HomeMy WebLinkAbout03/16/2021Indian 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, March 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
Terri Collins -Lister, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final March 16, 2021
1. CALL TO ORDER
2. ROLL CALL
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
Chaplain Chad Elberson, Indian River Estates West
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Deleted: Item 5.A.
Added: 12.E.1. TIGR Acquisitions 11, LLC Letter of Intent for Possible Purchase
of 810 Bailey Road Tower
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. 21-0336 Delete 5.A. Presentation of Proclamation Honoring Willard Taylor Ramsey
on His Retirement From Indian River County Board of County
Commissioners Department of Emergency Services / Fire Rescue Division
with Thirty Years of Service
Deleted
5.13. 21-0337 Presentation of Proclamation Honoring James Hyde on His Retirement
From the Indian River County Sheriffs Office
Recommended Action: Read and Present
Attachments: Proclamation
Chairman Flescher read and presented the Proclamation to James Hyde, who was
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
present with his family, coworkers and friends. The Chairman recalled memories
of the time when they worked together at the Sheriff s Office and thanked him for
32 years and six (6) months of service to the residents of Indian River County.
Members of the Board, Sheriff Eric Flowers, and Clerk and Comptroller Jeffrey R.
Smith each spoke of Mr. Hyde's service to the County.
Read and Presented
5.C. 21-0268 Presentation of Proclamation Designating the Week of March 21-27, 2021,
as National Surveyors Week
Recommended Action: Read and Present
Attachments: Proclamation
Commissioner Earman read and presented the Proclamation to Bob Johnson, Vice
President of the Indian River Chapter - Florida Surveying and Mapping Society.
Read and Presented
5.D. 21-0297 Presentation of Proclamation Designating March of 2021 as American Red
Cross Month
Recommended Action: Read and Present
Attachments: Proclamation
Commissioner Adams read and presented the Proclamation to Edith Carpenter,
Community Volunteer Leader, American Red Cross South Florida
Region - Treasure Coast Chapter. Ms. Carpenter (via Zoom) spoke on the many
services provided by the Red Cross and their role during the Coronavirus pandemic.
Read and Presented
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 21-0319 Proclamation Honoring James Cairns on His Retirement From Indian River
County Board of County Commissioners Department of Public Works /
Road & Bridge Division with Thirty Years of Service
Attachments: Proclamation
Chairman Flescher acknowledged James Cairns for his 30 years of service to the
County.
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
No Action Taken or Required
7.B. 21-0332 License Agreements Granting Beach Park Access for Purpose of Dune
Stabilization Projects
Recommended Action: This is an informational item; no Board action required
Attachments: Staff Report
Seagrape Beach Access Point License Agreement
No Action Taken or Required
7.C. 21-0334 Appointment of New Alternate Member to the Indian River Lagoon National
Estuary Program Board of Directors
Recommended Action: Inform
Attachments: Commissioner's Memo
Chairman Flescher was appointed as the new 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 Vice Chairman O'Bryan, seconded by Commissioner Adams,
to approve the Consent Agenda as amended, pulling Item B.A. for discussion. The
motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.A. 21-0259 Quarterly Tourist Development Tax Report for the Quarter Ending 12/31/20
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report
Vice Chairman O'Bryan pointed out the increase in the tourist tax collected for
short-term rentals and the decrease in tourist tax revenue for hotels compared to the
quarter from the previous year. He was curious if the change could be a response
to the pandemic, where more families opted to rent a house than to stay in a
crowded hotel or the hotels had reduce their room rates, which therefore reduced
the revenue collected.
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, agreed that people felt
safer in a residential house than in a hotel with crowds. He also pointed out that
February 1, 2021 was the one year anniversary of the agreement with VRBO and
Home Away Vacation Rentals.
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
accept the Quarterly Tourist Development Tax Report for the Quarter Ending
December 13, 2020. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
8.13. 21-0260 Dori Slosberg Driver Education Safety Act - Indian River County Traffic
Education Program Trust Fund Report - Cumulative Reporting Through
12/31/20
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report
Accepted
8.C. 21-0295 Quarterly OPEB Trust Report for the Quarter Ending 12/31/2020
Recommended Action: Accept the report
Attachments: OPEB Report 123120
Accepted
8.13. 21-0296 Quarterly Investment Report for the Quarter Ending 12/31/2020
Recommended Action: Accept the report
Attachments: Investment Committee Report 123120
Accepted
8.E. 21-0248 Designation of Excess Equipment as Surplus
Recommended Action: Staff recommends the Board declare the listed items as surplus and authorize their
disposal as indicated.
