Indian River County

Administration Complex

1801 27th Street, Building

Indian River County Florida

Vero Beach, Florida,

32960-3388

Meeting Minutes - Final

www.ircgov.com

Board of County Commissioners

Chairman, Joseph E. Flescher, District 2

Vice Chairman, Peter D. O'Bryan, District 4

Commissioner Susan Adams, District 1

Commissioner Joseph H. Earman, District 3

Commissioner Laura Moss, District 5

Jason E. Brown, County Administrator

Dylan Reingold, County Attorney

Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller

Tuesday, February 2, 2021

9:00 AM

Commission Chambers

1. CALL TO ORDER

5 -

Present:

Chairman Joseph Flescher

Vice Chairman Peter O'Bryan

Commissioner Susan Adams

Commissioner Joe Earman

Commissioner Laura Moss

2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF

THE ARMED FORCES

2.B. INVOCATION

Reverend Canon B. Keith Allen, Christ Church

Commissioner Adams offered the Invocation in Reverend Allen's absence.

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph H. Earman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Added: 7.I. Video Presentation of Alma Lee Loy’s Induction into the Florida

Women’s Hall of Fame

Moved: Special District Items 15.A.1., 15.A.2., 15.B.1., and 15.B.2. to follow Item

11.A. County Administration Matters

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Moss, to approve the Agenda as amended. The motion carried by the following

vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner

Earman, and Commissioner Moss

5. PROCLAMATIONS and PRESENTATIONS

21-0179

5.A.

Award Presentation -- Salvation Army First Responders Red Kettle Challenge --

Presented by Captain Ryan Meo, Corps Officer of the Salvation Army of Indian

River County

Salvation Army Volunteer Coordinator Elaine McNeal, who appeared in Captain

Meo's absence, presented the Red Kettle Challenge trophy to Emergency Services

Director Tad Stone and members of his staff in honor of their superior fund raising

efforts.

Presented

6. APPROVAL OF MINUTES

Following a motion by Commissioner Adams to approve all the meeting minutes,

Commissioner Moss responded that she would approve all the minutes except for the

meeting of November 17, 2020, which she had attended. Commissioner Moss

objected to the spartan descriptions of the Board's discussions; she requested that the

Clerk add more detail when summarizing the Board's deliberations.

Commissioner Flescher informed that the minute-taking style had been revised a

number of years back, with approval by the State and a Board vote. The condensed

form, he noted, had been adopted for clarity and brevity.

Clerk of the Circuit Court and Comptroller Jeffrey Smith addressed the Board and

confirmed that the Clerks had been directed to write the meeting minutes in summary

format. Mr. Smith agreed to consider fleshing out the discussion descriptions, as long

as it did not defeat the purpose of the Board's previous direction.

Commissioner Adams restated her motion to approve or not approve all of the

minutes together as a group.

A motion was made by Commissioner Adams, seconded by Commissioner

Earman, to approve the Regular Meeting Minutes of October 20, 2020, the Special

Call Meeting Minutes of October 28, 2020, and the Regular Meeting Minutes of

November 3, 2020, November 10, 2020, and November 17, 2020 as written. The

motion carried by the following vote:

4 -

Aye:

Nay:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and

Commissioner Earman

1 - Commissioner Moss

21-0195

6.A.

Regular Meeting of October 20, 2020

Attachments: 10/20/2020 BCC Minutes

Approved

21-0204

6.B.

6.C.

6.D.

6.E.

Special Call Meeting of October 28, 2020

Attachments: 10/28/2020 Special Call Draft Minutes

Approved

21-0206

Regular Meeting of November 3, 2020

Attachments: 11/03/2020 BCC Meeting Draft Minutes

Approved

21-0207

Regular Meeting of November 10, 2020

Attachments: 11/10/2020 BCC Meeting Draft Minutes

Approved

21-0208

Regular Meeting of November 17, 2020

Attachments: 11 17 2020 BCC Meeting Draft Minutes

Approved

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

21-0173

7.A.

