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, April 13, 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  
Associate Minister Scott Blount, Vero Christian Church  
3. PLEDGE OF ALLEGIANCE  
Commissioner Susan Adams  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: 5.A.1. Vice Chairman O'Bryan requested the Board's indulgence as he  
added an unnamed item to the Agenda.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Agenda as amended. 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  
5.A.1. 21-0432  
Happy Birthday to Chairman Flescher  
Chairman Flescher was surprised with a heartfelt rendition of Happy Birthday to  
You, sung by Maya Miller, Traffic and Engineering Division.  
No Action Taken or Required  
21-0403  
5.A.  
Presentation of Proclamation Honoring Ella Goodman on Her Retirement from the  
Indian River County Sheriff's Office  
Attachments: Proclamation  
Chairman Flescher read and presented the Proclamation to Ms. Ella Goodman in  
honor of her thirty years of service with the Indian River County Sheriff's Office. The  
Chairman shared his early experience meeting Ms. Goodman ("Miss Ella") and her  
positive influence on everyone she encountered. Ms. Goodman thanked the  
Commissioners, Indian River County Sheriff Eric Flowers, and the Sheriff's Deputies  
who were on hand to support her. Sheriff Flowers congratulated Ms. Goodman on  
behalf of the Sheriff's Department, noting she would be missed by all.  
Read and Presented  
21-0410  
5.B.  
Presentation of Proclamation Recognizing National Public Safety Telecommunications  
Week - April 11 - 17, 2021  
Attachments: Proclamation  
Commissioner Earman read and presented the Proclamation to a group of Indian  
River County Sheriff's Office Public Safety Dispatchers, and expressed his respect for  
their work. Chairman Flescher spoke of the critical role dispatchers play in keeping  
citizens safe.  
Robyn Candarini, Indian River County Sheriff's Office Dispatch Administrator, spoke  
in support of a Federal bill which would reclassify dispatchers from administrative  
personnel to first responders. Indian River County Sheriff Eric Flowers supported  
reclassification legislation.  
Vice Chairman O'Bryan requested that Legislative and Communications Manager  
Kathleen Keenan add the reclassification issue to the next County Legislative  
Priorities List. Chairman Flescher supported creating a Resolution of Support for the  
issue as well. County Administrator Jason Brown informed that the State Senate had  
passed a bill allowing first responders to participate in the state pension plan.  
Read and Presented  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
21-0386  
21-0397  
7.A.  
7.B.  
Final “State Approved” Indian River County Local Housing Assistance Plan for Fiscal  
Years 2021-2022, 2022-2023, and 2023-2024  
Attachments: Staff Report  
2021 - 2024 State Approved LHAP  
No Action Taken or Required  
Residential Paper Shredding Event on Saturday, April 17, 2021  
Attachments: Staff Report  
Recycling Education Director Sue Flak provided details of the paper shredding event  
which was free to the public.  
Vice Chairman O'Bryan thanked Waste Management for covering the $5-per-car  
fee.  
No Action Taken or Required  
21-0407  
7.C.  
Environmental Control Hearing Board Committee Resignation-Vacancy  
Attachments: Staff Report  
210326 Email Resignation - Christopher Murphy  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, 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  
21-0347  
8.A.  
Jody H. Oliver’s Request for Affidavit of Exemption Approval with Dedications to the  
County [AOE-20-02-01 / 2019080148-85940] (Burlingham AOE)  
Attachments: Staff Report  
Location Map  
Affidavit of Exemption Layout  
Approved staff's recommendation  
21-0385  
8.B.  
FDOT Small County Outreach Program (SCOP) Agreement and Resolution for  
Construction and Construction and Engineering Inspection (CEI) Services for Milling  
and Resurfacing 6th Avenue from SR-5/US-1 to 21st Street - Project No.  
