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, August 16, 2022  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
ROLL CALL  
4 -  
Present:  
Absent:  
Chairman Peter O'Bryan  
Vice Chairman Joe Earman  
Commissioner Susan Adams  
Commissioner Joseph Flescher  
1 - Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Pastor Randy Fullerton, Glendale Baptist Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Peter D. O'Bryan, Chairman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Additional Item 5.A. Presentation by Commissioner Joe Flescher  
Additional Item 9.A. Indian River County Sheriff Eric Flowers re: Forfeiture Trust  
Fund  
Deleted Item 8.A.J Children's Services Advisory  
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  
Absent:  
5. PROCLAMATIONS and PRESENTATIONS  
5.A. Presentation by Joseph E. Flescher  
Ms. Maya Miller of the Indian River County Traffic Engineering Department sang  
Happy Birthday to County Administrator Jason Brown.  
Presented  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Regular Meeting Minutes of June 7, 2022, June 14, 2022,  
June 21, 2022, July 5, 2022, and July 12, 2022 as written. The motion carried by  
the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0627  
6.A.  
6.B.  
Regular Meeting of June 7, 2022  
Approve  
Recommended Action:  
Attachments: 06072022 BCC Draft  
Approved  
22-0640  
Regular Meeting of June 14, 2022  
Approve  
Recommended Action:  
Attachments: 06142022 BCC  
Approved  
22-0642  
6.C.  
Regular meeting of June 21, 2022  
Approve  
Recommended Action:  
Attachments: 06212022 BCC  
Approved  
22-0674  
6.D.  
Regular Meeting of July 5, 2022  
Approve  
Recommended Action:  
Attachments: 07052022 BCC  
Approved  
22-0682  
6.E.  
Regular Meeting of July 12, 2022  
Approve  
Recommended Action:  
Attachments: 07122022 BCC  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
22-0616  
7.A.  
Proclamation Honoring Daniel Wittenberg on His Retirement From the Indian River  
County Board of County Commissioners Department of Public Works/Engineering  
Recommended Action:  
Informational Purposes Only  
Attachments: Proclamation  
Chairman Peter O'Bryan acknowledged Mr. Daniel Wittenberg on his retirement from  
the Indian River County Department of Public Works/Engineering.  
No Action Taken or Required  
22-0603  
7.B.  
Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk  
of the Circuit Court prior to January 1, 2021 is on file in the Office of the Clerk to the  
Board.  
Recommended Action:  
Informational Only  
No Action Taken or Required  
22-0607  
7.C.  
3rd Quarter FY 2021/2022 Budget Report  
Informational Only -No Action Required  
Recommended Action:  
Attachments: Staff Report  
3rd Quarter Budget Report  
No Action Taken or Required  
22-0614  
7.D.  
Indian River County Venue Event Calendar Review  
Informational item only; no Board action required  
Recommended Action:  
Attachments: Staff Report  
Chairman Peter O’Bryan highlighted information on the Event Calendar including the  
State of Florida Swimming Special Olympics, hosted by the North County Aquatic  
Center and the Youth Flag Football Season. He also made a special announcement  
for Tuesday, September 20, 2022, at the Board of County Commissioners meeting  
there would be a celebration for College Game Day in Indian River County. All  
Commissioners and all staff were encouraged to wear jerseys, hats, and/or other  
memorabilia of their favorite college team.  
No Action Taken or Required  
22-0664  
7.E.  
7.F.  
Construction Board of Adjustment and Appeals Committee Vacancy  
Attachments: Staff Report  
No Action Taken or Required  
22-0669  
Landfill Closure and Collection Service Changes for the Labor Day Holiday  
For informational purposes only - no action required  
Recommended Action:  
Attachments: Staff Report  
Chairman Peter O'Bryan stated the Waste Management (WM) collection schedule  
would be pushed back one day for the Labor Day Holiday.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the Consent Agenda as amended, pulling Items 8.J., 8.X.,  
and 8.A.G. for discussion. The motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0588  
8.A.  
Checks and Electronic Payments June 24, 2022 to June 30, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period of June 24, 2022 to June 30, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0589  
8.B.  
8.C.  
8.D.  
8.E.  
8.F.  
Checks and Electronic Payments July 1, 2022 to July 7, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period of July 1, 2022 to July 7, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0608  
Checks and Electronic Payments July 8, 2022 to July 14, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period of July 8, 2022 to July 14, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0609  
Checks and Electronic Payments July 15, 2022 to July 21, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller’s office  
for the time period of July 15, 2022 to July 21, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0620  
Checks and Electronic Payments July 22, 2022 to July 28, 2022  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 22, 2022 to July 28, 2022  
Attachments: Finance Department Staff Report  
Approved  
22-0591  
Adoption of Modifications to the Purchasing Manual  
Recommended Action:  
Staff recommends the Board note its concurrence with the changes approved by the  
County Administrator.  
Attachments: Staff Report  
Proposed Changes to Section 9 of the Purchasing Manual  
Approved staff's recommendation  
22-0592  
8.G.  
Authorization for Change Order to PO 93191 to ServiceMaster by Glenn's  
Recommended Action:  
Staff recommends the Board of County Commissioners waive the requirement for  
bids, approve the increase of PO 93191 to $112,145.51, and authorize the County  
Administrator to approve up to $10,000 more, if determined necessary to complete  
the work.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0619  
8.H.  
Miscellaneous Budget Amendment 007  
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 2022-046, amending the fiscal year 2021-2022 budget.  
22-0634  
8.I.  
Award of RFP 2022060 - Mental Health Coordinator Services  
Recommended Action:  
Staff recommends the Board award the mental health coordinator services to Kate  
Priest, LCSW LLC dba Heartspace Counseling, approve the sample agreement, and  
authorize the Chairman to execute the agreement after the County Attorney has  
approved it as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
22-0645  
8.J.  
Final Ranking of Firms and Award of RFP 2022070 for Website Redesign and  
Content Management System  
Recommended Action:  
Staff recommends the Board approve the committee’s final rankings of firms and  
award RFP 2022070 to Revize LLC. Staff also recommends the Board approve the  
agreement and authorize the Chairman to sign it after review and approval by the  
County Attorney as to form and legal sufficiency, and after review and approval of the  
required insurance by the Risk Manager.  
Attachments: Staff Report  
Agreement  
Vice Chairman Earman stated the County's new website and content management  
redesign was expected to be complete within the next 6 months. He thanked Director  
of Information Technology Dan Russell and staff for the work done to complete the  
project.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0649  
8.K.  
