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, May 18, 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 Randy Fullerton, Glendale Baptist Church  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Deleted: Item 5.A. Proclamation Honoring Joel V. Herman on His Retirement  
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  
5.A.  
5.B.  
Presentation of Proclamation Honoring Joel V. Herman on His Retirement From  
Indian River County Board of County Commissioners Department of Veterans  
Services with Twenty-One Years of Service  
Attachments: Proclamation  
Deleted  
Presentation of Proclamation Honoring Stephen Lopolito on His Retirement From  
Indian River County Board of County Commissioners Information Technology  
Department with Twenty Years of Service  
Attachments: Proclamation  
Vice Chairman O'Bryan read and presented the Proclamation to Mr. Lopolito who  
recalled his hiring-day prediction that he would work for the County until he retired.  
He praised several of his coworkers in the Information Technology Department and  
gave thanks for the support of his family.  
County Administrator Jason Brown described Mr. Lopolito as one of the best known  
and best liked County employees, and thanked him for his service.  
Read and Presented  
5.C.  
Presentation of Proclamation Honoring Jeffrey C. Maasch for His Retirement from the  
Indian River County Property Appraiser's Office with 37 Years of Continuous  
Service  
Wesley Davis, Indian River County Property Appraiser, read and presented the  
Proclamation to Mr. Maasch who recounted his involvement in initiating the Property  
Appraiser's project of digitally mapping all properties in the County. The  
Commissioners and Mr. Davis complemented him on his long career.  
Read and Presented  
5.D.  
Presentation of Proclamation in Recognition of Memorial Day, 2021  
Attachments: Proclamation  
Chairman Flescher read and presented the Proclamation to representatives from the  
Veterans Council of Indian River County. Council Chairman Colonel Marty Zickert,  
along with fellow Council members, described the events planned in honor of  
Memorial Day and relayed plans to create a memorial for World War I veterans.  
Veteran Rob Medina, Director of Community and Military Relations for U.S.  
Congressman Bill Posey, offered praise for the Veterans Council of Indian River  
County.  
Read and Presented  
6. APPROVAL OF MINUTES  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve the Special Call Meeting Minutes of February 18, 2021, and  
the Regular Meeting Minutes of March 2, 2021 and March 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  
6.A.  
6.B.  
6.C.  
Special Call Meeting of February 18, 2021  
Approved  
Regular Meeting of March 2, 2021  
Approved  
Regular Meeting Minutes of March 09, 2021  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Indian River County Code Chapter 309, Fair Housing - Annual Report  
Attachments: Annual Report  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve the Consent Agenda as amended, pulling Item 8.J. 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.  
Resolutions Delegating the Authority to the County Administrator or his Designee to  
Call Letters of Credit and to Act on Behalf of Indian River County during the Time  
Frames of July 14, 2021, through and including August 16, 2021; and August 18,  
2021, through and including September 13, 2021  
Attachments: Staff Report  
Approved 1) Resolution 2021-034, delegating authority to the County  
Administrator or his designee, to execute Resolutions calling Letters of Credit as  
necessary during the period commencing July 14, 2021, through and including  
August 16, 2021, and further delegating to the County Administrator or his  
designee, the authority to execute all documents necessary to the proper  
functioning of the County during the period commencing July 14, 2021, through  
and including August 16, 2021; and 2) Resolution 2021-035, delegating authority to  
the County Administrator or his designee, to execute Resolutions calling Letters  
of Credit as necessary during the period commencing August 18, 2021, through  
and including September 13, 2021, and further delegating to the County  
Administrator or his designee, the authority to execute all documents necessary  
to the proper functioning of the County during the period commencing August 18,  
2021, through and including September 13, 2021.  
8.B.  
2021/22 FIND Waterways Assistance Program Grant Application, Resolution and  
Third Modification of Lease for Replacement of the Environmental Learning Center  
Main Dock  
Attachments: Staff Report  
Approved Resolution 2021-036, authorizing application for the Florida Inland  
Navigation District Waterways Assistance Program for the Environmental  
Learning Center main dock replacement project; and providing for an effective  
date.  
