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 21, 2021  
9:00 AM  
Commission Chambers  
1. CALL TO ORDER  
5 -  
Present:  
Chairman Joseph Flescher  
Vice Chairman Peter O'Bryan  
Commissioner Susan Adams  
Commissioner Joe Earman  
Commissioner Laura Moss  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Reverend Kaaren Anderson, Unitarian Universalist Fellowship of Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Agenda as presented. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
21-0843  
5.A.  
Presentation of Proclamation Honoring 2-1-1 HelpLine's 50 Years of Service to  
Indian River County  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Chairman Flescher read and presented the Proclamation to President and CEO of  
2-1-1 Helpline Sharon L'Herrou, who was joined by Board of Directors member  
Kelly Cambron in presenting an overview of the Helpline's services. The  
Commissioners and Ms. L'Herrou discussed the eviction mediation program and  
suicide helpline call follow-ups; the Board also expressed praise for the 2-1-1  
Helpline.  
Read and Presented  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
8. CONSENT AGENDA  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Consent Agenda as amended, pulling Item 8.D. for  
discussion. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0802  
8.A.  
Quarterly OPEB Trust Report for the Quarter Ending 06/30/2021  
Accept the report.  
Recommended Action:  
Attachments: Investment Committee OPEB Report  
Accepted  
21-0803  
8.B.  
Quarterly Investment Report for the Quarter Ending 06/30/2021  
Accept the report.  
Recommended Action:  
Attachments: Investment Committee Report  
Accepted  
21-0804  
8.C.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting through 06/30/2021  
Recommended Action:  
Accept the report.  
Attachments: Finance Department Staff Report  
Accepted  
21-0805  
8.D.  
Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/2021  
Accept the report.  
Recommended Action:  
Attachments: Finance Department Staff Report  
Jeffrey R. Smith, Clerk of the Court and Comptroller, reported an upward trend in  
short-term rentals and hotel stays in the last quarter which ended June 30, 2021. He  
also informed that his staff's recently-implemented audits returned more than  
$700,000 in new taxes.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to accept the Quarterly Tourist Development Tax Report for the quarter  
which ended June 30, 2021. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0893  
8.E.  
8.F.  
County Capital Asset Inventories  
Recommended Action:  
Approve the removal of the assets from the inventory system  
Attachments: Finance Department Staff Report  
Approved staff's recommendation  
21-0808  
Sole Source Designation for EleGARD Patient Positioning System  
Recommended Action:  
Staff recommends the Board designate Advanced CPR Solutions as the sole brand,  
and MedAlliance Group, Inc. as the sole source provider of elevated CPR devices,  
and authorize the Purchasing Division to issue a Purchase order to MedAlliance  
Group, Inc. in the amount of $66,696, plus shipping.  
Attachments: Staff Report  
Notice of Single or Sole Source Designation  
EleGARD Quote  
Approved staff's recommendation  
21-0850  
8.G.  
Extension and Modification to Bid 2020051 - Annual Bid to Furnish and Deliver  
Polymer  
Recommended Action:  
Staff recommends the Board approve the modification to the bid price and extend the  
award, effective October 1, 2021. Staff also recommends the Board authorize the  
Purchasing Manager to renew this bid at the same rates for an additional one (1) year  
period at the same rate and terms, subject to satisfactory performance, vendor  
acceptance, and the determination that renewal of this annual bid is in the best interest  
of the County.  
Attachments: Staff Report  
Polydyne Request for Price Adjustment  
Approved staff's recommendation  
21-0851  
8.H.  
Designation of Excess Equipment as Surplus  
Recommended Action:  
Staff recommends the Board declare the items on the Excess Equipment List for  
092121 Agenda as surplus, and authorize their disposal, as indicated.  
Attachments: Staff Report  
Excess List for 092121  
Approved staff's recommendation  
21-0860  
8.I.  
Award of Annual Bid 2022005 for Liquid Aluminum Sulfate  
Recommended Action:  
Staff recommends the Board award Bid 2022005 to Chemtrade Chemicals US LLC,  
and authorize the Purchasing Division to issue blanket purchase orders for the period  
of October 1, 2021 through September 30, 2022 with the recommended bidder.  
Staff also recommends the Board authorize the Purchasing Manager to renew this bid  
at the same rates for two (2) additional one (1) year periods subject to satisfactory  
performance, vendor acceptance, and the determination that renewal of this annual  
bid is in the best interest of the County.  
