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, June 15, 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 Joe Moore, Rivers of Living Water

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph E. Flescher, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Added: Item 5.B. Proclamation Honoring Willie Mae Darrisaw on her 100th Birthday

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

21-0547

5.A.

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

Chairman Flescher read and presented the Proclamation to Mr. Herman who thanked

his wife for her support during his career. Vice Chairman O'Bryan expressed

appreciation for his service to Country and community. Assistant County

Administrator Mike Zito expressed appreciation for Mr. Herman's leadership and skill

managing Veteran's issues.

Read and Presented

5.B.

21-0619

Presentation of Proclamation Honoring Willie Mae Darrisaw on Her 100th Birthday

Commissioner Earman read and presented the Proclamation to Ms. Darrisaw who

was joined by members of her family. Chairman Flescher congratulated her for a

lifetime of service and contributions to the community. Ms. Darrisaw expressed

appreciation for her long life and the many wonderful people she's met along the way.

All present in chambers joined together in singing "Happy Birthday" to Ms. Darrisaw.

Read and Presented

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

21-0605

7.A.

The Hospital District's Public Official Bond for Ms. Kerry Bartlett has been received

from Attorney Jennifer D. Peshke's Office. The Bond is on file in the Office of the

Clerk to the Board.

No Action Taken or Required

8. CONSENT AGENDA

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

Adams, to approve the Consent Agenda as amended, pulling Item 8.E. for

discussion. The motion carried by the following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

21-0539

8.A.

Final Ranking of Consultants and Authorization to Negotiate - RFQ 2021020 for

Sandridge Clubhouse Architectural Design

Attachments: Staff Report

Approved staff's recommendation and the final ranking of firms as: 1) Sun Patrick

Architecture, Inc. (dba sparcdesign); 2) Edlund, Dritenbas, Binkley, and

Associates, P.A.; 3) Slattery and Associates; 4) REG Architects, Inc.; 5) West

Architecture + Design, LLC.

21-0589

21-0593

21-0591

8.B.

8.C.

8.D.

Award of Bid 2021043 - Oslo Riverfront Conservation Area Fencing

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

Award of Bid 2021044 - Hallstrom Farmstead Conservation Area Fencing

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

Award of Bid No: 2021045, 4th Street Culvert Replacement at 90th Avenue

(IRC-2022)

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

21-0594

8.E.

Award of Bid No. 2021024 Fleet Facility Fuel Island Canopy Refurbishments,

IRC-2025

Attachments: Staff Report

Sample Agreement

Commissioner Moss sought clarification of an asterisked footnote to the bids listed in

staff's memo dated June 1, 2021. Director of Public Works Richard Szpyrka

informed that the asterisk denoted staff's correction of a mathematical error on one of

the bids.

A motion was made by Commissioner Moss, 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

21-0598

8.F.

66th Avenue - Amendment No. 10 to Kimley-Horn & Associates, Inc. (IRC-1505)

Attachments: Staff Report

Amendment No. 10

Approved staff's recommendation

21-0599

8.G.

Opioid Litigation

Attachments: Staff Report

Letter to Chairman Flescher dated 04.13.21

Memorandum of Understanding Proposal

Resolution

Approved staff's recommendation and Resolution 2021-041, authorizing Indian

River County to join with the State of Florida and other local governmental units

as a participant in the Florida Memorandum of Understanding and formal

agreements implementing a unified plan; and providing for an effective date.

21-0606

8.H.

Amendment 1 to Work Order No. 10 for Masteller & Moler, Inc., North County

Water and Sewer Project Phase 2 - Additional Design Services

Attachments: Staff Report

Amendment 1 to Work Order No 10 Masteller & Moler Inc

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

B. PUBLIC DISCUSSION ITEMS

21-0517

10.B.1.

Request to Speak from Paul Zelno, Safe Harbor for Life re: Request to Approve

Ordinance

Attachments: Public Discussion Request Paul Zelno

Paul Zelno addressed the Commissioners with a plea to consider the Safe Harbor

ordinance, and to bring back the item for the Board's vote.

No Action Taken or Required

21-0572

10.B.2.