8.C.  
Revision to Administrative Policy Manual - Approval of Revision to AM-903.2  
Cellular Device and Stipend Policy  
Attachments: Staff Report  
Approved staff's recommendation  
8.D.  
8.E.  
Authorization to Increase Blanket Purchase Order  
Attachments: Staff Report  
Approved staff's recommendation  
Renewal and Amendment No. 1 to Agreement for Continuing Engineering  
Services-RFQ No. 2018008 (IRC-2102)  
Attachments: Staff Report  
Approved staff's recommendation  
8.F.  
8.G.  
8.H.  
Amendment No. 2 - FDEP Grant Agreement No. 17IR2, Wabasso Beach  
Restoration Project, Sector 3  
Attachments: Staff Report  
Approved staff's recommendation  
West Regional Wastewater Treatment Facility Oxidation Ditch and Bridge Structural  
Improvements Work Order #4 Phase 1  
Attachments: Staff Report  
Approved staff's recommendation  
Shadow Brook Subdivision Water Assessment Project, Resolution IV: Final  
Assessment Roll  
Attachments: Staff Report  
Approved Resolution 2020-037, certifying "as-built" costs in connection with a  
special assessment project for a water main extension from 58th Avenue to 34th  
Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and  
certain specially benefited properties abutting 34th Street, 58th Court and 34th  
Lane, located within unincorporated Indian River County, Florida; providing for  
formal completion date, and date for payment without penalty and interest.  
8.I.  
Work Order No. 10 for Masteller & Moler, Inc., North Sebastian Water and Sewer  
Project Phase 2 - Construction Services  
Attachments: Staff Report  
Approved staff's recommendation  
8.J.  
Broadband Feasibility Study Proposal - Magellan Advisors  
Attachments: Staff Report  
Commissioner Adams made note of the efforts being made to provide broadband  
service throughout the County.  
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  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from Rachel Ekeroth re: Florida Housing Finance Corporation  
Median Income Guidelines for Indian River County  
[Clerk's Note: This item was heard following the recess due to technical  
difficulties.]  
Rachel Ekeroth, 300 Turtle Run Drive, addressed the Board regarding the Florida  
Housing Finance Corporation (FHFC) Median Income Guidelines for Indian  
River County. She noted that the FHFC calculated affordable housing rental  
rates based on the County's $77,000 median income, which raised the rent ceiling  
and opened the door to large increases. Ms. Ekeroth then related her personal  
experience facing a rent increase in her affordable housing community. She was  
seeking information on available rent assistance, as well as legislative help in  
getting the FHFC to modify the affordable housing guidelines in light of the  
County's large income disparity.  
The Commissioners received confirmation that Ms. Ekeroth had since been able  
to secure a Section 8 housing voucher; she was advocating for assistance for her  
neighbors. Phil Matson, Community Development Director, discussed the need  
for both short and long term solutions for affordable housing in the County. He  
advised that Section 8 vouchers were supplied by HUD in limited quantities, but  
that there was still rental assistance available from the CARES Act. He suggested  
additional promotional efforts to inform residents.  
Commissioner Adams shared that her restaurant's employees had difficulty finding  
affordable housing, and invited Commissioner Moss to assist in formulating  
legislative changes to median income calculations as a long term solution. The  
Board directed Ms. Ekeroth to contact Mr. Matson for assistance navigating  
through the rental assistance programs.  
The Board directed Commissioner Moss to look into Legislative changes that  
would make affordable housing thresholds more fairly assessed; and directed  
Community Development Director Phil Matson to follow up with Ms. Ekeroth  
in finding assistance programs to help low or fixed income residents who  
faced housing cost increases.  
C. PUBLIC NOTICE ITEMS  
11. COUNTY ADMINISTRATOR MATTERS  
11.A.  
