HomeMy WebLinkAbout02/09/2021 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Meeting Minutes - Final
Tuesday, February 9, 2021
9:00 AM
Commission Chambers
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.
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
Rhonda D. Zirkle, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final February 9, 2021
1. CALL TO ORDER
Present: 5 - 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
2.11. INVOCATION
Reverend C. Michael York, First Presbyterian
3. PLEDGE OF ALLEGIANCE
Chairman Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved: Item I I .B. to be heard prior to I LA.
Items 15.A.1. and 15.A.2. to be heard following Item I I .A.
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:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 21-0212 Presentation of Proclamation Honoring William "Billy" Wilson, III
Recommended Action: Read and Present
Attachments: Proclamation
Chairman Flescher read and presented the Proclamation to family and friends of the
late William "Billy" Wilson, III, who each spoke of their respect for Mr. Wilson and
the legacy he left behind.
County Administrator Jason Brown expressed gratitude for Mr. Wilson's
contributions to the community, and he spoke of the impact the Wilson Family has
had on his life.
Read and Presented
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
6. APPROVAL OF MINUTES
Commissioner Moss stated that she had conversed with Clerk of the Circuit Court
and Comptroller Jeffrey R. Smith about making changes to the content/writing style
of the Meeting Minutes (minutes) in the future. Chairman Flescher pointed out
that such changes would need to be a decision that was agreed upon by the entire
Board; therefore, no changes would be made to the style of the minutes at the
present time.
County Attorney Dylan Reingold clarified the process for making changes to the
writing style of the minutes, confirming that the Clerk would need Board -approved
direction to alter the style of the minutes.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman,
to approve the Meeting Minutes of December 1, 2020 and December 8, 2020, as
written. The motion carried by the following vote:
Aye: 4 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Earman
Nay: 1 - Commissioner Moss
6.A. 21-0225 Regular Meeting of December 1, 2020
Recommended Action: Approve
Approved
6.B. 21-0229 Regular Meeting of December 8, 2020
Recommended Action: Approve
Attachments: 1208202OBCC Draft
Approved
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 21-0197 Proclamation Honoring William Russell Graves on His Retirement From Indian
River County Board of County Commissioners Department of Emergency Services
Fire Rescue Division with Thirty -One Years of Service
Attachments: Proclamation
Commissioner Earman congratulated Mr. William Russell 'Russ" Graves on his
retirement from the Indian River County Department of Emergency Services Fire
Rescue Division, making note of his devotion to the County for thirty-one years.
No Action Taken or Required
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
7.B. 21-0198 Health Department Annual Contract Amendments to include CARES Act Second
Amendment
Recommended Action: This item is for informational purposes only and requires no Board action.
Attachments: Staff Report
Health Department Annual Contract Amendments
No Action Taken or Required
7.C. 21-0219 Appointment of Alternate Member to the Indian River Lagoon National Estuary
Program Board of Directors
Recommended Action: Inform
Attachments: Commissioner Memorandum
Chairman Flescher announced that he had appointed Commissioner Joe Earman to
serve as the Alternate Member to the Indian River Lagoon National Estuary
Program Board of Directors.
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 presented. The motion carried by the following
vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.A. 20-2162 Request of Ownership Change from Falck Southeast II, Corp d/b/a All County
Ambulance for Present Class "E" and Class "B" Certificate of Public Convenience
and Necessity
Recommended Action: Staff recommends the Board of County Commissioners approve the change of
ownership and issue a new Class "E" and Class "B" COPCN certificate to reflect
the ownership change.
Attachments: Staff Report
COPCN Application
Approved staffs recommendation
83. 20-2167 Request of Ownership Change from Falck Southeast II, Corp d/b/a American
Ambulance Service for Present Class "E" and Class "B" Certificate of Public
Convenience and Necessity
Recommended Action: Staff recommends the Board of County Commissioners approve the change of
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Board of County Commissioners Meeting Minutes - Final
February 9, 2021
ownership and issue a new Class "E" and Class "B" COPCN certificate to reflect
the ownership change.
Attachments: Staff Report
COPCN Application
Approved staffs recommendation
8.C. 21-0200 Final Ranking of Firms and Authorization to Negotiate - Wabasso Scrub Area
Conservation Area Boardwalk (RFP 202100 1)
Recommended Action: Staff recommends the Board approve the final ranking of firms and authorize
negotiations with the top ranked firm and subsequently ranked firms, should
negotiations with the top ranked firm fail.
Attachments: Staff Report
Approved staffs recommendation with the final ranking of firms as follows:
Summerlin's Marine Construction, LLC; Hi -Tech Engineering; Kern's Construction
and Property Management Corp., Close Construction, LLC; and Underwater
Engineering Services, Inc.