Attachments: Staff Report  
Approved staff's recommendation  
21-0870  
8.J.  
Extensions and Modifications to Staffing Agreements with HireQuest Direct  
Recommended Action:  
Staff requests the Board of County Commissioners approve the First Extensions and  
Amendments to the Agreements 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  
1st Ext and Amendment - Temporary Staffing  
1st Ext and Amendment - Temporary Day Laborers  
Request for Increase - 2021008  
Request for increase - 2021017  
Approved staff's recommendation  
21-0877  
8.K.  
Award of Annual Bid 2022004 for Sulfuric Acid  
Recommended Action:  
Staff recommends the Board award Bid 2022004 to Shrieve Chemical Company,  
LLC, and authorize the Purchasing Division to issue blanket purchase orders for the  
period of October 1, 2021 through September 30, 2022 with the recommended  
bidder. Staff also recommends the Board authorize the Purchasing Manager to renew  
this bid at the same rates for two (2) additional one (1) year periods subject to  
satisfactory performance, vendor acceptance, and the determination that renewal of  
this annual bid is in the best interest of the County.  
Attachments: Staff Report  
Approved staff's recommendation  
21-0830  
8.L.  
Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal  
Year 2021-2022 (October 1, 2021, through September 30, 2022)  
Recommended Action:  
Approval is recommended for Commissioners, County Officers, and Staff to travel  
out-of-County for current and future assigned committee meetings; Florida  
Association of Counties, National Association of Counties, and local or regional  
legislative conferences or programs; and approved lobbying efforts, including travel to  
Tallahassee when necessary  
Attachments: Staff Memorandum  
File Summary  
Master  
Approved staff's recommendation  
21-0855  
8.M.  
Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA  
School of Government Finance  
Recommended Action:  
Approve request to attend 2021 FGFOA School of Governmental Finance; the 2022  
GFOA Annual Conference; the 2022 FGFOA Annual Conference; and the quarterly  
meetings of the Treasure Coast Chapter of the Florida Government Finance Officers  
Association.  
Attachments: Staff Report  
Approved staff's recommendation  
21-0872  
8.N.  
8.O.  
8.P.  
Appointment of Board of County Commissioners Representative and Alternate to the  
MPO Bicycle Pedestrian Advisory Committee  
Recommended Action:  
Staff recommends that the Board review the résumés and applications of Angela  
Speck and Solana Morris and appoint Angela Speck as the Board of County  
Commissioners representative to the MPO Bicycle Pedestrian Advisory Committee  
and Solana Morris as the alternate.  
Attachments: Staff Report  
Approved staff's recommendation  
21-0873  
Request to Waive Bid Process for Supplemental Building Inspection Services for  
Fiscal Year 2021/2022  
Recommended Action:  
Staff recommends that the Board waive the bid process requirement for supplemental  
building inspection services for the 2021/2022 fiscal year and authorize the Purchasing  
Manager, after approval by the Budget Office, to approve purchase orders and  
change orders for authorized firms up to the available budgeted amount.  
Attachments: Staff Report  
Approved staff's recommendation  
21-0887  
Fee Agreement with Gunster, Yoakley & Stewart, PA  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the fee  
agreement with Gunster, Yoakley, & Stewart, PA for services to assist staff in the  
renewal of the Indian River County Department of Utility Services Consumptive Use  
Permit, and authorize the Chairman to execute the agreement on their behalf  
Attachments: Staff Report  
Fee Agreement  
Approved staff's recommendation  
21-0878  
8.Q.  
Work Order No. 2018029-7 APTIM: Sector 5 Additional Dune Planting- Dune  
Vegetation Services  
Recommended Action:  
The recommendation of staff is for the Board to approve Work Order No.  
2018029-7, in the amount of $48,021.00, with APTIM Environmental &  
Infrastructure, LLC, and to authorize the Chairman to sign on behalf of the County  
Attachments: Staff Report  
Work Order No 2018029-7 execution agreement  
APTIM Work Order No. 2018029-7  
Approved staff's recommendation  
21-0897  
8.R.  
Change Order No. 1, 66th Avenue over North Relief Canal Bridge, IRC-1505  
Recommended Action:  
Staff recommends approving Change Order No. 1 authorizing the $55,000.00  
reduction to the contract with HEC.  
$32,673,137.85.  
The new total contract price will be  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
21-0902  
8.S.  
