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HomeMy WebLinkAbout11/16/2021 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com �`ZoRioA Meeting Minutes .- Final Tuesday, November 16, 2021 9:00 AM Commission Chambers This meeting can be attended virtually via Zoom. Instructions can be found included with this agenda and also online at www.ircgov.com. Board of County Commissioners Peter O'Bryan, Chairman, District 4 Joseph Earman, Vice Chairman, District 3 Susan Adams, District 1 Joseph Flescher, District 2 Laura Moss, District 5 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Courtand Comptroller Rhonda D. Zirkle, Deputy Clerk L Board of County Commissioners Meeting Minutes - Final November 16, 2021 1. CALL TO ORDER 2. ROLLCALL Present: 5- Commissioner Joseph Flescher Chairman Peter O'Bryan Commissioner Susan Adams Vice Chairman Joe Earman Commissioner Laura Moss 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. 'INVOCATION Deacon Freddie Woolfork, St. Peters Missionary Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 3.A. ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN Prior to handing over the gavel, Commissioner Flescher thanked the citizens, his colleagues, and County staff for their hard work during the time he had served as Chairman of the Board. County Attorney Dylan Reingold opened the floor for nominations for Chairman of the Board for the upcoming year. A motion was made by Commissioner Moss, seconded by Commissioner Adams, to elect Commissioner Peter D. O'Bryan to serve as Chairman of the Board of County Commissioners. The motion carried by the following vote: Aye: 5- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 3.B. ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN County Attorney Dylan Reingold opened the floor for nominations for Vice Chairman of the Board for the upcoming year. A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to elect Commissioner Joe Earman to serve as Vice Chairman of the Board -of County Commissioners. The motion carried by the following vote: Aye: 5- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final November 16, 2021 The first point of business for Chairman O'Bryan was to thank Commissioner Flescher, the former Chairman, for his leadership during a very challenging past year. Chairman O'Bryan then proceeded with the regular meeting. ADDITIONS Prior to the Meeting: The backup for Item I I .B. was updated During the Meeting: Item 14.13.3. was added to the Agenda A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Agenda as amended. The motion carried by the following vote: Aye: 5 - Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 5. PROCLAMATIONS and PRESENTATIONS 5.A. 21-1020 Presentation of Proclamation Honoring Carol Gollnick, Rebecca Seton, and Sandra Curl on their Retirements from the OF IFAS IRC 4-H Horsemasters Club Recommended Action: Read and Present Attachments: Proclamation Commissioner Adams read and presented the Proclamation to Ms. Carol Gollnick, Ms. Rebecca Seton, and Ms. Sandra Curl, thanking them for their many years of dedication to the youth through their work with the University of Florida Institute for Food and Agricultural Sciences (UF IFAS) Indian River County 4-H Horsemasters Club. Read and Presented 5.B. 21-0958 Presentation of Proclamation Designating December 18th, 2021, as Wreaths Across America Day in Indian River County Recommended Action: Read and Present Attachments: Proclamation Commissioner Flescher read and presented the Proclamation to Rick Lewis, Joe and Sue Cowley, and Rob Ryan, and recognized their efforts to ensure that every Veteran's resting place in the County would be adorned with a holiday wreath on December 18, 2021, for Wreaths Across America Day. Read and Presented 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final November 16, 2021 7.A. 21-1057 SWDD Closures and Collection Service Changes for the Thanksgiving Holiday Recommended Action: No action required - for informational purposes only Attachments: Staff Report Chairman O'Bryan provided an overview of the schedule changes for garbage, yard waste and recycling services, due to the Thanksgiving holiday. No Action Taken or Required 7.B. 21-1066 Florida Public Service Commission PAA Order PSC -2021 -0421 -PAA -EG approving integration of FPL's demand-side management plans and approving regulatory asset; if no protest, order to become final and effective on issuance of a CO and docket to be closed; protest due 11/30/21, a copy is on file in the Clerk to the Board Office. Recommended Action: Information Only No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 5- Commissioner Flescher; Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 8.A. 21-.1064 Work Order No. 46 for Kimley-Horn and Associates, Inc., 69th Street 12" Water Main Extension Recommended Action: Staff recommends the Board of County Commissioners approve Kimley-Horn and Associates, Inc. Work Order No. 46 in the amount of $ 89,515.00 Attachments: Staff Report Work Order No 46 Kimley-Horn and Associates Inc Approved staffs recommendation 8. B. 21-1065 Approval of an Amended Resolution of Necessity for Parcel of Right -Of -Way Located at 7950 66th Avenue, Vero Beach, FL 32967 Parcel 128 formerly owned by Audrey N. Williams, now owned by Leonard Ganbin, III and Kelly L. Jackson Recommended Action: Staff recommends that the Board approve the Amended Resolution of Necessity and authorize staff to proceed with the necessary right-of-way acquisition through the County's power of eminent domain. Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final November 16, 2021 Attachments: Staff Report Amended Resolution Williams Parcel Parcel Sketch and Legal Description Approved Resolution 2021-078, amending Resolution 2021-045 in order to revise the sketch and legal description for Parcel 128 as more particularly legally described herein; declaring a reasonable necessity to acquire certain real property for the purposes of improving and reconstructing 66th Avenue, including side street, intersection, sidewalk and water retention pond improvements; authorizing the County Attorney or its outside counsel to acquire the attached property by the institution of proceedings in eminent domain, and providing an effective date. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.B.1. 21-1067 Request to Speak from Freddie L. Woolfork and Joe Idlette III re: Gifford Neighborhood Plan Report Card Attachments: Request to Speak GNP Mr. Freddie Woolfork addressed the Commission to discuss communication between members of the Gifford community, the Board, and County staff with regard to the grade card for incomplete projects, complete projects, and the estimated time frame for project completion, which he referred to as "ICE." Mr. Joe Idlette, III, President of the Progressive Civic League, requested information on Phase II of the Gifford Neighborhood Planned Improvements. County Administrator Jason Brown provided an update regarding the construction of sidewalks on Martin Luther King Jr. Boulevard from 58th Avenue to US 1. He stated that the section from 43rd Avenue to US -1 had been worked out in an agreement with Brightline, and the section from 43th Avenue to 58th Avenue was being redesigned, which would require less right-of-way to be acquired. Administrator Brown anticipated that the project, known as 7.3. in the Gifford Neighborhood Planned Improvements, would be completed in 2023-2024. Commissioner Flescher addressed the "incomplete" grade on the 7.3 sidewalk project, noting his desire to get the grade changed to "complete" as soon as possible. No Action Taken or Required Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final November 16, 2021 C. PUBLIC NOTICE ITEMS County Attorney Dylan Reingold read the three (3) public hearing notices into the record. 10.C.1. 21-1059 Public Notice of Public Hearing for December 7, 2021, to Consider an Ordinance Establishing the Lakeside at Indian River Community Development District Attachments: Staff Report No Action Taken or Required 10.C.2. 21-1050 Notice of Public Hearing Scheduled for December 7, 2021 -Board Meeting for a Conceptual PD Plan and Special Exception Approval for a Multi -Family Development Recommended Action: The referenced public notice item is provided for the Board's information. No action is needed at this time. Attachments: Staff Report No Action Taken or Required 10.C.3. 21-1052 Notice of Public Hearing Scheduled for December 14, 2021 Board Meeting for a County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plana [Legislative] Recommended Action: The above referenced public hearing item is provided for the Board's information. Na action is needed at this time. Attachments: Staff Report No Action Taken or Required 11.: COUNTY ADMINISTRATOR MATTERS 11.A. 21-1058 CARES Act and ARP Funded Community Support Programs - Recommended Sunset Date Recommended Action: Staff recommends that the Board of County Commissioners establish a sunset date for the Small Business Assistance Program and the Nonprofit Assistance Program of December 31, 2021 Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final November 16, 2021 Attachments: Staff Report - CARES and ARP County Administrator Jason Brown referred to staffs memorandum dated November 8, 2021, to highlight the recovery programs/projects that had been supported with Coronavirus Aid, Relief, and Economic Security (CARES Act) and American Rescue Plan (ARP) funds. He recommended a sunset date of December .31, 2021 for the Small Business Assistance Program and the Nonprofit Assistance Program, and he proposed anew application deadline of November 19, 2021. Due to a backlog with the Federal government with regard to the System for Award Management (SAM), Administrator Brown felt it was appropriate that the Board extend the sunset date for applicants who had already registered with SAM.gov, and had submitted all documents for approval. Helene Caseltine, Economic Development Director, Indian River County Chamber of Commerce, and Tom Kindred, Regional Director, Florida Small Business Development Center at Indian River State College, voiced their appreciation for the Board's consideration of the applicants who had submitted their paperwork and were awaiting documentation from SAM.gov or other sources. Commissioner Flescher inquired about reopening the programs if it became necessary; Administrator Brown stated that the Board had the flexibility to make adjustments if there was a need. Chairman O'Bryan expressed his desire -to discontinue both programs.in the near future, and he requested a..progress update to be scheduled for the second meeting in February: Commissioner Moss felt that the Nonprofit Assistance Program should sunset at the end of February 2022, due to the amount of time the program had been in existence, which was less than six (6) months. Discussion ensued among the Board and Administrator Brown, with the majority of the Board agreeing that the deadline for accepting applications for the Nonprofit Assistance Program should be December 15, 2021. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to: 1) establish a sunset date of December 31, 2021 for the Small Business Assistance Program and the. Nonprofit Assistance. Program; 2) set a deadline of November 19, 2021 for accepting new applications for the Small Business Assistance Program; 3) set a deadline of December 15, 2021 for accepting new applications for the Nonprofit Assistance Program; and 4) allow additional time for the approval of applications that were in progress as of December 31, 2021. The motion carried by the following vote: Aye: 4- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, and Vice Chairman Earman Nay: 1 - Commissioner Moss Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final November 16, 2021 113. 21-1068 Eviction Diversion Program - Recommended Sunset Date Recommended Action: Staff recommends that the Board of County Commissioners establish a sunset date of December 31, 2021 for the Eviction Diversion Program as currently structured. Staff further recommends that the Board approve allocating $750,000 to the United Way of Indian River County to administer this program for the time period of January 1, 2022 through April 1, 2022, and authorize the Chairman to execute an agreement with the: United Way. Additionally, staff recommends that the Board approve reallocating $1.2 million of the remaining funds to reimburse the County Health Insurance fund for COVID-related treatment expenses. Attachments: Staff Report Eviction Diversion Program Proposed Sunset Dates County Administrator Jason Brown utilized staffs memorandum dated November 8, 2021, to update the Board on the Eviction Diversion Program (the Program). He provided the Board with a recommendation to sunset the County's administration of the Program on December 31, 2021, and to allocate $750,000to the United Way of Indian River County to administer the Program from January 1, 2022 through April 1, 2022. He acknowledged the support of Judge Nicole Menz, who initially introduced the Program and had served as a mediator in:the eviction diversion process. Administrator Brown also requested the Board's approval to transfer $1.2. million of the remaining funds to reimburse the County Health Insurance fund for COVID-19 related expenses. Meredith Egan and Lisa Kahle, representing the United Way of Indian River County, were present to acknowledge their role in continuing the Program. Members of the Board expressed their appreciation to all individuals who were involved in making the Program a success. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services Indian.River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final November 16, 2021 C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G, Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 21-1060 Indian River County. Committees - Member Reappointments Recommended Action: The County Attorney recommends that the Board consider the list of committee members requesting reappointment, and reappoint such members as the Board deems appropriate. Attachments: Staff Report j 211105 Committee Members Term Renewal 211105 Vacancies List (Term Exp 2022) - Info Only County Attorney Dylan Reingold referred to staffs memorandum dated November 8, 2021, to present the list of committee members seeking reappointment. He stated his intention to return to the December 7, 2021 meeting with nominees who have applied to serve on the Agricultural Advisory Committee and the Planning & Zoning Commission. A motion was made by Commissioner Adams, seconded by Commissioner Moss, to approve the County Attorney's list of committee members seeking reappointment in January 2022. The motion carried by the following vote: Aye: 5 - Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher B. Commissioner Peter D. O'Bryan 14.B.1. 