HomeMy WebLinkAbout02/15/2022Indian 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, February 15, 2022
9:00 AM
Commission Chambers
Board of County Commissioners
Peter O'Bryan, Chairman, District 4
Joseph H. 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 Court and Comptroller
Terri Collins -Lister, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final February 15, 2022
1. CALL TO ORDER
2. ROLL CALL
Present: 5 - Chairman Peter O'Bryan
Vice Chairman Joe Earman
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Laura Moss
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF
THE ARMED FORCES
2.B. INVOCATION
Minister Jack White, Gifford Church of Christ
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams
4. ADDITIONSIDELETIONS TO THE AGENDA / EMERGENCY ITEMS
Deleted: Item 8.C. Approval of Renewal of the 800 MHz Communications System
Infrastructure Maintenance Contract with Communications International, Inc.
Move: Item 15.A.1. to be heard following the Consent Agenda
A motion was made by Commissioner Flescher, seconded by Commissioner Moss, to
approve the Agenda as Amended. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 22-0056 Presentation of Proclamation Honoring Joe Wiggins
Recommended Action: Read and Present
Attachments: Proclamation
The family of the late Joe Wiggins was present to accept a Proclamation honoring
Mr. Wiggins for his service to the community and dedication to the children in the
community.
Read and Presented by Chairman O'Bryan
5.B. 22-0096 Presentation of Proclamation Honoring the Progressive Civic League of Gifford for
60 Years of Service
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
Recommended action: Read and Present
Attachments: Proclamation
Joe Idlette, President of the Progressive Civic League of Gifford along with Freddie
Woolfork, Director of the Gifford Youth Achievement Center, thanked the Board
for the recognition and for their continued partnership. They spoke on the
achievements and the role of the volunteers in the strength and longevity of the
organization.
Read and Presented by Commissioner Flescher
5.C. 22-0138 Presentation of Proclamation Designating February, 2022, as 2-1-1 Awareness
Month
Recommended action: Read and Present
Attachments: Proclamation
Karen Bailey, 2-1-1 Help Me Grow Coordinator, spoke on the advocacy programs
which were available through the helpline.
Read and Presented by Vice Chairman Earman
5.D. 22-0124 Fellsmere Community Fridge Grand Opening and Ribbon Cutting
Recommended Action: For informational purposes only - no action required
Attachments: Staff Report
Solid Waste Disposal District Managing Director Himanshu Mehta was joined by
Recycling Education Coordinator Sue Flak; Recycling Specialist Jill Brown; City
of Fellsmere Chief of Police Keith Touchberry; and Linda Scalco representing the
volunteers from the Sunrise Rotary. Managing Director Mehta spoke on the
community fridge concept and mentioned the goal of the program was to reduce
food insecurity and food waste.
In a PowerPoint presentation, Recycling Education Coordinator Sue Flak detailed
the community project called the Fellsmere Fridge and pointed out the expenses for
the project were generously donated. She recognized the current
sponsors/supporters and the community of volunteers for taking care of and
maintaining the Fellsmere Fridge. She outlined the training for the volunteers and
the protocols for donations.
Chief Touchberry spoke on behalf of the City of Fellsmere on the Fellsmere Fridge
location, hours, and security details.
Ms. Flak, in response to questions posed by the Board, stated anyone interested in
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
supporting a community fridge in their area, volunteering, or donations was to
contact her at FellsmereFridge@gmail.com or (716) 472-0122.
Presentation by Sue Flak, Recycling Education and Marketing Coordinator for the
Solid Waste Disposal District
6. APPROVAL OF MINUTES
6.A. 22-0142 Regular Meeting of December 7, 2021
Recommended Action: Approve
Attachments: 12072021 BCC Draft
A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman,
to approve the Regular Meeting Minutes of December 7, 2021, as written. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 22-0119 Notice of Regular Meetings of the Indian River County Hospital District Board of
Trustees, for the year 2022.
