Indian River County

Administration Complex

1801 27th Street, Building

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, April 19, 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

Chaplain Lou Tropf, IRC Jail

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph E. Flescher

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Addition 5.E. - Presentation by Joy Kokjohn from St. Johns River Water

Management District

A motion was made by Commissioner Moss, seconded by Commissioner

Flescher, 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

22-0237

5.A.

Presentation of Proclamation Honoring Pansey Jhagroo on Her Retirement From

Indian River County Board of County Commissioners Department of General

Services / Library Services Division with Twenty-one Years of Service

Attachments: Proclamation

Ms. Jhagroo’s son gave a touching tribute to his mother who was accompanied by

her husband and children.

Assistant County Administrator Mike Zito thanked Ms. Jhagroo for her dedicated

service and mentorship with library associates and stated she would be missed.

Read and presented by Chairman O'Bryan

22-0261

5.B.

Presentation of Proclamation Designating the Week of April 17 Through 23, 2022 As

National Volunteer Appreciation Week

Recommended Action:

Recommend Read and Present

Attachments: Proclamation

Indian River County Sheriff Eric Flowers stated he was honored to accept the

Proclamation and acknowledged it belonged to the entire community of volunteers

across Indian River County, he thanked the Board for the recognition.

Read and presented by Commissioner Flescher

22-0297

5.C.

Presentation of Proclamation Proclaiming the Month of April 2022 As "National

Alcohol Abuse Awareness Month" in Indian River County

Recommended Action:

Recommend Read and Present

Attachments: Proclamation

Elizabeth (Liz) Southers of Just Believe Recovery Center accepted the Proclamation

and briefly spoke about the public health issue of drug and alcohol abuse, and the

services offered at the Just Believe Recovery Center.

Read and presented by Commissioner Moss

22-0304

5.D.

Presentation of Proclamation Designating April 2022 as Water Conservation Month

Read & Present

Recommended Action:

Attachments: Proclamation - Water Conservation Month

Clay Coarsey, Division Director, St. Johns River Water Management District

(SJRWMD), commented Water Conservation month was a great time to collectively

think about the County's water usage. He believed the County could make a

difference in conservation, and appreciated the Proclamation as it brought awareness

to water usage.

Sean Lieske, Director of Utility Services, commented water conservation was critical

in order to extend the County's water resources and thanked the Commission for the

Proclamation.

Read and presented by Commissioner Adams

22-0319

5.E.

Presentation by Joy Kokjohn from St. Johns River Water Management District re:

Central Springs/East Coast Regional Water Supply Plan (2020-2040)

Joy Kokjohn, St. Johns River Water Management District (SJRWMD), Regional

Water Supply Planning Coordinator utilized a PowerPoint presentation to detail

information on the available water supply, projected water demands and needs,

projected growth, alternate water supply, and conservation. The Central Springs/East

Coast (CSEC) Regional Water Supply Plan (RWSP) area included all or part of six

counties in the SJRWMD - Volusia, Lake, Marion, Brevard, Indian River, and

Okeechobee counties. Identifying future water supply needs for a 20-year planning

horizon and providing project options to ensure sustainable supplies were covered.

The Commissioners entered into a discussion with Ms. Kokjohn and received

information regarding the water supply plan, the withdrawal effects on wetlands,

reclaimed water regulations, and utilization of reclaimed water. Ms. Kokjohn

continued with information on the plugging of and access to the wells, irrigation

conservation efforts, saline/chloride levels, and the decline in agricultural water use.

Indian River Neighborhood Association (IRNA) Executive Director Dan Lamson

read from a prepared statement which outlined water conservation as only one option,

and alternate water sources should also be considered. The IRNA requested more

local targeted data in order to formulate a plan. He thanked Ms. Kokjohn and

SJRWMD for their effort in compiling this report.

Presented

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

Chairman O'Bryan acknowledged the following retirees and thanked them for their

service.

22-0236

22-0242

22-0276

7.A.

7.B.

7.C.

7.D.