Outside Agency Funding Policy Revisions - Children's Services Agencies  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the revisions to  
the Outside Agency Funding Policy  
Attachments: Staff Report  
Agenda Item from May 17, 2022  
Ordinance 2022-007  
Proposed Outside Agency Funding Policy  
Outside Agency Funding Policy Strikethrough Version  
Approved staff's recommendation  
22-0650  
8.L.  
Approval of Final Ranking of Firms and Award of RFP 2022069 for Jones' Pier  
Conservation Area Entry Fencing  
Recommended Action:  
Staff recommends the Board award RFP 2022069 to A&B Fence Co LLC and  
authorize the Purchasing Division to issue a purchase order for the project.  
Attachments: Staff Report  
Approved staff's recommendation  
22-0665  
8.M.  
Resolutions Cancelling Taxes  
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  
Resolution Cancelling Taxes - CGV INvestments, LLC  
Resolution Cancelling Taxes V. Burgess - V2  
Approved staff's recommendation and Resolutions 2022-045 (CGV Investments,  
LLC) and 2022-046 (V. Burgess-V2), cancelling certain taxes upon publicly owned  
lands, pursuant to Section 196.28, Florida statutes.  
22-0594  
8.N.  
Approval of Resolution Establishing Utility Rates for Housing Choice Voucher  
Program for Federal Fiscal Year 2023  
Recommended Action:  
Staff recommends the Board approve the utility rate resolution for Fiscal Year 2023  
and authorize the Chairman to execute the resolution on behalf of the Board.  
Attachments: Staff Report  
Resolution  
Exhibit A to Resolution  
Approved staff's recommendation and Resolution 2022-047, approving revisions to  
the Housing Choice Voucher Program Utility Allowance Schedule.  
22-0659  
8.O.  
Resolutions Cancelling Taxes on Properties Purchased by the City of Fellsmere for  
Public Purpose  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolutions to cancel certain taxes upon the properties purchased by the City of  
Fellsmere 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  
Resolution Cancelling Taxes Fellsmere August 2022 (1)  
Resolution Cancelling Taxes Fellsmere August 2022 (2)  
Ltr to Dylan cancelling taxes - Marrero  
Ltr to Dylan cancelling taxes - Giuseppes  
Approved staff's recommendation and Resolutions 2022-048 (Marrero), and  
2022-049 (Giuseppes), cancelling certain taxes upon publicly owned lands,  
pursuant to section 196.28, Florida statutes.  
22-0596  
8.P.  
Amendment No. 2 to Work Order No. 10, MBV Engineering, Inc. Jackie Robinson  
Training Complex (FKA Historic Dodgertown) Walking Trail, IRC-1908  
Recommended Action:  
Staff recommends approval of Amendment No. 2 to Work Order No. 10 with MBV  
Engineering, Inc. authorizing the professional services as outlined in the Scope of  
Work and authorize the Chairman to execute Amendment No. 2 to Work Order No.  
10 on their behalf for a lump sum amount of $4,000.00.  
Attachments: Staff Report  
MBV Engineering, Inc. Amendment No. 2 to Work Order No. 10  
Approved staff's recommendation  
22-0598  
8.Q.  
Sally Beauty Supply LLC - Third Amendment to Lease  
Recommended Action:  
Staff recommends the Board approve the Third Amendment to the Lease as  
proposed for Sally Beauty LLC and authorize the Chairman to execute the Third  
Amendment to the Lease on behalf of the Board.  
Attachments: Staff Report  
Third Amendment to Lease  
Exhibit A - Insurance  
Approved staff's recommendation  
22-0599  
8.R.  
Jackie Robinson Training Complex Villas Remodel (IRC-1914A) Release of  
Retainage and Change Order No. 1  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 7F in the amount of $93,501.65 for release of retainage.  
Attachments: Staff Report  
Change Order No 1  
Approved staff's recommendation  
22-0611  
8.S.  
Amendment No. 1 to St. Johns River Water Management District Grant Agreement  
36528 for the Moorhen Marsh Low Energy Aquatic Plants System (LEAPSTM)  
Stormwater Treatment Facility  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Amendment  
No. 1 to Grant Agreement 36528 extending the terms of the grant from September  
30, 2022 to January 31, 2023 in order to allow for completion of construction for the  
Moorhen Marsh LEAPSTM, and authorize the Chairman to execute Amendment No.  
1
Attachments: Staff Report  
SJRWMD Grant 36528 Amendment No. 1  
Approved staff's recommendation  
22-0630  
8.T.  
Amendment No. 1 to Work Order No. 7 Ecological Associates, Inc. Habitat  
Conservation Plan (HCP) Sea Turtle Monitoring North and South County  
Recommended Action:  
The recommendation of staff is for the Board to approve Amendment No. 1 to Work  
Order No. 7 of the contract with Ecological Associates, Inc. in the amount of  
$6,215.00, and authorize the Chairman to sign on behalf of the County  
Attachments: Staff Report  
EAI WO No. 7 Amended Scope  
EAI WO No. 7 Amendment No. 1 Execution  
Approved staff's recommendation  
22-0632  
8.U.  
Amendment No. 1 to APTIM Work Order No. 2018006-13, Sector 3 Beach and  
Dune Restoration Project (IRC1925) Post Construction Environmental Monitoring  
(Phase 1 Year 1 Monitoring and Phase 2 Immediate Post Construction Monitoring)  
Recommended Action:  
Staff recommends the BCC authorize Amendment No. 1 to Work Order No.  
2018006-13 in the total lump sum amount of $19,117.50. Additionally, staff  
recommends the BCC authorize the Chairman to execute Amendment No. 1 to Work  
Order No. 2018006-13.  
Attachments: Staff Report  
2018006-13 Amendment No 1  
2018006-13 Amendment No 1 Execution  
Approved staff's recommendation  
22-0661  
8.V.  
Release of Retainage for Sector 5 Additional Dune Planting Project (IRC-2112)  
Recommended Action:  
Staff recommends payment of final invoice number 4 in the amount of $14,083.75,  
and the release and payment of Contractor’s retainage in the amount of $7,412.50  
Attachments: Staff Report  
APTIM Recommendation of Payment  
Sector 5 Additional Dune Plants Pay App No 4  
APTIM Retainage Payment Recommendation  
Cardno Inc. Sector 5 Release of Retainage  
Approved staff's recommendation  
22-0666  
8.W.  