Recommended Action: Approve
Attachments: IRCHD Meetings
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to
approve the Consent Agenda as presented. The motion carried by the following
vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
8.A. 22-0106 Amendment and Extension of Cattle Lease Agreement
Recommended Action: Staff recommends that the Indian River County Board of County Commissioners
authorize the Chair to execute the Amendment and Extension of the Cattle Lease
Agreement with Staski Enterprises, after final review and approval by the County
Attorney's office
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Board of County Commissioners Meeting Minutes - Final
Attachments: Staff Report
Amendment and Extension
Approved staffs recommendation
February 15, 2022
8.B. 22-0111 Fire Rescue Division Battalion Chief Posting & Vacation Compensation
Consideration
Recommended Action: Staff recommends the Board of County Commissioners authorize
dual -encumbrance for the Battalion Chief position not to exceed 30 days. Staff also
recommends that a special exception be made to the Administrative Policy Manual
Number AM 502.1 and authorize payment for 240 additional hours (20 days) of
accrued vacation leave, exceeding the maximum leave allowed to be paid.
Attachments: Staff Report
Vacation Leave Policy AM 502.1
Vacation Payout Breakdown
Approved staffs recommendation
8.D. 22-0107 Award of Annual Bid 2022017 for Temporary Staffing Services
Recommended Action: Staff recommends the Board award Bid 2022017 to Blue Arbor, Inc., AUE Staffing,
Inc., LFI Fort Pierce, Inc., Altrian, Inc., Spherion Staffing & Recruiting, and Secure
Technologies, LLC, approve the sample agreement, and authorize the Chairman to
execute the agreement after approval by the County Attorney as to form and legal
sufficiency.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
8.E. 22-0115 Children's Services Funding Allocation for Fiscal Year 2022/23
Recommended Action: Staff Recommends that the Board of County Commissioners approve FY 2022/23
funding for Children's Services at the full 0.1250 millage cap of $2,443,606.
Attachments: Staff Report
Children's Services Funding History
Approved staffs recommendation
8.F. 22-0120 Award of Annual Bid 2022030 for Back Lot Ditch Mowing
Recommended Action: Staff recommends the Board award Bid 2022030 to STS Maintain Services, Inc.,
and authorize the Purchasing Division to issue blanket purchase orders with the
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
selected contractors. Staff also recommends the Board authorize the Purchasing
Manager to renew this bid at the same rates for two (2) additional one (1) year
periods subject to satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best interest of Indian River
County.
Attachments: Staff Report
Approved staff's recommendation
8.G. 22-0132 Florida Inland Navigation District Project Agreement Amendment for #IR -18-67
Jones' Pier Conservation Area Public Use Improvements
Recommended Action: Staff recommends the Board accept the Project Agreement Amendment for
4IR-18-67 Jones' Pier Conservation Area Public Use Improvements and authorize
the Chairman to execute the Amendment after review and approval by the County
Attorney.
Attachments: Staff Memo
Agreement Amendment
Approved staffs recommendation
8.1. 22-0136 Renewal of Agreement for Food Concession Services and Lease at Sandridge Golf Club
Recommended action: Staff respectfully requests that the Board approve the third renewal term under the
existing lease and authorize the Chairman to execute the document.
Attachments: Staff Report
Agreement
Assumption and Joinder
1 st Renewal
2nd Renewal
Proposed 3rd Renewal
Approved staff's recommendation
8.J. 22-0125 Release of Retainage and Change Order No. 1, 58th Avenue (From North of 57th
Street to 85th Street/CR510), FM No. 436416-1-54-01, IRC -1325
Recommended action: Staff recommends approval of Change Order No. 1 and payment of Contractor's
Application for Payment No. 1325-9 in the amount of $316,570.41 for release of
retainage. Once final release of liens from all Timothy Rose Contracting, Inc.
suppliers and subcontractors have been received, reviewed and approved, final
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
payment will be processed.
