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, January 19, 2021

9:00 AM

Commission Chambers

1. CALL TO ORDER

2. ROLLCALL

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

Lou Tropf, Chaplain, Indian River County Jail

3. PLEDGE OF ALLEGIANCE

Jason Brown, County Administrator

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Added: Item 7.D. Commissioner Earman's comments regarding an event held at the

Jackie Robinson Training Complex

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

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

following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

5. PROCLAMATIONS and PRESENTATIONS

6. APPROVAL OF MINUTES

Commissioner Moss inquired about the delay involved in getting the meeting minutes

to the Board for approval. Chairman Flescher, County Attorney Dylan Reingold, and

County Administrator Jason Brown provided information on the process, a function of

the Office of the Clerk to the Board. Commissioner Moss stated that she would

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

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

Adams, to approve the Regular Meeting Minutes of September 22, 2020, October

6, 2020, and October 13, 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

21-0160

6.A.

6.B.

6.C.

Regular Meeting of September 22, 2020

Attachments: 09222020BCC_Draft

Approved

21-0163

Regular Meeting of October 6, 2020

Attachments: 10062020BCC_Draft

Approved

21-0166

Regular Meeting of October 13, 2020

Attachments: 10132020BCC_Draft

Approved

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

21-0139

7.A.

Proclamation Honoring Amy Glaser on Her Retirement From Indian River County

Board of County Commissioners Department of General Services Parks and

Recreation Division with Eighteen Years of Service

Attachments: Proclamation

Chairman Flescher thanked Ms. Amy Glaser for eighteen years of service to the

County.

No Action Taken or Required

21-0140

7.B.

Proclamation Honoring Eddrick Willis on His Retirement From Indian River County

Board of County Commissioners Department of Public Works Road & Bridge

Division with Twenty-Five Years of Service

Attachments: Proclamation

Chairman Flescher congratulated Mr. Eddrick Willis for twenty-five years of service

to the County.

No Action Taken or Required

21-0149

7.C.

Florida Public Service Commission Consummating Order PSC-2021-0022-CO-EI

makes Order PSC-2020-0488-TRF-EI effective and final

Attachments: 21-0149

No Action Taken or Required

7.D. Commissioner Earman's comments

Commissioner Earman announced the recent success of the Florida Half Century

Winter Bash Softball Tournament, which brought 64 teams and spectators to the

County. He expressed appreciation for the County's Parks and Recreation staff, Mr.

Tom Lowther, and Mr. Rick Hatcher, Executive Director, Treasure Coast Sports

Commissioner, who worked together on the event.

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 presented. The motion carried by

the following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

20-2209

8.A.

Award of Bid 2021008 for Temporary Staffing Services

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

21-0135

21-0136

21-0153

8.B.

8.C.

8.D.

Approval of a Public Transportation Grant Agreement (PTGA) with the Florida

Department of Transportation (FDOT) for a Public Transportation Block Grant

Attachments: Staff Report

Resolution

Grant Agreement

Budget Form

Approved staff's recommendation and Resolution 2021-007, authorizing the

execution of a Public Transportation Grant Agreement with the Florida

Department of Transportation.

Approval of a Public Transportation Grant Agreement (PTGA) with the Florida

Department of Transportation (FDOT) for a Section 5311 Grant

Attachments: Staff Report

Resolution

Grant Agreement

Budget Form

Approved staff's recommendation and Resolution 2021-008, authorizing the

execution of a Public Transportation Grant Agreement with the Florida

Department of Transportation.

Work Order No. 2 - Southeastern Surveying and Mapping Corporation, Indian River

Blvd. (Merrill Barber Bridge to 53rd St.) Topographic Design Survey, IRC-1707

Attachments: Staff Report

Work Order No. 2

Exhibit A - Scope of Services

Approved staff's recommendation

21-0154

21-0156

8.E.

8.F.

Declaration of Excess Equipment as Surplus

Attachments: Staff Report

Excess List for 011921

Approved staff's recommendation

Miscellaneous Budget Amendment 003

Attachments: Staff Report

Exhibit "A"

Resolution

Approved Resolution 2021-009, amending the Fiscal Year 2020-2021 Budget.

21-0157

21-0159

8.G.

Miscellaneous Budget Amendment 004

Attachments: Staff Report

Resolution

Exhibit "A"

Approved Resolution 2021-010, amending the Fiscal Year 2020-2021 Budget.

8.H.

Agreement with Creative Solutions Companion Care Services, LLC for Emergency

Vaccine Administration Services

Attachments: Staff Report

Agreement

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

21-0165

9.A.

Indian River County Sheriff Eric Flowers re: Safety and Security of the Indian River

County Sheriff's Office Complex

Attachments: Memorandum from Sheriff Flowers

Sheriff Eric Flowers discussed with the Board his desire to make the Indian River

County Sheriff's Office Complex a single point of entry facility for the safety and

security of the employees. He inquired about redirecting funds designated for future

building plans to make them available for renovations. In addition, he thanked the

Commissioners for taking the time to tour the Sheriff's Office campus.