Work Order No. 52 - Kimley-Horn and Associates, Inc., 43rd Avenue Pedestrian  
and Bicycle Access Improvements from 12th Street to 18th Street (IRC-1818)  
Recommended Action:  
Staff recommends approval of Work Order No. 52 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. 52 on their  
behalf for a lump sum amount of $213,828.  
Attachments: Staff Report  
Kimley-Horn Work Order 52  
Approved staff's recommendation  
22-0684  
8.X.  
Renewal of Lease Agreement, 2601 51st Avenue, Vero Beach, FL 32966, Tenant:  
Ember Pappas  
Recommended Action:  
Staff recommends the Board approve the Renewal of Lease Agreement for the  
property located at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the  
Chairman to execute the Renewal of Lease Agreement on behalf of the Board.  
Attachments: Staff Report  
Renewal of Lease Agreement  
Chairman Peter O'Bryan stated staff had requested an increase from $600 to $900 in  
rent for the County-owned property at 2601 51st Ave. He commented due to the  
current economic situation, his recommendation would be to keep the rent at $600  
per month and to not impose the increase to $900.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the Renewal of Lease Agreement with tenant Ember Pappas  
and for the rent to remain at $600 per month for the property located at 2601 51st  
Avenue. The motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0671  
8.Y.  
ATKINS Workorder 7 for conceptual design of a Stormwater Storage/ Treatment  
facility  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Workorder No.  
7 with ATKINS in the amount of $65,760 for the conceptual design of a stormwater  
treatment/storage facility on the 8th Street parcel  
Attachments: Staff Report  
ATKINS 8th Street Parcel Workorder No. 7  
ATKINS Pond Exhibit  
Workorder No. 7 Execution Agreement  
Approved staff's recommendation  
22-0604  
8.Z.  
Approval of Blue Medicare Advantage Renewal  
Recommended Action:  
Staff recommends and respectfully requests that the Board approve the renewal of the  
Blue Medicare Advanced Platinum PPO plan effective October 1, 2022 through  
September 30, 2023 and authorize the Chairman to execute the renewal agreement  
Attachments: Staff Report  
BlueMedicare Advanced Platinum PPO eff. October 1, 2022  
BlueMedicare Master Agreement  
Approved staff's recommendation  
22-0621  
8.AA.  
GRBK GHO High Pointe, LLC’s Request for Final Plat Approval for a Subdivision  
to be known as High Pointe West [SD-18-11-10 / 2004080145-88665]  
Recommended Action:  
Staff recommends that the Board of County Commissioners grant final plat approval  
for High Pointe West.  
Attachments: Staff Report  
Location Map  
Final Plat Layout  
Approved staff's recommendation  
22-0633  
8.AB.  
Waiver to Cut and Fill Balance Requirements for Commercial/Industrial Development  
in Flood Hazard Areas  
Recommended Action:  
Staff recommends that the Board of County Commissioners review the proposed  
draft changes to Land Development Regulation Subsection 930.07(2)(i), and direct  
Staff to proceed with the formal adoption process.  
Attachments: Staff Report  
Proposed Land Development Regulation  
Minutes from the 8/15/2017 BCC meeting  
Approved staff's recommendation  
22-0637  
8.AC.  
Consideration of the Indian River County SHIP Program 2022 Annual Report  
Recommended Action:  
Staff recommends that the Board of County Commissioners: 1.) Approve the  
attached SHIP 2022 annual report and authorize its formal submission to the Florida  
Housing Finance Corporation; and 2.) Authorize the Chairman to sign the attached  
Certification form; and 3.) Authorize staff to make any minor reporting changes to  
the annual report and Certification form that may be requested by the Florida Housing  
Finance Corporation.  
Attachments: Staff Report  
SHIP Funds and Applicant Information Summary  
SHIP Annual Closeout Report for FY 2019-2020  
SHIP Annual Report Certification Form  
Approved staff's recommendation  
22-0612  
8.AD.  
Modification #1 to Emergency Management Federally-Funded Subgrant Agreement  
(EMPG) Agreement Number G0301  
Recommended Action:  
Staff recommends approval of Modification #1 of Federally-Funded Subgrant  
Agreement G0301 between Indian River County Emergency Management and the  
State of Florida, Division of Emergency Management.  
Attachments: Staff Report  
EMPG Agreement Mod #1  
Approved staff's recommendation  
22-0615  
8.AE.  
Modification #1 to Emergency Management Performance Grant-American Rescue  
Plan Act Agreement (EMPG-ARPA) Agreement Number G0310  
Recommended Action:  
Staff recommends approval of Modification #1 of Federally-Funded Subgrant  
Agreement G0310 between Indian River County Emergency Management and the  
State of Florida, Division of Emergency Management.  
Attachments: Staff Report  
EMPG-ARPA Agreement Mod #1  
Approved staff's recommendation  
22-0680  
8.AF.  
Amendment 2 Work Order No. 10 for Masteller & Moler, Inc., North County  
Water and Septic to Sewer Phase II Project - Private Side Connections  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Amendment 2 Work  
Order No. 10 for Masteller and Moler, Inc., in the amount of $5,180.00, and  
authorize the Chairman to sign  
Attachments: Staff Report  
Amendment 2 WO No 10  
Approved staff's recommendation  
22-0667  
8.AG.  
Floravon Shores Septic to Sewer Approval of FDEP Cost-Share Funding Agreement  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize the Director of  
Utility Services to sign the Florida Department of Environmental Protection Grant  
Agreement WG023 and all necessary documents in order to effectuate the grant  
agreement  
Attachments: Staff Report  
FDEP Grant Agreement  
IRC Grant Form  
Chairman Peter O'Bryan commented this item was for approval of Florida  
Department of Environment Protection (FDEP) cost-share funding to be used for  
septic to sewer approval. He stated he had met with Sean Lieske, Director of Utility  
Services, who was in favor of the septic-to-sewer conversions, but had concerns  
regarding the lack of a clear policy on the mandatory hookup. Chairman O'Bryan  
asked if the Board was agreeable to giving staff direction to look into options  
available and bring the item back on an October agenda.  
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to  
direct staff to look into options available and bring back on a October Agenda.  
The motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0668  
8.AH.  
Final Pay to Masteller & Moler, Inc. for CCNA2018 Work Order No. 7  
Amendment No. 2, 8th Street 24” Force Main Relocation  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the payment in  
the amount of $1,974.00, which represents final payment of Work Order No. 7  
Amendment No. 2 to Masteller & Moler, Inc  
Attachments: Staff Report  
Invoice No 1943LHJ-4  
Approved staff's recommendation  
22-0676  
8.AI.  
