Indian River County  
Administration Complex  
1801 27th Street, Building  
A
Indian River County Florida  
Vero Beach, Florida,  
32960-3388  
Meeting Minutes - Final  
Board of County Commissioners  
Chairman, Joseph E. Flescher, District 2  
Vice Chairman, Peter D. O'Bryan, District 4  
Commissioner Susan Adams, District 1  
Commissioner Joseph H. Earman, District 3  
Commissioner Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, April 6, 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  
Pastor Jim Gallagher, Calvary Chapel Vero Beach  
3. PLEDGE OF ALLEGIANCE  
Chairman Joseph E. Flescher  
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  
5.A.  
Presentation of Proclamation Honoring Paul Colberg 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 read and presented the Proclamation to Mr. Paul Colberg, and  
thanked him for twenty-five years of service to the County. Commissioner Earman  
also commended Mr. Colberg for his extensive volunteer work in the community.  
Read and Presented  
5.B.  
Presentation of Proclamation Honoring Willard Taylor Ramsey on His Retirement  
From Indian River County Board of County Commissioners Department of  
Emergency Services / Fire Rescue Division with Thirty Years of Service  
Attachments: Proclamation  
Commissioner Earman read and presented the Proclamation to Lieutenant Willard  
Taylor Ramsey, thanking him for thirty years of service to the citizens of Indian River  
County. The Commissioner also spoke of the many years he and Lieutenant Ramsey  
had worked together.  
Lieutenant Ramsey thanked a number of individuals who had played an important role  
in his life. He also discussed his desire to start an Emergency Medical Technician  
(EMT) and Fire Explorer Program in the County, and to eventually sponsor foster  
children through the program.  
Chairman Flescher, Commissioner Moss, and County Administrator Jason Brown  
thanked Lieutenant Ramsey for his dedication to the Department of Emergency  
Services/Fire Rescue Division.  
Read and Presented  
5.C.  
Presentation of Proclamation Designating the Month of April, 2021 As Child Abuse  
Prevention Month  
Attachments: Proclamation  
Commissioner Adams read and presented the Proclamation to the Florida District of  
the Exchange Club President-Elect Joe Walsh, who spoke regarding events that were  
planned for the month of April 2021, Childhood Prevention Month. Mr. Walsh was  
joined by Laurie Collings, Kim Prado, and Robin Dapp, representing the Exchange  
Club of the Treasure Coast; Judy Landgrave, representing the Exchange Club of  
Vero Beach; Barbara Parent, representing the Exchange Club of Indian River; and  
Matt Markley, CEO, Hibiscus Children's Center. Mr. Markley talked briefly about  
his organization and stated their motto, "Every Child, Every Day, for a Better  
Tomorrow."  
Read and Presented  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Adams, seconded by Commissioner  
Earman, to approve the Regular Meeting Minutes of January 19, 2021, Special  
Call Meeting Minutes of January 25, 2021, and the Regular Meeting Minutes of  
February 02, 2021, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
6.A.  
6.B.  
6.C.  
Regular Meeting of January 19, 2021  
Approved  
Special Call Meeting of January 25, 2021  
Approved  
Regular Meeting of February 02, 2021  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Proclamation Honoring Theresa Lynn Brennan on Her Retirement From Indian River  
County Board of County Commissioners Department of Emergency Services with  
Thirty Years of Service  
Attachments: Proclamation  
Commissioner Earman thanked Ms. Theresa Brennan for thirty years of service to  
Indian River County.  
No Action Taken or Required  
7.B.  
7.C.  
Health Department Annual Contract to Include CARES Act Amendment  
Attachments: Staff Report  
No Action Taken or Required  
Update on Brightline Trains Expenses  
Attachments: Staff Report  
No Action Taken or Required  
7.D.  
7.E.  
Indian River County Venue Event Calendar Review  
No Action Taken or Required  
Proclamation Designating April 1 through April 30, 2021, as Water Conservation  
Month in Indian River County  
Attachments: Staff 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.F., 8.J.,  
8.L., and 8.V. for discussion. 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 February 19, 2021 to February 25, 2021  
Approved  
Checks and Electronic Payments February 26, 2021 to March 4, 2021  
Approved  
Checks and Electronic Payments March 5, 2021 to March 11, 2021  
Approved  
Checks and Electronic Payments March 12, 2021 to March 18, 2021  
Approved  
Checks and Electronic Payments March 19, 2021 to March 25, 2021  
Approved  
8.F.  