IRC-1638, FM No. 438074-1-54-01  
Attachments: Staff Report  
Indian River County Grant Form  
Authorizing Resolution  
FDOT SCOP Agreement  
Approved staff's recommendation and Resolution 2021-028, authorizing the  
Chairman’s execution of Small County Outreach Program (SCOP) Agreement  
with the Florida Department of Transportation for Construction (milling and  
resurfacing) and Construction Engineering Inspection (CEI) services for 6th  
Avenue from SR-5/US-1 to 21st Street.  
21-0387  
21-0390  
8.C.  
8.D.  
CR 512 Bridge Repairs (FDOT #884078 & #884079) Release of Retainage and  
Change Order No. 1, IRC-1727  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
FDEP Grant Agreement 21IR1 (Vero Beach Restoration - Sector 5 Construction  
and Monitoring)  
Attachments: Staff Report  
FDEP Grant Agreement 21IR1  
Indian River County Grant Form No. 21IR1  
Approved staff's recommendation  
21-0391  
8.E.  
Approval of Egret Marsh Slide Gate Replacement Project Construction Contract with  
Costello Brothers Marine Construction, Inc  
Attachments: Staff Report - Costello  
Sample Agreement  
Approved staff's recommendation  
21-0393  
8.F.  
FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement  
No. 2 for 66th Avenue Roadway Widening (49th Street to 69th Street) FM No.  
436379-1-54-01;436379-1-54-02 (IRC-1505)  
Attachments: Staff Report  
Indian River County Grant Form  
Authorizing Resolution  
FDOT TRIP Supplemental Agreement No. 2  
Approved staff's recommendation and Resolution 2021-029, authorizing the  
Chairman’s execution of Transportation Regional Incentive Program  
Supplemental Agreement No. 2 with the Florida Department of Transportation for  
66th Avenue roadway widening from 49th Street to 69th Street for Construction  
and Construction Engineering Inspection (CEI) services.  
21-0394  
21-0399  
8.G.  
8.H.  
43rd Avenue Bridge Replacement Over S. Relief Canal (IRC-2014), Amendment  
No. 1 to Work Order No. 33 with Kimley-Horn and Associates, Inc.  
Attachments: Staff Report  
Amendment No.1 to Work Order 33  
Approved staff's recommendation  
The Reserve At Grand Harbor, Plat 33 - Request for 2-Year Extension to Final Lift  
of Asphalt Contract - Developer: GH Vero Beach Development LLC  
Attachments: Staff Report  
Second Modification (extension)  
Exhibit "A" to Second Modification  
Approved staff's recommendation  
21-0400  
8.I.  
Cove At Falcon Trace PD Plat 1 - Request for 2-Year Extension to Final Lift of  
Asphalt Contract - Developer: D.R. Horton, Inc.  
Attachments: Staff Report  
Modification to Contract  
Exhibit "A" to Modification to Contract  
Approved staff's recommendation  
21-0380  
8.J.  
Work Order #9 Well Abandonment and Additional Testing  
Attachments: Staff Report  
Tetra Tech Work Order #9  
Approved staff's recommendation  
21-0396  
8.K.  
Final Pay TLC Diversified, Inc. for South County Reverse Osmosis Water Treatment  
Plant Blower Replacement  
Attachments: Staff Report  
Final Pay Application  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
County Attorney Dylan Reingold read the notices of public hearing into the  
record.  
21-0388  
10.C.1.  
Notice of Public Hearing Scheduled for April 20, 2021: Consideration of an  
Ordinance to Amend the Zoning and accompanying Zoning Map for  
approximately ±40.25 acres located south of and adjacent to 26th street  
approximately ±775 feet east of 66th avenue and approximately ±700 feet west  
of 58th avenue and north of the Indian River Mall, from PDTND, Planned  
Development Traditional Neighborhood Design, to RM-8, Multiple Family  
Residential District (up to 8 units per acre). (Quasi-Judicial)  
Attachments: Staff Report  
No Action Taken or Required  
21-0389  
21-0398  
10.C.2.  
