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, May 17, 2022

9:00 AM

Commission Chambers

1. CALL TO ORDER

2. ROLL CALL

5 -

Present:

Chairman Peter O'Bryan

Vice Chairman Joe Earman

Commissioner Susan Adams

Commissioner Joseph Flescher

Commissioner Laura Moss

2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF

THE ARMED FORCES

2.B. INVOCATION

Pastor Richard Demsick, Freedom Church

3. PLEDGE OF ALLEGIANCE

Commissioner Laura Moss

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Added: Item 7.F. Information on visioning workshops for future land use strategies.

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

22-0405

5.A.

5.B.

5.C.

Presentation of Proclamation Honoring Stephanie Laughton Pooley on her Retirement

from the Indian River County Office of the Tax Collector

Recommended Action:

Read & Present

Attachments: Proclamation - Stephanie Laughton Pooley

Ms. Stephanie Laughton Pooley was joined by Carole Jean Jordan, Tax Collector,

Jeffery R. Smith, Clerk of the Circuit Court & Comptroller, and staff from the Tax

Collector's office. Also in attendance was former Tax Collector Karl Zimmermann.

Ms. Pooley stated she was honored to have served the public and thanked the Board

for the recognition.

Read and Presented by Chairman O'Bryan

22-0303

Presentation of Proclamation in Recognition of Memorial Day, 2022

Read and Present

Recommended Action:

Attachments: Proclamation

[Clerks note: this discussion was heard in conjunction with Item 10.B.1.]

Vice Chairman Earman read the Proclamation in recognition of Memorial Day, 2022.

Curtis Paulisin of Vietnam Veterans of Indian River County (VVIRC) thanked the

Board for the Proclamation and engaged in a brief discussion with Commissioner

Flescher regarding the importance of remembering those who paid the ultimate price

for our freedom.

Read and Presented Vice Chairman Earman

22-0331

Presentation of Proclamation Celebrating Florida's Emancipation Day Observance in

Indian River County on May 21, 2022

Recommended Action:

Read and Present

Attachments: Proclamation

Ms. Jonnie Mae Perry, CEO Gifford Historical Museum and Cultural Center, was

joined by representatives from the Florida African-American Heritage Preservation

Network (FAAHPN), the Indian River County Historical Society, and the Indian

River County African-American community. Ms. Perry thanked the Chairman and

each Commissioner for the recognition of Florida's Emancipation Day in Indian River

County on May 21, 2022. Also present to accept the Proclamation was Centenarian

Ms. Lenora Williams.

Read and Presented by Commissioner Moss

22-0352

5.D.

Presentation of Proclamation Recognizing the Week of May 15-21, 2022, as

National Police Week

Recommended Action:

Read and Present

Attachments: Proclamation

Indian River County Sheriff Eric Flowers thanked the Board for the Proclamation and

those who attended the annual Florida Memorial Ride and ceremony where fallen K9

officer Joker was remembered. He stated when the community takes time to say

thank you, it means a lot to the Deputies in the department.

Chairman O’Bryan remarked the ceremony was nice and the tribute to K9 Joker was

touching.

Commissioner Moss also commented she appreciated the reading of all the names of

the fallen.

Read and Presented by Commissioner Flescher

22-0398

5.E.

Presentation of Proclamation Designating The Week of May 23-30, 2022, as

National Beach Safety Week

Recommended Action:

Read and Present

Attachments: Proclamation

Beach Operations Supervisor Captain Johnathan Billings thanked the Board for the

Proclamation. Captain Billings discussed the Junior Lifeguard Program and introduced

Kameron Keaton who just completed his EMT training and has joined Ocean Rescue

as a full-time lifeguard. He responded to Commissioner Adams’s question, stating the

Junior Lifeguard Program starts at 9 years old and participants work their way

through the program. Ocean Rescue begins to recruit at 16 years old, and at 18

years old the applicants are able to join Ocean Rescue as a lifeguard. Captain Billings

mentioned there was a national lifeguard shortage and the public could learn more

about becoming a lifeguard at the North County or Gifford Aquatic Centers.