Request to Speak from Katherine Booth of Anglicans for Life re: Safe Harbor

Attachments: Request to Speak - Booth

Katherine Booth, member of Anglicans for Life, discussed her organization's

stance regarding abortion, and requested that the Safe Harbor ordinance return as

an action item.

No Action Taken or Required

21-0573

10.B.3.

Request to Speak from Ruth Kuvlesky of Indian River Freedom Coalition re:

Safe Harbor Ordinance

Attachments: Public Discussion Request Kuvlesky

Ruth Kuvlesky, founder of the Indian River Freedom Coalition, represented the

County's Christian voters in their support of the Safe Harbor ordinance, and

requested sponsorship for a Board vote.

No Action Taken or Required

21-0596

10.B.4.

Request to Speak from Chris Allen re: Safe Harbor for the Unborn

Attachments: Public Discussion Request Allen

Chris Allen, founding member of We The People Indian River County, spoke in

favor of provisions in the Safe Harbor proposed ordinance, and requested that

the item return to the Board for a vote.

Following the presentations, Chairman Flescher expressed his skepticism that a

local ordinance could affect change at the national level.

No Action Taken or Required

C. PUBLIC NOTICE ITEMS

21-0602

10.C.1.

City of Vero Beach - Indian River County Conflict Assessment Meeting - June

24th

Attachments: Staff Report

County Attorney Dylan Reingold read the Public Notice into the record.

No Action Taken or Required

11. COUNTY ADMINISTRATOR MATTERS

21-0603

11.A.

Legislative Update

Attachments: Staff Report

County Administrator Jason Brown introduced the County's Legislative Affairs and

Communications Manager Kathleen Keenan, who provided an update of the 2021

Florida Legislative Session. Utilizing a PowerPoint presentation, Ms. Keenan

discussed the state budget for fiscal year 2020-2021, including taxpayer savings,

environmental investment, transportation, economic development, and Veterans

issues. The County received approval of $4.9 million for high speed rail safety

improvements and a $7.5 million grant for Sector 3 beach restoration.

Ms. Keenan then gave an overview of the County's legislative priorities list which

included maintaining home rule on vacation rentals, grants to enhance broadband

internet infrastructure, and increased funding for the SHIP and SAIL affordable

housing programs. The presentation closed with a look ahead to the January 11, 2022

session, with anticipated bills addressing Covid-19 recovery, and redistricting.

Vice Chairman O'Bryan noted that the use of Zoom meetings was more impactful and

engaging than the pre-Covid face-to-face meetings. The Vice Chairman also

commented on the delayed Census data needed for redistricting, and added his

prediction that the County's population had reached 159,000 people. County

Attorney Dylan Reingold informed that redistricting deadlines and procedures would

be discussed at the Florida Association of County Attorneys meeting, and he would

return to the Board with more information.

No Action Taken or Required

21-0604

11.B.

Indian River Lagoon Conservation Lands Bond Referendum - Capital Project and

Land Purchase Options

Attachments: Staff Report - Lagoon Conservation Land Bonds

County Administrator Jason Brown referred to the October 6, 2020 Board meeting

wherein the Board requested that staff return with recommendations on the ways a

conservation land bond referendum could be utilized to improve the health of the

Indian River Lagoon and County-owned conservation lands.

Administrator Brown relayed the following suggestions for the Board's consideration:

purchase additional land for conservation purposes; large-scale stormwater treatment

projects like Osprey Acres which also have recreational features;

lagoon-enhancements such as the Jones Pier living shoreline and salt marsh;

septic-to-sewer conversions; and development of (2) recently-purchased parcels

earmarked for water management/recreation. He concluded with bond financing

details, the possibility of Public-Private Partnerships, and projected adding the item to

the 2022 election ballots.

Under discussion, Vice Chairman O'Bryan expressed a preference for projects like

Osprey Acres which included recreational amenities; additionally, he suggested

including the cost of developing public access into the initial purchase price.

Commissioner Earman also expressed support for projects like Osprey Acres, and

the purchase of land. Commissioner Adams recommended looking to the County's

Lagoon Plan for spending guidance, and remaining flexible. Commissioner Moss was

in favor of acquiring conservation land. Chairman Flescher agreed with the need to

remain flexible.

Administrator Brown summarized the Board's direction and indicated he would return

with the referendum's wording for approval.

