HomeMy WebLinkAbout03/08/2022 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Meeting Minutes - Draft
Tuesday, March 8, 2022
9:00 AM
Commission Chambers
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
Shauna James, Clerk
Board of County Commissioners Meeting Minutes - Draft March 8, 2022
1. CALL TO ORDER
Present: 5 - 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
2.11. INVOCATION
Wesley Davis, IRC Property Appraiser
3. PLEDGE OF ALLEGIANCE
Commissioner Laura Moss
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS
Added: Item 5.13. STEAM Fest
Added: Item 5.0 Carolyn K. Eggert Economic Development Award
A motion was made by Commissioner Flescher, seconded by Commissioner Moss, to
approve the Agenda as amended. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 22-0057 Presentation of Proclamation Celebrating the 50th Anniversary of the Older
Americans Act Nutrition Program
Recommended Action: Recommend Read and Present
Attachments: Proclamation 50th Anniversary
Karen Deigl, CEO, Senior Resource Association (SRA), stated during the month of
March the SRA joins thousands of Meals on Wheels programs across America,
raising awareness about senior hunger and isolation. Ms. Deigl showed a video
highlighting the Older Americans Act Nutrition Program.
Read and Presented by Commissioner Moss
5.13. 22-0221 STEAM Fest
Chairman O'Bryan announced STEAM Fest (Science, Technology, Engineering,
Art and Math), sponsored by the Vero Beach Academy, would be held Saturday,
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Board of County Commissioners Meeting Minutes - Draft
March 12th at the Intergenerational Recreation Center.
Presented
5.C. 22-0222 Carolyn K Eggert Economic Development Award
March 8, 2022
Chairman O'Bryan applauded County Administrator Jason Brown for receiving the
Carolyn K. Eggert Economic Development Award. County Administrator Brown
spoke on the tremendous honor it was to receive the award for the Small Business
Assistance Program with Cares Act dollars. He thanked the Board, staff, and
partners at the Chamber of Commerce and Indian River State College for helping
him achieve this award.
Presented
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the Consent Agenda as amended, pulling Items 8.D. and 8.F. for
discussion. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
8.A. 22-0174 First Extensions and Amendments to Disaster Debris Management Services
Agreements
Recommended Action: Staff recommends the Board approve the Sample Extension and Amendment and
authorize the Chairman to sign it after the County Attorney has approved it as to
form and legal sufficiency.
Attachments: Staff Report
Sample First Extension and Amendment
Approved staffs recommendation
8.B. 22-0179 First Renewals to Agreements for Custodial Services at County -Owned Facilities
Recommended Action: Staff recommends the Board approve the Sample First Extension and authorize the
Chairman to execute them after review and approval by the County Attorney as to
form and legal sufficiency.
Attachments: Staff Report
Sample First Extension
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Board of County Commissioners Meeting Minutes - Draft March 8, 2022
Approved staffs recommendation
8.C. 22-0173 Authorizing Resolution to Delegate Signature Authority for Grant Applications to
Various Agencies
Recommended Action: Staff recommends the accompanying Authorizing Resolution be approved for the
Chairman's signature delegating signature authority for various agency grant
application submittals to the Public Works Director and Assistant Public Works
Director
Attachments: Staff Report
Authorizing Resolution
Approved Resolution 2022-014, authorizing the Board to delegate specific signature
authority for various agency grant applications to the Indian River County Public
Works Director and Assistant Public Works Director.
8.D. 22-0185 FDOT Small County Outreach Program (SCOP) Agreement and Resolution for
Construction (Milling and Resurfacing) and Construction Engineering Inspection
(CEI) Services of CR-603/Indian River Boulevard from Merrill Barber Bridge to
53rd Street
Recommended Action: Staff recommends the Board of County Commissioners approve the Small County
Outreach Program (SCOP) Agreement and Resolution and authorize the Chairman
to execute the same.
Attachments: Staff Report
Grant Form
Authorizing Resolution
FDOT SCOP Agreement
Chairman O'Bryan sought and received confirmation from Public Works Director
Richard Szpyrka on the correct grant amount for the Florida Department of
Transportation (FDOT) Small County Outreach Program (SCOP) agreement.
Director Szpyrka explained the funding received was a reimbursement of up to $3.4
million. He acknowledged the typing error in the document of $1,123,302, which
should have read $3,369,906.
