HomeMy WebLinkAbout05/17/2022Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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Meeting Minutes - Final
Tuesday, May 17, 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 to the Board
Board of County Commissioners Meeting Minutes - Final May 17, 2022
1. CALL TO ORDER
2. ROLL CALL
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.B. INVOCATION
Pastor Richard Demsick, Freedom Church
3. PLEDGE OF ALLEGIANCE
Commissioner Laura Moss
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Added: Item 7.17. Information on visioning workshops for future land use strategies.
A motion was made by Commissioner Moss, seconded by Commissioner
Flescher, 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. 22-0405 Presentation of Proclamation Honoring Stephanie Laughton Pooley on her Retirement
from the Indian River County Office of the Tax Collector
Recommended Action: Read & Present
Attachments: Proclamation - Stephanie Laughton Pooley
Ms. Stephanie Laughton Pooley was joined by Carole Jean Jordan, Tax Collector,
Jeffery R. Smith, Clerk of the Circuit Court & Comptroller, and staff from the Tax
Collector's office. Also in attendance was former Tax Collector Karl Zimmermann.
Ms. Pooley stated she was honored to have served the public and thanked the Board
for the recognition.
Read and Presented by Chairman O'Bryan
S.B. 22-0303 Presentation of Proclamation in Recognition of Memorial Day, 2022
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Board of County Commissioners Meeting Minutes - Final May 17, 2022
Recommended Action: Read and Present
Attachments: Proclamation
[Clerks note: this discussion was heard in conjunction with Item IO.B.1.]
Vice Chairman Earman read the Proclamation in recognition of Memorial Day, 2022.
Curtis Paulisin of Vietnam Veterans of Indian River County (VVIRC) thanked the
Board for the Proclamation and engaged in a brief discussion with Commissioner
Flescher regarding the importance of remembering those who paid the ultimate price
for our freedom.
Read and Presented Vice Chairman Earman
5.C. 22-0331 Presentation of Proclamation Celebrating Florida's Emancipation Day Observance in
Indian River County on May 21, 2022
Recommended Action: Read and Present
Attachments: Proclamation
Ms. Jonnie Mae Perry, CEO Gifford Historical Museum and Cultural Center, was
joined by representatives from the Florida African-American Heritage Preservation
Network (FAAHPN), the Indian River County Historical Society, and the Indian
River County African-American community. Ms. Perry thanked the Chairman and
each Commissioner for the recognition of Florida's Emancipation Day in Indian River
County on May 21, 2022. Also present to accept the Proclamation was Centenarian
Ms. Lenora Williams.
Read and Presented by Commissioner Moss
5.D. 22-0352 Presentation of Proclamation Recognizing the Week of May 15-21, 2022, as
National Police Week
Recommended Action: Read and Present
Attachments: Proclamation
Indian River County Sheriff Eric Flowers thanked the Board for the Proclamation and
those who attended the annual Florida Memorial Ride and ceremony where fallen K9
officer Joker was remembered. He stated when the community takes time to say
thank you, it means a lot to the Deputies in the department.
Chairman O'Bryan remarked the ceremony was nice and the tribute to K9 Joker was
touching.
Commissioner Moss also commented she appreciated the reading of all the names of
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Board of County Commissioners Meeting Minutes - Final
5.E.
the fallen.
Read and Presented by Commissioner Flescher
22-0398 Presentation of Proclamation Designating The Week of May 23-30, 2022, as
National Beach Safety Week
Recommended Action: Read and Present
Attachments: Proclamation
May 17, 2022
Beach Operations Supervisor Captain Johnathan Billings thanked the Board for the
Proclamation. Captain Billings discussed the Junior Lifeguard Program and introduced
Kameron Keaton who just completed his EMT training and has joined Ocean Rescue
as a full-time lifeguard. He responded to Commissioner Adams's question, stating the
Junior Lifeguard Program starts at 9 years old and participants work their way
through the program. Ocean Rescue begins to recruit at 16 years old, and at 18
years old the applicants are able to join Ocean Rescue as a lifeguard. Captain Billings
mentioned there was a national lifeguard shortage and the public could learn more
about becoming a lifeguard at the North County or Gifford Aquatic Centers.