Attachments: Staff Report
Change Order No. 1
Approved staff's recommendation
8. K. 22-0116 Renewal of Lease Agreement 26015 1 st Avenue, Vero Beach, FL 32966 Tenant:
Ember Pappas
Recommended Action: Staff recommends the Board approve the Renewal of Lease Agreement for the
property located at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the
Chairman to execute the Renewal of Lease Agreement on behalf of the Board.
Attachments: Staff Report
Renewal of Lease Agreement
Approved staff's recommendation
8. L. 22-0127 Indian River County Stormwater Needs Analysis, Jones Edmunds & Associates,
Inc. Work Order No. 2
Recommended Action: Staff recommends the BCC approve Jones Edmunds & Associates, Inc. Work Order
No. 2 in the amount of $35,537.00 for professional water resource engineering
support services associated with supporting County staff in meeting the data
collection and reporting requirements found in House Bill 53 (Stormwater Needs
Analysis). In addition, staff recommends that the Board authorize the Chairman to
execute Work Order No. 2.
Attachments: Staff Report
Work Order No. 2
Work Order #2 execution form
Approved staff's recommendation
B.M. 22-0129 Future Paving of 81st Street from 66th Avenue East Property Address: 6300 81st
Street, Vero Beach, FL 32967 Owner: CGV Investments, LLC
Recommended Action: Staff recommends the Board approve the Purchase Agreement in the amount of
$40,000.00, with an estimated $700.00 in closing costs to be paid by the County for
purchase of the 0.77 acres of the property located at 6300 81st Street, Vero Beach,
FL 32967, and authorize the Chairman to execute the purchase agreement on behalf
of the Board.
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
Attachments: Staff Report
Purchase Agreement
Approved staff's recommendation
8.N. 22-0131 Work Order No. 7 Ecological Associates, Inc. HCP Sea Turtle Monitoring North
and South County.
Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 7 to the
contract with Ecological Associates, Inc. in the amount of $93,830.35, and
authorize the Chairman to sign on behalf of the County
Attachments: Staff Report
Proposal (revised)
Agreement Execution
Approved staffs recommendation
8.0. 22-0134 Sector 5 Beach and Dune Restoration Project (IRC 1923) APTIM, Work Order No.
2018029-10, Year 2 Post -Construction Environmental Monitoring
Recommended Action: Staff recommends the BCC authorize Work Order No. 2018029-10 in the total lump
sum amount of $99,010.41. Additionally, staff recommends the BCC authorize the
Chairman to execute Work Order No. 2018029-10
Attachments: Staff Report
APTIM WO# 2018029-10
Agreement Execution
Approved staff's recommendation
8.P. 22-0146 Sector 3 Beach and Dune Restoration Project (IRC 1925) APTIM, Work Order No.
2018006-13, Post -Construction Environmental Monitoring (Phase 1, Year 1
Monitoring and Phase 2 Immediate Post -construction Monitoring)
Recommended Action: Staff recommends the BCC authorize Work Order No. 2018006-13 in the total lump
sum amount of $416,681.67. Additionally, staff recommends the BCC authorize the
Chairman to execute Work Order No. 2018006-13.
Attachments: Staff Report
APTIM WO #2018006-13
Agreement Execution
Approved staff's recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
A. PUBLIC HEARINGS
10.A.1. 22-0108 Public Hearing to Consider a Resolution Electing to Use the Uniform Method
for the Levy, Collection and Enforcement of Non -Ad Valorem Assessments for
Street Paving in the Oslo Park Area - LEGISLATIVE
Recommended Action: The County Attorney's Office recommends that after the public hearing the
Board vote to approve the draft resolution and the draft agreement with the Tax
Collector and Property Appraiser.
Attachments: Staff Report - Public Hearing
Draft Resolution
Draft Agreement
NOTICE OF PUBLIC HEARING IS ON FILE IN THE OFFICE OF THE
CLERK TO THE BOARD
County Attorney Dylan Reingold explained the process to establish a Municipal
Service Benefit Unit (MSBU) for the Oslo Park area under section 197.3632,
Florida Statutes.
