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, April 20, 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 Nicole Eastwood, Our Savior Lutheran Church

3. PLEDGE OF ALLEGIANCE

Commissioner Peter D. O’Bryan, Vice Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Moved: 15.A. Emergency Services District items to follow the 8.A. Consent Agenda

items.

A motion was made by Commissioner Adams, 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

21-0450

5.A.

Presentation of Proclamation Designating the Jackie Robinson Training Complex as

the Official Training Facility of the USA Softball National Teams

Attachments: JRTC Proclamation

Assistant County Administrator Michael Zito introduced the recipients of the

Proclamation: from the Jackie Robinson Training Complex, Managing Director

Rachelle Madrigal and Coordinator of Marketing and Retail Amanda Bracken; from

Team USA Softball, CEO Craig Cress, President Rodney Cobb, Communications

Manager Morgan Palmer, and Athlete Haylie McCleney.

Commissioner Earman read and presented the Proclamation to the U.S. Women's

National softball team representatives, who stated their appreciation for the County's

partnership with Major League Baseball.

Vice Chairman O'Bryan proudly announced that the U.S.Women's National softball

team was ranked No.1, and that he and Commissioner Earman had recently attended

one of their practices.

Read and Presented

21-0381

5.B.

Presentation of Proclamation Honoring Teddy Floyd on His Retirement from the

Indian River County Sheriff's Office

Attachments: Proclamation

(Clerk's Note: This item was heard following Item 5.D., and is placed here for

continuity.)

Chairman Flescher read and presented the Proclamation to retiring Sheriff's Office

Deputy Theodore "Teddy" Floyd, with his friends and coworkers in attendance for

the recognition. Teddy expressed how thankful he was for a long-lasting career in

Indian River County.

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

members of the Commission voiced their appreciation for Teddy, thanking him for

thirty years of service to the citizens of Indian River County.

Read and Presented

21-0282

5.C.

Presentation of Proclamation Designating April 18 Through April 25, 2021 as Crime

Victims' Rights Week

Attachments: Proclamation

Vice Chairman O'Bryan read and presented the Proclamation to Sheriff Eric Flowers,

who was present with representatives from Victim Services of Indian River County.

Sheriff Flowers announced an event to be held at Veterans Memorial Island

Sanctuary on April 22, 2021, to recognize and remember individuals who lost their

lives due to an act of crime.

Read and Presented

21-0414

5.D.

Presentation of Proclamation Designating the Week of April 18 Through 24, 2021 As

National Volunteer Appreciation Week

Attachments: Proclamation

Commissioner Adams read and presented the Proclamation to Sheriff Eric Flowers,

who stated appreciation for the large number of volunteers who were assisting in

many areas of operation at the Sheriff's office. He made mention of the tax dollars

that were saved annually due to the generosity of individuals who were giving of their

time.

Read and Presented

6. APPROVAL OF MINUTES

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

to approve the Regular Meeting Minutes of February 9, 2021, and February 16,

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

21-0434

6.A.

6.B.

Regular Meeting of February 9, 2021

Attachments: 02092021BCC_Draft

Approved

21-0438

Regular Meeting of February 16, 2021

Attachments: 02162021BCC_Draft

Approved

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

21-0413

7.A.

2nd Quarter FY 2020/2021 Budget Report

Attachments: Staff Report

2nd Quarter Budget Report

Vice Chairman O'Bryan pointed out a 14% decrease in tourist tax revenue through

February 2021, as compared to the prior year. Office of Management and Budget

Director Kristin Daniels stated that the next quarterly report on tourist tax revenue

would provide a more accurate comparison.

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

21-0412

21-0417

8.A.

8.B.

Rejection of Bids for 2021010 - JRTC Ticket Office Building Renovations

(IRC-2020)

Attachments: Staff Report

Approved staff's recommendation

Request to Approve the Community Development Block Grant (CDBG) Third Set of

Housing Rehabilitation Bids (3 Bids) for the County's Housing Rehabilitation CDBG

Attachments: Staff Report

Bid Tabulation

Part 2 Section H(3) of the IRC HAP

Approved staff's recommendation

21-0419

8.C.

Amendment No. 1 to Work Order No. 1, Atkins North America, Inc.6th Avenue

Milling & Resurfacing from US 1 to 21st Street IRC-1638

Attachments: Staff Report

Amendment No. 1 to Work Order No. 1

EXHIBIT A

Approved staff's recommendation

21-0424

8.D.