Read and Presented by Commissioner Adams
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
Commissioner O'Bryan acknowledged the following retirees and thanked them for
their service.
7.A. 22-0315 Proclamation Honoring Nancy Wood on Her Retirement From Indian River County
Board of County Commissioners Department of Community Development / County
Planning Division with Twenty -One Years of Service
Attachments: Proclamation
No Action Taken or Required
7.B. 22-0324 Proclamation Honoring Earl Hardwick on His Retirement From Indian River County
Board of County Commissioners Department of Public Works / Road & Bridge
Division with Twenty -Eight Years of Service
Attachments: Proclamation
No Action Taken or Required
7.C. 22-0325 Proclamation Honoring Helena (Ann) Rankin on Her Retirement From Indian River
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County Board of County Commissioners Human Resources Department with
Thirty -Four Years of Service
Attachments: Proclamation
No Action Taken or Required
7.D. 22-0326 Proclamation Honoring William Stevenson on His Retirement From Indian River
County Board of County Commissioners Department of Public Works / Road &
Bridge Division with Thirty -Three Years of Service
Attachments: Proclamation
No Action Taken or Required
7.E. 22-0382 Proclamation Honoring Dawn Wallis on Her Retirement From Indian River County
Board of County Commissioners Department of Community Development / Building
Division with Seventeen Years of Service
Attachments: Proclamation
No Action Taken or Required
7.F. 22-0426 Chairman Peter O'Bryan presented information on the visioning workshops for future
land use strategies being hosted by the Indian River County Metropolitan Planning
Organization.
Recommended Action: No Action Required
Attachments., Indian RiverWorkshops-Flyer-Revi sed -B
Chairman Peter O'Bryan announced the Indian River County Metropolitan Planning
Organization (MPO) was hosting a series of Visioning Workshops to gather the
community's input on alternative future land -use strategies for the County. The
information on the location and time of the workshops could be found on the Indian
River County's Website.
Chairman O'Bryan mentioned Larry Reisman, Community Editor and Columnist for
Treasure Coast Newspaper (TC Palm) had written several articles about the visioning
process and was hopeful it would generate public interest. He continued, Mr.
Reisman's article also disparaged the County Planning Department staff and
suggested the County could collaborate with other City planners to reach the goals
residents want. Chairman O'Bryan strongly disagreed with the article and pointed out
planning failures in those cities Mr. Reisman had mentioned. Chairman O'Bryan
praised the IRC Planning Department for the hard work they have done.
County Administrator Jason Brown echoed Chairman O'Bryan's praise for the IRC
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Planning Department. He was hopeful the article would create more attendance at the
workshops, however he felt the criticism of County staff was unwarranted.
Commissioner Laura Moss stated she attended the Visioning Workshop in Sebastian
and thanked everyone who participated. She revealed not only does the IRC
Planning Department host the Visioning Workshops, they have also brought this
information to the high schools to involve and educate students.
Commissioner Susan Adams revisited Mr. Riesman's suggestion to collaborate with
other city planners and referenced the first workshop had presentations by the City of
Sebastian, and the City of Vero Beach. She continued, it was incumbent upon the
community to coordinate what County's future was going to look like, and to come
together to create a vision for moving forward.
Joseph Paladin, Chair of the Land Use Committee of the Indian River Neighborhood
Association (IRNA), remarked the new Urban Service Line Awareness Committee
(USLAC) would be comprised of people in various positions in the community
working together to help guide future growth in Indian River County.
8. CONSENT AGENDA
Community Development Director Phil Matson thanked the Board on behalf of his
staff for the accolades. He stated staff was very dedicated and has worked hard for
the conservation of sensitive environmental land, affordable housing, a healthy
economy, and healthy agriculture.
No Action Taken or Required
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve the Consent Agenda as amended, pulling Items 8.G, 8.1-1., and
8.K 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. 22-0360 Designation of Excess Equipment as Surplus and Authorization for Disposal
Recommended Action: Staff recommends the Board approve the items on the Excess List for 051722 as
surplus, and authorize their disposal.