Proclamation Honoring Parvaneh Yagobi on Her Retirement From Indian River

County Board of County Commissioners Department of General Services / Library

Services Division with Twenty-one Years of Service

Attachments: Proclamation

No Action Taken or Required

Presentation of Proclamation Honoring Mark James Caster on His Retirement From

Indian River County Board of County Commissioners Department of Emergency

Services Fire Rescue Division with Twenty-Eight Years of Service

Attachments: Proclamation

No Action Taken or Required

Proclamation Honoring Charlotte Bowling on Her Retirement From Indian River

County Board of County Commissioners Department of Community Development /

Building Division with Thirty-one Years of Service

Attachments: Proclamation

No Action Taken or Required

22-0307

Indian River County Venue Event Calendar Review

Recommended Action:

This is an informational item only; no Board action is required.

Attachments: Event Calendar

Chairman O’Bryan mentioned the Indian River County Shooting Range had several

different safety and training programs, including classes for a concealed carry license.

He also pointed out other events on the calendar including, the Nautical Flea Market,

the Vero Beach Air Show, and the Candidate Debate for the County Commission

District 4.

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

22-0284

8.A.

Approval of a Public Transportation Grant Agreement (PTGA) Amendment with the

Florida Department of Transportation (FDOT) for a Section 5311 Grant

Recommended Action:

Staff recommends that the Board of County Commissioners approve the Public

Transportation Grant Agreement Amendment and adopt the resolution authorizing the

Chairman to sign the Amendment.

Attachments: Staff Report

Resolution

Agreement

Budget Form

Approved staff's recommendation and Resolution 2022-018, authorizing the

execution of a public transportation grant agreement amendment with the

Florida Department of Transportation (FDOT).

22-0293

8.B.

Amendment to Agreement for Annual Custodial Services with CER Signature

Cleaning

Recommended Action:

Staff recommends the Board approve the Amendment and authorize the Chairman to

execute it, after approval by the County Attorney as to form and legal sufficiency.

Attachments: Staff Report

First Amendment

Approved staff's recommendation

22-0294

8.C.

Award of Annual Bid 2022035 for Sod

Recommended Action:

Staff recommends the Board award Bid 2022035 to Gomez Brothers Contract

Services, Inc. and authorize the Purchasing Division to issue blanket purchase orders

for the period of April 19, 2022 through April 18, 2023 to the recommended bidder,

after receipt and approval of required insurance by Risk Management. Staff also

recommends the Board authorize the Purchasing Manager to renew this bid for two

(2) additional one (1) year periods subject to satisfactory performance, vendor

acceptance, and the determination that renewal of this annual bid is in the best interest

of Indian River County.

Attachments: Staff Report

Approved staff's recommendation

22-0295

8.D.

Award of Annual Bid for Street Sweeping Services (Bid 2022037)

Recommended Action:

Staff recommends the Board award Bid 2022037 to USA Services of Florida, LLC,

and authorize the Purchasing Division to issue blanket purchase orders for the period

of April 12, 2022 through April 11, 2023 to the recommended bidder, after receipt

and approval of required insurance by Risk Management. Staff also recommends the

Board authorize the Purchasing Manager to renew this bid for two (2) additional one

(1) year periods subject to satisfactory performance, vendor acceptance, and the

determination that renewal of this annual bid is in the best interest of Indian River

County.

Attachments: Staff Report

Approved staff's recommendation

22-0296

8.E.

Easement and Agreement for FPL Underground Distribution Facilities for Moorhen

Marsh Low Energy Aquatic Plant Systems (LEAPS) Headworks Structure

Recommended Action:

Staff recommends that the Board of County Commissioners approve the

Underground Distribution Facilities Installment Agreement, the Underground

Easement, and the Notice of FPL Facilities (Form 360) and authorize the Chairman

to execute all.

Attachments: Staff Report

FPL Installment Agreement

FPL Underground Easement (Business)

Notice of FPL Facilities (Form 360)

FPL Design for Commercial Lateral

Approved staff's recommendation

22-0301

8.F.

Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 22, Water

Distribution Model, Calibration, Evaluation and Flushing Plan

Recommended Action:

Staff recommends that the Board of County Commissioners approve the payment in

the amount of $4,509.35, which represents final payment of Work Order No. 22 to

Kimley-Horn & Associates, Inc.

Attachments: Staff Report

Invoice No 20959420

Approved staff's recommendation

22-0309

8.G.

Approval of a License Agreement with Indian River Sports Complex, Inc. (a Not for

Profit Florida Corporation) to provide Youth Baseball Programming and Enrichment

Programs at the Helen Hanson Park located at 8020 129th Court, Sebastian, FL

Recommended Action:

Staff respectfully recommends the Indian River County Board of County

Commissioners accept the attached License Agreement with Indian River Sports

Complex, Inc and authorize the Chairman to execute the agreement after review by

the County Attorney for legal sufficiency.

Attachments: Staff Report

IRSC License Agmt

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

22-0305

9.A.

Indian River County Sheriff Eric Flowers: FY 2022 LE Mental Health and Wellness

Act Program Grant

Attachments: Memorandum from Sheriff Flowers

Indian River County Sheriff Eric Flowers asked for the Board’s support in his

application for the FY2022 Law Enforcement Mental Health and Wellness Act

(LEMHWA) Program grant. Sheriff Flowers announced the Sheriff’s office had

developed a new program called Sheriff’s Traumatic Advocate Response (STAR)

Team. He stated the purpose of the team was to support the overall health and

wellness of agency personnel and connect them to support services including

professional counseling when warranted. The STAR Team would respond when

deputies were involved in critical incidents that may impact their emotional well-being.

He added, the grant would be used to support the STAR program and would provide

$175,000 over a two (2) year time frame, and would not require additional funds

from the County.

Vice Chairman Earman inquired whether or not the grant program was available to

Fire Rescue. Sheriff Flowers remarked it was currently specific to the Sheriff’s

Department, and stated he would be happy to meet with Fire Rescue to discuss the

process.

Sheriff Flowers responded to Chairman O’Bryan’s question about his intent after two

years. He stated the intent was to apply to renew the grant after the two (2) year time

frame, and to continue to get funding as long as he could. Chairman O’Bryan

commented on his understanding that some treatment program practices were

unconventional. Sheriff Flowers replied his legal department and the service providers

continued to have discussions to ensure their policies were consistent with his

department’s policies, practices, and procedures, and would not allow controversial

practices for his personnel from any service provider.

Commissioner Susan Adams encouraged Sheriff Flowers, as part of his information

gathering, to ask the potential service provider to make available their successful

outcome statistics. She continued, the County's local association partners were able

to demonstrate their successful outcomes.

County Administrator Jason Brown remarked the County took the mental health of

law enforcement officers and Fire Rescue very seriously. The County has worked

with the Employee Assistance Program (EAP), staff, and service providers on the

Fire Rescue side to ensure service providers were specialists in providing service to

first responders.

Commissioner Moss thanked Sheriff Flowers for being proactive in the health and

wellness within his agency.

A motion was made by Commissioner Flescher, seconded by Vice Chairman

Earman, to provide a letter signed by Chairman Peter O'Bryan in support of the

application for the Law Enforcement Mental Health and Wellness Act Program

Grant. 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

B. PUBLIC DISCUSSION ITEMS

22-0314

10.B.1.

Request to Speak from Walter C. Hurst and/or Shirley Nelson re: 2015

Demolition Lien on Property Address at 4470 31st Ave.

Attachments: Request to Speak - Hurst

Chairman O'Bryan explained to Shirley Nelson, realtor for Surfside Properties,

and representative for Walter C. Hurst, that it was the Board’s policy not to take

any action with items under Public Discussion. Ms. Nelson looked to get an

understanding of how Mr. Hurst could pay the fines to sell his property which had

thousands of dollars in fines and liens. Chairman O’Bryan suggested her best

course was to go before the Code Board and if Mr. Hurst was not satisfied, he

could then ask the Community Development Department to put it on their agenda.

Ms. Nelson went on to say, there was also a utility lien on the property and stated

Mr. Hurst was not aware he had a water or sewer bill for the property which had

now been accumulating for ten (10) years. Chairman O’Bryan suggested Ms.