Attachments: Staff Report
Excess List for 031621
Approved staffs recommendation
8.F. 21-0322 Ranking of Firms and Award of RFPs 2021028 (Network Infrastructure
Equipment and Installation) and 2021029 (Cabling, Hardware and
Installation)
Recommended Action: Staff recommends the Board approve the committee's final rankings of firms and
award RFP 2021028 (Infrastructure) to PC Solutions & Integration, Inc. and RFP
2021029 (Cabling) to Bazon-Cox & Associates, Inc. Staff also recommends the
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Board of County Commissioners Meeting Minutes - Final
March 16, 2021
Board authorize the Purchasing Manager to issue purchase orders to each vendor
for the County's anticipated share of each project, conditional on approval of
funding by USAC.
Attachments: Staff Report
Approved staffs recommendation with the final ranking of firms as follows: PC
Solution (Infrastructure) and Bazon-Cox & Associates (Cabling).
8.G. 21-0324 Renewal of Sole Source Authorization for Fleetboss GPS
Recommended Action: Staff recommends the Board of County Commissioners re -authorize the designation
of Fleetboss GPS as sole source through March 9, 2024, and authorize the
Purchasing Manager to execute the agreement for 4G LTE system upgrade.
Attachments: Staff Report
Fleetboss 4G LTE Upgrade Agreement
Approved staffs recommendation
8.H. 21-0327 Miscellaneous Budget Amendment 007
Recommended action: Staff recommends the Board of County Commissioners approve the budget
amendment resolution amending the fiscal year 2020-2021 budget.
Attachments: Staff Report
Resolution
Exhibit "A"
Approved Resolution 2021-022, amending the fiscal year 2020-2021 budget.
8.1. 21-0340 Amendment No 1 to Work Order No. 002 to Donadio and Associates
Recommended Action: Staff recommends the Board approve Amendment No. 1 to Work order No. 002
with Donadio and Associates and authorize the Chairman to execute the
amendment, after the County Attorney has approved it as to form and legal
sufficiency.
Attachments: Staff Report
Work Order 002
Amendment No. 1 to Work Order 002
Approved staffs recommendation
8.J. 21-0309 Florida Department of Transportation (FDOT) Right of Way Acquisition
Memorandum of Agreement for Oslo Rd from East of 82nd Avenue SW to
58th Avenue SW, FDOT Financial Project No. 431521-1-52-01 (IRC -1411)
Recommended action: Staff recommends the Board of County Commissioners approve the Authorizing
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Resolution and FDOT Right of Way Acquisition Memorandum of Agreement and
authorize the Chairman to execute the same.
Attachments: Staff Report
Authorizing Resolution
FDOT Right of Way Acquisition Memorandum of Agreement
Approved staffs recommendation and Resolution 2021-023, authorizing the
Chairman's execution of a right-of-way acquisition memorandum of agreement with
the Florida Department of Transportation acquisition of right-of-way for the widening
of Oslo Road/CR606 from 82nd Avenue SW to 58th Ave SW.
8.K. 21-0329 Stormwater Property Purchase - 7205 8th Street, Vero Beach, FL 32968
Owner: Catherine C. Detko
Recommended Action: Staff recommends the Board approve the Purchase Agreement in the amount of
$958,750.00, with an estimated $17,000.00 in closing costs to be paid by the
County for purchase of the 38.35 acre property located at 7205 8th Street, Vero
Beach, FL 32968, and authorize the Chairman to execute the purchase agreement
on behalf of the Board.
Attachments: Staff Report
Purchase Agreement
Boundary Survev
Location Map
Approved staffs recommendation
8.L. 21-0325 Senior Resource Association Fixed Route Computer Aided
Dispatch/Automatic Passenger Counting & Demand Response Scheduling
System
Recommended Action: Staff recommends the Board approve the committee's final rankings and concur
with SRA's selection of Transloc/Ecolane to provide the system.
