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, July 6, 2021

9:00 AM

Commission Chambers

1. CALL TO ORDER

5 -

Present:

Chairman Joseph Flescher

Vice Chairman Peter O'Bryan

Commissioner Susan Adams

Commissioner Joe Earman

Commissioner Laura Moss

2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF

THE ARMED FORCES

2.B. INVOCATION

Pastor Chris Drinnon of Grace Baptist Church of Vero Beach

3. PLEDGE OF ALLEGIANCE

Vice Chairman Peter D. O'Bryan

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

21-0490

4.A.

Deleted prior to the meeting: Presentation by Andrea Berry, CEO, IRC Healthy Start

Coalition re: Fetal and Infant Mortality Report

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

Earman, 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

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

21-0644

7.A.

Proclamation Honoring Laurence J. Hanch on His Retirement From Indian River

County Board of County Commissioners Sandridge Golf Club with Eighteen Years of

Service

Attachments: Proclamation

Chairman Flescher made mention that Mr. Hanch's ubiquitous smile would be missed

by everyone who visited Sandridge Golf Club.

No Action Taken or Required

21-0638

7.B.

Indian River County Venue Event Calendar Review

Informational item only; No Board action required

Recommended Action:

Attachments: Venue Event Calendar

No Action Taken or Required

21-0643

7.C.

Update on Brightline Trains Expenses

No Action Required

Recommended Action:

Attachments: Staff Report

Brightline Trains Expenses

No Action Taken or Required

21-0628

7.D.

Distinguished Budget Presentation Award FY 2020/2021

No Action Needed

Recommended Action:

Attachments: Staff Report

GFOA Letter

Distinguished Budget Presentation Award

Management and Budget Director Kristin Daniels accepted congratulations from the

Board on her department's 30th consecutive year receiving the Distinguished Budget

Presentation Award from the Government Finance Officers Association.

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 presented. The motion carried by the

following vote:

5 -

Aye:

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

Earman, and Commissioner Moss

21-0618

8.A.

County Welcome Signs Release of Retainage and Change Order No. 1, IRC-1816

Recommended Action:

Staff recommends approval of Change Order No. 1 and payment of Contractor’s

Application for Payment No. 4 to Kenco Sign and Awning, LLC. in the amount of

$2,475.00 for release of retainage.

Attachments: Staff Report

Description of Itemized Changes

Contractor’s Application for Payment No. 4

Approved staff's recommendation

21-0627

8.B.

Approval of First Renewal of Second Amendment of Property Lease for Temporary

Location of Fire Station #7

Recommended Action:

Staff recommends approval of the first renewal of property lease.

Attachments: Staff Report

First Renewal of Second Amendment

Approved staff's recommendation

21-0629

8.C.

Work Order No. 21 with MBV Engineering, Inc. for Design of GoLine Bus Shelter

Locations

Recommended Action:

Staff recommends the Board approve Work Order No. 21 with MBV Engineering,

Inc. for design of GoLine bus shelter locations.

Attachments: Staff Report

Work Order

Approved staff's recommendation

21-0631

8.D.

Request by Miguel Solis and Lupita Ramos for Release of Easements Located at

5905 59th Street

Recommended Action:

Staff recommends that the Board, through adoption of the draft resolution, approve

release of the drainage and utility easements described in the draft resolution.

Attachments: Staff Report

Map(s) depicting easements proposed for release

Proposed County Resolution Releasing Easements

Approved Resolution 2021-042, releasing easements on Lots 1, 2, 3 & 4, Block 3,

King's Music Lands Subdivision.

21-0632

8.E.

Request by Abigail Andujar for Release of an Easement Located at 5840 59th

Avenue

Recommended Action:

Staff recommends that the Board, through adoption of the draft resolution, approve

release of the drainage and utility easement described in the draft resolution.

Attachments: Staff Report

Map(s) depicting easement proposed for release

Proposed County Resolution Releasing Easement

Approved Resolution 2021-043, releasing an easement on Lots 27 & 28, Block 20,

King's Music Lands Subdivision.

21-0641

8.F.

Settlement of Liens for 1295 & 1355 5th Ave SW

Recommended Action:

The County Attorney’s Office recommends that the Indian River County Board of

County Commissioners approve the settlement proposal and authorize the chair to

sign any and all documents necessary to effectuate the settlement agreement.

Attachments: Staff Report

Approved staff's recommendation

21-0642

8.G.

Resolution Cancelling Taxes on Properties Purchased for Public Purpose: 66th

Avenue Right-of-Way

Recommended Action:

Authorize the Chairman of the Board of County Commissioners to execute the

Resolution to cancel certain taxes upon the properties purchased by Indian River

County for a public purpose, and the Clerk to send a certified copy of the Resolution

to the Tax Collector and the Property Appraiser so that any delinquent or current

taxes can be cancelled.