Indian River County Clerk of Circuit Court and Comptroller, Jeffrey R. Smith:  
Notice of Comprehensive Annual Financial Report and Popular Annual Financial  
Report Completion for the fiscal year 2019-2020  
Clerk of the Circuit Court and Comptroller Jeffrey R. Smith provided a detailed  
overview of the Comprehensive Annual Financial Report (CAFR) and the Popular  
Annual Financial Report (PAFR). He included the financial accomplishments and  
projects that were completed in the past year, addressed the effects of the  
COVID-19 pandemic, and detailed the breakdown of a tax dollar. In closing, he  
made mention that both reports were available for viewing on the Clerk's website,  
The Commissioners stated their appreciation for Mr. Smith for providing the reports  
as a service to the community.  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to accept the Comprehensive Annual Financial Report (CAFR) and the Popular  
Annual Financial Report (PAFR). The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
8.G.  
8.H.  
Annual Financial Report  
Approved  
Annual HUD Grant Renewals for Continuum of Care (CoC)Programs  
Attachments: Staff Report  
Approved staff's recommendation  
8.I.  
Resolution Formally Designating A Portion of Certain County Owned Property as  
Right-Of-Way  
Attachments: Staff Report  
Approved Resolution 2021-026, formally designating certain County owned  
property for 58th Avenue and 37th Street right-of-way, and directing the Property  
Appraiser to cut out the property designated as right-of-way from the parent  
parcel.  
8.J.  
Resolution Restructuring the Agriculture Advisory Committee  
Attachments: Staff Report  
Commissioner Moss inquired about the proposed restructuring of the Agriculture  
Advisory Committee. Commissioner Adams offered clarification, making note that  
she felt confident with the changes.  
A motion was made by Commissioner Adams, seconded by Chairman Flescher,  
to approve Resolution 2021-027, restructuring the membership of the Indian River  
County Agriculture Advisory Committee. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
8.K.  
8.L.  
Indian River County Subaward and Grant Agreement for Hurricane Isaias  
Attachments: Staff Report  
Approved staff's recommendation  
CARES Act Amendments Designation of Authority  
Attachments: Staff Report  
Vice Chairman O'Bryan offered clarification that County Administrator Jason Brown  
would only be approving modifications that did not alter the dollar amount previously  
allocated.  
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  
8.M.  
8.N.  
Award of Bid 2021022 for Central WWTF RAS/WAS Pump Replacement  
Attachments: Staff Report  
Approved staff's recommendation  
Fourth of July Fireworks Funding  
Attachments: Staff Report  
Approved staff's recommendation  
8.O.  
West Wabasso Phase III Septic to Sewer Approval of SJRWMD Cost-Share  
Funding Agreement  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
Acceptance of Utility Easements and Limited Access Easements - Preston Estates  
(Located Within the Municipal Boundaries of the City of Vero Beach)  
Attachments: Staff Report  
Approved staff's recommendation  
8.Q.  
8.R.  
Emergency Replacement of Two 16-inch Water Valves: 58th Avenue at 4th Street  
Attachments: Staff Report  
Approved staff's recommendation  
Work Order No. 4, Donadio and Associates - IRC Traffic Operations Facility, (IRC  
2104)  
Attachments: Staff Report  
Approved staff's recommendation  
8.S.  
Amendment No. 18 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  
Attachments: Staff Report  
Approved staff's recommendation  
8.T.  
66th Avenue Phase IB - Amendment No. 9 (IRC-1505)  
Attachments: Staff Report  
Approved staff's recommendation  
8.U.  
Award of Bid No. 2021025, Round Island Emergency Beach Access (IRC-1927)  
Attachments: Staff Report  
Approved staff's recommendation  
8.V.  
Town of Indian River Shores Utility Feasibility Study  
Attachments: Staff Report  
Vice Chairman O'Bryan invited legal input from County Attorney Dylan Reingold  
prior to a vote by the Commission. Attorney Reingold stated that County staff was  
approached by the Town of Indian River Shores (the Town) to discuss the possibility  
of the Town terminating a 2012 Franchise Agreement with the City of Vero Beach  
(the City). He pointed out a notice provision in the contract that stated the Town  
must notify the City in 2023, if they wished to explore a different source for receiving  
water, wastewater, and reclaimed water utility services. Attorney Reingold cited  
comparable situations which led him to believe it was not a problem for the Town to  
move forward with the utility feasibility study. He also referred to a letter dated  
March 24, 2021, from Vero Beach City Manager Monte Falls that included an 1989  
Territorial Agreement between the City and the County, and he provided the  
reasoning behind his opinion that the County could serve the Town at the end of the  
Town's 2012 Franchise Agreement with the City; he recommended that the Board  
authorize County staff to cooperate with the Town in their efforts to conduct the  
feasibility study.  
Mayor Brian Foley, Town of Indian River Shores, explained that the Town was  
interested in knowing the costs involved with disconnecting from City water and  
connecting with the County. He stated that the Town's outside counsel, Holland &  
Knight, would be providing a written opinion regarding the 1989 Territorial  
Agreement between the City and the County.  