Nelson speak with the Utilities Department in regard to the lien.

County Attorney Dylan Reingold added to the discussion as to how often clients

come forward to the County Attorney's office and Community Development

Department to receive a reduction of fine or lien and frequently claim they had

never received notice. He stated on this property, there was a demolition lien, a

Code Enforcement Board lien, a utility lien, and delinquent property taxes. He

pointed out ‘we never received notice’ excuse puts his office and the Community

Development Department in a difficult situation when negotiating on multiple

outstanding issues.

Chairman O’Bryan restated Ms. Nelson’s best course of action would be to meet

with the Utilities Department, the Code Enforcement Board, and the Tax

Collector to resolve the issues at hand.

No Action Taken or Required

C. PUBLIC NOTICE ITEMS

22-0310

10.C.1.

Public Notice of Public Hearing for May 3, 2022, for Ordinance Creating

Chapter 319 (Water Conservation Ordinance for Landscape Irrigation) of the

Indian River County Code of Ordinances

Attachments: Staff Report

County Attorney Dylan Reingold read the notice into the record.

No Action Taken or Required

22-0308

12.C.1.

Update on the Archie Smith Fish House - Ice House Demolition

Recommended Action:

Staff respectfully requests that the Board of County Commissioners provide

direction regarding how to proceed with the site as the public dock is not

accessible due to a lack of a railing system in the area where the Ice House was

previously located. Staff further requests direction as to the Main House structure

and its worsening state.

Attachments: Staff Report

Interim Director Parks and Recreation Beth Powell referred to staff's

memorandum dated April 12, 2022, which outlined the background on the Archie

Smith Fish House (site) since the County purchased the property in 2007. The

site included the Main House, a rebuilt overlook, and, until recently, the Ice

House. Ms. Powell utilized a PowerPoint presentation to provide a pictorial

overview of the condition of the site at the time of purchase and the current

condition of the structures. In December 2021 she had reported the concrete

floor of the Ice House collapsed, and the ensuing deterioration posed hazards to

the newly reconstructed dock and to spectators. Ms. Powell recounted an

emergency purchase order was issued on March 4, 2022, to demolish the Archie

Smith Ice House. However, the Main House continued to require stabilization

and further evaluation.

Interim Director Powell, in consultation with County Historian Ruth Stanbridge,

contemplated several options which included: 1) re-design and installation of a

reconstructed Ice House based on the Atelier plans; 2) install similar fall

rails/handrails along the length of the dock where the Ice House was located, and

install commemorative educational signage on the dock; 3) design and install an

alternate structure for public use, which may include a deck area with a covered

pavilion in the location of the Ice House, with commemorative educational

signage.

The Commissioners each engaged in discussion with Ms. Powell and expressed

their opinions, and concerns. The Board was in support of creating a public

amenity by extending the deck and rails, with picnic tables, educational kiosks,

and a kayak launch. They were also in favor of the open pavilion approach and

not building replicas of the previous structure.

Chairman O’Bryan sought information from Conservation Lands Program

Coordinator Wendy Swindell as to the reasonability to be able to permit an

extended dock including a shaded structure. Ms. Swindell stated the County

would not need to look at a site plan if the existing footprint where the ice house

existed was utilized.

A motion was made by Commissioner Flescher, seconded by Chairman

O'Bryan to move forward with the request for proposals for the dock and

picnic area at the Archie Smith Fish House and to return to the Board with

proposals. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,

Commissioner Flescher, and Commissioner Moss

D. Human Resources

E. Information Technology

F. Office of Management and Budget

22-0153

12.F.1.

Adoption of Updated Purchasing Manual

Recommended Action:

Staff recommends the Board note its concurrence with the changes approved by

the County Administrator.

Attachments: Staff Report

Proposed Changes to Purchasing Manual

Purchasing Manager Jennifer Hyde presented recent changes made to the

County's purchasing manual. She noted the proposed changes presented to the

Board and the public as a courtesy before she went on to highlight some of the

changes. She indicated the new manual would be posted on the County's website

for easy access.

