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, August 17, 2021  
9:00 AM  
Commission Chambers  
This meeting can be attended virtually via Zoom. Instructions can be found at the end of  
this agenda and also online at www.ircgov.com.  
1. CALL TO ORDER  
5 -  
Present:  
Commissioner Laura Moss  
Chairman Joseph Flescher  
Vice Chairman Peter O'Bryan  
Commissioner Susan Adams  
Commissioner Joe Earman  
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF  
THE ARMED FORCES  
2.B. INVOCATION  
Reverend Hunter VanWagensen, Christ Church Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: 8.AP. Approval of Blue Medicare Advantage Renewal  
13.D. Acquisition of Right-Of-Way from Pamela Ryall Morris for Phase I of 66th  
Avenue Improvements - 6760 57th Avenue, Parcel 320  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve the Agenda as amended. The motion carried by the following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
5. PROCLAMATIONS and PRESENTATIONS  
21-0768  
5.A.  
ReCollect Waste Wizard - CARTer's Corner Mobile Application  
For presentation purposes - no action required  
Recommended Action:  
Attachments: Staff Report  
Recycling Education and Marketing Coordinator Sue Flak appeared before the  
Board accompanied by the County's recycling mascot, Carter. Ms. Flak used a  
PowerPoint presentation and live demonstration to introduce a new educational tool  
named "CARTer's Corner", which answers residents' questions regarding which items  
are recyclable. She informed that CARTer's Corner was also available as a mobile  
app that residents could download for free.  
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 April 20, 2021, May 4, 2021,  
May 11, 2021, and May 18, 2021, as written. The motion carried by the following  
vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0720  
6.A.  
6.B.  
6.C.  
Regular Meeting of April 20, 2021  
Approve  
Recommended Action:  
Attachments: 04202021BCC_Draft  
Approved  
21-0725  
Regular Meeting of May 04, 2021  
Approve  
Recommended Action:  
Attachments: 05042021BCC_Draft  
Approved  
21-0783  
Regular Meeting of May 11, 2021  
Approve  
Recommended Action:  
Attachments: 05112021BCC_Draft  
Approved  
21-0785  
6.D.  
Regular Meeting of May 18, 2021  
Approve  
Recommended Action:  
Attachments: 05182021BCC_Draft  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
21-0703  
7.A.  
Florida Public Service Commission PAA Order PSC-2021-0252-PAA-EQ  
approving FPL's revised standard offer contract and associated rate schedule QS-2,  
a copy is on file in the Clerk to the Board Office.  
Recommended Action:  
Information Only  
No Action Taken or Required  
21-0731  
7.B.  
Florida Public Service Commission Consummating Order  
PSC-2021-0252-PAA-EQ effective and final; docket to be closed.  
Recommended Action:  
Information Only  
Attachments: File ID 21-0731  
No Action Taken or Required  
21-0711  
7.C.  
2022 Holiday Schedule  
Recommended Action:  
None required. Informational only.  
Attachments: Staff Report  
No Action Taken or Required  
21-0712  
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  
Vice Chairman O'Bryan announced that the September 6, 2021 District 4 Community  
Meeting was cancelled.  
No Action Taken or Required  
21-0742  
7.E.  
3rd Quarter FY 2020/2021 Budget Report  
No Action Required  
Recommended Action:  
Attachments: Staff Report  
3rd Quarter Budget Report  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, to approve the Consent Agenda as amended, pulling items 8.O., 8.U.,  
and 8.W. for discussion. The motion carried by the following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0704  
8.A.  
8.B.  
8.C.  
8.D.  
Checks and Electronic Payments June 25, 2021 to July 1, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of June 25, 2021 to July 1, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0705  
Checks and Electronic Payments July 2, 2021 to July 8, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 2, 2021 to July 8, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0713  
Checks and Electronic Payments July 9, 2021 to July 15, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 9, 2021 to July 15, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0718  
Checks and Electronic Payments July 16, 2021 to July 22, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 16, 2021 to July 22, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0727  
8.E.  
8.F.  
8.G.  
Checks and Electronic Payments July 23, 2021 to July 29, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 23, 2021 to July 29, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0745  
Checks and Electronic Payments July 30, 2021 to August 5, 2021  
Recommended Action:  
Approve the list of checks and electronic payments issued by the Comptroller's office  
for the time period of July 30, 2021 to August 5, 2021  
Attachments: Finance Department Staff Report  
Approved  
21-0715  
Subrecipient Award Agreement - TCHSC  
Recommended Action:  
Approve the subrecipient award agreement with the Treasure Coast Homeless  
Services Council and execute any related documents.  
Attachments: Finance Department Staff Report  
TCHSC Subrecipient Agreement 2021  
Approved staff's recommendation  
21-0752  
8.H.  
Subrecipient Award Agreement - SRA  
Recommended Action:  
Approve the Subrecipient Award agreement with the Senior Resource Association  
and execute any related documents.  
Attachments: Finance Department Staff Report  
SRA SubRecipient Grant Agreement 2021  
Approved staff's recommendation  
21-0707  
8.I.  
Approval of 2021/2022 State Funded Subgrant Agreement (T0149) To Update  
Indian River County's Hazards Analysis  
Recommended Action:  
Staff recommends approval of the agreement and acceptance of the funding provided  
in the agreement.  
Attachments: Staff Report  
2021-2022 Indian River Grant Agreement  
IRC Grant Form  
Approved staff's recommendation  
21-0717  
8.J.  
Acceptance and Approval of Expenditures for Emergency Management  
State-Funded Subgrant Agreement (EMPA) Agreement Number A0209  
Recommended Action:  
Staff recommends approval of the State-Funded Subgrant Agreement A0209,  
associated expenditures, and authorization of the Chairman to execute this agreement  
between Indian River County Emergency Management and the State of Florida,  
Division of Emergency Management.  
Attachments: Staff Report  
Grant Form  
FY 2021-2022 EMPA INDIAN RIVER AGREEMENT-A0209  
Approved staff's recommendation  
21-0723  
8.K.  
Acceptance and Approval of Expenditures of Emergency Management  
Federally-Funded Subgrant Agreement (EMPG Agreement Number: G0301) and  
Expenditure Approval  
Recommended Action:  
Staff recommends approval of the Federally-Funded Subgrant Agreement (G0301),  
associated expenditures, and authorization of the Chairman to execute this agreement  
between Indian River County Emergency Management and the State of Florida,  
Division of Emergency Management.  
Attachments: Staff Report  
EMPG Grant Form  
FY 2021-2022 EMPG INDIAN RIVER AGREEMENT-G0301  
Approved staff's recommendation  
21-0724  
8.L.  