Attachments: Staff Report
Excess list for 051722
Approved staffs recommendation
8.B. 22-0378 First Extension and Second Amendment to Agreement for Annual Lift Station
Rehabilitation (Bid 2019047)
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Recommended action: Staff recommends the Board approve the first extension and second amendment to
the agreement and authorize the Chairman to execute it after the County Attorney has
approved it as to form and legal sufficiency.
Attachments: Staff Report
First Extension and Second Amendment
Approved staffs recommendation
8.C. 22-0379 DiVosta Homes, LP's Request for Final Plat Approval for Preserve at Waterway
Village POD "V" [PD -19-03-02 / 2004010124-90233]
Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval
for The Preserve at Waterway Village POD "V".
Attachments: Staff Report
Location Map
Final Plat Layout
Approved staffs recommendation
8.D. 22-0381 Request for Release of Conservation Easements in VeroLago Subdivision
Recommended Action: Staff recommends that the Board, through adoption of the draft resolution, approve
release of the conservation easements described in the draft resolution.
Attachments: Staff Report
Map of Easements Proposed for Release/Recordation
Draft Resolution Releasing Easement
Draft County Resolution Attachments
Approved staffs recommendation and Resolution 2022-026, releasing
Conservation Easements on Lots 159 and 172, Vero Lago subdivision Phase 3;
and Lots 144 and 145, Vero Lago subdivision Phase 4.
8.E. 22-0388 Vero Beach Ranches, LLC's Request for Final Plat Approval for Covington Run
Roadway Plat [SD -19-08-04 / 2018080006-87382] and Covington Run Affidavit of
Exemption [AOE-19-05-03 / 2018080006-83963]
Recommended Action: Staff recommends that the Board of County Commissioners grant final approval of the
Covington Run Roadway Plat, and by a separate motion, staff recommends that the
Board of County Commissioners grant final approval of the Covington Run Affidavit
of Exemption.
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Board of County Commissioners Meeting Minutes - Final May 17, 2022
Attachments: Staff Report
Location Map
Roadway Final Plat Graphic
AOE Graphic
Approved staffs recommendation
8.F. 22-0389 William H. Massagee, III and Lynn V. Massagee, Trustees of the Massagee
Revocable Trust Request for Approval of the Massagee Affidavit of Exemption
[AOE-21-07-02 / 2015030080-89610]
Recommended Action: Staff recommends that the Board of County Commissioners accept the dedication of
the limited access easement and authorize the chairman to execute the subject
Affidavit of Exemption.
Attachments: Staff Report
Location Map
Affidavit of Exemption Layout
Approved staffs recommendation
8.G. 22-0400 Stormwater Summer Camp
Recommended Action: Staff requests approval from the Board for Indian River County Stormwater to lead a
Summer Camp hosted by Pelican Island Audubon at the Audubon House
Attachments: Staff Report
[Clerks Note: This item was heard in conjunction with Item 8.H.]
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Earman, 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.H. 22-0386 Summer Camp Partnership with The Learning Alliance
Recommended Action: Staff requests approval from the Board to participate in the Moonshot Academy
Summer Program and authorizes the Chair to execute the MOU after review and
approval of the MOU by the County Attorney's office
Attachments: Staff Report
Moonshot Academy / IRC Summer Program MOU
Chairman O'Bryan commented the Stormwater Summer Camp and Moonshot
Academy Summer Program, in partnership with the Learning Alliance, was a great
opportunity and commended Stormwater Educator, Alexis Peralta for leading the
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8.1.
8.J
8.K
May 17, 2022
camp. Ms. Peralta stated she was very excited to host the Stormwater Summer
Camp and gave thanks to The Pelican Island Audubon Society for providing their
facility and van.
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Earman, 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
22-0401 Easement and Agreement for FPL Underground Distribution Facilities for Moorhen
Marsh Low Energy Aquatic Plant Systems (LEAPS) Headworks Structure
Recommended Action: Staff recommends that the Board of County Commissioners approve the
Underground Distribution Facilities Installment Agreement, the Underground
Easement, and the Notice of FPL Facilities (Form 360) and authorize the Chairman
to execute all.