The Board provided direction to County Administrator Jason Brown regarding the

types of projects the Commissioners preferred for an Indian River Lagoon

Conservation Bond referendum. Administrator Brown offered to return to the

Board with wording for the ballot initiative.

The Chairman called for a recess at 10:40 a.m., and reconvened the meeting at 10:50

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

21-0600

12.H.1.

South County Reverse Osmosis (SCRO) Water Treatment Plant (WTP)

Improvements Bid Award

Attachments: Staff Report

KHA South County WTP Improvements Project Bid Review

Sample Agreement

Director of Utility Services Vincent Burke referred to staff's memo dated May 26,

2021, to provide details of the improvements needed at the South County

Reverse Osmosis (SCRO) Water Treatment Plant (WTP). The needed work,

plus additional items recommended by Kimley-Horn and Associates, was sent out

for bid and TLC Diversified, Inc. (TLC) returned as the lowest responsible

bidder.

Director Burke noted that after bids had been accepted, the Board allocated $6

million of American Rescue Plan funds for the project, which necessitated the

addition of federal requirements to the agreement. Staff recommended awarding

the bid to TLC pending their acceptance of the additional federal clauses.

Upon query by Vice Chairman O'Bryan, County Attorney Dylan Reingold

informed that the federal clauses were impactful, but many contractors were

familiar with them and staff would verify that TLC was comfortable with the

additional requirements. Commissioner Earman received information from

Director Burke regarding the additional recommended items which were needed

to ensure that the WTP's aging system continued to be functional and reliable.

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

21-0608

12.H.2.

Approval of Work Order 6 to Kimley-Horn and Associates for South County

Reverse Osmosis Water Treatment Plant Construction Phase Services

Attachments: Staff Report

Work Order No 6 with KHA

There was no discussion regarding 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

13. COUNTY ATTORNEY MATTERS

14. COMMISSIONERS MATTERS

A. Commissioner Joseph E. Flescher, Chairman

B. Commissioner Peter D. O'Bryan, Vice Chairman

C. Commissioner Susan Adams

D. Commissioner Joseph H. Earman

E. Commissioner Laura Moss

15. SPECIAL DISTRICTS AND BOARDS

The Board of County Commissioners reconvened as the Board of Commissioners of

the Solid Waste Disposal District. Those minutes will be approved at an upcoming

Solid Waste Disposal District meeting.

A. Emergency Services District

B. Solid Waste Disposal District

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

Earman, to approve the Solid Waste Disposal District Meeting Minutes of

March 16, 2021, and 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

21-0583

15.B.1.

Approval of Minutes Meeting March 16, 2021

Attachments: 03162021SWDD_Draft

Approved

21-0587

21-0607

15.B.2

15.B.3.

Approval of Minutes Meeting April 13, 2021

Attachments: 04132021SWDD_Draft

Approved

Approval for Temporary Off-Site Disposal of Concentrated Leachate

Attachments: Staff Report

Quotation from Aqua Clean

Quotation from Rain for Rent

Director of Utility Services Vincent Burke appeared before the Board with

follow-up to direction provided at the May 18, 2021 BCC meeting to secure a

short-term solution to the leachate problem at the landfill. Director Burke

reviewed the plan to lease storage tanks for leachate removal and then use tanker

trucks to transport the material off-site for disposal. He provided the costs for the

plan, and requested the Board's approval to waive the requirement for bids.

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

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

following vote:

5 -

Aye:

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

Commissioner Earman, and Commissioner Moss

21-0601

15.B.4.

Change Order No.1 to SCS Field Services for Landfill Segment 3 Cell 1 Landfill

Gas System Expansion Project (Bid #2021006)

Attachments: Staff Report

CDM Smith Recommendation and Change Order No 1

Director of Utility Services Vincent Burke presented the change order from SCS

Field Services in relation to the County's landfill gas system expansion project.

Director Burke reminded the Board that the County had contracted with the

Indian River Eco District to provide a large quantity of landfill gas, and staff was

recommending additional items to optimize the capture of that gas.

Vice Chairman O'Bryan received confirmation that the leachate stored in the

landfill's wells was hampering the production of landfill gas and that once the

leachate was removed, gas production would increase.

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

C. Environmental Control Board