Proclamation Honoring Sheldon Dane Lewis on His Retirement From Indian River

County Board of County Commissioners Department of Emergency Services Fire

Rescue Division with Twenty-Nine Years of Service

Attachments: Proclamation

Commissioner Earman spoke on behalf of Mr. Lewis's strong work ethic, and ability

to lead by example during his almost 30-year career.

No Action Taken or Required

21-0175

21-0170

7.B.

7.C.

Continuation Certificate for Public Official Bond for Jeffrey R. Smith, Clerk of the

Circuit Court and Comptroller

Attachments: Memorandum

Jeffrey R. Smith Continuation Certificate

No Action Taken or Required

Florida Public Service Commission Order PSC-2021-0031-CO-EI makes Order

PSC-2020-0508-TRF-EI effective and final

Attachments: 01004-2021

No Action Taken or Required

21-0180

21-0176

7.D.

7.E.

Florida Public Service Commission Consummating Order PSC-2021-0039-CO-EI

makes Order PSC-2020-0512-TRF-EI effective and final; docket to remain open.

Attachments: PSC-2021-0039-CO-EI

No Action Taken or Required

Update on Brightline Trains Expenses

Attachments: Staff Report

Brightline Trains Expenses

No Action Taken or Required

21-0177

7.F.

7.G.

1st Quarter FY 2020/2021 Budget Report

Attachments: Staff Report

1st Quarter Budget Report

No Action Taken or Required

21-0186

Indian River County Libraries Take Home Job Fair

Attachments: Staff Report

Assistant County Administrator Mike Zito was joined by Director of Library Services

Tracey Wehking who provided information about the County Library's Take Home

Job Fair. Ms. Wehking presented a sample of the materials residents could use at

home, which included writing and interviewing tips, as well as assistance from

community partner organizations.

No Action Taken or Required

21-0190

7.H.

7.I.

Indian River County Venue Event Calendar Review

Attachments: Event Calendar

No Action Taken or Required

21-0220

Video Presentation in Honor of Alma Lee Loy's Induction into the Florida Women's

Hall of Fame

Commissioner Moss presented a video clip of Alma Lee Loy's induction into the

Florida Women's Hall of Fame. Chairman Flescher, and Commissioners Earman and

Adams, shared recollections of Ms. Loy and her impact on the community. Vice

Chairman O'Bryan requested that staff add a link to the presentation on the County's

website; County Administrator Jason Brown offered to help publicize Ms. Loy's

honor.

No Action Taken or Required

8. CONSENT AGENDA

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Adams, 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

8.A.

8.B.

8.C.

8.D.

8.E.

Checks and Electronic Payments December 25, 2020 to December 31, 2020

Attachments: Finance Department Staff Report

Approved

Checks and Electronic Payments January 1, 2021 to January 7, 2021

Attachments: Finance Department Staff Report

Approved

Checks and Electronic Payments January 8, 2021 to January 14, 2021

Attachments: Finance Department Staff Report

Approved

Checks and Electronic Payments January 15, 2021 to January 21, 2021

Attachments: Finance Department Staff Report

Approved

Final Ranking of Consultants and Authorization to Negotiate - RFQ 2021015

Construction Engineering and Inspection (CEI) Services for IRC-1505 (66th Ave

From 49th Street to 69th Street Roadway Widening)

Attachments: Staff Report

Approved staff's recommendation with the final ranking of firms being: Consor

Engineers, LLC; Carnahan, Proctor and Cross, Inc.; K-Factor, Inc.; and Johnson,

Mirmiran & Thompson, Inc.

21-0183

8.F.

8.G.

Award of Annual Bid for Day Labor (2021017)

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

21-0184

Award of Annual Bid for Street Sweeping (2021016)

Attachments: Staff Report

Approved staff's recommendation

21-0210

11.A.

Provide Update Regarding COVID-19 Vaccinations

Attachments: Staff Report

County Administrator Jason Brown utilized a PowerPoint presentation to deliver a

COVID vaccination update, during which he previewed a second-dose appointment

calendar. Administrator Brown then shared staff's discovery that the County's existing

notification software, Everbridge, could be utilized to create a wait list at a lower cost

and with a quicker turn around than the other software options previously considered.