Future 49th Street ROW - Stormwater and Aquifer Recharge Property Purchases -  
2690 49th Street, Vero Beach, FL 32967 & 49th Street, Vero Beach, FL 32967  
Owner: Calvin Arnold Bethel, Jr.  
Recommended Action:  
Staff recommends the Board approve the Purchase Agreement in the amount of  
$370,000.00, with an estimated $4,700.00 in closing costs to be paid by the County  
for purchase of three parcels totaling 8.88 acres located at 2690 49th Street, Vero  
Beach, FL 32967 and 49th Street, Vero Beach, FL 32947, and authorize the  
Chairman to execute the purchase agreement on behalf of the Board.  
Attachments: Staff Report  
Purchase Agreement  
Maps  
Approved staff's recommendation  
21-0896  
8.T.  
Indian River County Library System Certification of Credentials for Single Library  
Administrative Head  
Recommended Action:  
Staff respectfully requests that the Board of County Commissioners certify the  
credentials of Elizabeth L. Stenger as the Single Library Administrative Head for the  
Indian River County Library System.  
Attachments: Staff Report  
Certification of Credentials Form  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
21-0904  
9.A.  
Indian River County Sheriff Eric Flowers re: FY21 Auction Proceeds and FY21  
Offender Fees  
Recommended Action:  
Discussion  
Attachments: Memo From Sheriff Flowers  
Indian River County Sheriff Eric Flowers appeared via Zoom to request funds from  
the surplus property auction for the purchase of new, like-kind property, as well as  
funds from the Offender Fees Reserve account to purchase annual software  
subscriptions and a fingerprint system.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve Indian River County Sheriff Eric Flowers' request to: 1) utilize online  
auction proceeds in the amount $122,552.90 for the purchase of new, like-kind  
property; and 2) utilize $15,469 from the Offender Fees reserve account to  
purchase annual subscriptions to Offender Watch Sex Offender software/mobile  
service and the Idemia Livescan Fingerprint System. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
21-0827  
10.A.1.  
Planning and Zoning Commission Alternate Ordinance - Legislative  
Recommended Action:  
The County Attorney’s Office recommends that the Board conduct the public  
hearing and vote to approve the ordinance as presented.  
Attachments: Staff Report  
Ordinance  
County Attorney Dylan Reingold recapped the Board's decision from the August  
17, 2021 meeting to authorize drafting an ordinance adding an alternate, at-large  
member to the Planning and Zoning Commission who would be able to vote in the  
event there was an absence of at least one voting member.  
The Chairman opened the public hearing. There being no speakers, the Chairman  
closed the public hearing.  
Under Board discussion, Attorney Reingold agreed to work with staff to provide  
updates of committee members' attendance, and stated he would return to the  
Board with potential candidates.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
O'Bryan, to adopt Ordinance 2021-013, amending Section 103.03 (Regulatory  
Commissions and Boards) of Chapter 103 (Commissions and Boards) of the  
Code of Indian River County in order to include an alternate on the Planning  
and Zoning Commission; providing for conflict and severability; providing for  
codification; and providing for an effective date. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
21-0905  
10.A.2.  
Local Provider Participation Fund (LPPF) Assessment Resolution - Legislative  
Recommended Action:  
County staff recommends that the Board open the public hearing, take public  
comment and then vote whether to approve the assessment resolution. If the  
Board approves the assessment resolution, County staff also recommends that the  
Board authorize the chair to execute the Letter of Agreement and any other  
documents necessary to effectuate the assessment.  
Attachments: Staff Report  
Draft Resolution  
Draft Assessment Roll  
Directed Payment Program Letter of Agreement  
Affidavit of Publication - LPPF Resoultion  
County Attorney Dylan Reingold recalled that on September 14, 2021, the Board  
had voted to enact an ordinance which established a Local Provider Participation  
Fund (LPPF) to assist hospitals recoup Medicaid costs. He described the  
proposed Resolution before the Board which established assessment rates for the  
County's participating hospitals: Cleveland Clinic Indian River Hospital, Sebastian  
River Medical Center, and Encompass Health Rehabilitation Hospital.  
The Chairman opened the public hearing.  