County Administrator Jason Brown acknowledged that funding from Capital

Improvements and Law Enforcement Impact Fees was available and could be

reallocated for renovations.

The Commissioners each spoke in full support of renovations to ensure the safety of

the Sheriff's Office employees. Commissioner O'Bryan suggested directing the

County Administrator to work with the Sheriff regarding the funding needed, and to

return to a future meeting for Board approval of the reallocation of funds.

A motion was made by Commissioner Moss, seconded by Chairman Flescher, to

direct the County Administrator to work with the Indian River County Sheriff to

discuss funding for renovations to improve the safety and security at the Sheriff's

Office, and to return to a future meeting for Board approval. The motion carried

by the following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

10. PUBLIC ITEMS

21-0121

10.A.1.

Consideration of a Proposed Land Development Regulation Amendment to

Chapter 904 (Nonconformities) - LEGISLATIVE

Attachments: Staff Report

Excerpt from July 23, 2020 PZC Minutes

Excerpt from Draft September 22, 2020 BCC Minutes

Excerpt from Draft December 10, 2020 PZC Minutes

Proposed Ordinance

Chief of Current Development Ryan Sweeney presented the Board with the

proposed Land Development Regulation (LDR) amendment to Chapter 904.05

of the Code of Indian River County, to address a unique scenario by allowing no

more than two (2) single-family homes to be constructed on a site with an existing

nonconforming communications tower. He also stated the recommended criteria,

which included a 250' minimum setback from the tower, the meeting of all

applicable zoning district requirements, and a hold harmless agreement between

the property owner and the County.

Under Board discussion, Vice Chairman O'Bryan provided background on the

topic to Commissioners Earman and Moss as they were not members of the

Board on September 22, 2020, when the item was initially presented. He

explained that the proposed LDR amendment was a result of Mr. Jacob

Allenbaugh's appeal of a Planning and Zoning Commission decision. Mr.

Allenbaugh wished to purchase the property at 6390 77th Street for the purpose

of building two (2) single-family homes.

Commissioner Moss inquired and received clarification from Chief Sweeney that

the nonconforming communications tower, a 500' radio tower, was approved in

1989 and built in 1990. Chief Sweeney also stated that the ordinance amendment

would only apply to approximately 10-12 sites throughout the County, as most

communication towers were conforming. Commissioner Earman and Chairman

Flescher commended all parties for working together to find a solution that would

allow the parcel of land to be developed without disturbing the tower.

Chairman Flescher opened the public hearing.

Joseph Paladin, Chairman of the Land Use Committee for the Indian River

Neighborhood Association, spoke in support of the LDR amendment.

Mr. Allenbaugh thanked the Board for considering his request.

There being no additional speakers, Chairman Flescher closed the public hearing.

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

Earman, to adopt Ordinance 2021-003, amending Section 904.05 (Expansion,

increase, or change of nonconformity) of Chapter 904 (Nonconformities) of the

Code of Indian River County, to allow for single family homes on certain

21-0152

10.A.2.

Face Covering Ordinance - LEGISLATIVE

Attachments: Staff Report

Draft Face Covering Ordinance

County Attorney Dylan Reingold referred to staff's memorandum dated January

7, 2021, to recommend adoption of Ordinance 2021-004, to replace the face

covering ordinance that was sunsetting. He stated that he was open to adjusting

the duration to a term different than the proposed 60-days.

Chairman Flescher opened the public hearing.

The following individuals spoke in opposition of the proposed face covering

ordinance, citing reasons such as medical conditions, ineffectiveness, struggling

businesses, constitutional rights, and possible long-term effects:

Dadra Smith

Chris Allen

Antoinette Beck

Carolyn Kleinpeter

Cathy Anderson

Robert Steiger

Dawn Wilkerson

Lamarre Notargiacomo

Ruth Kuvlesky

Richard Allen

Deborah Cooney

Doug Skeet, 1820 Tarpon Lane, spoke in support of the face covering ordinance.

Due to a technical difficulty, Chairman Flescher called for a recess at 10:17

a.m., and he reconvened the meeting at 10:26 a.m., with all members

present.

The following individuals addressed the Board via Zoom to oppose the face

covering ordinance:

Nicole Campanelli

Jennifer Pippen

Tess Whalen spoke via Zoom to encourage the Board to adopt the proposed

ordinance.

There being no additional speakers, Chairman Flescher closed the public hearing.

Detailed discussion ensued among the Board to address comments that were

made by the speakers and to emphasize their concern for the health and welfare

of the County's citizens. Chairman Flescher was not in favor of a mandate that

was not enforceable. Vice Chairman O'Bryan, Commissioner Earman, and

Commissioner Adams supported changing the term of the face covering ordinance

to six (6) months. Commissioner Moss suggested a four (4) month ordinance

term.