A motion was made by Commissioner Adams, seconded by Commissioner Flescher,
to approve Resolution 2022-015, authorizing the Chairman's execution of Small
County Outreach Program (SCOP) agreement with the Florida Department of
Transportation for Construction (milling and resurfacing); and Construction
Engineering Inspection (CEI) Services of CR-603/Indian River Boulevard from Merrill
Barber Bridge to 53rd Street. The motion carried by the following vote:
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Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
8.E. 22-0176 Appointments to the Economic Opportunities Council of Indian River County, Inc.
Recommended Action: The County Attorney recommends that the Board reappoint Jennifer Proper, Teddy
Floyd and Jeanette Anderson and appoint Leonard Frankel to the Economic
Opportunities Council of Indian River County, Inc.
Attachments: Staff Report
Approved staffs recommendation
8.F. 22-0180 Award of Bid 2022031 for Utilities Water/Wastewater Fire System Improvements
Recommended Action: Staff recommends the Board award Bid 2022031 to I st Fire & Security, Inc.,
approve the Agreement, and authorize the Chairman to sign the agreement after it
has been approved by the County Attorney as to form and legal sufficiency.
Attachments: Staff Report
Agreement
Commissioner Adams welcomed Sean Lieske, the new Director of Utility Services.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
8.G. 22-0195 Change Order to All Webbs Enterprises, Inc., for the Well Field Feasibility
Expansion Study
Recommended Action: Staff recommends that the Board of County Commissioners approve the deductive
change order in the amount of $211,465, leaving a revised total agreement with All
Webbs Enterprises, Inc., in the amount of $780,635, and authorize the Chairman to
execute the change order on their behalf
Attachments: Staff Report
AWE Change Order No 1
Approved staffs recommendation
8.H. 22-0196 Authorizing the Purchase Order No. 92697-00, Increase for the Renovation of the
Myrtha Skin Liner at the North County Aquatic Center by A and W Flooring Inc.
Recommended Action: Staff respectfully recommends that the Indian River County Board of County
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Commissioners authorize the Purchasing Division to increase Purchase Order No.
92697-00 to A and W Flooring Inc. for the replacement and renovation of the
Myrtha Skin liner at the North County Aquatics Center and authorize the County
Administrator to approve unanticipated costs associated with this project, up to
$400,000.
Attachments: Staff Report
Performance Bond Cost Estimate
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
11.A. 22-0194 Environmental Land Bond Referendum
Recommended action: Staff recommends that the Board of County Commissioners: 1. Approve the
proposed resolution authorizing the referendum and take any other necessary
actions to have the matter placed on the November 8, 2022 ballot, 2. Direct staff to
update the Environmental Lands Program Guide prior to the referendum, and 3.
Provide direction to staff on the process to prioritize properties for purchase.
Attachments: Staff Report Land Bond
Resolution Authorizing Referendum
Environmental Land Bond Program Guide
County Administrator Jason Brown referred to his memorandum dated February 28,
2022, and gave a brief history of the process leading up to the Environmental Land
Bond Referendum.
Commissioner Flescher made comments as to real estate prices being at their
highest point in the history of the United States and doubted this was the time to be
purchasing conservation land. He did not believe it was appropriate or fair to
commit taxpayers for the next twenty years; he thought it would be more prudent to
put tax dollars into services for the health, safety, and welfare of citizens of Indian
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River County and not for conservation land.
Vice Chairman Earman stated he did not want to miss the opportunity to purchase
conservation land. He suggested the County would not have to spend the money
right away, and the County would have twenty years to do so. He put forth some
ideas on who would make up the working group.
Chairman O'Bryan sought and received confirmation from County Administrator
Brown, the County would need to certify a plan to spend the tax-exempt municipal
bond proceeds within three (3) years. The Board could potentially split the fifty
million dollars ($50,000,000) into two (2) issues. He offered an example of how
that could be done. County Administrator Brown explained the projected millage
for the entire fifty million dollars ($50,000,000) was .175 mills. Ona home with a
$250,000 taxable value, the annual tax impact would be forty-three dollars ($43).
Therefore, on a twenty-five million dollar ($25,000,000) issue, it would be half that
amount.