Approval of FWC Grant for Indian River County Derelict Vessel Removal Project

Attachments: Staff Report

FWC Grant Agreement No. 20318

FWC 20318 GrantForm

IRC DV Removal Maps

Approved staff's recommendation

21-0426

8.E.

Approval of Work Order No. AACE-1 With Andersen Andre Consulting Engineers,

Inc. for Construction Testing Services for Moorhen Marsh Low Energy Aquatic Plant

System

Attachments: Staff Report

Work Order AACE-1

Exhibit A - Andersen Andre

Approved staff's recommendation

21-0420

8.F.

Modification #1 to Subgrant Agreement (EMPA) between the Florida Division of

Emergency Management and Indian River County Agreement Number A0090

Attachments: Staff Report

EMPA Agreement-Modification 1

Approved staff's recommendation

21-0423

21-0427

8.G.

8.H.

Request to Waive Bid Process for Caustic Soda Chemicals

Attachments: Staff Report

Approved staff's recommendation

South County Reverse Osmosis Water Treatment Plant Part A Supervisory Control

and Data Acquisition System Upgrades, Kimley-Horn and Associates Work Order 4

Attachments: Staff Report

Work Order No 4 with KHA dated March 2021

Approved staff's recommendation

21-0429

8.I.

Change Order to Boromei Construction, Inc., for Data Flow System antenna and

Tower Replacement

Attachments: Staff Report

Change Order to Proposal

Approved staff's recommendation

21-0416

10.A.1.

Public Hearing Regarding Florida Power & Light Company’s Request for Major

Site Plan and Special Exception Use Approval for a Private Heavy Utility (FPL

Grove Solar Energy Center) [SP-SE-21-02-04 / 2020090097-88553]

(QUASI-JUDICIAL)

Attachments: Staff Report

Location Map

Extended Roadway Grid Network Exhibit

Aerial

Site Plan

Chairman Flescher introduced the involved parties as Indian River County and

Florida Power & Light Company (FPL).

Each Commissioner, as requested by the Chairman, disclosed ex parte

communications, site visits, or independent investigations. They also affirmed that

they have an open mind and can base their decisions on the evidence presented

and the applicable law. The Deputy Clerk administered the Oath to all persons

who wished to speak at the hearing.

Chairman Flescher opened the public hearing.

Senior Planner John Stoll utilized staff's memorandum dated April 9, 2021, and a

PowerPoint presentation to provide the special exception process, location maps,

site plans, vehicular access plan and landscape plan, related to FPL's request for

a major site plan and special exception use approval for a Private Heavy Utility

(FPL Grove Solar Energy Center). He stated that the Planning and Zoning

Commission recommended that the Board approve the major site plan and

special exception use request with the conditions recommended by staff and

accepted by the applicant.

Bart Gaetjens, Area External Affairs Manager with FPL, was present with Mr.

Christopher Fries, Project Director of Development with FPL, who provided

statistics regarding solar energy within the County and the State, and relayed that

upon approval, the simple-to-install project could begin in May 2021.

Vice Chairman O'Bryan inquired about the possibility of cattle grazing on the land.

Mr. Fries stated that cost would prohibit them from increasing the elevation of the

solar panels. Commissioner Earman was impressed by the simplicity of the

project. Chairman Flescher received confirmation from Mr. Fries that the solar

panels included an anti-glare coating. Commissioner Moss announced that this

would be the County's fourth solar energy generated facility constructed by FPL.

County resident Dave Brown inquired about the solar panels' resilience during a

hurricane. Mr. Fries replied that the panels were built to the building code of the

area they were to be located.

21-0418

10.A.2.

Public Hearing Regarding Sunnyside Up 1, LLC's Request to Rezone +/-40.25

Acres From PDTND to RM-8 (RZON-2008050077-88741) -

QUASI-JUDICIAL

Attachments: Staff Report

Summary Page

Rezoning Application

Draft Minutes 3/11/2021 PZC

Ordinance No.2003-001

Ordinance No.2009-020

Ordinance No.2011-010

Section 911.08(4) Table of Uses

Section 902.12(3) Standards of Review

Ordinance

Chairman Flescher introduced the involved parties as Sunnyside Up 1, LLC, and

Indian River County.

Each Commissioner, as requested by the Chairman, disclosed ex parte

communications, site visits, or independent investigations. They also affirmed that

they have an open mind and can base they decisions on the evidence presented

and the applicable law. The Deputy Clerk administered the Oath to all persons

who wished to speak at the hearing.