Attachments: Staff Report
Approved staffs recommendation
8.M. 21-0333 Children's Services Advisory Committee's Recommendation of Request for
Proposal, Grant Application and Agency Grant Contract for FY 2021-2022
Recommended Action: Staff recommends that the Board accept the RFP, the Grant Application and the
Agency Grant Contract for FY 2021-22 as submitted, and authorize the County
Administrator to execute the individual contracts after review and approval by the
County Attorney
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Attachments: Staff Report
Request For Proposal
RPF Notification
Grant Application
Evaluation Form
Agency Grant Contract Sample
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. 21-0338 Indian River County Sheriff Eric Flowers re: Update on the Security Project
of the Indian River County Sheriffs Office
Recommended Action: Discussion
Attachments: Memorandum from Sheriff Flowers
Security Project Quotes
Indian River County Sheriff Eric Flowers referred to the February 9, 2021
Commission Meeting regarding a proposal to move funding in the amount of
$750,000 for security enhancements to the Sheriffs Office. He provided quotes
for four (4) phases of the project: fencing, security access, visitation building, and
front lobby totaling $674,713.02.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,,
to approve the Sheriff's request to move forward with the security upgrades at the
Sheriffs Office Complex. 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
PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD.
10.A.1. 21-0300 Crest Residential, LLC's Request to Rezone Approximately 27.69 Acres
from RS -6, Residential Single -Family (up to 6 units/acre) to PD, Planned
Development and to Obtain Conceptual PD Plan Approval for a Project to
be known as The Griffon North PD [PD -20-11-06 / 2001040041-87773]
(Quasi -Judicial)
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Recommended Action: Staff recommends that the Board of County Commissioners grant approval of the
PD rezoning request and the conceptual PD plan for The Griffon North PD, with
the following conditions: 1. Prior to issuance of a land development permit, the
applicant shall: a. Obtain Public Works approval of the final design of the
westbound left turn lane at the project's 26th Street driveway connection. b. Obtain
Planning staff approval of the final landscape and streetlighting plan. c. Obtain
Environmental Planning staff approval of the final tree protection and mitigation
plan. 2. Prior to issuance of a certificate of completion, the applicant shall: a.
Construct the required westbound left turn lane at the project's 26th Street driveway
connection. b. Construct the full driveway connection to 20th Street (SR 60)
through the adjacent/separate project site to the south. c. Install all required buffers
and landscape improvements. d. Install the required streetlighting improvements.
Attachments: Staff Report
Location Map
Aerial
Excerpt from Draft February 11, 2021 PZC Minutes
PD Rezoning Ordinance
Conceptual PD Plan
Conceptual Landscape Plan
Chairman Flescher introduced the parties for the proceeding as being Indian River
County, and the applicant Crest Residential, LLC. Each Commissioner, as
requested by the Chairman, disclosed ex parte communications, site visits, or
independent investigations. The Commissioners also affirmed that they have an
open mind and can base their decisions on the evidence presented and the
applicable law.
The Deputy Clerk administered the Oath to all persons who wished to speak at the
hearing.
Senior Planner Scott Rodriguez in his PowerPoint Presentation, detailed the request
by Crest Residential, LLC to rezone approximately 27.69 acres from RS -6,
Residential Single -Family (up to 6 units/acre) to PD, Planned Development, and to
obtain conceptual PD plan approval for a project to be known as The Griffon North
PD, located south of 26th Street and east of 82nd Avenue. He added that the
conceptual plan proposed 166 multi -family units (maximum) consisting of
townhomes and apartments, and a driveway interconnection between Griffon North
and South Projects. He noted that the Griffon South project application was
currently under review by staff as a major site plan and was not part of the
conceptual PD plan being presented. He reviewed the traffic circulation plan
which included a full access driveway connection to 26th Street and Griffon
North/South interconnection, increased perimeter landscape buffering between
existing residential areas, and increased building setbacks.
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Chief of Current Development Ryan Sweeney addressed Commissioner Adams'
concern regarding the entrance and exit of the Griffon North Project, if the Griffon
South Project does not move forward.
Vice Chairman O'Bryan and Commissioner Earman sought and received
information from staff regarding the increased landscape buffers between the
existing residential areas, the tentative plans for the Griffon South Project, and
followed up with the difference between the traffic flow of a single-family
residence versus multi -family residence. In response to the questions raised by the
Vice Chairman and Commissioner Earman, Community Development Director Phil
Matson highlighted the project's landscape buffer from existing residential areas,
and distinguished the difference in the traffic flow of a single-family versus
multi -family residence, stating a multi -family unit could be served easier through
public transportation, generated less traffic, maintained connectivity, and provided
an opportunity to make less trips via another mode.
