Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
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, June 7, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
4 -  
Present:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
1 - Commissioner Laura Moss  
Excused:  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Pastor Chris Drinnon, Grace Baptist Church  
3. PLEDGE OF ALLEGIANCE  
County Administrator Jason Brown  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Moved: ESD Items 15.A.1, 15.A.2, and 15.A.3 to follow the Consent Agenda  
Moved: Item 12.A.1 to follow ESD Items  
Moved: Item 14.B.1 to follow 12.A.1  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Agenda as amended. The motion carried by the  
following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Excused:  
Commissioner Laura Moss appeared via Zoom, and Board discussion ensued  
whether to allow the Commissioner to vote on Agenda items via video conference.  
After receiving guidance from County Attorney Dylan Reingold, the Board agreed to  
allow Commissioner Moss to vote in light of extenuating circumstances, provided that  
the parties involved in the public hearings were also in acceptance of the  
Commissioner's remote vote.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve allowing Commissioner Moss to vote on Agenda items via  
video conference. The motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Excused:  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Presentation from Casey Lunceford of IRSC on the Fellsmere Inn Project  
No action required  
Recommended Action:  
Indian River State College (IRSC) Mueller Campus President Casey Lunceford  
appeared before the Board with an update to the Fellsmere Inn project, which he  
presented to the Board at the February 1, 2022 BCC meeting. He was disappointed  
to inform the Commissioners that IRSC could no longer partner in the Inn's  
redevelopment due to inflation, supply chain issues, and unsuitable timing.  
Chairman O'Bryan inquired whether the information already gathered could be passed  
along to a potential future partner in the project. Mr. Lunceford advised he would  
verify with IRSC counsel.  
No Action Taken or Required  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Regular Meeting Minutes of April 12, 2022, April 19, 2022,  
and May 3, 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  
6.A.  
Regular Meeting of April 12, 2022  
Approve  
Recommended Action:  
Approved  
6.B.  
Regular Meeting of April 19, 2022  
Approve  
Recommended Action:  
Approved  
6.C.  
Regular Meeting of May 3, 2022  
Approve  
Recommended Action:  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Proclamation Honoring Scott Newkirk on His Retirement From Indian River County  
Board of County Commissioners Department of Parks & Recreation with Fourteen  
Years of Service  
Attachments: Proclamation  
Chairman O'Bryan acknowledged Mr. Newkirk's retirement and commended his  
contributions to the County.  
The Chairman also announced that Beth Powell had been promoted to Director of  
Parks and Recreation.  
No Action Taken or Required  
7.B.  
Indian River County Venue Event Calendar Review  
Recommended Action:  
This is an informational item only; no Board action is required  
Chairman O'Bryan highlighted the following events from the calendar: flag football  
registration, movie night at the iG, music and cooking events at the Brackett library,  
and the Mary Snyder Veterans of Indian River County Golf Tournament.  
No Action Taken or Required  
7.C.  
City of Vero Beach Ordinance 2022-15, requested by Indian River Land Trust Inc.  
and Marc Rose and Dorothy Strunk, Co-Trustees of the Gator Group Land Trust  
Agreement to Voluntarily Annex Properties located at the Northeast and Southwest  
Corners of Indian River Boulevard and 37th Street, containing 42.36 Acres more or  
less.  
Recommended Action:  
Information Only  
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  
8.A.  
8.B.  
8.C.  
Checks and Electronic Payments April 15, 2022 to April 21, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period April 15, 2022 to April 21, 2022.  
Approved  
Checks and Electronic Payments April 22, 2022 to April 28, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period April 22, 2022 to April 28, 2022.  
Approved  
Checks and Electronic Payments April 29,2022 to May 5, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period April 29, 2022 to May 5, 2022  
Approved  
8.D.  
8.E.  
8.F.  
8.G.  
Checks and Electronic Payments for May 6, 2022 to May 12, 2022.  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period May 6, 2022 to May 12, 2022.  
Approved  
Checks and Electronic Payments for May 13, 2022 to May 19, 2022.  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period May 13, 2022 to May 19, 2022.  
Approved  
Checks and Electronic Payments for May 20, 2022 to May 26, 2022.  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period of May 20, 2022 to May 26, 2022.  
Approved  
Approval of a License Agreement with Vero Beach Foundation Indians Football and  
Cheer Corporation (a Florida Not for Profit Corporation) to provide Youth Tackle  
Football and Cheerleading Programming and Enrichment Programs at the Victor Hart  
Sr. Community Enhancement Complex located at 4715 43rd Avenue, Vero Beach,  
FL  
Recommended Action:  
Staff recommends the Indian River County Board of County Commissioners accept  
the Facility License Agreement with Vero Beach Foundation Indians Football and  
Cheer Corporation, and authorize the Chairman to execute the agreement after review  
by the County Attorney for legal sufficiency.  
