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  
Joseph E. Flescher, Chairman, District 2  
Peter D. O'Bryan, Vice Chairman, District 4  
Susan Adams, District 1  
Joseph H. Earman, District 3  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, September 14, 2021  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Joseph Flescher  
Vice Chairman Peter O'Bryan  
Commissioner Joe Earman  
Commissioner Susan Adams  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Reverend Ardra Rigby, New Bethel AME Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Moved: Item 15.A.4. to be heard following Item 8. Consent Agenda  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve the Agenda as amended. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Earman, Commissioner  
Adams, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
21-0663  
5.A.  
Presentation of Proclamation Designating the Month of September 2021 as "Hunger  
Action Month."  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Commissioner Adams read and presented the Proclamation to Ms. Annabel  
Robertson, Executive Director, United Against Poverty, and Mr. Gary Keller,  
representing the Treasure Coast Food Bank.  
Ms. Robertson announced the planned events to recognize Hunger Action Month.  
Read and Presented  
21-0739  
5.B.  
Presentation of Proclamation Designating September, 2021 As National Suicide  
Prevention Awareness Month  
Recommended Action:  
Recommend Read and Present  
Attachments: Proclamation  
Commissioner Earman read and presented the Proclamation to Deputy Chief Milo  
Thornton, Board Director for New Horizons of the Treasure Coast and Okeechobee  
(New Horizons), who provided knowledge regarding the dedicated works of New  
Horizons.  
Chairman Flescher stated his appreciation for Chief Thornton's all-around  
commitment to the citizens of the County.  
Read and Presented  
21-0852  
5.C.  
Presentation of Food Waste Diversion through Indian River County Community  
Fridge Program  
Recommended Action:  
No action is required for this item.  
Attachments: Staff Report  
Solid Waste Disposal District Managing Director Himanshu Mehta was accompanied  
by Recycling Education and Marketing Coordinator Susan Flak, to introduce the  
Community Fridge Program. Ms. Flak utilized a PowerPoint presentation to  
communicate her quest to assist food-insecure residents by encouraging the  
community to do their part to reduce food waste. She announced their motto, "Take  
What You Need, Leave What You Can," and proposed that the County's first  
community refrigerator would be located in the City of Fellsmere. She reviewed the  
guidelines and related legislation, the rules and regulations, and she made mention that  
the refrigerators would be monitored daily. Ms. Flak spoke on the success of similar  
programs within the State, and she provided examples of the art and creativity that  
had been incorporated to make the refrigerators stand out in a community.  
Presented  
6. APPROVAL OF MINUTES  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve the Regular Meeting Minutes of June 8, 2021, June 15, 2021,  
and June 22, 2021 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0861  
6.A.  
Regular Meeting of June 8, 2021  
Approve  
Recommended Action:  
Attachments: 06082021BCC_Draft  
Approved  
21-0862  
6.B.  
Regular Meeting of June 15, 2021  
Approve  
Recommended Action:  
Attachments: 06152021BCC_Draft  
Approved  
21-0863  
6.C.  
Regular Meeting of June 22, 2021  
Approve  
Recommended Action:  
Attachments: 06222021BCC_Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
21-0795  
21-0835  
21-0856  
7.A.  
7.B.  
7.C.  
Proclamation Honoring Linda Diehl on Her Retirement From Indian River County  
Board of County Commissioners Department of Emergency Services/Fire Rescue  
with Twenty-Seven Years of Service  
Attachments: Proclamation  
Chairman Flescher and Commissioner Earman acknowledged Ms. Linda Diehl's  
medical skills and selflessness, and they congratulated her on her retirement.  
No Action Taken or Required  
Proclamation Honoring James E. Faulk on His Retirement From Indian River County  
Board of County Commissioners Department of General Services Shooting Range  
with Twenty Years of Service  
Attachments: Proclamation  
Chairman Flescher congratulated Mr. James Faulk for 20 years at the Indian River  
County Shooting Range and wished him well on his retirement.  
No Action Taken or Required  
Proclamation Honoring William Keith McCully on His Retirement From Indian River  
County Board of County Commissioners Department of Public Works with  
Twenty-One Years of Service  
Attachments: Proclamation  
Chairman Flescher recognized Mr. William "Keith" McCully for the vision he had for  
water treatment, which led to the design of various systems and facilities in the County  
during his 21 years of dedicated service to the Department of Public Works.  