Steve Moler, Vice President of Masteller, Moler & Taylor, Inc., spoke on the
proposed Griffon North Project, stating the 300 foot setback for the multi -family
units were built into the plan. Additionally, an acquired easement from the Pine
Creek Community would allow a road to cross between the Griffon North and
South Projects.
Vice Chairman O'Bryan commented for full transparency that he had run into Mr.
Moler over the weekend, but there was no discussion of the project.
Chairman Flescher opened the public hearings. There being no speakers, the
Chairman closed the hearing.
A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan,
to approve staffs recommendations and adopt Ordinance 2021-006, amending the
zoning ordinance and the accompanying zoning map from RS -6, Residential
Single -Family (up to 6 units/acre), to PD, Planned Development, for approximately
27.69 acres of land generally located on south of 26th Street, approximately 1,660 feet
east of 82nd Avenue and described herein and providing for an effective date. The
motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
B. PUBLIC DISCUSSION ITEMS
10.13.1. 21-0335 Request to Speak from Ken Hendrix and Spencer Simmons re:
Commercial Businesses in Agricultural Districts
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Recommended Action: no action required
Attachments: Public Discussion Request Hendrix & Simmons
Mr. Spencer Simmons, 7350 37th Street, provided a timeline for the Board on
the ongoing issue of commercial businesses in agricultural zoned districts. He
believed that lawn care businesses did not belong in agricultural districts unless
they changed their business exemption. He asked the Board to reconsider
having lawn businesses in agricultural districts.
Mr. Ken Hendrix, 6220 1st Street SW, spoke on the landscape business next to
his property, the ratio rule, and wanted the Board to revisit commercial
businesses located in agricultural districts.
Tim Campbell referred to the County's Land Development Regulation (LDR)
Amendment and the lower taxes paid by the landscaping businesses because
they were located in agricultural districts.
Commissioner Earman confirmed the amount of taxes paid by landscaping
business was lower and felt everyone should follow the rules of the agricultural
exemption. Commissioner Earman told that he had met with the Property
Appraiser regarding the issue and had received clarification. He wanted to
make sure that the businesses followed the rules and everybody paid their fair
share in taxes, noting that it was something he wanted to personally look at
further.
Commissioner Adams provided history of the ongoing issue of commercial
businesses in agricultural zoned districts. She cautioned it was a slippery slope
as to what and who determines what qualifies as agriculture activities, what
qualifies as an ancillary activity to agriculture, and which came first. She
mentioned there were bills moving through the legislature dealing with the
Right to Farm Act and recommended the Board wait to see how it played out.
She reminded the Board that the County was going through a development
review process regarding different zonings to address the issues in the
agriculture enclaves.
Commissioner Moss thanked those who spoke and found the timeline
interesting. She wanted to go back and watch videos on the discussions that
had taken place. A discussion followed regarding the changes to the LDR's
and the process to move the item forward.
Vice Chairman O'Bryan agreed with Commissioner Adams and acknowledged
that he had voted in favor of the LDR changes in March 2020 and October
2020. He added that the Board included a grandfathering clause for the
existing commercial lawn service businesses so they would not be impacted by
the LDR changes. He supported the Commissioners bringing the item back to
the Board.
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Commissioner Moss stated that she planned to bring the item back to the Board
at a future meeting.
No Action Taken or Required
The Chairman called a recess at 11:10 a.m., and reconvened the meeting at 11:21
a.m., with all members present.
C. PUBLIC NOTICE ITEMS
10.C.1. 21-0330 Public Notice of Public Hearing Scheduled for April 6, 2021 to Consider
an Amendment to Chapter 313 (Merchandising of Tobacco Products) of
the Code of Indian River County - LEGISLATIVE
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
11.A. 21-0339 Resolution in Support of the Adoption of House Bill 1143 and Senate Bill
1466 as Filed in the 2021 Florida Legislative Session
Recommended Action: County staff recommends the Board of County Commissioners of Indian River
County, Florida pass a Resolution in support of the adoption and passage of House
Bill 1143 (by Representative Grall) and Senate Bill 1466 (by Senator Hutson) as
filed in the 2021 Florida Legislative Session
Attachments: Staff Report
Resolution
Kathleen Keenan, Legislative Affairs and Communications Manager, referred to her
memorandum dated March 10, 2021 as she spoke on the Resolution supporting the
adoption of House Bill 1143 (by Representative Grall) and Senate Bill 1466 (by
State Senator Hutson) filed in the 2021 Legislative Session. She continued that the
proposed legislation amends Florida Statutes to restore prior funding levels for
smaller, commercial airports such as Vero Beach Regional Airport.