Attachments: Staff Report
FPL Underground Dist Facilities Install Agreement
FPL Underground Easement (Business)
Notice of FPL Faciilities (Form 360)
FPL Design for Overhead and Underground
Approved staffs recommendation
22-0402 Amendment No. 2 to Work Order No. 27 - Kimley Horn and Associates, Inc., Dick
Bird Park Pickleball Complex, IRC -2204
Recommended action: Staff recommends approval of Amendment No. 2 to Work Order No. 27, with
Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in
Exhibit B in the amount of $20,200 and requests the Board of County Commissioners
authorize the Chairman to execute Amendment No. 2, Work Order No. 27.
Attachments: Staff Report
Amend 2 to WO 27, KHA
Approved staffs recommendation
22-0399 Approval of Revised Agreement for Use of Facilities with Indian River County and
the School Board of Indian River County
Recommended Action: Staff respectfully recommends the Indian River County Board of County
Commissioners accept the Agreement for Use of Facilities between the School Board
of Indian River County and Indian River County, Florida and authorize the Chairman
to execute the agreement after review by the County Attorney for legal sufficiency.
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Attachments: Staff Report
Agreement for Use of Facilities
May 17, 2022
Vice Chairman Joe Earman stated his approval of a revised agreement between
Indian River County and the School Board of Indian River County as a great move to
allow for the shared use of facilities for softball, baseball, and other activities. He
encouraged Chairman O'Bryan or the County Administrator to draft a letter to allow
schools to open their playgrounds and open space for the public's use after hours and
on weekends.
Assistant Superintendent of Student Affairs, Advocacy & Access, Eric Seymour,
stated safety was the primary goal at school facilities. He indicated the use of facilities
could create more opportunities not only for programs but for kids and students as
well. Chairman O'Bryan made a suggestion for Vice Chairman Earman to work with
Assistant Superintendent Seymour and County Attorney Dylan Reingold to draft a
letter supporting the public's use of school facilities and bring it back under an item for
approval in a future meeting.
A motion was made by Vice Chairman Earman, seconded by Commissioner
Flescher, 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.L. 22-0384 Award of Bid 2022045 for Hallstrom Farmstead Revegetation
Recommended action: Staff recommends the Board Award bid 2022045 to Sandhill Environmental
Services, LLC, authorize the Chairman to sign the sample agreement after approval
by the County Attorney as to form and legal sufficiency, and authorize the Parks and
Recreation Division to coordinate with the contractor to maximize the plant coverage
possible under the bid and below the $75,000 not to exceed award.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
8.M. 22-0385 Award of Bid 2022033 for Round Island Beach Park Prefabricated Aluminum
Lifeguard Tower
Recommended action: Staff recommends the Board award bid 2022033 to Bausch Enterprises, Inc.,
approve the sample agreement, and authorize the Chairman to execute it, after review
and approval by the County Attorney, as to form an legal sufficiency. Staff further
recommends that the board authorize the Budget Office to make up any difference in
funded needed for the project through a future cash forward budget amendment.
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Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1 22-0387 Local Option Gas Tax Distribution Percentages (Legislative)
Recommended action: Staff recommends approval of the 2022/2023 revenue distribution percentages
Attachments: Staff Report
Code chapter 209.04
LOGT Chart -Spreadsheet
Public Hearing Advertisement
April 2022 Sample Letter to Municipalities
[Clerks note: this item was heard after 10.B.1]
Public Works Director Richard Szpyrka summarized the Local Option Gas Tax
Distribution Percentages for the following year 2022/2023, he noted Chapter 209 of
the Indian River County Code required the County to conduct a Public Hearing for
the distribution of the gas tax to the five (5) municipalities. The City of Sebastian
requested a discussion regarding the distribution rates. They were advised the
process involved changes to the Ordinance and they were past the point of having
any changes made for 2022/2023 revenue distribution.
Director Szpyrka responded to Commissioners Moss' question as to the duration of
this approval, he stated it was for one year.
The Chairman opened the public hearing. There being no speakers, the Chairman
closed the public hearing.
County Administrator Jason Brown agreed to meet with the municipalities to
address their requests for future changes to the Ordinance.