Acceptance and Approval of Expenditures of Emergency Management Performance  
Grant Program-American Rescue Plan Act (EMPG-ARPA Agreement Number:  
G0310)  
Recommended Action:  
Staff recommends approval of the Federally Funded Subgrant Agreement (G0310),  
associated expenditures, and authorization of the Chairman to execute this agreement  
between Indian River County Emergency Management and the State of Florida,  
Division of Emergency Management in the amount of $13,926.00.  
Attachments: Staff Report  
Grant Form  
FY 2021-2022 EMPG-ARPA INDIAN RIVER AGREEMENT-G0310  
Approved staff's recommendation  
21-0719  
8.M.  
Addendums to Administrative Services Agreements - RxBenefits and Express Scripts  
effective January 1, 2021 and October 1, 2021  
Recommended Action:  
Staff respectfully requests the Board of County Commissioners approve and authorize  
the Board Chairman to sign the administrative services agreement addendums with  
RxBenefits after review and approval by the County Attorney.  
Attachments: Staff Report  
Addendum 1/1/2021  
Addendum 10/1/2021  
Approved staff's recommendation  
21-0728  
8.N.  
Limited COVID-19 Sick Pay Benefit  
Approve  
Recommended Action:  
Attachments: Staff Report  
Limited COVID-19 Sick Pay Benefit  
Approved staff's recommendation  
21-0732  
8.O.  
Award of Bid No. 2021048 for Oslo Riverfront Conservation Area Planting  
Recommended Action:  
Staff recommends the Board award Bid 2021048 to Sandhill Environmental Services,  
LLC, approve the sample agreement and authorize the Chairman to execute the  
agreement after receipt and approval of the required insurance, and after approval by  
the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Vice Chairman O'Bryan expressed his concern regarding the wide range of prices  
submitted during bidding. Purchasing Manager Jennifer Hyde explained that the  
lowest responsive and responsible bidder, Sandhill Environmental Services LLC, had  
costs which were lower because they grew their own plants. She assured the Vice  
Chairman that the vendor's references had been vetted, and the contract stipulated  
payment only upon staff approval of the plants which also carried a 90-day warranty.  
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:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0733  
8.P.  
Award of Bid 2021046 for South Oslo Road WTP SCADA System Improvements  
Recommended Action:  
Staff recommends the Board award Bid 2021046 to TLC Diversified, Inc., approve  
the sample agreement and authorize the Chairman to execute the agreement after  
receipt and approval of the required public construction bond and insurance, and after  
approval of the agreement by the County Attorney as to form and legal sufficiency.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
21-0738  
8.Q.  
Award of RFP 2021052 for ATM Services  
Recommended Action:  
Staff recommends the Board award the RFP to iTHINK Financial Credit Union and  
authorize the Chairman to execute the Sample Agreement after review and approval  
by the County Attorney as to form and legal sufficiency.  
Attachments: Staff report  
Sample Agreement  
Approved staff's recommendation  
21-0740  
8.R.  
Miscellaneous Budget Amendment 009  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2020-2021 budget  
Attachments: Staff Report  
2020 2021 Resolution  
Exhibit "A"  
Approved Resolution 2021-048, amending the Fiscal Year 2020-2021 Budget.  
21-0747  
8.S.  
Second Renewal of RFP 2019060 FEMA Public Assistance Consulting Services  
Recommended Action:  
Staff recommends the Board approve the renewal of the agreement through August  
29, 2022, for the second and final term of the available one-year renewal terms, and  
authorize the Chairman to execute the renewal after approval by the County Attorney  
as to form and legal sufficiency  
Attachments: Staff Report  
Second Renewal  
Approved staff's recommendation  
21-0748  
8.T.  
Award of Bid 2021049 - Egret Marsh Algal Turf Scrubber Influent Feed System  
Replacement  
Recommended Action:  
Staff recommends the Board award bid 2021049 to Costello Brothers Marine  
Construction, Inc. and authorize the Chairman to execute the sample agreement upon  
review and approval by the County Attorney as to form and legal sufficiency, and the  
receipt and approval of required insurance by the Risk Manager.  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
21-0761  
8.U.  
Change Order 1 to the Agreement with All Webbs, Enterprises Inc. for Well Field  
Feasibility Expansion Study  
Recommended Action:  
Staff recommends the Board approve Change Order 1 to the agreement and  
authorize the Chairman to sign it.  
Attachments: Staff Report  
Change Order 1  
Commissioner Moss stated that she would deny approval of Change Order 1 with All  
Webbs Enterprises, Inc., noting that she had voted against the original item on June 8,  
2021, because the bid requirement had been waived for the Well Field Feasibility  
Expansion Study.  
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:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and  
Commissioner Earman  
1 - Commissioner Moss  
21-0734  
8.V.  
Work Order No. 7 with Kimley-Horn and Associates - South County Reverse  
Osmosis Water Treatment Plant 2022 Permit Renewal  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve Work Order  
No. 7 with Kimley-Horn and Associates, for $32,200.00, with $15,000.00 coming  
from Fiscal Year 2020-2021 and $17,200.00 coming from Fiscal Year 2021-2022,  
and authorize the Chairman to execute the same, as presented  
Attachments: Staff Report  
Work Order No 7 - Scope of Services  
Approved staff's recommendation  
21-0735  
8.W.  
Request for Purchase of Sodium Hypochlorite Tanks for South County Reverse  
Osmosis Water Treatment Plant  
Recommended Action:  
The staff of the Department of Utility Services recommends that the Board of County  
Commissioners (BCC) waive the requirement for bids given that three quotes were  
obtained, and authorize the Purchasing Department to issue a purchase order to  
Odyssey Manufacturing Co., for $65,500.00, for the purchase of the two tanks. Staff  
also recommends the BCC declare the two existing tanks, assets 27765 and 27766,  
as surplus and authorize their sale or disposal, as appropriate  
Attachments: Staff Report  
Odyssey Manufacturing Quote  
CEJCO Carl Eric Johnson Inc Quote  
Blue Plant Environmental Systems Quote  
Interim Director of Utility Services Matt Jordan provided clarification in response to a  
query from Commissioner Moss regarding his department's request to waive the bid  
requirement for the purchase of new sodium hypochlorite tanks. Mr. Jordan  
explained that there was an urgent need to replace the tanks earlier than planned, and  
that staff had received three (3) bids for the new equipment.  
A motion was made by Commissioner Moss, seconded by Vice Chairman  
O'Bryan, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0736  
8.X.  
Consideration of the Indian River County SHIP Program 2021 Annual Report  
Recommended Action:  
Staff recommends that the Board of County Commissioners: 1. Approve the  
attached SHIP 2021 annual report and authorize its submission to the Florida Housing  
Finance Corporation; and 2. Authorize the Chairman to sign the attached  
Certification form; and 3. Authorize staff to make any minor reporting changes to the  
annual report and Certification form that may be requested by the Florida Housing  
Finance Corporation.  