Read and Presented by Commissioner Adams

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

Commissioner O'Bryan acknowledged the following retirees and thanked them for

their service.

7.A.

7.B.

7.C.

7.D.

7.E.

Proclamation Honoring Nancy Wood on Her Retirement From Indian River County

Board of County Commissioners Department of Community Development / County

Planning Division with Twenty-One Years of Service

Attachments: Proclamation

No Action Taken or Required

Proclamation Honoring Earl Hardwick on His Retirement From Indian River County

Board of County Commissioners Department of Public Works / Road & Bridge

Division with Twenty-Eight Years of Service

Attachments: Proclamation

No Action Taken or Required

Proclamation Honoring Helena (Ann) Rankin on Her Retirement From Indian River

County Board of County Commissioners Human Resources Department with

Thirty-Four Years of Service

Attachments: Proclamation

No Action Taken or Required

Proclamation Honoring William Stevenson on His Retirement From Indian River

County Board of County Commissioners Department of Public Works / Road &

Bridge Division with Thirty-Three Years of Service

Attachments: Proclamation

No Action Taken or Required

Proclamation Honoring Dawn Wallis on Her Retirement From Indian River County

Board of County Commissioners Department of Community Development / Building

Division with Seventeen Years of Service

Attachments: Proclamation

No Action Taken or Required

7.F.

22-0426

Chairman Peter O'Bryan presented information on the visioning workshops for future

land use strategies being hosted by the Indian River County Metropolitan Planning

Organization.

Recommended Action:

Attachments:

No Action Required

IndianRiverWorkshops-Flyer-Revised-B

Chairman Peter O’Bryan announced the Indian River County Metropolitan Planning

Organization (MPO) was hosting a series of Visioning Workshops to gather the

community’s input on alternative future land-use strategies for the County. The

information on the location and time of the workshops could be found on the Indian

River County’s Website.

Chairman O’Bryan mentioned Larry Reisman, Community Editor and Columnist for

Treasure Coast Newspaper (TC Palm) had written several articles about the visioning

process and was hopeful it would generate public interest. He continued, Mr.

Reisman’s article also disparaged the County Planning Department staff and

suggested the County could collaborate with other City planners to reach the goals

residents want. Chairman O’Bryan strongly disagreed with the article and pointed out

planning failures in those cities Mr. Reisman had mentioned. Chairman O’Bryan

praised the IRC Planning Department for the hard work they have done.

County Administrator Jason Brown echoed Chairman O’Bryan’s praise for the IRC

Planning Department. He was hopeful the article would create more attendance at the

workshops, however he felt the criticism of County staff was unwarranted.

Commissioner Laura Moss stated she attended the Visioning Workshop in Sebastian

and thanked everyone who participated. She revealed not only does the IRC

Planning Department host the Visioning Workshops, they have also brought this

information to the high schools to involve and educate students.

Commissioner Susan Adams revisited Mr. Riesman's suggestion to collaborate with

other city planners and referenced the first workshop had presentations by the City of

Sebastian, and the City of Vero Beach. She continued, it was incumbent upon the

community to coordinate what County's future was going to look like, and to come

together to create a vision for moving forward.

Joseph Paladin, Chair of the Land Use Committee of the Indian River Neighborhood

Association (IRNA), remarked the new Urban Service Line Awareness Committee

(USLAC) would be comprised of people in various positions in the community

working together to help guide future growth in Indian River County.

Community Development Director Phil Matson thanked the Board on behalf of his

staff for the accolades. He stated staff was very dedicated and has worked hard for

the conservation of sensitive environmental land, affordable housing, a healthy

economy, and healthy agriculture.

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 amended, pulling Items 8.G, 8.H., and

8.K for discussion. The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0360

8.A.