Commissioner Adams was of the opinion the focus should be on the goal of the
bond, and what properties were going to help the County achieve that goal. She
was supportive of a collaborative process between the stakeholders and the County,
and felt the working group should not be comprised of official Commissioner
appointees. She added, the County should not compete against other government or
non -profits to preserve the same lands.
Commissioner Moss stated the referendum came not a moment too soon and
referenced the Land Use Vision Study, which ranked preserving environmentally
sensitive land as the highest priority. Commissioner Moss referred to an email
from the current working group of Ken Grudens, David Cox, Dan Lamson, and
George Glenn, dated March 5, 2022, of proposed changes to Section 13 of the
Resolution, noting the language in the resolution did not match the referendum.
Commissioner Moss put forth her ideas on who would make up the working group.
Commissioner Adams expanded on the downfalls of Commissioner appointed
members for the working group. She added, the working group should have the
knowledge and background to evaluate the property and would serve better when
vetting and assessing properties.
Chairman O'Bryan recalled his meeting with Mr. Glenn on the proposed language
change in Section 13 of the resolution. In the language, staff supported
improvements, preservation, and restoration of the land. The word "Initial" was
inserted to make clear there would not be ongoing maintenance, and he requested to
strike out the following: "remediation and reclamation"; "or enhance"; and "restore
such property to its natural state".
Chairman O'Bryan opened the discussion to the public.
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Mr. Glenn spoke in support of the proposed language change to Section 13. He did
state however, the working group did take issue with the language "Restoration of
Natural Water Flows" as it was unknown what land might be purchased. He
proposed adding the language "Removal of invasive exotic vegetation". He agreed
with Chairman O'Bryan that the lands purchased would need improvements for the
public to be able to access them, which could include boardwalks, trails, parking
spaces, and restrooms.
Chairman O'Bryan received information from Assistant Director of Parks and
Conservation Resources Beth Powell on what the County could do differently in
future land purchases. Assistant Director Powell described in detail the fire
maintenance required in pyrogenic communities, the current budget for mechanical
work, and the cost of preserving large tracts of land. She added when looking at
pristine lands or water quality sites, the County might be better served to consider
the cost of restoration in the purchase price.
Additional comments were exchanged among the Board regarding the County's
goal to conserve property, initial improvements, as well as maintenance of said
property.
A motion was made by Commissioner Adams, seconded by Commissioner Moss, to
approve Staffs recommendation as modified: 1) Approve Resolution 2022-016,
calling a Bond Referendum Election for the issuance of general obligation bonds;
providing the form of the ballot title and the Bond Referendum question; providing
for places of voting, printing of ballots and Bond Referendum Election procedure;
providing for effect of referendum results; providing for a general description of the
projects to be funded by the bonds issued pursuant to the Bond Referendum;
providing authorization for necessary action; providing for severability; and
providing for an effective date; 2) the Chairman's proposed language changes to
Section 13; 3) direct staff to update the Environmental Lands Program Guide; 4)
direct staff to return with a proposal for a working group. The motion carried by the
following vote:
Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner
Moss
Nay: 1- Commissioner Flescher
The Chairman called a recess at 10:40 a.m., and reconvened the meeting at 10:47
a.m., with all members present.
12. DEPARTMENTAL MATTERS
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A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
12.G.1. 22-0184 Sector 7 Beach and Dune Restoration Project Easement Status and Project
Recommended Action: Staff recommends Option 3 to the Board. The easement issue is at an impasse
and while staff continues to reach out to property owners to obtain easements,
there is very little chance that the County will obtain enough easements to make
the project viable. Additionally, staff has been unable to locate property that
could be used for construction access to the Sector 7 beach, thereby
substantially increasing the cost for the project even if easements are obtained.
Attachments: Staff Report
Letter from BPSAC in support of Option 2
Director of Public Works Richard Szpyrka, in a PowerPoint presentation,
provided background on the Sector 7 Beach and Dune Restoration Project. He
pointed out the project area contained 82 properties and indicated there was no
public beach access within the Sector 7 project area. He provided the current
status of easement agreements, noting since April 2021, the County had only
gained three additional signed easements. Director Szpyrka provided the
Board with three (3) options for the Board to consider moving forward. He
added, County staff had presented the Sector 7 options to the Beach and Shore
Preservation Advisory Committee (BSPAC) on February 28, 2022. The BSPAC
submitted a letter to the Board with a recommendation to pursue option two (2)
of staff's recommendations.