Public Works Director Richard Szpyrka using a PowerPoint presentation
displayed the MSBU district in the area of Oslo Park electing to fund the
construction of paved roadways and associated drainage improvement. He
indicated there were 500 lots included in the area equating to 4.47 miles of road
within the designated Oslo Park District for a cost of approximately $5.5
million dollars. He broke down the costs per parcel by the number of years to
fund the project, and revised costs if the County constructed one -mile or a
half -mile of roadway. He also mentioned the petition paving process whereby
the County would fund the project and the landowners would reimburse the
County over a 10 -year period.
Chairman O'Bryan outlined the two-step process to establish a MSBU, and he
received clarification from Attorney Reingold in order to move forward.
County Attorney Reingold stated the Board would need to decide whether to
issue its intent to utilize the uniform method under Florida Statutes, and then
the County would notify the Property Appraiser and Tax Collector of its intent.
County Administrator Jason Brown further detailed the process going forward.
Commissioner Flescher discussed the street paving at Vero Lake Estates and
inquired whether there would be a mailer sent out with the notice of the MSBU
including the assessment rate options and an opportunity for the community to
provide feedback. County Administrator Brown responded that the County
could certainly provide a way for the public to provide feedback other than
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
attending a public hearing.
The Chairman opened the Public Hearing.
Lonnie Ingram, a representative for the road paving at Oslo Park, came forward
and indicated the street paving at Oslo Park area was much needed and spoke
on how much safer the community was since the MSBU for the Oslo Park
street lighting.
There were no additional speakers; the Chairman closed the Public Hearing.
A motion was made by Commissioner Flescher, seconded by Chairman
O'Bryan, to approve: 1) the draft Resolution electing to use the uniform method
for the levy, collection, and enforcement of non -ad valorem assessments
pursuant to Florida Statute 197.3632 to recover the costs of street paving in the
Oslo Park area; and 2) the draft agreement with the Tax Collector and the
Property Appraiser.
Under discussion, County Attorney Reingold, in response to a question posed
by Commissioner Moss, stated that the County was required to send a certified
letter to the homeowners with the purpose of the assessment, total amount of
the levy for each assessment, and how the County would apply the assessment.
He also mentioned the motion included the execution of the agreement with the
Tax Collector and the Property Appraiser.
Commissioner Adams felt there needed to be specifics communicated to the
residents in the Oslo Park area, such as how much was being assessed. County
Administrator Brown suggested bringing back more defined options at the next
hearing. Commissioner Adams wanted to make sure the lower income
households were part of the conversations when the Board made a decision on
the assessments. She also asked that the assessment options were
communicated to the public in a clear and concise manner to avoid any
misunderstanding, and agreed that there should be an outreach to the
community beyond sending a certified letter.
Chairman O'Bryan stated that he planned to schedule an evening meeting at the
Intergenerational Recreation Center to specifically discuss the Oslo Park Paving
after the certified letters had gone out to the residents. County Attorney
Reingold referred to the remarks made by County Administrator Brown in
terms of the options, and suggested including the assessment rate that would get
the road paving done the quickest in the notice. County Administrator Brown
agreed with starting the communication with the community before it was
required in the process in order to receive more feedback early on in the
process.
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
Director Szpyrka liked the idea of a community outreach meeting before the
formal hearings on the MSBU. Commissioner Flescher brought up the
Sunshine Law and looked forward to hearing the results from the community
meeting.
Chairman O'Bryan sought and received clarification from County Attorney
Reingold on what action was needed from the Board at the present meeting.
County Attorney Reingold restated the motion to include the additional
verbiage: to direct staff to conduct additional community outreach and
supported conducting a neighbor meeting.