Ms. Keenan announced that an update was made to Senate Bill 1466 during the
Legislative session amending the bill back into its original law form. She
recommended that based on the recent amendment to Senate Bill 1466, the
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Board of County Commissioners Meeting Minutes - Final March 16, 2021.
Resolution should be updated to reflect the change in Senate Bill 1466.
Commissioner Moss went into detail regarding how the FDOT funds and classifies
airports and how this law would affect the Vero Beach Regional Airport.
Ms. Keenan for clarification stated that staff supported House Bill 1143 as
originally filed and that staff did not support the recent amendment to Senate Bill
1466, as it would not protect the Vero Beach Regional Airport.
The Board sought and received information from Ms. Keenan regarding Senate Bill
1466 and amending the Resolution to reflect that the Board supported the existing
House Bill 1143 and the Senate Bill 1466 as originally filed.
A motion was made by Commissioner Moss, seconded by Chairman Flescher, to
approve Resolution 2021-024, as amended, in support of the adoption of House Bill
1143 and Senate Bill 1466 as originally filed in the 2021 Session of the Florida State
Legislature amending Section 332.007, Fla.Stat. revising the types of airports to
which funds are available for eligible aviation development projects; and providing
for an effective date. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. 21-0331 A Resolution of The Board of County Commissioners of Indian River
County Supporting the Dr. Martin Luther King, Jr. Park, Historic Museum
and Cultural Center
Recommended Action: Staff recommends that the Board of County Commissioners consider the
attached Resolution of Support for the Dr. Martin Luther King Jr. Park, Historic
Museum, and Cultural Center and approve the resolution.
Attachments: Staff Report
Proposed Resolution
Community Development Director Phil Matson spoke on the proposed Dr.
Martin Luther King Jr. Park, Historic Museum and Cultural Center and read the
County's pledge of commitment through a Resolution.
Vice Chairman O'Bryan was in full support of the project and the Resolution
except for the word "disobedience" in the last sentence of the second Whereas
clause in the Resolution. He suggested removing the word disobedience to
read, "through insistent use of civil and nonviolent resistance... "
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Commissioner Moss felt the word disobedience should remain and opined that
the Board should not rewrite history. She acknowledged her support of the
project.
Commissioner Earman understood Commissioner Moss' point in leaving the
word disobedience in the Resolution, but supported the Vice Chairman and felt
the sentence read better by removing the word.
Jonnie Mae Perry, CEO, the Gifford Community Cultural and Resource Center
Non -Profit, thanked the Board and staff on behalf of the Steering Committee,
the Gifford Community Cultural and Resource Center Board of Directors, the
Gifford Historical Museum Members, and the Gifford High School Alumni and
Friends Association, for working with the Gifford Community Cultural and
Resource Center and its supporters to establish a commitment of Resolution to
lease a portion of the Martin Luther King Jr. Park and develop a Cultural Center
for the community.
A motion was made by Commissioner Earman, seconded by Chairman Flescher,
to approve Resolution 2021-025, as amended, supporting the Dr. Martin Luther
King Jr. Park, Historic Museum, and Cultural Center. The motion carried by the
following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
B. Emergency Services
C. General Services
D. Human Resources
E. Information Technology
12.E.1. 21-0346 Emergency Addition 12.E.1. TIGR Acquisitions II, LLC Letter of Intent for
Possible Purchase of 810 Bailey Road Tower
Recommended Action: Staff recommends that the Board of County Commissioners enter into Letter of
Intent (LOI) agreement with TIGR Acquisitions II, LLC and proceed with due
diligence
Attachments: Staff Report
Letter of Intent
County Administrator Jason Brown announced that the County had received a
Letter of Intent to purchase the Tower at 810 Bailey Road, Sebastian.
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Informational Technology Director Dan Russell in his memorandum dated March
15, 2021, detailed the Letter of Intent by TIGR Acquisitions II, LLC for the
perpetual easement underlying and surrounding the Tower, along with any and all
access and utility easements serving the site at 810 Bailey Road.
