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  
Board:  
Robert Wolff stated that since his property did not have access to 13th Street  
SW, he felt he should not have to pay the paving assessment. County Attorney  
Reingold stated he would look into the matter and received agreement from Mr.  
Wolff for a deed restriction or covenant regarding access.  
Barbara Ingram received additional information regarding the estimated costs as  
well as assurance that once the final assessment amount was approved at a public  
hearing, residents would not be charged more.  
Public Works Director Richard Szpyrka expressed confidence that the $5 million  
estimated total cost was based on realistic information, and indicators suggested  
fewer problems with material supplies. Commissioner Flescher also offered  
reassurance regarding the process.  
Rusty Gonzalez received confirmation that the special assessment process was the  
fastest and most cost-effective route to completion. County Administrator Brown  
spoke of staff's need to prioritize projects already under way.  
There being no further discussion, the Chairman closed the public hearing.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the County Attorney's Office recommendation to direct  
staff to begin a special assessment project under Chapter 206 of the Indian  
River County Ordinance Code. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
10.A.4  
Indian River County Board of County Commissioners and Kelly Stanton of  
Supermix Request to Rezone Approximately ±9.24 Acres from A-1,  
Agricultural-1 District (up to 1 unit/5 acres) to IG, General Industrial District  
[RZON2021090086-90882] [Quasi-Judicial]  
Recommended Action:  
Staff and the Planning and Zoning Commission recommends that the Board of  
County Commissioners approve this request to rezone the Subject Properties  
from A-1 to IG.  
Attachments: Staff Report  
Chairman O'Bryan introduced the parties for the proceeding as being Kelly  
Stanton (Applicant) of Supermix 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 Chairman opened the public hearing.  
Community Development Long Range Planner Chris Balter presented the request  
to rezone the property at 53rd Street and 29th Court from Agricultural-1 District  
(A-1) to General Industrial District (IG). Mr. Balter's presentation reviewed the  
purpose of the request, maps and zoning districts, analysis, concurrency, future  
land use policy, and environmental impacts. He noted that the Planning and  
Zoning Commission had approved the request at their April 28, 2022 meeting,  
and County staff concurred.  
Attorney Bruce Barkett was present on behalf of the Applicant, and confirmed  
acceptance of Commissioner Moss' vote via video conference.  
There being no further speakers, the Chairman closed the public hearing.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to adopt Ordinance 2022-009, amending the Zoning Ordinance and  
the accompanying zoning map for approximately ±9.24 acres located west of  
and adjacent to 29th Court, from A-1, Agricultural-1 District, to IG, General  
Industrial District; and providing codification, severability, and effective date.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
The Chairman called for a recess at 10:38 a.m., and reconvened the meeting at 10:50  
a.m. with all members present.  
B. PUBLIC DISCUSSION ITEMS  
10.B.1  
Request to Speak from Bill Rigby, West Wabasso Progressive Civic Club, re:  
Dasie Hope / WWPCC Lease Termination  
Recommended Action:  
No Action Required  
Bill Rigby, Vice President, West Wabasso Progressive Civic Club (Civic Club),  
addressed the Board's decision at their May 10, 2022 meeting to allow the  
Department of Health (DOH) to take over operations at the Old Douglass School  
facility (8445 64th Avenue) where the Civic Club, in conjunction with the Dasie  
Bridgewater Hope Center (Dasie Hope), had a long-standing lease with the  
County to utilize a portion of the building. In advance of transferring the site into  
a DOH facility, Dasie Hope had voluntarily terminated their lease with the County;  
subsequently the County terminated its lease with the Civic Club.  
Mr. Rigby took exception that his organization was not included in the DOH  
presentation, and expressed frustration surrounding the confusion regarding a  
similar-named organization. He referred to documentation of a long-standing  
history of the Civic Club being the “voice” of the Wabasso community, and their  
record of collaboration with the County. Mr. Rigby expressed dismay that the  
Board had not tabled the Agenda item in order to allow the Civic Club an  
opportunity to review DOH’s plan, and inform the residents of Wabasso as had  
historically been done.  