Attachments: Staff Report  
SHIP Summary Report  
Annual Report 2018-19  
Annual Report Certification  
Approved staff's recommendation  
21-0746  
8.Y.  
Work Order with MBV Engineering, Inc. for Design of the Next Phase of the  
Trans-Florida Central Railroad Trail  
Recommended Action:  
Staff recommends the Board approve the work order with MBV Engineering, Inc. for  
design of the next phase of Trans-Florida Central Railroad Trail and authorize the  
Chairman to execute it after the County Attorney has approved it as to form and legal  
sufficiency.  
Attachments: Staff Report  
Work Order  
Approved staff's recommendation  
21-0741  
8.Z.  
Sector 3 Beach and Dune Nourishment Project - Phase 1 (IRC-1925) APTIM,  
Work Order No. 2018006-10, Pre-Construction Services  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018006-10 in the total lump  
sum amount of $10,589.30. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018006-10.  
Attachments: Staff Report  
APTIM Work Order 2018006-10  
Work Order No 2018006-10 execution agreement  
Approved staff's recommendation  
21-0743  
8.AA.  
Sector 3 Beach and Dune Nourishment Project - Phase 2 (IRC2109) APTIM, Work  
Order No. 2018006-11, Pre-Construction Services  
Recommended Action:  
Staff recommends the BCC authorize Work Order No. 2018006-11 in the total lump  
sum amount of $30,606.55. Additionally, staff recommends the BCC authorize the  
Chairman to execute Work Order No. 2018006-11.  
Attachments: Staff Report  
APTIM Work Order No. 2018006-11  
Work Order No 2018006-11 execution agreement  
Approved staff's recommendation  
21-0730  
8.AB.  
Amendment Number 3 to the Agreement for Professional Services 45th Street  
Improvements (IRC-1722) - RFQ 2018012  
Recommended Action:  
Staff recommends approval of Amendment Number 3 to the Agreement for  
Professional Services with Masteller & Moler, Inc. authorizing the professional  
services as outlined in Exhibit A and authorize the Chairman to execute Amendment  
Number 2 on their behalf for a lump sum amount of $47,400.  
Attachments: Staff Report  
Amendment 3 to Agreement  
Approved staff's recommendation  
21-0749  
8.AC.  
Final Payment, Release of Retainage and Change Order No. 1 Indian River  
Boulevard and 8th Street Signalization IRC-1909  
Recommended Action:  
Staff recommends approval of Change Order No. 1 and payment of Contractor’s  
Application for Payment No. 8 in the amount of $41,856.91 for final payment and  
release of retainage.  
Attachments: Staff Report  
Change Order No. 1  
Approved staff's recommendation  
21-0753  
8.AD.  
Amendment No. 19 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. 19  
with Arcadis US, Inc. for an amount not-to-exceed $55,000.00 and authorize the  
Chairman to execute the amendment.  
Attachments: Staff Report  
Amendment No. 19 from Arcadis US, Inc.  
Approved staff's recommendation  
21-0762  
8.AE.  
FEMA Mandated Code Updates Related to National Floodplain Insurance Program  
(NFIP) and technical stormwater design engineering standards  
Recommended Action:  
County staff recommends that the Board authorize staff to set a public hearing to  
consider an ordinance amending the County Code incorporating the attached updated  
sections.  
Attachments: Staff Report  
Attachment A Title IV Building  
Attachment B Chapter 901 Sec 901.03. Definitions  
Attachment C Chapter 910.10  
Attachment D Chapter 912.08  
Attachment E Chapter 930 SWM-Flood  
Indian River Adopting Shell  
Tables 930.1A-930.1B-930.1C  
Approved staff's recommendation  
21-0750  
8.AF.  
Resolution Cancelling Taxes on a Property Purchased by the City of Fellsmere for  
Public Purpose  
Recommended Action:  
Authorize the Chairman of the Board of County Commissioners to execute the  
Resolution to cancel current and future ad valorem taxes upon the publicly owned  
land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and  
Property Appraiser so that the current ad valorem taxes and future ad valorem taxes  
may be cancelled.  
Attachments: Staff Report  
Resolution Cancelling Taxes  
Letter from Fellsmere  
Approved Resolution 2021-049, cancelling certain taxes upon publicly owned  
lands, pursuant to Section 196.28, Florida Statutes. (O’Haire)  
21-0756  
8.AG.  
First Amendment to License with Vertical Bridge  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the First Amendment to License and authorize the  
chair to execute same, and any other documents necessary to effectuate the  
transaction, after review and approval by the County Attorney.  
Attachments: Staff Report  
First Amendment to License  
Approved staff's recommendation  
21-0770  
8.AH.  
Approval of Temporary Policy Supplement for Emergency Housing Vouchers and  
Supporting Resolution  
Recommended Action:  
Staff recommends the Board approve the Resolution adopting the Temporary Policy  
Supplement for Emergency Housing Vouchers and authorize the Chairman to execute  
the Resolution on behalf of the Board.  
Attachments: Staff Report  
Resolution  
Temporary Policy Supplement Emergency Housing Voucher  
Approved Resolution 2021-050, approving a Temporary Policy Supplement for the  
Emergency Housing Voucher Program.  
21-0771  
8.AI.  
Ahtna Marine Bid Bond Settlement  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the settlement and authorize the chair any documents  
necessary to effectuate the settlement, after review and approval by the County  
Attorney.  
Attachments: Staff Report  
Ltr to Holden Moore Dylan Reingold dtd 4.29.21  
Approved staff's recommendation  
21-0782  
8.AJ.  
Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice  
Voucher Program for Fiscal Year 2022  
Recommended Action:  
Staff recommends the Board approve the resolution setting the Fair Market Rental  
Rates for Fiscal Year 2022 and authorize the Chairman to execute the resolution on  
behalf of the Board.  
Attachments: Staff Report  
Resolution  
Approved Resolution 2021-051, approving payment standards for beginning Fiscal  
Year 2022 for the Housing Choice Voucher Program.  
21-0776  
8.AK.  
Approval of Resolution Establishing Utility Rates for Housing Choice Voucher  
Program for Federal Fiscal Year 2022  
Recommended Action:  
Staff recommends the Board approve the utility rate resolution for Fiscal Year 2022  
and authorize the Chairman to execute the resolution on behalf of the Board.  
Attachments: Staff Report  
Resolution  
Approved Resolution 2021-052, approving revisions to the Housing Choice  
Voucher Program Utility Allowance Schedule for Fiscal Year 2022.  
21-0788  
8.AL.  
Ocean Concrete and George Maib v. Indian River County  
Recommended Action:  
The County Attorney’s Office recommends that the Indian River County Board of  
County Commissioners approve the proposed settlement of attorneys’ fees and costs  
and authorize the County Attorney to execute any documents necessary to effectuate  
such settlement.  
