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HomeMy WebLinkAbout06/22/2021Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com x � q � Meeting Minutes - Final Tuesday, June 22, 2021 9:00 AM Commission Chambers 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 June 22, 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.B. INVOCATION Reverend Hugh King, First Church of the Nazarene 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Delete: Item 14.E.1. The Water of Indian River County Commissioner Earman referred to Commissioner Moss' agenda item regarding a request by the Indian River Soil and Water Control District (IRSWCD) for the County to designate a representative to advise and consult with the IRSWCD and a discussion on funding the United States Geological Study for the next fiscal year. He believed that the agenda item was strictly administrative and opined the request should go through the County Administrator or the Chairman of the Board. Chairman Flescher shared the same concerns. A motion was made by Commissioner Earman, seconded by Chairman Flescher, to delete Item 14.E.1. from the agenda. The motion carried by the following vote: Aye: 3- Chairman Flescher, Commissioner Adams, and Commissioner Earman Nay: 1- Commissioner Moss Absent: 1 - Vice Chairman O'Bryan A motion was made by Commissioner Adams, seconded by Commissioner Earman, to approve the Agenda as amended. The motion carried by the following vote: Aye: 3 - Chairman Flescher, Commissioner Adams, and Commissioner Earman Nay: 1 - Commissioner Moss Absent: 1 - Vice Chairman O'Bryan Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final June 22, 2021 5. PROCLAMATIONS and PRESENTATIONS 5.A. 21-0556 Presentation of Proclamation Honoring Darren Schmucker on His Retirement From Indian River County Board of County Commissioners Department of General Services / Parks and Recreation Division with Thirty -Two Years of Service Attachments: Proclamation Chairman Flescher read and presented the Proclamation to Darren Schmucker on his thirty-two years of service to the County. Members of the Board, County Administrator Jason Brown, Assistant County Administrator Michael Zito, Parks and Recreation/Land Conservation Director Kevin Kirwin each spoke of Mr. Schmucker's service to the County. Read and Presented 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 21-0611 Holiday Schedule for the Indian River County Library System, Parks and Recreation, Aquatic Centers, Indian River County Sandridge Golf Course, Public Shooting Range, Veterans Services and Intergenerational Recreation Center (iG) Recommended Action: This is an informational item only, no Board action required Attachments: County Holiday Hours No Action Taken or Required 73. 21-0613 Landfill Closure for the 4th of July Holiday Recommended action: For informational purposes only - no action required Attachments: Staff Report No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner Adams, seconded by Chairman Flescher, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Earman, and Commissioner Moss Absent: 1 - Vice Chairman O'Bryan Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final June 22, 2021 8.A. 21-0609 Notice of Grant Award from the Indian River Lagoon Council - Small Grants Program Contract Number 2021 SG -06 Recommended Action: Staff recommends the Board approve and authorize the Chairman to execute the IRL Council Small Grants Program Agreement Contract # 2021 SG-06/Encumbrance # GLO 1-2013. Attachments: Staff Report IRL Agreement Grant Form IRLC Approved staffs recommendation 8.B. 21-0624 Approval of the Bill of Sale of Utility Facilities to City of Vero Beach, Florida Recommended Action: Staff recommends approval of the Bill of Sale of Utility Facilities to the City of Vero Beach, Florida and further request authorization for Chairman to sign Attachments: Staff Report JRTC Bill of Sale of Utility Facilities Approved staffs recommendation 8.C. 21-0612 Legal Services - Labor and Employment Matters Recommended Action: Staff respectfully recommends the Board of County Commissioners authorize the continuation of the engagement agreement with Fisher & Phillips to provide legal services for labor and employment matters. Attachments: Staff Report Fisher & Phillips Engagement Letter Approved staffs recommendation 8.D. 21-0616 Approval of Flexible Spending Account (FSA), COBRA, and Retiree Billing Providers effective October 1, 2021 Recommended Action: Staff respectfully recommends the Board of County Commissioners approve the selection of Clarity Benefit Solutions for retiree billing services at a rate of $2.50 per retiree per month with a three (3) year rate guarantee; approve the selection of P & A Group for FSA services at a rate of $3.00 per participant per month with a five (5) year rate guarantee; approve the selection of P & A Group for COBRA services at a rate of $.50 per benefit eligible employee per month with a three (3) year rate guarantee; and authorize the Chairman of the Board to execute the negotiated agreements with Clarity and P & A Group and any and all documents necessary to effectuate the agreements effective October 1, 2021. Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final June 22, 2021 Attachments: Staff Report Lockton Marketing Analysis for FSA COBRA and Retiree Billing Breakdown of Recommended Vendors Sample Agreement Clarity Benefit Solutions for Retiree Billing Sample Agreement P & A Group for FSA & COBRA Approved staffs recommendation 8.E. 21-0622 North County Water and Sewer Project Phase 2 Bid No. 2021019, Change Order #1 - Increased Materials Cost Recommended Action: Staff recommends the Board of County Commissioners approve Change Order #1 in the amount of $159,297.70 for the North County Water and Sewer Project Phase 2 and bring the total contract amount to $4,040,566.70 Attachments: Staff Report Change Order #1 Centerline Inc Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 21-0614 IRC County Judge Nicole P. Menz re: Award of the 2021/2022 Alcohol and Other Drug Abuse Treatment Fund and Designation of Indian River County's Problem Solving Courts as a Chosen Program Recipient Recommended Action: Discussion Attachments: Memorandum from Judge Menz Judge Nicole P. Menz, 19th Judicial Circuit Court of Florida, spoke on her request for the Board to designate the Indian River County's Problem Solving Courts as a program recipient to receive $50,000 from the Alcohol and other Drug Abuse Trust fund. She added that the funds would be used for substance abuse treatment and drug testing for Drug Court, Mental Health Court, and Veterans Treatment Court participants. She anticipated a significant increase in drug testing fees since the previous testing site through the local Veterans Affairs provider was no longer available. She made the Board aware that as a result of the pandemic, there had been an increase in the demand for treatment and client referrals to treatment programs. Chairman Flescher and Commissioner Adams spoke on the County's highly successful Problem Solving Courts, the Court's partnership with other outside agencies, and the program's positive impact on the community. Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final June 22, 2021 A motion was made by Commissioner Adams, seconded by Commissioner Earman, to designate the Indian River County's Problem Solving Courts as a program recipient to receive up to $50,000 from the Alcohol and Other Drug Abuse Trust Fund to be used for substance abuse treatment and drug testing for Drug Court, Mental Health Court, and Veterans Treatment Court participants. The motion carried by the following vote: Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Earman, and Commissioner Moss Absent: 1 - Vice Chairman O'Bryan 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.8.1. 21-0597 Request to Speak from Lisa Syncerski re: Free All Captive Elephants (FACE) Recommended Action: No action required. Attachments: Public Discussion Request Proposed Ban Lisa Snycerski, representing the Florida based non-profit, Free All Captive Elephants (FACE), stated the group's mission was to provide education, intervention, and litigation that would lead to sanctuary of all elephants inhumanely held in captivity at circuses and zoos in North America. Her goal was to propose a ban of the use of wild animals in traveling acts in Indian River County. She gave a brief history on how she got involved with FACE. Dee Gaug, Vice President and General Counsel, FACE, in a PowerPoint Presentation, spoke on the use of wild animals in traveling acts, the dangers that wild animals pose to the public, the Federal law that regulates the treatment of animals, and the Florida Administrative Code Rules and the agencies that enforce the law, protect, and manage the State's wild animals. She believed that real change would come only from public awareness and legislation. Ms. Snycerski reiterated the reason for bringing the matter before the Board was to prevent circuses with traveling animal acts from coming to Indian River County. Chairman Flescher spoke of the past and the future of circuses with animal traveling acts and the public's awareness. Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final June 22, 2021 Commissioners Adams and Earman both agreed that it was not policy for the Board to make a decision on a public matter, but indicated that a member of the Board could bring back the matter as an agenda item. No Action Taken or Required 10.8.2. 