No Action Taken or Required  
21-0829  
7.D.  
Indian River County Venue Event Calendar Review  
Recommended Action:  
This is an informational item only, no Board action is required  
Attachments: Event Calendar  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve the Consent Agenda as amended, pulling Items 8.I. and 8.K. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0796  
8.A.  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments August 6, 2021 to August 12, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of August 6, 2021 to August 12, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0801  
Checks and Electronic Payments August 13, 2021 to August 19, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of August 13, 2021 to August 19, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0834  
Checks and Electronic Payments August 20, 2021 to August 26, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of August 20, 2021 to August 26, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0848  
Checks and Electronic Payments August 27, 2021 to September 2, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of August 27, 2021 to September 2, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0763  
8.E.  
Renewal of Annual Bid 2021003 for Telecommunication Systems Equipment,  
Material, Supplies, Maintenance and Installation  
Recommended Action:  
Staff requests the Board of County Commissioners approve the First Extensions and  
Amendments to the Agreement and authorize the Chairman to execute them after the  
County attorney has approved them for content and legal sufficiency, and upon  
receipt and approval of required insurance by Risk Management.  
Attachments: Staff Report  
First Extension - Gerelcom, Inc.  
First Extension- Precision Contracting Services, Inc.  
Approved staff's recommendation  
21-0807  
8.F.  
Miscellaneous Budget Amendment 010  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the budget  
resolution amending the fiscal year 2020/2021 budget  
Attachments: Staff Report  
Resolution  
Exhibit "A"  
Approved Resolution 2021-053, delegating authority to the County Administrator,  
the Assistant County Administrator or the Director of the Office of Management &  
Budget or their designee to execute all documents necessary to amend the  
Fiscal Year 2020-2021 budget during the period commencing November 9, 2021,  
through and including November 29, 2021.  
21-0825  
8.G.  
2021/2022 State/County Contract Indian River County Health Department  
Recommended Action:  
Staff recommends the Board approve and authorize the Chairman to execute the  
contract.  
Attachments: Staff Report  
Health Dept Contract Cover Letter  
Health Department Contract  
Health Dept Contract Attachments  
Approved staff's recommendation  
21-0839  
8.H.  
Agreement with Sun Patrick Architecture, DBA: sparcdesign for Sandridge  
Clubhouse Architectural Design (RFQ 2021020) - Master Planning Phase  
Recommended Action:  
Staff recommends the Board approve the Agreement for Professional Services for the  
Master Planning Phase, and authorize the Chairman to sign after approval by the  
County attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Agreement for Professional Services  
Approved staff's recommendation  
21-0844  
8.I.  
Authorization to Increase Blanket Purchase Orders  
Recommended Action:  
Staff recommends the Board of County Commissioners authorize increases to the  
listed Purchase Order as approved by the Budget Office, up to the maximum amount  
requested for the current fiscal year.  
Attachments: Staff Report  
Vice Chairman O'Bryan reviewed the Purchase Order pre-authorization amounts for  
Fleet Management and Utilities.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0800  
8.J.  
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  
Approved staff's recommendation  
21-0853  
8.K.  
Sale of House located at 5800 37th Street, Vero Beach, FL 32966 Owners: Indian  
River County  
Recommended Action:  
Staff recommends the Board approve the “AS IS’ Residential Contract for Sale and  
Purchase Agreement in the amount of $325,515.00 for the purchase of the 0.54 acre  
property located at 5800 37th Street, Vero Beach, FL 32966, and authorize the  
Chairman to execute the “AS IS’ Residential Contract for Sale and Purchase  
Agreement on behalf of the Board.  
Attachments: Staff Report  
AS IS Residential Contract for Sale and Purchase  
Boundary Survey  
Vice Chairman O'Bryan stated that the property at 5800 37th Street had been  
purchased by the County in August 2020, as the right-of-way was needed for a road  
project. He expressed contentment with the selling price of the remaining portion of  
the parcel.  
Commissioner Moss inquired and received confirmation from County Administrator  
Jason Brown that staff was satisfied with the proposed transaction.  