Attachments: Staff Report  
Approved staff's recommendation  
21-0778  
8.AM.  
Approval of Change Order # 3 for Radio System P25 Migration Project  
Recommended Action:  
Staff recommends the Board approve Change Order # 3 with Communications  
International Inc.  
Attachments: Staff Report  
Change Order #3  
Approved staff's recommendation  
21-0780  
8.AN.  
Go Life Holding LLC’s Request to Amend the Declarations of Restrictive Covenants  
on Certain Properties Previously Owned by SK Vero, LLC and Petrus Veros, LLC  
[AA-20-08-87 / 2004110281-87093]  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve the requested  
amendment to the Restrictive Covenants, and hold the amended documents in escrow  
until the associated plat over site plan project (SP-MA-20-07-30 /  
2004110281-87025) is approved by the Planning and Zoning Commission.  
Attachments: Staff Report  
Location Map  
Draft Venetian Grove 160 Acre Property  
Draft Venetian Grove 81 Acre Property  
Approved staff's recommendation  
21-0766  
8.AO.  
Approval of the Special Olympics Florida Aquatic Championships Agreement for the  
Swimming Event to be held at the North County Aquatic Center and for the Opening  
Ceremony to be held at the iG Center  
Recommended Action:  
Staff respectfully recommends the Indian River County Board of County  
Commissioners accept the agreement with Special Olympics Florida Inc. and Indian  
River County and authorize the chair to execute the same.  
Attachments: Staff Report  
2021 Special Olympics Five Year Agreement  
Approved staff's recommendation  
21-0797  
8.AP.  
Approval of Blue Medicare Advantage Renewal  
Recommended Action:  
Staff recommends and respectfully requests that the Board approve the renewal of the  
Blue Medicare Advanced Platinum PPO plan effective October 1, 2021 through  
September 30, 2022 and authorize the Chairman to execute the renewal agreement  
Attachments: Staff Report - Medicare  
Summary of Benefits Advanced Health Platinum  
Benefit Comparison Current vs. Platinum  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
21-0744  
10.A.1.  
Home Occupation Preemption - Legislative  
Recommended Action:  
The County Attorney recommends that the Chairman open the public hearing,  
take input from the public, and then close the public hearing, and that the Board  
then approve the proposed ordinance as presented or as amended.  
Attachments: Staff Report  
Proposed Ordinance  
County Attorney Dylan Reingold relayed that Governor DeSantis had approved  
House Bill 403 (HB 403) which preempts local governments from regulating  
certain types of homebased businesses, effective July 1, 2021. Attorney Reingold  
noted that the proposed ordinance before the Board removed language which  
regulated businesses that were now preempted, and left regulations for  
non-preempted businesses untouched.  
Under discussion, the Commissioners received confirmation from Attorney  
Reingold and Community Development Director Phil Matson that the County  
would retain the ability to enforce nuisance regulations such as noise, parking, and  
traffic. It was also noted that signage must conform to Homeowner's Association  
rules or to the County's existing regulations, depending on the neighborhood.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to adopt Ordinance 2021-010, amending Section 911.13 (Special  
Districts) of Chapter 911 (Zoning) and Section 912.05 (Allowable uses:  
locations for single-family development and uses allowed in single-family  
areas) and Section 912.10 (Construction; building permit review, approval,  
inspection) of Chapter 912 (Single-Family Development) and Section 956.16  
(Regulations for permanent identification signs requiring permits) of Chapter  
956 (Sign Regulations) of the Code of Indian River County in order to exempt  
those home occupations exempt per State Statute; providing for conflict and  
severability; providing for codification; and providing for an effective date.  
The motion carried by the following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
21-0754  
10.A.2.  
Request from National Health Transport, Inc. for a Class "B" Certificate of Public  
Convenience and Necessity to Provide Non-Emergency Ambulance Inter-Facility  
Transports Originating from Indian River County -- Administrative  
Recommended Action:  
Staff recommends that the Board approve and grant a Class "B" COPCN to  
National Health Transport, Inc. for a period of two (2) years.  
Attachments: Staff Report  
COPCN Application National Health Transport, Inc.  
County Attorney Dylan Reingold referred to staff's memo dated August 6, 2021,  
as he apprised the Board of the relevant County code and procedure related to  
National Health Transport's (NHT) request for Class "B" certification. He stated  
that an investigation had been completed by staff, and the County's EMS director  
recommended approval of NHT's request.  
The Chairman opened the public hearing.  
The following spoke against approval:  
Charles Maymon, Vice President, All County Ambulance  
The following spoke in favor of approval::  
Raul Rodriguez, President, National Health Transport  
Michael DeSouza, Operations Manager, National Health Transport  
There being no further comments, the Chairman closed the public hearing.  
Under discussion, the Commissioners expressed appreciation for the comments  
made. There was agreement that it was not the Board's place to interfere with  
market conditions, and to accept staff's investigation and recommendation.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, approved staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
21-0760  
10.A.3.  
County Commissioner Districts - Proposed 2021 Redistricting Plan  
Recommended Action:  
The County Attorney recommends that the Chairman open the public hearing,  
take input from the public, and then close the public hearing, and that the Board  
then consider adoption of the proposed redistricting plan.  
Attachments: Staff Report  
Plan 2021  
County Attorney Dylan Reingold sought the Board's approval of the proposed  
2021 Redistricting Plan which included objectives, criteria, and a timeline. He  
noted that the purpose of this hearing was only to set forth a plan, and would not  
include discussion or maps of proposed districts.  
The Commissioners expressed support for the 2021 Plan, noting that the Board  
was elected by and served residents countywide, regardless of District. Chairman  
Flescher and Vice Chairman O'Bryan shared their experience from the last  
redistricting effort in 2011.  
The Chairman opened the public hearing.  
Elizabeth Siebert, candidate for County Commissioner, spoke on the needs of the  
Gifford neighborhood.  
Leslie R. Swan, Supervisor of Elections, provided clarification regarding  
campaign materials used during a redistricting year.  
Valerie Brant-Wilson, County resident, was advised that the data from the full  
census report would be used in conjunction with the criteria approved. She later  
received input from Attorney Reingold regarding the latest version of the 2021  
Plan.  
Paul E. Carlisle, Sebastian City Manager, expressed support for the proposed  
criteria, and requested a copy of the detailed census report when available.  
Manny Anon, Sebastian City Attorney, thanked Attorney Reingold for sharing the  
criteria with the municipalities, and expressed his support.  
Mario Wilcox, County resident, discussed the issue of representation for jailed  
citizens and suggested that Attorney Reingold add the issue of the jailhouse  
population to the redistricting criteria.  