Chairman O'Bryan had concern of the wording in the memorandum, with regard

to the lowest quote was expected to be selected. However, he was accepting of

the wording in section 2.3 of the purchasing manual itself.

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, 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

G. Public Works

H. Utilities Services

13. COUNTY ATTORNEY MATTERS

22-0311

13.A.

Administrative Policy AM 604.1 Amendment

Recommended Action:

The County Attorney’s Office recommends the Indian River County Board of County

Commissioners authorize the County Attorney’s Office to update the Administrative

Policy Manual to remove Sandridge Golf Club from Administrative Policy 604.1.

Attachments: Staff Report 604.1

County Attorney Dylan Reingold read Administrative Policy AM 604.1 which

addressed solicitation and distribution at the County Administrative Complex

property. The Attorney’s office recommended the policy be updated to include

Sandridge Golf Club, The County Shooting Range, and both the North County and

Gifford Aquatic Centers.

Chairman O'Bryan sought clarification on adding the Aquatic Centers to the policy

amendment as that information was not included in the backup. County Attorney

Reingold confirmed the Aquatic Centers would be included in the proposed wording

change.

A motion was made by Commissioner Flescher, seconded by Vice Chairman

Earman, to approve staff's recommendation to include the Gifford Aquatic and

North County Aquatic Centers. The motion with the modification carried by the

following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0312

13.B.

Town of Indian River Shores - City of Vero Beach Federal Litigation

Recommended Action:

The County Attorney’s Office recommends the Indian River County Board of County

Commissioners authorize the County Attorney’s Office to file papers with the federal

court reiterating that Indian River County does not have an interest in the matter.

Attachments: Staff Report

County Attorney Dylan Reingold discussed the Town of Indian River Shores (the

Town) and the City of Vero Beach lawsuit and stated the County had consistently

taken the position this matter was a dispute between the Town and the City. Although

the County Attorney’s Office was hesitant to interject at all in this proceeding, it was

also the desire of the County Attorney’s Office to avoid having the County included in

any lawsuit. He reiterated the County had no interest in this matter and would not be

taking any position with respect to any other arguments raised by either party in the

case. He further noted he was not aware of any contract negotiations for the County

to provide water services to the Town beginning in 2027, as The Town of Indian

River Shores had alleged.

Chairman O'Bryan reaffirmed the County did not want to be involved in this litigation,

but would abide by the judge's decision.

A motion was made by Vice Chairman Earman, seconded by Commissioner

Flescher to approve staff's recommendation. The motion carried by this 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

Appointment of Jeff Stassi as Alternate for TCRPC-CEDS Committee

Discussion

22-0313

14.A.1.

Recommended Action:

Attachments: Memorandum

Backup - Jeff Stassi Bio

Chairman Peter O'Bryan stated City of Vero Beach Council Member Honey

Minuse had strongly recommended Mr. Jeff Stassi to be appointed as a member

of the Comprehensive Economic Development Strategy (CEDS) committee, as

he would be a valuable member. He continued, all five Indian River County

appointments were filled, so the only way to add Mr. Stassi would be as an

alternate member for any of the five (5) appointees. The Treasure Coast Regional

Planning Council (TCRPC) staff had approved the addition of an alternate

member. He asked to have Mr. Stassi be appointed to the CEDS committee as

an alternate member.

Commissioner Moss sought information as to the reason an alternative was

needed. Chairman O’Bryan responded an alternate member was being selected

to ensure full representation while the Committee upgraded their 5 year plan.

Commissioner Adams was in favor of appointing an alternate as backup to the

CEDS Committee. Commissioner Moss received additional information from

Attorney Reingold regarding the regular process to approve a member to this

committee.

A motion was made by Commissioner Adams, seconded by Chairman

O'Bryan, to appoint Jeff Stassi as the Alternate for the Treasure Coast

Regional Planning Council Comprehensive Economic Development Strategy

Committee. The motion carried by the following vote:

4 -

Aye:

Nay:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and

Commissioner Flescher

1 - 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