Request for Executive Session - Teamsters Local 769 and IAFF Local 2201  
Attachments: Staff Report  
Chairman Flescher announced the Executive Session would follow the regular Board  
meeting.  
No Action Taken or Required  
11.B.  
American Rescue Plan Act of 2021 - Non-Profit Assistance Grant and Down  
Payment & Rehabilitation Assistance Program Proposals  
County Administrator Jason Brown recalled that at the April 13, 2021 Commission  
meeting, staff was instructed to return to the Board with details regarding the  
allocation of American Rescue Plan (ARP) Act funds for non-profit organizations, and  
housing assistance programs.  
Administrator Brown reported that staff calculated 80 non-profit entities which had  
done business with the United Way or Indian River County over the past ten years.  
He reviewed the previously discussed criteria for receiving the $10,000 grant awards,  
and sought the Board's input on finalizing the requirements. Staff also recommended  
utilization of the Small Business Development Center's offer to process the  
applications at no cost.  
Next, Administrator Brown discussed the housing assistance programs which were  
recommended to receive ARP funds. The County's Supplemental Housing Assistance  
Rehab and Purchase (SHARP) program would adopt similar criteria as the State  
Housing Initiatives Partnership (SHIP) Program, but with higher levels of assistance  
and without the repayment requirement. He then referred to staff's memorandum  
dated May 11, 2021, to discuss the five (5) additional recommended housing  
assistance programs to be funded by ARP: Low Income Housing Tax Credit  
Assistance Program, Accessory Dwelling Unit Program, Non-Profit Housing  
Community Rehab Program, Non-Profit Housing Construction Program, and Gifford  
Gardens Redevelopment.  
Following discussion, the Commissioners made the following recommendations  
regarding criteria for the non-profits: eliminate the requirement for a CPA audit,  
minimize the requirements of the strategic plan report, allow entities to receive the full  
$10,000 grant regardless of previously received CARES Act funds, and eliminate the  
location restriction while still prohibiting entities from "double-dipping" by receiving  
ARP funds from both their municipality and the County.  
The Board had no modifications to staff's recommendation for the housing assistance  
programs.  
Jeffrey R. Smith, Clerk of the Court and Comptroller, agreed with the prohibition  
against double-dipping, and offered the services of his internal auditor.  
Commissioner Moss received confirmation that there were still CARES Act funds  
available for rental assistance.  
Heather Stapleton, Vero Heritage Inc., thanked the Board for their support.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendations for housing assistance programs, and the  
Non-Profit Grant Assistance Program, with the following amendments: 1) remove  
the requirement for a Certified Public Accountant audit of financial statements; 2)  
minimize the scope of the strategic plan report; 3) allow entities which  
previously received CARES Act funds to receive American Rescue Plan Act  
grants; 4) allow eligibility for any entity that is headquartered in Indian River  
County, including all municipalities; and 5) ensure that entities do not "double  
dip" from both the County's and municipalities' American Rescue Plan Act funds.  
The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
The Chairman called for a recess at 10:10 a.m. and resumed the meeting at 10:23  
a.m. with all members present.  
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  
H. Utilities Services  
13. COUNTY ATTORNEY MATTERS  
13.A.  
County Attorney’s Annual Employment Agreement  
Attachments: Staff Report  
County Attorney Dylan Reingold presented the item for the Board's consideration.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the County Attorney's Annual Employment Agreement. 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  
14.E.1.  
IRC Administration Complex - Native Plant Garden Project  
Attachments: Memorandum  
Commissioner Moss referred back to her November 10, 2020 memorandum  
which first brought forward the idea of creating a native plant garden on the  
grounds of the County Administration buildings. She discussed her revised  
proposal which now included professional landscaping design services and grants  
to defray the cost to the County.  
Pelican Island Audubon Society President Dr. Richard Baker utilized PowerPoint  
slides to inform how the health of the Indian River Lagoon could be improved by  
replacing lawns with native plants, and the benefits of educating the community.  