Commissioner Flescher received clarification from County Attorney Dylan
Reingold that beach accessibility in Sector 7 was for improvements only and
that it did not provide provisions for any public access to the beach. Attorney
Reingold pointed out that the public easements the County sought from the
property owners had three (3) main components: 1) allow for the construction
of the project; 2) allow for the survey of sea turtles within the project; 3) allow
for the customary use of the beach by the public. Attorney Reingold reiterated
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the third component was an acknowledgment that the public could continue to
use the beach as it had traditionally.
A discussion followed noting the BSPAC and staff's frustration with the
process. Commissioner Susan Adams asked for information from Director
Szpyrka on whether funding would be available if the County sought another
extension in order to obtain additional easements. Director Szpyrka explained
the funding had been allocated for the project, but he could not guarantee the
funding would still be there as Federal Emergency Management Agency
(FEMA) may not approve a third extension.
Commissioner Laura Moss thanked Director Szpyrka for the huge effort made
towards the project and was hopeful the project would be completed.
Commissioner Moss was supportive of option 2.
Chairman Peter O'Bryan referred to staff's report in regard to the estimated cost
of the project, and the cost the County would have to generate after the grant to
put sand on a beach that has zero public access. Chairman O'Bryan found it
incomprehensible the property owners could not see the benefit in protecting
their homes and refused to sign the easement. Chairman O'Bryan was
supportive of option 3.
Chairman O'Bryan asked if there was anyone from the public that wished to
comment.
The following people appeared before the board to voice their concerns on the
Sector 7 Project options, and urged the Board to continue to move forward with
the Sector 7 Project.
Jim Field
Laurie Barkhorn
Doug DeMuth
Following public input, Commissioner Flescher inquired about the impact of
renegotiating the easements in Sector 7. Attorney Reingold stated it could be
done, although it could create issues with those who have already signed the
perpetual easements from other County beach projects.
A motion was made by Commissioner Flescher, seconded by Commissioner
Moss, to approve Option 2: 1) Determine the project not be constructible this
year; 2) Do not pursue pre -construction monitoring; 3) Potentially pursue
construction in the 2023/2024 construction window; 4) Seek extensions on
funding. The motion carried by the following vote:
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Aye: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Nay: 1 - Chairman O'Bryan
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 22-0189 Sale of 0.07 Acre Parcel of land on Old Dixie Highway to MJMC-2 LLC
Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real
Estate to MJMC-2 LLC for the price of $1,500.00 and authorize the Chairman to
execute the Agreement and Addendum with MJMC-2.
Attachments: Staff Report
Aerial Photo
Agreement to Purchase and Sell Real Estate
Addendum to Agreement
Deputy County Attorney Bill DeBraal displayed an aerial photo to describe the
County's 0.07 acre parcel of unimproved land located on the east side of Old Dixie
Highway between 39th and 41 st Street, which the County had acquired by tax deed.
Attorney DeBraal informed the Board the County was approached by WHPQ Inc.
and MJMC-2, LLC seeking to purchase the parcel for development with a nearby
parcel for auto storage. MJMC-2, LLC also petitioned for abandonment of an
adjacent right-of-way, so it may be combined with the other parcels. He noted a
purchase price was negotiated with the contingency the Board would approve the
right-of-way abandonment. Attorney DeBraal added that the abandonment
petition would be brought back before the Board after the required public notice
was given.
A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher,
to approve staff's recommendation. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
13.B. 22-0192 Authorization to Proceed with Foreclosures on Code Enforcement Case Numbers:
2018020108 (Yates); 2017080035 (Palmer, 14th Avenue); and 2017040072 (Family
Dollar)
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.
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Attachments: Staff Report
Yates -Order Imposing Fine - Case No. 2018020108
Palmer - Order Imposing Fine - Case No. 2017080035
Family Dollar - Order Imposing Fine - Case No. 2017040072
Assistant County Attorney Susan Prado asked the Board for their consideration to
move forward with the foreclosure proceedings on the following Code Enforcement
case number, 2018020108 (Yates). Assistant County Attorney Prado presented
evidence on non -homestead properties of which there was a Code Enforcement lien
recorded longer than three (3) months, and the required corrective action had not
been taken as ordered. Assistant County Attorney Prado gave a brief history and
noted the foreclosure was based on a Code Enforcement Board (CEB) order from
2018, including liens from a 2018 Environmental Control Hearing Board (ECRB)
order.
