Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
www.ircgov.com  
Board of County Commissioners  
Peter O'Bryan, Chairman, District 4  
Joseph H. Earman, Vice Chairman, District 3  
Susan Adams, District 1  
Joseph Flescher, District 2  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, June 21, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Pastor Randy Bryant, Ryanwood Fellowship Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman, Vice Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Move: Item 15.A.1 to follow Item 8 Consent Agenda.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Moss, to approve the Agenda as amended. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
22-0430  
5.A.  
Presentation of Proclamation Honoring Frank LoMonaco on his Retirement from the  
Indian River County Sheriff's Office  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Prior to reading the Proclamation, Commissioner Flescher reflected on his time spent  
working with Frank LoMonaco. He thanked Mr. LoMonaco for his professionalism,  
dedication, and his continued commitment to the inmates at the correctional facility.  
Indian River County Sheriff Eric Flowers thanked Mr. LoMonaco for his 30 years  
serving the community and was grateful for him and his family who devoted their lives  
to public service. Sheriff Flowers stated Mr. LoMonaco would be honorarily  
promoted to Captain.  
Read and presented by Commissioner Flescher  
22-0504  
5.B.  
Presentation of Proclamation Honoring Lori Bloom on Her Retirement from the Office  
of the Indian River County Tax Collector with 33 Years of Service  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
[Clerks note: this Item was heard following Item 10.C.1]  
Ms. Lori Bloom stated she was honored to have served the public and thanked the  
Board for the recognition. Ms. Bloom was joined by her family and staff from the Tax  
Collector's office. Carole Jean Jordan, Tax Collector, Jeffery R. Smith, Clerk of the  
Circuit Court & Comptroller, and Commissioner Flescher, each reflected on Ms.  
Bloom’s dedication to the County and expressed how much she would be missed.  
Read and presented by Commissioner Moss  
22-0503  
5.C.  
Presentation of Proclamation Recognizing July, 2022, as Parks & Recreation Month  
and July 15th as Parks & Recreation Professionals' Day  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
[Clerks note: this Item was heard following Item 5.A.]  
County Administrator Mike Zito announced Beth Powell had been promoted as the  
new Parks and Recreation Director and congratulated Ms. Powell on her promotion.  
Ms. Powell stated she appreciated all of the Parks and Recreation professionals and  
was excited about the opportunities ahead. She was joined by staff from the  
department and went on to highlight the many parks and recreation facilities available  
to the public. She continued, staff was delighted to celebrate Parks and Recreation  
month and looked forward to an amazing year of programming recreation and  
improving the quality of life for all of residents and visitors in Indian River County.  
Read and presented by Vice Chairman Earman  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0496  
7.A.  
Presentation of Proclamation Honoring Lonn David Benham on His Retirement From  
Indian River County Board of County Commissioners Department of Emergency  
Services Fire Rescue Division with Thirty-One Years of Service  
Attachments: Proclamation  
[Clerks note: this Item was heard following Item 5.C.]  
Chairman O'Bryan thanked Lonn David Benham for his years of service protecting  
the public. Vice Chairman Joe Earman commented he had spent many years working  
with Mr. Benham and stated he was an asset to the community and had made it a  
better place.  
No Action Taken or Required  
22-0509  
7.B.  
SWDD Closures and Collection Service Changes for the 4th of July Holiday  
For informational purposes only - no action required  
Recommended Action:  
Attachments: Staff Report  
Chairman O’Bryan stated the solid waste garbage collection for the Fourth of July  
would be pushed back by one day.  
No Action Taken or Required  
22-0513  
7.C.  
Indian River County Venue Event Calendar Review  
Recommended Action:  
This is an informational item only; no Board action is required  
Attachments: Event Calendar  
[Clerks note: this Item was heard in conjunction with Item 5.C.]  
Chairman Peter O'Bryan highlighted on the event Calendar the Vero Beach Gun  
Show, the Busch Wildlife Center Live Animal Show, and Murder Mystery Dinner.  
