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 Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 9:00 AM Commission ChambersTuesday, November 10, 2020 This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. 1. CALL TO ORDER Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari Present: 5 - 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Gregory Shreaves, Living Lord Lutheran Church 3. PLEDGE OF ALLEGIANCE Jason Brown, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS County Administrator Jason Brown made mention that Item 8.E. had been removed from the Agenda at the request of the applicant. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Agenda as presented. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - Page 1Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 4.A. 20-2086 Deletion: Corrective Resolution for Release of an Easement Located at 3755 9th Street SW (Clerk's Note: This item was originally on the Agenda as Item 8.E.; it was deleted prior to the meeting as requested by the applicant.) Deleted 5. PROCLAMATIONS and PRESENTATIONS 5.A. 20-2098 Presentation of Proclamation Honoring Tim Zorc, Commissioner of District 3 ProclamationAttachments: Chairman Adams read the Proclamation to District 3 Commissioner Tim Zorc, who was presented with a commemorative plaque for his eight (8) years of service to Indian River County. Each member of the Board, County Administrator Jason Brown and County Attorney Dylan Reingold thanked Commissioner Zorc for his service to the community and for always conducting himself professionally. They pointed out that Commissioner Zorc was a forward thinker and a committed advocate for all that he believed in. Commissioner Zorc spoke on his appreciation for the kind words from his fellow Commissioners and County staff, and for the great work being done by all. He also thanked his family for their support during the eight (8) years he had served the residents of Indian River County. Read and Presented Page 2Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 5.B. 20-2100 Presentation of Proclamation Honoring Bob Solari, Commissioner of District 5 ProclamationAttachments: Commissioner O'Bryan read the Proclamation to District 5 Commissioner Bob Solari, who was presented with a commemorative rock to show appreciation for his 12 years of service to Indian River County. Jackie Solari spoke proudly about her husband. She also thanked the citizens, Commissioners, and County staff for their support during Commissioner Solari's tenure. The following individuals congratulated Commissioner Solari and pointed out his accomplishments, dedication, and the impact he has had on Indian River County: Mr. John Kissler, Mr. Joseph Paladin, Mr. Glenn Heran, Mr. Anthony Brown, Mr. Bart Gaetjens, Ms. Kate Cotner, County Administrator Jason Brown, Assistant County Administrator Mike Zito, and County Attorney Dylan Reingold. His fellow Commissioners also extended their congratulations for a job well done in making Indian River County a better place to live. Commissioner Solari discussed some of what he had learned during his time as an elected official. In addition, he thanked the citizens of Indian River County and numerous others including his wife, Jackie, for making it a rewarding experience. Read and Presented 5.C. 20-2027 Presentation of Proclamation Designating November 11th, 2020, as Veterans Day ProclamationAttachments: Vice Chairman Flescher read and presented the Proclamation to Marty Zickert, Chairman of the Veterans Council of Indian River County, who spoke on the events happening to commemorate Veterans Day, the services they provide, and his appreciation for the local support they receive. Presented 5.D. 20-1951 Presentation of Proclamation Designating November 10, 2020 as Impact 100 Day ProclamationAttachments: Commissioner Solari read and presented the Proclamation to Gladys LaForge, President, Impact 100 of Indian River County, Inc., who was accompanied by members of their Board of Directors. Presented Page 3Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final Chairman Adams called for a recess at 10:25 a.m., and reconvened the meeting at 10:32 a.m., with all members present. 6. APPROVAL OF MINUTES A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Budget Workshop Meeting Minutes of July 15, 2020, Regular Meeting Minutes of August 18, 2020, Regular Meeting Minutes of September 15, 2020, and Preliminary Budget Hearing Meeting Minutes of September 16, 2020, as written. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 6.A. 20-2084 Budget Workshop Meeting of July 15, 2020 07152020BudgetWorkshop_GranicusAttachments: Approved 6.B. 20-2075 Regular Meeting of August 18, 2020 08182020BCC_DraftAttachments: Approved 6.C. 20-2087 Regular Meeting of September 15, 2020 09152020BCC_GranicusAttachments: Approved 6.D. 20-2110 Preliminary Budget Hearing Meeting Minutes of September 16, 2020 09162020PrelimBdgt_GranicusAttachments: Approved 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 20-2046 Proclamation Honoring Deborah Rafuls on Her Retirement From Indian River County Board of County Commissioners Department of General Services North Indian River County Library with Thirty Years of Service ProclamationAttachments: Chairman Adams congratulated Ms. Deborah Rafuls on her retirement, thanking her for thirty years of service to the citizens of Indian River County. No Action Taken or Required Page 4Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 7.B. 20-2083 Order PSC-2020-0398-PCO-EI suspending FPL's tariff; docket to remain open pending Commission's final action. 11503-2020Attachments: No Action Taken or Required 7.C. 20-2107 Update on Brightline Trains Expenses Staff Report Brightline Trains Expenses Attachments: No Action Taken or Required 7.D. 20-2116 Indian River County Venue Event Calendar Review Venue Event Calendar ReviewAttachments: No Action Taken or Required 8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 8.A. 20-2096 First Amendment to Agreement for Visitor and Tourism Study Staff Report FIrst Amendment to Agreement Attachments: Approved staff's recommendation 8.B. 20-2097 Award of Annual Bid 2021004 for Mowing at Fire Rescue Stations Staff ReportAttachments: Approved staff's recommendation 8.C. 20-2089 Florida State University - Sea Turtle Lighting Study Staff Report STLP Grant Letter of Support Attachments: Approved staff's recommendation Page 5Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 8.D. 20-2106 Grant Application for Funding Assistance from the State of Florida Beach Erosion Control Program - FY 2021/2022 Staff Report Sector 3 Funding Resolution Attachments: Approved Resolution 2020-093, requesting assistance from the State of Florida Beach Erosion Control Program - FY 2021/22 8.F. 20-2108 First Amendment to Agreement between Indian River County, Florida, and Vero Beach MOB, LLC, for Vero Beach Medical Office Building Staff Report First Amendment to Agreement Vero Beach MOB LLC Attachments: Approved staff's recommendation 8.G. 20-2091 Resolutions Cancelling Taxes on Properties Purchased for Public Purpose (58th Avenue Right-Of-Way from Paulette Brown, an unmarried woman; and 45th Street/Old Dixie Highway Right-Of-Way Cornerclip from Gene Perry, Joined by his Spouse, Iva J. Powell; and Kenneth L. Johnson) Staff Report Resolution (Paulette Brown) Resolution (Perry, Powell, Johnson) Attachments: 1) Approved Resolution 2020-094, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Brown) 2) Approved Resolution 2020-095, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Perry, Powell, & Johnson) 8.H. 20-2092 Resolution Cancelling Taxes on Property Purchased for Public Purpose (Right-Of-Way at Southeast Corner of 58th Avenue and 37th Street from Jennifer L. Schoenfeld and Heath Schoenfeld, wife and husband) Staff Report Resolution (Schoenfeld) Attachments: Approved Resolution 2020-096, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Schoenfeld) 8.I. 20-2112 Approval of Developer's Agreement with Florida Power & Light for the FPL Indian River Service Center Staff Report Developer's Agreement Exhibit "B" to Developer's Agreement Attachments: Approved staff's recommendation Page 6Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES In addition to thanking Commissioner Zorc and Commissioner Solari for serving the citizens of Indian River County, the Constitutional Officers updated the Board on changes made in their respective offices to accommodate staff and the public during the pandemic. 9.A. 20-2102 Indian River County Property Appraiser Wesley Davis re: Annual Fiscal Report for the Year Ended September 30, 2020 Annual ReportAttachments: Property Appraiser Wesley Davis, along with numerous members of his staff, presented the Board with a check in the amount of nearly $180,000 to represent funds being returned to the taxpayers of Indian River County. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to accept the Annual Fiscal Report and the return of $179,723.00 from the Indian River County Property Appraiser. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 9.B. 20-2090 Indian River County Sheriff Deryl Loar re: Annual Fiscal Report for the Year Ended September 30, 2020 Excess Fees Report Annual Fiscal Report Attachments: Sheriff Deryl Loar presented the Board with excess funds in the amount of $531,057.55, acknowledging that the majority of the returned dollars was due to a reduction in travel during the COVID-19 pandemic. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to accept the Annual Fiscal Report and the return of $531,057.55 from the Indian River County Sheriff's Department. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - Page 7Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 9.C. 20-2101 Indian River County Supervisor of Elections Leslie Rossway Swan re: Annual Fiscal Report for the Year Ended September 30, 2020 Excess Fees ReportAttachments: Supervisor of Elections Leslie Rossway Swan presented the Board with excess funds in the amount $46,224.09, representing tax dollars being returned to the County. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to accept the Annual Fiscal Report and the return of $46,224.09 from the Indian River County Supervisor of Elections. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 9.D. 20-2099 IRC Tax Collector Carole Jean Jordan re: Annual Fiscal Report for the Year Ended September 30, 2020 Annual Fiscal Report Excess Fee Report Attachments: Tax Collector Carole Jean Jordan, along with several members of her staff, presented the Board with a check in the amount of $2,867,653.28, representing funds being returned to the County. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to accept the Annual Fiscal Report and the return of $2,867,653.28 from the Tax Collector of Indian River County. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 9.E. 20-2103 Indian River County Clerk of Circuit Court & Comptroller Jeffrey R. Smith re: Annual Report and Excess Fees for the Year Ended September 30, 2020 Annual Report and Excess FeesAttachments: Clerk of Circuit Court & Comptroller Jeffrey R. Smith, accompanied by members of his staff, presented the Board with a check in the amount of $262,922.30, which represented funds being returned to the County. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to accept the Annual Fiscal Report and a return of $262,922.30 from the Indian River County Clerk of the Circuit Court and Comptroller. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 10. PUBLIC ITEMS Page 8Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final A. PUBLIC HEARINGS PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10.A.1. 20-2074 Biosolids Moratorium Extension Ordinance - LEGISLATIVE Staff Report Draft Biosolids Moratorium Ordinance Attachments: County Attorney Dylan Reingold announced the details related to the public hearing, and he stated his recommendation to adopt the proposed Ordinance to extend the temporary Class B biosolids moratorium for 180 days. Commissioner O'Bryan recommended that the biosolids moratorium be extended for a period of one (1) year, expiring January 1, 2022. Attorney Reingold was supportive of the Commissioner's recommendation. Commissioner Zorc and Commissioner Solari pointed out that the parties responsible for spreading the pollutants should also be responsible for the remediation. Chairman Adams opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to adopt amended Ordinance 2020-016, authorizing an extension of the temporary moratorium for an additional 1 year, or until a comprehensive review of the impact on the County's ecosystem is completed, within the unincorporated areas of Indian River County prohibiting land application activities of Class B biosolids; providing for additional study and possible regulation of Class B biosolids application activities; providing for exhaustion of administrative remedies; and providing for severability, repeal of conflicting provisions, and an effective date. The motion carried by the following date: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS Page 9Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 10.C.1. 20-2094 Public Notice of Public Hearing Scheduled for November 17, 2020 re Face Covering Ordinance - LEGISLATIVE Staff ReportAttachments: County Attorney Dylan Reingold read the Public Notice of Public Hearing into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 11.A. 20-2080 CARES Act Phase 2 - Proposed Spending Plan Revisions Staff Report IRC CARES Act $28M Spending Plan COVB CARES Act Amendment Town of Orchid CARES Act Amendment Town of Orchid--Budget Modification- Second Allocation Attachments: County Administrator Jason Brown referred to staff's memorandum dated November 2, 2020, as he explained revisions to the CARES Act Spending Plan following guidelines he had received from the State. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 12. DEPARTMENTAL MATTERS A. Community Development Page 10Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 12.A.1. 