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HomeMy WebLinkAbout10/05/2021Indian 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, October 5, 2021 9:00 AM Commission Chambers Board of County Commissioners Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Joseph H. Earman, District 3 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 October 5, 2021 1. CALL TO ORDER 2 ROLL CALL Present: 5 - Chairman Joseph Flescher Vice Chairman Peter O'Bryan Commissioner Joe Earman Commissioner Susan Adams Commissioner Laura Moss 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Jeremy Rebman, First United Methodist Church 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, 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 5.A. 21-0903 Presentation of Proclamation Recognizing the Month of October, 2021, as National Domestic Violence Awareness Month Recommended Action: Read and Present Attachments: Proclamation Chairman Flescher read and presented the Proclamation to Dr. Teresa Albizu, CEO, and Jamie Bellamy, Development Manager, SafeSpace; and Board Members Erica Snowberger, Linda Hengerer, and Aimee Cooper. Dr. Albizu provided statistics regarding domestic violence, and SafeSpace's efforts to assist victims in the community. She announced that SafeSpace would be partnering with United Against Poverty Indian River County for office space away from their undisclosed location where advocates could provide services and accept donations. Read and Presented 5.B. 21-0915 Presentation of Proclamation Designating October, 2021, As Manufacturing Month In Indian River County, Florida Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final October 5, 2021 Recommended action: Recommend Read and Present Attachments: Proclamation Vice Chairman O'Bryan read and presented the Proclamation to Dori Stone, President, and Helene Caseltine, Economic Development Director, Indian River County Chamber of Commerce. Joining Ms. Caseltine were representatives from Novurania Boats, Pareidolia Brewery, Manpower, and Piper Aircraft. Ms. Caseltine spoke on the importance of manufacturing and its misperceptions, indicating that today's manufacturing environment was highly technical and there were a the number of high -wage and high -skilled manufacturing jobs in Indian River County. Read and Presented 5.C. 21-0942 Presentation of Proclamation - Recognizing October, 2021 as Vaping Awareness Month Recommended Action: Read & Present Attachments: Proclamation Commissioner Adams read and presented the Proclamation to Phyllis Schneider and Carrie Lester of the Substance Awareness Center, and to Kyleigh Savoie, QuitDoc Foundation. Each thanked the Board for their continued support and spoke of their mission to bring awareness and to actively educate the youth on the dangers of vaping. Read and Presented 6. APPROVAL OF MINUTES 6.A. 21-0939 Regular Meeting of July 06, 2021 Recommended Action: Approve Attachments: 07062021 BCC Draft A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to approve the Regular Meeting Minutes of July 6, 2021, as written. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 21-0912 Indian River County Venue Event Calendar Review Recommended action: This is an informational item, no Board action is required. Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final October 5, 2021 Attachments: Venue Event Review Calendar No Action Taken or Required 73. 21-0941 Planning & Zoning Commission - District 5 Appointee Recommended Action: Informational Item Attachments: Memorandum Mr. Mark Mucher was appointed to the position of "BCC Appointee, District 5" on the Planning and Zoning Commission. 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 amended, pulling Item 8.F. 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. 21-0869 Checks and Electronic Payments September 3, 2021 to September 9, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 3, 2021 to September 9, 2021 Attachments: Finance Department Staff Report Approved 8.B. 21-0909 Checks and electronic payments September 10, 2021 to September 16, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 10, 2021 to September 16, 2021 Attachments: Finance Department Staff Report Approved 8.C. 21-0918 Checks and Electronic Payments September 17, 2021 to September 23, 2021 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 17, 2021 to September 23, 2021 Attachments: Finance Department Staff Report Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final October 5, 2021 Approved 8.1). 21-0910 Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "E" Certificate of Public Convenience and Necessity for the Senior Resource Association, to be effective for a period of two (2) years from October 2, 2021 -October 2, 2023. Attachments: Staff Report COPCN Renewal Application -SRA Approved staff's recommendation 8.E. 21-0913 Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc., to be effective for a period of two (2) years commencing October 5, 2021, and expiring October 5, 2023. Attachments: Staff Report COPCN Application- The Arc of Indian River County Approved staff's recommendation 8. F. 21-0916 Consideration of Notice of Intent to Sell from Padgett Creek, LLC and the County's First Negotiation Rights to Acquire Property Under County's Conservation Easement. Recommended Action: The County Attorney's Office recommends Indian River County Board of County Commissioners refrain from exercising its first negotiation rights and authorize staff to notify Mr. Garris that the County is not interested in fee simple acquisition of the Triple S Ranch property. Attachments: Staff Report Deed of Conservation Easement Commissioner Earman requested the Board's approval to postpone the agenda item and direct staff to look into the possible price for the County to purchase the Triple S Ranch property, and how the property conforms in conjunction with the State's purchase of conservation easements for the Florida Wildlife Corridor. He made it clear that he was not suggesting that the County purchase the property, but for staff to do further research. Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final October 5, 2021 Vice Chairman O'Bryan explained that the County had acquired the conservation easement on the property known as the Triple S Ranch under the County's environmental lands program. He pointed out that under the Deed of Conservation Easement, the owner has the obligation to "...preserve and protect in perpetuity the conservation values of the property..." He was not opposed to postponing the agenda item for a week in order to receive additional information, but reiterated that it was the Board's intent to purchase the conversation easements to protect and preserve those lands. A discussion ensued among the Board regarding the conservation easements, request of additional information from staff, and a time frame to bring the item back to the Board for discussion. County Attorney Dylan Reingold acknowledged a letter by Padgett Creek, LLC, dated September 17, 2021, notifying the County (Grantee) of the current property owner's intent to sell the property, thereby affording the Grantee an opportunity to negotiate the acquisition of the property. He relayed that the Grantee had 30 days to respond under the agreement and the item would need to come back to the Board no later than the October 12, 2021 meeting. In response to Attorney Reingold, the Board directed staff to further look into the following: 1) conservation easement rights and restrictions, 2) Florida Wildlife Corridor purchases, and 3) a possible price for the County to purchase the Triple S Ranch property. A motion was made by Commissioner Earman, seconded by Chairman Flescher, to postpone the agenda item for further review by staff on the 1) conservation easement rights and restrictions, 2) Florida Wildlife Corridor purchases, 3) a possible price for the County to purchase the Triple S Ranch property, and 4) bring back the information to the October 12, 2021 Board of County Commissioners Meeting. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 8.G. 21-0917 Project: Magnolia Court at Waterway Village PD - Pods H, I, J, Request for 2 -Year Extension to Final Lift of Asphalt Contract, Developer: DiVosta Homes, L.P. Recommended Action: Approve the Modification to Contract for Construction for Final Lift of Asphalt, Contract No. PD -13 -03 -03 -FLA (2004010124-86812) to extend the completion date to August 30, 2023, and authorize the Chairman to execute same. It is also noted that the Developer will need to have the supporting letter of credit amended no later than November 30, 2021 to increase the amount and extend the letter of credit expiration date. Attachments: Staff Report Letter Request for Extension Modification to Contract ExhibitA- Cost Estimate Approved staffs recommendation Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final October 5, 2021 8.H. 21-0919 Final Pay to Boromei Construction, Inc. for Data Flow System Antenna and Tower Replacement Recommended Action: Staff recommends that the Board of County Commissioners approve the Final Pay Application in the amount of $114,163.00 to Boromei Construction, Inc. Attachments: Staff Report Final Pay Application Approved staffs recommendation 8.1. 21-0925 Renewal of RFP 2017066 Annual Maintenance at Spoonbill Marsh Recommended Action: Staff recommend that the Board of County Commissioners approve the renewal of the agreement through October 23, 2022, for the final of the available one-year terms, and authorize the Chairman to execute the same, as presented Attachments: Staff Report Second and Final Extension Approved staffs recommendation 8.J. 21-0937 Second Amendment of License Agreement with Sea Oaks Property Owners Association Inc. Recommended Action: Staff recommends that the Board of County Commissioners (BCC) consider and approve the proposed second amendment to the license agreement, and authorize the chairman to sign it on behalf of the BCC Attachments: Staff Report Second Amendment of License Agreement Approved staffs recommendation 8.K. 21-0927 IRC Courthouse Parking Garage Rehabilitation (1801 A), Project Closeout and Change Order No. 1 Recommended Action: Staff recommends approval of Change Order No. 1 for project closeout. Attachments: Staff Report Change Order No. 1 Closeout Offer Approved staffs recommendation 8.L. 21-0928 Renewal and Amendment No. 1 to Agreement for Continuing Environmental and Biological Support Services RFQ# 2017053, IRC -1720 Recommended Action: Staff recommends approval of the Renewal and Amendment I agreements and rate schedules between the County and the four (4) firms and further requests the Board Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final October 5, 2021 to authorize the Chairman to execute the Renewal and Amendment 1 agreements. Attachments: Staff Report Ecological Associates, Inc. Renewal and Fee Schedule Environmental Science Associates Renewal and Fee Schedule G.K. Environmental, Inc. Renewal and Fee Schedule Kimley-Horn & Associates. Inc. Renewal and Fee Schedule Approved staff's recommendation 21-0931 Sector 5 Beach and Dune Restoration Project (IRC 1923) APTIM, Work Order No. 2018029-9, Year I Post -Construction Engineer Monitoring Report Recommended Action: Staff recommends the BCC authorize Work Order No. 2018029-9 in the total lump sum amount of $28,068.00. Additionally, staff recommends the BCC authorize the Chairman to execute Work Order No. 2018029-9 Attachments: Staff Report Work Order No 2018029-9 execution agreement APTIM Work Order No. 2018029-9 Approved staff's recommendation 8. N. 21-0936 Amendment 1 to Work Order No. MM -2, Moorhen Marsh Low Energy Aquatic Plant System (LEAPS), IRC -2107 Recommended Action: Staff recommends approval of Amendment No. 1 to Work Order No. MM -2 with Kimley-Horn and Associates, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Amendment No. 1 to Work Order No. MM -2 on their behalf for a Not -to -Exceed amount of $25,580. Attachments: Staff Report Amendment 1 to WO MM -2 Approved staffs recommendation 8.0. 