21-0617 Request to Speak from John & Susan Cannon re: Water Liens at 1295 and 1355 5th Ave SW Recommended Action: No action required Attachments: Public Discussion Request Cannon Mr. John Cannon, 430 10th Street SW, spoke on the liens accrued at 1295 and 1355 5th Avenue SW. He indicated that his wife inherited these properties from her father and it has been an ongoing issue for over 20 years. He estimated the total amount for the liens including the penalties was approximately $136,000. He asked for the Board's consideration to put a freeze on their accounts until there was a solution, noting the issues with the properties were quite extensive. He sought clarification regarding the assessments on the properties. Chairman Flescher agreed that the issues with the two properties were quite extensive and wanted to see the issue resolved. County Attorney Dylan Reingold stated that he had met with Mr. and Mrs. Cannon on the issue, and that it was a very complicated piece of property with several different liens and issues. He concluded that if there was a consensus among the Board, he would be willing to work with Mr. and Mrs. Cannon to reach a settlement. Commissioner Adams agreed that based on the conversations heard at the meeting and the information contained in the packet handed out by Mr. Cannon, the issues appeared to be technical and involved multiple departments. She indicated that there was too much involved for the Board to make a decision and felt more comfortable allowing staff to look at the issues and bringing the item back to the Board with more information. Commissioners Earman and Moss were in consensus for staff work with Mr. Cannon for clarification and a solution. It was the consensus of the Board to have County Attorney Reingold and staff work with Mr. Cannon for clarification and to find a solution to the issues at 1295 and 1355 5th Avenue SW. Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final June 22, 2021 No Action Taken or Required C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G Public Works H. Utilities Services 12.1-1.1. 21-0623 Amendment 1 to Work Order No. 3 for Bowman Consulting Group, Ltd., West Wabasso Septic to Sewer Phase 3 Recommended Action: Staff recommends that the Board of County Commissioners approve the following: l . Amendment Ito Work Order No. 3 for Bowman Consulting, Inc., for a lump sum amount of $70,298.00; and, 2. Allow for the use of American Rescue Plan and/or Optional Sales Tax dollars to fund the project deficit and offset impact fees to entice property owners to connect for a not -to -exceed amount of $1,349,432 Attachments: Staff Report Location Map - Phase 3C Amendment 1 to Work Order No 3 Director of Utility Services Vincent Burke referred to staff's memorandum dated June 10, 2021, regarding Amendment 1 to Work Order 3 for continued professional services with Bowman Consulting Group, Ltd. related to the design of the West Wabasso Septic to Sewer Phase 3 project. A motion was made by Commissioner Adams, seconded by Commissioner Earman, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final June 22, 2021 Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Earman, and Commissioner Moss Absent: 1 - Vice Chairman O'Bryan 13. COUNTY ATTORNEY MATTERS 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 14.E.1. 21-0626 The Water of Indian River County Recommended Action: Discussion Attachments: Commissioner's Memorandum Attachment 1 - 2020 Florida Statutes Chapter 582.19 (5) Deleted 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. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. 15.8.1. 21-0620 Request for Relocation and Installation Services from Inter -Block Retaining Systems, Inc. Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the following: a) Waive the requirement for bids for the removal and installation of the Enviro-Block units from Inter -Block Retaining Systems in the total amount of $59,760.00; and, b) Authorize the Purchasing Manager to issue a purchase order to Inter -Block Retaining Systems for this project, after receipt Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final June 22, 2021 and approval of the required vendor insurance Attachments: Staff Report Proposal from Inter -Block Retaining Systems Inc Detailed Construction Plan for Enviro-Block Placement Director of Utility Services Vincent Burke read the information contained in staff's memorandum regarding the request for relocation and installation services from Inter -Block Retaining Systems, Inc. There was no discussion on this item. 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 Absent: 1 - Vice Chairman O'Bryan 15.13.2. 21-0621 Approval for Rehabilitation of the Above Ground Storage Tank at the IRC Landfill Recommended Action: Staff recommends that its Board approve all recommendations as listed in the agenda item Attachments: Staff Report Memorandum from Kimley-Horn Proposal from Crom Corporation There was no discussion on this item. A motion was made by Commissioner Adams, seconded by Commissioner Earman, to approve staffs recommendations. The motion carried by the following vote: Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Earman, and Commissioner Moss Absent: 1 - Vice Chairman O'Bryan C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 10:17 a.m. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes — Final June 22, 2021 ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller &dA--a-A' Deputy BCC/TCL/2021 Minutes :ms's oseph Flescher, Chairman Approved: September 14, 2021 Indian River County Florida Page 10