A motion was made by Commissioner Adams, seconded by Chairman
O'Bryan,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
10.A.2 22-0392 Consideration of a Proposed Land Development Regulation Amendment to
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Board of County Commissioners Meeting Minutes - Final May 17, 2022
Section 930.07 to Require New Manufactured Homes within the Flood Hazard
Area, Coastal High -Hazard Areas, or Coastal A Zones to be Elevated One Foot
Above Base Flood Elevation (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners adopt the proposed
manufactured home flood zone ordinance
Attachments: Staff Report
Draft Ordinance - 930.07 Clean Version
Public Works Director Richard Szpyrka asked for consideration to amend the
wording of Section 930.07 for the raising of manufactured mobile homes to be (1)
foot above the base flood elevation in flood hazard areas, coastal high -hazard
areas, or Coastal A Zones. He explained the change was needed to maintain
minimum prerequisite for participation in the National Flood Insurance Program's
Community Rating System (CRS).
The Chairman opened the public hearing. There being no speakers, the Chairman
closed the public hearing.
Director Szpyrka responded to Commissioner Flescher's query that the
modification to the language meant elevating only the frame of the mobile home;
the earth beneath the home would not be altered. He commented staff had
reached a Class 5 CRS rating which meant a 5% reduction in insurance rates for
all City residents.
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Earman, to adopt Ordinance 2022-006, amending sections 930.07 (review
criteria for all development projects) of Chapter 930 (stormwater
management and flood protection) of the code of Indian River County in
order to update requirements pertaining to manufactured homes; providing
for conflict and severability; providing for codification and providing for an
effective date. The motion carried by the following vote:
Aye: 5 - Chairman O'Bryan Vice Chairman Earman, Commissioner Adams,
Commissioner Flescher, and Commissioner Moss
10.A.3 22-0409 Children's Services Advisory Committee Ordinance (Legislative)
Recommended Action: The County Attorney's Office recommends that the Chair open the public
hearing, take any public comment, close the public hearing and that the Board
vote to approve the revised draft ordinance.
Attachments: Staff Report
Children's Services Advisory Committee Ordinance
Pursuant to the Board's requested changes, County Attorney Dylan Reingold
commented staff had made the change to the Children's Services Advisory
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May 17, 2022
Committee portion of the Ordinance Code to include business experience as a
qualification for community members appointed by the Board, as well as increase in
the millage cap from 0.125 to 0.25.
A discussion ensued for clarification of Section 103.27 regarding children's
services being economically and efficiently provided by the County. It was
determined the section stated the County may provide funding if the need was
there.
The Chairman opened the public hearing. There being no speakers, the Chairman
closed the public hearing.
A motion was made by Commissioner Adams, seconded by Chairman
O'Bryan, to adopt Ordinance 2022-007, amending Part II (Children's Services
Advisory Committee) of Chapter 103 (Commissions and Boards) to update
various aspects of the Children's Services Advisory Committee, including
membership, funding and distribution of funds; and providing for codification,
severability, repeal of conflicting provision; and an effective date. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,
Commissioner Flescher, and Commissioner Moss
10.A.4 22-0410 Irrigation Ordinance (Legislative)
Recommended Action: The County Attorney's Office recommends the Indian River County Board of
County Commissioners open the public hearing, take any public input, close the
public hearing and vote to approve the revised draft ordinance.
Attachments: Staff Report
Model Updated Water Conservation Ordinance
Affidavit of Publication - Irrigation Ord.
County Attorney Dylan Reingold stated St. Johns River Water Management
District (SJRWMD) was presented with the recommended changes to the
Irrigation Ordinance the Board had discussed at their May 03, 2022 meeting.
SJRWMD staff did not support the wording change of `Daylight Saving
Time/Standard Time', to `Months', nor supported the definition of `new
landscaping', and believed the changes exceeded the regulation requirements.
Attorney Reingold also stated additionally, as per the direction of the Board,
changes were made to the penalty provision.
The Chairman opened the public hearing. There being no speakers, the Chairman
closed the public hearing.
Commissioner Flescher sought and received confirmation from Attorney Reingold
that SJRWMD and their Attorney had given the green light on the Ordinance as
presented.