21-1069 Request the Board to consider a letter of support or Resolution for Gifford Youth Achievement Center (GYAC) Downlinks In -Flight Proposal for NASA and to provide technical support if needed Recommended Action: Discussion Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final November 16, 2021 Attachments: Commissioner's Memorandum Downlinks Planning Guide Exp. 67 In -Flight Education Downlink Proposal Form Youth Programs Director Curtis Webb, from the Gifford Youth Achievement Center (GYAC), addressed the Board to request letters of support to accompany their proposal to NASA for the GYAC Downlinks In -Flight Program (the Program): Chairman O'Bryan clarified that the Program would allow the kids at the GYAC to have a direct link to the cosmonauts at the International Space Center. He was in favor of the Commissioners writing letters to accompany the application for 2022, and he suggested that Mr. Webb begin planning for a large event to: celebrate the Program in 2023. Chairman O'Bryan made mention that the GYAC, if approved, may need the assistance of the County's Information Technology (IT) staff, and that they could reach out to IT Director Dan Russell, who was familiar with NASA and the Program. Commissioner Flescher announced that he had recently written a letter of support with regard to the Program, and he would share his letter with his .. . fellow Commissioners. He expressed excitement for the possibility that the youth at the GYAC would be involved with the International Space Station. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to authorize the Board to write letters of support for the Gifford Youth Achievement Center (GYAC) to accompany their proposal to NASA for a Downlinks In -Flight Program, and to direct the County's IT staff to assist the GYAC with technical support if needed. The motion carried by the following vote: Aye: 5- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman; and Commissioner Moss 14.B.2. 21-1070 Request the Board consider appointing an alternate member to the Medical Examiner Task Force being put together by Senator Harrell Recommended Action: Discussion Attachments: Commissioner's Memorandum Chairman O'Bryan reminded his fellow Commissioners that he had recently been appointed to serve as a member of the Medical Examiner Task Force; he recommended the appointment of Vice Chairman Earman to serve as an alternate member in his absence. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final November 16, 2021 A motion was made by Commissioner Flescher, seconded by Commissioner Moss, to appoint Vice Chairman Earman to serve on the Medical Examiner Task Force as an alternate member in Chairman O'Bryan's absence. The motion carried by the following vote: Aye: 5- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman; and Commissioner Moss 143.3. 21-1073 City of Vero Beach Water update. (Clerk's Note: Item 14.B.3. was added to the Agenda) Chairman OBryan announced that the County was expecting an additional mediation meeting to be scheduled with the City of Vero Beach regarding the issue of water and the 1989 territorial agreement. He pointed out that Commissioner Flescher had been serving as the Board's representative at . previous meetings, and suggested that he remain in that capacity. Commissioner Flescher accepted the recommendation, and the Chairman stated that it was not necessary for the Board to vote on the item. A vote was not required C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services 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. B. Solid Waste Disposal District 15.6:1. 21-1062 Work Order No. 47 to Kimley Horn and Associates for Roadway and Drainage Improvements at the IRC Landfill Recommended Action: Solid Waste Disposal District staff recommends that its Board approve Work Order No. 47 with Kimley-Horn and Associates, Inc. for $37,060 to provide engineering services related to the Roadway and Drainage Improvements at the Indian River County Landfill and authorize the Chairman to execute the same, as presented Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final November 16, 2021 Attachments: Staff Report Work Order No 47 - KHA There was no discussion on the item. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss 15.8.2. 21-1063 Amendment No. 2 to Work Order No. 3 to Geosyntec for Phase I Redevelopment for South Gifford Road Landfill Recommended Action: Staff recommends that the Solid Waste Disposal District Board approves and authorizes the Chairman to sign Amendment No. 2 to Work Order No. 3 authorizing Geosyntec Consultants top rovide consulting services associated with Phase I of the Gifford Road Landfill Redevelopment Plan, at a not to exceed fee of $82,054.00 Attachments: Staff Report Geosyntec Amendment No 2 to WO No 3 Managing Director of the Solid Waste Disposal District Himanshu Mehta referred to staffs memorandum dated November 5, 2021 to highlight the improvements that were needed at the Indian River County Landfill, formerly known as the Gifford Landfill. Mr. Freddie Woolfork voiced his appreciation for the communication from Director Mehta, who stated that the project was moving forward. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Commissioner Flescher, Chairman O'Bryan, Commissioner Adams, Vice Chairman Earman, and Commissioner Moss C. Environmental Control Board 16. ADJOURNMENT There being no further business, Chairman O'Bryan adjourned the meeting at 10:31 a.m. Indian River County Florida Page 11 Board of County Commissioners ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Deputy Clerk BCC/RDZ/2021 Minutes Meeting Minutes — Final l Peter D. O'Bryan, Chairman November 16, 2021 Approved: February 8, 2022 �r •''•9'�fR couNr�'• , Indian River County Florida Page 12