8.D. 21-0215 Award of Bid Number 2021007 - Kroegel Homestead Improvements
Recommended Action: Staff respectfully requests that the Board of County Commissioners award bid
number 2021007 to PRP Construction Group, LLC in the amount of $234,444.50.
Staff further recommends that the Board approve the sample agreement and
authorize the Chairman to execute it after review and approval of the agreement by
the County Attorney as to form and legal sufficiency, approval of the required
public construction bond by the County Attorney, approval of the required
insurance by the Risk Manager, and after contractor has appropriately registered
with the Building Division.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
8.E. 21-0216 Notice of Grant Award from the Florida Blue Foundation - Park -Based Activities to
Decrease Loneliness in Vulnerable Seniors
Recommended Action: The funding in this grant agreement provides for total award of $195,000 and
requires no match of County Funds. Of the $195,000, $121,800 is for salary and
benefit costs for the Senior Wellness Coordinator position, and $61,500 is to fund
the purchase and installation of the two fitness zones. The balance of the funding is
to cover promotional and educational expenses and program supplies. A budget
amendment will fund the grant and expenditures in MSTU Fund/Recreation.
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
Attachments: Staff Report
Florida Blue Grant Agreement
Grant Form
Approved staffs recommendation
8.F. 21-0205 Approval of Resolution Adopting the 2021 Indian River County Emergency Plan
for Hazardous Materials
Recommended action: Staff recommends approval of the attached Resolution and the 2021 Indian River
County Emergency Plan for Hazardous Materials.
Attachments: Staff Report
Resolution 2021
Approved Resolution 2021-015, approving the Indian River County Emergency Plan
for Hazardous Materials.
8.G. 21-0232 Assignment and Extension of Lease between Lulich Attorneys & Consultants, P.A.
for the Building located at 1612 20th Street, Vero Beach, FL
Recommended Action: Staff recommends the Board approve the Assignment and Extension of Lease
between Lulich Attorneys & Consultants, P.A., Robert C. Clark and the County for
the building located at 1612 20th Street, Vero Beach, FL and authorize the
Chairman to execute the Assignment on behalf of the Board.
Attachments: Staff Report
Assignment and Extension of Lease
Memo to BCC on Assignment to Lulich 2021
Approved staffs recommendation
8.H. 21-0217 Revision to Administrative Policy AM -704.1 Sick Leave Donation
Recommended Action: Staff recommends the Board approve the revisions to Administrative Policy
AM -704.1 Sick Leave Donation
Attachments: Staff Report
704.1 Sick Leave Donation 2-1-21 markup
704.1 Sick Leave Donation 2-1-21 final
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
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9.A. 21-0224 Indian River County Sheriff Eric Flowers re: DEA Equitable Sharing Fund, County
Fund 121 -- Reserve DEA Equitable Share
Recommended Action: Request to use $55,990 from the DEA Equitable Sharing Fund to be used to equip
the Special Investigations Unit
Attachments: Sheriffs Memorandum
Indian River County Sheriff Eric Flowers thanked the Board for presenting the
family of Billy Wilson with a Proclamation, making mention that Mr. Wilson had
been a mentor to him for many years. He then referred to the Sheriffs
Memorandum dated February 3, 2021, to request $55,990 from the DEA Equitable
Sharing Fund for the purchase of two (2) vehicles from local dealerships. He
explained that the Sheriffs Office was expanding their drug unit operations, and
additional vehicles were needed.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
approve a request from the Sheriff to spend $55,990 from the DEA Equitable Sharing
Fund for the purchase of two (2) vehicles. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
10.6.1. 21-0218 Request to Speak by Barry Shapiro re: 3rd Annual Vero Beach Sock Drive
Recommended Action: No action required
Attachments: Request to S eak
Mr. Barry Shapiro announced the 3rd Annual Vero Beach Sock Drive to the
Board as a way to get the word out about the continuous need for socks in the
homeless and poor communities of the County. He told of the local businesses
accepting sock donations, the sponsors who have pitched in to help, and the
organizations benefiting from the mission.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
11.A. 21-0233 Provide Update Regarding COVID-19 Vaccinations
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
Recommended Action: Discuss
Attachments: Staff Report
County Administrator Jason Brown provided the Board with a COVID-19
vaccination update, and announced that 14.5% of the County's population had been
vaccinated. He utilized a PowerPoint presentation to provide the sign-up statistics
for the County's COVID-19 Vaccine Registration System, Everbridge, launched to
the public on February 5, 2021.
Commissioner Moss thanked Administrator Brown for the work he had done to
accommodate the needs and requests of the community, including the option for
individuals in the same household to have their appointments scheduled together.
