachments: 01112022 BCC Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0141  
7.A.  
Indian River County Venue Event Calendar Review  
Informational item only; no Board action is required  
Recommended Action:  
Attachments: Event Calendar  
Chairman O'Bryan highlighted the start of youth baseball, the Senior Expo, the  
Firefighter's Fair and STEAM Fest.  
No Action Taken or Required  
22-0163  
7.B.  
City of Sebastian, Notice of Four (4) Voluntary Annexations: Ordinance No.  
O-21-14, 1.47 acre parcel located at 10105 Industrial Park Boulevard; Ordinance  
No. O-21-15, 19.58 acre parcel located at Yearling Trail and Shakespeare Street;  
Ordinance No. O-21-16, 6.17 acre parcel located at 10595 US Highway 1; and  
Ordinance No. O-21-17, 22 acre parcel located at US Highway 1 and the FEC  
Railroad. Copies of the adopting ordinances with maps and legal descriptions are on  
file in the Office of the Clerk to the Board.  
Recommended Action:  
Information Only  
Attachments: City of Sebastian Voluntary Annexations  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Consent Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0121  
8.A.  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments January 21, 2022 to January 27, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 21, 2022 to January 27, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0122  
Checks and Electronic Payments January 28, 2022 to February 3, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of January 28, 2022 to February 3, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0149  
Checks and Electronic Payments February 4, 2022 to February 10, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of February 4, 2022 to February 10, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0139  
Approval of Renewal of the 800 MHz Communications System Infrastructure  
Maintenance Contract with Communications International, Inc.  
Recommended Action:  
Staff recommends the Board approve the renewal of the 800MHz Communications  
System Master Service Agreement with Communication's International, Inc.  
Attachments: Staff Report  
Master Service Agreement  
Cost Summary  
CPI Letter  
Consumer Price Index  
Approved staff's recommendation  
22-0143  
8.E.  
North Sebastian Conservation Area - Request to Amend Florida Department of  
Environmental Protection Grant Award Agreement FCT Project No. 95-025-P56  
Recommended Action:  
Staff recommends the Board accept Amendment 1 to the Grant Award Agreement  
for the DEP Contract Number 97-CT-3A-95-56-J1-025; FCT Project Number  
#95-025-P56 for the North Sebastian Conservation Area and requests the Board to  
authorize the Chairman to execute the Grant Award Agreement Amendment No. 1 on  
their behalf upon approval by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Attachment A  
Approved staff's recommendation  
22-0154  
8.F.  
Authorization to Piggyback Modified Town of Jupiter Agreement with American  
Water Chemicals for Antiscalant  
Recommended Action:  
Staff recommends the Board authorize staff to continue to piggyback the Town of  
Jupiter contract W2105E for RO Antiscalant with American Water Chemicals, Inc.,  
at the increased rate.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0161  
8.G.  
Release of Retainage for Sector 3, Phase 1 Beach and Dune Restoration Project  
(IRC-1925)  
Recommended Action:  
Staff recommends release and payment of Contractor’s retainage in the amount of  
$599,490.16  
Attachments: Staff Report  
Application for Payment No. 1925-8  
Change Order No. 2  
Approved staff's recommendation  
22-0162  
8.H.  
Assignment of Architectural Agreement from Donadio and Associates, Architects  
P.A.  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the assignment of the  
County Agreement with Donadio and Associates, Architects P.A. to Spiezle  
Architectural Group, Inc. and authorize the Chairman to sign the assignment letter.  
Attachments: Staff Report  
Assignment Letter  
Approved staff's recommendation  
22-0164  
8.I.  
Class 8 Pre-requisite for CRS/ NFIP Participation  
Recommended Action:  
Staff recommends that the Board approve the Draft Ordinance to revise Section  
930.07 of Chapter 930 - Stormwater Management and Flood Protection and  
authorize staff to schedule the ordinance for the appropriate public hearings  
Attachments: Staff Report  
Draft Stormwater Management Ordiance  
Approved staff's recommendation  
22-0166  
8.J.  