20-2093 Discussion of Development, Visioning, and Service Delivery Issues Staff ReportAttachments: Community Development Director Phil Matson opened his presentation by thanking the departing Commissioners for their unwavering support of the Metropolitan Planning Organization (MPO) and its programs, such as growing the GoLine public transportation system and advocating for walking trails and bike lanes on major roadways. He then provided an overview of staff's memorandum dated November 2, 2020, and a PowerPoint presentation to discuss in detail the facts and strategies for planning for growth within the County. Discussion ensued among the Commissioners, who addressed their concerns and ideas for making Indian River County the best place to live for individuals of all economic ranges. Commissioner Solari and Commissioner O'Bryan spoke in support of reaching out to major landowners for feedback on what the County could do to better serve them. Chairman Adams stated that the municipalities have individual needs, which are also the needs of the County. The Commissioners expressed their appreciation for the work put into the informative presentation. No Action Taken or Required Chairman Adams called for a recess at 12:30 p.m., and reconvened the meeting at 12:34 p.m., with all members present. B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS Page 11Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 13.A. 20-2109 Third Addendum to Agreement between Indian River County and REDEVGROUP, Inc. for Lot 5, Plat of Indian River Mall Staff Report Third Addendum to Agreement Second Amendment and Restatement of Declaration Attachments: Deputy County Attorney Bill DeBraal requested approval of an addendum that would increase the allowable square footage from 7,200 to 7,800 for a building proposed to be constructed on the parcel of land (Lot 5, Indian River Mall) owned by REDEVGROUP, Inc. Commissioner O'Bryan inquired and received clarification that the average size of all buildings on the parcel would remain at 7,200 square feet or less, and he suggested approving the maximum square footage at slightly more than the requested amount of 7,800 to avoid having to reconvene for a minor increase. Commissioner Solari felt that 8,000 square feet was a sufficient number, with his fellow Commissioners in agreement. Joeseph Cataldo, representing REDEVGROUP, Inc., was appreciative of the Board's cooperation. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve staff's recommendation with a change to the Third Addendum to state that no single building footprint shall exceed 8,000 square feet. The motion carried by the following vote: Aye: Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5 - 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc Page 12Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final 14.C.1. 20-2113 Discussion on Locating an Inter-County Emergency Services Facility in the Vicinity of Yeehaw Junction Commissioner's memoAttachments: (Clerk's Note: This item was moved to be heard following Item 10.C.1. Public Notice Items.) Commissioner Zorc talked of an Inter-County Emergency Services Facility in the vicinity of Yeehaw Junction to reduce the lengthy response time in a medical emergency. He requested approval by the Board to allow Emergency Services Director and Fire Chief Tad Stone the freedom to discuss an inter-county facility with officials from the adjoining three (3) counties: Okeechobee, St. Lucie, and Osceola. Discussion among the Board included Commissioner Solari stating that in order to support the request, he would need statistics on the average number of emergency calls per year to the Yeehaw Junction area. Vice Chairman Flescher mentioned the positive relationship for mutual aid from both Osceola County and the Florida Highway Patrol. He also pointed out that two (2) new fire stations needed to be built within the County. Chief Stone expressed interest in having conversations with neighboring County Fire and Rescue Chiefs for a possible mutual aid plan to be implemented several years down the road. The Board had no objection to conversations between Chief Stone and the emergency officials from neighboring counties. No Action Taken or Required 14.C.2. 20-2114 Closing Comments Commissioner's memoAttachments: Commissioner Zorc spoke of the many successes during his tenure, making mention of the projects/programs that were close to completion. He closed by reiterating his dislike of the Impact Fee increase that went into effect earlier in 2020. No Action Taken or Required D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS Page 13Indian River County Florida

November 10, 2020Board of County Commissioners Meeting Minutes - Final A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT There being no further business, Chairman Adams adjourned the meeting at 12:46 p.m. Page 14Indian River County Florida