Ms. Dallasteen Yates, the representative for the Estate of Dallas and Jane Yates,
stated she had retained new probate counsel, Attorney Fran Ross, who was unable
to attend. Ms. Yates told the Board that as of last week she had been able to bring
the properties into compliance. All of the buildings were boarded up, and the
grounds had been cleaned. She indicated she had sent pictures to the County
showing the condition of the properties. Ms. Yates stated the structure on the
property that burned in November 2021 was in the permitting process to be
demolished. She also informed the board she was in a position to pay the liens and
negotiate the fines on the Wabasso property. Ms. Yates mentioned the County had
been approached by the Title Company in February 2022, to request a partial
release of the lien in order to sell a separate piece of property in the estate. She
stated the request was denied by Staff.
Chairman O'Bryan sought confirmation from Assistant County Attorney Prado that
the property had come into compliance. Assistant County Attorney Prado responded
she could not confirm the property was in compliance, stating that neither the
Attorney's Office nor Code Enforcement had received any documentation from Ms.
Yates. In response to a question by Chairman O'Bryan, Ms. Yates stated she was
in the process of obtaining a permit to demolish the burned building.
County Attorney Dylan Reingold disclosed to Ms. Yates that Attorney Fran Ross
had reached out to Assistant County Attorney Prado and asked to speak to the
County Attorney; he confirmed he had left her a message on Tuesday, March 5th.
A discussion ensued between Commissioner Joe Earman and Assistant County
Attorney Prado in regard to the three (3) properties in violation, including the septic
tanks which had to be abandoned and the tenants who had to leave due to
unsanitary conditions. Commissioner Earman commented he appreciated Ms.
Yates' efforts to clean up the property and was willing to give Ms. Yates a 30 -day
extension if it would help get the property in compliance.
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Assistant County Attorney Prado spoke to clarify procedural items with regard to
Ms. Yates' statement of staff denying the lien release, giving emphasis this was not
a staff decision. Assistant County Attorney Prado confirmed the title company had
requested a partial lien release on one of the estate properties. She informed the
Title Agent the matter would have to be heard by the Code Enforcement Board
(CEB). She indicated the partial lien release request was presented at the Code
Enforcement Board (CEB) hearing on February 28, 2022, resulting in the request
being denied.
Commissioner Susan Adams stated she would be willing to allow for a seven (7)
day extension for the permit application process, to bring the property into
compliance, and for staff to verify the property compliance status.
Building Official Scott McAdam advised the Board a permit application had not
been submitted to his department for the address in question. Ms. Yates responded
the person who was hired to do the clean-up, had told her he was going to pull the
permit last week. Chairman O'Bryan informed Ms. Yates she had seven (7) days to
bring the property into compliance, and to have the permit application in process.
A motion was made by Commissioner Adams, seconded by Commissioner Flescher,
to approve a seven (7) day extension on the foreclosure on the estate of Dallas &
Jane Yates C/O Dallasteen Yates and direct staff to verify the compliance status and
confirm a permit had been submitted and processed. The motion carried by the
following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
Assistant County Attorney Susan Prado provided background information on the
following Code Enforcement case number, 2017080035 (Palmer, 14th Ave).
There were no speakers on behalf of case number: 2017080035 (Palmer, 14th Ave).
A motion was made by Commissioner Adams, seconded by Commissioner Flescher,
to approve moving forward with foreclosure on Michael S. Palmer and Kelly Palmer
(Palmer 14th Ave). The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
Assistant County Attorney Susan Prado brought forward the foreclosure
proceedings on the Code Enforcement case number, 2017040072 (Family Dollar).
Attorney Kate Cooper, representing Family Dollar, stated she had first received
notice from the property owner three (3) weeks ago. She reached out to the County
and attended the Code Enforcement hearing to request a sixty (60) day extension to
address the issues of trash and debris accumulating in the parking lot as well as
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landscaping that did not adhere to the site plan. Attorney Cooper summarized
what had been done to the property to bring it into compliance and had pictures
available on her phone. She stated the property owner was awaiting bids from
contractors to get the landscaping in compliance with the site plan.
