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, June 8, 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  
Leslie Rossway Swan, Supervisor of Elections  
3. PLEDGE OF ALLEGIANCE  
Commissioner Joseph H. Earman  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Prior to the meeting  
Moved: Items 8.R. and 8.S. to be heard with Items 12.H. Departmental Matters,  
Utility Services  
Deleted: Item 8.A.B., moved to the 6/15/2021 Agenda  
Canceled: Item 10.B.1. Public Discussion Item  
During the meeting  
Deleted: Item 14.E.2. Tourist Tax  
Moved: Item 13.C. to follow Item 15.A.1.  
Moved: Item 15.A.1. to follow Item 8. Consent Agenda  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, to approve the Agenda as amended. The motion carried by the  
following vote:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and  
Commissioner Earman  
1 - Commissioner Moss  
5. PROCLAMATIONS and PRESENTATIONS  
5.A.  
Presentation of Proclamation Honoring the Heroism of Gage Kepley  
Attachments: Proclamation  
Commissioner Adams read and presented the Proclamation to nine (9) year old Gage  
Kepley, who appeared before the Board with his family. Commissioner Earman and  
Chairman Flescher commended the heroic effort by the young Mr. Kepley, who  
acted quickly and calmly when rescuing his mother and two (2) siblings after their  
vehicle came to rest in a pond.  
Read and Presented  
6. APPROVAL OF MINUTES  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, to approve the Regular Meeting Minutes of March 16, 2021; Special Call  
Meeting Minutes of March 30, 2021; Regular Meeting Minutes of April 6, 2021; and  
Regular Meeting Minutes of April 13, 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.  
Regular Meeting of March 16, 2021  
Approved  
6.B.  
6.C.  
6.D.  
Special Call Meeting of March 30, 2021  
Approved  
Regular Meeting of April 6, 2021  
Approved  
Regular Meeting of April 13, 2021  
Approved  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Proclamation Honoring Diane Grabenbauer on Her Retirement From Indian River  
County Board of County Commissioners Department of Emergency Services/Fire  
Rescue with Twenty-Three Years of Service  
Attachments: Proclamation  
Chairman Flescher congratulated Ms. Diane Grabenbauer on her retirement.  
Commissioner Earman spoke of a time when Ms. Grabenbauer was a member of his  
crew, making mention that she did her job very well.  
No Action Taken or Required  
7.B.  
Proclamation Honoring Terry L. Atwood on His Retirement From Indian River  
County Board of County Commissioners Department of General Services / Library  
Services Division with Twelve Years of Service  
Attachments: Proclamation  
Chairman Flescher thanked Mr. Terry L. Atwood for twelve years of service to the  
County.  
No Action Taken or Required  
7.C.  
Florida Public Service Commission Order PSC-2021-0169-PCO-EI suspending  
FPL's requested permanent rate schedules.  
No Action Taken or Required  
7.D.  
Update on Brightline Trains Expenses  
Attachments: Staff Report  
No Action Taken or Required  
7.E.  
7.F.  
Indian River County Venue Event Calendar Review  
No Action Taken or Required  
Public Announcement for Hurricane Preparedness - Are You Ready?  
Attachments: Staff Report  
Commissioner Adams reminded the community that it was time to prepare for  
hurricane season.  
No Action Taken or Required  
8. CONSENT AGENDA  
A motion was made by Commissioner Adams, seconded by Chairman Flescher,  
to approve the Consent Agenda as amended, pulling Items 8.H., 8.J., and 8.K. 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.  
Checks and Electronic Payments April 23, 2021 to April 29, 2021  
Approved  
Checks and Electronic Payments April 30, 2021 to May 6, 2021  
Approved  
Checks and Electronic Payments May 7, 2021 to May 13, 2021  
Approved  
Checks and Electronic Payments May 14, 2021 to May 20, 2021  
Approved  
8.E.  
8.F.  
8.G.  
8.H.  
Checks and Electronic Payments May 21, 2021 to May 27, 2021  
Approved  
Quarterly OPEB Trust Report for Quarter Ending 03/31/2021  
Accepted  
Quarterly Investment Report for Quarter Ending 03/31/2021  
Accepted  
Quarterly Tourist Development Tax Report for Quarter Ending 03/31/2021  
Vice Chairman O'Bryan pulled the item to discuss the rebound of tourist development  
tax dollars.  