The following people addressed the Board in favor of the Resolution:  
Colleen Ernrst, Adelanto Healthcare Ventures  
Warren Fuller, Chief Financial Officer, Cleveland Clinic Indian River Hospital  
Ron Bierman, President, Sebastian River Medical Center  
Steven Snyder, Chief Financial Officer, Sebastian River Medical Center  
In response to questions from the Board, Ms. Ernst offered assurance that the  
Resolution had been modified to protect taxpayers from potential increases to the  
County's Medicaid contribution, that the process was legally compliant, and that  
the program was guaranteed through this first year; the LPPF required annual  
approval from the State and Federal governments.  
County Administrator Jason Brown anticipated the County would be well  
positioned to cover any unforeseen increase in Medicaid contributions, and felt  
comfortable that there would not be a tax increase.  
There being no further speakers, the Chairman closed the public hearing.  
Under discussion, the Commissioners expressed their rationales for approval of  
the Resolution, with the exception of Vice Chairman O'Bryan who opted to wait  
and see how the first year worked out.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Adams, to approve staff's recommendation and approve Resolution 2021-054,  
authorizing and adopting a non-ad valorem special assessment within the  
County limits for the purpose of benefiting assessed properties through  
enhanced Medicaid payments for local services; finding and determining that  
certain real property is specially benefited by the assessment; collecting the  
assessment against the real property; establishing a public hearing to  
consider imposition of the proposed assessment and the method of its  
collection; authorizing and directing the publication of notices in connection  
therewith; providing for certain other authorizations and delegations of  
authority as necessary; and providing an effective date. The motion carried  
by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Commissioner Adams, Commissioner Earman, and  
Commissioner Moss  
1 - Vice Chairman O'Bryan  
The Chairman called for a recess at 10:15 a.m., and reconvened the meeting at 10:26  
a.m. with all members present.  
21-0875  
10.A.3.  
GRBK GHO, LLC’s Request for Conceptual Special Exception Planned  
Development (PD) Plan Approval and Concurrent Preliminary PD Plan/Plat Approval  
for a Project to be known as Wisteria Walk PD [PD-21-01-02 /  
2002050024-88300] Quasi-Judicial  
Recommended Action:  
Staff recommends that BCC grant conceptual planned development (PD) plan and  
special exception approval with the following conditions: 1. Prior to issuance of a land  
development permit, the applicant shall: a. Obtain Planning staff approval of a final  
landscape and buffer plan. b. Obtain Planning staff approval of the final streetlighting  
design. c. Obtain Public Works approval of a right-of-way permit for the 15th Street  
SW and 17th Street SW pavement improvements. d. Obtain Planning staff approval  
for the tree mitigation plan. e. Obtain a wetlands determination from St. John’s River  
Water Management District. 2. Prior to or via the final plat process, the applicant  
shall: a. Construct or bond-out the required landscape buffers. b. Construct or  
bond-out the required project streetlighting. 3. Prior to issuance of a certificate of  
completion, the applicant shall: a. Construct the pavement improvements for 17th  
Street SW and 15th Street SW. b. Install all required perimeter buffers and project  
landscape improvements. c. Install all required project streetlighting. d. Construct all  
required external sidewalks. 4. Internal sidewalks shall be constructed along the  
frontage of common areas and individual lots in accordance with Section 913.09(5)  
(b)2. of the County LDRs.  
Attachments: Staff Report  
Excerpt from August 12, 2021 PZC Minutes  
Location Map  
Aerial  
Conceptual/Preliminary PD Plan  
Landscape Plan  
Chairman Flescher introduced the parties for the proceeding as being Indian River  
County and GRBK GHO, LLC (Applicant). Each Commissioner, as requested by  
the Chairman, disclosed ex parte communications, site visits, or independent  
investigations. The Commissioners also affirmed that they have an open mind and can  
base their decisions on the evidence presented and the applicable law. The Deputy  
Clerk administered the Oath to all persons who wished to speak at the hearing.  
The Chairman opened the public hearing.  
Chief of Current Development Ryan Sweeney appeared before the Board with a  
presentation describing the proposed development, requested waivers, traffic and  
landscape plans, and the Planning and Zoning Commission's preliminary approval.  
Community Development Director Phil Matson noted that this site had been  
previously approved for a small-lot subdivision, and was returning with revised plans  
for fewer homes and more public benefits.  
In discussion, the Commissioners expressed their concerns and received feedback  
from Mr. Sweeney regarding mitigation efforts for the narrow setbacks, and possible  
friction among neighbors since homes were relatively close together. Discussion  
continued regarding stormwater management, traffic impact, planned changes to 17th  
Street SW, construction access, and the developer's vision for the neighborhood.  
