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HomeMy WebLinkAbout02/16/2021 (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 16, 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 Rand! Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes - Final February 16, 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.B. INVOCATION Pastor Joe Moore, Rivers of Living Waters Ministry 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Commissioner Adams, seconded by Commissioner Moss, to approve the 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 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA A motion was made by Commissioner Adams, seconded by Commissioner Moss, 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. 21-0231 Request for Release of an Easement Located at 11425 Old Dixie Highway Recommended Action: Staff recommends that the Board, through adoption of the proposed resolution, approve release of the conservation easement described in the proposed resolution. Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final February 16, 2021 Attachments: Staff Report Aerial Map with Conservation Easement Recorded Conservation Easement Proposed Resolution Releasing Easement Approved Resolution 2021-016, releasing an easement located at 11425 Old Dixie Highway (Spirit of Sebastian, LLC). 8.B. 21-0214 Award of Bid 2021021 for Operations of the Biosolids Dewatering Facility, Sludge Dewatering and Hauling Recommended Action: Staff recommends the Board award Bid 2021021 to Synagro South, LLC, 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 by the County Attorney as to form and legal sufficiency. Attachments: Staff Report Sample Agreement Approved staffs recommendation 8.C. 21-0246 Modification to Purchase of Enviro-Blocks from Inter -Block Retaining Systems, Recommended Action: Staff recommends that its Board approve the additional work and the estimate from Inter -Block Retaining Systems, and authorize the Purchasing Manager to encumber the additional $15,420 via purchase order. Attachments: Staff Report Proposal from Inter -Block Retaining Systems, Inc. Approved staffs recommendation 8.D. 21-0221 Renewal of Lease Agreement 26015 1 st Avenue, Vero Beach, FL 32966 Tenants: Nick Pappas and Ember Pappas RecommendedAction: Staff recommends the Board approve the Renewal of Lease Agreement for the property located at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute the Renewal of Lease Agreement on behalf of the Board. Attachments: Staff Report Renewal of Lease Agreement Approved staffs recommendation 8.E. 21-0242 Work Order No. 6, Ecological Associates, Inc. Habitat Conservation Plan Sea Turtle Monitoring North and South County Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 6 to the contract with Ecological Associates, Inc. in the amount of $58,252.25, and Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes — Final 8.F. authorize the Chairman to sign on behalf of the County Attachments: Staff Report HCP Sea Turtle Monitoring Proposal Agreement Execution Approved staffs recommendation February 16, 2021 21-0244 Sector 3 Beach and Dune Restoration Project (IRC 1925) APTIM, Work Order No. 2018006-9, Immediate Post -Construction Environmental Monitoring Recommended Action: Staff recommends the BCC authorize Work Order No. 2018006-9 in the total lump sum amount of $318,818.51. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018006-9 Attachments: Staff Report APTIM Work Order No. 2018006-9 WO No. 2018006-9 Agreement Execution Approved staffs recommendation 8.G. 21-0245 Sector 5 Beach and Dune Restoration Project (IRC1923) APTIM, Work Order No. 2018029-8, Year 1 Post -Construction Environmental Monitoring Recommended Action: Staff recommends the BCC authorize Work Order No. 2018029-8 in the total lump sum amount of $163,346.27. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-8 Attachments: Staff Report APTIM Work Order No. 2018006-9 Agreement Execution Approved staffs recommendation 8.H. 21-0241 South County Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Delays Recommended Action: Staff recommends that the Indian River County Board of County Commissioners approve withholding $100,080 from All Webbs Enterprises, Inc. and to allow a final payout of $206,623.98 Attachments: Staff Report Kimley-Horn Letter Approved staffs recommendation Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final February 16, 2021 8.1. 21-0243 Roseland Road Sewer Expansion Cost Share Agreement between Indian River County and City of Sebastian Recommended Action: Staff recommends the Board of County Commissioners approve the Roseland Road Sewer Expansion Cost Share Agreement Attachments: Staff Report Cost Share Agreement Force Main Extension Map Estimated Cost Allocation Approved staffs recommendation 8.J. 21-0251 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 seeking jurisdiction with the Florida Supreme Court. Attachments: Staff Report Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 21-0254 Applications for Citizen Member to the Value Adjustment Board Recommended Action: Approve Attachments: Staff Memorandum Application Wykoff Resume Wykoff Application Mucher Resume Mucher Resignation of Joseph Leo George County Attorney Dylan Reingold introduced the item on behalf of the Clerk to the Board. There was no discussion regarding the nominees. A motion was made by Commissioner Earman, seconded by Vice Chairman O'Bryan, to appoint William R. Wykoff to the position of Citizen Member to the Value Adjustment Board. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 93. 21-0256 Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith re: Jury Scam Warning Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final February 16, 2021 Recommended Action: no back-up, presentation only Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, appeared before the Board to issue a public notice of a phone scam targeting citizens who failed to attend juryduty. He recounted a victim's account of the call she had received directing her to pay bogus fines and court costs over the phone. Mr. Smith advised that juror communication from the Court is done in writing, never by phone, and urged citizens to report any such calls to the Clerk's office. Staff agreed to post a scam warning to the County's website. No Action Taken or Required 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 21-0253 Update Regarding COVID-19 Vaccinations Recommended Action: Discuss Attachments: Staff Report County Administrator Jason Brown provided an update on the statewide and local COVID vaccination efforts. He noted that County's vaccination rate was outpacing the State's rate, with additional vaccine locations due to come online in the future. His report also covered updates on the County's registration system, a call center phone line mix-up, vaccination calendar update, a sample of the vaccination appointment offer, and wait list metrics. Cheryle Halleran addressed the Board with the difficulty she experienced trying to register for the wait list via analog phone, and her efforts to solve the problem. She requested that the Board consider ways to reach those residents who cannot be contacted digitally. Discussion ensued among the Commissioners regarding the State's Sharecare registration system, strides made in the vaccination appointment system, appreciation for citizen volunteers, and the increase in positive community feedback. Peter Robinson, County resident, addressed the Board with praise for the County's vaccination process. Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final February 16, 2021 No Action Taken or Required 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget 12.F.1. 2021/2022 Budget Workshop/Hearing Schedule Attachments: Staff Report Management and Budget Director Kristin Daniels presented the dates for the 2021/2022 Budget Workshop and Hearings. Director Daniels and the Board discussed the County's positive relationship with newly -elected Indian River County Sheriff Eric Flowers. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to approve the budget workshop and budget hearing dates for the 2021/2022 Fiscal Year. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss G Public Works 12.G.1. 21-0237 Indian River County Courthouse Renovations Project (IRC -1728) Release of Retainage and Change Order No. 1 Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 15 to W&J Construction Corp. in the amount of $75,862.42 for release of retainage. Attachments: Staff Report Change Order No. 1 Change Order No. 1 Public Works Director Richard Szpyrka presented a timeline and photographs of the completed renovations at the County Courthouse. Director Szpyrka Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final February 16, 2021 gave kudos to Project Manager Kirstin Leiendecker. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, 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 12.G.2. 21-0240 Presentation Regarding Indian River County Welcome Signs, IRC -1816 Recommended Action: No recommendation from staff is provided for this Board update. However, input is always welcome. Attachments: Staff Report Public Works Director Richard Szpyrka shared photographs of the four (4) newly -installed Indian River County welcome signs. He noted that feedback from the community had been positive. No Action Taken or Required H. Utilities Services 12.H.1. 21-0250 TV Truck Buyback Option with Envirosight Recommended Action: Staff recommends that the Indian River County Board of County Commissioners (BCC) authorize staff to exercise the buyback option under which Envirosight Products Group, Inc., would be required to pay the County $167,544.25. Staff recommends that the BCC authorize the County Administrator to sign any paperwork needed to validate the return Attachments: Staff Report Utility Services Director Vincent Burke appeared before the Board to detail his department's continual problems with closed circuit television (CCTV) equipment purchased from Envirosight Products Group, Inc. Director Burke explained that the TV equipment, which was retrofitted onto an existing truck, was an important tool used to assess the condition of the County's sewer system. He sought approval to utilize Envirosight's buyback option to return the CCTV truck and recoup 70 percent of the cost. Vice Chairman O'Bryan received confirmation from County Attorney Dylan Reingold that exercising the buyback option was preferable to pursuing litigation with Envirosight. Commissioner Earman asked and received answers from Director Burke regarding his department's plan to move forward with a truck from a different provider. A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final February 16, 2021 Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 12.H.2. 