Designation of Excess Equipment as Surplus and Authorization for Disposal

Recommended Action:

Staff recommends the Board approve the items on the Excess List for 051722 as

surplus, and authorize their disposal.

Attachments: Staff Report

Excess list for 051722

Approved staff's recommendation

22-0378

8.B.

First Extension and Second Amendment to Agreement for Annual Lift Station

Rehabilitation (Bid 2019047)

Recommended Action:

Staff recommends the Board approve the first extension and second amendment to

the agreement and authorize the Chairman to execute it after the County Attorney has

approved it as to form and legal sufficiency.

Attachments: Staff Report

First Extension and Second Amendment

Approved staff's recommendation

22-0379

8.C.

DiVosta Homes, LP’s Request for Final Plat Approval for Preserve at Waterway

Village POD “V” [PD-19-03-02 / 2004010124-90233]

Recommended Action:

Staff recommends that the Board of County Commissioners grant final plat approval

for The Preserve at Waterway Village POD “V”.

Attachments: Staff Report

Location Map

Final Plat Layout

Approved staff's recommendation

Request for Release of Conservation Easements in VeroLago Subdivision

22-0381

8.D.

Recommended Action:

Staff recommends that the Board, through adoption of the draft resolution, approve

release of the conservation easements described in the draft resolution.

Attachments: Staff Report

Map of Easements Proposed for Release/Recordation

Draft Resolution Releasing Easement

Draft County Resolution Attachments

Approved staff's recommendation and Resolution 2022-026, releasing

Conservation Easements on Lots 159 and 172, Vero Lago subdivision Phase 3;

and Lots 144 and 145, Vero Lago subdivision Phase 4.

22-0388

8.E.

Vero Beach Ranches, LLC’s Request for Final Plat Approval for Covington Run

Roadway Plat [SD-19-08-04 / 2018080006-87382] and Covington Run Affidavit of

Exemption [AOE-19-05-03 / 2018080006-83963]

Recommended Action:

Staff recommends that the Board of County Commissioners grant final approval of the

Covington Run Roadway Plat, and by a separate motion, staff recommends that the

Board of County Commissioners grant final approval of the Covington Run Affidavit

of Exemption.

Attachments: Staff Report

Location Map

Roadway Final Plat Graphic

AOE Graphic

Approved staff's recommendation

22-0389

8.F.

William H. Massagee, III and Lynn V. Massagee, Trustees of the Massagee

Revocable Trust Request for Approval of the Massagee Affidavit of Exemption

[AOE-21-07-02 / 2015030080-89610]

Recommended Action:

Staff recommends that the Board of County Commissioners accept the dedication of

the limited access easement and authorize the chairman to execute the subject

Affidavit of Exemption.

Attachments: Staff Report

Location Map

Affidavit of Exemption Layout

Approved staff's recommendation

22-0400

8.G.

Stormwater Summer Camp

Recommended Action:

Staff requests approval from the Board for Indian River County Stormwater to lead a

Summer Camp hosted by Pelican Island Audubon at the Audubon House

Attachments: Staff Report

[Clerks Note: This item was heard in conjunction with Item 8.H.]

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

Earman, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0386

8.H.

Summer Camp Partnership with The Learning Alliance

Recommended Action:

Staff requests approval from the Board to participate in the Moonshot Academy

Summer Program and authorizes the Chair to execute the MOU after review and

approval of the MOU by the County Attorney’s office

Attachments: Staff Report

Moonshot Academy / IRC Summer Program MOU

Chairman O’Bryan commented the Stormwater Summer Camp and Moonshot

Academy Summer Program, in partnership with the Learning Alliance, was a great

opportunity and commended Stormwater Educator, Alexis Peralta for leading the

camp. Ms. Peralta stated she was very excited to host the Stormwater Summer

Camp and gave thanks to The Pelican Island Audubon Society for providing their

facility and van.