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,
to approve: 1) Resolution 2022-011, electing to use the uniform method for the
levy, collection, and enforcement of non -ad valorem assessments pursuant to
Florida Statute 197.3632 to recover the costs of street paving in the Oslo Park
area; 2) agreement with the Tax Collector and the Property Appraiser; and 3)
direct staff to conduct additional community outreach and supported conducting
a neighbor meeting. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
10.C.1. 22-0135 Public Notice of Public Hearing for March 1, 2022, for Ordinance Amending
Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100
"General Provisions" of the Code of Indian River County, Codifying and
Publishing the Ordinances to Readopt the Code up to and Including Supplement
141
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS
11.A. 22-0137 Resolution in Support of the Adoption of House Bill 631 and Senate Bill 780 as
Filed in the 2022 Florida Legislative Session
Recommended Action: County staff recommends the Board of County Commissioners of Indian River
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
Florida pass a Resolution in support of the adoption and passage of House Bill 631
(by Representative Grall) and Senate Bill 780 (by Senator Hutson) as filed in the
2022 Florida Legislative Session and extends its appreciation to the local legislative
delegation for its support and assistance.
Attachments: Staff Memo
Proposed Resolution
Letter from City of Vero Beach
Kathleen Forst, Legislative Affairs and Communications Manager, presented a joint
resolution in support of the adoption of House Bill (HB) 631 and Senate Bill (SB)
780 proposed legislation amending section 332.007, Florida Statutes to allow
commercial service or general aviation airports with fewer than 100,000 passenger
boardings per year not to be subject to reduced grant contributions. Chairman
O'Bryan received confirmation the resolution would be sent to the local legislative
delegation and added to the list of priorities.
Commissioner Moss was in full support of the resolution, pointing out the airport
was essential to the local economy and benefits the entire County.
A motion was made by Commissioner Moss, seconded by Chairman O'Bryan, to
approve Resolution 2022-012, in support of the adoption of House Bill 631 and Senate
Bill 780 as filed in the 2022 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 O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
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
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
12.H.1. 22-0123 Replacement of Well S-1 at the South County Water Treatment Plant
Recommended Action: Staff recommends that the Board of County Commissioners (BCC) approve the
use of cash balance in the amount of $1,822,511 to cover the total affiliated
costs of the replacement of the South County Water Treatment Plant well S-1;
and, Staff also recommends that the BCC approve Work Order No. 8 with
Kimley-Horn and Associates, Inc., in the amount of $222,511 for engineering
services for the surveying, permitting, bidding, and construction services for the
replacement of well S-1, and authorize the Chairman to execute said work order
on their behalf
Attachments: Staff Report
Work Order No 8 with KHA
Interim Utility Director Cindy Corrente sought approval to utilize the operating
cash balance to fund the replacement of the Well S-1 at the South County Water
Treatment Plant, noting the total project expenses were approximately just over
$1.8 million. She indicated as a requirement of the St. Johns River Water
Management District, the County was tasked to explore other water sources to
provide potable water to the community without impacting existing legal users.
She added the intention was to drill the existing well deeper to provide the
additional water source without having to find another area to drill a well;
however, she indicated Well S-1 was over 40 years old and had collapsed while
drilling.
Commissioner Moss sought and received information from Interim Utility
Director Corrente regarding the maintenance of the wells.
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve staff's recommendation. The motion carried by the following
vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
The Chairman called a recess at 10:27 a.m., and reconvened the meeting at 10:37
a.m., with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. 22-0145 Unconditional Offer for a Parcel of Right -Of -Way Located at 8055 66th Avenue,
Vero Beach, FL 32967 Parcel 130 Owned by Robert and Marygrace Sexton
Recommended action: Staff recommends the Board approve an unconditional offer to purchase the
necessary right-of-way from the Sextons at a price of $25,000.