Brian Toolan, Director of Government Strategy, Everbridge, appeared via Zoom with

a demonstration of the registration website; he noted the software was also call center

compatible. The Board received additional information from Mr. Toolan regarding

numbering the wait list, the ability for spouses to register together, and sorting options.

Administrator Brown clarified issues regarding which sorting parameters the state

allowed, the conflicting information regarding prioritization within the 65 and over age

group, the integration of state and local vaccine registration lists, and a phone

registration option.

Health Officer, Florida Department of Health for Indian River County, Miranda

Hawker addressed the Board with positive feedback on Everbridge, and provided

updated vaccination information. Discussion between the Board and Ms. Hawker

ensued on topics including: integration of the state-run Sharecare list, appointment

registration confusion, and confirmation of her leadership's direction that the

Governor's order did not provide for prioritization within age groups.

Information Technology Director Dan Russell offered assurance that the County's

computer system was robust, and that back-end testing had begun in preparation for

wait list registration within the week. He also provided information regarding the

collection of health information from registrants.

Vice Chairman Peter O'Bryan requested that Kathleen Keenan, Legislative Affairs

and Communications Manager, contact State leadership to clarify the contradiction

between the Governor's local appearance, in which he stated prioritization within the

65 plus age group was permitted, and the Health Department's statement that the

Governor's order did not allow for such prioritization.

Ms. Hawker returned before the Board to answer questions on the hierarchy of

vaccine decision-making within the County. She also acknowledged the residents'

frustration with the Health Department and offered that with technology

improvements, the second-dose calendar, and community partnerships, her

department was making strides in responding to questions and disseminating

information. She closed by confirming that the vaccines offered by Publix did not

affect the County's allocated supply because they used differing products.

21-0181

12.F.1.

Allocation of One-Half Cent of Tourist Tax Revenue

Attachments: Staff Report

Florida Statute 125.0104

Indian River County, FL Code of Ordinances Ch. 210

Historic Dodgertown Facilty Lease Agreement Agenda Item

Director of Management and Budget Kristin Daniels referenced staff's memo

dated January 21, 2021, as she reviewed her department's proposal to

re-allocate one-half (1/2) of one cent of Tourist Tax revenue, as provided for in

the spending plan for Historic Dodgertown/Jackie Robinson Training Complex

(the Complex). Staff recommended redistributing the revenue to Beach

Restoration and Tourist Promotion beginning in Fiscal Year (FY) 2021/22.

Director Daniels noted that the Statutes did not allow for half-penny allocations,

so the portions would be converted to represent a fraction of one cent.

Vice Chairman O'Bryan advocated for 75 percent of this new Tourist Promotion

revenue to be held back as contingency for unforeseen mid-year opportunities.

Chairman Flescher, and Commissioners Earman and Adams provided their

rationale for supporting the proposed allocations, as well as supporting Vice

Chairman O'Bryan's suggestion for a Tourist Promotion Fund reserve.

Commissioner Moss disapproved of continuing to collect the one (1) cent of

Tourist Tax allocated to the Complex, stating that its purpose had been fulfilled

when the improvement bond was repaid. County Administrator Jason Brown

explained that though the bond was paid, the County was still contractually

obligated to pay for the Complex's maintenance through at least FY 2028/29.

County Attorney Dylan Reingold provided clarification of the State Statutes

governing Tourist Tax spending in response to Commissioner Moss's comments.

Commissioner Moss then suggested revisiting the issue to establish a sunset date,

thereby reducing the Tourist Tax to three percent (3%), or three cents.

The other Board members disagreed with Commissioner Moss's suggestion, and

were in favor of maintaining the fourth cent of the Tourist Tax for reasons which

included relieving taxpayers from the increasing cost of beach re-nourishment, the

necessity of maintaining the County's beaches, upkeep of the Complex which

provided sports tourism dollars, and increased requests for Tourism Promotion

funds.

Jennifer Bates, Tourism and Development Council (TDC) member, commented

via Zoom that the fourth cent of the tax was crucial for tourism promotion,

especially in light of reduced co-op dollars. She also mentioned that the TDC

was in talks to increase the Tourist Tax to five percent (5%), as permitted by the

State.