The following people addressed the Board:  
Joseph Schulke, Civil Engineer, Schulke, Bittle and Stoddard, LLC, appeared on  
behalf of the Applicant to inform the Board of the additional public benefits planned  
for the subdivision. Vice Chairman O'Bryan received confirmation that the land is  
currently owned by Habitat For Humanity, and he relayed concerns from residents of  
Falcon Trace regarding compatibility of the new homes with existing developments.  
An unnamed Zoom attendant received information from Mr. Sweeney regarding the  
paving of a portion of 17th Street SW. Director Matson addressed the follow-up  
question of possible trespassers.  
Joseph Paladin, Black Swan Consulting, supported staff's recommendation.  
There being no further comments, the Chairman closed the public hearing.  
Vice Chairman O'Bryan closed by reiterating his concern for conflicts among  
neighbors in light of the proximity of the homes.  
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  
21-0891  
10.A.4.  
Public Hearing on Modifications to County Code Sections 201.64 and 201.65,  
Prohibited Discharge Standards  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the draft revisions to  
the Code incorporating Florida Department of Environmental Protection-provided  
draft language for incorporation into the Sewer Use Ordinance. This Code  
modification will strengthen the County’s commitment to preventing harmful pollutants  
from entering the environment and our waterways by providing the County the legal  
authority to apply and enforce Chapter 62-625  
Attachments: Staff Report  
Draft Dentist Amalgam Ordinance  
Interim Utility Services Director Matt Jordan presented the draft Ordinance which  
incorporated language from the Florida Department of Environmental Protection  
(FDEP) regarding standards for disposal of dental amalgam. He informed that the  
County was already in compliance with the FDEP's required components related to  
hazardous waste pharmaceuticals. Mr. Jordan also described the direct mail effort  
staff undertook to notify dentists in the County of the public hearing announcement.  
Chairman Flescher discussed the importance of preventing the mercury from dental  
amalgam from entering the environment.  
The Chairman opened the public hearing.  
Carlos Halcomb, representing Ferres Dentistry, received clarification from County  
Attorney Dylan Reingold that the code changes only pertained to dental amalgam  
disposal.  
There being no further comments, the Chairman closed the public hearing.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to adopt Ordinance 2021-014, amending Section 201.64 (Definitions;  
Construction and Interpretation) and creating Section 201.681 (Dental Facilities)  
of Part III (the Indian River County Industrial Pretreatment Regulations  
Ordinance) of Chapter 201 (County Water and Sewer Services) of the Code of  
Indian River County in order to include regulations of discharges from dental  
facilities; providing for conflict and severability; providing for codification; and  
providing for an effective date. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
21-0854  
12.F.1.  
CARES Act - Spending Plan Revisions  
[Enter Recommended Action Here]  
Recommended Action:  
Attachments: Staff Report  
CARES Act Spending Plan  
City of Fellsmere CARES Act Amendment 3  
Director of Management and Budget Kristin Daniels appeared before the Board  
to describe the latest round of changes to the CARES Act spending plan, and a  
time extension request from the City of Fellsmere. Her report detailed proposed  
reallocations, as well as funds returned from municipalities, Indian River State  
College, the Indian River Hospital District, and the United Way. She went on to  
describe additional expenditures the County undertook related to Covid-19, and  
options to utilize any unspent CARES Act funds.  
Chairman Flescher received confirmation that the extension request from  
Fellsmere would not change the County's reporting requirements under the  
CARES Act plan. Commissioner Moss informed the community that mortgage  
and rental assistance was still available.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve the following recommendations: 1) approve the CARES  
Act Amendment 3 and Time Extension with the City of Fellsmere; 2) approve  
the decreases in allocations from Indian River Shores ($35,489), City of Vero  
Beach ($9,850), City of Sebastian ($12,512), Indian River State College  
($19,147), Indian River Hospital District ($9,090), and the United Way  
($609,899); and 3) approve an increase in BCC expenses for direct COVID-19  
expenditures in the amount of $695,987. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
The Chairman called a recess at 11:19 a.m., and reconvened the meeting at 11:25  
a.m. with all members present.  
G. Public Works  
21-0890  
12.G.1.  