County Attorney Dylan Reingold advised that the face covering ordinance could

be rescinded by the same process it was adopted.

In response to a question by Commissioner Moss on the projected timeline for

vaccinations, County Administrator Jason Brown estimated that it would be six

(6) months until vaccines were made available to the general population.

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

Adams, to adopt amended Ordinance 2021-004, providing for adoption of

recitals; providing for face covering requirements and exceptions; providing

for penalties and enforcement; providing for applicability, severability,

conflict, sunset date and an effective date; the sunset date was amended to

read July 13, 2021. The motion carried by the following vote:

4 -

Aye:

Nay:

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

Commissioner Moss

1 - Chairman Flescher

21-0158

10.A.3.

Miscellaneous Budget Amendment 005

Attachments: Staff Report

Resolution

Exhibit "A"

NOTICE OF PUBLIC HEARING

Florida Statute

Management and Budget Director Kristin Daniels presented to the Board, a

proposed amendment to the Fiscal Year 2020-2021 Budget.

Vice Chairman O'Bryan inquired and received clarification from Ms. Daniels

regarding the difference between the Budget amendments included on the

Consent Agenda, Items 8.F. and 8.G. Ms. Daniels explained that the revenue

sources for the Consent Agenda items were either from grants or Reserve for

Contingency Funds, and this item's revenue sources were from cash.

Chairman Flescher opened the public hearing.

Deborah Cooney addressed the Board with comments not related to this

amendment.

There being no additional speakers, the Chairman closed the public hearing.

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

Flescher, to approve Resolution 2021-011, amending the Fiscal Year 2020-2021

Budget. 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

C. PUBLIC NOTICE ITEMS

11. COUNTY ADMINISTRATOR MATTERS

21-0171

11.A.

Provide Update Regarding COVID-19 Vaccinations

County Administrator Jason Brown utilized a PowerPoint presentation to provide a

COVID-19 vaccination update. He also outlined the Governor's Executive Order

20-315, regarding the current eligibility for individuals interested in receiving the

vaccine. He provided a response to Board direction from the meeting on January 12,

2021, to improve the process related to signing up for a vaccination appointment.

Administrator Brown discussed the options for manageable wait list software, and he

stated that he had been prepared to recommend a contract with Luminare Innoculate

or Qualtrics; however, he was recently informed that the Florida Department of

Emergency Management was rolling out Sharecare, a vaccine registration and

administration program. He was unsure of the timeline or the inclusion of a wait list

component, but he made mention that staff had registered for training and

implementation of the system. He added that the support being received from the

State could be jeopardized if the County chose to use a different registration program;

he recommended using Sharecare for that reason.

Under Board discussion, each Commissioner expressed their desire to reduce the

anxiety and frustration being felt throughout the community when attempting to register

for a vaccination appointment. Chairman Flescher inquired and received clarification

from Administrator Brown regarding the short time it took to fill the latest vaccination

schedule. Vice Chairman O'Bryan was inquisitive of how Sharecare could make the

process less frustrating if it did not include a wait list component. Commissioner

Adams and Commissioner Earman voiced their concern over the threat of losing State

resources if the County chose to use a program other than Sharecare. Commissioner

Earman then referred back to the software companies that staff had been prepared to

recommend, Luminare Innoculate or Qualtrics. He received an explanation from

Administrator Brown on how the program would function, including confirmation that

both of the software companies would integrate with Florida SHOTS. Administrator

Brown also relayed that CARES Act funding could be used to purchase the software.

Discussion continued as Commissioner Earman expressed his desire to move forward

with an outside company in order to guarantee that the County would have

manageable wait list software. Chairman Flescher inquired and received feedback

from Administrator Brown that the timeline for implementing the software was

approximately 10 days, and that he would need Board approval to waive the bid

requirements and direction to move forward with entering into a contract with an

outside company. Commissioner Moss voiced concern over the uncertain vaccine

supply, pointing out that the number of vaccines received by the County each week

may continue to decrease. She proposed that the County formulate a list using the

sign-up information from ALERT Indian River. Administrator Brown responded,

noting that it would not be an option to use the ALERT Indian River database, as

"age" was not included in the data captured.

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

spoke on the limited vaccine supply and the Health Department's dedication to get the

vaccines into the community. She added her concern that an outside software

company would not have the same ability as Sharecare to seamlessly integrate with

Florida SHOTS.

Commissioner Adams inquired with Ms. Hawker regarding the possibility of an

outside company's software integrating/interfacing with Sharecare; limiting

vaccinations to only County residents; reducing the work of the Health Department by

digitally updating the Florida SHOTS database; and the best point of contact for

individuals with vaccination questions.