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
Attachments: Staff Report
Aerial Photo - Sexton - Parcel 130
Sketch and Legal Description - Sexton Parcel 130
Deputy County Attorney William K. DeBraal presented the unconditional offer for
a 0.40 -acre parcel of right-of-way for the 66th Avenue project located at 8055 66th
Avenue owned by Robert and Marygrace Sexton. Deputy County Attorney
Debraal stated the unconditional offer was the last step in the eminent domain
process before filing suit, and confirmed the 0.40 -acre parcel was recently
appraised at $20,500. He indicated it was common to add an incentive of 15% on
top of the appraised value to encourage a quicker settlement; however, after
discussing the matter with staff, the unconditional offer amount was rounded up for
a total amount of $25,000.
Chairman O'Bryan referred to two recent acquisitions of right-of-way with similar
acreage, and stated he wanted to see more of the money go to the Sextons, rather
than to outside consultants or attorneys. He proposed an unconditional offer of
$45,000. County Administrator Jason Brown recalled a recent acquisition, which
involved a driveway as the reason for the higher unconditional offer; although he
agreed removing citrus and irrigation from the Sexton property could drive up the
price. Chairman O'Bryan dropped his offer from $45,000 to $40,000, with County
Administrator Brown in agreement.
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to
approve an unconditional offer to purchase the necessary right-of-way from the
Sextons at $40,000. The motion carried by the following vote:
Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
14.A.1. 22-0118 Discussion to Consider Local Water Irrigation Ordinance
Recommended Action: Discussion
Attachments: Commissioner's Memorandum
Martin County Water Irrigation Ordinance No. 1173
SJRWMD - Model Water Conservation Ordinance
Chairman O'Bryan recalled St. Johns River Water Management District's
(SJRWMD) guidelines for irrigation for both residential and commercial
properties, noting that SJRWMD does not have enforcement capabilities; they
instead turned to the local governments to adopt enforcement ordinances. He
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
added the Board at the time voted not to enforce the SJRWMD guidelines.
Chairman O'Bryan stated SJRWMD recently issued guidance stating local
governments who wanted to participate in their cost -share program must adopt
a local irrigation ordinance. He mentioned the County had benefited
significantly from their cost -share program in the past and spoke of a water
irrigation ordinance recently adopted by the Martin County Board of County
Commissioners. He stated he had forwarded the Martin County ordinance to
SJRWMD for their input and their legal department reached out to the County
Attorney's Office to relay their concerns with the ordinance.
Chairman O'Bryan asked for the Board's consideration to move forward with a
SJRWMD local irrigation model ordinance in order to continue receiving
cost -share dollars, and for the Board to decide whether to include the
mandatory or voluntary enforcement aspect in the ordinance. He noted the
County would still be able to apply for cost -share dollars for the current year as
long as the County was making progress toward adopting a local water
irrigation ordinance.
Commissioner Flescher supported the conservation of water for future
generations, but he felt the enforceability aspect of the ordinance would be
difficult.
Vice Chairman Earman discussed the importance of receiving cost -share dollars
and inquired whether the SJRWMD model ordinance could be tweaked to be
tailored for Indian River County. James Cannon, Intergovernmental
Coordinator, SJRWMD, replied in the affirmative as long as the County's
ordinance contained the specific language included in the model ordinance.
He pointed out the language contained in Martin County's ordinance conflicted
with the requirements set by the SJRWMD.
Commissioner Adams was in support of a local water irrigation ordinance and
felt it was a good educational tool just like the County's Fertilizer Ordinance.
Commissioner Moss supported a local water irrigation ordinance and felt the
SJRWMD model ordinance was straightforward. The only problem she could
foresee with the SJRWMD model ordinance was the penalties for the violations
were so minimal.
County Attorney Dylan Reingold sought and received clarification from
Chairman O'Bryan that the ordinance should only apply to the unincorporated
area of the County.
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve moving forward with a local water irrigation ordinance in the
unincorporated area of the County based upon the St. Johns River Water
Management District's model. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher. and Commissioner Moss
A discussion ensued among the Board concerning the penalties for violation of the
local irrigation ordinance. The majority of the Commissioners spoke in support of
some enforcement aspect of the local irrigation ordinance, with Commissioner
Flescher expressing his concern and opposition to the $500 fine. A discussion
followed on the penalty amounts for each of the violations. Commissioner Adams
sought and received confirmation of the penalties for violation of the ordinance:
First violation would be a written warning; second violation, $50.00; and the third
and subsequent violations, $100 for each violation.