10.C.3.  
Notice of Scheduled Public Hearing for April 20, 2021 for a Proposed FPL  
Solar Energy Site (Quasi-Judicial)  
Attachments: Staff Report  
No Action Taken or Required  
Notice of Scheduled Public Hearing on April 20, 2021, to Consider North  
Sebastian Water and Sewer Phase 2, Resolution III (Legislative)  
Attachments: Staff Report  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
21-0402  
11.A.  
Update Regarding COVID-19 Vaccinations  
Attachments: Staff Report  
County Administrator Jason Brown provided an update on the status of COVID-19  
vaccinations. He reported that 88 percent of County residents age 65 and older, and  
more than 44 percent of all other residents had been vaccinated. Administrator  
Brown noted that the County-administered vaccination rate had slowed due to the  
availability of additional private outlets and lessened demand. He continued by  
reporting that all of the wait list registrants had been scheduled, and that the  
fairgrounds' mass-vaccination site would soon close with the Health Department  
offering walk-in vaccinations instead.  
Vice Chairman O'Bryan gave a favorable account of his vaccination experience at the  
fairgrounds. Commissioner Earman thanked staff for their dedication.  
No Action Taken or Required  
21-0411  
11.B.  
American Recovery Plan Act of 2021 - Proposed Spending Plan  
Attachments: Staff Report - ARP  
ARP Proposed Spending Plan  
County Administrator Jason Brown presented the initial spending plan for the first  
round of funding from the American Recovery Plan (ARP) Act of 2021. He noted  
that the County and the municipalities would each receive their own allocation of ARP  
funds directly.  
Administrator Brown referred to staff's memorandum of April 5, 2021, as he  
recounted specifics of the allocations in each of five (5) spending categories. He  
added that with limited federal government guidelines, the County chose to focus on  
long-term improvements in order to transition past emergency aid.  
Commissioner Moss expressed disappointment that nonprofit organizations were not  
included in the distribution of funds. She proposed $1,000,000 be made available to  
qualified 501(c)(3) groups to assist with operating costs, and suggested using the  
Small Business Assistance Program criteria as a model. The Commissioner reported  
that the Regional Director of the Florida Small Business Development Center at  
Indian River State College (FSBDC at IRSC), Tom Kindred, would process the  
applications for free.  
Lengthy discussion ensued on the topic of nonprofit funding as each Commissioner  
offered their input on subjects including the criteria for distributing funds, inclusion of  
the County's municipalities, and the role of outside consultants.  
Chairman Flescher expressed concern with putting staff in a position of playing  
favorites by having to decide which of the County's almost 700 registered nonprofits  
would receive funding.  
County Administrator Jason Brown concurred with the need to specify an impartial  
manner to process applications because nonprofits could not be filtered in the same  
way as small businesses.  
Commissioner Earman voiced unease that some worthy nonprofit 501(c)(4) entities,  
like the Firefighter's Fair, would be excluded under the current criteria. He too was  
unconvinced that Commissioner Moss' proposal contained an objective method to  
choose among the hundreds of organizations.  
Vice Chairman O'Bryan proposed vetting and verifying applicants by selecting only  
those which had done business with the County or the United Way in the last ten (10)  
years. He also supported limiting grants to those entities headquartered in the  
unincorporated County since the municipalities would receive their own ARP funds to  
distribute.  
Commissioner Adams opened her comments by advocating for additional mental  
health and substance abuse funding to help manage the aftereffects of the pandemic.  
Regarding nonprofits, she favored focusing on those who had not yet received  
assistance, and listed additional documentation, such as financial statements and future  
plans, that should be required.  
Commissioner Moss agreed on the need for more defined criteria, noted that religious  
organizations would be ineligible, suggested awarding grants in the amount of $5,000,  
and also mentioned incorporating criteria parameters from Mr. Kindred of the  
FSBDC. The Commissioners and staff were not in favor of having an outside entity  
like the FSBDC decide County policy, and were wary of the offer for free application  
processing.  