There being no further comments, the Chairman closed the public hearing.  
Commissioner Adams reviewed the timeline with Attorney Reingold, and  
encouraged community participation.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, to approve the proposed 2021 Redistricting Plan. The motion  
carried by the following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
B. PUBLIC DISCUSSION ITEMS  
21-0757  
10.B.1.  
Request to Speak from JohnDre Jennings re: Single Member Voting Districts  
No action required  
Recommended Action:  
Attachments: Public Discussion Request Jennings  
Ms. JohnDre Jennings, on behalf of the Southern Christian Leadership  
Conference, had her colleagues distribute packets to the Board with information  
related to the PowerPoint presentation she gave via Zoom. Ms. Jennings  
discussed gentrification's effect on the history and culture of neighborhoods, and  
urged inclusive representation for the County's future generations.  
No Action Taken or Required  
21-0706  
10.B.2.  
Request to Speak from Anthony Stewart, President of SCLC, IRC Chapter re:  
Single Member Voting Districts  
Recommended Action:  
No Action Required  
Attachments: Public Discussion Request Stewart  
Mr. Anthony Stewart, President, Southern Christian Leadership Conference,  
advocated for a single member voting district to redress the lack of representation  
of black residents in County government. He noted the disparity of infrastructure  
and lack of commonality among the neighborhoods encompassed by District 2.  
No Action Taken or Required  
21-0755  
10.B.3.  
Request to Speak from Johnny Blayne Jennings re: Single Member Voting  
Districts  
Recommended Action:  
No action required  
Attachments: Public Discussion Request JB Jennings  
Mr. Johnny Blayne Jennings discussed the lack of representation for Gifford, and  
increasing gentrification of the neighborhood. He advocated for a single member  
voting district which encompassed all the County's black communities from Oslo  
through Gifford to Wabasso.  
No Action Taken or Required  
21-0758  
10.B.4.  
Request to Speak from Brother Gary Johnson re: Single Member Voting Districts  
No action required  
Recommended Action:  
Attachments: Public Discussion Request Johnson  
Brother Gary Johnson, president, King Clergy, supported granting the residents of  
Gifford an equal voice in the County's government to foster growth and  
opportunity. He urged action for tangible results to support the African American  
community.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
21-0737  
10.C.1.  
Public Notice of Public Hearing Scheduled for September 14, 2021 to Consider  
Hanlex Development, LLC’s Request to Rezone Approximately ±2.34 Acres  
from CH, Heavy Commercial District, to CG, General Commercial District,  
located west of and adjacent to South US Highway 1, approximately 250 feet  
south of Highland Drive SE and approximately 700 feet north of 23rd Street SE  
and east of the FEC Railroad [RZON-2003090259-89653] (Quasi-Judicial)  
Recommended Action:  
The referenced public hearing item is provided for the Board’s information. No  
action is needed at this time.  
Attachments: Staff Report  
County Attorney Dylan Reingold read the Notice into the record.  
No Action Taken or Required  
The Chairman called a recess at 10:47 a.m., and reconvened the meeting at 11:14  
a.m. with all members present.  
11. COUNTY ADMINISTRATOR MATTERS  
21-0765  
11.A.  
St. Lucie County Letter of Support  
Recommended Action:  
Staff recommends that the BCC review and approve, or approve with modifications,  
the draft letter to be signed by the BCC Chair and sent to St. Lucie County  
Attachments: Staff Report - Proposed Letter  
St. Lucie Letter  
IRC Proposed Letter of Support  
Kathleen Keenan, Legislative Affairs and Communications Manager, requested  
approval of a letter of support for St. Lucie County's efforts to identify and control  
sources of pollution from Class AA biosolids.  
Vice Chairman O'Bryan supported the letter, and also advocated for legislative  
support for education on responsible methods to safely treat and dispose of Class AA  
biosolids.  
Commissioner Moss suggested an alteration to the letter's greeting.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve and send the draft letter to St. Lucie County with the modification to  
change the greeting to "Dear Chairman." The motion carried by the following  
vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0787  
11.B.  
American Rescue Plan Act of 2021 - Spending Plan Revisions  
Recommended Action:  
Staff recommends that the Board consider the proposed spending plan revisions as  
further detailed in the staff report totaling ($229,588), consider any changes, and  
approve the plan (with any amendments as needed)  
Attachments: Staff Report - ARP Revisions  
ARP Act Spending Plan  
Kristin Daniels, Director, Office of Budget and Management, reported a decrease in  
the amount of money the County would receive from the American Rescue Plan  
(ARP), as well as revised spending parameters from the Treasury Department which  
necessitated changes to the spending plan.  
Director Daniels continued on to provide details of the needed changes which  
included reallocating funds from reducing revenue-loss into roadway maintenance,  
more funding for responding to the public health emergency and workers performing  
essential work, as well as additional funds for the Supervisor of Elections Office. She  
noted that the biggest change in the plan involved the proposed purchase of the  
Fellsmere Inn for use by Indian River State College (IRSC) as a satellite campus  
focused on hospitality industry training. More information was given regarding how  
this purchase fit into the Treasury's parameters for ARP fund spending and IRSC's  
plan for its use.  
Commissioner Adams received additional information from Director Daniels regarding  
the reasons that paving unpaved roads was not permissible with ARP funds. The  
Commissioner then expanded on the benefits the Fellsmere Inn project would provide  
to the community, and requested to be included in future discussions.  
Assistant County Administrator Mike Zito provided clarification regarding the plan for  
the Inn, noting that a formal presentation would be made before the Board, and that  
the purchase was planned to be in the form of a grant. Chairman Flescher expressed  
support for the collaboration between the County and IRSC.  
Commissioner Moss received clarification from Director Daniels regarding the  
reduction in ARP funds, the increased allocation for EMT staff who had contracted  
Covid, and alternative projects to the Fellsmere Inn partnership.  
Casey Lunceford, IRSC Mueller Campus President, appeared before the Board to  
explain the due diligence process for the Fellsmere Inn project, training opportunities  
to serve the local hospitality industry, and the commitment to honor the historic  
location. He estimated that there would be more information regarding the path  
forward by the end of the year.  
Vice Chairman O'Bryan and Commissioner Earman expressed the reasons they  
thought the Fellsmere Inn partnership was a good investment in the County's future.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Earman, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
21-0789  
12.E.1.  
TIGR Acquisitions III, LLC Purchase and Sale Agreement for 810 Bailey Road  
Tower  
Recommended Action:  
Staff recommends that the Board of County Commissioners approve and execute  
the Purchase and Sale Agreement with TIGR Acquisitions II, LLC and authorize  
the County Administrator to execute the site license and easement agreements  
after the County Attorney has approved them as to form and legal sufficiency  
Attachments: Staff Report - IT  
Purchase and Sale Agreement  
County Attorney Dylan Reingold recounted the past usage of the County-owned  
Bailey Road Tower. He went on to inform that at the March 16, 2021  
Commission meeting, the Board had approved entering into a Letter of Intent  
Agreement with TIGR Acquisitions III, and staff proceeded to negotiate a price  
of $4.1 million. He sought the Board's approval of the sales and purchase  
agreement, noting that details regarding easement and licensing provisions were  
still being worked out.  
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:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
21-0767  
12.H.1.  
Request to Publish Notice of Public Hearing to Consider Modifications to County  
Code Sections 201.64 and 201.65, Prohibited Discharge Standards  
Recommended Action:  
Staff recommends the Board of County Commissioners (BCC) direct staff to  
work with the County Attorney’s Office to draft a revision to the Code to  
incorporate the dental amalgam and hazardous waste pharmaceuticals model  
language, as necessary. Staff further recommends that the BCC permit staff to  
schedule a public hearing on the matter for the September 21st BCC meeting  
Attachments: Staff Report  
Draft Pharmaceutical Waste Ordinance  
Draft Dentist Amalgam Ordinance  
Matt Jordan, Interim Director of Utility Services, presented his department's  
request to schedule a public hearing to modify the County's code regarding  
proper discharge of dental amalgam from dental facilities. The Florida  
Department of Environmental Protection (FDEP) provided language to  
incorporate into the revised code which would establish legal authority to enforce  
the rules regarding amalgam disposal.  
Chairman Flescher received confirmation from County Attorney Dylan Reingold  
that public hearings were advertised in the newspaper as well as on the County's  
website.  
A motion was made by Commissioner Adams, seconded by Commissioner  
Moss, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
13. COUNTY ATTORNEY MATTERS  
21-0751  
13.A.  
Planning and Zoning Commission Alternate  
Recommended Action:  
County staff recommends that the Board authorize staff to set a public hearing to  
consider an ordinance amending the County Code to permit alternates for the  
Planning and Zoning Commission.  
Attachments: Staff Report  
County Attorney Dylan Reingold informed that the Planning and Zoning Commission  
(P&Z) often struggled to reach a quorum, and requested the Board's consideration  
and input regarding adding an alternate position.  
Commissioner Adams suggested adding an at-large alternate who would attend each  
meeting so they were up to speed, and that position would only vote in the absence of  
a quorum. She also suggested combining meetings with sparse agendas so that each  
meeting was more robust.  
Under discussion, the Board agreed on the need for an alternate member, and voiced  
support for having the at-large member vote only in the event of a regular member's  
absence. Attorney Reingold provided confirmation that there were rules regarding  
excessive P&Z Board member absences.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, authorizing staff to set a public hearing to consider an ordinance  
amending the County Code to permit alternates for the Planning and Zoning  
Commission, with additional direction to add one (1) member from the  
public-at-large who would have voting rights and would be permitted to vote in  
the place of any absent member. The motion carried by the following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0759  
13.B.  
Local Provider Participation Fund (LPPF) Ordinance  
Recommended Action:  
County staff recommends that the Board give direction to County staff as to whether  
to set a public hearing to consider a Local Provider Participation Fund ordinance on  
September 14th and draft a corresponding resolution for consideration on September  
21st.  
Attachments: Staff Report  
6.17.21-Indian River County Support Letter - SRMC  
County Commissioners J Flescher Ltr GR 6.01.21  
Indian River County LPPF - Encompass Health  
Special Assessment Memo_Indian River  
6.1 Indian River Ordinance  
County Attorney Dylan Reingold informed the Board that staff had been approached  
about enacting a Local Provider Participation Fund (LPPF) to assist county hospitals  
in recouping unreimbursed Medicaid costs. He gave an overview of the program and  
outlined the next steps which included scheduling public hearings for Ordinance  
adoption on September 14, 2021, an assessment Resolution on September 21, and  
drafting a Letter of Agreement by October 1, 2021. Attorney Reingold outlined  
some of staff's concerns regarding the impact to the County, and exposure to legal  
issues.  
The following speakers addressed the Board in favor of the program, and provided  
additional information:  
Daniel Knell, Florida Market President, Steward Health  
Warren Fuller, Chief Financial Officer, Cleveland Clinic Indian River Hospital  
Colleen Ernst, Adelanto Healthcare Ventures  
Under discussion, the Commissioners asked and received answers from the speakers  
regarding Medicaid reimbursement rates from the State and Federal governments, the  
role of the Florida Agency for Health Care Administration (AHCA), regional  
partnerships, estimated reimbursement amounts, and oversight for the redistribution of  
collected funds. The Commissioners received confirmation that the program would  
not be funded by taxpayers, and expressed their concerns regarding the complicated  
nature of the program.  
Attorney Reingold advised that the County was awaiting information from AHCA  
regarding whether this program would affect the amount of money the County  
contributed to the State for Medicaid.  
Vice Chairman O'Bryan noted during his motion that he was interested in more  
information but could not guarantee his final approval. Attorney Reingold added that  
entities would be notified that proceeding to the next step was not a guarantee of  
County participation in the program.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to direct staff to set a public hearing to consider a Local Provider  
Participation Fund Ordinance on September 14, 2021, and draft a corresponding  
Resolution for consideration on September 21, 2021. The motion carried by the  
following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
The Chairman called a recess at 12:35 p.m., and reconvened the meeting at 1:05 p.m.  
with all members present.  
21-0764  
13.C.  
Permission to File an Injunction Against Angela Piscitelli  
Recommended Action:  
The County Attorney’s Office recommends that the Board of County Commissioners  
authorize County Attorney’s Office to file suit in circuit court for injunctive relief  
asking the court to (1) direct Angela Piscitelli to repair the existing septic tank on the  
Subject Property; (2) direct Angela Piscitelli to perform pump outs as often as is  
needed until the septic system is repaired should the residence remain occupied or;  
(3) enjoin the Subject Property from being occupied while there are exposed sanitary  
and safety nuisances related to septic system; (3) enjoin the Subject Property from  
being occupied until septic system is repaired by a certified septic contractor to  
service the existing structures; and (4) direct the county to abate the sanitary nuisance  
and lien the Subject Property for the abatement of said sanitary nuisance.  
Attachments: Staff Report  
Complaint for Injunctive Relief  
Assistant County Attorney Susan Prado presented background information on the  
sanitary nuisance caused by a malfunctioning septic system at the Piscitelli's residence  
located at 1916 79th Avenue. She recounted that after the Piscitellis failed to apply  
for financial assistance or take action to repair the septic system, the Department of  
Health (DOH) brought the case before the Environmental Control Hearing Board  
which directed the DOH to file an injunction. As the sanitary nuisance still had not  
been corrected, the County Attorney's Office was seeking the Board's approval to file  
suit in circuit court for injunctive relief.  
Under discussion, Vice Chairman O'Bryan questioned whether there was an alternate  
solution to achieve results since the property owners stated they could not afford the  
repairs. Attorney Prado advised of the efforts taken to assist the Piscitellis with  
obtaining grants and finding a septic repair company who would finance the work.  
Cheryl Dunn, Indian River County Health Department, noted that the family took  
temporary measures only after being forced to by subpoena. After further attempts to  
provide assistance to the family failed to result in action, the DOH sought relief  
through additional legal measures.  
County Attorney Dylan Reingold received confirmation from the Board that the  
County should not take action to fix the septic nuisance themselves.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
O'Bryan, to approve staff's recommendation. The motion carried by the following  
vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
21-0798  
13.D.  
Acquisition of Right-Of-Way from Pamela Ryall Morris for Phase I of 66th Avenue  
Improvements - 6760 57th Avenue, Parcel 320  
Recommended Action:  
Staff recommends the Board approve the above stated terms of the Purchase and  
Sale for the Morris property and authorize the County Administrator execute the  
completed Agreement for Purchase and Sale on behalf of the Board.  
Attachments: Staff Report  
Aerial Photo  
Sketch and Legal  
County Attorney Dylan Reingold presented the details of the purchase and sale  
agreement for right-of-way acquisition at 6760 57th Avenue for Phase I of 66th  
Avenue improvements. He noted that the negotiated price did not involve any fees or  
costs, per the Board's previous direction to maximize the return to the landowner.  
Vice Chairman O'Bryan expressed approval of the settlement terms.  
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:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner  
Adams, and Commissioner Earman  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph E. Flescher, Chairman  
21-0729  
14.A.1.  
BCC Presentation of St. John’s River Water Management District Central  
Springs/East Coast Regional Water Supply Plan  
Recommended Action:  
Discuss  
Attachments: Commissioner's Memo  
Chairman Joseph Flescher offered comments following the July 28, 2021 St.  
John's River Water Management District's (SJRWMD) public workshop  
regarding the region's water supply plan. He requested the Board's support to  
invite the SJRWMD to appear for a formal presentation when the water supply  
plan had been finalized.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to request that the St. John's River Water Management District  
appear before the Board to present the final version of their Central  
Springs/East Coast Regional Water Supply Plan. The motion carried by the  
following vote:  
5 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
B. Commissioner Peter D. O'Bryan, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph H. Earman  
21-0678  
14.D.1.  
A New Proposal for Landscaping Companies in Agricultural Zones  
Discuss  
Recommended Action:  
Attachments: Commissioner's Memo  
Attachment  
Commissioner Joe Earman initiated a discussion to reexamine whether to continue  
allowing off-site landscaping businesses to be permitted as an accessory use on  
agricultural-zoned land. Commissioner Earman referred to his memo dated  
August 9, 2021 for background, analysis and suggested recommendations. He  
noted that in light of increasing development, he was requesting consideration of  
whether to preserve the integrity of agricultural land or redefine the allowable  
usage in a concise and enforceable manner.  
The Commissioners each in turn expressed their thoughts and opinions on the  
matter. Chairman Flescher reiterated his opposition to changing the regulations,  
stating that this was a code enforcement issue. Vice Chairman O'Bryan stated his  
support for eliminating commercial lawn care businesses on agricultural land to  
prevent abuse of accessory business permits; existing businesses would be  
grandfathered-in. Commissioner Adams expressed frustration that this topic was  
being revisited after seemingly being settled at the October 6, 2020 meeting, and  
repeated her position that the suggested code changes had been too narrow in  
scope and would stymie agricultural businesses. Commissioner Moss stated her  
support for maintaining the integrity of agricultural land.  
In answer to Vice Chairman O'Bryan's query, Code Enforcement Chief Andy  
Sobczak advised that grandfathered businesses could be repaired but not  
expanded. Community Development Director Phil Matson added that in the  
event a grandfathered business was destroyed, it could not be rebuilt.  
Lengthy discussion ensued regarding the best way to plan the future of  
agricultural-zoned land and protect legitimate supporting uses, while also allowing  
prospective residents to anticipate the types of allowable businesses.  
Commissioner Earman suggested that just eliminating new lawn care businesses,  
while grandfathering existing ones, would address the original complaint brought  
before the Board. Director Matson provided information on the county's matrix  
of allowable agricultural accessory businesses, as well as clarifying the impact of  
grandfathering existing businesses.  
A motion was made by Commissioner Earman, seconded by Vice  
Chairman O'Bryan, to amend the county code to eliminate lawn  
mowing services from the allowable accessory uses on  
agricultural-zoned land.  
With a motion on the floor, Director Matson requested input from the Board  
regarding their preferred version of the several draft amendments to the code  
presented at the March 3, 2020 Board meeting. Commissioner Adams and Vice  
Chairman O'Bryan continued discussing the legacy of eliminating currently  
allowable businesses, and the limitations imposed on grandfathered businesses.  
The following people addressed the Board:  
Kelley Stolze - Caribbean Lawn and Landscaping  
Spencer Simmons, 7350 37th Street  
Ken Hendrix, 6220 1st Street SW  
Jodi Velde, 6300 1st Street SW  
Joseph Paladin, Black Swan Consulting  
Brett Hall - Creative Landscaping  
Brian Quant- 7020 37th Street  
Brian Stolze - Caribbean Lawn and Landscaping  
An agreement was reached to postpone a vote until Commissioners and staff had  
the opportunity to communicate clearly on specific details, as well as long-term  
objectives. Commissioner Earman withdrew his motion, stating he would like the  
chance to work with Director Matson and the residents who were in attendance  
to speak before the Board. He agreed that the visioning process may be a more  
appropriate time to discuss the future of agricultural-zoned land, and noted that  
the item would return if discussions proved it had merit.  
Tabled  
E. Commissioner Laura Moss  
The Chairman called a recess at 3:36 p.m., and reconvened the meeting at 3:46 p.m.  
with all members present.  
21-0791  
14.E.1.  
IRC Administration Complex - Native Plant Garden Project  
Discussion  
Recommended Action:  
Attachments: Commissioner's Memorandum  
Commissioner Laura Moss introduced the Native Plant Garden presentation, and  
thanked the additional non-profit organizations which added their support. Pelican  
Island Audubon Society president Dr. Richard Baker displayed slides to provide an  
overview of the project and the landscape designer's credentials.  
Stephanie Dunn, Landscape Architect, Cadence, appeared via Zoom to walk the  
Board through the rationale and details of her firm's plan for the garden installation on  
the east side of County Administration Building A.  
Under discussion, the Commissioners expressed displeasure that the project had  
increased in scope and size after the Board had provided specific parameters at the  
May 18, 2021 meeting. The Board also questioned why staff was not presenting the  
design, as agreement had been reached that Commissioners should refrain from being  
involved in the development process. The Board clarified with Dr. Baker their  
expectations regarding the scope, management, and maintenance of the project.  
Director of Public Works Rich Szpyrka confirmed receiving a request for irrigation  
plans, but denied having seen the expanded design that was presented.  
[Clerk's note: Commissioner Adams was excused from the meeting at 4:15  
p.m.]  
Under further discussion with Ms. Dunn, agreement was reached to scale back the  
size of the garden and to eliminate some features such as the seating area. Ms. Dunn  
also agreed to include a 5 foot area between the existing hedges and the new plantings  
for maintenance, as requested by Director Szpyrka. The Board then reiterated that  
Director Szpyrka should coordinate the plan's development going forward.  
Vice Chairman O'Bryan requested that Ms. Dunn consider including some lesser  
known native plants in the design for educational purposes. Chairman Flescher  
received confirmation that the garden would receive irrigation to get it established.  
County Attorney Dylan Reingold made mention that he would include the relevant  
legal documents including the 6-month plant warranty.  
The Board directed staff to implement their direction to: 1) reduce the garden's  
size; 2) include a 5 foot buffer between the garden and the existing hedges; 3)  
consider lesser-known native plants as appropriate; and 4) have Public Works  
staff coordinate the changes and present the revised design for Board approval.  
The County Attorney would also provide documents for the plant warranty and  
any necessary waivers.  
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 Chairman  
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of  
April 20, 2021, May 4, 2021, May 11, 2021, and May 18, 2021, as written. The  
motion carried by the following vote:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0722  
15.B.1.  
Approval of Minutes Meeting of April 20, 2021  
Approve  
Recommended Action:  
Attachments: 04202021SWDD_Draft  
Approved  
21-0726  
15.B.2.  
Approval of Minutes Meeting May 04, 2021  
Approve  
Recommended Action:  
Attachments: 05042021SWDD_Draft  
Approved  
21-0784  
15.B.3.  
Approval of Minutes Meeting of May 11, 2021  
Approve  
Recommended Action:  
Attachments: 05112021SWDD_Draft  
Approved  
21-0786  
15.B.4.  
Approval of Minutes Meeting May 18, 2021  
Approve  
Recommended Action:  
Attachments: 05182021SWDD_Draft  
Approved  
21-0781  
15.B.5.  
Amendment No. 1 to Work Order No. 8 to Geosyntec for Groundwater  
Technical Support Services  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
the following: a) Approve Amendment No. 1 to Work Order No. 8 with  
Geosyntec for $66,159.85 to provide engineering services related to  
Groundwater Technical Support Services; and, b) Authorize the Chairman to  
execute the same, as presented  
Attachments: Staff Report  
Amendment No 1 to Work Order No 8 - Geosyntec  
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:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0772  
15.B.6.  
Approval of CY 2022 CPI Adjustment Request by Republic Services  
Recommended Action:  
Solid Waste Disposal District staff recommends the following for Board review  
and approval: Approve the Calendar Year 2022 request for a 1.64% Consumer  
Price Index rate adjustment by Republic Services of Florida, LP, to be effective  
January 1, 2022, and authorize the County Administrator to take any necessary  
actions to effectuate the change  
Attachments: Staff Report  
Rate Adjustment Letter Request from Republic Services  
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:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0773  
15.B.7.  
Approval of FY 2022 CPI Adjustment Request by Atlas Organics  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
request for a 3.00% rate adjustment by Atlas Organics Indian River, LLC, and  
authorize the County Administrator to take any necessary action to effectuate the  
change  
Attachments: Staff Report  
Rate Adjustment Letter from Atlas Organics Indian River LLC  
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:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0774  
15.B.8.  
Approval of FY 2022 CPI Adjustment Request by Waste Management for  
Franchise Agreement  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
request for a 3.00% rate adjustment by Waste Management, Inc. of Florida, and  
authorize the County Administrator or his designee to send a letter of approval  
Attachments: Staff Report  
Rate Adjustment Letter from Waste Management  
Debbie Perez, Government Affairs Manager, Waste Management, appeared  
before the Board to address residents' complaints regarding delayed pick-ups.  
Ms. Perez described the staffing challenges the company has faced, and listed the  
incentives Waste Management implemented to attract additional drivers.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
O'Bryan, to approve staff's recommendation. The motion carried by the  
following vote:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0775  
15.B.9.  
Approval of FY 2022 CPI Adjustment Request by Waste Management for  
Government Buildings  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board approve the  
request for a 3.00% rate adjustment by Waste Management, Inc., of Florida, and  
authorize the County Administrator or his designee to send a letter of approval  
Attachments: Staff Report  
Rate Adjustment Letter from Waste Mgmt for Govt Bldgs  
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:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0769  
15.B.1  
0.  
Final Pay to Kimley-Horn Work Order No. 39 - Annual Financial Reports  
Recommended Action:  
Solid Waste Disposal District staff recommends that its Board approve the final  
invoice amount of $15,600.00 for Kimley-Horn and Associates, Inc.  
Attachments: Staff Report  
Kimley Horn Project Completion Report and 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:  
4 -  
Aye:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, and  
Commissioner Earman  
1 - Commissioner Adams  
Excused:  
21-0777  
15.B.1  
1.  
Update on Generation Study and Non-Ad Valorem Rate Analysis by Kessler  
Consulting, Inc.  
Recommended Action:  
Solid Waste Disposal District staff recommends that the Board waive the  
requirement for bids and authorize the Purchasing Manager to issue a purchase  
order to Kessler Consulting, Inc. for Phase 2 to not exceed a combined total of  
$166,300 to perform a solid waste rate study  
Attachments: Staff Report  
Proposal from Kessler Consulting, Inc.  
Himanshu Mehta, Solid Waste Disposal District Managing Director, described  
the study which planned to analyze waste generation patterns for commercial  
sectors. He noted that the study had been delayed due to the disruption in regular  
patterns caused by Covid, but was now set to resume by adding scales to the  
trucks to gather information regarding how much waste was being generated from  
different commercial sectors. He estimated returning before the Board in April of  
2022 with results of the study.  
Vice Chairman O'Bryan inquired whether it would be possible to spot-check the  
commercial garbage to analyze how much material was recyclable, and use that  
information to incentivize higher recycling rates. Director Mehta noted that such  
analysis was beyond the scope of the study. He suggested partnering with Waste  
Management to do a field audit of businesses to ensure they were maximizing the  
amount of materials that could be recycled.  
[Clerk's note: Commissioner Adams returned to the meeting at 4:36 p.m.]  
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:  
Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan,  
Commissioner Adams, and Commissioner Earman  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 4:37 p.m.