Board of County Commissioners

Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Indian River County Florida 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 9:00 AM Commission ChambersTuesday, August 17, 2021 This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. 1. CALL TO ORDER Commissioner Laura Moss Chairman Joseph Flescher Vice Chairman Peter O'Bryan Commissioner Susan Adams Commissioner Joe Earman Present: 5 - 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Hunter VanWagensen, Christ Church Vero Beach 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Added: 8.AP. Approval of Blue Medicare Advantage Renewal 13.D. Acquisition of Right-Of-Way from Pamela Ryall Morris for Phase I of 66th Avenue Improvements - 6760 57th Avenue, Parcel 320 A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve the Agenda as amended. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 1Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 5. PROCLAMATIONS and PRESENTATIONS 5.A. 21-0768 ReCollect Waste Wizard - CARTer's Corner Mobile Application Recommended Action: For presentation purposes - no action required Staff ReportAttachments: Recycling Education and Marketing Coordinator Sue Flak appeared before the Board accompanied by the County's recycling mascot, Carter. Ms. Flak used a PowerPoint presentation and live demonstration to introduce a new educational tool named "CARTer's Corner", which answers residents' questions regarding which items are recyclable. She informed that CARTer's Corner was also available as a mobile app that residents could download for free. Presented 6. APPROVAL OF MINUTES A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to approve the Regular Meeting Minutes of April 20, 2021, May 4, 2021, May 11, 2021, and May 18, 2021, as written. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 6.A. 21-0720 Regular Meeting of April 20, 2021 Recommended Action: Approve 04202021BCC_DraftAttachments: Approved 6.B. 21-0725 Regular Meeting of May 04, 2021 Recommended Action: Approve 05042021BCC_DraftAttachments: Approved 6.C. 21-0783 Regular Meeting of May 11, 2021 Recommended Action: Approve 05112021BCC_DraftAttachments: Approved Page 2Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 6.D. 21-0785 Regular Meeting of May 18, 2021 Recommended Action: Approve 05182021BCC_DraftAttachments: Approved 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 21-0703 Florida Public Service Commission PAA Order PSC-2021-0252-PAA-EQ approving FPL's revised standard offer contract and associated rate schedule QS-2, a copy is on file in the Clerk to the Board Office. Recommended Action: Information Only No Action Taken or Required 7.B. 21-0731 Florida Public Service Commission Consummating Order PSC-2021-0252-PAA-EQ effective and final; docket to be closed. Recommended Action: Information Only File ID 21-0731Attachments: No Action Taken or Required 7.C. 21-0711 2022 Holiday Schedule Recommended Action: None required. Informational only. Staff ReportAttachments: No Action Taken or Required 7.D. 21-0712 Indian River County Venue Event Calendar Review Recommended Action: This is an informational item only; no Board action is required Event CalendarAttachments: Vice Chairman O'Bryan announced that the September 6, 2021 District 4 Community Meeting was cancelled. No Action Taken or Required Page 3Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 7.E. 21-0742 3rd Quarter FY 2020/2021 Budget Report Recommended Action: No Action Required Staff Report 3rd Quarter Budget Report Attachments: No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, to approve the Consent Agenda as amended, pulling items 8.O., 8.U., and 8.W. for discussion. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 8.A. 21-0704 Checks and Electronic Payments June 25, 2021 to July 1, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of June 25, 2021 to July 1, 2021 Finance Department Staff ReportAttachments: Approved 8.B. 21-0705 Checks and Electronic Payments July 2, 2021 to July 8, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 2, 2021 to July 8, 2021 Finance Department Staff ReportAttachments: Approved 8.C. 21-0713 Checks and Electronic Payments July 9, 2021 to July 15, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 9, 2021 to July 15, 2021 Finance Department Staff ReportAttachments: Approved Page 4Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.D. 21-0718 Checks and Electronic Payments July 16, 2021 to July 22, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 16, 2021 to July 22, 2021 Finance Department Staff ReportAttachments: Approved 8.E. 21-0727 Checks and Electronic Payments July 23, 2021 to July 29, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 23, 2021 to July 29, 2021 Finance Department Staff ReportAttachments: Approved 8.F. 21-0745 Checks and Electronic Payments July 30, 2021 to August 5, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 30, 2021 to August 5, 2021 Finance Department Staff ReportAttachments: Approved 8.G. 21-0715 Subrecipient Award Agreement - TCHSC Recommended Action: Approve the subrecipient award agreement with the Treasure Coast Homeless Services Council and execute any related documents. Finance Department Staff Report TCHSC Subrecipient Agreement 2021 Attachments: Approved staff's recommendation 8.H. 21-0752 Subrecipient Award Agreement - SRA Recommended Action: Approve the Subrecipient Award agreement with the Senior Resource Association and execute any related documents. Finance Department Staff Report SRA SubRecipient Grant Agreement 2021 Attachments: Approved staff's recommendation Page 5Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.I. 21-0707 Approval of 2021/2022 State Funded Subgrant Agreement (T0149) To Update Indian River County's Hazards Analysis Recommended Action: Staff recommends approval of the agreement and acceptance of the funding provided in the agreement. Staff Report 2021-2022 Indian River Grant Agreement IRC Grant Form Attachments: Approved staff's recommendation 8.J. 21-0717 Acceptance and Approval of Expenditures for Emergency Management State-Funded Subgrant Agreement (EMPA) Agreement Number A0209 Recommended Action: Staff recommends approval of the State-Funded Subgrant Agreement A0209, associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Staff Report Grant Form FY 2021-2022 EMPA INDIAN RIVER AGREEMENT-A0209 Attachments: Approved staff's recommendation 8.K. 21-0723 Acceptance and Approval of Expenditures of Emergency Management Federally-Funded Subgrant Agreement (EMPG Agreement Number: G0301) and Expenditure Approval Recommended Action: Staff recommends approval