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

Earman, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0401

8.I.

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 Underground Dist Facilities Install Agreement

FPL Underground Easement (Business)

Notice of FPL Faciilities (Form 360)

FPL Design for Overhead and Underground

Approved staff's recommendation

22-0402

8.J.

Amendment No. 2 to Work Order No. 27 - Kimley Horn and Associates, Inc., Dick

Bird Park Pickleball Complex, IRC-2204

Recommended Action:

Staff recommends approval of Amendment No. 2 to Work Order No. 27, with

Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in

Exhibit B in the amount of $20,200 and requests the Board of County Commissioners

authorize the Chairman to execute Amendment No. 2, Work Order No. 27.

Attachments: Staff Report

Amend 2 to WO 27, KHA

Approved staff's recommendation

22-0399

8.K.

Approval of Revised Agreement for Use of Facilities with Indian River County and

the School Board of Indian River County

Recommended Action:

Staff respectfully recommends the Indian River County Board of County

Commissioners accept the Agreement for Use of Facilities between the School Board

of Indian River County and Indian River County, Florida and authorize the Chairman

to execute the agreement after review by the County Attorney for legal sufficiency.

Attachments: Staff Report

Agreement for Use of Facilities

Vice Chairman Joe Earman stated his approval of a revised agreement between

Indian River County and the School Board of Indian River County as a great move to

allow for the shared use of facilities for softball, baseball, and other activities. He

encouraged Chairman O’Bryan or the County Administrator to draft a letter to allow

schools to open their playgrounds and open space for the public’s use after hours and

on weekends.

Assistant Superintendent of Student Affairs, Advocacy & Access, Eric Seymour,

stated safety was the primary goal at school facilities. He indicated the use of facilities

could create more opportunities not only for programs but for kids and students as

well. Chairman O’Bryan made a suggestion for Vice Chairman Earman to work with

Assistant Superintendent Seymour and County Attorney Dylan Reingold to draft a

letter supporting the public's use of school facilities and bring it back under an item for

approval in a future meeting.

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

22-0384

8.L.

Award of Bid 2022045 for Hallstrom Farmstead Revegetation

Recommended Action:

Staff recommends the Board Award bid 2022045 to Sandhill Environmental

Services, LLC, authorize the Chairman to sign the sample agreement after approval

by the County Attorney as to form and legal sufficiency, and authorize the Parks and

Recreation Division to coordinate with the contractor to maximize the plant coverage

possible under the bid and below the $75,000 not to exceed award.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

22-0385

8.M.

Award of Bid 2022033 for Round Island Beach Park Prefabricated Aluminum

Lifeguard Tower

Recommended Action:

Staff recommends the Board award bid 2022033 to Bausch Enterprises, Inc.,

approve the sample agreement, and authorize the Chairman to execute it, after review

and approval by the County Attorney, as to form an legal sufficiency. Staff further

recommends that the board authorize the Budget Office to make up any difference in

funded needed for the project through a future cash forward budget amendment.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

22-0387

10.A.1

Local Option Gas Tax Distribution Percentages (Legislative)

Recommended Action:

Staff recommends approval of the 2022/2023 revenue distribution percentages

Attachments: Staff Report

Code chapter 209.04

LOGT Chart-Spreadsheet

Public Hearing Advertisement

April 2022 Sample Letter to Municipalities

[Clerks note: this item was heard after 10.B.1]

Public Works Director Richard Szpyrka summarized the Local Option Gas Tax

Distribution Percentages for the following year 2022/2023, he noted Chapter 209 of

the Indian River County Code required the County to conduct a Public Hearing for

the distribution of the gas tax to the five (5) municipalities. The City of Sebastian

requested a discussion regarding the distribution rates. They were advised the

process involved changes to the Ordinance and they were past the point of having

any changes made for 2022/2023 revenue distribution.