Chairman Flescher opened the public hearing.

Long Range Planner Matt Kalap referred to staff's memorandum dated April 12,

2021, and a PowerPoint presentation to provide the specifics of a rezoning

request by Sunnyside Up 1, LLC, for ± 40.25 acres, located between 58th and

66th Avenue, north of the Indian River Mall and south of 26th Street, from

PDTND, Planned Development Traditional Neighborhood Design, to RM-8,

Multiple Family Residential District (up to 8 units per acre). He included the

zoning history, stating that the parcel was rezoned from RM-8 to PDTND in

January 2009, and would revert back to RM-8 in the year 2029, if construction

on the PDTND did not occur. Mr. Kalap pointed out the proposed rezoning

would reduce the number of residential units from 354 to 322 and eliminate

32,000 square feet of commercial/retail development on the property. He

discussed the comments and concerns that were voiced at the March 11, 2021

Planning and Zoning Commission (PZC) public hearing, and added that the

recommendation for the Board to approve the rezoning request was agreed upon

by County staff.

Long Range Planning Chief Bill Schutt added comments regarding the zoning of

neighboring communities.

Community Development Director Phil Matson stated that the proposed land use

was consistent with the density allowed in the context of the County's

Comprehensive Plan.

Under Board discussion, Vice Chairman O'Bryan and Commissioner Earman

inquired about the 26th Street right-of-way needs. County Administrator Jason

Brown responded that staff would address the roadway needs when a site plan

was received. Commissioner Moss referred to the PZC meeting minutes when

suggesting that staff should provide additional information to concerned citizens.

Director Matson recalled that many of the questions asked of staff could not be

answered until a site plan was submitted by the applicant. He added that the

concerned citizens did not initially understand the process, however they

appeared to be satisfied once they received clarification that the proposed

rezoning would eliminate 32,000 square feet of commercial area. Chief Schutt

provided Commissioner Moss with the process followed by staff to communicate

with nearby property owners. Commissioner Moss then inquired and received

clarification from Director Matson and Administrator Brown regarding the

wording included in staff's memorandum that cited "minor adverse impacts on

environmental quality". Lastly, Commissioner Moss requested feedback

regarding the schedule for road construction in the area of 26th Street. Director

Matson replied that the 26th Street roadway improvements were on the County's

radar and would require a transportation plan to be completed by the County's

Metropolitan Planning Organization (MPO). He reminded Commissioner Moss

that there was not yet a development plan from the applicant, only an application

to request rezoning.

Attorney Bruce Barkett, representing Sunnyside Up 1, LLC, spoke before the

Board to offer clarification regarding the rezoning request, making mention that

many of the questions asked of County staff were irrelevant and would be

addressed when a site plan was submitted.

Joseph Paladin, representing the Indian River Neighborhood Association, spoke

in support of the proposed rezoning.

Carla Blanchette, a Woodfield resident, stated her concern for the amount of

traffic RM-8 rezoning would create compared to RM-6, Single Family Residential

District (up to 6 units per acre). Vice Chairman O'Bryan explained the Bert J.

Harris Private Property Rights Protection Act, which was put in place to protect

property owners from government actions, including actions on an application or

permit, that would have a direct impact on them. He clarified that rezoning to

RM-6 would devalue the property and be considered a "taking" under State law.

Vice Chairman O'Bryan also assured Ms. Blanchette that County staff would

provide updates to all interested parties who had provided email addresses, and

that the majority of developments do not build out to the full capacity of their

zoning because of the requirements for open space and retention ponds for

drainage needs, which was confirmed by Director Matson.

Deborah Eschenbacher, a Woodfield resident, expressed dissatisfaction towards

the procedure followed by staff to notify nearby communities of the Commission

meeting. Commissioner Moss insisted that staff reach out to all persons who

provided email addresses to alert them of future meetings.

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

Vice Chairman O'Bryan reminded the public that the current zoning of the

property, PDTND, would have yielded more traffic than the proposed RM-8

rezoning. He also invited the Woodfield residents to remain engaged throughout

the process. Commissioner Earman concurred with the Vice Chairman.

In closing, Chairman Flescher pointed out that the unanswerable questions by

concerned citizens at the PZC meeting and at the Commissioner meeting would

be answered as the development process continued, and staff would be providing

future notifications via email.