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Chairman O'Bryan called upon Director of Utility Services, Sean Lieske to have
staff develop an educational brochure outlining the new irrigation landscape
schedule.
Commissioner Laura Moss stated she was in agreement with the Board with the
exception of the penalty provision.
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Earman, to adopt Ordinance 2022-008, creating Chapter 319 (water
conservation ordinance for landscape irrigation) of the code of Indian River
County providing for local implementation of the water conservation rule for
landscape irrigation of the St Johns River Water Management District;
providing definitions; providing the landscape irrigation schedules; providing
exceptions to the landscape irrigation schedules; providing for waivers from
the specific day of the week limitations; providing for applicability of the
ordinance; providing for enforcement of the ordinance; providing for
penalties for violation of the Ordinance; providing for conflict and
severability; providing for codification; and providing for an effective date.
The motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and
Commissioner Flescher
Nay: 1 - Commissioner Moss
B. PUBLIC DISCUSSION ITEMS
10.8.1 22-0408 Request to Speak from Curtis Paulisin, Vietnam Veterans of Indian River County,
Inc. re: 2022 Mary Snyder Annual Golf Tournament
Recommended Action: No action required
Attachments: Golf Tournament Flyer
[Clerks note: this Item was heard prior to Item 10.A.1]
Mr. Paulisin introduced Mary Ann Koenig, Editor; Vince McNally, Secretary for
VVIRC; Vic Diaz, Co-founder of VVIRC, to speak. Each demonstrated, through
personal experience, the importance of continued support for veterans. Mr. Diaz
mentioned how the Mary Snyder Annual Golf tournament had provided help over
the years to deliver the necessary assistance to the VietnamVeterans in Indian
River County and how the mission of VVIRC was to service those who beared
the cost of freedom. Mr. Paulisin thanked Assistant County Administrator Mike
Zito, Director of Golf Operations Bella Nagy, and the Board for their continued
support for the Mary Snyder Annual Golf Tournament scheduled for June 18,
2022.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
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10.C.1 22-0380 Notice of Scheduled Public Hearing for a Proposed Farm Based Rum Distillery
(Agricultural Industry) with Associated Accessory Residential Units
Recommended action: The referenced public notice item is provided for the Board's information. No
action is needed at this time.
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
10.C.2 22-0383 Notice of Public Hearing Scheduled for June 7, 2022 Board Meeting for a
Rezoning from A-1, Agricultural -1 District to IG, General Industrial District
Recommended Action: The referenced public notice item is provided for the Board's information. No
action is needed at this time.
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
10.C.3 22-0391 Public Notice of Public Hearing for June 7, 2022, for Ordinance Regarding the
Oslo Park Street Paving District MSBU
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
10.C.4 22-0393 Notice of Scheduled Public Hearing for June 7, 2022: Fischer Right -of -Way
Abandonment
Recommended action: The referenced public notice item is provided for the Board's information. No
action is needed at this time.
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
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B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
F. Office of Management and Budget
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 22-0396 Fire Station # 13 - Removal of Fire Tower
Recommended Action: The County Attorney's Office recommends the Indian River County Board of County
Commissioners vote to approve the draft resolution.
Attachments: Staff Report -Fire Tower
Resolution for Fellsmere Fire Tower
County Attorney Dylan Reingold presented Resolution 2022-027 authorizing the fire
tower located at Fire Station 13 to be transferred to the City of Fellsmere in mid-June or
July. He noted staff would need additional time to deliver due to
procurement/permitting issues; once resolved the transfer to the City of Fellsmere
would be completed.
Vice Chairman Earman commented it was a sad day for 4th Street and 43rd Avenue
to not see the fire tower anymore, although it was good to keep the tower within the
County and a great addition to the City of Fellsmere.
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve Resolution 2022-027, finding the sale of the Fire Tower at Fire
Station #13 to the City of Fellsmere is in the best interests of the citizens of Indian
River County, Florida. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
13.B. 22-0411 Settlement of Lease Interest for Parcel 132 Tenant B&B Farms, Inc. d/b/a
Countryside Citrus, 6555 81st Street
Recommended Action: Staff recommends that the Board approve the proposed settlement of all claims and
costs of B&B Farms, Inc. d/b/a Countryside Citrus in this law suit in the amount of
$15,000 and authorize outside counsel to proceed with preparation and execution of
the necessary court documents needed to settle the case and conclude the law suit.