Director Szpyrka responded to Commissioners Moss’ question as to the duration of

this approval, he stated it was for one year.

The Chairman opened the public hearing. There being no speakers, the Chairman

closed the public hearing.

County Administrator Jason Brown agreed to meet with the municipalities to

address their requests for future changes to the Ordinance.

A motion was made by Commissioner Adams, 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

22-0392

10.A.2

Consideration of a Proposed Land Development Regulation Amendment to

Section 930.07 to Require New Manufactured Homes within the Flood Hazard

Area, Coastal High-Hazard Areas, or Coastal A Zones to be Elevated One Foot

Above Base Flood Elevation (Legislative)

Recommended Action:

Staff recommends that the Board of County Commissioners adopt the proposed

manufactured home flood zone ordinance

Attachments: Staff Report

Draft Ordinance - 930.07 Clean Version

Public Works Director Richard Szpyrka asked for consideration to amend the

wording of Section 930.07 for the raising of manufactured mobile homes to be (1)

foot above the base flood elevation in flood hazard areas, coastal high-hazard

areas, or Coastal A Zones. He explained the change was needed to maintain

minimum prerequisite for participation in the National Flood Insurance Program's

Community Rating System (CRS).

The Chairman opened the public hearing. There being no speakers, the Chairman

closed the public hearing.

Director Szpyrka responded to Commissioner Flescher’s query that the

modification to the language meant elevating only the frame of the mobile home;

the earth beneath the home would not be altered. He commented staff had

reached a Class 5 CRS rating which meant a 5% reduction in insurance rates for

all City residents.

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

Earman, to adopt Ordinance 2022-006, amending sections 930.07 (review

criteria for all development projects) of Chapter 930 (stormwater

management and flood protection) of the code of Indian River County in

order to update requirements pertaining to manufactured homes; 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

22-0409

10.A.3

Children’s Services Advisory Committee Ordinance (Legislative)

Recommended Action:

The County Attorney’s Office recommends that the Chair open the public

hearing, take any public comment, close the public hearing and that the Board

vote to approve the revised draft ordinance.

Attachments: Staff Report

Children's Services Advisory Committee Ordinance

Pursuant to the Board's requested changes, County Attorney Dylan Reingold

commented staff had made the change to the Children’s Services Advisory

Committee portion of the Ordinance Code to include business experience as a

qualification for community members appointed by the Board, as well as increase in

the millage cap from 0.125 to 0.25.

A discussion ensued for clarification of Section 103.27 regarding children’s

services being economically and efficiently provided by the County. It was

determined the section stated the County may provide funding if the need was

there.

The Chairman opened the public hearing. There being no speakers, the Chairman

closed the public hearing.

A motion was made by Commissioner Adams, seconded by Chairman

O'Bryan, to adopt Ordinance 2022-007, amending Part II (Children’s Services

Advisory Committee) of Chapter 103 (Commissions and Boards) to update

various aspects of the Children’s Services Advisory Committee, including

membership, funding and distribution of funds; and providing for codification,

severability, repeal of conflicting provision; 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

22-0410

10.A.4

Irrigation Ordinance (Legislative)

Recommended Action:

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

County Commissioners open the public hearing, take any public input, close the

public hearing and vote to approve the revised draft ordinance.

Attachments: Staff Report

Model Updated Water Conservation Ordinance

Affidavit of Publication - Irrigation Ord.

County Attorney Dylan Reingold stated St. Johns River Water Management

District (SJRWMD) was presented with the recommended changes to the

Irrigation Ordinance the Board had discussed at their May 03, 2022 meeting.

SJRWMD staff did not support the wording change of ‘Daylight Saving

Time/Standard Time’, to ‘Months’, nor supported the definition of ‘new

landscaping’, and believed the changes exceeded the regulation requirements.

Attorney Reingold also stated additionally, as per the direction of the Board,

changes were made to the penalty provision.

The Chairman opened the public hearing. There being no speakers, the Chairman

closed the public hearing.