21-0252 Utility Accounts Receivable Bad Debt Recommended Action: Staff recommends that the Indian River County Board of County Commissioners accept all recommendations given in the staff report Attachments: Staff Report Attachment 1 Draft Notice of Future Charges Attachment 2 Proposed Code Modifications Attachment 3 October 20 2020 Agenda Item Attachment 4 Minutes to the October 20 2020 Agenda Item Utility Services Director Vincent Burke presented an update on his department's proposal to resolve past -due utility accounts, first presented at the October 20, 2020 Board meeting. He referred to stars memo dated February 10, 2021, to detail the recommended payment plans, foreclosure option, and an early notification warning for past due accounts. He stated that staff had drafted an ordinance containing the proposed code modifications for presentation at a future public hearing. The Board spoke in favor of the presented plan, and complimented the work done by Utility Department staff. County Attorney Dylan Reingold affirmed his support of the plan. A motion was made by Commissioner Adams, seconded by Commissioner Moss, 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 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14. B.1. 21-0234 Resolution in support of the Legislature funding Florida Forever Recommended Action: Discuss Attachments: Commissioner's Memorandum Proposed Resolution Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final February 16, 2021 Vice Chairman Peter O'Bryan advocated for a resolution in support of the Florida Legislature funding Florida Forever in Fiscal Year 2021-2022. He noted that the County had backed this measure in the past. Dr. Richard Baker, President, Pelican Island Audubon Society, spoke regarding the status of Florida's agricultural and conservation lands, and thanked the Board for their support of conservation efforts. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to approve Resolution 2021-017, expressing support for $125 million funding for Florida Forever for Fiscal Year 2021-2022. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 14.B.2. 21-0235 Proposed Ordinance to prohibit the sale and distribution of tobacco products to persons under 21 years of age Recommended Action: Discuss Attachments: Commissioner's Memo COVB Tobacco Ordinance 2020-11 Florida Local Retail Tobacco Licensing Ordinance Vice Chairman O'Bryan requested the Board's consideration of an ordinance to raise the legal age limit for tobacco product purchases from 18 to 21, including vaping products which are not currently regulated. He included a copy of the City of Vero Beach's ordinance as an example. County Attorney Dylan Reingold noted that the Federal government recently raised the age limit to 21 for tobacco product purchases, and supported aligning the County's regulations with the Federal ones. Additionally, he noted that State vaping regulations allowed room for more -stringent County restrictions to be adopted. Vice Chairman O'Bryan requested that Attorney Reingold look into whether an exception could be made for anyone 18 and over with military ID to purchase tobacco products. The Board and staff then discussed the value of aligning Federal, State, and local regulations to alleviate enforcement issues across jurisdictions. Kyleigh Savoie, Tobacco Free Partnership Facilitator, thanked the Board for their support and presented statistics regarding youth smoking and vaping. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to direct the County Attorney return to the Board at a future public hearing with an ordinance to change the legal age for purchasing tobacco and vaping products from 18 to 21 in Indian River County. The motion carried by the following vote: Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final February 16, 2021 Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those minutes will be approved at an upcoming Solid Waste Disposal District meeting. 153.1. 21-0249 Fifteenth Amendment to Republic Services Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the Fifteenth Amendment to Republic Services landfill contract for the additional landfill gas operation and maintenance services; and authorize the Chairman to execute the agreement Attachments: Staff Report SCS Field Services Proposal Fifteenth Amendment to Republic Services Director of Utility Services Vincent Burke referred to staffs memo dated February 5, 2021 as he detailed the proposal for additional Operation and Maintenance services needed for the County's landfill gas system. 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 C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 10:40 a.m. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes — Final February 16, 2021 ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: (-0 \ . Deputy Clerk BCC/RW/2021 Minutes :tee Approved: April 20, 2()21 Indian River County Florida Page 11