Change Order to TLC Diversified, Inc., for the South County Reverse Osmosis  
Water Treatment Plant Membrane and Retrofit Project  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the change  
order in the amount of $483,563.83, leaving a revised total agreement with TLC  
Diversified, Inc., in the amount of $11,149,079.48, and authorize the Chairman to  
execute the change order on their behalf  
Attachments: Staff Report  
Change Order 1  
Approved staff's recommendation  
22-0622  
8.A.J.  
Children's Services Advisory Committee Recommended Program Funding  
Allocations for Fiscal Year 2022/23  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the  
CSAC's funding recommendations for children's programs for FY 2022/23  
Attachments: Staff Report  
Recommended CSAC Funding FY23  
Funding Allocation FY23  
Deleted  
22-0606  
8.AK.  
First Amendment for Sandridge Golf Club Maintenance  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the First  
Amendment to International Golf Maintenance (IGM) Agreement and authorize  
Chairman to sign.  
Attachments: Staff Report  
IGM Executed Agreement (July 7, 2020)  
IGM Request Letter  
Amendment 1 for Golf Course Maintenance  
Approved staff's recommendation  
22-0600  
8.AL.  
Indian River County Library System Long Range Plan 2023-2027  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve Indian River  
County Library System Long Range Plan of Service 2023-2027.  
Attachments: Staff Report  
Long Range Plan 23-27  
Approved staff's recommendation  
22-0601  
8.AM.  
Indian River County Library State Aid to Libraries Grant  
Recommended Action:  
Staff respectfully recommends that the Board of County Commissioners approve the  
Indian River County Library System State Aid Grant Agreement, Certification of  
Hours, and Annual Plan and authorize the Chairman to sign and return the State Aid  
Grant Agreement and Certification of Hours for FY 2022-23 to the Library Services  
Director to be forwarded to the appropriate State Library staff.  
Attachments: Staff Report  
Grant Agreement  
Certification of Hours  
IRC Library System Annual Plan of Service  
Approved staff's recommendation  
22-0602  
8.AN.  
Request for Approval of the First Extension to Agreement with J-Mac Cleaning  
Services, Inc. for Annual Beach Parks Mowing and Grounds Maintenance  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners approve the first  
Extension to the Agreement and authorize its Chairman to sign.  
Attachments: Staff Report  
First Extension  
Approved staff's recommendation  
22-0605  
8.AO.  
Work Order Number 25, Amendment No. 1 - Continuing Engineering Services RFQ  
2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and  
Utility Service Plans Revisions  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 25, Amendment No. 1  
for revisions to the Hobart Park Restroom Connections and Utility Service Plans,  
Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment  
and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional  
services as outlined in Exhibit A, and request the Board authorize the Chairman to  
execute Amendment No. 1, Work Order Number 25.  
Attachments: Staff Report  
Amendment 1  
Approved staff's recommendation  
22-0625  
8.AP.  
Amendment No. 1 to Work Order No. 3 (Jones' Pier Bungalow Stabilization &  
Museum Planning) - Donadio & Associates, P.A.  
Recommended Action:  
Staff respectfully recommends the Board accept Work Order Number 3,  
Amendment No. 1 - Donadio & Associates, Continuing Architectural Services RFQ  
2018063, renewed November 2, 2021, for design services associated with the Jones'  
Pier Bungalow House Exterior Renovations, authorizing the professional services as  
outlined in Exhibit A, and request the Board authorize the Chairman to execute  
Amendment No. 1, Work Order Number 3.  
Attachments: Staff Report  
Amendment 1  
Addendum  
Approved staff's recommendation  
22-0678  
8.AQ.  
Authorization to Piggyback Clay County Contract for Various Equipment and  
Amenities for Parks and Playgrounds for Lighting of the Pickleball Courts at Dick  
Bird (South County) Park and Approval of Quote Ref 219410  
Recommended Action:  
Staff respectfully recommends the Board approve the piggyback of the Clay County  
contract RFP 18/19-2 (renewed May 24, 2022) Contract for Equipment and  
Amenities for Parks and Playgrounds and approve the Musco Sports Lighting, LLC  
quote dated July 11, 2022, Project: Dick Bird Pickleball, Vero Beach, FL, Ref:  
219410 and enter into an agreement with Musco Sports Lighting, LLC in the amount  
of $195,000; and authorize the Chairman to execute such agreement after review and  
approval by the County Attorney  
Attachments: Staff Report - Lighting  
Quote 219410  
Approved staff's recommendation  
22-0660  
8.AR.  
Notice of Grant Award from the Florida Division of Historical Resources for Kroegel  
Homestead Historic Structures, Condition Assessment - 23.h.sm.100.125  
Recommended Action:  
Staff respectfully recommends that the Board accept the Division of Historical  
Resources Small Matching Grant for 2022-2023 and authorize the Chairman to  
execute the Agreement between the State of Florida, Department of State and Indian  
River County Parks Division, grant number 23.h.sm.100.125.  
Attachments: Staff Report  
Attachment A - Agreement  
Grant Form - Kroegel  
Approved staff's recommendation  
22-0624  
8.AS.  
Work Order Number 26, Amendment No. 1 - Continuing Engineering Services RFQ  
2018008 - Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom  
Connections and Utility Service Plans  
Recommended Action:  
Staff respectfully recommends approval of Work Order Number 26, Amendment  
No. 1 for permitting services associated with the Hosie Schumann Park Restroom  
Connections and Utility Service Plans, Continuing Consulting Engineering Services  
Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn  
and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and  
request the Board authorize the Chairman to execute Amendment No. 1, Work  
Order Number 26.  
Attachments: Staff Report  
Amendment 1 to Work Order 26  
Approved staff's recommendation  
22-0636  
8.AT.  
Award of RFP 2022059 for Concession Services  
Recommended Action:  
Staff recommends the Board award RFP 2022059 to Treasure Coast Concessions,  
approve the sample agreement, and authorize the Chairman to sign after the County  
Attorney has approved it as to form and legal sufficiency, after receipt and approval  
of the required insurance by the Risk Manager, and after the Concessionaire has  
provided evidence of enrollment in E-verify.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
22-0691  
9.A.  