Timothy Rose Contracting proposed donation of concrete material to support the  
County’s Artificial Reef program  
Recommended Action:  
Staff recommends the Board of County Commissioners accept the donation of  
the proposed material from Timothy Rose Contracting  
Attachments: Staff Report  
Artificial Reef Building Material Donation Agreement  
Public Works Director Rich Szpyrka requested approval of the donation of old  
concrete culvert pipes from Timothy Rose Construction for use in the County's  
artificial reef program. Director Szpyrka informed that reef materials have been  
more difficult to acquire as the price of building products has increased, and  
offered assurance that the pipes were safe to use in a marine environment.  
Commissioner Adams received confirmation from Director Szpyrka that the  
County had participated in a Department of Environmental Protection program  
which deployed concrete shapes to create habitats in the reef system. He advised  
that staff would provide an update on the success of that program.  
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  
21-0894  
12.G.2.  
Research Review Phase of the IRC Lagoon Management Plan: Update 4  
Recommended Action:  
Staff is requesting continued support for the development of the Indian River  
Lagoon Management Plan  
Attachments: Staff Report  
Research Plan Timeline  
Supporting Research  
Molly Klinepeter, Lagoon Plan Environmental Specialist, utilized PowerPoint  
slides to present the fourth and final update of the Research Review Phase of the  
Indian River Lagoon (IRL) Management Plan. Ms. Klinepeter discussed the  
following factors affecting the IRL's health: Marinas and Boat Ramps, Septic  
Systems, Stormwater, Water Consumption, and Sustainability and Resiliency.  
After each topic, the Board weighed-in with questions and comments.  
In discussion of boats mooring in the Lagoon, Vice Chairman O'Bryan confirmed  
that Florida law allowed counties to create limited anchoring areas, and he  
expressed concern that moored boats were allowed to discharge treated waste  
water into the Lagoon. He requested directing staff to research a State program  
which would designate the IRL as a no-discharge zone, and suggested presenting  
the idea at the upcoming Tri-County meeting. The Commissioners discussed  
ways the no-discharge zone could be enforced. County Attorney Dylan Reingold  
indicated he would gather additional information from counties with a similar rule.  
Ms. Klinepeter continued her presentation with the impact of nitrogen released  
from residential septic systems into the Lagoon, and the County's efforts to  
convert those systems over to sewer. Commissioner Adams stated that changing  
regulations would require a re-evaluation of grants typically used in septic to  
sewer conversion programs.  
Next, the county's regional stormwater systems/parks and their ability to remove  
nutrients were discussed. Natural Resources Manager Eric Charest provided  
operational information for the stormwater parks in response to Commissioner  
Earman's questions, and Public Works Director Rich Szpyrka addressed the  
Board's request for increased interdepartmental coordination regarding water  
storage and discharge.  
Ms. Klinepeter informed that increased population and agriculture were water  
supply stressors, and conservation programs such as restrictions and artesian well  
plugging were of growing importance. Vice Chairman O'Bryan described his  
work with Martin County to create an irrigation ordinance, as will be required by  
the St. John's Water Management District to obtain cost-sharing funds. The  
Commissioners suggested maximizing usage of stored water, and expressed  
support for residential reuse water.  
The final portion of the report discussed State and local programs and plans to  
ensure the long-term future of the Lagoon. Ms. Klinepeter concluded with a look  
forward to creating the Lagoon Management Plan based on the research  
presented, and estimated a timeline of 8 to 12 months to complete.  
Vice Chairman O'Bryan led a discussion into the disappearance of sea grass and  
its lethal effect on the manatee population. The Board expressed support for  
obtaining an update from Brevard County on their experience with muck removal  
and efforts to restore sea grass beds in the Lagoon.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve staff's recommendation and direct staff to: 1) research  
regulations regarding no-discharge zones and limited anchoring in the  
Lagoon; 2) add the no discharge issue to the Tri-County meeting Agenda; 3)  
request a report from Brevard County on muck removal results. The motion  
carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
21-0898  
12.G.3.  
Award of Bid No. 2021050, Phase 2 of Sector 3 (IRC-2109) Beach and Dune  
Restoration  
Recommended Action:  
Staff recommends that Phase 2 of the Sector 3 Beach and Dune Restoration  
Project (Bid 2021050) be awarded to Guettler Brothers Construction, LLC in  
the amount of $14,174,738.00 and requests that the Board of County  
Commissioners approve the sample agreement and authorize the Chairman to  
execute said agreement after review and approval of the agreement and public  
construction bond by the County Attorney, and after receipt and approval of the  
required insurance by the Risk Manager  
Attachments: Staff Report  
Sample Agreement  
APTIM Bid Recommendation Letter 21-0910  
Public Works Director Rich Szpyrka presented the bids and award  
recommendation for the project to re-nourish eroded sand on the southern  
portion of Sector 3. Director Szpyrka provided information on the construction  
details, and added that the work was time-sensitive due to turtle nesting season.  