Mr. Rigby then turned to the issue of County’s decision to terminate the Civic  
Club’s lease. He cited portions of the agreement which the Civic Club interpreted  
differently than the County, and recounted that he was advised by counsel not to  
relinquish the lease as requested. He also noted the Civic Club’s objection to  
DOH’s policy which would now ban political events at the facility.  
In summation, Mr. Rigby requested that the Board let stand the Civic Club’s lease  
agreement allowing use of the site for their meetings, even in light of the May 10th  
Board decision. He explained that though there was a verbal agreement allowing  
the Civic Club’s continued use of the Old Douglass School, the organization felt  
they were not guaranteed continued usage without a written agreement.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
12.A.1  
Consideration of Lemnature AquaFarms USA, Inc's Request for a Local Jobs  
Grant  
Recommended Action:  
Staff and the Economic Development Council recommend that the Board of  
County Commissioners 1. Approve a local job grant of up to $200,000 for  
Lemnature AquaFarms USA, Inc with an effective date of May 17, 2022, and 2.  
Authorize the chairman to sign the Jobs Grant Agreement for Lemnature  
AquaFarms USA, Inc after approval of the agreement by appropriate county staff  
and the county attorney’s office (draft agreement attached).  
Attachments: Staff Report  
[Clerk's Note: This Item was heard following Item 15.B.3]  
Community Development Director Phil Matson introduced John Stoll, Chief of  
Long Range Planning, who presented information regarding Lemnature  
AquaFarms USA, Inc.'s (Lemnature) application for a local jobs grant from the  
Indian River County Economic Development Council (EDC). Utilizing  
PowerPoint slides, Mr. Stoll reviewed the grant program's parameters and  
informed that the applicant projected the creation of more than 45 jobs for a grant  
total of $200,000. He added that the EDC, at their May 17, 2022 meeting,  
recommended the Board approve Lemnature's Local Job Grant application.  
Director Matson thanked the manufacturer for choosing Indian River County, and  
noted that the future of agriculture in the County lay in the innovation of new  
projects.  
Chairman O'Bryan pointed out that the grant had an effective date of May 17,  
2022 in order to capture pending hires from Lemnature.  
Frank Jimenez, CEO, Lemnature AquaFarms (formerly Parabel Nutrition),  
expressed the grant would be helpful as his company ramped up production, and  
thanked the Board for their consideration.  
Chairman O'Bryan informed that the job grants were retroactive and performance  
based; the County would start awarding funds after one year of employment.  
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  
B. Emergency Services  
C. General Services  
D. Human Resources  
12.D.1  
Group Insurance Recommendations for Plan Year 2022/23  
Recommended Action:  
Staff recommends and respectfully requests the Board of County Commissioners  
approve, effective with the plan year beginning October 1, 2022, the ASO fee  
proposal from Florida Blue for a four (4) year agreement through September 30,  
2026 resulting in a reduced ASO fee of $49.55 per member per month to include  
the Telemedicine (Teledoc) benefit, a $75K wellness contribution upon approval  
of the agreement, a $50K wellness contribution annually each October; Option 3  
renewal with Mutual of Omaha for Life Insurance, Voluntary Long Term  
Disability (LTD), the addition of Voluntary Short Term Disability (STD) and  
Worksite Benefits (Accident and Critical Illness Plans) in place of future offerings  
of AFLAC individual benefits, and continuation of other benefit offerings to  
include Medical, Pharmacy, Health Advocacy, Dental, Vision, Flexible Spending,  
Employee Assistance Program, and Diabetes Management Program; and  
authorizing the Board Chair to execute necessary documents after review and  
approval by the County Attorney for legal sufficiency.  