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

Earman, to adopt Ordinance 2021-009, amending the zoning ordinance and

the accompanying zoning map for approximately ±40.25 acres located south

of and adjacent to 26th Street approximately ±775 feet east of 66th Avenue

and approximately ±700 feet west of 58th Avenue and north of the Indian

River Mall, from PDTND, Planned Development Traditional Neighborhood

Design, to RM-8, Multiple Family Residential District (up to 8 units per acre);

and providing codification, severability, and effective date. The motion

carried by the following vote:

5 -

Aye:

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

Commissioner Earman, and Commissioner Moss

Chairman Flescher called for a recess at 11:02 a.m., and he reconvened the meeting

at 11:16 a.m., with all members present.

21-0446

10.A.3.

Public Hearing Regarding North Sebastian Water and Sewer Project Phase 2

(Legislative)

Attachments: Staff Report

Assessment Area Map Water

Assessment Area Map Sewer

Resolution III with Water Assessment Roll - Exhibit A

DRAFT Temporary Construction Easement

Resolution to accept Utility Easement at Ruffner Lane

Director of Utility Services Vincent Burke utilized a PowerPoint presentation and

staff's memorandum dated April 20, 2021, to highlight the North Sebastian Water and

Sewer Phase 2 Project (the Project) area that included 196 benefiting properties

connecting to sewer and 161 parcels connecting to water, noting that some parcels

had previously been served by County water. He discussed funding and costs, a

detailed description of the Project, and broke down the estimated monthly cost to

property owners. Director Burke spoke of the Temporary Construction Easement

(TCE) for the purpose of doing improvements on private property. He also estimated

the costs to be associated with delayed connections in the event a property owner

waited to connect beyond the allowable 365 days. He delivered feedback from the

April 5, 2021 Project Meeting for Property Owners, including inquiries about

elevation challenges and prior property improvements, concern for Ruffner Lane, and

anticipation/support for the Project.

Support for the Project was also heard from the Board, with Vice Chairman O'Bryan

confirming with Director Burke that there would be no cost passed on to the property

owner for connecting to sewer as long as it was done within 365 days, which would

be an approximate savings of $4,000 to the property owner. Director Burke

discussed the timeline for the proposed project, noting that upon completion,

homeowners would have 90 days to either pay off the Project interest free, or opt for

the 10-year amortized schedule with payments estimated to begin at the latter part of

2022. He made mention of staff's willingness to work with the Tax Collector and the

Property Appraiser to possibly add the Project fees to the homeowner's property

taxes as a non-ad valorem assessment, which could spread out the payments longer

than the proposed 10-year schedule.

Chairman Flescher opened the public hearing.

David Scaravaglione, 13925 Ruffner Lane, addressed the Board to suggest the

County be responsible for maintaining Ruffner Lane after the construction was

complete. County Attorney Dylan Reingold and Commissioner Adams responded

about the option and process of dedicating a road to the County.

Jean Catchpole, representing the Indian River Neighborhood Association, spoke in

support of the Project.

Paul Fafeita, representing the Clean Water Coalition, added words of support for the

Project on behalf of himself and Dr. Duane DeFreese of the Indian River Lagoon

Council.

Tim Glover, representing the Friends of Saint Sebastian River, expressed support for

the Project.

Miguel Davila Duran, Contractor, addressed the Board.

Russell Herrmann, representing the Roseland United Methodist Church, spoke in

support of the Project.

Dennis Miller, who spoke on behalf of his mother, stated he was not opposed to the

Project, but he requested that the County lower the cost to the property owner and

remove the interest, if applicable. He added his opinion that there would be hidden

costs that property owners were not prepared for or made aware of. Director Burke

and Vice Chairman O'Bryan addressed Mr. Miller's concerns.

Cathy and Kip Kelso, Jr. discussed their concerns regarding the Project. Chairman

Flescher, Director Burke, and Attorney Reingold offered clarification.

Stanley Alter, 8046 140th Street, voiced his support for the Project, and he received

confirmation from Director Burke that photos of his landscaping would be taken in an

effort to restore the beautification after the work was done.

Katherine Wegel, 8060 142nd Street, thanked staff and the Commission for moving

the Project forward.

Joseph Paladin, representing the Indian River Neighborhood Association, offered

support for the Project.

Virginia Shelhamer provided, via the internet, her support of moving the Project

forward.