Attachments: Staff Report

Right of Way Deed

Resolution Cancelling Taxes

Approved Resolution 2021-044, cancelling certain taxes upon publicly owned

lands, pursuant to Section 196.28, Florida Statutes. (Ryall Development Group,

LLC)

21-0646

8.H.

Children’s Services Advisory Committee Recommended Program Funding

Allocations for Fiscal Year 2021/22

Recommended Action:

Staff respectfully requests that the Board of County Commissioners approve CSAC’s

program funding recommendations for FY22.

Attachments: Staff Report

Recommended Program Funding FY22

Children's services funding amount - FY 21/22

Approved staff's recommendation

21-0637

8.I.

Final Pay Lawrence Lee Construction Services, Inc for North County Reverse

Osmosis Water Treatment Plant Chemical Tanks Replacement

Recommended Action:

Staff recommends that the Board of County Commissioners approve the final pay

application in the amount of $19,450.00, which includes the release of retainage to

Lawrence Lee Construction Services, Inc.

Attachments: Staff Report

Final Pay Application

Approved staff's recommendation

21-0639

8.J.

Amendment 2 to Work Order No. 7 Masteller & Moler, Inc., 8th Street Utility

Relocation - FDOT Project 437717-1

Recommended Action:

Staff recommends the Board of County Commissioners approve Amendment 2 to

Work Order No. 7 with Masteller & Moler, Inc. for a lump sum amount of

$19,780.00, and authorize the Chair to execute the Amendment after review and

approval from the County Attorney

Attachments: Staff Report

Amendment 2 to Work Order No 7 Masteller & Moler Inc

Approved staff's recommendation

21-0647

8.K.

Update to South County Reverse Osmosis Water Treatment Plant Bid Award

Recommended Action:

Staff recommends the Board of County Commissioners modify the award of Bid

2021026 to TLC Diversified, Inc., adding $166,738.65 to bring the total bid award

to $10,665,515.65, approve the updated sample agreement, and authorize the

Chairman to execute the agreement after receipt and approval of the required public

construction bond and insurance, and after approval by the County Attorney as to

form and legal sufficiency

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

21-0633

12.A.1

Request for Authorization to Abate a Public Nuisance Located at 1262 15th

Avenue

Recommended Action:

Staff recommends Alternative 2, that the Board of County Commissioners direct

staff to seek a court order to allow staff access to the subject property to abate

the nuisance, authorizing the county’s employees, servants, agents or contractors

to enter upon the Palmer property located at 1262 15th Avenue at all reasonable

times, and take whatever action is necessary to abate the nuisance described in

this report, with costs of the abatement to be recorded as a lien against the

subject property.

Attachments: Staff Report

Photos of Subject Property

Order Warranty County Abatement

County Code Chapter 973

Minutes - May 24, 2021 CEB meeting

Environmental Planning and Code Enforcement Chief Andrew Sobczak appeared

before the Board with a request for authorization to abate a public nuisance at the

residential property of Michael and Kelly Palmer. Utilizing a PowerPoint

presentation, Chief Sobczak reviewed the Code Enforcement Board's (CEB)

actions starting from the initial complaint of junk and trash at 1262 15th Avenue in

March 2020, through to the March 24, 2021 CEB order determining the

unresolved nuisance warranted county abatement.

Under discussion, Chief Sobczak confirmed that the homeowner had not taken

steps to resolve the code violations. In response to Board queries, County

Attorney Dylan Reingold stated he was hopeful the court would hear the case in

the next 30 days, and that the estimated $10,000 cost of abatement would be

attached to the home in the form of a lien. Attorney Reingold also noted that

following cleanup, the county would seek a court order to prevent accumulation

of junk on the property in the future.

A motion was made by Commissioner Earman, 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

B. Emergency Services

C. General Services

D. Human Resources

21-0636

12.G.1

Sector 7 Beach and Dune Restoration Project Easement Status and Project

Options

Recommended Action:

Staff recommends Option 3 to the Board. While staff is of the opinion that the

easement issue is at an impasse, staff will continue to reach out to property

owners to obtain easements. Staff will also reach out to the FDEP, LGFR Grant

staff, and FEMA to inquire about extending the funding for an additional year.

Staff also requests the Board authorize staff to investigate the purchase of

property within Sector 7 for beach access to enhance our funding options for

future Sector 7 beach nourishment projects. Additionally, staff has been unable to

locate property that could be used for construction access to the Sector 7 beach,

thereby substantially increasing the cost for the project even if easements are

obtained.

Attachments: Staff Report

Director of Public Works Richard Szpyrka presented an update to the Sector 7

Beach and Dune Restoration Project, observing that the lack of public beach

access was the biggest obstacle preventing the project from moving forward. He

informed that the County had not reached the required 90% of approved resident

easements, and no longer had access to a previously-used empty lot. He

reflected that without viable construction access to bring in sand, staff was hesitant

to begin the project and incur the cost of required pre-construction monitoring.