He congratulated Beth Powell on her promotion to Parks and Recreation Director.  
No Action Taken or Required  
22-0500  
7.D.  
Florida Public Service Commission PAA Order PSC-2022-0203-PAA-EQ.  
Approving FPL's amended standard offer contract and rate schedule; if no protest,  
order to become final and effective on issuance of a CO; if order becomes final,  
docket to be closed; protest due by 6/30/22, a copy is on file in the Office of the  
Clerk to the Board.  
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 amended, pulling Items 8.C. and 8.D.  
for discussion.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0454  
8.A.  
Quarterly Investment Report for Quarter Ending 3/31/2022  
Accept the Report  
Recommended Action:  
Attachments: FINANCE DEPARTMENT STAFF REPORT  
Accepted  
22-0455  
8.B.  
Quarterly OPEB Trust Report for Quarter Ending 03/31/2022  
Accept the Report  
Recommended Action:  
Attachments: FINANCE DEPARTMENT STAFF REPORT  
Accepted  
22-0456  
8.C.  
Traffic Education Fund Quarterly Report 3/31/2022  
Recommended Action:  
Staff recommends that the Board of County Commissioners accept the attached  
report.  
Attachments: FINANCE DEPARTMENT STAFF REPORT  
Indian River Shores Councilmember Bob Auwaerter questioned if the Traffic  
Education Fund could, under the Florida Statute, expand the use of those funds to  
develop public safety announcements or other means to educate the public on bicycle  
safety. Councilmember Auwaerter stated the Indian River County Metropolitan  
Planning Organization (MPO) and Florida Department of Transportation (FDOT) had  
adopted the Target of Zero, to attain zero fatalities and serious injuries involving  
pedestrians and bicycle riders in the State.  
County Attorney Dylan Reingold referred to Section 318.1215, of the Florida  
Statutes, the Dori Slosberg Driver Education Safety Act, which stated a Board of  
County Commissioners may require, by Ordinance, the Clerk of the Court to collect  
an additional five dollars with each civil traffic penalty to be used to fund driver  
education programs in public and non-public schools. He stated it would require an  
amendment from the state legislation to expand the use of funds for education on  
bicycle safety.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to accept the Traffic Education Fund Quarterly Report. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0476  
8.D.  
Quarterly Tourist Development Tax Report for Quarter Ending 03/31/2022  
Recommended Action:  
Staff recommends that the Board of County Commissioners accept the attached  
Quarterly Tourist Development Tax Report.  
Attachments: Finance Department Staff Report  
Chairman O’Bryan noted the Quarterly Tourist Development Tax Report showed a  
strong first quarter of 2022, collecting over a million dollars in revenue. Clerk of the  
Court and Comptroller Jeffrey R. Smith stated the $1.6 million in revenue was an  
all-time high in the collection of tourist tax and attributed it to a new hotel and the  
hotels had stopped the discounting that took place during the COVID-19 pandemic.  
Chairman O’Bryan thanked Mr. Smith and his team for their effort ensuring  
everybody was in compliance.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to accept the Quarterly Tourist Development Tax report for Quarter  
Ending 03/31/2022. The motion carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner  
Flescher, and Commissioner Moss  
22-0473  
8.E.  
Approval of a Scope of Services with the Center for Transportation Research for the  
2023 Transit Development Plan (TDP) Major Update  
Recommended Action:  
Staff recommends that the Board of County Commissioners review the Transit  
Development Plan Major Update Draft Scope of Services prepared by the Center for  
Urban Transportation Research (CUTR), waive the requirement for bids, and  
authorize staff to issue a Purchase Order in the amount of $160,240.21 for Consultant  
Services.  
Attachments: Staff Report  
TDP Scope of Services  
Approved staff's recommendation  
22-0419  
8.F.  
Designation of Excess Equipment as Surplus and Authorization for Disposal and  
Reactivation of Asset 24738  
Recommended Action:  
Staff recommends the Board reactivate asset 24738, declare the items on the Excess  
List for 062122 Agenda as surplus, and authorize their disposal.  