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

Commissioner Adams stated that the comments and concerns received by the Board

and County staff while working on the Project for the past several years had been

heard and addressed. She provided clarification regarding the cost, and she stated

the role of the Commission was to elevate the community.

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

to approve staff's recommendation and approve: 1) Resolution 2021-030,

confirming the special assessments in connection with 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;

and providing for special assessment liens to be made of record; and 2)

Resolution 2021-031, formally accepting an easement for utility purposes only,

over, across and under the private road right-of-way and adjacent platted 10'

easements abutting the private road of Ruffner Lane in the River Trees

Subdivision within unincorporated Indian River County, Florida. 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

12. DEPARTMENTAL MATTERS

A. Community Development

B. Emergency Services

C. General Services

D. Human Resources

E. Information Technology

21-0444

12.E.1.

County Websites, Domains, and Internet-Based Services

Attachments: Staff Report

Attachment 1 - County Websites

Attachment 2 - New Domain

Attachment 3 - Web Services

Information Technology Director Dan Russell introduced Webmaster Scott

Johnson, who used a PowerPoint presentation and staff's memorandum dated

April 12, 2021, to provide a detailed initial review of the requirements for

updating the County's website to a Content Management System (CMS) and

moving to a single website and a single .gov domain name. He pointed out the

County currently had 14 websites with different domain names across multiple

departments. Mr. Johnson presented several domain name options to the Board

for feedback. He also discussed the 3rd party web products and options that

could be included on an updated website.

Board discussion led to support for changing to the shortest, most simple single

domain name for the website, either indianriver.gov or indianriverfl.gov.

Regarding an updated website, Commissioner Earman stated he and members of

staff had researched all County websites within the State and felt that Martin

County's was the most impressive. He recognized the staff time that would be

involved in exploring and producing an updated website with useful tools. His

fellow Commissioners were supportive of the website changes.

A motion was made by Commissioner Earman, seconded by Commissioner

Adams, to direct staff to move forward with an updated website project to: 1)

2) consolidate websites and allow for departmental staff updates of web

content through a Content Management System (CMS); and 3) research web

services not currently being offered. The motion carried by the following

vote:

5 -

Aye:

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

Commissioner Earman, and Commissioner Moss

Chairman Flescher called for a recess at 1:12 p.m., and reconvened the meeting at

1:32 p.m., with all members present.

F. Office of Management and Budget

21-0415

12.F.1.

Property/Casualty Insurance 2021-22

Attachments: Staff Report

AJG Executive Summary

Management and Budget Director Kristin Daniels was joined by the County's

new Risk Manager Cynthia Stanton and Eric Connick, Area Senior Vice

President with Arthur J. Gallagher Risk Management Services, Inc. Director

Daniels highlighted the details regarding the 11% rate increase to the County's

Property and Casualty Insurance renewal. She spoke of the changes in coverage

selections and pointed out the annual broker fee of $175,000, included in the

renewal.

Commissioner Adams sought and received clarification from Director Daniels

regarding church parking liability.

The Board invited Ms. Stanton to the podium to welcome her to the County.

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

G. Public Works

21-0425

12.G.1.

Presentation of the Indian River County Beach Preservation Plan (2019 Update)

Attachments: Staff Report

Executive Summary 2019 BPP Update

Beach and Shores Committee Letter of Support

Natural Resources Manager Eric Charest utilized staff's memorandum dated April

5, 2021, and a PowerPoint presentation to highlight the 2019 Beach Preservation

Plan (BPP) Update, prepared by Stantec Consulting Services, Inc., which

provided future management strategy recommendations by Sector, cost estimates,

future program expenses and funding considerations. He pointed out the shoreline

changes from 2013 to 2019, noting that substantial storms occurred over the

period.

Chairman Flescher relayed that he had recently spoken to Mr. Mark Tripson, a

member of the Beach and Shore Preservation Advisory Committee, who fully

supported the BPP.

Under Board discussion, Vice Chairman O'Bryan, who was supportive of the

BPP, commented on the accretion of sand in Sectors 6 and 8, while Sector 7 was

critically eroded. He noted the breakwater effect of the offshore reefs was

providing relief, and was interested in seeing an aerial view of the hard bottom and

also vertical mapping to show the offshore ledges. He emphasized the importance

of vegetation for beach preservation and suggested an educational brochure be

placed in hotels to relay that Sargassum seaweed washes ashore and was critical

to beach protection and erosion protection. Commissioner Earman stated

appreciation for everyone involved in protecting the County's beaches. Chairman

Flescher spoke in support of exploring additional educational opportunities

regarding protection of the sand dunes. Commissioner Moss added that local

non-profit agencies may be able to assist in the funding of educational materials, if

needed.