Commissioner Flescher sought and received confirmation from Attorney Reingold

that SJRWMD and their Attorney had given the green light on the Ordinance as

presented.

Chairman O’Bryan called upon Director of Utility Services, Sean Lieske to have

staff develop an educational brochure outlining the new irrigation landscape

schedule.

Commissioner Laura Moss stated she was in agreement with the Board with the

exception of the penalty provision.

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

Earman, to adopt Ordinance 2022-008, creating Chapter 319 (water

conservation ordinance for landscape irrigation) of the code of Indian River

County providing for local implementation of the water conservation rule for

landscape irrigation of the St Johns River Water Management District;

providing definitions; providing the landscape irrigation schedules; providing

exceptions to the landscape irrigation schedules; providing for waivers from

the specific day of the week limitations; providing for applicability of the

ordinance; providing for enforcement of the ordinance; providing for

penalties for violation of the Ordinance; providing for conflict and

severability; providing for codification; and providing for an effective date.

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. PUBLIC DISCUSSION ITEMS

22-0408

10.B.1

Request to Speak from Curtis Paulisin, Vietnam Veterans of Indian River County,

Inc. re: 2022 Mary Snyder Annual Golf Tournament

Recommended Action:

No action required

Attachments: Golf Tournament Flyer

[Clerks note: this Item was heard prior to Item 10.A.1]

Mr. Paulisin introduced Mary Ann Koenig, Editor; Vince McNally, Secretary for

VVIRC; Vic Diaz, Co-founder of VVIRC, to speak. Each demonstrated, through

personal experience, the importance of continued support for veterans. Mr. Diaz

mentioned how the Mary Snyder Annual Golf tournament had provided help over

the years to deliver the necessary assistance to the VietnamVeterans in Indian

River County and how the mission of VVIRC was to service those who beared

the cost of freedom. Mr. Paulisin thanked Assistant County Administrator Mike

Zito, Director of Golf Operations Bella Nagy, and the Board for their continued

support for the Mary Snyder Annual Golf Tournament scheduled for June 18,

2022.

No Action Taken or Required

C. PUBLIC NOTICE ITEMS

22-0380

10.C.1

Notice of Scheduled Public Hearing for a Proposed Farm Based Rum Distillery

(Agricultural Industry) with Associated Accessory Residential Units

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 notice into the record.

No Action Taken or Required

22-0383

10.C.2

Notice of Public Hearing Scheduled for June 7, 2022 Board Meeting for a

Rezoning from A-1, Agricultural-1 District to IG, General Industrial District

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 notice into the record.

No Action Taken or Required

22-0391

10.C.3

Public Notice of Public Hearing for June 7, 2022, for Ordinance Regarding the

Oslo Park Street Paving District MSBU

Attachments: Staff Report

County Attorney Dylan Reingold read the notice into the record.

No Action Taken or Required

22-0393

10.C.4

Notice of Scheduled Public Hearing for June 7, 2022: Fischer Right-of-Way

Abandonment

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 notice into the record.

No Action Taken or Required

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

G. Public Works

H. Utilities Services

13. COUNTY ATTORNEY MATTERS

22-0396

13.A.

Fire Station #13 - Removal of Fire Tower

Recommended Action:

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

Commissioners vote to approve the draft resolution.

Attachments: Staff Report - Fire Tower

Resolution for Fellsmere Fire Tower

County Attorney Dylan Reingold presented Resolution 2022-027 authorizing the fire

tower located at Fire Station 13 to be transferred to the City of Fellsmere in mid-June or

July. He noted staff would need additional time to deliver due to

procurement/permitting issues; once resolved the transfer to the City of Fellsmere

would be completed.