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Adams, to approve staff's recommendation with additional direction to

reserve 75% of the additional Tourism Promotion fund money for mid-year

allocations. The motion carried by the following vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,

Commissioner Earman, and Commissioner Moss

G. Public Works

21-0203

12.G.1.

Sector 3 - Phase 1 Beach and Dune Restoration Project (IRC-1925) Additional

Erosion Observed Since Summer 2020 Survey

Attachments: Staff Report

Representative Surveys

Director of Public Works Richard Szpyrka presented an update of the Sector 3,

Phase 1 Beach and Dune restoration project. He reported that a December

2020 pre-construction survey showed additional sand was needed due to erosion

which occurred since the last survey was done in Summer of 2020. Director

Szpyrka referred to staff's memo dated January 25, 2021, as he reported on the

amount of sand needed, and the associated cost.

Commissioner Earman entered into discussion with Director Szpyrka regarding

effects of the most recent storm erosion, and expressed concern for the rising cost

of beach re-nourishment.

County Administrator Jason Brown added that the newly allocated Tourist Tax

revenue would be helpful for this project. He then announced that the County had

just been approved to receive a grant from the State's beach re-nourishment fund.

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

H. Utilities Services

21-0182

12.H.1.

Work Order No. 3 for Bowman Consulting, Ltd., West Wabasso Sewer Phase

III

Attachments: Staff Report

Work Order No 3 Bowman Consulting Inc

Location Map

Director of Utility Services Vincent Burke presented a funding update for the

West Wabasso Sewer Phase III project. He reported that the County had

received $1.25 million of the $1.4 million requested from a St. Johns River Water

Management District cost share grant. Director Burke referred to staff's memo

dated January 6, 2021 to detail the project's total cost, including connection

incentives. He also requested Optional Sales Tax dollars to fund the grant shortfall

and offset the cost of incentives.

Vice Chairman O'Bryan received confirmation that the incentives would offset

impact fees for residents who connected to service within the first year of

availability.

Ardra Rigby, President, West Wabasso Progressive Civic Club, thanked the

Board and staff for their assistance with the project, and for improving the

Wabasso community.

Julianne Price, Florida Department of Health, expressed gratitude to the County

for the project.

A motion was made by Vice Chairman O'Bryan, seconded by Chairman

Flescher, to approve staff's recommendation. The motion carried by the

following vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,

Commissioner Earman, and Commissioner Moss

21-0201

12.H.2.

Update on the FY 2021-2022 Cost Share Grant Application from St. Johns

River Water Management District

Attachments: Staff Report

Director of Utility Services Vincent Burke appeared before the Board with a

report on the St. Johns River Water Management District's (SJRWMD) updated

application requirements for cost share grants in Fiscal Year (FY) 2021/22.

Some of the changes included minimum connection requirements, ordinances for

mandatory sewer hookup and irrigation regulation, and minimum performance

standards. Director Burke suggested submitting a FY 2020/21 Alternative Water

Supply grant application for improvements needed at the South County water

treatment plant.

The Commissioners expressed frustration with the SJRWMD's tactics and related

appointed-Board overreach. Director Burke responded to a query with

confirmation that the County did offer financing and incentives for septic to sewer

conversions.

A motion was made by Vice Chairman O'Bryan, seconded by Chairman

Flescher, to direct staff to: 1) Submit an Alternative Water Supply (AWS) grant

application for the membrane replacement at the South County Reverse

Osmosis water treatment plant; and 2) Work toward creating an ordinance

which would regulate landscape irrigation. 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

21-0192

13.A.

16th Street Ballfields and the Jimmy Graves Foundation

Attachments: Staff Report

County Attorney Dylan Reingold presented the resolution of the County's lawsuit

against the Jimmy Graves Foundation and Jimmy Graves Sports Complex (16th

Street Ballfields) for the Board's approval. Attorney Reingold detailed the settlement

conditions which included gifting the property to the School Board of Indian River

County with restrictive covenants limiting the property's use for recreational,

youth-related, or charitable activities. He cautioned that the property's restrictions

could be eliminated if the School Board defaulted on its bonds. In exchange, he

continued, the County agreed to drop its lawsuit, and the Jimmy Graves Foundation

would retain naming rights to the property.