He reported that funding for Phase 2 of Sector 3 Beach and Dune Restoration  
Project had been secured from FEMA and FDEP.  
The Board received information on future government funding, and confirmation  
that the County had previously used the recommended vendor, Guettler Brothers  
Construction LLC, with good results.  
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  
21-0899  
12.G.4.  
Phase 2 of the Sector 3 Beach and Dune Restoration Project (IRC-2109)  
APTIM Work Order No. 2018006-12, Phase 2 Construction Administration  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018006-12 in the total  
lump sum amount of $419,544.97. Additionally, staff recommends the BCC  
authorize the Chairman to execute Work Order No. 2018006-12  
Attachments: Staff Report  
APTIM Work Order No. 2018006-12  
APTIM WO #2018006-12 Execution agreement  
Public Works Director Rich Szpyrka referred to staff's memo dated September  
13, 2021, to request approval of the work order from APTIM to provide  
construction administration, observation and certification of the Phase 2 of Sector  
3 Beach Re-nourishment project.  
A motion was made by Vice Chairman O'Bryan, 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  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
21-0906  
13.A.  
Request for Release of Environmental Control Hearing Board Lien  
Recommended Action:  
Staff is not in support of the $500 offer amount to settle the liens on the above  
mentioned properties and seeks the Board’s decision on this matter.  
Attachments: Staff Report  
1-14-2010 Lien  
2-22-2010 Lien  
10-5-2009 Lien  
12-3-2010 lien  
12-8-2009 lien  
Property Aerial 1-11-2021  
Property Aerial on 2-17-2007  
Assistant County Attorney Susan Prado reported that the attorney's office had been  
contacted by Supreme Title with a request to release Environmental Control Hearing  
Board (ECHB) liens for two properties located in Gifford Gardens. She advised that  
the ECHB could not release a lien unless it was paid in full, and went on to present a  
negotiated offer of $1,700 from Supreme Title for the Board's approval.  
Cheryl Dunn, ECHB Officer, added that the County had previously waived landfill  
fees to demolish a derelict structure on the property. In response to query from the  
Board, Ms. Dunn informed that the ECHB used a Code Enforcement Board  
precedent of negotiating 10% of the original fine as a satisfactory amount to release a  
lien.  
County Attorney Dylan Reingold clarified the ECHB's request for Board approval.  
A motion was made by Commissioner Adams, seconded by Chairman Flescher,  
to approve acceptance of a $1,700 payment for release of Environmental Control  
Board liens on two properties in Gifford Gardens (4461 31st Avenue and 4475 31st  
Avenue). 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  
21-0895  
14.B.1.  
Status of the District 4 County Commission Seat  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Vice Chairman O'Bryan announced officially that he would not seek reelection for  
the District 4 Commission seat.  
No Action Taken or Required  
Request Board Discussion to try to Resolve Maintenance Issue of 82nd Avenue  
between 26th Street and 69th Street  
21-0907  
14.B.2.  
Recommended Action:  
Discussion  
Attachments: Commissioner's Memorandum  
Attachment 1 - Draft Interlocal Agreement  
Attachment 2 - MPO Long-Range Transportation Plan  
Attachment 3 - SRDD Easement & SRWCD Right of Way  
Vice Chairman O'Bryan provided history on the state of the roadway along 82nd  
Avenue, between 26th Street and 69th Street. He informed that the road is an  
unimproved, privately-owned right-of-way (ROW) owned by the Sebastian River  
Improvement District (SRID). Area residents and businesses have complained  
that the County-provided millings applied 10 years ago on this section of road  
have deteriorated and repair was needed. The County drafted an agreement to  
again provide millings, with the SRID providing installation; however, there was  
disagreement over long-term maintenance and the project stalled.  
The Vice Chairman described discussions with staff regarding the possibility of  
paving this section of 82nd Avenue, and staff's opinion that it was inappropriate to  
spend taxpayer dollars on maintaining a privately-owned road. Vice Chairman  
O'Bryan then presented his suggestion to have staff draft a letter to the SRID  
requesting dedication of the land needed for ROW in return for the County  
assuming the cost to pave 26th Street to 69th Street, and responsibility to  
maintain the road in the future.  