Vice Chairman Earman commented it was a sad day for 4th Street and 43rd Avenue

to not see the fire tower anymore, although it was good to keep the tower within the

County and a great addition to the City of Fellsmere.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve Resolution 2022-027, finding the sale of the Fire Tower at Fire

Station #13 to the City of Fellsmere is in the best interests of the citizens of Indian

River County, Florida. The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0411

13.B.

Settlement of Lease Interest for Parcel 132 Tenant B&B Farms, Inc. d/b/a

Countryside Citrus, 6555 81st Street

Recommended Action:

Staff recommends that the Board approve the proposed settlement of all claims and

costs of B&B Farms, Inc. d/b/a Countryside Citrus in this law suit in the amount of

$15,000 and authorize outside counsel to proceed with preparation and execution of

the necessary court documents needed to settle the case and conclude the law suit.

Attachments: Staff Report

Parcel 132 Sketch and Legal Description

Deputy County Attorney William DeBraal presented extinguishment of a leasehold

interest onthe portion of right-of-way Parcel 132 at 6555 81st Street. In 2021, 1.07

acres was purchased from the Van Antwerp Family Trust for the 66th Avenue

improvement project. The property was under a lease to B & B Farms, dba:

Countryside Citrus. He stated outside counsel had negotiated fifteen thousand dollars

($15,000) in a full and final settlement. He continued, B & B Farms had leased this

parcel in the past for their Annual Corn Maze and had requested the Board approve

an extended possession without compensation for use in the Fall of 2022.

A motion was made by Vice Chairman Earman, 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

22-0403

13.C.

Demolition Lien - 4470 31st Avenue

Recommended Action:

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

County Commissioners waive 90% of the accrued interest, so long as the lien and

10% of the outstanding interest for a total of $6,771.43 is paid within 60 days and

that once paid, the Board authorizes the Chairman to execute a release of the lien.

Attachments: Staff Report

County Attorney Dylan Reingold provided a brief history of the demolition lien for the

property at 4470 31st Avenue contained in his memorandum dated May 9, 2022.

He indicated the property taxes had been paid, the Code Enforcement Board had

reduced its lien, and the Utilities Department had agreed to a settlement of their lien

for the property located at 4470 31st Ave. He continued, to be consistent with the

recent demolition liens released by the Board, that the Board waive ninety percent

(90%) of the demolition lien left on this property after the accrued interest amount of

$6,771 was paid in full within the next 60 days.

A motion was made by Commissioner Adams, 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

22-0404

13.D.

Code Enforcement Board Appointment

Recommended Action:

The County Attorney recommends that the Board review the applicant’s application,

and determine whether to appoint him to fill the unexpired term for the “Architect” to

the Code Enforcement Board.

Attachments: Staff Report

Application Carlos L. Flores Blancaneaux

[Clerk's note: This item was heard prior to Item 10.C.1.]

County Attorney Dylan Reingold presented Carlos L. Flores-Blancaneaux’s

application for consideration to fill the unexpired term for the "Architect" to the Code

Enforcement Board. Mr. Flores-Blancaneaux spoke briefly about his 21 years of

practicing architecture and stated he felt honored to be appointed. Chairman O’Bryan

thanked him for volunteering to serve.

Commissioner Flescher thanked Mr. Flores-Blancaneaux for his commitment as it had

been a vacancy for some time.

Vice Chairman Earman mentioned he had heard great things about Mr.

Flores-Blancaneaux and was happy to have him on board.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to appoint Carlos L. Flores Blancaneaux as Architect member to the

Code Enforcement Board. The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0394

13.E.

County Attorney’s Annual Employment Agreement

Recommended Action:

The County Attorney recommends that the Board review the proposed agreement,

and decide whether to approve the agreement and authorize the Chairman to sign it.

Attachments: Staff Report

Contract (2022-2023)

County Attorney Dylan Reingold presented the County Attorney's Annual Employment

Agreement for the Board's consideration.

Chairman O'Bryan commended the work done by Attorney Reingold and staff.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the County Attorney's Annual Employment Agreement. The

motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss