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, March 9, 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  
Sheriff Eric Flowers  
3. PLEDGE OF ALLEGIANCE  
Jason E. Brown, County Administrator  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Agenda as presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
21-0321  
5.A.  
Presentation of Proclamation designating the month of March, 2021 as March for  
Meals Month  
Attachments: Proclamation  
Vice Chairman O'Bryan read and presented the Proclamation to Karen Deigl, CEO,  
Senior Resource Association. Ms. Deigl showed a video, A Day in the Life of a  
Volunteer for Meals on Wheels, and provided statistics on the number of seniors  
served by the program. She then described her organization's efforts to assist seniors  
in receiving Covid vaccinations.  
Read and Presented  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
21-0298  
7.A.  
Foreign Trade Zone Letter  
Attachments: Staff Report  
Foreign Trade Zone letter  
No Action Taken or Required  
21-0312  
7.B.  
Clerk of Circuit Clerk and Comptroller Jeffrey R. Smith announces Operation Green  
Light to be held on Saturday, March 27, 2021 from 10:00 a.m. until 2:00 p.m. at the  
Courthouse  
Attachments: Flyer  
Clerk of the Circuit Court and Comptroller Jeff Smith presented details of Operation  
Green Light, which provided citizens the opportunity to pay their overdue court costs  
without the collection surcharge. He noted that payment plans were available, as was  
assistance to help drivers reinstate their suspended licenses.  
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  
21-0289  
8.A.  
Award of Bid 2021023 for South Oslo Road WTP Automatic Transfer Switch  
(ATS) Replacement  
Attachments: Staff Report  
Sample Agreement  
Approved staff's recommendation  
21-0303  
8.B.  
Change Order Number 1 to Agreement for Harmony Oaks Conservation Area  
Boardwalk Construction  
Attachments: Staff Report  
8.B.Change Order No 1  
Estimate Summerlins Marine Const  
Approved staff's recommendation  
21-0306  
8.C.  
South Wastewater Treatment Facility FDEP Permit Renewal  
Attachments: Staff Report  
MBV Proposal Work Order #20  
Approved staff's recommendation  
21-0316  
21-0311  
8.D.  
8.E.  
Settlement of ERU Account with Cookies & Crackers, Corp.  
Attachments: Staff Report  
Approved staff's recommendation  
Work Order No. 5 for Bowman Consulting Group, Ltd., 20-inch Sewer Force Main  
Relocation - Main Street  
Attachments: Staff Report  
Work Order No 5 Bowman Consulting  
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.  
21-0301  
10.A.1.  
Public Hearing: Modification to County Code Section 201.22 (Legislative)  
Attachments: Staff Report  
Staff Report February 16 2021  
Draft Ordinance Section 201.22  
Director of Utility Services Vincent Burke recapped the accounts receivable/bad  
debt presentation from the February 26, 2021 Board meeting, which contained  
the proposed code modifications to establish procedures for certain penalty  
waivers, settlement options, and foreclosure actions for overdue water and sewer  
accounts.  
The Chairman opened the public hearing. There being no comments, the  
Chairman closed the public hearing.  
The Commissioners, each in turn, expressed their support for the proposed  
ordinance.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to adopt Ordinance 2021-005, amending Section 201.22  
(Responsibility for payment of water/sewer fees; lien for unpaid bills) of Part 1  
(in General) of Chapter 201 (County Water and Sewer Services) of the Code of  
Indian River County, to establish procedures for waiver of penalties and  
interest under certain circumstances and authorize settlements and  
foreclosure actions; and providing for codification; severability; conflict of  
ordinances; and effective date of the ordinance. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
21-0307  
10.A.2.  
Proposed Water Main Assessment Project to Consider 51st Avenue and  
Portions of Winter Beach Highlands and Winter Beach Park Subdivisions  
Resolution III: Public Hearing (Legislative)  
Attachments: Staff Report  
Assessment Area Map Confirming  
Resolution III w Assessment Roll-Exhibit A  
Director of Utility Services Vincent Burke appeared before the Board with the  
final Resolution needed for a proposed water main assessment project in the  
Winter Beach Highlands and Winter Beach Park subdivisions. Details of the  
project and costs involved were contained in staff's memo dated February 24,  
2021.  
The Chairman opened the public hearing.  
The following residents spoke in support of the project:  
Cheyenne Carboy, Winter Beach Highlands  
Brenda Sistler, Winter Beach Highlands  
Mark Mears, Winter Beach Park, also expressed concern for the deteriorating  
condition of the 51st Avenue roadway.  
Art Martin, Winter Beach Park, spoke in opposition to the project.  
In response to speakers' comments, Director Burke clarified the payment plan  
options, assessment method, and consequences should the project be postponed.  
There being no further comments, the Chairman closed the public hearing.  
Vice Chairman O'Bryan noted the majority support from the affected residents,  
and pointed out the increased resale value that having County water would  
provide. Chairman Flescher concurred and commented on the savings that  
homeowners could realize.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve Resolution 2021-019, confirming the special assessments  
in connection with a water main extension from 65th Street to 69th Street,  
along 51st Avenue to include certain specially benefited properties abutting  
51st Avenue within a portion of Winter Beach Highlands and a portion of  
Winter Beach Park, located within unincorporated Indian River County,  
Florida; and providing for special assessment liens to be made of record.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
21-0274  
10.B.1.  
Public Discussion Request from Annette & Ralph Valentino re: Amend Code  
Regarding Placement of Campers, Boats, & Trailers  
Attachments: Public Discussion Request  
Annette and Ralph Valentino, 13 Sunset Drive, appeared before the Board to  
request a County code amendment which would limit storage of RVs, boats, and  
trailers to the sides of residences. Ms. Valentino displayed photographs showing  
RVs and boats parked in front of homes in her neighborhood, some of which  
were in violation of County code. The couple complained that the vehicles  
blocked their water view, and lowered property values; additionally, they  
contended that unpermitted driveways created drainage problems.  
Chief of Code Enforcement and Environmental Planning Andy Sobczak reported  
on the citations issued in the Valentino's neighborhood, including vehicles parked  
on the grass. He offered to provide the couple with documentation of actions  
taken by his department.  
Commissioner Adams supported allowing the violations to work through the code  
enforcement process, and disagreed with the request to change the County code.  
The Commissioners entered into a discussion with the Valentinos and Mr.  
Sobczak on the code enforcement process, comparison to the City of Sebastian's  
restrictions, and the diversity of lot sizes in the County.  
Phil Matson, Community Development Director, stated his department would  
step-up enforcement of code violations in the area. He advocated for utilizing  
code enforcement's process to resolve violations rather than changing the  
County's code, which could have wide-reaching and unintended consequences.  
No Action Taken or Required  
C. PUBLIC NOTICE ITEMS  
21-0302  
10.C.1.  
Notice of Scheduled Public Hearing for March 16, 2021 Board Meeting for a  
Multi-Family PD Rezoning (Quasi-judicial)  
Attachments: Staff Report  
County Attorney Dylan Reingold read the Public Notice into the record.  
No Action Taken or Required  
11. COUNTY ADMINISTRATOR MATTERS  
21-0315  
11.A.  
CARES Act Update  
Attachments: Staff Report  
CARES Act Spending Plan  
TCCH CARES Act Amendment 1  
TCCH CARES Act Time Extension  
SDIRC CARES Act Amendment 1  
City of Sebastian CARES Act Amendment 3  
County Administrator Jason Brown provided an update on the CARES Act spending.  
He discussed topics including the higher-than-expected cost to administer vaccines,  
additional funds needed for the small business grant program, Treasure Coast  
Community Health's administrative costs, expense reductions from the Health  
Department, and the City of Sebastian and the School Board's requests for approval  
of changes to their spending plans. He also expressed appreciation for staff members  
who pitched-in to administer the County's Rental and Mortgage Assistance Program.  
Director of Community Development Phil Matson commented on how fulfilling it was  
to work on the rental assistance program, and how appreciative the community was in  
return. He then presented the Commissioners with an oversized card decorated with  
excerpts from thank-you letters written by residents who received assistance.  
Chairman Flescher expressed appreciation for staff's diligence as they endeavored to  
distribute assistance to those in need.  
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:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
12. DEPARTMENTAL MATTERS  
A. Community Development  
B. Emergency Services  
C. General Services  
D. Human Resources  
E. Information Technology  
F. Office of Management and Budget  
G. Public Works  
21-0305  
12.G.1.  
Award of RFQ No. 2021015 (IRC-1505), CEI Services for 66th Ave from 49th  
Street to 69th Street Roadway Widening  
Attachments: Staff Report  
CEI Agreement  
Attachment "A"  
Attachment "B"  
Attachment "C"  
Director of Public Works Rich Szpyrka appeared before the Board to request  
approval of Consor Engineers agreement for Construction Engineering Inspection  
(CEI) Services related to the widening of 66th Avenue from 49th Street to 69th  
Roadway. He noted that the hiring of a CEI consultant was a requirement of the  
Florida Department of Transportation (FDOT) grant the County received for this  
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  
21-0317  
12.G.2.  
Florida Department of Environmental Protection’s Central Indian River Lagoon  
Basin Management Action Plan  
Attachments: Staff Report  
6.9.2020 Letter of Objection  
8.24.2020 Letter of Objection  
12.4.2020 Comments on Draft BMAP  
12.22.2020 Letter of Major Objections  
Public Works Director Richard Szpyrka presented the Florida Department of  
Environmental Protection's (FDEP) Basin Management Action Plan (BMAP)  
Final Order which set the revised requirements for nitrogen and phosphorus  
reduction in the Central Indian River Lagoon (CIRL) that the County must  
achieve. Director Szpyrka utilized a PowerPoint presentation, and referred to  
staff's report dated March 3, 2021, as he discussed the impact of the FDEP's  
Order, which was generated using the Brevard County-based SWIL (Spatial  
Watershed Iterative Loading) model. He noted that the SWIL model resulted in  
a doubling of the County's allocated nitrogen and phosphorus removal levels at an  
estimated additional cost of $73 million; the results were in comparison to the  
previously used PLSM (Pollution Load Screening Model).  
Director Szpyrka relayed staff's ongoing discussions with the FDEP, and their  
documented objections to both the BMAP draft process and the SWIL model.  
He reported that staff last met with the FDEP on March 5, 2021, to discuss filing  
a petition to challenge the Final Order in advance of the March 16, 2021  
deadline. In response, the FDEP generated a draft letter which outlined the  
County's ongoing concerns, and stated the Agency's commitment to revise and  
recalibrate the BMAP allocations. The letter was offered in lieu of the County  
filing a petition, however, a final letter had not been received as of March 8,  
2021.  
Vice Chairman O'Bryan received clarification of staff's recommendation from  
County Attorney Dylan Reingold who stated that staff first sought to obtain a  
letter from FDEP and to continue working cooperatively to recalibrate the SWIL  
model's numbers. He then requested authorization to pursue filing a petition if the  
desired letter was not received. County Administrator Jason Brown expanded  
staff's rationale to continue negotiation talks with the FDEP.  
Vice Chairman O'Bryan remained skeptical that the FDEP would honor their  
offer to revise the Final Order and was hesitant to give up the leverage that filing a  
petition would bring. Chairman Flescher and Commissioner Earman echoed the  
Vice Chairman's doubts that the FDEP would adjust their allocations without the  
motivation of legal action. Director Szpyrka confirmed that the FDEP initiated  
talks only after the County threatened to file a petition.  
