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  
Joseph E. Flescher, Chairman, District 2  
Peter D. O'Bryan, Vice Chairman, District 4  
Susan Adams, District 1  
Joseph H. Earman, District 3  
Laura Moss, District 5  
Jason E. Brown, County Administrator  
Dylan Reingold, County Attorney  
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller  
Tuesday, October 19, 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 Tracy Moore, Vero Beach Church of Christ  
3. PLEDGE OF ALLEGIANCE  
Dylan Reingold, County Attorney  
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS  
Added: Item 7.E. Visioning Meeting  
Moved: Item 14.B.2. moved to follow Consent Agenda  
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.  
Presentation of Proclamation Honoring the 2021-2022 Indian River County Fire  
Rescue Lieutenant, Engineer and Firemedic of the Year.  
Recommended Action:  
Read and Present  
Attachments: Proclamation  
Emergency Services Director Tad Stone presented awards to members of the Indian  
River County Fire Rescue Department who were voted as being exceptional by their  
peers.  
Commissioner Earman announced the reinstitution of the annual awards, then read the  
Proclamation to the award winners: Lieutenant of the Year, Carlo Marques; Engineer  
of the Year, Stephen Flood; and Firemedic of the Year, Donald Burke.  
Read and Presented  
6. APPROVAL OF MINUTES  
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD  
ACTION  
7.A.  
Proclamation Honoring Debra P. Stewart on Her Retirement From Indian River  
County Board of County Commissioners Department of Utility Services / Water  
Division with Eighteen Years of Service  
Attachments: Proclamation  
No Action Taken or Required  
7.B.  
Sebastian River Improvement District Fiscal Year 2021/2022 Regular Board Meeting  
Schedule  
Recommended Action:  
Information Only  
No Action Taken or Required  
7.C.  
Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk  
of the Circuit Court prior to January 1, 2020 is on file in the Office of the Clerk to the  
Board.  
Recommended Action:  
Informational Item Only  
No Action Taken or Required  
7.D.  
Economic Development Council Replacement  
Attachments: Staff Report  
Danny Markford will fulfill the remaining term, which expires January 2023, of the  
Local Manufacturing Industry representative on the Economic Development Council  
following the resignation of James Funk.  
No Action Taken or Required  
7.E.  
21-0990  
MPO Meeting - Visioning  
Commissioner Moss announced the Metropolitan Planning Organization's  
Wednesday, October 27, 2021 meeting, and suggested residents attend to take part  
in the County's visioning process.  
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 presented. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner  
Earman, and Commissioner Moss  
8.A.  
Revised Schedule of Board of County Commission 2022 Meeting Dates  
Recommended Action:  
Staff recommends that the Board approve the revised 2022 BCC meeting schedule  
Approved staff's recommendation  
8.B.  
Project: Lakes at Waterway Village PD - Pod U - Request for 2-Year Extension to  
Final Lift of Asphalt Contract - Developer: DIVOSTA HOMES, L.P., a Delaware  
limited partnership  
Recommended Action:  
Approve the Modification to Contract for Construction for Final Lift of Asphalt,  
Contract No. PD-16-12-07-FLA (2004010124-83766) to extend the completion  
date to November 27, 2023, and authorize the Chairman to execute same. It is also  
noted that the Developer will need to have the supporting letter of credit amended no  
later than November 27, 2021 to increase the amount and extend the letter of credit  
expiration date.  
Attachments: Staff Report  
Approved staff's recommendation  
8.C.  
Approval of Grant and Match Funding for Library RFPs 2021028 (Network  
Infrastructure Equipment and Installation) and 2021029 (Cabling, Hardware and  
Installation)  
Recommended Action:  
Staff recommends the Board accept the grant funding and authorize the Purchasing  
Division to issue a purchase order to PC Solutions & Integration, Inc. for $60,441.82  
and to Bazon-Cox & Associates, Inc. for $8,597.60.  
Attachments: Staff Report  
Approved staff's recommendation  
8.D.  
Miscellaneous Budget Amendment 011  
Recommended Action:  
Staff recommends the Board of County Commissioners approve the budget resolution  
amending the fiscal year 2020-2021 budget  
Attachments: Staff Report  
Approved Resolution 2021-069, amending the Fiscal Year 2020-2021 Budget.  