Attachments: Staff Report  
Excess List for 062122  
Approved staff's recommendation  
22-0474  
8.G.  
Miscellaneous Budget Amendment 006  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2021-22 budget.  
Attachments: Staff Report  
2021 2022 Resolution  
Exhibit "A"  
Approved Resolution 2022-034, amending the Fiscal Year 2021-2022 Budget.  
22-0505  
8.H.  
Winter Beach Tower Lease Amendment  
Recommended Action:  
The staff has coordinated with the County’s Telecommunications Tower Consultant  
and the County Attorney on the contents of the lease amendment. Staff recommends  
that the Board approve the lease amendment and authorize the Chairman to execute  
the lease amendment and any associated lease documentation and permits.  
Attachments: Staff Report  
Third Amendment  
Site Plan  
Approved staff's recommendation  
22-0506  
8.I.  
Resolutions Delegating the Authority to the County Administrator or his Designee to  
Call Letters of Credit and to Act on Behalf of Indian River County during the Time  
Frames of July 13, 2022, through and including August 15, 2022 and August 17,  
2022, through and including September 12, 2022  
Recommended Action:  
Authorize the Chairman to sign the Resolutions as presented, delegating the authority  
to call Letters of Credit and delegating full signing authority during the periods of July  
13, 2022, through and including August 15, 2022 and August 17, 2022, through and  
including September 12, 2022.  
Attachments: Staff Report  
2022 RESO delegating auth admin break 1  
2022 RESO delegating auth admin break 2  
Approved Resolution 2022-035, delegating authority to the County Administrator  
or his Designee, to execute resolutions calling letters of credit as necessary  
during the period commencing July 13, 2022, through and including August 15,  
2022, and further delegating to the County Administrator or his Designee to  
execute all documents necessary to the proper functioning of the County during  
the period commencing July 13, 2022, through and including August 15, 2022; and  
Resolution 2022-036, delegating authority to the County Administrator or his  
Designee, to execute resolutions calling letters of credit as necessary during the  
period commencing August 17, 2022, through and including September 12, 2022,  
and further delegating to the County Administrator or his Designee, the authority  
to execute all documents necessary to the proper functioning of the County  
during the period commencing August 17, 2022, through and including  
September 12, 2022.  
22-0508  
8.J.  
Work Order No. 4 - Andersen Andre Consulting Engineers, Inc., IRC-1639 - 69th  
Street From 66th Ave. to SR/US1, Resurfacing Construction Materials Testing  
Services  
Recommended Action:  
Staff recommends approval of Work Order No. 4 to Andersen Andre Consulting  
Engineers, Inc. authorizing the professional services as outlined in the Scope of  
Services (Exhibit A) and requests the Board to authorize the Chairman to execute  
Work Order No. 4 on their behalf for a not-to-exceed amount of $46,510.  
Attachments: Staff Report  
Work Order No. 4 & Scope  
Approved staff's recommendation  
22-0511  
8.K.  
11th Drive Project Construction Inspection Cost Share Approval  
Recommended Action:  
Staff recommends the Board approve funding in the amount of $58,416.00 for the  
reimbursement of Construction Inspection Services costs to Russell for the County  
portion of 11th Drive  
Attachments: Staff Report  
Russell-Moler Construction Services Contract  
Approved staff's recommendation  
22-0512  
8.L.  
Authorizing Resolution to Delegate Signature Authority for Grant Applications to  
Various Agencies  
Recommended Action:  
Staff recommends the authorizing Resolution be approved for the Chairman's  
signature delegating signature authority for various agency grant application submittals  
to the Assistant County Administrator, Parks and Recreation Director, and/or  
Conservation Lands Manager.  