A motion was made by Commissioner Moss, seconded by Commissioner Earman,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0838  
8.L.  
Amendment No. 20 to Indian River County Civil Engineering and Land Surveying  
Agreement for Bridge Replacements and Widening of 66th Avenue from South of  
SR60 to North of 57th Street.  
Recommended Action:  
Staff recommends the Board of County Commissioners approve Amendment No. 20  
with Arcadis US, Inc. for an amount not-to-exceed $15,670.00 and authorize the  
Chairman to execute the amendment.  
Attachments: Staff Report  
Amendment No. 20 from Arcadis US, Inc.  
Approved staff's recommendation  
21-0810  
8.M.  
Approval of Agreement with Florida Blue for the County’s Stop Loss Policy  
Recommended Action:  
Staff recommends and respectfully requests that the Board approve the Renewal  
Option with Florida Blue Highmark for the County’s stop loss policy for plan year  
2021/2022 and authorize the Chairman to execute the renewal agreement.  
Attachments: Staff Report  
Lockton Status Quo Renewal Summary 2021  
Renewal 2021/22 Agreement  
Approved staff's recommendation  
21-0836  
8.N.  
ESRI Small Municipal and County Government Enterprise Agreement  
Recommended Action:  
Staff recommends that ESRI, Inc. be designated as the sole source provider for ESRI  
software and maintenance agreements. Staff further recommends that the Board  
waive the requirement for bids and authorize the Chairman to execute the attached  
ESRI Small Municipal and County Government Enterprise Agreement after the  
County Attorney has approved them as to form and legal sufficiency.  
Attachments: Staff Report  
Attachment 2  
Approved staff's recommendation  
21-0831  
8.O.  
Morningside North SWMW Association, Inc. License Agreement  
Recommended Action:  
Staff recommends the Board approve the License Agreement with the Morningside  
North SWMW Association, Inc. and authorize the Chairman to execute the  
agreement after review by the County Attorney for legal sufficiency.  
Attachments: Staff Report  
Morningside Agreement  
Approved staff's recommendation  
21-0845  
8.P.  
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 2021-22 to the Interim Library  
Services Director to be forwarded to the appropriate State Library staff.  
Attachments: Staff Report  
State Aid To Libraries Grant Agreement  
Certification of Hours  
Annual Plan of Service 2021-2022  
Signed Grant Form  
Approved staff's recommendation  
21-0857  
8.Q.  
Approval of an 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 and execute the same.  
Attachments: Staff Report  
Agreement for Use of Facilities with School Board  
Approved staff's recommendation  
21-0847  
8.R.  
Indian River County Tax Collector Carole Jean Jordan Re: Request BCC to Order  
the Tax Roll to be Extended  
Recommended Action:  
Approve Request  
Attachments: Memorandum from Tax Collector  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON  
FILE IN THE OFFICE OF THE CLERK TO THE BOARD.  
A. PUBLIC HEARINGS  
21-0842  
10.A.1.  
Hanlex Development, LLC’s Request to Rezone Approximately ±2.34 Acres  
from CH, Heavy Commercial District, to CG, General Commercial District  
(RZON2003090259-89653) [Quasi-Judicial]  
Recommended Action:  
Based on the analysis, staff and the Planning and Zoning Commission recommend  
that the Board of County Commissioners approve this request to rezone the  
subject site from CH to CG by adopting the proposed rezoning ordinance.  
Attachments: Staff Report  
Summary Page  
Rezoning Application  
911.10(4) Commercial Uses  
Section 902.12(3), Standards of Review  
Rezoning Ordinance  
Chairman Flescher introduced the parties as Indian River County and Hanlex  
Development, LLC (Hanlex Development).  
Each Commissioner, as requested by the Chairman, disclosed ex parte  
communications, site visits, or independent investigations. They also affirmed that  
they have an open mind and can base their decisions on the evidence presented  
and the applicable law.  
Chairman Flescher opened the public hearing.  
