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  
Chairman, Joseph E. Flescher, District 2  
Vice Chairman, Peter D. O'Bryan, District 4  
Commissioner Susan Adams, District 1  
Commissioner Joseph H. Earman, District 3  
Commissioner Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, February 16, 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  
Pastor Joe Moore, Rivers of Living Waters Ministry  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
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  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
8. CONSENT AGENDA  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to approve the Consent 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  
21-0231  
8.A.  
Request for Release of an Easement Located at 11425 Old Dixie Highway  
Attachments: Staff Report  
Aerial Map with Conservation Easement  
Recorded Conservation Easement  
Proposed Resolution Releasing Easement  
Approved Resolution 2021-016, releasing an easement located at 11425 Old Dixie  
Highway (Spirit of Sebastian, LLC).  
21-0214  
8.B.  
Award of Bid 2021021 for Operations of the Biosolids Dewatering Facility, Sludge  
Dewatering and Hauling  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
21-0246  
8.C.  
8.D.  
Modification to Purchase of Enviro-Blocks from Inter-Block Retaining Systems, Inc.  
Attachments: Staff Report  
Proposal from Inter-Block Retaining Systems, Inc.  
Approved staff's recommendation  
21-0221  
Renewal of Lease Agreement 2601 51st Avenue, Vero Beach, FL 32966 Tenants:  
Nick Pappas and Ember Pappas  
Attachments: Staff Report  
Renewal of Lease Agreement  
Approved staff's recommendation  
21-0242  
8.E.  
Work Order No. 6, Ecological Associates, Inc. Habitat Conservation Plan Sea Turtle  
Monitoring North and South County  
Attachments: Staff Report  
HCP Sea Turtle Monitoring Proposal  
Agreement Execution  
Approved staff's recommendation  
21-0244  
8.F.  
Sector 3 Beach and Dune Restoration Project (IRC1925) APTIM, Work Order No.  
2018006-9, Immediate Post-Construction Environmental Monitoring  
Attachments: Staff Report  
APTIM Work Order No. 2018006-9  
WO No. 2018006-9 Agreement Execution  
Approved staff's recommendation  
21-0245  
8.G.  
Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No.  
2018029-8, Year 1 Post-Construction Environmental Monitoring  
Attachments: Staff Report  
APTIM Work Order No. 2018006-9  
Agreement Execution  
Approved staff's recommendation  
21-0241  
8.H.  
South County Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project  
Delays  
Attachments: Staff Report  
Kimley-Horn Letter  
Approved staff's recommendation  
21-0243  
8.I.  
Roseland Road Sewer Expansion Cost Share Agreement between Indian River  
County and City of Sebastian  
Attachments: Staff Report  
Cost Share Agreement  
Force Main Extension Map  
Estimated Cost Allocation  
Approved staff's recommendation  
21-0251  
8.J.  
Ocean Concrete and George Maib v. Indian River County  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
21-0254  
9.A.  
Applications for Citizen Member to the Value Adjustment Board  
Attachments: Staff Memorandum  
Application Wykoff  
Resume Wykoff  
Application Mucher  
Resume Mucher  
Resignation of Joseph Leo George  
County Attorney Dylan Reingold introduced the item on behalf of the Clerk to the  
Board. There was no discussion regarding the nominees.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
O'Bryan, to appoint William R. Wykoff to the position of Citizen Member to the  
Value Adjustment Board. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
21-0256  
9.B.  
Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith re:  
Jury Scam Warning  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, appeared before the  
Board to issue a public notice of a phone scam targeting citizens who failed to attend  
jury duty. He recounted a victim's account of the call she had received directing her  
to pay bogus fines and court costs over the phone. Mr. Smith advised that juror  
communication from the Court is done in writing, never by phone, and urged citizens  
to report any such calls to the Clerk's office. Staff agreed to post a scam warning to  
the County's website.  
No Action Taken or Required  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
21-0253  
11.A.  
Update Regarding COVID-19 Vaccinations  
Attachments: Staff Report  
County Administrator Jason Brown provided an update on the statewide and local  
COVID vaccination efforts. He noted that County's vaccination rate was outpacing  
the State's rate, with additional vaccine locations due to come online in the future. His  
report also covered updates on the County's registration system, a call center phone  
line mix-up, vaccination calendar update, a sample of the vaccination appointment  
offer, and wait list metrics.  
Cheryle Halleran addressed the Board with the difficulty she experienced trying to  
register for the wait list via analog phone, and her efforts to solve the problem. She  
requested that the Board consider ways to reach those residents who cannot be  
contacted digitally.  
Discussion ensued among the Commissioners regarding the State's Sharecare  
registration system, strides made in the vaccination appointment system, appreciation  
for citizen volunteers, and the increase in positive community feedback.  
Peter Robinson, County resident, addressed the Board with praise for the County's  
vaccination process.  
No Action Taken or Required  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
12.F.1.  
2021/2022 Budget Workshop/Hearing Schedule  
Attachments: Staff Report  
Management and Budget Director Kristin Daniels presented the dates for the  
2021/2022 Budget Workshop and Hearings. Director Daniels and the Board  
discussed the County's positive relationship with newly-elected Indian River  
County Sheriff Eric Flowers.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve the budget workshop and budget hearing dates for the  
2021/2022 Fiscal Year. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
G. Public Works  
21-0237  
12.G.1.  