County Attorney Dylan Reingold clarified the County was supportive of the Letter
of Intent, but made it clear that if there were significant issues that the purchaser
would not agree to, then the County would terminate the agreement. He explained
that the County had a concern on a provision listed in the proposal regarding the
initial five (5) year term for the County's equipment on the Tower, which could be
cancelled at the end of the five (5) years by the purchaser.
County Administrator Jason Brown stated the main directive was to make sure the
County retained the ability to keep the equipment on the Tower. He concluded
once the County had negotiated the agreement and the terms were mutual to both
parties, staff would bring back the purchase agreement to the Board.
A motion was made by Commissioner Adams, 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
F. Office of Management and Budget
G Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 21-0314 Agriculture Advisory Committee Restructuring
Recommended Action: The County Attorney's Office recommends that the Board review the suggested
restructuring of the Agriculture Advisory Committee, provide direction of the restricting
and authorize the County Attorney's Office to draft a resolution for the restructuring of the
Agriculture Advisory Committee.
Attachments: Staff Report
Cassidy Brown, Legal Intern with the County Attorney's office, recapped the
Board's direction at their January 12, 2021 meeting for the County Attorney's Office
to work on restructuring the Agriculture Advisory Committee (AAC) positions.
After researching similar committees in other Florida counties, she detailed the
proposed changes to the membership and recommended eliminating agricultural
industry positions to replace them with broader positions titled, "Actively Involved
in Agricultural Industry Representatives". The membership would consist of four
(4) Actively Involved in Agricultural Industry Representatives, one (1) Farm
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
Bureau Representative, two (2) Agriculture Industry Associated Representatives,
and two (2) Actively Engaged in Agritourism Representatives. She pointed out
that the AAC would retain all of its current members.
Commissioner Adams thanked Ms. Brown for her work on the restructuring of the
membership of the AAC.
Robert Adair, Chairman of the AAC, cautioned (via Zoom) that Resolution
2003-125 contained language such as the definition of Agriculture and the AAC
membership. He wanted Ms. Brown to work with the current members of the
AAC, so they could provide input on the membership of the AAC.
Commissioner Adams responded to Mr. Adair's comments and stated that if the
Board directed the County's Attorney Office to draft a Resolution for the
restructuring of the AAC, it would then go to the AAC for their input.
Mr. Adair made suggestions on the number of members for the AAC and its
representation. He asked that the Board not direct the County Attorney's Office to
draft a resolution until the AAC had a chance to review and consider the proposed
restructuring.
A motion was made by Commissioner Adams, seconded by Commissioner Moss, to
direct the County Attorney's Office to draft a resolution for the restructuring of the
Agriculture Advisory Committee. The motion carried by the following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Earman, and Commissioner Moss
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
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.
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Board of County Commissioners Meeting Minutes - Final March 16, 2021
The minutes will be approved at an upcoming Solid Waste Disposal District
meeting.
15.6.1. 21-0291 Approval of Minutes Meeting of December 15, 2020
Recommended Action: Approve
Attachments: 12152020SWDD Draft
Approved
15.6.2. 21-0293 Approval of Minutes Meeting January 12, 2021
Recommended Action: Approve
Attachments: 01122021 SWDD Draft
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Earman, to approve the Solid Waste Disposal District Meeting Minutes of
December 15, 2020 and January 12, 2021. The motion carried by the following
vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Earman, and Commissioner Moss
15.6.3. 21-0328 Spring Residential Paper Shredding Event on April 17, 2021
Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the
Spring Residential Paper Shredding Event to be held on April 17, 2021, and
authorize the County Administrator to sign the Contract Memorandum of
Understanding
Attachments: Staff Report
Contract MOU with Waste Management
Sue Flak, Recycling Education and Marketing Coordinator for the Solid Waste
Disposal District, announced the Spring Residential Paper Shredding Event
would be held on April 17, 2021.
Vice Chairman O'Bryan pointed out that Waste Management was picking up the
cost of the event.
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
Indian River County Florida Page 16
Board of County Commissioners Meeting Minutes - Final March 16, 2021
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 12:13 p.m.
Indian River County Florida Page 17
Board of County Commissioners Meeting Minutes — Final
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
BCC/TCL/2021 Minutes
Approved:
March 16, 2021
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June 8, 2021
Indian River County Florida Page 18