21-0921 Second Extension to Unifirst Customer Service Agreement Recommended action: Staff requests the Board of County Commissioners approve the Second Extension and authorize the Chairman to execute it after the County attorney has approved them for content and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. Staff also recommends the Board authorize the Purchasing Manager to renew the agreement for the three remaining one-year periods, subject to satisfactory performance, vendor acceptance, and the determination that renewal of the agreement is in the best interest of Indian River County. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Second Extension and Amendment Approved staffs recommendation October 5, 2021 8.P. 21-0871 Approval of Agreement with C.W. Roberts Contracting, Inc. for Asphalt Paving and Resurfacing Recommended Action: Staff recommends the Board approve the Agreement and authorize the Chairman to sign it, after approval by the County Attorney as to form and legal sufficiency. Attachments: Staff Report CWR Agreement Approved staffs recommendation 8.Q. 21-0920 Adoption of Revised Building Permit Fee Schedule, Increasing Permit Fee Valuation Factor by Ten Percent Recommended Action: Staff recommends that the Board of County Commissioners adopt the attached resolution. Attachments: Staff Report Resolution Appendix A Approved Resolution 2021-066, amending the Building Permit Fee Schedule increasing fees based on valuation (10% increase) and adjusting Private Provider Permit Fee reduction. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. 21-0940 Request to Speak from Paul L. Westcott re: Potential Vaccination Mandate Recommended Action: No action required Attachments: Public Discussion Request Westcott Mr. Paul L. Westcott spoke on the potential vaccination mandate contained in his letter to the Board dated October 5, 2021, a copy of which is on file in the Clerk to the Board Office. No Action Taken or Required Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final October 5, 2021 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 21-0938 Indian River County, St. Lucie County and Martin County Joint Board Meeting Recommended Action: Staff recommends that the Indian River County Board of County Commissioners adopt the resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss joint legislative priorities in anticipation of the State of Florida's 2022 legislative session Attachments: Staff Report - TriCounty Meeting Resolution for TriCounty Meeting Ms. Kathleen Keenan, Legislative Affairs and Communications Manager, stated the Martin County Commission and the St. Lucie County Commission had reached out to Indian River County to see if the Board would be interested in attending a joint meeting to discuss legislative priorities for the State of Florida's 2022 Legislative session. She indicated the joint meeting was tentatively set for October 26, 2021 at the Indian River State College Main Campus, and in accordance with Section 125.001, Florida Statutes, the Board was permitted to participate in a joint meeting with the governing bodies of one or more adjacent counties or municipalities. She added in order to do so, the participating governing bodies must adopt a resolution authorizing participation. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve Resolution 2021-067, authorizing the Board of County Commissioners for Indian River County to participate in a joint meeting with the St. Lucie County Commission and Martin County Commission to discuss and plan matters of mutual interest; 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 B. Emergency Services C. General Services D. Human Resources E. Information Technology Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final F. Office of Management and Budget Gr Public Works 12.G.1. 21-0929 Recommended Action: October 5, 2021 Native Garden Configuration, County Administrative Building A Staff is presenting this proposed layout to the Board for action to allow Dr. Baker and his team to finalize the construction plans for review by staff and to allow for the County Attorney's office to complete the necessary construction and maintenance agreement that will be based on the approved layout. Staff also recommends that the Board Authorize the County Administrator to execute any and all documents necessary to effectuate the implementation of the plan Attachments: Staff Report L1 -Proposed Native Plant Garden Configuration 1 -2 -Proposed Native Plant Garden Configuration Public Works Director Rich Szpyrka recalled the discussion at the August 17, 2021 Board Meeting regarding the Native Plant Garden Configuration proposed for the front of County Administration Complex Building A. He presented the final proposed layout of the native garden provided by Dr. Richard Baker and noted that County staff had reviewed the proposed layout and plant materials and there were no objections. Vice Chairman O'Bryan noticed that Coontie was listed on the plant schedule, which was a food source for butterfly larvae, but wondered why Milkweed was not listed on the plant schedule, a sole host plant for monarch butterflies. Director Szpyrka replied that Milkweed was hard to sustain and susceptible to aphids. A motion was made by Commissioner Moss, seconded by Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss H. Utilities Services 12.H.1. 