Clerk of the Circuit Court and Comptroller Jeffrey R. Smith pointed out that in  
February 2020, an agreement was entered into with VRBO for the collection of  
tourist development tax dollars. He felt that the agreement with VRBO and the  
increase to short term rental rates were relevant factors in the rebound for the quarter  
ending March 31, 2021. Mr. Smith also responded to an inquiry from the last  
quarterly update, confirming that some hotels had reduced their rates due to the  
COVID-19 pandemic.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to accept the Quarterly Tourist Development Tax Report for the quarter  
ending March 31, 2021. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
8.I.  
Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education  
Program Trust Fund Report - Cumulative Reporting through 03/31/2021  
Accepted  
8.J.  
Tourist Development Council 2021/2022 Budget Recommendations  
Attachments: Staff Report  
Commissioner Earman discussed the recent Tourist Development Council (TDC)  
meeting, noting his surprise that there were not more agencies or municipalities  
requesting funding. He stated that one particular agency had requested a funding  
increase of 21%, but was unable to answer questions being asked by a member of the  
TDC Board. He suggested that in the future, the TDC should look further into what  
the agencies were doing to promote tourism for the County. Vice Chairman O'Bryan  
suggested funding the Cultural Council of Indian River County (Cultural Council) at  
the level they had received the previous year. Chairman Flescher expounded on the  
recent transition at the Cultural Council, which could have led to the representative's  
inability to provide the information being requested.  
Commissioner Adams, former Chairman of the TDC, clarified that the TDC made it a  
policy in 2018 that the municipalities would be responsible for collaborating with their  
non-profit tourism agencies rather than the TDC accepting direct applications from the  
municipal agencies. She stated that new agencies were encouraged to apply for  
funding. Commissioner Adams felt it was appropriate to let the TDC know that the  
Board expected more from the applicants, and to put the applicants on notice  
regarding future funding. She also informed Commissioner Earman of the TDC's  
vision that the different agencies would complement each other for the goal of getting  
heads on beds, which would generate additional tourist tax dollars for marketing  
campaigns to boost tourism in the County.  
Commissioner Moss voiced her concerns about the tourist tax and the TDC. She  
discussed the requirements for membership of the TDC and of the agencies being  
funded, and also the timing of the Chamber of Commerce presentations to the TDC.  
She suggested revisiting these items at a future Commission meeting.  
Commissioner Earman clarified that the transition mentioned by Chairman Flescher  
involved his son, Ben Earman, who had recently resigned from his position as the  
Executive Director of the Cultural Council; however, he stated that his son's  
resignation had nothing to do with him being dissatisfied with the presentation.  
Ms. Dori Stone, President, Indian River County Chamber of Commerce (the  
Chamber), addressed the Board to clarify the role of the Chamber.  
Mr. Miguel Davila addressed the Board with comments not relevant to the topic.  
A motion was made by Commissioner Earman, seconded by Vice Chairman  
O'Bryan, to approve staff's recommendation with the following conditions  
regarding the Cultural Council of Indian River County: 1) the funding for Fiscal  
Year 2021-2022 will revert back to the Fiscal Year 2020-2021 amount of $49,301; 2)  
the proposed Fiscal Year 2021-2022 increase amount of $10,699 will be placed in  
a reserve fund; and 3) the orginization will be given the opportunity to reapply to  
the Tourist Development Council with a revised presentation. The motion carried  
by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and  
Commissioner Earman  
1 - Commissioner Moss  
8.K.  
American Rescue Plan Act of 2021 - Funding Agreements and Revised Non-Profit  
Eligibility List  
Attachments: Staff Report  
Vice Chairman O'Bryan pointed out that he had received an email from Main Street  
Vero Beach, Inc. (Main Street Vero Beach), stating that they were not going to  
receive American Rescue Plan Act of 2021 funds from the City of Vero Beach. Due  
to Main Street Vero Beach's ongoing relationship with the City, the Vice Chairman  
recommended adding them to the County's list of eligible 501(c)(3) & (4) agencies.  