Administrator Brown requested direction from the Board on the total funding amount,  
and advised that staff would return to a future meeting with criteria for the Board's  
approval.  
Discussion returned to funding only those entities headquartered in the unincorporated  
areas of the County, and directing other nonprofits to approach their respective  
municipalities first for relief. Commissioner Moss suggested disallowing organizations  
to receive ARP funds from both their city and the County. Chairman Flescher  
requested staff return with a list of all nonprofits which met the criteria for ARP grants  
to better evaluate the financial scope.  
Commissioner Adams was in favor of providing $500,000 of ARP funds for grants to  
nonprofit organizations, an additional $500,000 for mental health assistance, and to  
have staff return with criteria culled from the discussion for Board approval.  
Administrator Brown relayed staff's suggestion to fund the motion by reallocating  
$500,000 from housing initiatives and $500,000 from broadband improvement.  
Heather Stapleton, Executive Director, Vero Heritage, thanked the Board and noted  
that nonprofits required multiple avenues of assistance to survive.  
Janie Hoover, President, Main Street Vero Beach, acknowledged that the need was  
always greater than the resources available to help. She thanked the Board for the  
inspiration to approach the City of Vero Beach for funding.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Earman, to approve staff's recommendation with the modification to reallocate  
$500,000 from housing initiatives and $500,000 from the broadband improvements  
to be used for additional mental health assistance and grants for small, nonprofit  
organizations. Additionally, staff was directed to work on criteria for nonprofit  
grant disbursement based on the Commissioner's comments and return to the  
Board with their recommendation. 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 for a recess at 11:10, and reconvened the meeting at 11:20, with  
all members present.  
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  
21-0409  
12.G.1.  
Designation of Trane U.S. Inc., as Sole Source Provider for HVAC Control  
Systems, System Refurbishments, and Equipment Replacement  
Attachments: Staff Report  
IRC Health Dept AHU and VAV Replacement Proposal  
Proposal - Supplied Equipment  
Courthouse AHU evaluation report  
Vice Chairman O'Bryan requested that the Budget Department keep track of  
how much business was being awarded to sole source providers. He  
acknowledged that there were instances where sole source providers were  
necessary, but was also cautious of the exception becoming the rule.  
A motion was made by Commissioner Earman, 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  
21-0383  
13.A.  
Acquisition of Right-Of-Way for Phase II of 66th Avenue Improvements - Jeta  
Ranch, LLC - 66th Avenue, Parcel 129  
Attachments: Staff Report  
Exhibit "2" Agreement to purchase  
Exhibit "A" Parcel 129 sketch/description  
Exhibit "B" TCE & driveway agreement  
Susan Prado, Assistant County Attorney, referred to staff's memorandum of April 7,  
2021 as she pointed out the area of take and the make-goods negotiated for the  
portion of Jeta Ranch, LLC needed for the 66th Avenue widening project.  
A motion was made by Commissioner Adams, 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  
21-0404  
13.B.  
Request for Waiver of Interest on Demolition Lien - Unity Development Investments,  
LLC  
Attachments: Staff Report  
Deputy County Attorney Bill DeBraal recounted details of the overdue liens attached  
to a vacant parcel located at 8720 92nd Avenue. He appeared before the Board on  
behalf of a potential buyer, Mr. Juan Ortega, who requested a waiver of the interest  
accrued on the demolition lien.  
Mr. Juan Ortega, Unity Development Investments, LLC, (Unity) appeared via Zoom  
and explained that his company was attempting to clear title to the property. He  
requested the Board's approval to waive 90% the accrued interest, and Unity would  
pay the demolition lien plus the remaining 10% interest.  