Human Resources Director Suzanne Boyll appeared before the Board with the  
employee group insurance recommendations for Plan Year 2022/23. She referred  
to staff's memo dated May 23, 2022, which detailed the agreements that staff and  
the County's benefits consultant, Lockton Companies, were able to secure which  
included: no rate increase for employees; a reduction in administrative fees;  
additional wellness credits; new group policies from Mutual of Omaha for Short  
Term Disability and worksite benefits. Director Boyll summarized that the  
recommendations would result in a $62,000 reduction in costs, and an increase to  
the wellness fund.  
Chairman O'Bryan received confirmation that the County's rates had not  
increased because of a favorable claims history. Ms. Boyll noted that it was  
difficult to quantify the reasons for fewer claims, but it was the County's  
commitment to improve the health of all employees with targeted assistance such  
as the diabetes management program.  
Vice Chairman Earman received confirmation that employees could continue with  
their existing Aflac plan rather than change to Mutual of Omaha. Chairman  
O'Bryan received additional information regarding post-retirement insurance  
options.  
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  
E. Information Technology  
12.E.1  
Admin to EOC Fiber Procurement  
Recommended Action:  
Staff recommends that the Board authorize the advance procurement of a master  
reel of Corning 144 stand single-mode fiber. Staff further recommends that the  
Board waive the requirement for bids and authorize the Purchasing Division to  
issue a Purchase Order to Gerelcom Inc., in the amount of $121, 394.00.  
Attachments: Staff Report  
Information Technology Director Dan Russell sought the Board's approval to  
procure a master reel of fiber optic cable from one of the County's suppliers. Mr.  
Russell advised that the material would be used to expand the County's fiber  
network and fulfill an upcoming directive to provide the Sheriff's office with access  
to the County's traffic camera system. He added that staff recommended taking  
advantage of this opportunity in advance of the County's need as the fiber optic  
material typically had a lead time of 52 weeks.  
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  
F. Office of Management and Budget  
12.F.1  
Tourist Development Council 2022/2023 Budget Recommendations  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the funding  
amounts recommended in Table 3 for a total allocation of $1,426,064 and  
authorize the County Attorney to prepare standard grant agreements for all  
funding recipients.  
Attachments: Staff Report  
Kristin Daniels, Management and Budget Director, presented the Tourist  
Development Council's (TDC) Budget Recommendations for fiscal year  
2022/2023. Ms. Daniels reported that Tourist Tax revenue had exceeded budget  
estimates and staff recommended a TDC budget increase of 31% for a total of  
$1.4 million available for distribution. She noted that the County's Outside Agency  
Funding Policy prevented the TDC from awarding funds to municipalities, and so  
the City of Vero Beach's request had not been included in any of the  
recommendations.  
Ms. Daniels first displayed the TDC funding recommendations (Table 2),  
approved at their May 11, 2022 meeting, which incurred a budget overage of  
almost $18,000 to be pulled from the TDC's reserves. Staff proposed alternate  
recommendations (Table 3) for a balanced budget based on the TDC's ranking  
process under which the lowest ranked agency, Coastal Connections, would not  
receive any funding, and the Cultural Council would receive less than they had  
requested. Staff proposed maintaining the Contingency Reserve, and also  
retaining 10% of budgeted revenues as a hedge against a possible downturn in tax  
revenue.  
Janet Begley, Cultural Council Finance Manager, clarified that their request for  
additional funds was earmarked to assist the Gifford Cultural Center by passing  
through money for a fundraising event, and she further explained the connection  
between the two organizations.  