County Administrator Jason Brown stated that staff was recently notified that the

State would be funding the $7 million Sector 3 Beach Restoration Project. In

addition, he confirmed that the County does not do Sargassum seaweed raking.

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

Earman, to approve the 2019 Beach Preservation Plan (BPP) Update. 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

21-0447

12.H.1.

North Sebastian Water and Sewer Project Phase 2, Award of Bid No. 2021019

Attachments: Staff Report

Construction Contract Recommendation of Award

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

April 13, 2021, to provide background on the bidding of the North Sebastian

Water and Sewer Project Phase 2. He addressed conflicting comments received

from references provided by Southern Underground Industries, Inc. (Southern

Underground) when they were contacted by the Engineer of Record, Masteller &

Moler, Inc (Masteller & Moler). He stated that Southern Underground was not

recommended for the award of bid; however, they filed a timely protest for

review by the Purchasing Manager, who then notified Southern Underground that

their protest had been denied. Director Burke recommended awarding the bid to

Centerline, Inc. (Centerline), and added he had witnessed their work while being

employed by Harbor Branch Oceanographic Institute, and Masteller & Moler

had been pleased with past project performance by Centerline as well.

Upon question by Vice Chairman O'Bryan, Purchasing Manager Jennifer Hyde

clarified the process that took place regarding Southern Underground, making

note that although responsive, they were deemed to not be responsible, which

allowed the County to award the bid to Centerline, the next lowest responsive,

responsible bidder. Vice Chairman O'Bryan, County Attorney Dylan Reingold

and Ms. Hyde discussed the fact that the County was not required to award the

bid to the lowest bidder if they were not deemed to be responsible/qualified to

perform the work. Commissioner Adams was comfortable with staff's

recommendation to award the bid to Centerline.

Frank D'Alessandro, Vice President of Southern Underground, was present via

zoom to voice his dissatisfaction that the County had considered hearsay opinions

of their qualifications that came from reference checking, and also the opinion of

Masteller & Moler when awarding the bid. He discussed the number of years in

business and years of experience for both Southern Underground and Centerline.

Via zoom, Mr. D'Alessandro displayed a letter from the City of Lake Worth

contradicting a prior negative reference, and a letter from Nielson, Hoover &

Company, Inc. to confirm their office provided surety credit in the amount of $25

million per single project for Southern Underground. He added his opinion that

the location proximity should not disqualify Southern Underground.

Chairman Flescher responded that Centerline was not located within the County,

and the decision was based on the lowest responsive and responsible bidder.

Attorney Reingold made it clear that Southern Underground was disqualified due

to being deemed not responsible.

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

Flescher, to uphold that the Purchasing Manager acted according to County

policy when denying the protest/appeal by Southern Underground, Inc.

5 -

Aye:

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

Commissioner Earman, and Commissioner Moss

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

Earman, to approve staff's recommendation to award the North County Water and

Sewer Project Phase 2 to Centerline, Inc. for $3,881,269.00. 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

21-0431

13.A.

Interlocal Agreement with City of Fellsmere for Contractor Licensing

Attachments: Staff Report

ILA - Contractor License (RL)

County Attorney Dylan Reingold utilized staff's memorandum dated April 8, 2021, in

presenting the draft interlocal agreement with the City of Fellsmere for contractor

licensing. He added that Fellsmere City Council would be considering the item on

May 6, 2021.

Commissioner Adams, Vice Chairman O'Bryan offered words of support for the

relationship between the County and the City of Fellsmere.

A motion was made by Commissioner Adams, seconded by Commissioner Moss,

to approve staff's recommendation. The motion carried by the following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

21-0442

13.B.

Approval of Developer's Agreement with Ryall Development Group, LLC for Liberty

Park Subdivision

Attachments: Staff Report

Developer's Agreement

County Attorney Dylan Reingold referred to staff's memorandum dated April 13,

2021, when highlighting the Developer's Agreement with Ryall Development Group,

LLC for the Liberty Park Subdivision. He thanked Public Works Director Rich

Szpyrka for his assistance.

Director Szpyrka offered confirmation that the Developer's Agreement was thorough

and would accommodate the needs of the County.