Award of Bid #2022023 - North County Water Treatment Plant Supervisory  
Controls and Data Acquisition Improvements  
Recommended Action:  
Staff recommends that the Board of County Commissioners award Bid #2022023 to  
Paragon Electric of Vero, Inc., in the amount of $958,434.00, approve the draft  
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  
Draft Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
22-0150  
10.A.1.  
Public Hearing for Amendment to Section 100.03 “Amendment or Repeal of  
Ordinances” of Chapter 100 “General Provisions” of the Code of Indian River  
County, Codifying and Publishing the Ordinances to Readopt the Code up to and  
Including Supplement 141  
Recommended Action:  
Open the public hearing, take public comment, close the public hearing, and  
adopt the ordinance to codify and publish the ordinances published in The Code  
of Indian River County up to and including Supplement 141.  
Attachments: Staff Report  
annual code codification 2022  
County Attorney Dylan Reingold detailed the pertinent Florida Statutes which  
required the County to codify and publish its ordinances in The Code of Indian  
River County.  
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 2022-003, amending Section 100.03 “Amendment  
or Repeal of Ordinances” of Chapter 100 “General Provisions” of the Code of  
Indian River County (“the Code”), codifying and publishing the Ordinances up  
to and including Supplement 141 thereto, readopting the Code, designating  
the Code as the best evidence of the current law of Indian River County,  
Florida, and providing for severability, codification, 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  
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  
22-0159  
12.F.1.  
Budget Amendment 004 - TDC Recommended Sebastian River Area Chamber  
of Commerce Budget Increase  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget  
resolution amending the fiscal year 2021-22 budget.  
Attachments: Staff Report  
Resolution  
Exhibit "A"  
Director of Management and Budget Kristin Daniels informed that Budget  
Amendment 004 added the Tourist Development Council's approved funding to  
the Sebastian River Area Chamber of Commerce for an additional part-time staff  
member to respond to increased tourism.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-013, 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  
22-0155  
12.F.2.  
Rejection of Annual Bid 2022016 to Maintain and Operate the West Regional  
WWTF Wetlands Systems  
Recommended Action:  
Staff recommends the Board reject all bids submitted in response to Bid  
2022016.  
Attachments: Staff Report  
Purchasing Manager Jennifer Hyde provided information on the bids solicited for  
a maintenance and operation agreement for the West Regional Wastewater  
Treatment Facility Wetlands (Facility). Ms. Hyde explained that staff was  
concerned with impending changes to the requirements for the Facility's  
maintenance and operation from the Florida Department of Environmental  
Protection (FDEP); staff recommended not awarding the bid in anticipation of  
those changes. Ms. Hyde then went on to detail the protests filed against staff's  
decision, first from Florida Environmental Consulting, Inc., (FEC) and then from  
Ecotech Consultants, Inc. (Ecotech)  
Cindy Corrente, Interim Utility Director, added staff's rationale for handling the  
wetlands' maintenance in-house until the new permit requirements were received  
from FDEP, at which time the need to hire an outside vendor would be  
reevaluated. Chairman O'Bryan received confirmation from Ms. Corrente on the  
favorable past performance of FEC and Ecotech, both of whom had previously  
maintained the Facility.  
Commissioner O'Bryan then invited representatives from both vendors to address  
the Board regarding their protests. FEC president Tim Maslin referred to  
handouts given to the Board as he discussed FEC's past performance in an effort  
to retain the bid award. Attorney George Ord, Murphy Reid L.L.P., in  
representation of Ecotech, protested awarding the bid to FEC due to their lack of  
required experience and alleged performance issues.  
Under discussion with Commissioner Moss, County Administrator Jason Brown  
and Ms. Corrente explained the FDEP's permitting process, and defended the  
maintenance history of the Facility.  
Aaron Bowles, MBV Engineering, spoke in support of FEC. Chairman O'Bryan  
thanked Mr. Bowles, and explained the Utility Department was pursuing a policy  
change to the wetlands' maintenance.  