Community Development Director Phil Matson introduced Chief of Long Range  
Planning John Stoll, who referred to staff's memorandum dated September 1,  
2021, and a PowerPoint presentation to clarify the request by Hanlex  
Development to rezone a parcel of property from CH, Heavy Commercial  
District, to CG, General Commercial District. He included site and adjacent  
parcel uses and zoning maps, along with information on the Commercial/Industrial  
Future Land Use Designation. Following a summary of the analysis conducted,  
Chief Stoll stated the recommendation of County staff and the Planning and  
Zoning Commission, to advise the Board to approve the rezoning request.  
Vice Chairman O'Bryan inquired and received confirmation from Chief Stoll that  
during the site plan development phase, the egress and ingress would be  
evaluated.  
Jeremy Anderson, Engineer, Common Oak Engineering, representing Hanlex  
Development, addressed the Board to show appreciation for County staff for  
their detailed staff report. He had nothing additional to add to the presentation.  
There being no additional speakers, Chairman Flescher closed the public hearing.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to adopt Ordinance 2021-011, amending the zoning ordinance and  
the accompanying zoning map for approximately ±2.34 acres located west of  
and adjacent to South US Highway 1 approximately ±250 feet south of  
Highland Drive and approximately ±700 feet north of 23rd Street Southeast  
and east of the FEC Railroad, from CH, Heavy Commercial District, to CG,  
General Commercial District; and providing codification, severability, and  
effective date. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
21-0849  
10.A.2.  
Local Provider Participation Fund (LPPF) Ordinance (Legislative)  
Recommended Action:  
County staff recommends that the Board open the public hearing, take public  
comment and then vote whether to approve the Local Provider Participation Fund  
ordinance.  
Attachments: Staff Report  
Letter from Daniel Knell, President/Florida Market President  
Letter from J. Gregory Rosencrance, MD, FACP  
Email from Andrew Wilburn, Encompass Health  
Memo on Special Assessments & Medicaid Funding  
Draft LPPF Ordinance  
County Attorney Dylan Reingold referred to staff's memorandum dated August  
26, 2021, while presenting the Board with a proposed draft ordinance, required  
for participation in the Medicaid Directed Payment Program (the Program). He  
reflected on the August 17, 2021 Commission meeting when he had introduced a  
request from local hospitals that the County establish the Local Provider  
Participation Fund (LPPF) to assist in recovering the shortfall of Medicaid  
reimbursement funds. He explained the County's role of collecting a non-ad  
valorem special tax assessment on the properties where the hospitals were  
located, and the revenue generated would be placed in the LPPF to be overseen  
by the Florida Agency for Health Care Administration (AHCA), for the purpose  
of drawing down additional Medicaid match dollars from the Federal government.  
Attorney Reingold confirmed that he had received support of the proposed  
assessment from Sebastian River Medical Center and Cleveland Clinic Indian  
River Hospital, and that Encompass Health Rehabilitation Hospital (Encompass  
Health) had sent an email to express consent to an assessment, noting that they  
did not want to present an obstacle to the Program being implemented. Attorney  
Reingold made it clear to the Board that Encompass Health would not benefit at  
the present time. He advised that if the ordinance was adopted, the execution of  
indemnity agreements between the County and the two (2) main hospitals were  
suggested, and a public hearing would be scheduled on September 21, 2021 to  
consider a resolution, which would be presented to the Board annually to set the  
assessment roll.  
Attorney Reingold pointed out that he had recently been informed by a  
representative from AHCA that the County could see a negative impact of up to  
$100,000 to their Medicaid contribution. It was Commissioner Adams'  
understanding that due to the Program participation in other counties within the  
State, there could be an increase to the County's Medicaid contribution even if the  
Board did not vote to move forward with establishing the LPPF. Attorney  
Reingold was in agreement with Commissioner Adams' analysis.  
Chairman Flescher opened the public hearing.  