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Attachments: Staff Report
Parcel 132 Sketch and Legal Description
Deputy County Attorney William DeBraal presented extinguishment of a leasehold
interest onthe portion of right-of-way Parcel 132 at 6555 81st Street. In 2021, 1.07
acres was purchased from the Van Antwerp Family Trust for the 66th Avenue
improvement project. The property was under a lease to B & B Farms, dba:
Countryside Citrus. He stated outside counsel had negotiated fifteen thousand dollars
($15,000) in a full and final settlement. He continued, B & B Farms had leased this
parcel in the past for their Annual Corn Maze and had requested the Board approve
an extended possession without compensation for use in the Fall of 2022.
A motion was made by Vice Chairman Earman, seconded by Chairman O'Bryan,
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
13.C. 22-0403 Demolition Lien - 4470 31 st Avenue
Recommended Action: The County Attorney's Office recommends that the Indian River County Board of
County Commissioners waive 90% of the accrued interest, so long as the lien and
10% of the outstanding interest for a total of $6,771.43 is paid within 60 days and
that once paid, the Board authorizes the Chairman to execute a release of the lien.
Attachments: Staff Report
County Attorney Dylan Reingold provided a brief history of the demolition lien for the
property at 4470 31st Avenue contained in his memorandum dated May 9, 2022.
He indicated the property taxes had been paid, the Code Enforcement Board had
reduced its lien, and the Utilities Department had agreed to a settlement of their lien
for the property located at 4470 31 st Ave. He continued, to be consistent with the
recent demolition liens released by the Board, that the Board waive ninety percent
(90%) of the demolition lien left on this property after the accrued interest amount of
$6,771 was paid in full within the next 60 days.
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, 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
13.D. 22-0404 Code Enforcement Board Appointment
Recommended Action: The County Attorney recommends that the Board review the applicant's application,
and determine whether to appoint him to fill the unexpired term for the "Architect" to
the Code Enforcement Board.
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Board of County Commissioners Meeting Minutes - Final May 17, 2022
Attachments: Staff Report
Application Carlos L. Flores Blancaneaux
[Clerk's note: This item was heard prior to Item 10.C.1.]
County Attorney Dylan Reingold presented Carlos L. Flores-Blancaneaux's
application for consideration to fill the unexpired term for the "Architect" to the Code
Enforcement Board. Mr. Flores-Blancaneaux spoke briefly about his 21 years of
practicing architecture and stated he felt honored to be appointed. Chairman O'Bryan
thanked him for volunteering to serve.
Commissioner Flescher thanked Mr. Flores-Blancaneaux for his commitment as it had
been a vacancy for some time.
Vice Chairman Earman mentioned he had heard great things about Mr.
Flores-Blancaneaux and was happy to have him on board.
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to appoint Carlos L. Flores Blancaneaux as Architect member to the
Code Enforcement Board. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
13.E. 22-0394 County Attorney's Annual Employment Agreement
Recommended action: The County Attorney recommends that the Board review the proposed agreement,
and decide whether to approve the agreement and authorize the Chairman to sign it.
Attachments: Staff Report
Contract (2022-2023)
County Attorney Dylan Reingold presented the County Attorney's Annual Employment
Agreement for the Board's consideration.
Chairman O'Bryan commended the work done by Attorney Reingold and staff.
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve the County Attorney's Annual Employment Agreement. The
motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher. and Commissioner Moss
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
Indian River County Florida Page 17
Board of County Commissioners Meeting Minutes - Final May 17, 2022
B. Commissioner Joseph H. Earman, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
There being no further business the Chairman adjourned the meeting at 11:14 A.M.
Indian River County Florida Page 18
Board of County Commissioners Meeting Minutes — Final May 17, 2022
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: �%�
Deputy
BCC/SJ/2022 Minutes
Peter O'Bryan, Chairman
'`'•R� ER CO ���•'
Approved: July 12, 2022
Indian River County Florida Page 19