8.E.  
FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement  
No. 3 for 66th Avenue Roadway Widening (49th Street to 69th Street) FM No.  
436379-1-54-01;436379-1-54-02 (IRC-1505)  
Recommended Action:  
Staff recommends the Board of County Commissioners approve FDOT  
Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 3  
and Authorizing Resolution and authorize the Chairman to execute the same.  
Attachments: Staff Report  
Approved Resolution 2021-070, authorizing the Chairman’s execution of  
Transportation Regional Incentive Program Supplemental Agreement No. 3 with  
the Florida Department of Transportation for 66th Avenue roadway widening  
from 49th Street to 69th Street for Construction and Construction Engineering  
Inspection (CEI) Services.  
8.F.  
Amendment No. 1 - FDEP Grant Agreement No. 19IR2 (Indian River County  
Hurricane Irma Recovery Project (Sector 7 Beach and Dune Restoration))  
Recommended Action:  
Staff recommends the Board approve FDEP Amendment No. 1 to FDEP LGFR  
Grant Agreement No. 19IR2 for up to $307,538.00 and authorize the Chairman to  
sign the Amendment on behalf of the County. Following Board approval, the County  
will transmit the partially executed Amendment to the State for final signatures. Upon  
receipt of the fully executed FDEP Grant Agreement 19IR2 Amendment No. 1 from  
the State, staff will transmit to the Clerk to the Board of County Commissioners for  
filing.  
Attachments: Staff Report  
Approved staff's recommendation  
8.G.  
Award of Bid No: 2022009 Jackie Robinson Training Complex Villas Remodel  
IRC-1914A  
Recommended Action:  
Staff recommends that the total bid (including Alternate “A”) in the amount of  
$1,972,247.00 be awarded to Gibraltar Construction Company, Inc. Staff also  
recommends the Board of County Commissioners approve the sample agreement and  
authorize the Chairman to execute said agreement after receipt and approval of the  
required Certificate of Insurance by the Risk Manager, confirmation of Gibraltar  
Construction Company, Inc. enrollment in the e-verify database, and after the County  
Attorney has approved the Public Construction Bond and agreement as to form and  
legal sufficiency.  
Attachments: Staff Report  
Approved staff's recommendation  
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES  
10. PUBLIC ITEMS  
A. PUBLIC HEARINGS  
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE  
OFFICE OF THE CLERK TO THE BOARD.  
10.A.1.  
Public Hearing and Discussion of 2021 Redistricting of County Commissioner  
Districts  
Recommended Action:  
County staff recommends that the Chairman open the public hearing, take public  
input, and close the public hearing, and that the Board then discuss the proposals  
and provide initial feedback to staff, so that staff can move forward toward the  
preparation and submittal of a final proposal for adoption on December 7th.  
Attachments: Staff Report  
County Attorney Dylan Reingold introduced the item by informing that the 2020  
Census data officially had been released. He outlined the next steps and criteria in  
the redistricting process, as approved at the August 17, 2021 Board meeting.  
Attorney Reingold made mention that there had been no input from the Board,  
and reminded the public that the County was not district sensitive; any citizen  
could vote for any prospective Commissioner regardless of their address.  
Information Technology Director Dan Russell introduced Paige Lester, GIS  
Analyst, who created the three (3) redistricting proposals. Using PowerPoint  
slides, Ms. Lester reviewed the criteria, drivers for change, and provided analysis  
of the redistricting maps.  
The Commissioners gave their initial impressions of the proposals, and agreed to  
weigh public comments before making any decisions. The Board also dispelled  
the rumor that the Gifford neighborhood would be divided.  
The Chairman called for a recess at 10:33 a.m., and resumed the meeting at  
10:46 a.m. with all members present.  
The Chairman opened the public hearing.  
The following County residents addressed the Board with their  
concerns/suggestions:  
Anthony Brown  
Ed Dodd, Mayor, Sebastian  
Joseph Paladin, President, Black Swan Consulting  
Anthony Stewart, President, Southern Christian Leadership Conference  
Edward Dillard  
Pastor Myra Ferguson  
Valerie Brant-Wilson  
Freddie Woolfork  
Wilfred Hart  
Kevin Browning  
Wanda Mosley Scott  
Valerie Brant-Wilson read a text from Rashawn Green  
Robert Gelsimino  
There being no further speakers, the Chairman closed the public hearing.  