The following individuals addressed the Board to offer clarification on topics such  
as reducing losses related to Medicaid reimbursement gaps, special exception  
payments to the State for Medicaid reimbursement that would lead to a return of  
additional Federal match funding, and the administration fee of up to $150,000,  
which would be included in the non-ad valorem assessment and was designed to  
cover the County's cost of managing the Program and the possible increased  
Medicaid contribution:  
Mr. Warren Fuller, Chief Financial Officer, Cleveland Clinic Indian River Hospital  
Ms. Colleen Ernst, Counsel, Adelanto HealthCare Ventures  
Mr. Ron Bierman, Chief Administrative Officer, Sebastian River Medical Center  
Mr. Steven Snyder, Chief Financial Officer, Sebastian River Medical Center  
Attorney Reingold and County Administrator Jason Brown felt the Ordinance  
should be modified to provide transparency regarding the County receiving an  
administration fee of up to $150,000, built into the assessment paid by the three  
(3) hospitals, that could be used to offset an increase to the Medicaid  
contribution.  
In response to an inquiry from Vice Chairman O'Bryan, Administrator Brown  
made it clear that Encompass Health would be assessed, but would not be  
receiving funds back since they do not accept Medicaid as a form of payment for  
services at the present time. Ms. Ernst added that Encompass Health would  
receive funds if or when they begin accepting Medicaid patients.  
A detailed discussion ensued among members of the Board, Ms. Ernst, and the  
hospital representatives regarding the complexity of hospital billing/finance, the  
local hospitals which were in need of financial support, that Encompass Health  
was a rehabilitation hospital receiving their patients from the local hospitals, and  
the County's limited liability if the Program was implemented. Chairman Flescher  
remained hesitant throughout the discussion and he made it clear that the process  
to generate additional funds from the Federal government did not sound logical to  
him. Commissioner Adams stated that she was not opposed to approving the  
ordinance to move forward, noting that the two (2) main hospitals had requested  
and Encompass Health had consented to an assessment being imposed on them,  
and the County could see an increase to their Medicaid contribution whether or  
not they participated in the Program.  
Administrator Brown agreed with Attorney Reingold regarding the request for  
separate agreements between the County and the hospitals for the purpose of  
showing the hospital's full support of the County if the assessment or the  
administrative fee would become an issue in the future.  
Mr. Josh Miller, a resident of Fellsmere, voiced his concern regarding the local  
hospitals and their commitment to remain a Medicaid provider, and the possibility  
that taxpayers, rather than hospitals only, would be responsible for payment of the  
assessment. Hospital representatives and Ms. Ernst addressed Mr. Miller's  
concerns by clarifying that the hospitals were committed to all patients, and they  
were the only entity that would be paying the assessment.  
There being no additional speakers, Chairman Flescher closed the public hearing.  
Additional questions were answered with regard to the regions within Florida that  
were participating or considering participation in the Program, the results of  
participation versus non-participation, and the Board's ability to approve changes  
to the assessment dollar amount with an annual resolution.  
Following an inquiry from Administrator Brown, Ms. Ernst agreed to assist staff  
with determining the proper assessment to charge.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Adams, to: 1) adopt Ordinance 2021-012, creating Chapter 215 of the Code of  
Indian River County, Florida entitled "Indian River County Local Provider  
Participation Fund Ordinance" establishing a local provider participation  
fund under the authority of Article VIII, Section 1(F) of the Constitution of the  
State of Florida and specifying the method of setting and computing annual  
non-ad valorem special assessments to be deposited into the fund and  
specifying authorized uses for the fund proceeds; and providing for  
codification, severability, conflict and an effective date; 2) direct the County  
Attorney to make as-needed modifications to the Ordinance, as discussed in  
the meeting; and 3) direct the County Attorney to draw up indemnity  
agreements with each of the hospitals for the purpose of protecting the  
County. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and  
Commissioner Moss  
1 - Chairman Flescher  
Chairman Flescher called for a recess at 11:13 a.m., and he reconvened the meeting  
at 11:24 a.m., with all members present.  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
County Attorney Dylan Reingold read the public hearing notices into the record.  
21-0826  
10.C.1.  
Public Notice of Public Hearing for September 21, 2021, to Consider an  
Amendment to Section 103.03 (Regulatory commissions and boards) of the  
Code of Indian River County [Legislative]  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
21-0828  
10.C.2.  
Notice of Scheduled Public Hearing for September 21, 2021 Board Meeting for  
a Conceptual Planned Development (PD) Special Exception and concurrent PD  
Application. (Quasi Judicial)  
Recommended Action:  
The referenced public notice item is provided for the Board’s information. No  
action is needed at this time.  