Indian River County Sheriff Eric Flowers re: Forfeiture Trust Fund  
Attachments: Memorandum from Sheriff Flowers  
Indian River County Sheriff Eric Flowers, at the request of Vice Chairman Earman,  
spoke of a situation where the License Plate Reading (LPR) technology was  
successful in identifying a stolen vehicle from Brevard County. The driver and  
passengers of the vehicle were apprehended and had numerous warrants for violent  
felonies. He stated this was just one success story of many.  
Sheriff Flowers stated he was here to request funds from the Law Enforcement Trust  
Fund (LETF) which is funded by forfeitures, seizures, and drug contraband. He  
added the statute had a requirement that no less than 25 percent of forfeiture funds be  
expended or donated to certain drug treatment abuse education, drug prevention,  
crime prevention, safe neighborhoods, and school resource programs. Sheriff  
Flowers asked the Board to approve the authorization for $9,500 from the LETF to  
spend on the aforementioned operations. He also requested an additional $152,400,  
about 31 percent of the LETF, to be spent on necessary equipment.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the requested funds from the Law Enforcement Trust Fund  
(LETF). The motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
10. PUBLIC ITEMS  
Following Item 15.A.3, the Chairman called for a recess at 10:21 a.m., and reconvened  
the meeting at 10:34 a.m. continuing with Item 10.A.1, with all members present except,  
Commissioner Laura Moss who was absent.  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN  
THE OFFICE OF THE CLERK TO THE BOARD.  
22-0647  
10.A.1.  
Jan Jelmby’s Request for Abandonment of a 30’ Wide Unimproved, Unnamed  
Right-of-Way, West of Lots 40-43 in the Espy’s Subdivision [ROWA-21-12-02  
/ 2016030081 - 90928] (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 proposed abandonment resolution.  
Attachments: Staff Report  
Location Map  
Resolution  
Resolution Exhibit A  
Notice of Public Hearing  
Chief of Current Development Ryan Sweeney introduced Brandon Creagan,  
Senior Planner of Current Development. Mr. Creagan, utilizing a PowerPoint  
presentation, outlined Jan Jelmby’s request for abandonment of a 30’ wide  
right-of-way, west of lots 40-43 in the Espy’s subdivision. No access was  
needed to the surrounding properties, and no easements were required. He also  
noted the applicant had coordinated the purchase of the County-owned parcel  
that directly abutted the western portion of the requested abandonment.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to approve Resolution 2022-050, providing for the closing,  
abandonment, vacation and discontinuance of a portion of a 30’ wide  
unimproved, unnamed right-of-way, west of Lots 40 through 43 in the Espy’s  
Subdivision located in Indian River County, Florida. The motion carried by  
the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0648  
10.A.2.  
Coalition for Attainable Homes, Inc.’s Request for Abandonment of the West 30’  
of the 130’ wide, 100’ Long Segment of 32nd Avenue Right-of-Way, East of Lot  
21 in the Reedwood Subdivision [ROWA-22-08-01 / 2022040010 - 92475]  
(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 proposed abandonment resolution.  
Attachments: Staff Report  
Location Map  
Resolution  
Resolution Exhibit A  
Notice of Public Hearing  
Brandon Creagan, Senior Planner of Current Development, utilized a PowerPoint  
presentation, to outline the Coalition for Attainable Homes (CFAH) request for  
right-of-way abandonment for the property located south of 43rd Street and west  
of 32nd Avenue. The area to be abandoned was approximately 30’ of the 130’  
wide, 100’ long segment of 32nd Avenue right-of-way. All reviewing  
departments have reviewed and recommended approval of the abandonment. He  
stated the property was not needed for any county roadway or access to any  
surrounding properties and no easements were required.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Commissioner Flesher, seconded by Commissioner  
Adams, to approve Resolution 2022-051, providing for the closing,  
abandonment, vacation and discontinuance of the west 30’ of the 130’ wide,  
100’ long segment of 32nd Avenue right-of-way, east of Lot 21 in the  
Reedwood Subdivision located in Indian River County, Florida. The motion  
carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
B. PUBLIC DISCUSSION ITEMS  
22-0613  
10.B.1.  
Request to Speak from Erin Deady re: Commercial Property Assessed Clean  
Energy  
Recommended Action:  
No action required  
Attachments: Public Discussion Request Erin Deady  
Using a PowerPoint presentation, Ms. Erin L. Deady, P.A., outlined the  
Commercial Property Assessed Clean Energy (C-PACE) program. Florida State  
Statute, Section 163.08, F.S. (2010), authorizes local governments to levy  
non-ad valorem assessments to fund certain improvements for energy efficiency,  
renewable energy, and wind mitigation. The presentation outlined the benefits to  
commercial property owners and the process to obtain funding through the  
C-PACE program. Ms. Deady outlined two options for C-PACE in Indian River  
County: 1. Launch C-PACE with all four C-PACE providers in Florida; and 2.  
Launch C-PACE with the Florida Green Finance Authority to fund C-PACE  
improvements on the CERTUS property. She requested the Board pass a  
Resolution allowing the launch of either option, and direct staff to prepare the  
documents to bring back for a subsequent Commission agenda item.  
Commentary was also presented by the following individuals in favor of the  
C-PACE program:  
Mr. Troy M. Cox, Chief Investment Officer/Managing Director of CERTUS  
Senior Living  
Mr. Eddie Metzger, Director of Government Relations for Ygrene Energy Fund  
Mr. Frank Lardino, President/Director with The Investors Alliance, Inc.  
A comprehensive discussion ensued between the Board and the speakers regarding  
the various aspects of bringing the C-PACE program to the County.  
[Clerks note: Discussion continued under Commissioners Matters 14.C.1]  
No Action Taken or Required  
22-0658  
10.B.2.  
Request to Speak from Jennifer and Mark Trodglen re: requesting variance for  
their shed  
Recommended Action:  
No action required  
Attachments: Public Discussion Request Trodglen  
Jennifer and Mark Trodglen sought help from the Board regarding a shed they  
had built in their backyard without the proper permit. Ms. Trodglen stated the  
shed was located in the only spot available in the backyard due to the two septic  
and drain field systems. She informed the Board that neighbors on both the south  
and the east sides had written letters affirming they had no problem with the shed.  
The shed was not a prefab shed, but rather a permanent structure, and it was not  
movable and would have to be demolished. After receiving the violation, Mr.  