Chairman Flescher concurred, and made mention of the positive feedback the
Commissioners had begun receiving. Administrator Brown acknowledged that he
was in collaboration with Information Technology Director Dan Russell,
Emergency Services Chief Tad Stone, and Miranda Hawker, Health Officer, Florida
Department of Health in Indian River County, to implement the Everbridge
program to reduce the anxiety the County residents had been feeling. Vice
Chairman O'Bryan suggested that staff should make updates available to announce
the date of registration currently being scheduled for vaccination appointments.
Administrator Brown agreed with the importance of continued communication with
those who had registered.
No Action Taken or Required
11.B. 21-0230 First Amendment to the Amended and Restated Facility Lease Agreement Jackie
Robinson Training Complex
Recommended Action: 1. Staff Recommends the Board of County Commissioners approve the attached First
Amendment to the Amended and Restated Facility Lease Agreement for the Jackie
Robinson Training Complex and authorize the Chairman to execute the Amendment; 2.
Staff requests that the Board of County Commissioners waive the requirement for bids
in order to allow Verotown to manage the additional projects under the Amendment and
to complete facility improvement projects contemplated by the Agreement and
Amendment as detailed in the staff report in a similar manner to the original approval
on December 18, 2018; 3. Staff recommends that the Board of County Commissioners
approve the Financing Plan detailed in the staff report to fund the County's
responsibilities under the agreement.
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
Attachments: Staff Report
First Amendment
Facility Lease Agreement Item from 12/18/18
(Clerk's Note: This item was heard prior to Item I1.A., and is placed here for
continuity.)
County Administrator Jason Brown referred to staffs memorandum dated February
1, 2021, to discuss the First Amendment to the Amended and Restated Facility
Lease Agreement (the Agreement) with Major League Baseball (MLB), doing
business as Verotown, LLC (Verotown). He stated that the changes included in the
amendment would be beneficial to the County as staff would no longer be
responsible for overseeing the projects. He pointed out that the Board would need
to waive the requirement for bids in order to allow project management by
Verotown, and there would be no changes to the original Financing Plan, approved
by the Board on December 18, 2018.
Commissioners Earman and Adams stated their satisfaction with the progress being
made at the Jackie Robinson Training Complex, formerly known as Historic
Dodgertown. Commissioner Moss discussed the County's partnership with MLB,
and she received clarification from Administrator Brown on the County's revenue
benefit and the purpose of waiving the bid requirements on the projects being
managed by Verotown. She voiced her opinion that projects being completed with
the use of public funds should go through a public process.
A motion was made by Commissioner Earman, seconded by Vice Chairman O'Bryan,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4 - Chairman Flescher, Vice Chairman O'Bryah, Commissioner Adams, and
Commissioner Earman
Nay: 1 - Commissioner Moss
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
R Office of Management and Budget
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
G Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 21-0223 Acquisition of Right -Of -Way from Steve and Terrianne Martin for Phase II of 66th
Avenue Improvements - 65th Street west of 66th Avenue, Parcel 304
Recommended Action: Staff recommends the Board approve the Agreement for the Martin property and
authorize the Chairman to execute the document on behalf of the Board.
Attachments: Staff Report
Agreement
Exhibits to Agreement
Deputy County Attorney Bill DeBraal referred to staff s memorandum dated
February 3, 2021, to address the details regarding the right-of-way acquisition of
Parcel 304, a.38 acre parcel of property owned by Terrianne and Steve Martin. He
explained that the property, currently being used for cattle grazing, was needed for
the 66th Avenue Improvements.
Attorney Bill Doney, outside eminent domain counsel for the County, spoke via
Zoom to support staffs recommendation that the Board approve the acquisition
agreement for Parcel 304.
Vice Chairman O'Bryan inquired about Murphy Deed Right -of -Way Reservations
on the parcel; Attorney DeBraal confirmed there were none. Each Commissioner
voiced their opinion regarding the inflated dollar amount being paid for pasture
land. Commissioner Moss inquired and received clarification from Attorney
DeBraal regarding the negotiation process. Vice Chairman O'Bryan acknowledged
that Parcel 304 was necessary for the 66th Avenue Improvements, and he
recommended that his fellow Commissioners vote to approve the Agreement. He
stated his opinion that a future Board should fight for a reasonable cost per acre
starting with the first land acquisition of the next major road improvement project.
County Administrator Jason Brown provided clarification on the land acquisition
process, making mention that staff had increased initial offers as an attempt to pay a
higher dollar amount to the property owner, and to pay less to the outside
companies being hired by the property owner. He agreed to continue reevaluating
the acquisition process.
Discussion continued among the Board and Attorney DeBraal, who explained to
Commissioner Earman the role an expert witness plays in land acquisitions.