City of Vero Beach Utilities Director Rob Bolton requested that the item be tabled  
until Mr. Falls could be present to speak.  
Under Board discussion, Commissioner Moss agreed with Mr. Bolton that the item  
should be tabled until Mr. Falls could speak before the Commission. She stated her  
opinion that the Board would be siding with the Town if they approved the item.  
Chairman Flescher disagreed and reminded Commissioner Moss that what was being  
presented was whether or not to allow County staff to cooperate with a feasibility  
study being conducted for the Town at the expense of the Town. Vice Chairman  
O'Bryan added his viewpoint that the County would be taking sides if they were to  
deny the cooperation of County staff to share information.  
For clarification purposes, Vice Chairman O'Bryan inquired and received  
confirmation from Attorney Reingold and County Administrator Jason Brown that the  
County had not previously been in litigation against the Town. Administrator Brown  
assured the Board that the County had not and would not engage in the reuse water  
rate dispute between the City and the Town, and he added that he did not feel the  
County would be taking sides if the item was approved to allow staff to cooperate  
with the Town to explore options. Commissioner Earman supported cooperation  
from County staff in assisting any of the municipalities within the County when needed.  
Commissioner Moss added that County staff time was a financial commitment, and if  
the request to allow staff to assist was approved by the Board, she was interested in  
knowing the number of hours that were spent on providing the requested feasibility  
study information. Chairman Flescher stated that the topic did not call for billable  
hours to be charted.  
Mr. Bolton again addressed the Board to discuss the 1989 Territorial Agreement  
between the County and the City.  
Mr. Foley revisited the podium to caution that the Town's outside counsel would be  
providing the County with a written analysis regarding anti-trust laws when two (2)  
parties exclude access of an essential facility to a third party. He reminded the Board  
that the topic being presented referred to cooperation with the Town in exploring their  
options, and he added that time was an issue as they were required to notify the City  
by October 2023, if they wished to terminate the franchise agreement.  
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:  
Nay:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and  
Commissioner Earman  
1 - Commissioner Moss  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
Chairman Flescher called for a recess at 10:35 a.m., and he reconvened the meeting  
at 10:44 a.m., with all members present.  
PROOF OF PUBLICATION OF ADVERTISEMENT FOR THE HEARING IS  
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD  
A. PUBLIC HEARINGS  
10.A.1.  
Tobacco 21 Ordinance  
Attachments: Staff Report  
Legal Intern Cassidy Brown referred to staff's memorandum dated March 17,  
2021, to provide background on the draft Tobacco 21 Ordinance. In response  
to direction by the Board on February 16, 2021, she stated that the Florida  
Statutes would not allow for exceptions to be made for military personnel age 18  
or older to purchase tobacco products or e-cigarettes.  
Chairman Flescher opened the public hearing.  
Kyleigh Savoie, Facilitator, Tobacco Free Partnership of Indian River County,  
thanked the Board and County staff for their assistance and consideration of the  
ordinance to put the health of children first.  
There being no other speakers, the Chairman closed the public hearing.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to adopt Ordinance 2021-008, amending Chapter 313  
(Merchandising of Tobacco Products) of the Code of Indian River County,  
related to the use of tobacco products and electronic cigarettes; to prohibit  
the sale and distribution of tobacco products and electronic cigarettes to  
persons under 21 years of age and providing for additional requirements for  
the sale of tobacco products and use of electronic cigarettes; providing for  
penalties; providing for conflict and severability; providing for codification;  
and providing for 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  
The Commissioners and County Attorney Dylan Reingold took time out to recognize  
Ms. Brown's performance during her internship with the County Attorney's office.  
B. PUBLIC DISCUSSION ITEMS  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
Update Regarding COVID-19 Vaccinations  
Attachments: Staff Report  
County Administrator Jason Brown provided a brief update regarding the County and  
State residents who had received or were wait-listed for the COVID-19 Vaccine.  
He pointed out that 85% of the County's 65+ population and 39.6% of the County's  
general population had been vaccinated, and Governor Ron DeSantis had recently  
added the age 16+ population to the eligible recipients for the Pfizer vaccine.  
Several members of the Board provided community feedback and spoke of their  
positive experiences when visiting or being vaccinated at the Indian River County  
Fairgrounds. They also discussed the vaccination supply versus demand, and along  
with Administrator Brown, they offered words of praise for the staff at the Health  
Department, the County's Parks and Recreation Department, Emergency Services  
Director Tad Stone, and Treasure Coast Community Health CEO Vicki Soule, for  
their extensive work during the COVID-19 pandemic.  
No Action Taken or Required  
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  
12.G.1.  