Attachments: Staff Report  
No Action Taken or Required  
21-0832  
10.C.3.  
Public Notice of Public Hearing for September 21, 2021, to Consider an  
Amendment of Section 201.64 (Definitions; construction and interpretation) and  
Creation of Section 201.681 (Dental Facilities) of Part III (The Indian River  
County Industrial Pretreatment Regulations Ordinance) of Chapter 201 (County  
Water and Sewer Services).  
Recommended Action:  
Attachments: Staff Report  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
21-0840  
11.A.  
Collective Bargaining Agreement between Indian River County and Teamsters, Local  
Union No. 769 - FY21/22 General Wage Increase  
Recommended Action:  
Staff respectfully recommends approval of general wage increase of $.75 per hour or  
4%, whichever is greater, for employees represented by the Teamsters, Local Union  
No. 769 effective the first full pay period in October 2021 and requests the Board  
authorize its Chairman to sign the second amendment to Article 33 - Wages of the  
collective bargaining agreement providing for the general wage increase.  
Attachments: Staff Report  
Second Amendment to Article 33 - Wages  
Exhibit A  
County Administrator Jason Brown presented the relative details of the Collective  
Bargaining Agreement between the County and the Teamsters Local Union No. 769,  
including a proposed 4% general wage increase or .75 cents per hour, whichever was  
greater. He recommended that non-union County employees would also receive a  
wage increase, effective with the first full pay period in October 2021.  
Vice Chairman O'Bryan and Chairman Flescher expressed appreciation for the swift  
work done by all parties in negotiating an agreement.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation, and to extend the wage increase to the  
non-union County employees, effective the first full pay period in October 2021.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0866  
11.B.  
Incentive for Employee COVID-19 Vaccination  
Recommended Action:  
Staff recommends that the Board authorize, effective with the January 2022 accrual  
process, the addition of vacation hours in the amount of either 12 hours, 8 hours, or  
7.5 hours, based on the work week, for all eligible County employees who  
demonstrate that they have been fully vaccinated by December 1, 2021.  
Attachments: Staff Report - Vaccination  
County Administrator Jason Brown addressed the Board to discuss his desire to  
encourage County employees to get COVID-19 vaccinations. He proposed that the  
County would grant the equivalence of one (1) additional vacation day in calendar  
year 2022 to employees who were fully vaccinated by December 1, 2021.  
Under discussion, Chairman Flescher inquired about the number of employees who  
were fully vaccinated, and Administrator Brown responded that he was unsure  
because the County does not track the numbers. With HIPPA protection in place,  
Administrator Brown announced the process an employee would follow in order to  
receive their additional vacation day. Vice Chairman O'Bryan was hopeful that the  
percentage of vaccinated employees would not be published/broadcast to employees  
or to the public. County Attorney Dylan Reingold advised that if a record existed that  
contained vaccination statistics, the County would be required to provide that  
document if a public record request was received.  
Mr. Bill Zura, a Vero Beach resident, suggested that vacation hours should be  
advanced in a way that would ensure privacy among coworkers.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
O'Bryan, to approve staff's recommendation in a way that would not create a  
public record of who has been or who has not been vaccinated. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
21-0859  
12.G.1.  
Acquisition of Right-Of-Way from Leonardo and Maria Mandina for Phase II of  
66th Avenue Improvements - 69th Street west of 66th Avenue, Parcel 316  
Recommended Action:  
Staff recommends the Board approve the Agreement for the Mandina property  
and authorize the Chairman to execute the document on behalf of the Board.  
Attachments: Staff Report  
Mediated Settlement Agreement  
Sketch and Description  
In Deputy County Attorney William DeBraal's absence, Public Works Director  
Rich Szpyrka referred to staff's memorandum dated September 1, 2021, to  
provide the proposed Mediation Settlement Agreement for the right-of-way  
acquisition of Parcel 316 from Leonard and Maria Mandina.  
Vice Chairman O'Bryan acknowledged the unique aspects of the property, and  
he supported staff's recommendation.  
Commissioner Moss inquired and received clarification from County Attorney  
Dylan Reingold regarding the negotiations that followed the May 4, 2021  
unconditional offer submission.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
21-0793  
13.A.  