Community Development Director Phil Matson and Code Enforcement Director
Andy Sobczak both spoke on the difficulties with the enforcement aspect of the
proposed local irrigation ordinance.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the enforcement aspect of the local water irrigation ordinance, providing
for penalties for violation of the ordinance: First Violation, Written Warning; Second
Violation, $50.00; and Third and subsequent violations, $100 for each violation. The
motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner
Flescher
Nay: 1 - Commissioner Moss
B. Commissioner Joseph H. Earman, Vice Chairman
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
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 Emergency Services District. The minutes will be
approved at an upcoming Emergency Services District meeting.
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
15.A.1. 22-0128 Approval of Affiliation Agreements with Certified EMT/Paramedic Training
Programs
Recommended action: The County Attorney's Office recommends the Board, in its capacity as the
Indian River County Emergency Services District, approve the Affiliation
Agreement template and authorize the Chairman to execute the individual
Agreements with the above listed training programs on behalf of the District.
Attachments: Staff Report
Ride along EMT Template
There was no discussion regarding this item.
A motion was made by Vice Chairman Earman, seconded by Commissioner
Flescher, to approve staff's recommendation as presented. The motion carried by
the following vote:
Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
The Board of Commissioners adjourned the Emergency Services District meeting
and reconvened as the Board of County Commissioners of the regular meeting
continuing with Item 10.A.1. Public Hearings.
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. 22-0113 Approval of Minutes Meeting of November 16, 2021
Recommended Action: Approve
Attachments: 11162021 SWDD Draft
Approved
15.B.2. 22-0144 Approval of Minutes Meeting December 7, 2021
Recommended Action: Approve
Attachments: 12072021 SWDD Draft
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
A motion was made by Vice Chairman Earman, seconded by Commissioner
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of
November 16, 2021 and December 7, 2021, as written. The motion carried by the
following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
15.B.3. 22-0130 Work Order No. 15 to Geosyntec for C&D Landfill Permit Renewal
Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that its Board
approve the following: a) Approve Work Order No. 15 with Geosyntec
Consultants for $38,993 to provide engineering services related to the SWDD
construction and demolition landfill permit renewal; and, b) Authorize the
Chairman to execute the same, as presented
Attachments: Staff Report
Work Order No 15 - Geosyntec
There was no discussion regarding this 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- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
15.B.4. 22-0140 Mixer Installation for the Above Ground Storage Tank at the IRC Landfill
Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the
following: a) Waive the requirement for bids for the purchase and installation
of a mixer for the existing above ground storage tank at the Indian River
County Landfill in a not -to -exceed amount of $210,966 to FJ Nugent; and, b)
Authorize the Purchasing Manager to issue a purchase order to FJ Nugent for
this project, after receipt and approval of the required vendor insurance, and
after final terms and conditions have been approved by the County Attorney.
Attachments: Staff Report
Memorandum from Kimley-Horn
Proposal from FJ Nugent
Chairman O'Bryan sought and received confirmation from Himanshu Mehta,
Managing Director of the Solid Waste Disposal District, that the mixer
installation at the IRC Landfill was part of the leachate treatment project.
A motion was made by Vice Chairman Earman, seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner
Flescher, and Commissioner Moss
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Board of County Commissioners Meeting Minutes - Final February 15, 2022
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 11:15 a.m.
Indian River County Florida Page 18
Board of County Commissioners Meeting Minutes - Final
ATTEST:
V
Jeffre Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: � d' "AIA—) -
Deputy Clerk
BCC/TCL/2022 Minutes
February 15, 2022
Approved:
Mav 3. 2022
Indian River County Florida rage iv