Administrator Brown spoke in support of pursuing the FDEP letter as the best  
path to negotiate meaningful change to the SWIL model, and ultimately the  
County's allocations. He stated that staff would pursue an extension to the petition  
deadline if that was the Board's desire. Commissioner Adams admitted that  
affecting change could be a struggle, but that it was often best to work with a state  
agency rather than risk an adversarial relationship. The letter, she noted, would  
also put the County's concerns on record. Commissioner Moss agreed with  
pursuing the letter from the FDEP.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Adams, to support waiting for a letter from the Florida Department of  
Environmental Protection (FDEP) indicating the agency will continue  
conversations to resolve the County's concerns. In the event that a letter from  
the FDEP is received, there will be no further action. In the event that a letter  
from the FDEP is not received, the County Attorney is authorized to seek an  
extension and file a petition to challenge the Central Indian River Lagoon  
Basin Management Action Plan (BMAP) as a last resort in order to preserve  
the County's rights. The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Commissioner Adams, Commissioner Earman, and  
Commissioner Moss  
1 - Vice Chairman O'Bryan  
The Chairman called for a recess at 11:08 a.m., and reconvened the meeting at 11:16  
a.m., with all members present.  
H. Utilities Services  
21-0308  
12.H.1.  
FPL Heritage West 138kV Transmission Project  
Attachments: Staff Report  
Proposed Easement Exhibit  
FPL Offer for Easement on IRC Property  
Easement Agreement  
Easement Sketch and Legal  
3.5 Acre Easement Agreement  
3.5 Acre Sketch and Legal  
Director of Utility Services Vincent Burke referred to a PowerPoint presentation  
as he detailed Florida Power and Light's (FPL) new transmission line project and  
FPL's request to purchase easements on County-owned property. Director  
Burke displayed the path of the transmission line, and discussed considerations  
staff had taken to ensure that FPL's project did not conflict with existing  
development plans for the area.  
Public Works Director Rich Szpyrka joined Director Burke in confirming for the  
Board that the FPL project would not affect the planned improvements at the  
intersection of 58th Avenue and College Lane. Commissioner Moss received  
information regarding the demolition of vacant storage buildings on the  
County-owned property.  
A motion was made by Commissioner Moss, 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  
21-0313  
12.H.2.  
North Sebastian Water and Sewer Phase II, Resolutions I and II  
Attachments: Staff Report  
Assessment Area Map Water  
Assessment Area Map Sewer  
Providing Resolution (Resolution No I)  
Setting Resolution for Public Hearing (Resolution No II)  
Assessment Roll Water  
DRAFT Temporary Construction Easement  
Director of Utility Services Vincent Burke opened his presentation to the Board  
by thanking staff and partnering agencies for their assistance in bringing this  
project to fruition. He then referred to staff's memo dated February 16, 2021, as  
he described the scope of the water and sewer project, costs, funding, and the  
timeline.  
Director Burke clarified that all properties in the identified area would receive  
centralized sewer capability at no cost to the homeowners. The sewer  
assessment cost would be paid for with State and Federal grants, and the impact  
fee would be offset with revenue from the Optional Sales Tax fund.  
He noted that the properties which did not already have water service would be  
responsible for assessment and impact fees. Director Burke then discussed the  
financing options for the water fees, and advised that staff was researching the  
possibility of longer term financing through the tax collector and property  
appraiser's office.  
The final portion of his presentation involved the need to obtain temporary  
construction easements from property owners for the required clean-outs and  
installations. Director Burke stressed the importance of providing an educational  
campaign for homeowners to explain the benefits of connecting to sewer and  
water services at this time, rather than waiting until they were mandated by statute  
and incurring the full cost. He closed his presentation with staff recommendations  
and upcoming dates in April 2021 for an informational meeting and a public  
hearing to receive final Board approval.  