His presentation used an overhead photo to detail the two suggested garden  
locations - one to the east and one to the west of Building A's main entrance. Dr.  
Baker closed his presentation with discussion of the landscape architect, and  
confirmation that the design, plants and installation would be at no cost to the  
County.  
Discussion ensued between Dr. Baker and the Commissioners regarding their  
concerns which included the appropriateness of using a place of business for this  
project; location of the plantings; symmetry; and attractiveness of the final  
product. Dr. Baker assured the Commissioners that the landscape architect was  
experienced in commercial design, and that the Board would have the opportunity  
to meet with her and approve the design prior to installation. The majority of  
Commissioners expressed a preference for the east lawn around the turtle statue,  
with Commissioner Earman suggesting an expansion to include the area around  
two palm trees near the front sidewalk. Commissioner Adams requested that Dr.  
Baker include a 6-month guarantee on the plants.  
Commissioner Moss suggested that having a plan in-hand may be a way to satisfy  
the Board's concerns regarding the appearance and professionalism of the  
landscaping.  
A motion was made by Commissioner Moss to have the Pelican Island  
Audubon Society return to the Board with a landscape plan for approval  
before committing to installation. The motion failed for lack of a second.  
Dr. Baker was in agreement with the suggestion to expand the east area beyond  
the turtle statue to include the two palm trees. Chairman Flescher noted that the  
Public Works Department would maintain the landscaped area after completion.  
County Attorney Dylan Reingold received confirmation that the landscape design  
plan would be brought back before the Board before implementation, and  
suggested drawing up an agreement between the County and the Pelican Island  
Audubon Society.  
Vice Chairman O'Bryan agreed with the Board's direction, but expressed  
skepticism regarding the amount of influence the garden project would have, and  
proposed an idea for future consideration. He suggested having the Audubon  
Society create sample buffer landscape designs utilizing native plants that could  
then be implemented by developers in their new communities. A brief discussion  
was had regarding the ideal location for the proposal, with agreement to revisit the  
idea at a future meeting.  
Joseph Paladin, Real Estate Developer, supported the idea of involving  
developers, noting that most were unaware of native plants and their benefits.  
Dr. Baker was also supportive of producing this concept, and agreed it would be  
impactful.  
A motion was made by Commissioner Earman, seconded by Chairman  
Flescher, to approve the Native Plant Garden Project proposal with the  
following amendments: 1) the planting would be located on the east side of  
Building A with an expansion to include the front two palm trees; 2) a design  
plan would be obtained for the west lawn area of Building A for future  
consideration; 3) the landscape design would be brought before the Board for  
approval before installation; 4) the Pelican Island Audubon Society would  
guarantee the plants for six (6) months following installation; and 5) the  
County Attorney would follow up with an agreement between the Pelican  
Island Audubon Society and Indian River County. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
15. SPECIAL DISTRICTS AND BOARDS  
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.  
A. Emergency Services District  
B. Solid Waste Disposal District  
15.B.1.  
CCNA-2018 Work Order No. 12 to Geosyntec for One Year of Groundwater  
Monitoring/Reporting and Related Consulting Services at the Former South  
Gifford Road Landfill  
Attachments: Staff Report  
There was no discussion regarding 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  
15.B.2.  
Amendment No. 2 to Landfill Gas Agreement with Indian River Eco District,  
LLC  
Attachments: Staff Report  
[Clerk's note: This item was heard following Item 15.B.3.]  
Solid Waste Disposal District Director Himanshu Mehta presented the second  
amendment to the July 16, 2019 agreement with Indian River Eco District  
(IRED), wherein IRED agreed to purchase the County's landfill-generated gas for  
conversion to Renewable Natural Gas (RNG). He informed that IRED was  
requesting an extension to the commencement date due to Covid-related delays  
of project equipment from their European manufacturer. While in discussion with  
staff, IRED expressed concern regarding the recent significant reductions in the  
volume of landfill gas which jeopardized their RNG production. Director Mehta  
expressed confidence that the landfill gas levels would return to normal once the  
stored leachate was removed.  