County Administrator Jason Brown voiced his concern regarding expanding on the list  
that was included in staff's recommendation; however, he felt that Main Street Vero  
Beach met the criteria for funding, and he supported the recommendation.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve staff's recommendation with Main Street Vero Beach, Inc.  
being added to the list of eligible 501(c)(3) & (4) entities. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
8.L.  
Miscellaneous Budget Amendment 008  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2021-038, amending the Fiscal  
Year 2020-2021 Budget.  
8.M.  
Final Ranking of Firms and Award of RFP 2021034 for Main and North Library  
Meeting Room Audio/Video Upgrade  
Attachments: Staff Report  
Approved staff's recommendation with the final ranking as follows: 1) AVI-SPL,  
LLC; 2) IM Solutions, Inc.; and 3) Academic Technologies, Inc.  
8.N.  
8.O.  
Approval of New License Agreement for Donald MacDonald Park Campground  
Attachments: Staff Report  
Approved staff's recommendation  
Work Order No. 41 for Kimley-Horn and Associates, Inc., Oslo Road  
Improvements 58th Avenue to 82nd Avenue Utility Relocations, FDOT Project  
431521-1  
Attachments: Staff Report  
Approved staff's recommendation  
8.P.  
8.Q.  
8.T.  
Work Order No. 17 for Kimley-Horn and Associates, Inc. - Amendment 1, 58th  
Avenue Relocations - 53rd Street to 57th Street  
Attachments: Staff Report  
Approved staff's recommendation  
Work Order No. 2 for Schulke, Bittle & Stoddard, LLC, Floravon Shores Septic to  
Sewer Design Services  
Attachments: Staff Report  
Approved staff's recommendation  
Resolution Cancelling Taxes on Property Purchased for Public Purpose: 66th Avenue  
Right-of-Way  
Attachments: Staff Report  
Approved staff's recommendation and Resolution 2021-039, cancelling certain  
taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes.  
(Jeta Ranch, LLC)  
8.U.  
Authorization to Purchase Thermoplastic Pavement Marking Application System  
Attachments: Staff Report  
Approved staff's recommendation  
8.V.  
Award of Bid No: 2021036 Indian River County Courthouse Roof Replacement  
IRC-1764  
Attachments: Staff Report  
Approved staff's recommendation  
8.W.  
Approval of Work Order No. MM-2 with Kimley-Horn and Associates, Inc. for  
Construction Related Structural Engineering Services for Construction of Moorhen  
Marsh Low Energy Aquatic Plant System  
Attachments: Staff Report  
Approved staff's recommendation  
8.X.  
8.Y.  
8.Z.  
Recommendation of Award of Construction Contract for Moorhen Marsh Low  
Energy Aquatic Plant System (Bid #2021038)  
Attachments: Staff Report  
Approved staff's recommendation  
Approval of Amendment No. 2 to DEP Agreement No. S0839 for Construction of  
an Oyster Reef Along Foot Island in the Indian River Lagoon  
Attachments: Staff Report  
Approved staff's recommendation  
Revision to Administrative Policy AM-702.1 Sick Leave  
Attachments: Staff Report  
Approved staff's recommendation  
8.AA.  
Revision to Administrative Policy AM-202.1 Hiring and AM-207.1 Promotion  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
9.A.  
Indian River County Sheriff Eric Flowers re: Community Oriented Policing  
Services (C.O.P.S) Hiring Program Grant  
Indian River County Sheriff Eric Flowers referred to his memorandum dated May 27,  
2021, to request the Board's approval to apply for a Federal grant, the Community  
Oriented Policing Services (COPS) Hiring Program Grant (the Grant). He clarified  
that the award would cover 75 percent of the entry-level salary and benefits for the  
needed nine (9) deputy positions, responsible for community outreach policing only,  
for a period of three (3) years. Sheriff Flowers made mention that the Grant would  
require a 25 percent cost share amount, and that the amount had not been included in  
their Fiscal Year 2021/2022 Budget request, which was submitted in May 2020.  
Discussion among the Board brought concern from Vice Chairman O'Bryan regarding  
the responsibility for 100 percent of the funding after three (3) years if the Sheriff's  
Office was chosen to receive the Grant. Sheriff Flowers responded that there would  
be a possibility of renewing the Grant.  