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

to approve staff's recommendation. The motion carried by the following vote:

Geohydrology - Updated Survey

21-0445

14.E.1.

Attachments: Commissioner's Memorandum

IRC 2030 Comp Plan Chapter 3D

Geohydrology Suvey & Report (1988)

Commissioner Moss provided background on the Indian River Soil and Water

Conservation District (IRSWCD) and discussed the April 12, 2021 meeting with

regard to updating the County’s geohydrology study from 1988. She continued

that the United States Geological Survey (USGS) agency would conduct the

survey at no cost to the County. She referred to the County’s 2030

Comprehensive Plan (Comp Plan) Chapter 3D, Natural Groundwater Aquifer

Recharge Sub-Element Policy 2.6: “By 2011, the County shall contact the

USGS and request an updated county-wide geohydrologic survey”.

Robert Adair, Vice Chairman of the IRSWCD, recalled the previous discussions

on the importance of updating the County’s geohydrologic survey by the USGS.

He stated that the USGS monitors wells to keep track of the flow rates of the

Florida aquifer. He emphasized the USGS survey would give the County the

ability to compare the changes that have occurred since 1988, noting the changes

to the landscape with the decline in the Citrus industry and the expanding urban

service area with private residences using the wells for domestic water supply.

He pointed out there were 1,520 permitted wells in the St. Johns River Water

Management District (the District), and approximately 33,000 private wells used

for domestic water supply. He stated that it specified in the County’s Comp Plan

to protect the water quality, preserve the water quantity, and conserve the water

supply. He added that County funds may be required and could be cost shared

with the District. He asked the Board to consider the request for a geohydrologic

survey.

The Board sought and received information from Mr. Adair on the monitoring of

wells and the survey. Commissioner Earman understood the need for an updated

county-wide geohydrologic survey, but he questioned the urgency and the

process in which the request was presented to the Board. Commissioner Moss

confirmed that her request followed the recent IRSWCD meeting and she again

read from the Comp Plan regarding the schedule for contacting the USGS for

geohydrologic surveys.

County Administrator Jason Brown was agreeable to the request for an updated

geohydrologic survey, and stated that it was necessary to know the costs

involved.

Utility Services Director Vincent Burke stated for the record that he had a

scheduling conflict with the City of Sebastian and was unable to attend the recent

IRSWCD meeting. He indicated the District was working on the Regional Water

Supply Plan (the Plan) to update the surficial groundwater level as well as the

water use throughout the east central water area. He mentioned that the County

had been in contact with the USGS for the survey, but for the water use and types

of users, the District had continued to provide updates. He recommended waiting

for the District’s Plan to look at the water use, and then suggested scheduling a

Town Hall meeting to go over the results of the analysis and summary of findings.

Staff could then decide whether or not the County would need to look at other

surface water, desalination, or deeper wells for the water uses for now and for the

next 20 years.

Commissioner Adams reiterated Commissioner Earman’s comments and

provided a synopsis of what happened at the IRSWCD meeting. She responded

that there needed to be additional information on the costs, timing, etc., before she

felt comfortable moving forward with a geohydrologic survey. She also agreed

with Director Burke’s suggestion to look from a regional level and at the District’s

summary of findings.

Commissioner Moss invited members from the IRSWCD and the District to

address the Board.

Mr. Lex Kromhout recalled the IRSWCD meeting, noting the intent of the

presentation was to recommend a hydrology study to see what was under the

County in terms of water availability. He spoke of a summary provided by Mr.

Mike Zeigler on the consequences of adding more wells and further impacting the

land owners and current well users in the area. He felt the future of the County’s

water needs were highly dependent on the Board’s outlook of the County’s water

sources.

Vice Chairman O’Bryan spoke of the concerns and suggestions he had after

attending the IRSWCD meeting. He suspected, based on comments he had

heard, over-permitting of wells by the District was happening in certain areas

which could result in a large expense to the residents of Indian River County. He

was in agreement with Commissioner Earman that the geohydrologic survey could

be done if it was not a large expense to the County.

Chairman Flescher was equally concerned that the District was writing permits

and not doing the well monitoring they were responsible for. He did not support

spending taxpayer dollars on the geohydrologic survey.

Dr. David Cox, Board Member of the IRSWCD, requested an open and

embracing approach to the water issue in order to be productive. He was hopeful

that the cost associated with a study by the USGS would be minimal so that

together with the Plan by the District, there would be detailed and valuable

information for moving forward.