of the Federally-Funded Subgrant Agreement (G0301), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Staff Report EMPG Grant Form FY 2021-2022 EMPG INDIAN RIVER AGREEMENT-G0301 Attachments: Approved staff's recommendation Page 6Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.L. 21-0724 Acceptance and Approval of Expenditures of Emergency Management Performance Grant Program-American Rescue Plan Act (EMPG-ARPA Agreement Number: G0310) Recommended Action: Staff recommends approval of the Federally Funded Subgrant Agreement (G0310), associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management in the amount of $13,926.00. Staff Report Grant Form FY 2021-2022 EMPG-ARPA INDIAN RIVER AGREEMENT-G0310 Attachments: Approved staff's recommendation 8.M. 21-0719 Addendums to Administrative Services Agreements - RxBenefits and Express Scripts effective January 1, 2021 and October 1, 2021 Recommended Action: Staff respectfully requests the Board of County Commissioners approve and authorize the Board Chairman to sign the administrative services agreement addendums with RxBenefits after review and approval by the County Attorney. Staff Report Addendum 1/1/2021 Addendum 10/1/2021 Attachments: Approved staff's recommendation 8.N. 21-0728 Limited COVID-19 Sick Pay Benefit Recommended Action: Approve Staff Report Limited COVID-19 Sick Pay Benefit Attachments: Approved staff's recommendation Page 7Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.O. 21-0732 Award of Bid No. 2021048 for Oslo Riverfront Conservation Area Planting Recommended Action: Staff recommends the Board award Bid 2021048 to Sandhill Environmental Services, LLC, approve the sample agreement and authorize the Chairman to execute the agreement after receipt and approval of the required insurance, and after approval by the County Attorney as to form and legal sufficiency. Staff Report Sample Agreement Attachments: Vice Chairman O'Bryan expressed his concern regarding the wide range of prices submitted during bidding. Purchasing Manager Jennifer Hyde explained that the lowest responsive and responsible bidder, Sandhill Environmental Services LLC, had costs which were lower because they grew their own plants. She assured the Vice Chairman that the vendor's references had been vetted, and the contract stipulated payment only upon staff approval of the plants which also carried a 90-day warranty. 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: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 8.P. 21-0733 Award of Bid 2021046 for South Oslo Road WTP SCADA System Improvements Recommended Action: Staff recommends the Board award Bid 2021046 to TLC Diversified, Inc., approve the 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 of the agreement by the County Attorney as to form and legal sufficiency. Staff Report Sample Agreement Attachments: Approved staff's recommendation 8.Q. 21-0738 Award of RFP 2021052 for ATM Services Recommended Action: Staff recommends the Board award the RFP to iTHINK Financial Credit Union and authorize the Chairman to execute the Sample Agreement after review and approval by the County Attorney as to form and legal sufficiency. Staff report Sample Agreement Attachments: Approved staff's recommendation Page 8Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.R. 21-0740 Miscellaneous Budget Amendment 009 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2020-2021 budget Staff Report 2020 2021 Resolution Exhibit "A" Attachments: Approved Resolution 2021-048, amending the Fiscal Year 2020-2021 Budget. 8.S. 21-0747 Second Renewal of RFP 2019060 FEMA Public Assistance Consulting Services Recommended Action: Staff recommends the Board approve the renewal of the agreement through August 29, 2022, for the second and final term of the available one-year renewal terms, and authorize the Chairman to execute the renewal after approval by the County Attorney as to form and legal sufficiency Staff Report Second Renewal Attachments: Approved staff's recommendation 8.T. 21-0748 Award of Bid 2021049 - Egret Marsh Algal Turf Scrubber Influent Feed System Replacement Recommended Action: Staff recommends the Board award bid 2021049 to Costello Brothers Marine Construction, Inc. and authorize the Chairman to execute the sample agreement upon review and approval by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. Staff Report Sample Agreement Attachments: Approved staff's recommendation Page 9Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.U. 21-0761 Change Order 1 to the Agreement with All Webbs, Enterprises Inc. for Well Field Feasibility Expansion Study Recommended Action: Staff recommends the Board approve Change Order 1 to the agreement and authorize the Chairman to sign it. Staff Report Change Order 1 Attachments: Commissioner Moss stated that she would deny approval of Change Order 1 with All Webbs Enterprises, Inc., noting that she had voted against the original item on June 8, 2021, because the bid requirement had been waived for the Well Field Feasibility Expansion Study. 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: Aye: Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 4 - Nay: Commissioner Moss1 - 8.V. 21-0734 Work Order No. 7 with Kimley-Horn and Associates - South County Reverse Osmosis Water Treatment Plant 2022 Permit Renewal Recommended Action: Staff recommends that the Board of County Commissioners approve Work Order No. 7 with Kimley-Horn and Associates, for $32,200.00, with $15,000.00 coming from Fiscal Year 2020-2021 and $17,200.00 coming from Fiscal Year 2021-2022, and authorize the Chairman to execute the same, as presented Staff Report Work Order No 7 - Scope of Services Attachments: Approved staff's recommendation Page 10Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.W. 21-0735 Request for Purchase of Sodium Hypochlorite Tanks for South County Reverse Osmosis Water Treatment Plant Recommended Action: The staff of the Department of Utility Services recommends that the Board of County Commissioners (BCC) waive the requirement for bids given that three quotes were obtained, and authorize the Purchasing Department to issue a purchase order to Odyssey Manufacturing Co., for $65,500.00, for the purchase of the two tanks. Staff also recommends the BCC declare the two existing tanks, assets 27765 and 27766, as surplus and authorize their sale or disposal, as appropriate Staff Report Odyssey Manufacturing Quote CEJCO Carl Eric Johnson Inc Quote Blue Plant Environmental Systems Quote Attachments: Interim Director of Utility Services Matt Jordan provided clarification in response to a query from Commissioner Moss regarding his department's request to waive the bid requirement for the purchase of new sodium hypochlorite tanks. Mr. Jordan explained that there was an urgent need to replace the tanks earlier than planned, and that staff had received three (3) bids for the new equipment. A motion was made by Commissioner Moss, seconded by Vice Chairman O'Bryan, to approve staff's recommendation. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 8.X. 21-0736 Consideration of the Indian River County SHIP Program 2021 Annual Report Recommended Action: Staff recommends that the Board of County Commissioners: 1. Approve the attached SHIP 2021 annual report and authorize its submission to the Florida Housing Finance Corporation; and 2. Authorize the Chairman to sign the attached Certification form; and 3. Authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Staff Report SHIP Summary Report Annual Report 2018-19 Annual Report Certification Attachments: Approved staff's recommendation Page 11Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.Y. 21-0746 Work Order with MBV Engineering, Inc. for Design of the Next Phase of the Trans-Florida Central Railroad Trail Recommended Action: Staff recommends the Board approve the work order with MBV Engineering, Inc. for design of the next phase of Trans-Florida Central Railroad Trail and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. Staff Report Work Order Attachments: Approved staff's recommendation 8.Z. 21-0741 Sector 3 Beach and Dune Nourishment Project - Phase 1 (IRC-1925) APTIM, Work Order No. 2018006-10, Pre-Construction Services Recommended Action: Staff recommends the BCC authorize Work Order No. 2018006-10 in the total lump sum amount of $10,589.30. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-10. Staff Report APTIM Work Order 2018006-10 Work Order No 2018006-10 execution agreement Attachments: Approved staff's recommendation 8.AA. 21-0743 Sector 3 Beach and Dune Nourishment Project - Phase 2 (IRC2109) APTIM, Work Order No. 2018006-11, Pre-Construction Services Recommended Action: Staff recommends the BCC authorize Work Order No. 2018006-11 in the total lump sum amount of $30,606.55. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-11. Staff Report APTIM Work Order No. 2018006-11 Work Order No 2018006-11 execution agreement Attachments: Approved staff's recommendation Page 12Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.AB. 21-0730 Amendment Number 3 to the Agreement for Professional Services 45th Street Improvements (IRC-1722) - RFQ 2018012 Recommended Action: Staff recommends approval of Amendment Number 3 to the Agreement for Professional Services with Masteller & Moler, Inc. authorizing the professional services as outlined in Exhibit A and authorize the Chairman to execute Amendment Number 2 on their behalf for a lump sum amount of $47,400. Staff Report Amendment 3 to Agreement Attachments: Approved staff's recommendation 8.AC. 21-0749 Final Payment, Release of Retainage and Change Order No. 1 Indian River Boulevard and 8th Street Signalization IRC-1909 Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor’s Application for Payment No. 8 in the amount of $41,856.91 for final payment and release of retainage. Staff Report Change Order No. 1 Attachments: Approved staff's recommendation 8.AD. 21-0753 Amendment No. 19 to Indian River County Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street Recommended Action: Staff recommends the Board of County Commissioners approve Amendment No. 19 with Arcadis US, Inc. for an amount not-to-exceed $55,000.00 and authorize the Chairman to execute the amendment. Staff Report Amendment No. 19 from Arcadis US, Inc. Attachments: Approved staff's recommendation Page 13Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.AE. 21-0762 FEMA Mandated Code Updates Related to National Floodplain Insurance Program (NFIP) and technical stormwater design engineering standards Recommended Action: County staff recommends that the Board authorize staff to set a public hearing to consider an ordinance amending the County Code incorporating the attached updated sections. Staff Report Attachment A Title IV Building Attachment B Chapter 901 Sec 901.03. Definitions Attachment C Chapter 910.10 Attachment D Chapter 912.08 Attachment E Chapter 930 SWM-Flood Indian River Adopting Shell Tables 930.1A-930.1B-930.1C Attachments: Approved staff's recommendation 8.AF. 21-0750 Resolution Cancelling Taxes on a Property Purchased by the City of Fellsmere for Public Purpose Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel current and future ad valorem taxes upon the publicly owned land, and the Clerk to send a certified copy of the Resolution to the Tax Collector and Property Appraiser so that the current ad valorem taxes and future ad valorem taxes may be cancelled. Staff Report Resolution Cancelling Taxes Letter from Fellsmere Attachments: Approved Resolution 2021-049, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (O’Haire) 8.AG. 21-0756 First Amendment to License with Vertical Bridge Recommended Action: The County Attorney’s Office recommends that the Indian River County Board of County Commissioners approve the First Amendment to License and authorize the chair to execute same, and any other documents necessary to effectuate the transaction, after review and approval by the County Attorney. Staff Report First Amendment to License Attachments: Approved staff's recommendation Page 14Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.AH. 21-0770 Approval of Temporary Policy Supplement for Emergency Housing Vouchers and Supporting Resolution Recommended Action: Staff recommends the Board approve the Resolution adopting the Temporary Policy Supplement for Emergency Housing Vouchers and authorize the Chairman to execute the Resolution on behalf of the Board. Staff Report Resolution Temporary Policy Supplement Emergency Housing Voucher Attachments: Approved Resolution 2021-050, approving a Temporary Policy Supplement for the Emergency Housing Voucher Program. 