Acquisition of Right-Of-Way from the Frederick W. Van Antwerp and Florence B.  
Van Antwerp Revocable Trust for Phase II of 66th Avenue Improvements - 6555  
81st Street, Parcel 132  
Recommended Action:  
Staff recommends the Board approve the Agreement for the Van Antwerp property  
and authorize the Chairman to execute the document on behalf of the Board.  
Attachments: Staff Report  
Agreement  
County Attorney Dylan Reingold referred to staff's memorandum dated August 11,  
2021, to provide the Board with a proposed Agreement to Purchase and Sell Real  
Estate for a .99 acre parcel of land at 6555 81st Street. He made mention that there  
was a possibility that a business claim could arise, but he hoped it would be minimal.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0858  
13.B.  
Approval of Settlement Agreement at Mediation for Parcel of Right-Of-Way Located  
along 69th Street west of 66th Avenue, Vero Beach, FL 32967 Parcel 313, Johnny  
and Jackie Dent  
Recommended Action:  
Staff recommends the Board approve the Settlement Agreement at Mediation for the  
Dent property and authorize the Chairman to execute the document on behalf of the  
Board.  
Attachments: Staff Report  
Settlement Agreement at Mediation  
Assistant County Attorney Susan Prado referred to staff's memorandum dated  
September 7, 2021, to present a proposed Settlement Agreement at Mediation with  
regard to Parcel 313, owned by Johnny and Jackie Dent.  
Vice Chairman O'Bryan inquired and Attorney Prado provided an explanation for  
attorney fees in the amount of $10,000 that resulted from a $5,000 increase to the  
original offer.  
Attorney Bill Doney, outside counsel for the County, explained the process of  
attempting to settle prior to mediation.  
Attorney Reingold updated the Board on the remaining acquisitions needed for  
Phases I and II of the 66th Avenue Improvements.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph E. Flescher, Chairman  
B. Commissioner Peter D. O'Bryan, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph H. Earman  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
The Board of County Commissioners reconvened as the Board of Commissioners of  
the Emergency Services District. The minutes will be approved at an upcoming  
Emergency Services District meeting.  
A. Emergency Services District  
(Clerk's Note: The Emergency Service District items were heard following Item  
8. Consent Agenda, and are placed here for continuity.)  
21-0721  
15.A.1.  
Approval of Minutes Meeting of April 20, 2021  
Approve  
Recommended Action:  
Attachments: 04202021ESD_Draft  
Approved  
21-0864  
15.A.2.  
Approval of Minutes Meeting of June 8, 2021  
Approve  
Recommended Action:  
Attachments: 06082021ESD_Draft  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve the Emergency Services District Meeting Minutes of April 20, 2021 and  
June 8, 2021 as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0846  
15.A.3.  
Approval of Interlocal Agreement between the Town of Indian River Shores and  
Indian River County Emergency Services District for Automatic and Mutual Aid  
Recommended Action:  
Staff recommends approval of the Interlocal Agreement between the Town of Indian  
River Shores and Indian River County Emergency Services District for automatic and  
mutual aid.  
Attachments: Staff Report  
Interlocal Agreement  
Department of Emergency Services Director Tad Stone highlighted the mutual aid that  
was agreed upon in the proposed Interlocal Agreement.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0806  
15.A.4.  
Approval of Public Medical Transportation Letter of Agreement between Indian  
River County Emergency Services District and the Agency for Health Care  
Administration (Year Three)  
Recommended Action:  
Staff recommends the approval and excution of the Letter of Agreement between  
Indian River Emergency Services District and the Agency for Health Care  
Administration.  
Attachments: Staff Report  
Public Emergency Medical Transportation LOA  
FY 2021-2022 PEMT Allotments (Year 3)  
Emergency Services Director Tad Stone discussed the Public Medical Transportation  
Letter of Agreement with the Agency for Health Care Administration (AHCA), as  
provided in the September 2, 2021 staff report.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
The Board of Commissioners adjourned the Emergency Services District meeting and  
reconvened as the Board of County Commissioners, resuming the Regular Meeting  
with Item 10.A.1.  
B. Solid Waste Disposal District  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, Chairman Flescher adjourned the meeting at 12:09  
p.m.