Under public comment, Deborah Cooney addressed the Board to speak about the

controversy involving vaccines.

Additional Board discussion ensued with Vice Chairman O'Bryan and Commissioner

Moss relaying their fear that the vaccine supply would be cut by the State if the

Sharecare system was not utilized. Commissioner Adams attempted to get

clarification as to when Sharecare would be up and running; Ms. Hawker did not

confirm a date.

At the conclusion of discussion, Administrator Brown announced that he had just

been contacted by Emergency Services Director and Chief Tad Stone, who advised

that the State would have the Sharecare system in place in approximately three (3)

weeks. Commissioner Adams suggested revisiting the topic at the next meeting,

February 2, 2021, to allow staff the necessary time it would take to gather information

from the State and to reach out to Senator Debbie Mayfield and State Representative

Erin Grall for confirmation that the vaccine supply would not be cut if the County

contracted with an outside company to provide manageable wait list software.

A motion was made by Commissioner Earman, seconded by Chairman Flescher,

to: 1) waive the bid requirements related to contracting with a company with

software capabilities to wait-list people who opt for the COVID-19 vaccination,

and 2) direct the County Administrator to contract with the company of his choice

and authorize spending up to $200,000 of CARES Act funding on the necessary

software. The motion was denied by the following vote:

2 - Chairman Flescher, and Commissioner Earman

Aye:

Nay:

3 - Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Moss

12. DEPARTMENTAL MATTERS

A. Community Development

B. Emergency Services

C. General Services

21-0143

12.C.1.

FIT Installation of High Frequency Radar (HFR) Antennas at Treasure Shores

Park

Attachments: Staff Report

License Agreement

FIT HFR License Agreement

Parks and Conservation Resources Director Kevin Kirwin introduced Dr. Nick

Shay, Rosenstiel School of Marine and Atmospheric Science at the University of

Miami, and Dr. Steven Lazarus, Department of Ocean Engineering and Marine

Sciences at the Florida Institute of Technology, who were present to discuss a site

within the County that would become part of the United States National High

Frequency Radar (HFR) network. Dr. Lazarus utilized a PowerPoint

presentation to provide detailed information related to high frequency ocean

surface radar, used for detecting currents and waves. He stated that the site

chosen at Treasure Shores Park would provide benefits such as tracking Red

Tide and providing rocket launch support. He made it known that the real time

data from the project would be made available to the community through the

Southeast Coastal Ocean Observing Regional Association's website,

www.secoora.org.

In response to inquiries from Commissioner Moss regarding pole appearance and

radiation, Dr. Shay described the 12 poles as one (1) inch in diameter, four (4) to

six (6) feet high, and painted to blend with the vegetation. He clarified that the

approximate 40 watts of radiation was not a concern, comparing it to 1/3 to 1/2

of what comes from a light bulb used at a residence.

When asked by Vice Chairman O'Bryan about the frequency and its impact to

marine mammals, shore birds and sea turtles, Dr. Lazarus stated that a cell phone

transmits a frequency 10-100 times higher.

Commissioner Earman added that he saw no downside to the project.

Under public comment, Deborah Cooney opposed the project due to the effects

of electromagnetic radiation exposure.

Dr. Lazarus informed the Board that all data and information gathered from the

project would be shared with the U.S. Fish and Wildlife Service and with the area

sea turtle monitoring groups.

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

D. Human Resources

E. Information Technology

F. Office of Management and Budget

G. Public Works

H. Utilities Services

21-0168

12.H.1.

51st Avenue Water Assessment Project Resolution I and II

Attachments: Staff Report

Director of Utility Services Vincent Burke referred to staff's memorandum dated

December 29, 2020, and a PowerPoint presentation to provide the background

and an assessment area map, for the 51st Avenue Water Assessment Project.

He requested approval for two (2) resolutions in moving the project forward.

The Board had no questions for Director Burke.

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

Adams, to approve: 1) Resolution 2021-012, providing for 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; providing the total estimated

cost, method of payment of assessments, number of annual installments, and

description of the area to be served; and 2) Resolution 2021-013, setting a

time and place at which owners of certain properties abutting 51st Avenue

from 65th Street to 69th Street within a portion of Winter Beach Highlands

and a portion of Winter Beach Park 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 the 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

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

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.

B. Solid Waste Disposal District

21-0167

15.B.1.

Approval of Minutes Meeting of October 13, 2020

Attachments: 10132020SWDD_Draft

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

Adams, to approve the Meeting Minutes of October 13, 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

21-0169

15.B.2.

Work Order No. 4 to Andersen Andre Consulting Engineers, Inc.

Attachments: Staff Report

Work Order No 4

There was no discussion on this item.

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

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

following vote:

5 -

Aye:

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

Commissioner Earman, and Commissioner Moss

C. Environmental Control Board