Trodglen met with a Planner who told him he had limited options and should meet  
with the Community Development Director Phil Matson. Director Matson  
relayed that due to the unique circumstances, the Trodglens had a good shot at a  
variance. The Trodglens filled out the application and obtained the necessary  
documents, paid the $1,000 fee, and met with Assistant Community Development  
Director Andy Sobczak. Ms. Trodglen stated Mr. Sobczak researched every  
possible way to help, yet it was determined it would be impossible to get a  
variance and would be a waste of money and the only option was to bring it  
before the Board. Ms. Trodglen hoped the Board would consider their request  
and stated they greatly appreciated the Board’s time and consideration of this  
matter.  
[Clerks note: Discussion continued under Commissioners Matters 14.A.1.]  
No Action Taken or Required  
22-0685  
10.B.3.  
Request to Speak from Miss B's Learning Bees re: Limit Fees Charged to  
Program  
Recommended Action:  
No Action Required  
Attachments: Public Discussion Request MBLB  
Deleted  
C. PUBLIC NOTICE ITEMS  
22-0610  
10.C.1.  
Public Notice of Public Hearing for September 13, 2022, to Consider an  
Ordinance Establishing the LP Community Development District  
Attachments: Staff Report  
Affidavit of Publication - Liberty Park CDD  
County Attorney Dylan Reingold read the notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
[Clerks note: Item 11.A. was heard after Item 13.A.]  
22-0617  
11.A.  
Update Regarding the Pending Sebastian Annexation  
Discussion  
Recommended Action:  
Attachments: Staff Report Annexation  
County Administrator Jason Brown provided an update on the potential annexation of  
1,984 acres owned by the Graves Brothers, and County staff’s interactions and  
actions in that regard. He stated it was not an exercise for the County to tell the City  
of Sebastian on how they need to grow, but to look at the items where the County  
would be asked to provide services. These services could include water and sewer,  
fire rescue, and parks and recreation.  
A lengthy discussion among the Board, City Manager Paul Carlisle, and City Council  
Member Bob McPartlan regarding the pending annexation.  
No action taken or required  
12. DEPARTMENTAL MATTERS  
A. Community Development  
[Clerks note: Commissioner Susan Adams departed the meeting at 12:45]  
22-0639  
12.A.1.  
Non-Profit Housing Community Rehab (RENO) Program and Non-Profit Housing  
Construction (CENO) Program Award Recommendations.  
Recommended Action:  
Staff recommends that the Board of County Commissioners:  
CENO Program -  
1) Award $180,000 to St. Francis Manor in order to construct two new nine-unit  
buildings intended to house low-income seniors; 2) Award $180,000 to Treasure  
Coast Homeless Services Council in order to construct a triplex intended to house  
low-income families; 3) Award $60,000 to Coalition for Attainable Homes in order to  
construct an accessory dwelling unit intended to house a low-income senior. (In order  
to provide the full funding request, staff recommends that $20,000 be transferred from  
the RENO program into the CENO program.)  
RENO Awards:  
1) Award $105,240 to Treasure Coast Homeless Services in order to replace roofs  
on affordable housing units; 2) Authorize the Board Chair to sign Indian River County  
American Rescue Plan Agreements for each grant recipient.  
Attachments: Staff Report  
Application Summary  
John Stoll, Chief of Long Range Planning, utilized a PowerPoint presentation to  
update the Board on the American Rescue Plan (ARP) of 2021, the County's  
Non-Profit Housing Community Rehab (RENO) Program, and the Non-Profit  
Housing Construction (CENO) Program. Chief Stoll reviewed the applications for the  
CENO Program which entailed the construction of affordable duplex townhomes and  
apartments to serve the disadvantaged population. There were four applications  
received: 1) The Treasure Coast Homeless Services Council requested $180,000 to  
construct a triplex for low-income families. He stated staff recommended full funding  
for this application; 2) St. Francis Manor requested $180,000 to construct two new,  
nine-unit buildings for 18 limited-income seniors. He stated staff recommended full  
funding for this application; 3) Coalition for Attainable Homes requested $60,000 to  
construct affordable dwelling units for low-income residents. He stated staff  
recommended full funding for this application, with $20,000 moved from the RENO  
program to provide full funding for this request; and 4) The Housing League requested  
$180,000 to construct a single-family home for a low to moderate-income individual.  
He stated staff did not recommend an award for this project as it was not eligible for  
this program.  
Chief Stoll reviewed the one (1) application received for the RENO Program which  
entailed the rehabilitation, repair, and remodeling of multi-family facilities that serve  
disadvantaged populations. The Treasure Coast Homeless Services Council  
requested $105,240 to replace the roofs on five existing affordable housing units. He  
stated staff recommended the full funding of this request.  
A brief discussion was had between the Board, County Administrator Jason Brown,  
and Community Development Director Phil Matson regarding the success and future  
of the CENO and RENO programs.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the following  
vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
Review of Proposed Request for Proposals for a Developer to Redevelop the Former  
Gifford Gardens Apartments Site with Housing that is Affordable  
22-0646  
12.A.2.  
Recommended Action:  
Staff recommends that the BCC review the proposed final Draft RFP and: 1.  
Provide any proposed changes to the RFP; 2. Allow any potential final edits to the  
RFP as may be recommended by various County review departments; 3. Authorize  
the transfer of $150,000 in ARP funding (RENO Program) to the Gifford Gardens  
Project; 4. Direct staff to advertise the RFP (as may be modified).  
Attachments: Staff Report  
Proposed RFP for Gifford Gardens Site  
John Stoll, Chief of Long Range Planning, utilized a PowerPoint presentation to  
review the proposed Request for Proposal (RFP) for the redevelopment of the former  
Gifford Gardens site. Chief Stoll provided a comparison of the previous RFP that  
was rejected by the Board on April 27, 2022, with the current RFP. He summarized  
the proposed incentives to be 1) Free land; 2) pre-paid impact fees; 3) pre-paid  
water and sewer ERUs; and 4) a $500,000 grant from the County American Rescue  
Plan (ARP) for engineering/design and related development costs. A brief discussion  
ensued between the Board, Administrator Brown, Chief Stoll, and Community  
Development Director Phil Matson regarding income qualifications along with SHIP  
and SHARP funding assistance.  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendation. The motion carried by the following  
vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
22-0670  
12.G.1.  
Award of Bid No. 2022067, Dick Bird Park Pickleball Courts, IRC-2204  
Recommended Action:  
Staff recommends the project be awarded to Barth Construction, Inc. in the  
amount of $838,764.59 for Dick Bird Park Pickleball Courts. Staff further  
recommends the Board approve the Sample Agreement and authorize the  
Chairman to execute said agreement after review and approval of both, the  
agreement and required Public Construction Bond by the County Attorney as to  
form and legal sufficiency, the receipt and approval of required insurance by the  
Risk Manager, and the receipt of evidence of Barth Construction's enrollment in  
e-verify.  