Attachments: Staff Report  
Authorizing Resolution for Grant Applications  
Approved staff's recommendation and Resolution 2022-037, authorizing the Board  
to delegate specific signature authority for various agency grant applications to  
the Indian River County Assistant County Administrator, Parks and Recreation  
Director, and Conservation Lands Manager.  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
22-0499  
10.A.1.  
Consideration of the Disposition of County Owned Surplus Properties for  
Affordable Housing  
Recommended Action:  
Staff recommends that the Board of County Commissioners review the list, make  
any appropriate changes, and approve the resolution accepting the list of County  
owned surplus properties that are appropriate for the provision of affordable  
housing.  
Attachments: Staff Report  
Section 125.379 Florida Statute  
List Map and Aerial  
Draft Resolution  
[Clerks note: this Item was heard following Item 15.A.1.]  
Chief of Long-Range Planning John Stoll reviewed the information contained in his  
memorandum dated June 8, 2022, regarding the disposition of the County-owned  
surplus properties for affordable housing. He pointed out Section 125.379 (1) of  
the Florida Statute required each county to prepare an inventory list of all real  
property that it holds fee simple title that was appropriate for use as affordable  
housing within its jurisdiction. Chief Stoll, through a PowerPoint presentation,  
outlined the details of S.125.379 (1) F.S. and identified three (3) of the 541  
properties currently owned by the County on the list that were not designated for  
any specific public use. Two of the parcels were single-family lots appropriate for  
affordable housing and one was landlocked and not buildable. He informed the  
Board the staff report had previously listed 4887 34th Avenue to be donated as  
affordable housing. Upon further research, staff learned there was no legal access  
and determined it would be best to sell the parcel and donate the proceeds to the  
State Housing Initiative Program (SHIP). He mentioned the local non-profit  
housing organizations interested in the three properties identified and staff  
supported the donation of these aforementioned parcels.  
In response to a question posed by Commissioner Moss, Chief Stoll stated the  
determination of parcels available for affordable housing on the list was based on  
the distribution to Utilities, Public Works for conservation land, stormwater  
right-of-ways access, future stormwater and utility projects, and other entities  
within the County on land exchanges, leaving 3 of the 541 available parcels for  
affordable housing.  
County Attorney Dylan Reingold sought and received clarification on the motion  
that 4887 34th Avenue would be sold and not donated.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-034, approving the list of County owned  
properties appropriate for the provision of affordable housing and providing  
for the disposition of those properties, amending Appendix A, 2022 List of  
the Indian River County Surplus Properties, to show disposition of the County  
Surplus Lands located at 4887 34th Avenue should be sold. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
22-0480  
10.B.1.  
Request to Speak from Savanna Randle, VLE Re: To Make Vero Lake Estates a  
Golf Cart Community  
Recommended Action:  
No action required  
Attachments: Request to Speak Randle  
Ms. Savanna Randle, a resident of Vero Lake Estates (VLE), presented a  
request for the Board to adopt an Ordinance allowing the use of golf carts in the  
VLE community. Ms. Randle stated she had posted a petition on Facebook and  
obtained over 650 signatures. She also remarked most of the residents were in  
favor of the proposal, with many concerned about safety.  
Chairman O’Bryan informed Ms. Randle the Board does not take action on  
public requests to speak items and a Commissioner would need to bring the item  
forward as a formal agenda item. He also recommended a letter from the  
Sheriff’s office to deem it would be safe from a law enforcement point of view.  
Ms. Mary Lou Ciambriello of VLE spoke in support of Ms. Randle’s request to  
the Board and stated her immense concern for the safety of the residents,  
children, and pets in the community. Ms. Ciambriello lauded Ms. Randle’s efforts  
in bringing this together.  
Commissioner Susan Adams stated Ms. Randle had met with all five (5) County  
Commissioners and planned to meet with the Sheriff. She commented it was a  
longer process due to the statutory requirements. Commissioner Adams thanked  
Ms. Randle for her efforts and for bringing this before the Board.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
22-0501  
10.C.1.  