A motion was made by Commissioner Moss, 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  
22-0158  
12.F.3.  
CARES Act - Spending Plan Revisions  
Recommended Action:  
Staff recommends that the Board consider the proposed CARES Act  
reallocations, make any changes to the plan and adopt the proposed plan with any  
applicable changes.  
Attachments: Staff Report  
CARES Act Spending Plan  
Kristin Daniels, Director of Budget and Management, referred to staff's memo  
dated February 14, 2022, as she detailed the CARES Act Spending Plan  
reallocations which included transferring funds from the sunsetted Eviction  
Diversion Program (Program) to the County's Covid-related health care  
expenses, and technological maintenance items.  
Commissioner Moss raised concern for the Program's old applications still "in the  
pipeline". County Administrator Jason Brown detailed the reasons that the  
Program's administration was handed over to community partners after its sunset  
date of December 31, 2021. He also discussed the new housing assistance  
programs which needed staff's attention to implement. Administrator Brown  
added that all valid applicants had been helped, and the old applications on file  
did not qualify for the program for a variety of reasons.  
Community Development Director Phil Matson expanded on the success of the  
Program, and explained why it had reached the end of its effective lifespan. He  
also provided details of the County's new assistance programs for non-profit  
housing organizations and potential homeowners.  
Chairman O'Bryan received an update from Administrator Brown on the status of  
the County's vaccine incentive program.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
The Chairman called for a recess at 10:33 a.m., and reconvened the meeting at 10:45  
a.m., with all members present.  
G. Public Works  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
22-0151  
13.A.  
Attorney for Indian River County Code Enforcement Board  
Recommended Action:  
The County Attorney recommends that the Board approve the new contract with  
Attorney Jennifer D. Peshke and authorize the chairman to sign the legal services  
agreement.  
Attachments: Staff Report  
Agreement CEB  
County Attorney Dylan Reingold discussed changes to the contract for Code  
Enforcement Board Attorney Jennifer D. Peshke which included a rate increase, an  
alternate to serve in case of her absence, and clarification of duties.  
Vice Chairman Earman confirmed that Attorney Peshke's contract was consistent  
with the contract for the Value Adjustment Board Attorney.  
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  
22-0152  
13.B.  
Attorney for Indian River County Environmental Control Hearing Board  
Recommended Action:  
The County Attorney recommends that the Board approve the new contract with  
Attorney Jennifer D. Peshke and authorize the chairman to sign the legal services  
agreement.  
Attachments: Staff Report  
Agreement  
County Attorney Dylan Reingold informed that Attorney Jennifer D. Peshke also  
serves as counsel for the Environmental Control Hearing Board under a similar  
agreement to that of the Code Enforcement Board. He noted that contracts for both  
positions would have the same terms.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0171  
13.C.  
Children’s Services Dedicated Millage  
Recommended Action:  
The County Attorney’s Office recommends the Indian River County Board of County  
Commissioners direct staff to draft an ordinance amending Part II (Children’s  
Services Advisory Committee) of Chapter 103 (Commissioners and Boards) of the  
Indian River County Code of Ordinances (the “Code”) and bringing such draft  
ordinance back to the Board for review prior to scheduling a public hearing.  
Attachments: Staff Report  
Draft Ordinance  
County Attorney Dylan Reingold referred to staff's memo dated February 23, 2022,  
as he provided a recap of the events that led to the Children's Trust ordinance  
referendum proposal which would create a special dependent district with its own  
millage. He informed that the cities of Sebastian, Vero Beach, and Fellsmere voted to  
be a part of the Children's Trust; the towns of Indian River Shores and Orchid voted  
not to participate. Subsequently, Children's Trust representatives requested to  
withdraw placing a referendum on the November 2022 ballot, and instead move  
forward with ordinance changes to the existing Children's Services Advisory  
Committee (CSAC).  