Attachments: Staff Report  
Sample Agreement  
Public Works Director Richard Szpyrka presented the results of the bids received  
for the Dick Bird Park Pickleball Courts which was on file and available for  
viewing in the County Engineering Department. Director Szpyrka stated after  
reviewing all their qualifications and references, Barth Construction was  
considered the lowest responsible bidder for this project.  
A motion was made by Commissioner Flescher, seconded by Chairman  
O'Bryan, to approve staff's recommendation. The motion carried by the  
following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
H. Utilities Services  
The Chairman called for a recess at 11:53 a.m., and reconvened the meeting at 12:02  
p.m. with all members present, except Commissioner Laura Moss and Commissioner  
Susan Adams who were absent.  
13. COUNTY ATTORNEY MATTERS  
[Clerks note: Item 13.A. was heard after Item 10.C.1.]  
22-0638  
13.A.  
Acquisition of Right-Of-Way for Phase II of 66th Avenue Improvements - Ken  
Chesnut - 6900 65th Street, Parcel 303  
Recommended Action:  
Staff recommends the Board approve the Mediation Settlement Agreement for the  
Chesnut property and authorize the Chairman to execute the document on behalf of  
the Board.  
Attachments: Staff Report  
Exhibits A B and C  
Deputy County Attorney Bill DeBraal presented an agreement regarding a 10-acre  
parcel owned by Ken Chesnut, where the county needed .38 acres to complete the  
66th Avenue improvements. He stated the mediator, Tony Gonzalez, a former  
eminent domain attorney from Broward County submitted an appraisal of $153,200.  
They claimed great reconfigurations, including the loss of trees, fencing, and gating,  
would be needed. Attorney DeBraal stated at the conclusion of the mediation both  
parties agreed to submit a settlement agreement to the Board for consideration to pay  
$135,000 for right-of-way Parcel 303 in full and final settlement to Mr. Chesnut for  
all damages and expert witness fees. The County would receive credit for the good  
faith deposit already made of $29,500. The County would install two 24' wide  
standard stabilized driveways and deliver 60 cubic yards of stabilized base and 45  
cubic yards of shell or lime rock to the locations specified by Mr. Chesnut. Attorney  
DeBraal noted Mr. Chesnut was responsible for the construction of the new  
reconfigured roads.  
Attorney DeBraal introduced Attorney William “Bill” Doney who attended the  
mediation. Attorney Doney added that eminent domain was a very expensive  
process, it was his belief it would be in the County’s best interest to accept the  
settlement agreement as stated by Attorney DeBraal.  
Commissioner Flescher stated in past trials of this type, the County had not fared well.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the following  
vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0651  
13.B.  
Authorization to proceed with foreclosure on Code enforcement cases: 2020030013  
(15th Avenue - Palmer, Michael and Kelly) and 2018010025 (20th Avenue -  
Cavalier, Diackamann)  
Recommended Action:  
Staff recommends the Board authorize staff to move forward with outside counsel in  
the filing of foreclosure on the above named code enforcement cases.  
Attachments: Staff Report  
Order Imposing Fine  
Palmer Deed  
QC Deed from 4230 Land Trust to Diackamann 12-19-2019  
QC Deed from TWR to 4230 Land Trust 11-15-2019  
Recorded Order Imposing Fine  
No discussion was heard 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:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
22-0672  
13.C.  
Calcutta Drive Docks  
Recommended Action:  
Since the deficiencies with Docks 3 and 8 appear to be corrected, the County  
Attorney’s Office recommends that the Indian River County Board of County  
Commissioners provide guidance as to how to move forward with Docks 7, 14 and  
17.  
Attachments: Staff Report  
County Attorney Dylan Reingold provided an update to the Board on various docks  
that have been identified as being in some form of disrepair. Attorney Reingold  
identified three (3) docks he was supportive of not terminating agreements on and  
allowing the property owners to move forward with obtaining permits to address the  
repair of those docks.  
Jeff Cusson, owner of dock 14 shared with the Board the challenge it has been to  
complete the repairs and stated he was working hard to bring the dock into  
compliance. He confirmed he was aware of the change in the license fee schedule.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to rescind the vote to terminate the agreement on dock 14 and direct the  
County Attorney to continue the process with the remaining three docks in  
process of coming into compliance. The motion carried by the following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
14. COMMISSIONERS MATTERS  
A. Commissioner Peter D. O'Bryan, Chairman  
22-0662  
14.A.1.  
Request from Jennifer and Mark Trodglen for a variance for their shed.  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memorandum  
[Clerks note: discussion continued from Item 10.B.2]  
After considerable discussion among the Commissioners, legal counsel, and staff  
regarding the current process to obtain a variance for a code violation. It was  
determined to allow an extension for Mr. and Ms. Trodglen, and to direct staff to  
come back to the Board with a revised variance appeal process.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Flescher, to support an extension on the Code Enforcement violation and to  
direct staff to come back with a revision to the variance appeal process. The  
motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
The Chairman called for a recess at 11:53 a.m., and reconvened the meeting at 12:03  
p.m. with all members present, except Commissioner Laura Moss who was absent.  
B. Commissioner Joseph H. Earman, Vice Chairman  
22-0618  
14.B.1.  
Update/Discussion on Sector 7 Beach Renourishment Project  
Discuss  
Recommended Action:  
Attachments: Commissioner's Memo  
[Clerks note: This Item was heard after Item 9.A.]  
Vice Chairman Joe Earman sought direction from the Board regarding the Sector  
7 Beach Renourishment Project. A lengthy discussion ensued among the Board  
members, legal counsel and staff on; 1) Potential costs for offshore sand dredging  
and land-based truck haul; 2) Changing the perpetuity of the current Sector 7  
easement language to obtain more signed easements; and 3) A viable access point  
for large dump trucks. In conclusion, Vice Chairman Earman stated he would  
meet with the residents and relay this discussion, then bring the item back on his  
agenda. He thanked everyone for their input.  
No Action Taken or Required  
C. Commissioner Susan Adams  
22-0673  
14.C.1.  