Notice of Public Hearing Scheduled for July 5, 2022 Board Meeting for an LDR  
Amendment Modifying the Criteria for Accessory Dwelling 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  
11. COUNTY ADMINISTRATOR MATTERS  
22-0477  
11.A.  
Executive Session to Discuss IAFF Negotiations  
Attachments: Staff Report Executive Session IAFF  
County Administrator Jason Brown announced an executive Session would be held  
following the June 21, 2022 Board meeting.  
No Action Taken or Required  
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  
22-0518  
13.A.  
FDOT Agreement for Brightline Improvements and Brightline Subrecipient  
Agreement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners vote to approve the State of Florida Department of  
Transportation Local Transportation Project Funding Agreement and the Indian River  
County - Brightline Subrecipient Agreement and authorize the chair to execute the  
agreements after final review and approval by the County Attorney.  
Attachments: Staff Report  
Indian River County 55.039 Project  
Brightline Subrecipient Agreement  
County Attorney Dylan Reingold stated that in June 2021, the Board entered into a  
settlement agreement with Brightline which had resolved the County’s litigation with  
the company and as part of the settlement agreement, the County fully agreed to  
cooperate in pursuit of various grants that would assist in providing safety  
improvements in Indian River County. He mentioned the State adopted a proviso  
allocating money for various safety improvements within the County. These funds  
would normally go to the Florida Department of Transportation (FDOT), however,  
FDOT could not directly provide the funds to Brightline; a local sponsor or entity  
would need to be involved. Attorney Reingold outlined additional provisions which  
had been negotiated by staff to address invoice payment timeline issues Brightline had  
with the County's agreement. A discussion followed in regard to the potential safety  
improvements.  
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  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
B. Commissioner Joseph H. Earman, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Emergency Services District. The minutes will be approved at an upcoming  
Emergency Services District meeting.  
22-0407  
15.A.1.  
Approval of Second Renewal of Second Amendment of Property Lease for  
Temporary Location of Fire Station #7  
Recommended Action:  
Staff recommends approval of the second renewal of property lease.  
Attachments: Staff Report  
Second Renewal of Second Amendment Lease  
[Clerks note: this Item was heard following Item 8.D.]  
There was no discussion on this Item  
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  
B. Solid Waste Disposal District  
The Board of Commissioners adjourned the meeting of the Emergency Services  
District and 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.  
22-0514  
15.B.1.  
Approval of FY 2023 CPI Adjustment Request by Waste Management for  
Franchise Agreement  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
request for a 3.00% rate adjustment by Waste Management, Inc. of Florida, and  
authorize the County Administrator or his designee to send a letter of approval  
Attachments: Staff Report  
Rate Adjustment Letter from WM  
Solid Waste Disposal District (SWDD) Managing Director Himanshu Mehta  
stated that in accordance with the franchise agreement with Waste Management  
(WM) there was an annual provision in the agreement for a price adjustment to  
not exceed a cap of 3%. He stated WM did submit the request for the fiscal year  
2023 requesting an additional increase of approximately 17.43%. A negotiation  
meeting was held to convey staff's position that they could not support such an  
increase and WM elected to maintain the 3% in accordance with the agreement.  
Debbie Perez, WM Government Affairs Manager, outlined the reasoning for the  
requested 17.43% increase which breaks down to 16 cents per home, pointing  
out the 3% per the annual provision agreement would now be 2 cents per service,  
per home. Utilizing a PowerPoint presentation, an infographic displayed the  
inflationary costs of 29% increase in maintenance costs, 99% plus increase in fuel  
costs, and a significant increase in front-line labor wage increases.  
County Administrator Jason Brown stated he understood the inflationary costs  
WM was facing, as he has seen the same in the County's operations. He  
commented he hoped to continue the partnership between the County and WM  
and that WM does a good job.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
Earman, to approve staff's recommendations. The motion carried by the  
following  
vote:  
5 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,  
Commissioner Flescher, and Commissioner Moss  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business the Chairman adjourned the meeting at 10:14 A.M.