Commissioner Adams received additional information regarding the County's  
Comprehensive Plan, and long-term financing options. Vice Chairman O'Bryan  
requested moving the informational meeting to a location in Sebastian, in  
consideration of the affected residents; staff agreed to find a suitable location and  
to include online viewing. Chairman Flescher received confirmation that staff  
would return with additional information regarding a long-term debt service plan.  
Glenn Powell, 12845 Bay Street, thanked the Board and staff for their  
commitment to improving this area of Roseland, and finding an affordable way to  
provide sewer and water services.  
Caroline Alter (via Zoom), Ercildoune Heights, requested information regarding  
improvements on an adjacent lot, and expressed concern regarding poor drainage  
on her street.  
A motion was made by Commissioner Moss, seconded by Commissioner  
Adams, to approve: 1) staff's recommendation; 2) Resolution 2021-020,  
providing for a water main extension to serve 13700-13990 Ruffner Lane  
within River Trees; and 14365 78th Avenue, 14355 and 14370 80th Avenue  
within Ercildoune Heights Subdivision No. 1; and all properties within  
Ercildoune Heights Subdivision No. 2; and all properties lying northwest of  
Bay Street (83rd Avenue), all properties within Blocks 1, 2, 3 and 4; 8240 133rd  
Court and 8225, 8245 and 8255 133rd Place within Block 14, 8230, 8240 and  
8250 133rd Place, 8235, 8245 and 8255 134th Street within Block 15, 8240 134th  
Street, 13400 82nd Court, and 8235 and 8255 135th Street within Block 16, of  
the Plat of Wauregan on Fleming Grant; and all properties within Blocks B-1  
(less right-of-way), B-2, B-3 and B-4 (river front), all properties within Block B-2  
(railroad front), all properties within Blocks 1, 2 and 3, and 12805 and 12835  
82nd Court within Block 5, and 12820 and 12846 82nd Court within Block 6,  
and 12920 and 12940 82nd Court within Block 8, and 12948 and 12960 82nd  
Court within Block 9, and 12970 and 12980 82nd Court within Block 10, of the  
Townsite Plat of Roseland, Florida, located within Unincorporated Indian  
River County, Florida; providing the total estimated cost, method of payment  
of assessments, number of annual installments, and description of the area to  
be served; and 3) Resolution 2021-021, setting a time and place at which  
owners of certain properties, within River Trees, Ercildoune Heights  
Subdivision No. 1, Ercildoune Heights Subdivision No. 2, Plat of Wauregan on  
Fleming Grant and the Townsite Plat of Roseland, Florida, located within  
Unincorporated, Indian River County, Florida; and other interested persons,  
may appear before the Board of County Commissioners of Indian River  
County and be heard as to the propriety and advisability of constructing a  
water main extension, as to the cost thereof, as to the manner of payment  
therefor, and as to the amount thereof to be specially assessed against each  
property benefited thereby. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
13. COUNTY ATTORNEY MATTERS  
21-0191  
13.A.  
Economic Development Council Appointment  
Attachments: Staff Report  
County Attorney Dylan Reingold introduced the item to the Board.  
J. Rock Tonkel and Ardra Rigby, via Zoom, addressed the Board with information on  
their experience and value to the Economic Development Council. Also via Zoom,  
Helene Caseltine, Economic Development Director, Indian River County Chamber of  
Commerce, spoke on behalf of candidates Linda Morgan and Ardra Rigby.  
Commissioner Moss spoke of her positive experience when working with Mr.  
Tonkel.  
A motion was made by Commissioner Moss, seconded by Chairman Flescher, to  
appoint J. Rock Tonkel for the "BCC Appointee" position to the Economic  
Development Council. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph E. Flescher, Chairman  
B. Commissioner Peter D. O'Bryan, Vice Chairman  
C. Commissioner Susan Adams  
D. Commissioner Joseph H. Earman  
E. Commissioner Laura Moss  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
B. Solid Waste Disposal District  
C. Environmental Control Board  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 12:14 p.m.