He continued on with details of the amended Landfill Gas Agreement, and  
referred to staff's memorandum dated May 11, 2021 for details regarding terms,  
modified milestones, incentives for expansion, maintenance and repair, payment  
agreements, gas flow levels and a financial analysis.  
A motion was made by Commissioner Earman, 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  
15.B.3.  
Request for Approval of a Leachate Treatment Project at the IRC Landfill  
Attachments: Staff Report  
Director of Utility Services Vincent Burke introduced the item to the Board noting  
that new environmental regulations would require the County to change the way it  
treated leachate (liquid that percolated through the landfill) from the current  
process of diluting it through the County's wastewater treatment facility.  
Himanshu Mehta, Solid Waste Disposal District Director, utilized a PowerPoint  
presentation which explained the environmental challenges of leachate treatment.  
He discussed two (2) possible long-term solutions to treating the leachate. The  
first was a previously-tested leachate evaporation system, created in conjunction  
with the Indian River Eco District (IRED) and Heartland Water Technology,  
which would be powered by landfill gas and natural gas. The second long-term  
solution involved converting IRED's deep injection wells to handle leachate; the  
cost and environmental feasibility of this option was still to be determined.  
Director Mehta's discussion then turned to the short-term problem caused by  
having the landfill's wells filled by concentrated leachate. He explained that the full  
wells were preventing the collection of landfill gas which SWDD had contracted  
to sell to IRED. A short-term solution to de-water the wells and send the  
leachate to another county for disposal was also brought forth for consideration.  
He closed the presentation with staff's recommendations.  
Under discussion, Commissioner Adams received confirmation of the critical  
nature of the problem, and expressed distaste for deep well injection and off-site  
disposal. Director Burke provided additional information regarding pending  
legislation and the implications for leachate disposal.  
Next, Alain Castro, IRED Managing Partner, presented information explaining the  
IRED and their business model. Upon query by Vice Chairman O'Bryan, Mr.  
Castro explained that the liquid leachate was preventing landfill gas from forming,  
and he projected it would take three (3) months to dewater the wells and restore  
gas production. Mr. Earl Jones, CEO of Heartland, described the environmental  
challenges of disposing of "forever chemicals" called PFAS, and discussed his  
company's qualifications to construct a leachate evaporation system which would  
work in conjunction with IRED's landfill gas management system.  
Commissioner Adams spoke in favor of creating a long term leachate evaporation  
system with IRED and Heartland, as well as the short-term solution of removing  
and disposing of the existing leachate at an off-site location. Vice Chairman  
O'Bryan received confirmation of a six-month timeline to create the leachate  
evaporation system. Chairman Flescher expressed support for an in-house,  
long-term solution to leachate processing.  
A motion was made by Commissioner Adams, seconded by Chairman  
Flescher, to direct staff to: 1) pursue contract negotiations with Indian River  
Eco District and Heartland Water Technology for a long-term leachate  
treatment project, with a final agreement to be brought back before the  
Board for approval within 60 days; and 2) pursue a short-term solution for  
leachate disposal with an Industrial Wastewater Treatment facility in Tampa,  
Florida. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
15.B.4.  
CCNA-2018 Work Order No. 11 to Geosyntec - Engineering and Permitting  
Services for Leachate Treatment Project  
Attachments: Staff Report  
There was no discussion regarding 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  
15.B.5.  
CCNA-2018 Work Order No. 42 to Kimley-Horn and Associates - Centrate to  
Leachate Tank Conversion  
Attachments: Staff Report  
There was no discussion regarding this item.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to approve staff's recommendation. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
C. Environmental Control Board  
316. ADJOURNMENT  
There being no further business, the meeting was adjourned at 1:26 p.m.