Research Review Phase of the IRC Lagoon Management Plan: Update 3  
Attachments: Staff Report  
Lagoon Plan Environmental Specialist Molly Klinepeter referred to a PowerPoint  
presentation and staff's memorandum dated March 22, 2021, to provide Update  
3 of the Research Review Phase of the Indian River County Lagoon Management  
Plan. Update 3 covered Hydrology and Hydrodynamics, Water Quality, Organic  
Material and Sediments, Marinas and Boat Ramps (Part 1), and Sustainability  
and Resiliency (Part 1).  
Following the Hydrology and Hydrodynamics portion of the presentation, the  
Commissioners commented on the changes to the Lagoon that had occurred over  
the past 120 years, noting that the Lagoon had been primarily freshwater. It was  
suggested that partnerships with the water control and drainage districts would be  
beneficial, as well as a recently disclosed visioning project by the Metropolitan  
Planning Organization (MPO).  
The Water Quality portion of the presentation brought Board discussion on muck  
and the effects of rainfall in the Lagoon. Vice Chairman O'Bryan added that he  
would like to see 100 rain gauges scattered throughout the County to get a better  
feel for the amount and location of rainfall. Commissioner Earman shared  
feedback he had received from local fishermen, with Commissioner Adams and  
Commissioner Moss in agreement that controlling the muck was necessary.  
Included in the topic on Materials and Sediments, Ms. Klinepeter offered muck  
control ideas such as muck dredging and muck capping. Chairman Flescher  
made mention of a past project which had brought concern over the smell  
associated with muck removal, yet the muck dried quickly and without an odor.  
Vice Chairman O'Bryan offered the following suggestions: 1) begin a pilot muck  
study, starting in the north area of the County near the Sebastian Inlet, 2) invite  
Dr. John Trefry, Professor of Ocean Engineering at the Florida Institute of  
Technology, to address the Board with a muck-related update, and 3) inquire  
with Brevard County regarding the results of their muck project. Commissioner  
Adams offered to assist staff, if needed, in putting together a grant application to  
help with funding for a muck map. Commissioner Moss noted that the County's  
newly-appointed Florida Inland Navigation District (FIND) representative may be  
able to provide funding guidance/assistance.  
While highlighting Marinas and Boat Ramps (Part 1), Ms. Klinepeter included a  
summary of the Clean Vessel Act, the Clean Boater Program, and the Clean  
Marina Program. Vice Chairman O'Bryan announced his eagerness for the next  
update to address the derelict or abandoned vessels and the pumping and  
dumping issue. He encouraged coordination with the Clean Water Coalition to  
get the Indian River County portion of the Lagoon designated as a "no discharge  
zone." Commissioner Moss made mention that the City of Very Beach had been  
working with Florida Fish and Wildlife Conservation Commission (FWC)  
regarding the derelict vessels.  
With regard to Resiliency and Sustainability (Part 1), Ms. Klinepeter informed the  
Board of the Florida Resilient Coastlines Program, a collaboration with Federal,  
State and Local agencies to ensure resiliency and to prepare for the effects of  
climate change. Vice Chairman O'Bryan used the living shoreline/wave-breaker  
at Jones' Pier as an example of a collaborative effort.  
Ms. Klinepeter announced that Update 4 would include Marinas and Boat Ramps  
(Part 2), Septic Systems, Stormwater, Sustainability and Resiliency (Part 2), and  
Water Consumption. Each Commissioner stated their appreciation for staff's  
informative Update 3. The consensus of the Board was to continue to support  
staff, noting agreement that changes were necessary to avoid further damaging the  
Lagoon.  
No Action Taken or Required  
12.G.2.  
Award of Bid No. 2021018, Construction of 66th Avenue Roadway Widening  
(49th Street to 69th Street), IRC-1505, FDOT FM 436379-1-54-01 &  
436379-1-54-02  
Attachments: Staff Report  
Public Works Director Rich Szpyrka referred to staff's memorandum dated  
March 15, 2021, to present the Board with the details that surrounded Bid No.  
2021018 for construction of the 66th Avenue Roadway Widening from 49th  
Street to 69th Street. He pointed out the closeness between the lowest four (4)  
bids.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Construction Board of Adjustment and Appeals Member Appointment  
Attachments: Staff Report  
County Attorney Dylan Reingold presented the Board with candidate Franklin Jake  
Jandreau, who had applied to fill the unexpired term vacancy for the "Plumbing  
Contractor" representative to the Construction Board of Adjustment and Appeals.  
A motion was made by Commissioner Adams, seconded by Commissioner Moss,  
to appoint Franklin Jake Jandreau to fill the unexpired term vacancy, a term that  
expires in January 2024, for the "Plumbing Contractor" representative to the  
Construction Board of Adjustment and Appeals. 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, Chairman Flescher adjourned the meeting at 12:10  
p.m.