Commissioner Adams favored staff's recommendation which adhered to the  
TDC's funding policy, and suggested the Gifford Cultural Center could return to  
request funds from the Contingency Reserve. Discussion ensued with  
Commissioners Flescher and Moss advocating for use of the contingency fund to  
cover all agencies' requests; Chairman O'Bryan suggested an alternate distribution  
of funds. Ms. Begley provided additional information to Vice Chairman Earman  
on the Cultural Council's request to secure money on the Gifford Cultural Center's  
behalf. County Administrator Jason Brown commented in favor of holding to a  
balanced budget.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Tourist Development Council's recommendation to fully  
fund all of the agencies requesting a share of Tourist Tax revenue by using  
money from reserves to cover the budget overage. The motion failed by the  
following vote:  
2 - Commissioner Flescher, and Commissioner Moss  
Aye:  
Nay:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Adams  
Discussion resumed with Commissioner Adams' motion to approve staff's  
recommendation with the modification to allow the Gifford Cultural Center to  
return with a request for special project funds if needed.  
Chairman O'Bryan summarized that under Commissioner Adams' motion, Coastal  
Connections would not receive any funding, and the Cultural Council would  
receive $5,000 which was a smaller increase than they had requested.  
Commissioner Moss requested amending the motion to include funding for  
Coastal Connections. Commissioner Adams declined to amend her motion, and  
mentioned several other funding sources which may be more appropriate for  
Coastal Connections.  
A motion was made by Commissioner Adams, seconded by Chairman  
O'Bryan, to approve staff's recommendation with the caveat that the Gifford  
Cultural Center could return to either the Tourist Development Council or the  
Board of County Commissioners to request money from the Contingency  
Reserve Account for a special fundraising project. 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  
12.G.1  
Completion of April/May 2022 Derelict Vessel Removal  
Recommended Action:  
There is no BCC action needed under this Derelict Vessel Project update  
Attachments: Staff Report  
Public Works Director Richard Szpyrka introduced Melissa Meisenburg, Lagoon  
Plan Environmental Specialist, who reviewed the removal process for derelict  
vessels left in the Indian River Lagoon. Utilizing a PowerPoint presentation, Ms.  
Meisenburg discussed "at-risk" versus "derelict" vessel status, the process to  
remove a derelict vessel, impacts to the environment, available grant programs,  
and a recap of all the boats removed to date.  
Commissioner Moss received the information that it usually took 72 hours to  
move a vessel from "at-risk" to "derelict", but could take longer depending on  
efforts to find the owner.  
Chairman O'Bryan inquired how often Florida Fish and Wildlife (FWC) officers  
were monitoring for derelict boats. Ms. Meisenburg advised that it could take up  
to three to four weeks for FWC to release a boat for removal. The Chairman  
noted he knew of derelict vessels that he would like investigated for removal.  
Vice Chairman Earman added that Code Enforcement was also given authority to  
identify derelict vessels, though approval would still have to be obtained by FWC.  
No Action Taken or Required  
12.G.2  
Work Order No. 51 - Kimley-Horn and Associates, Inc., Aviation Boulevard  
Extension - Alternative Alignment Study (IRC-1761)  
Recommended Action:  
Staff recommends approval of Work Order No. 51 to Kimley-Horn and  
Associates, Inc., authorizing the professional services as outlined in the Scope of  
Services and requests the Board authorize the Chairman to execute Work Order  
No. 51 on their behalf for a lump sum amount of $262,055.00.  
Attachments: Staff Report  
Public Works Director Richard Szpyrka presented a recommendation for an  
Alternate Alignment Study for the extension of Aviation Boulevard from US1 to  
36th Street. He advised that original plan to widen 37th street to four (4) lanes  
was cost prohibitive, so the County's engineer, Kimley-Horn and Associates,  
recommended looking at a different approach. Director Szpyrka recounted all  
the considerations involved in planning to create a corridor for future access to the  
Cleveland Clinic Indian River Hospital.  
Chairman O'Bryan inquired whether the study included planning for another  
medical node west of town to avoid increased traffic onto 37th street. Director  
Szpyrka advised that it did not, but that the plan did include 7-foot-wide bike  
lanes.  