Commissioner Adams received clarification from Attorney Reingold that the  
schedule called for the final district boundaries to be voted on at the December 7,  
2021 meeting. Suggestions were made to have another meeting in advance of the  
final vote, and possibly a community outreach effort. Director Russell provided  
information regarding an app that would allow the Commissioners to examine  
different district scenarios.  
The Board entered into lengthy discussion of the proposals with consideration for  
public comments, and the goal of providing staff with clear direction. There was  
general agreement that the geography of the districts was more important than  
perfectly equalized population counts. The Commissioners then debated the pros  
and cons of having the barrier island in one district, as was preferred by some  
speakers who were concerned with socioeconomic disparity. The Board was in  
favor of splitting the barrier island due to the differing needs of the north and south  
beach areas, and to minimize the sprawl of District 5. Vice Chairman O'Bryan  
then suggested using Proposal 1 with modifications to keep the McAnsh Park  
neighborhood together, limit the City of Vero Beach to be encompassed by no  
more than two (2) Districts, and square off District 3. The Board reiterated that a  
Commissioner could serve any district.  
Discussion returned to the suggestion of additional meetings in advance of the  
December 7th deadline. The Board noted that several speakers who represented  
the Gifford neighborhood expressed a need for empathy for their concerns, and it  
was agreed that staff should conduct an informational meeting in Gifford. The  
Commissioners also requested to have the revised map of Proposal 1 brought  
back before the Board in advance of the December vote.  
Board consensus was reached to move forward with a modified Proposal 1 map,  
with the exception of Commissioner Moss who stated she was not yet ready to  
commit to any one proposal.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to approve Redistricting Proposal Map Number 1 with the following  
modifications: 1) lower the population's deviation from the average, if  
possible; 2) ensure the Municipalities are not split among more than two (2)  
Districts; 3) keep the McAnsh Park neighborhood in one (1) District, with the  
western boundary along 27th Avenue; and 4) square off District 3. The Board  
also directed staff to organize a presentation of the revised Redistricting  
Proposal Map 1 in the Gifford neighborhood, as well as returning before the  
Board to present the revisions in advance of the December 7, 2021 meeting.  
The motion carried by the following vote:  
4 -  
Aye:  
Nay:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and  
Commissioner Earman  
1 - Commissioner Moss  
B. PUBLIC DISCUSSION ITEMS  
10.B.1.  
Request to Speak from Elizabeth Siebert re: Redistricting  
no action required  
Recommended Action:  
Elizabeth Siebert appeared before the Board to present an alternate redistricting  
proposal. Her presentation included maps and rationale for the proposed district  
boundaries.  
No Action Taken or Required  
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.  
Finished Water Quality Audit Presentation from Kimley-Horn and Associates  
Recommended Action:  
No action required - for informational purposes only  
Attachments: Staff Report  
Interim Utility Services Director Matthew Jordan presented the Finished Water  
Quality Audit report prepared by Kimley-Horn and Associates (KHA) for the  
Indian River County Department of Utility Services (IRCDUS). He stated that  
the purpose of the audit was to evaluate the County's distribution system, water  
quality, and to address customers' concerns regarding corrosion and leaks in their  
plumbing.  
Nick Black, KHA, provided an overview of the County's water system, and  
concluded that IRCDUS was compliant with the provisions of the Safe Drinking  
Water Act (SDWA) which called for minimal amounts of corrosive elements such  
as lead and copper.  
Next, Dr. Steven Duranceau, PhD, examined the causal factors of copper pipe  
corrosion which he described as being a complex issue. Dr. Duranceau  
presented research and case studies, and listed possible causes of leaks such as  
electrical systems, lightning strikes, and thin-walled copper pipes. The report  
wrapped up with advice for IRCDUS to address residents' concerns.  
Director Jordan returned to summarize the report which showed that IRCDUS  
remained compliant with the SDWA and thresholds for mineral content, and that  
most plumbing failures occurred from issues related to construction and modern  
plumbing materials rather than corrosive water.  