Director Szpyrka concluded his presentation with options for moving forward as

detailed in staff's memo dated June 23, 2021.

Under discussion, the Board expressed bafflement as to the reason residents

refused to grant the access needed to restore storm-eroded sand behind their

homes. Commissioner Earman, Liaison to the Beach and Shore Preservation

Advisory Committee (BSPAC), noted that staff was brainstorming ideas to break

the impasse and protect the beach from further erosion. Board support for staff's

Option 3, to pursue an extension of the grant funding, was expressed and also had

been recommended by the BSPAC.

Commissioner Moss requested a list of residents in Sector 7, and reported that

she had received complaints of blocked private access ways during construction.

Vice Chairman O'Bryan contemplated that perhaps residents were fearful of

beach "creep" where beachgoers could make their way onto private property.

He floated the idea of creating a beach patrol position which would monitor

homeowner's property against trespassers.

At the request of Chairman Flescher, County Attorney Dylan Reingold explained

that temporary easements were not an option because grant funding required that

the project demonstrate a continuous public benefit. Additionally he noted that

residents in other beach sectors had agreed to an easement in perpetuity, and

treating sectors unequally may create a policy challenge for the Board. Attorney

Reingold also made mention that the easements helped establish customary use

which was important to preserve beachgoer's access.

Joe Paladin, President, Black Swan Consulting, addressed the Board with

additional suggestions to work around the problem of obtaining beach access.

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

H. Utilities Services

13. COUNTY ATTORNEY MATTERS

21-0645

13.A.

Resolution of Necessity for five Parcels of Right-Of-Way Located along 66th Avenue

between 69th and 85th Streets, Vero Beach, FL 32967: Parcel 127 (Lipfert and

tenant Tongay), Parcel 128 (Williams), Parcel 130 (Sexton), Parcel 132 (Van

Antwerp) and Parcel 151 (Barker/Strickland)

Recommended Action:

Staff recommends that the Board approve the Resolution of Necessity and authorize

staff to proceed with the necessary right-of-way acquisition through the County's

power of eminent domain.

Attachments: Staff Report

Resolution

Composite Exhibit A to Resolution

Deputy County Attorney Bill DeBraal appeared before the Board to request approval

of a Resolution of Necessity for acquisition of property needed for right-of-way in the

expansion of 66th Avenue. He explained that this was the second step in the eminent

domain process, and did not require a public hearing. Attorney DeBraal described

the five parcels, two of which had businesses, and negotiated make-goods. He

advised that business-owners and tenants had the right to possible damages as a result

of the take.

In response to a request for clarification from Commissioner Moss, Attorney DeBraal

informed that the areas of take varied widely among the properties because engineers

determined that 66th Avenue needed to curve to the east to avoid a Florida Power

and Light substation. He added that the County had been in negotiations with the land

owners leading up to this point.

Lamarre Notargiacomo, Vero Beach resident, received information regarding the

recourse property owners had in the eminent domain process. Board and staff

advised that the County was required to pay for land owners' legal and expert fees in

a court challenge, and an explanation of the next steps in the process was also

provided.

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

Adams, to approve staff's recommendation and Resolution 2021-045, declaring a

reasonable necessity to acquire certain real property for the purposes of

improving and reconstructing 66th Avenue, including side street, intersection,

sidewalk and water retention pond improvements; authorizing the County

Attorney or its outside counsel to acquire the attached properties by the

Institution of Proceedings in Eminent Domain, and providing an effective date.

The motion carried by the following vote:

4 -

Aye:

Nay:

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

Commissioner Earman

1 - Commissioner Moss

21-0648

13.B

Acquisition of Right-Of-Way from the Fredrick L. Lipfert and Norma C. Lipfert

Trust for Phase II of 66th Avenue Improvements - 7905 66th Avenue, Parcel 127

Recommended Action:

Staff recommends the Board approve the Agreement for the Lipfert property and

authorize the Chairman to execute the document on behalf of the Board.

Attachments: Staff Report

Agreement to Purchase and Sell Real Estate

Deputy County Attorney Bill DeBraal presented details of the agreement to purchase

1.07 acres of land from the Lipfert Trust needed for right-of-way in the 66th Avenue

widening project. He noted that there was a tenant-owned business on the land,

Empire Equine, which may be entitled to damages from the take.

Vice Chairman O'Bryan expressed his appreciation for the straightforward and fair

negotiation. Commissioner Earman received information from Attorney DeBraal

regarding the potential claim for damages from the owners of Empire Equine.

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

14. COMMISSIONERS MATTERS

A. Commissioner Joseph E. Flescher, Chairman

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

C. Commissioner Susan Adams

D. Commissioner Joseph H. Earman

E. Commissioner Laura Moss

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

B. Solid Waste Disposal District

C. Environmental Control Board

16. ADJOURNMENT

There being no further business, the Chairman adjourned the meeting at 10:14 a.m.