County Attorney Dylan Reingold was appreciative of Dr. Cox's request that all

parties take an open approach in finding a solution; however, he expressed

confusion due to a person approaching him prior to the discussion to question the

integrity of the work being done by Director Burke with regard to the item. Dr.

Cox did not have a response related to Attorney Reingold's concern.

Director Burke clarified the Comp Plan requirements regarding water updates per

the Florida Statutes, and he stated that the District was working on the Plan which

was required of the District and expected to be completed in approximately

30-60 days.

Jim Andersen, Principle Hydrogeologist, JLA Geosciences, discussed the aquifer

in the area which is unique and "a precious gem". He was in full support of a

study by the USGS for the highest and best use of fresh water resources.

Vice Chairman O'Bryan inquired and received confirmation from Mr. Andersen

that the District would make the determination as to the highest and best use of

fresh water resources.

Commissioner Earman received input from Mr. Andersen on the detailed process

of getting results from the USGS. The Commissioner objected to paying a large

sum of money and possibly waiting a long time for those results. He was anxious

to hear the information included in the Plan from the District.

Director Burke stated it was staff's recommendation to work concurrently in

getting the costs and the scope of the study from the USGS, while learning the

results of the Plan from the District when received in 30-60 days. He stated that

staff would inform the Board when the Plan was received.

The consensus of the Board was to direct staff to: 1) wait for St. John's River

Water Management District to release their study, then return to the Board to

discuss; and 2) reach out to the U.S. Geological Survey to obtain the

proposed cost and timing of a geohydrology study.

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

(Clerk's Note: The Emergency Services District items were heard following the

Consent Agenda items, and are placed here for continuity.)

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.

21-0373

21-0435

15.A.1.

15.A.2.

Approval of Meeting Minutes February 02, 2021

Attachments: 02022021ESD_Draft

Approved

Approval of Minutes Meeting of February 9, 2021

Attachments: 02092021ESD_Draft

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

Earman, to approve the Meeting Minutes of February 2, 2021, and February 9,

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

21-0421

15.A.3.

Sole Source Purchase of Eleven (11) Stryker CR2 AED Defibrillators

Attachments: Staff Report

STRYKER QUOTE 10268905

There was no discussion on this item.

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

to approve staff's recommendation. The motion carried by the following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

21-0428

15.A.4.

Sole Source Purchase of Eight (8) Stryker Lifepak 15 v4 Cardiac Monitors

Attachments: Staff Report

Stryker Lifepak Quote

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

B. Solid Waste Disposal 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.

21-0436

21-0439

15.B.1.

15.B.2.

Approval of Minutes Meeting of February 9, 2021

Attachments: 02092021SWDD_Draft

Approved

Approval of Minutes Meeting of February 16, 2021

Attachments: 02162021SWDD_Draft

A motion was made by Commissioner Adams, seconded by Commissioner

Earman, to approve the Meeting Minutes of February 9, 2021, and February 16,

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

21-0448

15.B.3.

Final Pay to Geosyntec for Work Order No. 6 - Permit Compliance Monitoring and

Reporting - Indian River County Landfill

Attachments: Staff Report

Geosyntec Project Completion Report

There was no discussion on this item.

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

21-0449

15.B.4.

Request to Expand SWDD Recycling Education Services

Attachments: Staff Report

SWDD Recycling Activities

Solid Waste Disposal District (SWDD) Managing Director Himanshu Mehta

requested approval to expand SWDD's in-house recycling educational efforts. He

noted that recycling rates had dropped, and his department needed an additional staff

member and resources to meet their goal of expanding recycling in the County. He

referred to staff's memorandum of April 9, 2021, for more information on SWDD's

current efforts and a breakdown of the resources that could be added with increased

funding.

Commissioner Adams received confirmation that an expansion of the plastic recycling

program was planned as part of the new Household Hazardous Waste and Recycling

Transfer facility being constructed. Chairman Flescher voiced his support of SWDD's

recycling plan. Upon question by Vice Chairman O'Bryan, County Administrator

Jason Brown advised that SWDD sought the Board's approval of their plans, and did

not need to approve specific dollar amounts at this time.

A motion was made by Commissioner Adams, 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

C. Environmental Control Board

16. ADJOURNMENT

There being no further business, Chairman Flescher adjourned the meeting at 4:23

p.m.