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  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Counteroffer for a Parcel of Right-Of-Way Located at 8055 66th Avenue, Vero  
Beach, FL 32967 Parcel 130 Owned by Robert and Mary Grace Sexton  
Recommended Action:  
Staff recommends the Board approve the counteroffer to purchase the necessary  
right-of-way from the Sextons at a price of $50,000 and authorize the County  
Attorney’s Office or outside counsel to execute any documents needed to settle the  
lawsuit.  
Attachments: Staff Report  
Deputy County Attorney Bill DeBraal recounted that on February 4, 2022, the Board  
approved extending an unconditional offer of $40,000 to the Sextons for .40 of an  
acre needed for right-of-way in the 66th Avenue widening project between 77th and  
81st Streets. Attorney DeBraal continued, the County filed suit for eminent domain  
while still continuing to negotiate with the Sextons, and a counteroffer of $50,000 was  
made to include the cost to replace a fence. Staff recommended accepting the  
counteroffer and noted that no attorneys or expert witnesses had been hired.  
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  
13.B.  
Acquisition of Right-Of-Way from Venda Burgess for 58th Avenue/33rd Street  
Intersection Improvements - 3335 58th Avenue  
Recommended Action:  
Staff recommends the Board approve the Agreement to Purchase and Sell Real  
Estate for Ms. Burgess’ property and authorize the Chairman to execute the  
document on behalf of the Board.  
Attachments: Staff Report  
Deputy County Attorney Bill DeBraal presented a proposed agreement to purchase  
the property owned by Ms. Venda Burgess at 3333 58th Avenue in advance of the  
improvements planned for that intersection. Additionally, Attorney DeBraal noted that  
the old Dodger Pines site was planned for redevelopment, and he advised it would be  
in the County's best interest to secure right-of-way at the intersection of 58th Avenue  
and 33rd Street in anticipation of future needs. The only concession, he added, was  
that Ms. Burgess requested a one-year extended possession to allow her time to find  
a new home.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, 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  
The Chairman called for a recess at 12:41 p.m., and reconvened at 12:47 p.m. with  
all members present.  
13.C.  
Community Development Districts  
Recommended Action:  
The County Attorney’s Office recommends the Indian River County Board of County  
Commissioners adopt the Indian River County Community Development District  
Guidelines and establish an application fee of $15,000 consistent with section  
190.005, Florida Statutes.  
Attachments: Staff Report  
County Attorney Dylan Reingold referred to staff's memorandum dated May 25,  
2022 as he provided a history of events in the process to establish parameters for  
Community Development Districts (CDD). He also reviewed the key points in the  
staff-recommended guidelines which were included in staff's memo. County Attorney  
Reingold requested the Board's consideration on establishing an application fee for  
CDDs.  
Richard Bialosky, Architect, suggested setting a minimum number of 500 units as part  
of the CDD parameters.  
Andrew Kennedy thanked staff for their work.  
Under discussion, County Attorney Reingold agreed with Chairman O'Bryan's  
suggestion to modify phrasing to ensure that "significant public benefit" improvements  
would be available to the public at large, not just residents of the CDD. The Chairman  
received confirmation that the County could utilize developer agreements to request  
improvements above and beyond general requirements for developments under 500  
acres. County Administrator Jason Brown added that there was conditionally  
flexibility in the 500 acre requirement.  
Commissioner Moss, via teleconference, received confirmation from County Attorney  
Reingold that CDDs were governmental entities with the power to levy taxes and  
enter into lawsuits. The Commissioner stated her concerns regarding legal matters and  
increased development. Commissioner Flescher expressed support with the inclusion  
of Chairman O'Bryan's suggested modification. Vice Chairman Earman received  
confirmation that developments which were close to, but under, the 500 acre  
requirement would still have the opportunity to appear before the Board which could  
grant an exception.  
Chairman O'Bryan added that an email had been received from developer Chuck  
Mechling in support of the item.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve staff's recommendation and include the suggested  
modification to Section 4 of the Community Development District Guidelines. The  
motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
14.A.1  
Request for Board to give direction to staff to work with City of Vero Beach  
(COVB) and Town of Indian River Shores (IRS) on establishing “Anchoring  
Limitation Areas” in the Indian River Lagoon.  
