Chairman’s Meeting: April 20, 2022

Chairman’s Meeting: April 20, 2022

Indian River County Hospital District Conference Room/ Zoom
April 20, 2022
10:00 AM

TRUSTEES: Marybeth Cunningham Allen Jones
Ann Marie McCrystal Barb Bodnar
Kerry Bartlett

ZOOM: Samantha Mesena Eric Garza
Sabby Hightower Elise Mahovlich
Vicki Soule Kathy Orton
Karen Deigl Dan Bach

STAFF: Ann Marie Suriano Dawn Carboni
Kate Voss Jennifer Peshke, Esq.
Jennifer Frederick

ATTENDEES: Bill Stengel

Convene Meeting – Marybeth Cunningham, Chairwoman

Mrs. Cunningham convened the Chairman’s meeting of the IRCHD Board of Trustees at 10:00 AM by welcoming those participating via Zoom and in person.

Mrs. Cunningham stated that there is a change to today’s agenda and the consent agenda usually approved at the regular monthly meeting, will be voted on today. This is due to the fact that there may not be a quorum at tomorrow night’s board meeting. Therefore, she asked for a motion to approve the Chairman’s meeting minutes dated March 16; regular monthly meeting minutes dated March 17, and an April disbursement of $1,501,842.16. Ms. Bartlett made the motion, which was seconded by Mr. Jones. The motion carried unanimously.

FY 22-23 Funding Request Presentations
Miss B’s Learning Bees – LaToya Bullard, Executive Director

Ms. Bullard addressed the board and provided a brief history of her professional career and education. She also provided an overview of Miss B’s Learning Center and stated that its mission is to assist children and families from high poverty communities, with access to academic support and behavioral health services. She further discussed the Community Outreach Academic Enrichment program which provides after school programs and behavioral health services, which are critical to early detection and intervention for children living in high poverty areas in Indian River County. She explained that they currently do not have a space which allows for privacy when addressing a behavioral health issue with the students and their families. Having this space would allow for a specific area to have one-on-one intervention with the child and provide them with additional support. She stated that the funding request of $15,000 would be used to rent a new location, which would be solely for behavioral health services. There were further questions and discussion from the Trustees concerning the operations and other programs offered at Miss B’s. The trustees agreed that she was providing a needed service in the community and thanked her for the presentation.

Outline and Presentation on Process to Sell District Owned Surplus Real Property- Jennifer Peshke, Esq.

Mrs. Peshke stated that she prepared a memo and PowerPoint presentation concerning discussions from last month’s Chairman’s meeting, asking for clarification on the process to sell District owned property. Today’s discussion is solely focused on the sale of surplus property and not a property that is not part of the hospital campus, which would trigger the provisions of Section 155.40, F.S., causing a public referendum. She clarified that not all District owned property is classified as surplus property. Ms. Peshke explained that the property in question is the vacant parcel that is currently leased under the Hospice House agreement with the VNA, and that the Special Act and the Amended and Restated Lease Agreement allows for the District to sell the property. The special Act states that the Board of Trustees are authorized to sell such rights in real or personal property by a resolution that determines the property is surplus and is no longer useful to the District She further explained that pursuant to the Amended and Restated Lease Agreement the District has granted the VNA an option to purchase and the right of first refusal on the property. Therefore, it is her opinion that the sale of vacant real property deemed surplus property will not trigger the provisions of Section 155.40, Florida Statues and a referendum and a public hearing will not be necessary to complete the sale of the subject surplus property. Also, pursuant to the provisions of the Special Act, the District may sell the real property by resolution stating that the subject real property is no longer useful to the District.

There was Trustee discussion and some asked for clarification on the term surplus property and how the District would deem the property as the same. She reviewed the definition of surplus property and stated that a resolution would need to be drafted and brought before the board for approval outlining the same. Then the resolution would need to pass with a majority of the Trustees approving the same. She then discussed the matters of the VNA’s option to purchase or right of first refusal, pursuant to the Amended and Restated Lease Agreement. She stated that if the VNA request to exercise the option to purchase, the option must be exercised prior to the termination of the lease. The District shall not unreasonably withhold or deny the VNA’s request to exercise its Option to Purchase and the purchase price shall be deemed by fair market value. She then discussed the matter of CCIRH also having the right of first refusal of the property but stated that they are close to finishing negotiations that would allows the VNA right of first refusal. CCIRH would then have the right of first refusal if the VNA chose to sell the property. All parties have agreed to this, but it has been held up by the Cleveland Clinic legal team in Cleveland. Ms. Cunningham indicated that she would be contacting them to try and speed up the process. Lastly, Ms. Peshke stated the only other way around this would be the VNA coming to the District with an offer to purchase which would trigger CCIRH having to make a decision to purchase or give up their rights. Most of the Trustees were not comfortable moving forward with any further action until the matter with CCIRH was concluded and the right of first refusal was solely with the VNA. Mrs. Peshke stated that she will keep the Trustees updated on the process and hopes things will be concluded within the next month.

Public Comment & Adjourn

Mrs. Cunningham asked for public comment and there was none. The meeting was adjourned at 11:10 AM