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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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Peter D. O'Bryan, Chairman
November 16, 2021
Approved: February 8, 2022
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