Tom Hammond, Board Member, SRID, appeared before the Board to discuss  
Vice Chairman O'Bryan's suggestion. He provided reasons why the SRID Board  
was unlikely to dedicate land for ROW without financial compensation. He also  
contended that the County had, in the past, verbally agreed to provide future  
maintenance of that section of 82nd Avenue. In rebuttal, the Vice Chairman  
noted there was no written agreement for County maintenance.  
Discussion ensued regarding when the Florida Department of Transportation  
(FDOT) planned to pave this south section of 82nd Avenue, and the financial  
implications of the project. Public Works Director Rich Szpyrka advised that the  
FDOT was at least five (5) years away from beginning to work on the section of  
82nd Avenue south of 69th Street.  
Wesley Davis, Indian River County Property Appraiser, discussed the increasing  
importance of 82nd Avenue and urged the Commissioners to reach an agreement  
to improve the south end. Director Szpyrka offered assurance that 66th Avenue  
would not be closed during its planned widening, so increased traffic on 82nd  
Avenue would not be a concern.  
Commissioner Adams received confirmation that the offer of County-provided  
millings was still on the table, and requested this option be included in staff's letter  
to the SRID. County Administrator Jason Brown received confirmation that staff  
would draft the letter for the Chairman's signature.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, directing staff to draft a letter to the Sebastian River Improvement  
District (SRID) with two (2) options: 1) request the SRID dedicate to the County  
the lands needed to pave 82nd Avenue between 26th Street and 69th Street,  
thereby making that section of 82nd Avenue a public right-of-way, and  
allowing public tax dollars to be spent on the paving and maintenance of this  
section of roadway; or 2) accept the County's offer to provide (30) loads of  
milling; SRID would then assume responsibility for installing the milling and  
maintaining that section of road. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
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 Solid Waste Disposal District. The minutes will be approved at an upcoming  
Solid Waste Disposal District meeting.  
A. Emergency Services District  
B. Solid Waste Disposal District  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Solid Waste Disposal District's Minutes for the  
meetings 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  
21-0865  
15.B.1.  
Approval of Minutes Meeting of June 8, 2021  
Approve  
Recommended Action:  
Attachments: 06082021SWDD_Draft  
Approved  
21-0867  
15.B.2.  
Approval of Minutes June 15, 2021  
Approve  
Recommended Action:  
Attachments: 06152021SWDD_Draft  
Approved  
21-0868  
15.B.3.  
Approval of Minutes Meeting June 22, 2021  
Approve  
Recommended Action:  
Attachments: 06222021SWDD_Draft  
Approved  
21-0900  
15.B.4.  
Change Order No. 2, Release of Retainage and Final Pay to SCS Field Services  
for Landfill Segment 3 Cell 1 Landfill Gas System Expansion Project (Bid  
#2021006)  
Recommended Action:  
Staff recommends that its Board approve the following: a) Approve Change  
Order No. 2 to Bid No. 2021006 to Sterns, Conrad, and Schmidt Consulting  
Engineers, Inc. dba SCS Field Services, of Reston, Virginia, for the Segment 3  
Cell 1 Landfill Gas System Expansion project in the amount of $6,388.00; b)  
Authorize the Chairman to execute the same; and, c) Approve the release of  
retainage and final payment of $63,740.00 to SCS Field Services  
Attachments: Staff Report  
CDM Smith Recommendation Letter  
Change Order No 2 from SCS Field Services  
Final Pay Application  
There was no discussion regarding this item.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, 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  
21-0901  
15.B.5.  
Final Pay and Amendment No 2 to Work Order No 2 to CDM Smith, Inc.  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the  
following: a) Approve Amendment No. 2 to Work Order No. 2 with CDM  
Smith Inc. in the amount of $8,500 to provide engineering services related to  
Phase 2 of the Class I Landfill Segment 3, Cell 1 expansion of the landfill gas  
collection system; b) Authorize the Chairman to execute the same, as presented;  
and, c) Approve CDM Smith’s final invoice amount of $38,699.66  
Attachments: Staff Report  
Amendment No 2 to Work Order No 2  
Final Invoice and Completion Report  
There was no discussion regarding this item.  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 1:25 p.m.