Under discussion, the Board and staff discussed water quality, the lower caliber  
of modern plumbing materials, and complaints received from residents. Dr.  
Duranceau provided answers to questions regarding the effects of electrical  
charges, and plastic versus copper pipes.  
No Action Taken or Required  
13. COUNTY ATTORNEY MATTERS  
14. COMMISSIONERS MATTERS  
A. Commissioner Joseph E. Flescher, Chairman  
14.A.1.  
Chapter 164 Mediation Update, October, 2021  
Discuss  
Recommended Action:  
Chairman Flescher opened discussion by describing the previous meeting with the  
City of Vero Beach (the City) on October 6, 2021. At the conclusion of that  
meeting, both the Chairman and the City's Mayor, Robert Brackett, agreed to  
return to their respective Board/Council with the question of whether the County  
should take over the water delivery system to the Town of Indian River Shores  
(the Shores).  
The Commissioner restated the County's position that it had no intention of taking  
the water service business from the City, and noted that the lack of detailed terms  
was an impediment to moving forward. He added that water service to County  
residents on the south end of the barrier island was still of concern due to supply  
line issues, and lack of rate protection. The Chairman requested input from the  
rest of the Board on whether to continue negotiations on the matter.  
Vice Chairman O'Bryan agreed to continue to share information with the City and  
the Shores, but felt it was premature to make a decision in the absence of a  
feasibility study and a realistic estimate of the costs involved in moving the City's  
water treatment plant. He also stated the importance of obtaining a rate  
protection agreement for south beach residents.  
County Administrator Jason Brown stated the County's goal was to avoid  
litigation, and to continue discussions. However, he observed that the decision to  
serve the Shores was not the County's to make, and the City would have to  
define terms before a commitment from the County could be given.  
Commissioner Moss stated her view that it was the County's responsibility to  
avoid litigation.  
Commissioner Adams expressed her frustration with the lack of progress during  
mediation, and observed that the City seemed intent on litigation rather than  
negotiation. Nonetheless, she was in favor of continuing efforts to resolve the  
matter.  
County Attorney Dylan Reingold sought direction for the next meeting which  
would be used to discuss the terms of a transfer, if continuing the discussions was  
approved.  
Commissioner Earman expressed exasperation at being pulled into the middle of  
an issue between the City and the Shores. That notwithstanding, he supported  
further talks with the City to obtain specific terms.  
Bob Auwaerter, Councilmember, Town of Indian River Shores, advised that  
County staff had been helpful in providing information for the Shores' feasibility  
study, clarified the terms of their franchise agreement with the City, and expressed  
skepticism of the City's estimated cost to relocate their water treatment plant.  
Board consensus was reached to continue negotiations with the City of Vero  
Beach.  
B. Commissioner Peter D. O'Bryan, Vice Chairman  
Request the Board consider directing the County Attorney to start the process to  
establish a Municipal Services Benefit Unit (MSBU) for the Oslo Park area to raise  
funds for future road paving projects  
14.B.1.  
Recommended Action:  
Discussion and give County Attorney direction to begin the formal process of  
establishing a MSBU for Oslo Park.  
Vice Chairman O'Bryan presented a proposal to establish a Municipal Service  
Benefit Unit (MSBU) to raise funds for road paving in the Oslo Park  
neighborhood, similar to a streetlight district already in effect for the area. The  
Vice Chairman used maps to illustrate the proposed roads and their priority. He  
requested support from the Board to direct staff to begin the process of planning  
and estimating costs.  
Director of Public Works Rich Szpyrka offered clarification to Commissioner  
Earman regarding a nearby unpaved road subject to flooding.  
County Attorney Dylan Reingold provided information on the timing and next  
steps to establish a MSBU. He also discussed seeking extensions from the  
Property Appraiser and Tax Collector to achieve a March 2022 deadline.  
Commissioner Adams received confirmation that there was no threshold for  
community support in this type of project, and advised tempering expectations  
regarding the time it would take to complete paving projects.  