Vice Chairman O'Bryan received confirmation that the property was not  
homesteaded since it was vacant land. He then questioned whether the County could  
foreclose on the property and then sell it to Mr. Ortega. Attorney DeBraal advised  
that it could be done, but the process took several months and there were associated  
costs. The Commissioner expressed discomfort that the property owner would profit  
from the lot's sale after failing to pay multiple liens and the property taxes.  
Vice Chairman O'Bryan then requested that staff be more proactive in foreclosing on  
properties which had long-standing liens so as not to reward the bad behavior of  
negligent owners. County Attorney Dylan Reingold noted that historically the County  
had been reluctant to pursue foreclosure in those cases. He agreed to work with staff  
to implement the Commissioner's request by identifying non-homesteaded properties  
which had overdue demolition and/or code enforcement liens.  
A motion was made by Commissioner Adams, 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  
21-0408  
14.E.1.  
Naming of Pavilion at Jones Pier Conservation Area to Ruth Stanbridge  
Educational Pavilion  
Attachments: Commissioner's Memorandum  
Resolution 2011-042  
Commissioner Laura Moss brought forward a suggestion to rename the  
educational pavilion at Jones' Pier Conservation area in honor of Ruth Stanbridge,  
President of the Indian River County Historical Society. Commissioner Moss  
recounted Ms. Stanbridge's history of service to the County.  
Commissioner Adams expressed appreciation for the fortuitous nature of  
Commissioner Moss' suggestion, as she had been working with staff to honor Ms.  
Stanbridge upon completion of the Jones' Pier restoration. She read from a  
prepared statement honoring Ms. Stanbridge for her advocacy in preserving  
historically and environmentally unique locations throughout Indian River County.  
Chairman Flescher described Ms. Stanbridge as a driving force behind  
maintaining the singular nature of Indian River County's historical sites. He  
entered into discussion with Commissioner Adams regarding whether the scope of  
the honor matched the magnitude of Ms. Stanbridge's contributions to the County.  
Commissioner Adams agreed that Ms. Stanbridge had wide-reaching interests,  
but felt the location and timing presented a perfect opportunity.  
Commissioner Earman questioned if the Jones' Pier pavilion was broad enough a  
project to honor Ms. Stanbridge, but did support the recommendation.  
Vice Chairman O'Bryan suggested renaming a portion of the Jungle Trail for Ms.  
Stanbridge, since that location was so closely associated with her. He too  
supported the pavilion renaming.  
The following people spoke in appreciation for Ms. Stanbridge's dedication to  
preserving the history of Indian River County:  
Freddie Woolfork, Gifford Youth Achievement Center  
Joseph Paladin, Real Estate Developer  
Richard Baker, Pelican Island Audubon Society  
Ruth Stanbridge thanked staff for their assistance in turning her preservation ideas  
into reality.  
Beth Powell, Assistant Director, Parks and Conservation Resources, described  
Ms. Stanbridge a visionary for the County, and spoke of her involvement in  
preserving the Jungle Trail.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Adams, to approve naming the pavilion at Jones' Pier Conservation Area the  
Ruth Stanbridge Educational Pavilion. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services 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.  
B. Solid Waste Disposal District  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve the January 19, 2021 and February 02, 2021 Solid Waste  
Disposal District Meeting Minutes as written. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
21-0366  
15.B.1.  
15.B.2.  
15.B.3.  
Approval of Minutes Meeting of January 19, 2021  
Attachments: 01192021SWDD_Draft  
Approved  
21-0375  
Approval of Meeting Minutes February 02, 2021  
Attachments: 02022021SWDD_Draft  
Approved  
21-0405  
Approval of Work Change Directive and Final Pay to Summit Construction of  
Vero Beach, LLC  
Attachments: Staff Report  
Summit Work Change Directive and Final Invoice  
There was no discussion regarding this item.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, 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  
21-0406  
15.B.4.  
Approval of Final Pay to Timothy Rose Contracting, Inc.  
Attachments: Staff Report  
Timothy Rose Contracting Final Invoice  
There was no discussion regarding this item.  
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 12:14 p.m.