Approved staff's recommendation  
8.H.  
Resolution Cancelling Taxes - Christine Ford  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolutions to cancel certain taxes upon the properties purchased by Indian River  
County for a public purpose, and the Clerk to send a certified copy of the Resolutions  
to the Tax Collector and the Property Appraiser so that any delinquent or current  
taxes can be cancelled.  
Attachments: Staff Report  
Approved Resolutions 2022-028 (Ford) and 2022-029 (Gagliano Trust), cancelling  
taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
8.I.  
On-Airport Lease and Aircraft Rescue and Firefighting (ARFF) Agreement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the revised On-Airport Lease and Aircraft Rescue  
and Firefighting (ARFF) Agreement retroactive to October 1, 2021.  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
Amendment 1 to Work Order No. AACE-1, Moorhen Marsh Low Energy Aquatic  
Plant System (LEAPS) IRC-2107  
Recommended Action:  
Staff recommends approval of Amendment No. 1 to Work Order No. AACE-1 with  
Andersen Andre Consulting Engineers, Inc. authorizing the professional services as  
outlined in the Scope of Work and authorize the Chairman to execute Amendment  
No. 1 to Work Order No. AACE-1 on their behalf for a Not-to-Exceed amount of  
$47,472.00.  
Attachments: Staff Report  
Approved staff's recommendation  
8.K.  
Approval of Amendment No. 3 - FDEP Grant Agreement No. S0839 for  
Construction of an Oyster Reef Along Foot Island in the Indian River Lagoon  
Recommended Action:  
Approve Amendment No. 3 to FDEP Grant Agreement No. S0839 and authorize the  
Chairman to execute it on behalf of the County.  
Attachments: Staff Report  
Approved staff's recommendation  
8.L.  
Amendment 2 to Work Order No. 3 for Bowman Consulting Group, Ltd., West  
Wabasso Septic to Sewer Phase 3B  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Amendment 2  
to Work Order No. 3 for Bowman Consulting, Inc., for a lump sum amount of  
$7,540 and authorize the Chairman to sign, upon approval  
Attachments: Staff Report  
Approved staff's recommendation  
8.M.  
Reclaimed Water Agreement between Indian River County and New Indian River  
Club Inc.  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the Reclaimed  
Water Agreement between Indian River County and the New Indian River Club, Inc.,  
and authorize the Chairman to sign on their behalf after review and approval by the  
County Attorney  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Indian River County Supervisor of Elections Chief Deputy Maureen Houssell re:  
Polling Place Update  
Recommended Action:  
Accept the Amended Voting Precinct List  
Indian River County Supervisor of Elections Chief Deputy Maureen Houssell  
appeared before the Board regarding changes to the list of polling locations which had  
been previously approved at the May 3, 2022 BCC meeting. Ms. Houssell informed  
the Board that Holy Cross Catholic Church would again serve as a polling location,  
and she sought the Board's approval of the revised list of polling places.  
Ms. Houssell confirmed for Chairman O'Bryan that the Supervisor of Elections Office  
would soon send out postcards advising voters of their precinct number and polling  
location.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to accept the Amended Voting Precinct List as presented. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
10.A.1  
Public Hearing Regarding Bhakta Farms, LLC’s Request for Major Site Plan and  
Special Exception Use Approval for a Farm Based Rum Distillery (Agricultural  
Industry) with Associated Accessory Residential Units [SP-SE-20-07-26 /  
2004020221-86955] (Quasi-Judicial)  
Recommended Action:  
Staff recommends that the BCC grant major site plan and special exception use  
approval for a farm based rum distillery (agricultural industry) with associated  
accessory residential units to be known as Bhakta Farms Distillery with the  
following conditions: 1. Prior to site plan release, the applicant shall obtain all  
required jurisdiction permits as listed on the site plan and verification of  
approval/concurrence of environmental impact to protected species from the  
USACOE, USFWS and FWC. 2. Prior to issuance of a project certificate of  
occupancy (C.O.) for each Phase, the applicant shall install all required landscape  
improvements as shown on the approved project landscape plan. The State Road  
60 landscape buffer will be required to be installed with the C.O. for Phase 1.  
Attachments: Staff Report  
Chairman O'Bryan introduced the parties for the proceeding as being Bhakta  
Farms, LLC (Applicant) and Indian River County. Each Commissioner, as  
requested by the Chairman, disclosed ex parte communications, site visits, or  
independent investigations. The Commissioners also affirmed that they have an  
open mind and can base their decisions on the evidence presented and the  
applicable law. The Deputy Clerk administered the Oath to all persons who  
wished to speak at the hearing. The Applicant's representative confirmed they  
would move forward with Commissioner Moss voting via video conference.  