Mr. Freddie Woolfork, 4590 57th Avenue, spoke in support of the Sheriff's request.  
A motion was made by Commissioner Moss, seconded by Chairman Flescher, to  
approve the Indian River County Sheriff's request to apply for the Community  
Oriented Policing Services (COPS) Hiring Program Grant. 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 10:52 a.m., and he reconvened the meeting  
at 11:08 a.m., with all members present.  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
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  
F. Office of Management and Budget  
G. Public Works  
H. Utilities Services  
12.H.1. 21-0571  
Sole Source for Environmental Equipment Services (EES) and Permission to  
Increase Capital Funds  
Attachments:  
Staff Report  
ESS Proposal Quote #021821CPI-rev2  
Sole Source Letter Smith & Loveless Inc  
Equipment Pictures  
Vincent Burke, Director of Utility Services, utilized staff's memorandum dated  
May 19, 2021, to update the Board on a price increase of $219,900 for the  
replacement of the Smith & Loveless grit drives, grit classifiers and grit removal  
system electrical control panels at the Central Wastewater Treatment Facility. He  
stated that the increase was a result of escalations in material and labor costs, and  
replacing the 22-year-old electrical panels that were not included in the Fiscal  
Year 2020/2021 Capital Budget. Director Burke noted that a change in  
ownership of the former sole source vendor led to Environmental Equipment  
Services (EES) being designated as the new sole source vendor for Smith &  
Loveless. He recommended that the Board waive the requirement for bids and  
approve EES as the County's new sole source provider for all Smith & Loveless  
equipment and/or services.  
The Board had no questions for Director Burke.  
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.R.  
Groundwater Modeling and Impact Evaluations with CDM Smith, Amendment  
No. 2 to Work Order No. 5  
Attachments: Staff Report  
Director of Utility Services Vincent Burke referred to staff's memorandum dated  
June 8, 2021, to present an additional three (3) groundwater modeling efforts, as  
listed in Exhibit A of Amendment No. 2 to Work Order No. 5 with CDM Smith  
Inc.  
Commissioner Moss inquired and received clarification from Director Burke on  
the analysis that led to further investigation by CDM Smith.  
Mr. Miguel Davila provided his understanding of the topic.  
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  
8.S.  
Well Field and Alternative Water Supply Evaluation  
Attachments: Staff Report  
Director of Utility Services Vincent Burke referred to staff's recommendation  
dated May 10, 2021, to present the Board with a request to hire the engineering  
firm of Kimley-Horn and Associates, Inc., for the purpose of achieving a desired  
increase in the Consumptive Use Permit (CUP) capacity, consistent with  
regulatory requirements, by providing an investigative analysis. He stated that  
staff would return to the Board, following the research and gathering of data, to  
provide the potential costs associated with expanding the County's water capacity  
to keep up with the growth over the next 30 years.  
Vice Chairman O'Bryan raised concern that doubling the amount of treated water  
would double the amount of concentrate to be disposed. Director Burke  
acknowledged the concern and agreed to return to the Board with answers, facts,  
and costs.  
Commissioner Earman applauded the efforts of staff for looking into the future of  
water.  
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  
12.H.2.  
Well Field Feasibility Expansion Study by All Webbs Enterprises, Inc.  
Attachments: Staff Report  
Director of Utility Services Vincent Burke referred to staff's memorandum dated  
June 1, 2021, to request an investigation for sufficient water quality and quantity at  
existing County well fields, making mention that it may be possible to dig deeper  
at the North County and South County Reverse Osmosis plants rather than to  
add additional infrastructure. Due to the responsible work on previous County  
well projects by All Webbs Enterprises, Inc. (AWE) and the need to repair wells  
S-1 and N-7, Director Burke requested that the Board waive the requirement for  
bids and approve the sample agreement with AWE.  
Commissioner Earman emphasized the need for an adequate water supply.  
Commissioner Moss added her concerns regarding digging deeper wells, the cost  
of the investigation, and waiving competitive bidding. Director Burke stated that  
exploring different depths was important, and noted that it was the responsibility  
of staff to explore any and all options, and to provide the Board with facts. He  
explained that Kimley Horn and Associates, Inc. would be analyzing all of the  
data received to assist the County with following the rules, and for planning for the  
conditions the County was facing. Regarding competitive bidding, Director Burke  
responded that he had solicited another company that was not able to perform the  
work. He was satisfied with prior work that was done by AWE, and time would  
be an issue if the Board opted to go out for bid.  