Indian River County Courthouse Renovations Project (IRC-1728) Release of  
Retainage and Change Order No. 1  
Attachments: Staff Report  
Change Order No. 1  
Change Order No. 1  
Public Works Director Richard Szpyrka presented a timeline and photographs of  
the completed renovations at the County Courthouse. Director Szpyrka gave  
kudos to Project Manager Kirstin Leiendecker.  
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  
21-0240  
12.G.2.  
Presentation Regarding Indian River County Welcome Signs, IRC-1816  
Attachments: Staff Report  
Public Works Director Richard Szpyrka shared photographs of the four (4)  
newly-installed Indian River County welcome signs. He noted that feedback from  
the community had been positive.  
No Action Taken or Required  
H. Utilities Services  
21-0250  
12.H.1.  
TV Truck Buyback Option with Envirosight  
Attachments: Staff Report  
Utility Services Director Vincent Burke appeared before the Board to detail his  
department's continual problems with closed circuit television (CCTV) equipment  
purchased from Envirosight Products Group, Inc. Director Burke explained that  
the TV equipment, which was retrofitted onto an existing truck, was an important  
tool used to assess the condition of the County's sewer system. He sought  
approval to utilize Envirosight's buyback option to return the CCTV truck and  
recoup 70 percent of the cost.  
Vice Chairman O'Bryan received confirmation from County Attorney Dylan  
Reingold that exercising the buyback option was preferable to pursuing litigation  
with Envirosight. Commissioner Earman asked and received answers from  
Director Burke regarding his department's plan to move forward with a truck  
from a different provider.  
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  
21-0252  
12.H.2.  
Utility Accounts Receivable Bad Debt  
Attachments: Staff Report  
Attachment 1 Draft Notice of Future Charges  
Attachment 2 Proposed Code Modifications  
Attachment 3 October 20 2020 Agenda Item  
Attachment 4 Minutes to the October 20 2020 Agenda Item  
Utility Services Director Vincent Burke presented an update on his department's  
proposal to resolve past-due utility accounts, first presented at the October 20,  
2020 Board meeting. He referred to staff's memo dated February 10, 2021, to  
detail the recommended payment plans, foreclosure option, and an early  
notification warning for past due accounts. He stated that staff had drafted an  
ordinance containing the proposed code modifications for presentation at a future  
public hearing.  
The Board spoke in favor of the presented plan, and complimented the work  
done by Utility Department staff. County Attorney Dylan Reingold affirmed his  
support of the plan.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Moss, to approve staff's recommendations. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
13. COUNTY ATTORNEY MATTERS  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph E. Flescher, Chairman  
B. Commissioner Peter D. O'Bryan, Vice Chairman  
21-0234  
14.B.1.  
Resolution in support of the Legislature funding Florida Forever  
Attachments: Commissioner's Memorandum  
Proposed Resolution  
Vice Chairman Peter O'Bryan advocated for a resolution in support of the Florida  
Legislature funding Florida Forever in Fiscal Year 2021-2022. He noted that the  
County had backed this measure in the past.  
Dr. Richard Baker, President, Pelican Island Audubon Society, spoke regarding  
the status of Florida's agricultural and conservation lands, and thanked the Board  
for their support of conservation efforts.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve Resolution 2021-017, expressing support for $125 million  
funding for Florida Forever for Fiscal Year 2021-2022. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
21-0235  
14.B.2.  
Proposed Ordinance to prohibit the sale and distribution of tobacco products to  
persons under 21 years of age  
Attachments: Commissioner's Memo  
COVB Tobacco Ordinance 2020-11  
Florida Local Retail Tobacco Licensing Ordinance  
Vice Chairman O'Bryan requested the Board's consideration of an ordinance to  
raise the legal age limit for tobacco product purchases from 18 to 21, including  
vaping products which are not currently regulated. He included a copy of the City  
of Vero Beach's ordinance as an example.  
County Attorney Dylan Reingold noted that the Federal government recently  
raised the age limit to 21 for tobacco product purchases, and supported aligning  
the County's regulations with the Federal ones. Additionally, he noted that State  
vaping regulations allowed room for more-stringent County restrictions to be  
adopted.  
Vice Chairman O'Bryan requested that Attorney Reingold look into whether an  
exception could be made for anyone 18 and over with military ID to purchase  
tobacco products. The Board and staff then discussed the value of aligning  
Federal, State, and local regulations to alleviate enforcement issues across  
jurisdictions.  
Kyleigh Savoie, Tobacco Free Partnership Facilitator, thanked the Board for their  
support and presented statistics regarding youth smoking and vaping.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to direct the County Attorney return to the Board at a future public  
hearing with an ordinance to change the legal age for purchasing tobacco  
and vaping products from 18 to 21 in Indian River County. 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  
A. Emergency Services District  
B. Solid Waste Disposal District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Solid Waste Disposal District. Those minutes will be approved at an  
upcoming Solid Waste Disposal District meeting.  
21-0249  
15.B.1.  
Fifteenth Amendment to Republic Services  
Attachments: Staff Report  
SCS Field Services Proposal  
Fifteenth Amendment to Republic Services  
Director of Utility Services Vincent Burke referred to staff's memo dated  
February 5, 2021 as he detailed the proposal for additional Operation and  
Maintenance services needed for the County's landfill gas system.  
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  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 10:40 a.m.