8.AI. 21-0771 Ahtna Marine Bid Bond Settlement Recommended Action: The County Attorney’s Office recommends that the Indian River County Board of County Commissioners approve the settlement and authorize the chair any documents necessary to effectuate the settlement, after review and approval by the County Attorney. Staff Report Ltr to Holden Moore Dylan Reingold dtd 4.29.21 Attachments: Approved staff's recommendation 8.AJ. 21-0782 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program for Fiscal Year 2022 Recommended Action: Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2022 and authorize the Chairman to execute the resolution on behalf of the Board. Staff Report Resolution Attachments: Approved Resolution 2021-051, approving payment standards for beginning Fiscal Year 2022 for the Housing Choice Voucher Program. Page 15Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.AK. 21-0776 Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2022 Recommended Action: Staff recommends the Board approve the utility rate resolution for Fiscal Year 2022 and authorize the Chairman to execute the resolution on behalf of the Board. Staff Report Resolution Attachments: Approved Resolution 2021-052, approving revisions to the Housing Choice Voucher Program Utility Allowance Schedule for Fiscal Year 2022. 8.AL. 21-0788 Ocean Concrete and George Maib v. Indian River County Recommended Action: The County Attorney’s Office recommends that the Indian River County Board of County Commissioners approve the proposed settlement of attorneys’ fees and costs and authorize the County Attorney to execute any documents necessary to effectuate such settlement. Staff ReportAttachments: Approved staff's recommendation 8.AM. 21-0778 Approval of Change Order # 3 for Radio System P25 Migration Project Recommended Action: Staff recommends the Board approve Change Order # 3 with Communications International Inc. Staff Report Change Order #3 Attachments: Approved staff's recommendation Page 16Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 8.AN. 21-0780 Go Life Holding LLC’s Request to Amend the Declarations of Restrictive Covenants on Certain Properties Previously Owned by SK Vero, LLC and Petrus Veros, LLC [AA-20-08-87 / 2004110281-87093] Recommended Action: Staff recommends that the Board of County Commissioners approve the requested amendment to the Restrictive Covenants, and hold the amended documents in escrow until the associated plat over site plan project (SP-MA-20-07-30 / 2004110281-87025) is approved by the Planning and Zoning Commission. Staff Report Location Map Draft Venetian Grove 160 Acre Property Draft Venetian Grove 81 Acre Property Attachments: Approved staff's recommendation 8.AO. 21-0766 Approval of the Special Olympics Florida Aquatic Championships Agreement for the Swimming Event to be held at the North County Aquatic Center and for the Opening Ceremony to be held at the iG Center Recommended Action: Staff respectfully recommends the Indian River County Board of County Commissioners accept the agreement with Special Olympics Florida Inc. and Indian River County and authorize the chair to execute the same. Staff Report 2021 Special Olympics Five Year Agreement Attachments: Approved staff's recommendation 8.AP. 21-0797 Approval of Blue Medicare Advantage Renewal Recommended Action: Staff recommends and respectfully requests that the Board approve the renewal of the Blue Medicare Advanced Platinum PPO plan effective October 1, 2021 through September 30, 2022 and authorize the Chairman to execute the renewal agreement Staff Report - Medicare Summary of Benefits Advanced Health Platinum Benefit Comparison Current vs. Platinum Attachments: Approved staff's recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS Page 17Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 21-0744 Home Occupation Preemption - Legislative Recommended Action: The County Attorney recommends that the Chairman open the public hearing, take input from the public, and then close the public hearing, and that the Board then approve the proposed ordinance as presented or as amended. Staff Report Proposed Ordinance Attachments: County Attorney Dylan Reingold relayed that Governor DeSantis had approved House Bill 403 (HB 403) which preempts local governments from regulating certain types of homebased businesses, effective July 1, 2021. Attorney Reingold noted that the proposed ordinance before the Board removed language which regulated businesses that were now preempted, and left regulations for non-preempted businesses untouched. Under discussion, the Commissioners received confirmation from Attorney Reingold and Community Development Director Phil Matson that the County would retain the ability to enforce nuisance regulations such as noise, parking, and traffic. It was also noted that signage must conform to Homeowner's Association rules or to the County's existing regulations, depending on the neighborhood. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to adopt Ordinance 2021-010, amending Section 911.13 (Special Districts) of Chapter 911 (Zoning) and Section 912.05 (Allowable uses: locations for single-family development and uses allowed in single-family areas) and Section 912.10 (Construction; building permit review, approval, inspection) of Chapter 912 (Single-Family Development) and Section 956.16 (Regulations for permanent identification signs requiring permits) of Chapter 956 (Sign Regulations) of the Code of Indian River County in order to exempt those home occupations exempt per State Statute; providing for conflict and severability; providing for codification; and providing for an effective date. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 18Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 10.A.2. 21-0754 Request from National Health Transport, Inc. for a Class "B" Certificate of Public Convenience and Necessity to Provide Non-Emergency Ambulance Inter-Facility Transports Originating from Indian River County -- Administrative Recommended Action: Staff recommends that the Board approve and grant a Class "B" COPCN to National Health Transport, Inc. for a period of two (2) years. Staff Report COPCN Application National Health Transport, Inc. Attachments: County Attorney Dylan Reingold referred to staff's memo dated August 6, 2021, as he apprised the Board of the relevant County code and procedure related to National Health Transport's (NHT) request for Class "B" certification. He stated that an investigation had been completed by staff, and the County's EMS director recommended approval of NHT's request. The Chairman opened the public hearing. The following spoke against approval: Charles Maymon, Vice President, All County Ambulance The following spoke in favor of approval:: Raul Rodriguez, President, National Health Transport Michael DeSouza, Operations Manager, National Health Transport There being no further comments, the Chairman closed the public hearing. Under discussion, the Commissioners expressed appreciation for the comments made. There was agreement that it was not the Board's place to interfere with market conditions, and to accept staff's investigation and recommendation. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, approved staff's recommendation. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 19Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 10.A.3. 21-0760 County Commissioner Districts - Proposed 2021 Redistricting Plan Recommended Action: The County Attorney recommends that the Chairman open the public hearing, take input from the public, and then close the public hearing, and that the Board then consider adoption of the proposed redistricting plan. Staff Report Plan 2021 Attachments: County Attorney Dylan Reingold sought the Board's approval of the proposed 2021 Redistricting Plan which included objectives, criteria, and a timeline. He noted that the purpose of this hearing was only to set forth a plan, and would not include discussion or maps of proposed districts. The Commissioners expressed support for the 2021 Plan, noting that the Board was elected by and served residents countywide, regardless of District. Chairman Flescher and Vice Chairman O'Bryan shared their experience from the last redistricting effort in 2011. The Chairman opened the public hearing. Elizabeth Siebert, candidate for County Commissioner, spoke on the needs of the Gifford neighborhood. Leslie R. Swan, Supervisor of Elections, provided clarification regarding campaign materials used during a redistricting year. Valerie Brant-Wilson, County resident, was advised that the data from the full census report would be used in conjunction with the criteria approved. She later received input from Attorney Reingold regarding the latest version of the 2021 Plan. Paul E. Carlisle, Sebastian City Manager, expressed support for the proposed criteria, and requested a copy of the detailed census report when available. Manny Anon, Sebastian City Attorney, thanked Attorney Reingold for sharing the criteria with the municipalities, and expressed his support. Mario Wilcox, County resident, discussed the issue of representation for jailed citizens and suggested that Attorney Reingold add the issue of the jailhouse population to the redistricting criteria. There being no further comments, the Chairman closed the public hearing. Page 20Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final Commissioner Adams reviewed the timeline with Attorney Reingold, and encouraged community participation. A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, to approve the proposed 2021 Redistricting Plan. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - B. PUBLIC DISCUSSION ITEMS 10.B.1. 21-0757 Request to Speak from JohnDre Jennings re: Single Member Voting Districts Recommended Action: No action required Public Discussion Request JenningsAttachments: Ms. JohnDre Jennings, on behalf of the Southern Christian Leadership Conference, had her colleagues distribute packets to the Board with information related to the PowerPoint presentation she gave via Zoom. Ms. Jennings discussed gentrification's effect on the history and culture of neighborhoods, and urged inclusive representation for the County's future generations. No Action Taken or Required 10.B.2. 21-0706 Request to Speak from Anthony Stewart, President of SCLC, IRC Chapter re: Single Member Voting Districts Recommended Action: No Action Required Public Discussion Request StewartAttachments: Mr. Anthony Stewart, President, Southern Christian Leadership Conference, advocated for a single member voting district to redress the lack of representation of black residents in County government. He noted the disparity of infrastructure and lack of commonality among the neighborhoods encompassed by District 2. No Action Taken or Required Page 21Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 10.B.3. 21-0755 Request to Speak from Johnny Blayne Jennings re: Single Member Voting Districts Recommended Action: No action required Public Discussion Request JB JenningsAttachments: Mr. Johnny Blayne Jennings discussed the lack of representation for Gifford, and increasing gentrification of the neighborhood. He advocated for a single member voting district which encompassed all the County's black communities from Oslo through Gifford to Wabasso. No Action Taken or Required 10.B.4. 21-0758 Request to Speak from Brother Gary Johnson re: Single Member Voting Districts Recommended Action: No action required Public Discussion Request JohnsonAttachments: Brother Gary Johnson, president, King Clergy, supported granting the residents of Gifford an equal voice in the County's government to foster growth and opportunity. He urged action for tangible results to support the African American community. No Action Taken or Required C. PUBLIC NOTICE ITEMS 10.C.1. 21-0737 Public Notice of Public Hearing Scheduled for September 14, 2021 to Consider Hanlex Development, LLC’s Request to Rezone Approximately ±2.34 Acres from CH, Heavy Commercial District, to CG, General Commercial District, located west of and adjacent to South US Highway 1, approximately 250 feet south of Highland Drive SE and approximately 700 feet north of 23rd Street SE and east of the FEC Railroad [RZON-2003090259-89653] (Quasi-Judicial) Recommended Action: The referenced public hearing item is provided for the Board’s information. No action is needed at this time. Staff ReportAttachments: County Attorney Dylan Reingold read the Notice into the record. No Action Taken or Required Page 22Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final The Chairman called a recess at 10:47 a.m., and reconvened the meeting at 11:14 a.m. with all members present. 11. COUNTY ADMINISTRATOR MATTERS 11.A. 21-0765 St. Lucie County Letter of Support Recommended Action: Staff recommends that the BCC review and approve, or approve with modifications, the draft letter to be signed by the BCC Chair and sent to St. Lucie County Staff Report - Proposed Letter St. Lucie Letter IRC Proposed Letter of Support Attachments: Kathleen Keenan, Legislative Affairs and Communications Manager, requested approval of a letter of support for St. Lucie County's efforts to identify and control sources of pollution from Class AA biosolids. Vice Chairman O'Bryan supported the letter, and also advocated for legislative support for education on responsible methods to safely treat and dispose of Class AA biosolids. Commissioner Moss suggested an alteration to the letter's greeting. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve and send the draft letter to St. Lucie County with the modification to change the greeting to "Dear Chairman." The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 23Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 11.B. 21-0787 American Rescue Plan Act of 2021 - Spending Plan Revisions Recommended Action: Staff recommends that the Board consider the proposed spending plan revisions as further detailed in the staff report totaling ($229,588), consider any changes, and approve the plan (with any amendments as needed) Staff Report - ARP Revisions ARP Act Spending Plan Attachments: Kristin Daniels, Director, Office of Budget and Management, reported a decrease in the amount of money the County would receive from the American Rescue Plan (ARP), as well as revised spending parameters from the Treasury Department which necessitated changes to the spending plan. Director Daniels continued on to provide details of the needed changes which included reallocating funds from reducing revenue-loss into roadway maintenance, more funding for responding to the public health emergency and workers performing essential work, as well as additional funds for the Supervisor of Elections Office. She noted that the biggest change in the plan involved the proposed purchase of the Fellsmere Inn for use by Indian River State College (IRSC) as a satellite campus focused on hospitality industry training. More information was given regarding how this purchase fit into the Treasury's parameters for ARP fund spending and IRSC's plan for its use. Commissioner Adams received additional information from Director Daniels regarding the reasons that paving unpaved roads was not permissible with ARP funds. The Commissioner then expanded on the benefits the Fellsmere Inn project would provide to the community, and requested to be included in future discussions. Assistant County Administrator Mike Zito provided clarification regarding the plan for the Inn, noting that a formal presentation would be made before the Board, and that the purchase was planned to be in the form of a grant. Chairman Flescher expressed support for the collaboration between the County and IRSC. Commissioner Moss received clarification from Director Daniels regarding the reduction in ARP funds, the increased allocation for EMT staff who had contracted Covid, and alternative projects to the Fellsmere Inn partnership. Casey Lunceford, IRSC Mueller Campus President, appeared before the Board to explain the due diligence process for the Fellsmere Inn project, training opportunities to serve the local hospitality industry, and the commitment to honor the historic location. He estimated that there would be more information regarding the path Page 24Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final forward by the end of the year. Vice Chairman O'Bryan and Commissioner Earman expressed the reasons they thought the Fellsmere Inn partnership was a good investment in the County's future. A motion was made by Commissioner Adams, seconded by Commissioner Earman, to approve staff's recommendation. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology 12.E.1. 21-0789 TIGR Acquisitions III, LLC Purchase and Sale Agreement for 810 Bailey Road Tower Recommended Action: Staff recommends that the Board of County Commissioners approve and execute the Purchase and Sale Agreement with TIGR Acquisitions II, LLC and authorize the County Administrator to execute the site license and easement agreements after the County Attorney has approved them as to form and legal sufficiency Staff Report - IT Purchase and Sale Agreement Attachments: County Attorney Dylan Reingold recounted the past usage of the County-owned Bailey Road Tower. He went on to inform that at the March 16, 2021 Commission meeting, the Board had approved entering into a Letter of Intent Agreement with TIGR Acquisitions III, and staff proceeded to negotiate a price of $4.1 million. He sought the Board's approval of the sales and purchase agreement, noting that details regarding easement and licensing provisions were still being worked out. 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: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 25Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final F. Office of Management and Budget G. Public Works H. Utilities Services 12.H.1. 21-0767 Request to Publish Notice of Public Hearing to Consider Modifications to County Code Sections 201.64 and 201.65, Prohibited Discharge Standards Recommended Action: Staff recommends the Board of County Commissioners (BCC) direct staff to work with the County Attorney’s Office to draft a revision to the Code to incorporate the dental amalgam and hazardous waste pharmaceuticals model language, as necessary. Staff further recommends that the BCC permit staff to schedule a public hearing on the matter for the September 21st BCC meeting Staff Report Draft Pharmaceutical Waste Ordinance Draft Dentist Amalgam Ordinance Attachments: Matt Jordan, Interim Director of Utility Services, presented his department's request to schedule a public hearing to modify the County's code regarding proper discharge of dental amalgam from dental facilities. The Florida Department of Environmental Protection (FDEP) provided language to incorporate into the revised code which would establish legal authority to enforce the rules regarding amalgam disposal. Chairman Flescher received confirmation from County Attorney Dylan Reingold that public hearings were advertised in the newspaper as well as on the County's website. A motion was made by Commissioner Adams, seconded by Commissioner Moss, to approve staff's recommendation. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 13. COUNTY ATTORNEY MATTERS Page 26Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 13.A. 21-0751 Planning and Zoning Commission Alternate Recommended Action: County staff recommends that the Board authorize staff to set a public hearing to consider an ordinance amending the County Code to permit alternates for the Planning and Zoning Commission. Staff ReportAttachments: County Attorney Dylan Reingold informed that the Planning and Zoning Commission (P&Z) often struggled to reach a quorum, and requested the Board's consideration and input regarding adding an alternate position. Commissioner Adams suggested adding an at-large alternate who would attend each meeting so they were up to speed, and that position would only vote in the absence of a quorum. She also suggested combining meetings with sparse agendas so that each meeting was more robust. Under discussion, the Board agreed on the need for an alternate member, and voiced support for having the at-large member vote only in the event of a regular member's absence. Attorney Reingold provided confirmation that there were rules regarding excessive P&Z Board member absences. A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, authorizing staff to set a public hearing to consider an ordinance amending the County Code to permit alternates for the Planning and Zoning Commission, with additional direction to add one (1) member from the public-at-large who would have voting rights and would be permitted to vote in the place of any absent member. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 27Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 13.B. 21-0759 Local Provider Participation Fund (LPPF) Ordinance Recommended Action: County staff recommends that the Board give direction to County staff as to whether to set a public hearing to consider a Local Provider Participation Fund ordinance on September 14th and draft a corresponding resolution for consideration on September 21st. Staff Report 6.17.21-Indian River County Support Letter - SRMC County Commissioners J Flescher Ltr GR 6.01.21 Indian River County LPPF - Encompass Health Special Assessment Memo_Indian River 6.1 Indian River Ordinance Attachments: County Attorney Dylan Reingold informed the Board that staff had been approached about enacting a Local Provider Participation Fund (LPPF) to assist county hospitals in recouping unreimbursed Medicaid costs. He gave an overview of the program and outlined the next steps which included scheduling public hearings for Ordinance adoption on September 14, 2021, an assessment Resolution on September 21, and drafting a Letter of Agreement by October 1, 2021. Attorney Reingold outlined some of staff's concerns regarding the impact to the County, and exposure to legal issues. The following speakers addressed the Board in favor of the program, and provided additional information: Daniel Knell, Florida Market President, Steward Health Warren Fuller, Chief Financial Officer, Cleveland Clinic Indian River Hospital Colleen Ernst, Adelanto Healthcare Ventures Under discussion, the Commissioners asked and received answers from the speakers regarding Medicaid reimbursement rates from the State and Federal governments, the role of the Florida Agency for Health Care Administration (AHCA), regional partnerships, estimated reimbursement amounts, and oversight for the redistribution of collected funds. The Commissioners received confirmation that the program would not be funded by taxpayers, and expressed their concerns regarding the complicated nature of the program. Attorney Reingold advised that the County was awaiting information from AHCA regarding whether this program would affect the amount of money the County contributed to the State for Medicaid. Vice Chairman O'Bryan noted during his motion that he was interested in more Page 28Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final information but could not guarantee his final approval. Attorney Reingold added that entities would be notified that proceeding to the next step was not a guarantee of County participation in the program. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to direct staff to set a public hearing to consider a Local Provider Participation Fund Ordinance on September 14, 2021, and draft a corresponding Resolution for consideration on September 21, 2021. The motion carried by the following vote: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - The Chairman called a recess at 12:35 p.m., and reconvened the meeting at 1:05 p.m. with all members present. Page 29Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 13.C. 21-0764 Permission to File an Injunction Against Angela Piscitelli Recommended Action: The County Attorney’s Office recommends that the Board of County Commissioners authorize County Attorney’s Office to file suit in circuit court for injunctive relief asking the court to (1) direct Angela Piscitelli to repair the existing septic tank on the Subject Property; (2) direct Angela Piscitelli to perform pump outs as often as is needed until the septic system is repaired should the residence remain occupied or; (3) enjoin the Subject Property from being occupied while there are exposed sanitary and safety nuisances related to septic system; (3) enjoin the Subject Property from being occupied until septic system is repaired by a certified septic contractor to service the existing structures; and (4) direct the county to abate the sanitary nuisance and lien the Subject Property for the abatement of said sanitary nuisance. Staff Report Complaint for Injunctive Relief Attachments: Assistant County Attorney Susan Prado presented background information on the sanitary nuisance caused by a malfunctioning septic system at the Piscitelli's residence located at 1916 79th Avenue. She recounted that after the Piscitellis failed to apply for financial assistance or take action to repair the septic system, the Department of Health (DOH) brought the case before the Environmental Control Hearing Board which directed the DOH to file an injunction. As the sanitary nuisance still had not been corrected, the County Attorney's Office was seeking the Board's approval to file suit in circuit court for injunctive relief. Under discussion, Vice Chairman O'Bryan questioned whether there was an alternate solution to achieve results since the property owners stated they could not afford the repairs. Attorney Prado advised of the efforts taken to assist the Piscitellis with obtaining grants and finding a septic repair company who would finance the work. Cheryl Dunn, Indian River County Health Department, noted that the family took temporary measures only after being forced to by subpoena. After further attempts to provide assistance to the family failed to result in action, the DOH sought relief through additional legal measures. County Attorney Dylan Reingold received confirmation from the Board that the County should not take action to fix the septic nuisance themselves. 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: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - Page 30Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 13.D. 21-0798 Acquisition of Right-Of-Way from Pamela Ryall Morris for Phase I of 66th Avenue Improvements - 6760 57th Avenue, Parcel 320 Recommended Action: Staff recommends the Board approve the above stated terms of the Purchase and Sale for the Morris property and authorize the County Administrator execute the completed Agreement for Purchase and Sale on behalf of the Board. Staff Report Aerial Photo Sketch and Legal Attachments: County Attorney Dylan Reingold presented the details of the purchase and sale agreement for right-of-way acquisition at 6760 57th Avenue for Phase I of 66th Avenue improvements. He noted that the negotiated price did not involve any fees or costs, per the Board's previous direction to maximize the return to the landowner. Vice Chairman O'Bryan expressed approval of the settlement terms. 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: Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman 14.A.1. 21-0729 BCC Presentation of St. John’s River Water Management District Central Springs/East Coast Regional Water Supply Plan Recommended Action: Discuss Commissioner's MemoAttachments: Chairman Joseph Flescher offered comments following the July 28, 2021 St. John's River Water Management District's (SJRWMD) public workshop regarding the region's water supply plan. He requested the Board's support to invite the SJRWMD to appear for a formal presentation when the water supply plan had been finalized. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to request that the St. John's River Water Management District appear before the Board to present the final version of their Central Springs/East Coast Regional Water Supply Plan. The motion carried by the following vote: Page 31Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final Aye: Commissioner Moss, Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Earman 5 - B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman Page 32Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 14.D.1. 21-0678 A New Proposal for Landscaping Companies in Agricultural Zones Recommended Action: Discuss Commissioner's Memo Attachment Attachments: Commissioner Joe Earman initiated a discussion to reexamine whether to continue allowing off-site landscaping businesses to be permitted as an accessory use on agricultural-zoned land. Commissioner Earman referred to his memo dated August 9, 2021 for background, analysis and suggested recommendations. He noted that in light of increasing development, he was requesting consideration of whether to preserve the integrity of agricultural land or redefine the allowable usage in a concise and enforceable manner. The Commissioners each in turn expressed their thoughts and opinions on the matter. Chairman Flescher reiterated his opposition to changing the regulations, stating that this was a code enforcement issue. Vice Chairman O'Bryan stated his support for eliminating commercial lawn care businesses on agricultural land to prevent abuse of accessory business permits; existing businesses would be grandfathered-in. Commissioner Adams expressed frustration that this topic was being revisited after seemingly being settled at the October 6, 2020 meeting, and repeated her position that the suggested code changes had been too narrow in scope and would stymie agricultural businesses. Commissioner Moss stated her support for maintaining the integrity of agricultural land. In answer to Vice Chairman O'Bryan's query, Code Enforcement Chief Andy Sobczak advised that grandfathered businesses could be repaired but not expanded. Community Development Director Phil Matson added that in the event a grandfathered business was destroyed, it could not be rebuilt. Lengthy discussion ensued regarding the best way to plan the future of agricultural-zoned land and protect legitimate supporting uses, while also allowing prospective residents to anticipate the types of allowable businesses. Commissioner Earman suggested that just eliminating new lawn care businesses, while grandfathering existing ones, would address the original complaint brought before the Board. Director Matson provided information on the county's matrix of allowable agricultural accessory businesses, as well as clarifying the impact of grandfathering existing businesses. A motion was made by Commissioner Earman, seconded by Vice Chairman O'Bryan, to amend the county code to eliminate lawn mowing services from the allowable accessory uses on agricultural-zoned land. Page 33Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final With a motion on the floor, Director Matson requested input from the Board regarding their preferred version of the several draft amendments to the code presented at the March 3, 2020 Board meeting. Commissioner Adams and Vice Chairman O'Bryan continued discussing the legacy of eliminating currently allowable businesses, and the limitations imposed on grandfathered businesses. The following people addressed the Board: Kelley Stolze - Caribbean Lawn and Landscaping Spencer Simmons, 7350 37th Street Ken Hendrix, 6220 1st Street SW Jodi Velde, 6300 1st Street SW Joseph Paladin, Black Swan Consulting Brett Hall - Creative Landscaping Brian Quant- 7020 37th Street Brian Stolze - Caribbean Lawn and Landscaping An agreement was reached to postpone a vote until Commissioners and staff had the opportunity to communicate clearly on specific details, as well as long-term objectives. Commissioner Earman withdrew his motion, stating he would like the chance to work with Director Matson and the residents who were in attendance to speak before the Board. He agreed that the visioning process may be a more appropriate time to discuss the future of agricultural-zoned land, and noted that the item would return if discussions proved it had merit. Tabled E. Commissioner Laura Moss The Chairman called a recess at 3:36 p.m., and reconvened the meeting at 3:46 p.m. with all members present. Page 34Indian River County Florida

August 17, 2021Board of County Commissioners Meeting Minutes - Final 14.E.1. 21-0791 IRC Administration Complex - Native Plant Garden Project Recommended Action: Discussion Commissioner's MemorandumAttachments: Commissioner Laura Moss introduced the Native Plant Garden presentation, and thanked the additional non-profit organizations which added their support. Pelican Island Audubon Society president Dr. Richard Baker displayed slides to provide an overview of the project and the landscape designer's credentials. Stephanie Dunn, Landscape Architect, Cadence, appeared via Zoom to walk the Board through the rationale and details of her firm's plan for the garden installation on the east side of County Administration Building A. Under discussion, the Commissioners expressed displeasure that the project had increased in scope and size after the Board had provided specific parameters at the May 18, 2021 meeting. The Board also questioned why staff was not presenting the design, as agreement had been reached that Commissioners should refrain from being involved in the development process. The Board clarified with Dr. Baker their expectations regarding the scope, management, and maintenance of the project. Director of Public Works Rich Szpyrka confirmed receiving a request for irrigation plans, but denied having seen the expanded design that was presented. [Clerk's note: Commissioner Adams was excused from the