Mr. Miguel Davila spoke in support of AWE and staff's recommendation.  
A motion was made by Commissioner Earman, seconded by Commissioner  
Adams, 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  
13. COUNTY ATTORNEY MATTERS  
13.A.  
Request for Release of an Easement Located at 170 Seaspray Lane, Town of  
Orchid, FL  
Attachments: Staff Report  
Assistant County Attorney Susan Prado and Environmental Planning and Code  
Enforcement Chief Andrew Sobczak referred to a PowerPoint presentation to discuss  
an easement release request by VRB Realty, LLC, the property owner at 170  
Seaspray Lane. The request had been presented to the Town of Orchid's Town  
Council, who had confirmed that there were no objections from the adjacent property  
owners and voted in favor of releasing the portion of visual access easement at 170  
Seaspray Lane. Attorney Prado confirmed that the visual access easement, located  
near the Jungle Trail, was dedicated to the County and the Town of Orchid in 1989.  
Chief Sobczak referred to Exhibit "E" to discuss the location of the easement, noting  
that it went through the middle of the parcel where the property owner was interested  
in constructing a single-family home. He confirmed that he had reached out to County  
Historian Ruth Stanbridge, who had clarified that the purpose of the easement in 1989  
was to protect the visual line of sight for the old Jungle Trail alignment; however, the  
trail had moved.  
Commissioner Adams commented that the Jungle Trail may continue to move in the  
future, and it would not be moving back to a place where the line of vision would be  
necessary.  
Attorney Prado added that she had researched the National Register of Historic  
Places to verify that the visual access easement at 170 Seaspray Lane was not a part  
of the Jungle Trail.  
A motion was made by Commissioner Adams, seconded by Chairman Flescher,  
to approve Resolution 2021-040, releasing a portion of an easement located at  
170 Seaspray Lane in the Town of Orchid. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
13.B.  
Environmental Control Hearing Board Committee Vacancy  
Attachments: Staff Report  
County Attorney Dylan Reingold presented the item, which brought discussion among  
the Commissioners regarding individuals serving on one or more Committee/Board.  
Commissioners Adams and Moss commented that they were familiar with Ms. Anna  
Kirkland and that she was dedicated to the community.  
An online attendee inquired if Committee/Board members had to be County residents,  
and Chairman Flescher confirmed that it was a requirement.  
A motion was made by Commissioner Adams, seconded by Chairman Flescher,  
to appoint Ms. Anna Kirkland to fill the unexpired term ending in January 2023  
for the "Member-at-Large; Citizen not holding elective office" representative to  
the Environmental Control Hearing Board. The motion carried by the following  
vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
13.C.  
Eviction Prevention & Diversion Mediation  
Attachments: Staff Report  
County Attorney Dylan Reingold utilized staff's memorandum dated May 27, 2021, to  
introduce a voluntary program called Eviction Prevention & Diversion Mediation (the  
Program), designed to keep tenants in their current housing by adequately  
compensating the landlord. He clarified that neither party would be forced to enter  
into the Program.  
The Honorable Judge Menz expressed to the Board her intent to benefit a large  
number of tenants who were going to be in need when the eviction moratorium ended.  
She stated that the Program would run with the assistance of pro-bono attorneys from  
the Indian River County Bar Association (IRCBA), the Indian River County Clerk of  
the Court, and the Florida Rural Legal Services (FRLS), through its Housing  
Emergency Advocacy Response Team (HEART) program. Judge Menz proposed  
the use of up to $2 million of CARES Act funds from the Mortgage and Rental  
Assistance Program to benefit the landlord and the tenant by paying back rent and up  
to three (3) months of future rent, with a proposed amount not to exceed $7,500, or  
up to $9,000 for cases approved by County Administrator Jason Brown.  