Chairman O'Bryan offered a period of thirty (30) days to come back before the
Board to show the progress, and the Board would revisit the issue at that time.
Commissioner Susan Adams stated nothing been done with the property for the last
five (5) years and only since the foreclosure was filed was anything done to bring
the property into compliance. She was disinclined to grant an extension.
Attorney Cooper asked the Board for an additional sixty (60) days to bring the
property in compliance. Chairman O'Bryan responded staff could "slow walk" the
process of filing the foreclosure to allow thirty (30) days for her to return to the
Board with solid documentation on the progress.
Commissioner Moss sought and received clarification on the processing time to file
the foreclosure paperwork and that it would not happen within the thirty -day
window.
Mr. Terry Valek, District Manager for Family Dollar, informed the Board he started
to correct the issues as soon as he received the letter three (3) weeks ago.
Chairman O'Bryan rebuked the notion that Mr. Valek had only become aware of the
property being non-compliant three (3) weeks ago when he received the foreclosure
notice.
County Administrator Jason Brown urged the Board to move ahead with the
foreclosure, and authorize staff to slow -walk it through the process. He agreed
with Commissioner Adams that the only reason this was before the Board was due
to the threat of foreclosure.
Chairman O'Bryan opened the item to public discussion
Linda Morgan spoke about how important this Family Dollar location was to the
Gifford community. She urged the Board to work with Family Dollar to keep this
store open.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve directing staff to move forward with the foreclosure, but to "slow -walk"
the process to allow time for Family Dollar to come into compliance. He also
requested that this item return before the Board with an update at their April 12, 2022
meeting. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Draft March 8, 2022
Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
13.C. 22-0193 Update
Attachments: Staff Report
[Clerks Note: This Item was heard following Item 12. G. I.]
County Attorney Dylan Reingold briefed the Board on the status of the Chapter 164
mediation with the City of Vero Beach (City). County Attorney Reingold made it
clear that after the release of the feasibility study, the Town of Indian River Shores
(Town) was still interested in exploring all options, including being served by the
County after its franchise agreement with the City expired.
The City of Vero Beach Mayor, Robbie Brackett, stated the City had been waiting
for the release of the feasibility study before moving forward with putting together
the conditions for the Town to be served by the County. Mayor Brackett confirmed
what Attorney Reingold had stated to be correct.
No Action Taken or Required
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
B. Commissioner Joseph H. Earman, Vice Chairman
14.B.1. 22-0175 Request the Board consider directing the County Attorney to start the process of
establishing an MSBU for the Pine Tree Park Subdivision
Recommended Action: Discuss
Attachments: Commissioner's Memo
Vice Chairman Joe Earman brought forth discussion to request the Board, along
with assistance from the County Attorney and the Public Works Department, to
consider a Municipal Services Benefit Unit (MSBU) be established for Pine
Tree Park subdivision primarily to improve drainage. He stated there were
issues with elevation drainage that could not be cured due to the new building
codes and requirements from the Health Department. Vice Chairman Earman
applauded Aaron Sunderlin and the Pine Tree Park community for their efforts.
He commented the majority of the residents would like to move ahead with
establishing the MSBU, and asked the Commission to direct staff to explore
this area.
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Commissioner Susan Adams solicited information on the proposal from Vice
Chairman Earman as to the process for establishing an MSBU for drainage.
Vice Chairman Earman commented he would refer this question to the
professionals and had a brief discussion as to the drainage issues.
Public Works Director Richard Szpyrka stated the drainage issues were related
to rear yard drainage, which was never constructed. He stated the Public
Works Department was going ahead with an analysis, and voiced his concerns
over the utilities, power poles, and trees located in the rear yards of the
properties.
Commissioner Adams stated she would be happy to support Vice Chairman
Earman's request. She also asked that at the community meetings for Pine Tree
Park, for staff to make certain the residents clearly understood the possible
impact on their property.
A motion was made by Vice Chairman Earman, seconded by Commissioner
Flescher, to approve directing staff to explore establishing a MSBU for the Pine
Tree Park Subdivision. The motion carried by the following vote:
Aye: 5 - 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
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 1:15 p.m.
Indian River County Florida Page 15