Commercial PACE in Indian River County  
Request discussion and support  
Recommended Action:  
Attachments: Commissioners Memo  
[Clerks note: discussion continued from Item 10.B.1]  
Commissioner Susan Adams stated the C-PACE program was a tool in the  
toolbox for economic development and for businesses if they want to take  
advantage of it. She specified this was a funding option for commercial buildings  
to use to retrofit for lighting or for large pieces of equipment such as air  
conditioning units which can be very expensive. Commissioner Adams  
commented she did not understand why the Board would have to approve this;  
however, if businesses continued to come to the Board asking for the opportunity  
to participate in programs such as this, then it was incumbent upon us to allow  
them to do that.  
Chairman Peter O’Bryan stated he had been a proponent of the PACE program,  
and noted some of the local banks’ concerns over the PACE loans having a lower  
underwriting cost than a commercial bank, since the PACE loan was  
automatically secured through the property assessment. He stated he was fully  
supportive as long as the Florida Green Finance Authority was willing to include  
the lender consent clause. He further stated he would be comfortable starting with  
the current single application to see how it works, then open it up to other  
applicants.  
Vice Chairman Earman concurred with the comments of both Commissioner  
Adams and Chairman O’Bryan and suggested giving staff direction and bring it  
back to the Board in September.  
Commissioner Joe Flescher was not supportive as he did not believe the Board  
should be involved with the banking processes and there were sufficient tools  
already available.  
County Attorney Dylan Reingold stated he would bring back the Resolution for  
the September 13th meeting.  
A motion was made by Commissioner Adams, seconded by Chairman  
O'Bryan, to direct staff to bring back a Resolution incorporating the language  
discussed. The motion carried by the following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Adams  
1 - Commissioner Flescher  
Aye:  
Nay:  
1 - Commissioner Moss  
Absent:  
D. Commissioner Joseph E. Flescher  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
The Board of County Commissioners adjourned the meeting and reconvened  
as the Board of Commissioners of the Emergency Services District. The  
minutes will be approved at an upcoming Emergency Services District meeting.  
A motion was made by Commissioner Flescher, seconded by Commissioner  
Adams, to approve the ESD minutes of June 7, 2022 and June 21, 2022 as  
written. The motion carried by the following vote:  
4 -  
Aye:  
Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and  
Commissioner Flescher  
1 - Commissioner Moss  
Absent:  
22-0628  
15.A.1.  
Approval of ESD Meeting Minutes of June 7, 2022  
Approve  
Recommended Action:  
Attachments: 06072022 ESD Draft  
Approved  
22-0643  
15.A.2.  
Approval of the ESD Meeting Minutes of June 21, 2022  
Approve  
Recommended Action:  
Attachments: 06212022 ESD  
Approved  
22-0597  
15.A.3.  
Approval of a Memorandum of Agreement between Florida Department of  
Health, Indian River Health Department & Indian River County Emergency  
Services District to Provide Routine Immunization Services.  
Recommended Action:  
Staff is recommending the Board approve and execute the Memorandum of  
Agreement between Florida Department of Health, Indian River Health  
Department & Indian River County Emergency Services District  
Attachments: Staff Report  
Memorandum of Agreement-Health Dept & IRCESD  
Article 15-CBA  
[Clerks note: this Item was heard after Item 14.B.1.]  
Director of Emergency Services, Chief David Johnson, requested that the Health  
Department's agreement be put in writing to fulfill the contractual agreement  
between Florida Department of Health, Indian River Health Department, and the  
Indian River County Emergency Services District to provide routine immunizations  
for employees.  
Chairman Peter O’Bryan congratulated Chief Johnson as the new Emergency  
Services Director after the retirement of Chief Tad Stone.  
Chief Johnson also mentioned the 2022 Tunnel to Towers 5K Run & Walk at  
Riverside Park.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
Board of Commissioners of the Emergency Services District reconvened as the  
The Board of County Commissioners continuing with Item 10.A.1  
B. Solid Waste Disposal District  
The Board of County Commissioners adjourned the meeting 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.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve the SWDD minutes of June 7, 2022, June 14, 2022, June  
21, 2022, July 5, 2022 and July 12, 2022 as written. The motion carried by the  
following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
22-0629  
15.B.1.  
Approval of SWDD Meeting Minutes of June 7, 2022  
Approve  
Recommended Action:  
Attachments: 06072022 SWDD Draft  
Approved  
22-0641  
15.B.2.  
Approval of SWDD Meeting Minutes of June 14, 2022  
Approve  
Recommended Action:  
Attachments: 06142022 SWDD Draft  
Approved  
22-0644  
15.B.3.  
Approval of the SWDD Meeting Minutes of June 21, 2022  
Approve  
Recommended Action:  
Attachments: 06212022 SWDD  
Approved  
22-0675  
15.B.4.  
Approval of SWDD Meeting Minutes of July 5, 2022  
Approve  
Recommended Action:  
Attachments: 07052022 SWDD Draft  
Approved  
22-0683  
15.B.5.  
Approval of SWDD Meeting Minutes of July 12, 2022  
Approve  
Recommended Action:  
Attachments: 07122022 SWDD Draft  
Approved  
22-0681  
15.B.6.  
Approval of Second Amendment and Renewal to Recycling Services at  
Government Buildings and Facilities Agreement  
Recommended Action:  
Staff recommends that its Board approve the Second Amendment and Renewal  
to Recycling Services at Government Buildings and Facilities Agreement with  
Waste Management, Inc., of Florida for a three-year term through September 30,  
2025; and, authorize the Chairman to execute the agreement after review and  
approval by the County Attorney as to form and legal sufficiency  
Attachments: Staff Report  
Second Amendment and Renewal  
There was no discussion on this Item.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendations. The motion carried by the  
following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
22-0679  
15.B.7.  
Approval of 2023 CPI Adjustment Request by Waste Management for  
Government Buildings  
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  
There was no discussion on this Item.  
A motion was made by Commissioner Flescher, seconded by Vice Chairman  
Earman, to approve staff's recommendations. The motion carried by the  
following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
22-0677  
15.B.8.  
Adoption Agreement with US Ecology  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
the Adoption Agreement with US Ecology of Tampa, Inc.; and authorize the  
Chairman to execute the same, as presented  
Attachments: Staff Report  
Adoption Agreement with US Ecology of Tampa  
There was no discussion on this Item  
A motion was made by Vice Chairman Earman, seconded by Commissioner  
Flescher, to approve staff's recommendations. The motion carried by the  
following vote:  
3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher  
2 - Commissioner Adams, and Commissioner Moss  
Aye:  
Absent:  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 1:14 p.m.