Discussion among members of the Board, Administrator Brown, and Judge Menz  
included: 1) landlords who had previously received $4,500 from the Mortgage and  
Rental Assistance Program; 2) the negative impact for a tenant with an eviction on  
their record; 3) landlords who participate in the mediation process and later evict the  
tenant or sell the property; and 4) the possibility that a landlord had not been paid  
since March 2020 when the eviction moratorium began.  
Commissioner Adams suggested increasing the proposed per household maximum  
amount to $10,000 regardless of the possibility that prior payments were made to the  
landlord, or allowing for a case-by-case determination of the amount of rental  
assistance to be dispersed to the landlord.  
Vice Chairman O'Bryan recommended that the maximum amount of assistance per  
household be increased to $10,500. He added that after the Program got started, if  
there was a need for changes, Judge Menz could return to the Board.  
Chairman Flescher suggested an increase in rental assistance to a maximum of  
$12,000 per household.  
Administrator Brown acknowledged the desire of the Board to disregard that a  
landlord may have already received $4,500 in funding; however, he added words of  
caution regarding the increase in assistance due to the large number of households  
potentially in need.  
Ellen Kendall, representing the John's Island Community Service League, thanked  
Judge Menz for her leadership and efforts in coordinating and collaborating to put the  
program together. She added her appreciation for the Board for recognizing the  
public need.  
Jeffrey R. Smith, Clerk of the Circuit Court, remarked that he was honored to partner  
with Judge Menz, the FRLS, and the IRCBA to implement the Program.  
Attorneys Paul Amos and Cynthia VanDeVoorde Hall, President and President-Elect  
of the Indian River County Bar Association, expressed their support for the Program  
and their willingness to offer pro-bono services for a potential solution to the eviction  
and housing issue, which would also ease the backlog for the court system.  
A motion was made by Commissioner Adams, seconded by Vice Chairman  
O'Bryan, to support the Eviction Prevention & Diversion Mediation Program,  
authorizing the use of up to $2 million from the Mortgage and Rental assistance  
program under the County's CARES Act allocation, with a maximum of $10,500  
per case regardless of previously received aid, with the option to adjust the  
maximum allowance per case based on the findings after the program was  
implemented. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
13.D.  
Brightline Settlement Agreement  
Attachments: Staff Report  
County Attorney Dylan Reingold recapped the details of the County's lawsuit against  
Brightline, and he pointed out the terms of the proposed Settlement Agreement (the  
Agreement) which included more than $31 million in safety requirements to be  
completed at no expense to the County. Attorney Reingold advised of some minor  
changes to the Agreement including: 1) Exhibit A, Hawk's Nest Rd., Golf Club  
Entrance, the Municipality would be changed from Gifford to read "Private"; and 2)  
changes to the date where it read May 2021, would be changed to read June 2021.  
He concluded by offering thanks to the many individuals who had assisted him with  
the matter over the years.  
Discussion ensued among the Board and County Administrator Jason Brown, with the  
majority pointing out that the County would benefit from the proposed settlement due  
to Brightline being responsible for installing and maintaining the necessary safety  
improvements.  
Mr. Bob Auwaerter, Indian River Shores, was appreciative of the work done by the  
Board and County staff. He added comments regarding train stations and the areas  
of danger that would require fencing.  
Mr. Miguel Davila spoke on benefits and concerns of the train traveling through the  
County.  
Mr. Ted Robinson, 651 Broadway Street, cautioned the Board on why they should  
not approve the proposed settlement with Brightline. He inquired and received  
clarification from Attorney Reingold that Brightline was planning for 32 trains per day  
to travel through the County.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,  
to approve staff's recommendation with minor wording changes to the  
Settlement Agreement, as noted in the County Attorney's presentation. 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 12:31 p.m., and he reconvened the meeting  
at 12:41 p.m., with all members present.  
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  
The Water of Indian River County  
14.E.1.  
Commissioner Moss referred to the request by the Indian River Soil and Water  
Conservation District (IRSWCD) at the April 20, 2021 meeting to update the  
1988 Geohydrology Study, conducted by the United States Geological Survey  
(USGS). She read Policy 2.6 from the Indian River County Comprehensive Plan  
Chapter 3D, Natural Groundwater Aquifer Recharge Sub-Element, and stated  
that she had been in contact with the USGS regarding the cost and timeline for the  
study. She announced that a representative from the USGS was available via  
Zoom to address the Board’s concerns on the cost and timeline of the survey.  