The Chairman opened the public hearing.  
Ryan Sweeney, Chief of Current Development, utilized PowerPoint slides to  
review the Special Exception Use process and the Applicant's location, site plan,  
traffic and landscape plans. He noted that the Planning and Zoning Commission,  
at their April 28, 2022 meeting, recommended the Board grant major site plan  
and special use approval with conditions recommended by staff.  
Chief Counsel for the Applicant, Leo Gibson, appeared before the Board and  
shared Bhakta Farm's history, vision, and plans for their land. He discussed the  
craft spirits which were planned to be produced on-site, and explained that the  
guest cottages were for marketing purposes only.  
Chairman O'Bryan inquired whether the property would be open to the public for  
tours. Mr. Gibson advised there would be a tasting room with limited hours for  
public access, and confirmed the products would be labeled as produced in  
Indian River County.  
The Chairman opened the hearing to public comments.  
Joseph Paladin, Black Swan Consulting, spoke in support of the project.  
There being no further comments, the Chairman closed the public hearing.  
The Commissioners each in turn expressed their support for this project which  
honored the County's agricultural roots in an innovative way.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
10.A.2  
Public Hearing Regarding Henry Fischer’s Request for Abandonment of the  
North and West 12-foot-Wide Strips of Land Reserved for a Public Road that  
are Located Within the Bounds of the Property Located at 10105 Industrial Park  
Blvd [ROWA-21-09-01 / 2021060061-90141] (Legislative)  
Recommended Action:  
Staff recommends that the Board of County Commissioners abandon its rights to  
the subject portion of the subject right-of-way, and authorize the chairman to  
execute the attached abandonment resolution.  
Attachments: Staff Report  
Ryan Sweeney, Chief of Current Development, presented Henry Fischer's  
request for right-of-way (ROW) abandonment of two (2) 12-foot strips of land  
located at 10105 Industrial Park Boulevard. He detailed the County's due  
diligence to affirm the land was not part of any future planning.  
The Chairman opened the public hearing.  
Attorney Warren Dill, representing Mr. Fischer, described the research done to  
assess the purpose of the ROW, and requested abandonment after finding none.  
He also confirmed that he accepted Commissioner Moss' vote via video  
conference.  
Joseph Paladin, Black Swan Consulting, supported staff's recommendation.  
There being no further speakers, the Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve Resolution 2022-030, providing for the closing,  
abandonment, vacation and discontinuance of the north and west  
12-foot-wide strips of land reserved for a public road that are located within  
the bounds of the property located at 10105 Industrial Park Blvd within the  
City of Sebastian located in 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  
10.A.3  
Public Hearing to Consider a Resolution Electing to Use the Uniform Method for  
the Levy, Collection and Enforcement of Non-Ad Valorem Assessments for  
Street Paving in the Oslo Park Area - LEGISLATIVE  
Recommended Action:  
The County Attorney’s Office recommends that after the public hearing the Board  
vote to approve the draft ordinance or in the alternative direct staff to begin a  
special assessment project under Chapter 206 of the Indian River County  
Ordinance Code.  
Attachments: Staff Report  
County Attorney Dylan Reingold began with a recap of the progress made to  
pave streets in the Oslo Park neighborhood, including the initial direction from the  
Board on October 19, 2021, and approval of the Resolution which established  
the Municipal Service Benefit Unit (MSBU) on February 15, 2022. He noted  
that public input revealed a desire for a faster timeline than what a MSBU would  
provide, and in response staff suggested producing the street paving as a Special  
Assessment project under Chapter 206 of the County code.  
Chairman O'Bryan recounted discussion from the community informational  
meeting on April 4, 2022, where residents were presented with different  
scenarios, and expressed support for a faster timeline than what was presented.  
The Chairman supported staff's recommendation to fund the paving project as a  
special assessment which entailed a series of public hearings, and an estimated  
timeline of three (3) years to completion.  
Commissioner Adams sought and received clarification from County Attorney  
Dylan Reingold of the role of the already-established MSBU in combination with  
the special assessment process. County Administrator Jason Brown noted this  
was a different approach than past petition paving processes, and staff felt this  
path may be a better fit for this project.  
The Chairman reiterated that upon today's approval, the assessment would be set  
at zero until staff determined the actual design and construction costs which would  
take about a year. There would be a a public hearing before final assessment  
approval to ensure the actual costs were in line with the estimated $500 per  
property annually.  
The Chairman opened the public hearing. The following people spoke before the  </