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
A motion was made by Commissioner Adams, seconded by Commissioner Earman,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Earman, and
Commissioner Moss
Nay: 1 - Vice Chairman O'Bryan
14. COMMISSIONERS MATTERS
A. Commissioner Joseph E. Flescher, Chairman
B. Commissioner Peter D. O'Bryan, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph H. Earman
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
The Board of County Commissioners reconvened as the Board of Commissioners
of the Emergency Services District. The minutes will be approved at an upcoming
Emergency Services District meeting.
A. Emergency Services District
(Clerk's Note: The Emergency Services District items were heard following
the County Administrator Matters, and are placed here for continuity.)
15.A.1. 21-0226 Approval of Minutes Meeting of December 1, 2020
Recommended Action: Approve
Attachments: 12012020ESD Draft
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Adams, to approve the Meeting Minutes of December 1, 2020, as written. The
motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
15.A.2. 21-0202 Sole Source Purchase of Five (5) Stryker Lifepak 15 v4 Cardiac Monitors
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
Recommended Action: Staff recommends the Board declare asset numbers 26276, 26187, 26186,
25545 and 25544 as surplus, authorize their trade in and approve the sole
source purchase of five (5) Stryker Lifepak 15 v4 Cardiac Monitors.
Attachments: Staff Report
LP15 V4 QUOTE
Sole Source Letter
There was no discussion on this item.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Earman, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
The Board of Commissioners adjourned the Emergency Services District meeting
and reconvened as the Board of County Commissioners, resuming the meeting with
Item 13.A. Acquisition of Right -Of -Way from Steve and Terrianne Martin for Phase
Il of 66th Avenue Improvements - 65th Street west of 66th Avenue, Parcel 304.
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.
15.6.1. 21-0209 Approval of Minutes Meeting November 17, 2020
Recommended Action: Approve
Attachments: 11172020SWDD Draft
Approved
15.6.2. 21-0227 Approval of Minutes Meeting of December 1, 2020
Recommended Action: Approve
Attachments: 12012020SWDD Draft
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
A motion was made by Commissioner Adams, seconded by Vice Chairman
O'Bryan, to approve the Meeting Minutes of November 17, 2020, and December 1,
2020, as written. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
15.B.3. 21-0222 Award of Bid for Landfill Segment 3 Cell I Landfill Gas System Expansion
Project (Bid #2021006)
Recommended Action: Staff recommends that its Board approve the following: a) Approve award of
Bid No. 2021006 to Sterns, Conrad and Schmidt, Consulting Engineers, Inc.
dba SCS Field Services, of Reston, Virginia as the lowest responsive
responsible bidder for the Segment 3 Cell I Landfill Gas System Expansion
project for a grand total in the amount of $1,068,510.00; and, b) Approve and
authorize the Chairman to execute the sample agreement, as presented, pending
receipt of bonds and insurance requirements and final approval by the County
Attorney as to form and legal sufficiency
Attachments: Staff Report
CDM Smith 100 Percent Opinion of Probable Construction Cost
CDM Smith Evaluation of Bids
Sample Agreement
Director of Utility Services Vincent Burke referred to staff s memorandum
dated January 22, 2021, to discuss the bids that were submitted for the Landfill
Segment 3 Cell 1 Landfill Gas System Expansion Project. He recommended
that the Board approve the award of Bid No. 2021006 to Sterns, Conrad and
Schmidt, Consulting Engineers, Inc. dba SCS Field Services.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Earman, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
153.4. 21-0228 Amendment No 1 to Work Order No. 2 to CDM Smith, Inc.
Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the
following: a) Approve Amendment No. 1 to Work Order No. 2 with CDM
Smith Inc. in the amount of $139,190 to provide engineering services related to
Phase,2 of the Class I Landfill Segment 3, Cell 1 expansion of the landfill gas
collection system; and, b) Authorize the Chairman to execute the same, as
presented
Attachments: Staff Report
Amendment No 1 to Work Order No 2
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Board of County Commissioners Meeting Minutes - Final February 9, 2021
Director of Utility Services Vincent Burke referred to staffs memorandum
dated January 29, 2021, to request Board approval of Amendment 1 to Work
Order No. 2 with CDM Smith Inc.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
C. Environmental Control Board
16. ADJOURNMENT
Prior to the close of the meeting, Chairman Flescher announced that Sebastian City
Councilman Fred Jones had been in attendance.
There being no further business, the Chairman adjourned the meeting at 10:29 a.m.
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Board of County Commissioners Meeting Minutes — Final February 9, 2021
ATTEST:
Jeffrey R. Smith, 6A, CGFO, CGMA
Clerk of Circuit Court and Comptroller
BCC/RDZ/2021 Minutes
Approved: April 20, 2021
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