Recommended Action:  
Discussion & Staff Direction  
Chairman O'Bryan requested the Board's support to direct staff to apply for an  
Anchoring Limitation Area (ALA) which would limit live-aboard boaters to a  
maximum of 45 days every 6 months within a specified area of the lagoon. He  
noted that the ALA would require coordination with the City of Vero Beach and  
the Town of Indian River Shores, both of which supported the idea.  
A motion was made by Commissioner Flescher, seconded by Chairman  
O'Bryan, to approve directing staff to work with the City of Vero Beach and  
the Town of Indian River Shores to establish Anchoring Limitation Areas in  
the Indian River Lagoon. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
B. Commissioner Joseph H. Earman, Vice Chairman  
14.B.1  
Discussion on Letter Proposing Public Use of School District of Indian River  
County Recreational Facilities  
Recommended Action:  
Discuss  
Vice Chairman Earman referenced the agreement between the County and the  
School District of Indian River County (SDIRC) to share facilities, which was  
approved at the May 17, 2022 BCC meeting. At that meeting, the Board also  
agreed to draft a letter to the SDIRC requesting that public school playgrounds  
and green spaces remain open to the public for use after school hours and on  
weekends. The Vice Chairman requested the Board's approval of the draft letter.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve sending the Chairman's letter to the School Board in  
support of opening up school recreational facilities to the public after school  
and during the weekends. 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  
The Board of County Commissioners reconvened as the Board of Commissioners of  
the Emergency Services District. The minutes will be approved at an upcoming ESD  
meeting.  
A. Emergency Services District  
[Clerk's Note: Emergency Services District items were heard following the  
Consent Agenda.]  
Approval of ESD Minutes Meeting of February 1, 2022  
Approve  
15.A.1  
Recommended Action:  
Approved  
15.A.2  
Approval of ESD Meeting Minutes of February 15, 2022  
Approve  
Recommended Action:  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the ESD meeting minutes of February 1, 2022, and  
February 15, 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  
15.A.3  
Disposal of County Asset #20110, Fire Safety House  
Recommended Action:  
Staff recommends the Board approve the transfer of title to the Vero Beach  
Firefighters Association and authorize removal of asset #20110 from inventory.  
Attachments: Staff Report ESD  
Department of Emergency Services Chief Tad Stone recounted the history of the  
Fire Safety House, as detailed in staff's memorandum dated May 17, 2022. He  
sought the Board's approval to transfer the structure's title to the Vero Beach  
Firefighters Association.  
Vice Chairman Earman recalled that the Fire Safety House taught many children  
the rules of fire safety.  
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  
The Board of Commissioners adjourned the meeting of the Emergency Services  
District and reconvened as the Board of County Commissioners, continuing with Item  
12.A.1.  
B. Solid Waste Disposal District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Solid Waste Disposal District. The minutes will be approved at an  
upcoming Solid Waste Disposal District meeting.  
15.B.1  
Approval of SWDD Meeting Minutes of May 3, 2022  
Approve  
Recommended Action:  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the SWDD meeting minutes of 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  
15.B.2  
Site Access Agreement with Indian River Sustainability Center  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that the Board: a)  
Approve the Site Access Agreement between SWDD and Indian River  
Sustainability Center, LLC., b) Authorize the Chairman to execute the same, as  
presented; and, c) Authorize the County Attorney’s Office to record the executed  
easement  
Attachments: Staff Report  
There was no discussion regarding this item.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, 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  
15.B.3  
Final Pay to Geosyntec for Work Order No. 8 - IRC Groundwater Compliance  
Technical Support Services  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve  
Geosyntec Consultants, Inc.’s final invoice amount of $2,383.00  
Attachments: Staff Report  
There was no discussion regarding this item.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, 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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 1:11 p.m.