Chairman Flescher described the settlement as a win for all parties. Commissioner

Moss agreed the settlement was optimal.

A motion was made by Commissioner Moss, 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

21-0194

13.B.

Resolution of Necessity for four Parcels of Right-Of-Way Located along 69th Street

west of 66th Avenue, Vero Beach, FL 32967: Parcel 303 (Chesnut), Parcel 313

(Dent), Parcel 316 (Mandina) and a perpetual access easement in Parcel 317 (AC

Veterinary)

Attachments: Staff Report

Proposed Resolution

Composite Exhibit "A" to Resolution

Deputy County Attorney Bill DeBraal sought Board approval of a Resolution of

Necessity for right-of-way acquisition in the widening of 66th Avenue, north of 57th

Street. He detailed each of the four (4) properties involved, and the need to acquire

right-of-way for side street improvements.

Vice Chairman O'Bryan received confirmation from Attorney DeBraal that should

negotiations with the property owners fail, he would follow the Board's desire to

exercise the Murphy Act deed reservation on the Dent and Mandina parcels. The

Vice Chairman then requested that the property owners be made aware of their

option to either accept a fair market offer from the County, or have the needed land

taken under eminent domain.

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Adams, to approve staff's recommendation and Resolution 2021-014, declaring a

reasonable necessity to acquire certain real property for the purposes of

improving and reconstructing 66th Avenue, including side street, intersection,

sidewalk and water retention pond improvements; authorizing the County

Attorney or its outside counsel to acquire the attached properties by the

institution of proceedings in eminent domain, and providing an effective date.

The motion carried by the following vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner

Earman, and Commissioner Moss

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

[Clerk's Note: The Special District Items were heard following Item 11.A. County

Administrator Matters, and are left here for continuity.]

A. Emergency Services District

The Board of County Commissioners reconvened as the Board of Commissioners

of the Emergency Services District. The minutes will be approved at an upcoming

Emergency Services District meeting.

21-0162

15.A.1.

Approval of Minutes Meeting September 22, 2020

Attachments: 09/22/2020 ESD Meeting Draft Minutes

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Earman, to approve the Emergency Services District Meeting Minutes of

September 22, 2020 as written. The motion carried by the following vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,

Commissioner Earman, and Commissioner Moss

21-0174

15.A.2.

Sole Source Purchase of Four (4) Stryker Stretchers

Attachments: Staff Report

Stryker Stretcher Quote

2020 Power-PRO XT Sole Source Letter

2020 Emergency Care Parts and Service Letter

There was no discussion regarding this item.

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Earman, to approve staff's recommendation. The motion carried by the

following vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,

Commissioner Earman, and Commissioner Moss

B. Solid Waste Disposal District

The Board of Commissioners adjourned the meeting of the Emergency Services

District and 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.

21-0196

15.B.1.

Approval of Minutes Meeting of October 20, 2020

Attachments: 10202020SWDD_Draft

A motion was made by Vice Chairman O'Bryan, seconded by Commissioner

Adams, to approve the Solid Waste Disposal District Meeting Minutes of

October 20, 2020 as written. The motion carried by the following vote:

5 -

Aye:

Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,

Commissioner Earman, and Commissioner Moss

21-0193

15.B.2.

Amendment No. 1 to Work Order No. 10 to Geosyntec

Attachments: Staff Report

Amendment No 1 to CCNA-2018 WO No 10 - Geosyntec

There was no discussion regarding this item.

A motion was made by Commissioner Earman, 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

The Board of Commissioners adjourned the meeting of the Solid Waste Disposal

District and resumed the regular meeting with Item 12.F.1. Allocation of One-Half

Cent of Tourist Tax Revenue.

C. Environmental Control Board

16. ADJOURNMENT

Prior to adjournment, Chairman Flescher revisited the issue of the meeting minutes.

There being no further business, the Chairman adjourned the meeting at 12:24 p.m.