Lonnie Ingram, Oslo Park resident, discussed the safety issues and long-standing  
attempts to pave roads in the area. He provided a petition of support signed by  
approximately 25 percent of residents in the neighborhood, noting that the  
majority of residents were renters. Commissioner Adams commented that she  
was satisfied with the level of resident support shown.  
County Administrator Jason Brown echoed Commissioner Adams' advice to be  
clear regarding what can be accomplished once the costs are known, and  
provided suggestions to manage expectations.  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Earman, to direct the County Attorney and Public Works Director to initiate  
the process of creating a Municipal Service Benefit Unit (MSBU) for the Oslo  
Park area to raise funds for future road paving projects, with a timeline that  
would allow final approval in March 2022. The motion carried by the  
following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
Request the Board consider naming the Wabasso Scrub Conservation Area  
Overlook for Joe Carroll  
14.B.2.  
Recommended Action:  
Discussion and approve naming the Wabasso Scrub Conservation Area  
Overlook in honor of Joe Carroll.  
[Clerk's Note: this item was heard following the Consent Agenda]  
Vice Chairman O'Bryan requested the Board's support in naming the Wabasso  
Scrub Conservation Area Overlook in honor of Joe Carroll, as suggested by staff.  
The Vice Chairman described Mr. Carroll as a prominent volunteer in the  
County's Scrub Jay Program, and praised his open-mindedness and wry sense of  
humor.  
Beth Powell, Assistant Director, Parks and Conservation Resources, commended  
Mr. Carroll's commitment to public service and his dedication to protecting the  
Scrub Jay's habitat.  
The following people spoke in support of the naming opportunity to honor of Mr.  
Carroll:  
Bill Menzies  
Doug Carlson  
Joseph Paladin, Indian River Neighborhood Association  
Patrick Pitts  
Chairman Flescher and Vice Chairman O'Bryan wrapped up discussion with the  
projects and contributions made by Mr. Carroll. It was noted that Mr. Carroll  
and his wife were watching the meeting via Zoom.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to approve naming the Wabasso Scrub Conservation Area Overlook  
in honor of Joe Carroll. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
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  
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.  
Work Order No. 45 to Kimley Horn and Associates for Landfill Automated  
Scale System  
Recommended Action:  
Solid Waste Disposal District (SWDD) staff recommends that its Board approve  
the following: a) Authorize the use of Mettler Toledo as the sole-source vendor  
for the automated scales; b) Approve Work Order No. 45 with Kimley-Horn  
and Associates, Inc. for $73,430 to provide engineering services related to the  
Landfill Automated Scale System; and, c) Authorize the Chairman to execute the  
same, as presented  
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  
The Board of Commissioners of the Solid Waste Disposal District reconvened as the  
Board of Commissioners of the Environmental Control Board. The minutes will be  
approved at an upcoming Environmental Control Board meeting.  
C. Environmental Control Board  
15.C.1.  
Approval of Minutes Meeting March 12, 2019  
Approve  
Recommended Action:  
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner  
Adams, to approve the Environmental Control Board Minutes of March 12,  
2019, as written. The motion carried by the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
15.C.2.  
Appointment of Environmental Control Officer  
Recommended Action:  
Staff recommends that the Board discuss and consider the appointment of  
Julianne Price to the position of Environmental Control Officer  
Attachments: Staff Report  
Chairman Flescher presented a Certificate of Appreciation to Ms. Cheryl Dunn,  
Indian River County Environmental Control Officer, to honor her retirement after  
18 years of service.  
Ms. Dunn expressed appreciation for the recognition, and recalled some of the  
more memorable cases during her tenure.  
County Attorney Dylan Reingold thanked Ms. Dunn for her work to improve the  
County's environmental health.  
Miranda Hawker, Indian River County Health Officer, spoke in support of  
appointing Julianne Price as the new Environmental Control Officer.  
A motion was made by Vice Chairman O'Bryan, seconded by Chairman  
Flescher, to approve the appointment of Julianne Price to the position of  
Indian River County Environmental Control Officer. The motion carried by  
the following vote:  
5 -  
Aye:  
Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,  
Commissioner Earman, and Commissioner Moss  
16. ADJOURNMENT  
There being no further business, the Chairman adjourned the meeting at 2:30 p.m.