21-0932 Utility Accounts Receivable Bad Debt Follow Up and Potential Foreclosure Activity Recommended Action: Staff recommends that the Board of County Commissioners: a) Authorize staff to classify the $582,507.76 in penalties and interest that was written off as bad debt expense; b) Authorize the Director of Management and Budget to process a budget amendment from the operating fund balance (cash) to cover the $582,507.76 expense; c) Authorize staff to work with the County Attorney's office to process any potential foreclosures; and, d) Authorize staff to seek Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final October 5, 2021 outside counsel, if needed, to assist with these foreclosures Attachments: Staff Report In a PowerPoint Presentation, Utility Finance Manger Cindy Corrente gave an overview of the timeline and modifications set forth for a 90 -day window during which time customers could settle their debt in return for the write-off of some, or all, of the accrued penalties and interest on their accounts. She summarized the progress made on the Utilities Accounts Receivable Bad Debt Settlement Process, noting 48 of the 159 outstanding water and sewer accounts, 5 of the 14 outstanding Impact Fee loans, and 54 of the 159 outstanding assessments were settled. She pointed out the County had made twenty-two (22) payment arrangements and the individuals had until May 6, 2022 to settle their debt. She indicated if the property owner failed to make payments under the agreement, the Utilities department was authorized to seek final settlements and foreclosure through the County Attorney; however, the process would include trying to reach a settlement in lieu of foreclosure. Utility Finance Manager Corrente, in response to Vice Chairman O'Bryan's question, stated that she was not aware of any of the new outstanding debts being COVID-19 related. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Earman, to approve staff's 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. 21-0943 Update on Status of No Discharge Zones in Indian River County and Indian River Lagoon Recommended Action: Discussion Attachments: Memorandum Attachment - Email from Janet Zimmerman Vice Chairman O'Bryan recalled the discussion at the September 21, 2021 Board meeting on the lagoon management plan at which he recommended adding no -discharge zones to the list of issues to be presented at the Joint Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final October 5, 2021 Tri -County Meeting. He referred to an email contained in the backup from Janet Zimmerman with the Florida Inland Navigation District (FIND) regarding the Florida Fish and Wildlife Conservation (FWC) Bill passed at the 2021 Legislative Session pending approval by the Environmental Protection Agency (EPA). The Bill created a no -discharge zone for waters of the United States within boundaries of any aquatic preserve. He felt this was a good step forward and stated that Indian River County was encompassed by two different aquatic preserves, but still wanted to include it as a topic for the Joint Tri -County Meeting because there may be sections of the lagoon not protected. He stated that the Florida Department Environmental Protection (DEP) would still need to submit an application to the EPA and suggested letters of support for the DEP and maybe adding it to the County's legislative priorities. Chairman O'Bryan mentioned the Clean Water Coalition had developed a list of boat pumpout facilities within the County to assist the DEP with the application process. County Administrator Jason Brown stated that he would be happy to include no -discharge zones on the legislative priorities list that would be coming before the Board at their October 12, 2021 meeting. No Action Taken or Required 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. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. 15.B.1. 21-0930 Request for General Funds - PACE Project and Other Community Projects FY2021-22 Recommended action: Staff recommends the Board of County Commissioners authorize up to $9,000.00 to be donated to various Protocol for Assessing Community Excellence (PACE)/illegal dumping projects for the sole purpose of paying associated landfill fees Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Letter from Health Department There was no discussion regarding this item. October 5, 2021 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 153.2. 21-0933 Recommended Action: Work Order No. 43 to Kimley-Horn for the Solid Waste Disposal District Annual Financial Reports Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve Work Order No. 43 with Kimley-Horn and Associates, Inc. in the amount of $47,200 to provide engineering services related to the SWDD Annual Financial Reports; and, b) Authorize the Chairman to execute the same, as presented Attachments: Staff Report Work Order No 43 - KHA There was no discussion regarding 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 C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 10:44 a.m. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes — Final October 5, 2021 I:r1111111WIS 5)w� Jeffrey . mrth, A, CGFO, CGMA Clerk of Circuit Court and Comptroller Deputy Clerk BCC/TCL/2021 Minutes Peter D. O'Bryan, G�.t1TY C04'...... i fir 1 �c�UllTy,��P\pP,• Approved: December 14, 2021 Indian River County Florida Page 14