Chairman Flescher reminded Commissioner Moss that it was the consensus of the  
Board at their April meeting to await a report by the St. Johns River Water  
Management District (SJRWMD), and that it was not for her to gather the  
information. Commissioner Adams referred to Agenda Item 14.E.1 of the April  
20, 2021 draft minutes and read an excerpt of the minutes, “Consensus reached  
to direct staff to: 1) wait for St. John's River 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.” She  
explained the meaning of "consensus" and she reiterated the Board direction,  
noting that it was an overreach for Commissioner Moss to contact the USGS  
directly.  
Commissioner Moss stated that the Board had received a second request by the  
IRSWCD to contact the USGS for an updated Countywide Geological Survey,  
and she felt that the 2030 Comprehensive Plan was being ignored. She requested  
that the Board allow the representative from the USGS to address their concerns,  
which brought additional comments regarding the direction given for staff to gather  
information and return to the Board. Commissioner Moss then abruptly  
announced that the County’s Utilities Director would be leaving. County  
Administrator Jason Brown suggested that Commissioner Moss should apologize  
to his staff member; however, she declined.  
Vice Chairman O’Bryan referred to the backup provided by Commissioner  
Moss, pointing to the Comprehensive Plan Objective 2: Preserving the Quantity  
of the Surficial Aquifer, and he confirmed that the Board was following the  
Comprehensive Plan by waiting for the report from the SJRWMD.  
Ms. Jean Catchpole, representing the Indian River Neighborhood Association,  
questioned how the item got on the Board’s agenda. Vice Chairman O’Bryan  
explained the Board's policy and the process, and he issued an apology for not  
moving to delete the item at the beginning of the meeting. Commissioner Moss  
also apologized to the groups who were present to speak before the Board.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to dismiss Item 14.E.1. and proceed to Item 15.B.1. The motion  
carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and  
Commissioner Earman  
1 - Commissioner Moss  
14.E.2.  
Tourist Tax  
Deleted  
15. SPECIAL DISTRICTS AND BOARDS  
A. Emergency Services District  
The Board of County Commissioners reconvened as the Board of Commissioners  
of the Emergency Services District. The minutes will be approved at an upcoming  
Emergency Services District meeting.  
15.A.1.  
Approval to Purchase PulsePoint, a Sole Source Mobile Based Application  
Attachments: Staff Report  
(Clerk's Note: This item was moved to be heard following Item 8. Consent  
Agenda. The meeting then proceeded with Item 13.C. County Attorney Matters,  
Eviction Prevention & Diversion Mediation.)  
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.  
15.B.1.  
American Rescue Plan Funding for Leachate Treatment Project at the IRC  
Landfill  
Attachments: Staff Report  
Director of Utility Services Vincent Burke referred to staff's memorandum dated  
June 3, 2021, to update the Board on the leachate treatment project and to  
discuss the financial concerns and options for moving the project forward.  
Commissioner Adams inquired with staff about using American Rescue Plan  
(ARP) funds, the cost share required with grant funding, and the timeline involved  
with following federal procurement procedures. She voiced her concern that  
delaying the process would not improve the leachate problem and could be very  
costly. She made mention of the successful pilot project that was done by  
Heartland Water Technology, Inc.  
Commissioner Earman received confirmation from County Administrator Jason  
Brown of the requirement to go out for bid if the Board wanted to use ARP  
funds, and that the ARP funds could be used for other projects if the Board chose  
not to use the funds on the leachate treatment project due to the time restraint.  
Vice Chairman O'Bryan and Administrator Brown discussed using ARP funds for  
septic-to-sewer projects, which would free up sales tax dollars to lessen the  
9-10% increase per household that would be necessary to fund the leachate  
project. Administrator Brown pointed out that the County must own the  
infrastructure in order to use the ARP funds.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve Option A, to direct staff to continue to finalize a contract  
for a leachate treatment project between Indian River County SWDD and the  
developers, consisting of Heartland Water Technology, Inc., Proximo Energy,  
and Indian River Eco District, LLC, including the original 60 days for  
negotiations to be approved by the SWDD Board at a future meeting. 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 1:30  
p.m.