Attorney Reingold provided Commissioner Moss with the clarification that a  
dependent special district retained oversight from the Board of County  
Commissioners. Commissioner Flescher requested additional information regarding  
the ordinance changes in light of current economic conditions, and to satisfy the  
opportunity for public input.  
Chairman O'Bryan indicated he would like to pursue the issue in two phases. The first  
would call for a motion on whether to withdraw the Children's Trust referendum from  
the ballot, and the second would be an in-depth discussion of the CSAC ordinance  
changes.  
The following people spoke in support of removing the Children's Trust referendum  
from the 2022 ballot, and expressed opinions on funding for Children's Services.  
Lisa Kale  
Ryan Blade  
Lamarre Notargiacomo  
Dee Lavendera  
Bob McPartland  
Doug DeMuth  
Rosemarie Wilson  
Jeffrey R. Smith, Clerk of the Court and Comptroller for Indian River County, spoke  
of his experience on the Children's Trust Exploratory Committee, and his first-hand  
knowledge of the return on investment that results from investing in children.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to withdraw the request to place a Children's Trust referendum on the  
November 2022 ballot. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
Chairman O'Bryan opened discussion with Commissioner Flescher's earlier request  
for additional information on the CSAC ordinance changes.  
County Attorney Reingold advised there were changes to the CSAC membership,  
use of funds, functions of the Executive Director, and staffing needs to provide more  
thorough oversight and results tracking. County Administrator Brown added that,  
regardless of the referendum, code changes were planned to improve oversight and  
accountability of expenditures. Commissioner Flescher expressed the need for  
additional in-person vetting of the agencies' programs. Administrator Brown  
reviewed the financial safeguards, and Clerk and Comptroller Smith expounded on  
the site evaluations done by the County's auditor; both stressed the importance of  
measuring outcomes of the funded programs.  
Commissioner Moss suggested having the top six (6) agencies present their programs  
before the Board in the name of transparency. Disagreement was expressed by other  
Board members, with Chairman O'Bryan advising that the Needs Assessment and  
Grant Review Subcommittees already received and analyzed that information;  
additionally, he noted the CSAC annual report provided detailed information on all  
the agencies which received funding.  
Commissioner Adams added to the discussion with a plea for empathy and greater  
community involvement, as well as the need for additional staff. Vice Chairman  
Earman requested greater flexibility in the millage rate to allow more responsiveness to  
CSAC's needs.  
Chairman O'Bryan turned to the draft Ordinance and proposed the following two (2)  
changes: the first was to include among the CSAC Advisory Board an appointee who  
had business experience; and the second was to raise the funding ceiling up to 1/4 mill  
to address the program's needs. The Chairman thanked everyone for their comments,  
and encouraged greater awareness of the state of children in the community.  
Administrator Brown closed by defending the oversight of CSAC's spending.  
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to  
direct staff to amend the existing Children's Services Advisory Committee's  
(CSAC) ordinance to include the appropriate items from the draft Children's Trust  
Ordinance, as well as expanding the make-up of the Advisory Board to include a  
person with business experience; and raising the millage rate ceiling to 0.250 of  
a mill. The County Attorney was instructed to set a public hearing for the  
adoption of the revised ordinance, as well as providing a plan to add more staff.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
B. Commissioner Joseph H. Earman, Vice Chairman  
14.B.1. 22-0191  
Discussion of ABOVE & BEYOND Award  
Recommended Action:  
Approve  
Vice Chairman Joe Earman suggested qualifications to establish the ABOVE &  
BEYOND award for all County employees, and requested naming the accolade  
in honor of Peter D. O'Bryan. Chairman O'Bryan supported efforts to recognize  
employees' contributions. County Administrator Jason Brown confirmed his  
support to establish the award in the Chairman's name.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to create an employee-recognition award to be named the Peter D.  
O’Bryan ABOVE & BEYOND Award for recognition of outstanding service  
outside the normal scope of an employee’s duty to benefit all of Indian River  
County. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:02 p.m.