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HomeMy WebLinkAbout06/21/2022 (4)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com 1 G Q �C �Ic X11: Meeting Minutes - Final Tuesday, June 21, 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 Shauna James, Deputy Clerk Board of County Commissioners Meeting Minutes - Final 1. CALL TO ORDER Present: 5 - Chairman Peter O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Laura Moss June 21, 2022 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Bryant, Ryanwood Fellowship Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph H. Earman, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Move: Item 15.A.1 to follow Item 8 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 S.A. 22-0430 Presentation of Proclamation Honoring Frank LoMonaco on his Retirement from the Indian River County Sheriffs Office Recommended Action: Read and Present Attachments: Proclamation Prior to reading the Proclamation, Commissioner Flescher reflected on his time spent working with Frank LoMonaco. He thanked Mr. LoMonaco for his professionalism, dedication, and his continued commitment to the inmates at the correctional facility. Indian River County Sheriff Eric Flowers thanked Mr. LoMonaco for his 30 years serving the community and was grateful for him and his family who devoted their lives to public service. Sheriff Flowers stated Mr. LoMonaco would be honorarily promoted to Captain. Read and presented by Commissioner Flescher 5.B. 22-0504 Presentation of Proclamation Honoring Lori Bloom on Her Retirement from the Office Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final 5.C. of the Indian River County Tax Collector with 33 Years of Service Recommended Action: Read and Present Attachments: Proclamation [Clerks note: this Item was heard following Item 10.C.1] June 21, 2022 Ms. Lori Bloom stated she was honored to have served the public and thanked the Board for the recognition. Ms. Bloom was joined by her family and staff from the Tax Collector's office. Carole Jean Jordan, Tax Collector, Jeffery R. Smith, Clerk of the Circuit Court & Comptroller, and Commissioner Flescher, each reflected on Ms. Bloom's dedication to the County and expressed how much she would be missed. Read and presented by Commissioner Moss 22-0503 Presentation of Proclamation Recognizing July, 2022, as Parks & Recreation Month and July 15th as Parks & Recreation Professionals' Day Recommended Action: Read and Present Attachments: Proclamation [Clerks note: this Item was heard following Item S.A.] County Administrator Mike Zito announced Beth Powell had been promoted as the new Parks and Recreation Director and congratulated Ms. Powell on her promotion. Ms. Powell stated she appreciated all of the Parks and Recreation professionals and was excited about the opportunities ahead. She was joined by staff from the department and went on to highlight the many parks and recreation facilities available to the public. She continued, staff was delighted to celebrate Parks and Recreation month and looked forward to an amazing year of programming recreation and improving the quality of life for all of residents and visitors in Indian River County. Read and presented by Vice Chairman Earman 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 22-0496 Presentation of Proclamation Honoring Lonn David Benham on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services Fire Rescue Division with Thirty -One Years of Service Attachments: Proclamation [Clerks note: this Item was heard following Item S. C.] Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final June 21, 2022 Chairman O'Bryan thanked Lorin David Benham for his years of service protecting the public. Vice Chairman Joe Earman commented he had spent many years working with Mr. Benham and stated he was an asset to the community and had made it a better place. No Action Taken or Required 73. 22-0509 SWDD Closures and Collection Service Changes for the 4th of July Holiday Recommended action: For informational purposes only - no action required Attachments: Staff Report Chairman O'Bryan stated the solid waste garbage collection for the Fourth of July would be pushed back by one day. No Action Taken or Required 7.C. 22-0513 Indian River County Venue Event Calendar Review Recommended action: This is an informational item only; no Board action is required Attachments: Event Calendar [Clerks note: this Item was heard in conjunction with Item S.C.] Chairman Peter O'Bryan highlighted on the event Calendar the Vero Beach Gun Show, the Busch Wildlife Center Live Animal Show, and Murder Mystery Dinner. He congratulated Beth Powell on her promotion to Parks and Recreation Director. No Action Taken or Required 7.D. 22-0500 Florida Public Service Commission PAA Order PSC -2022 -0203 -PAA -EQ. Approving FPL's amended standard offer contract and rate schedule; if no protest, order to become final and effective on issuance of a CO; if order becomes final, docket to be closed; protest due by 6/30/22, a copy is on file in the Office of the Clerk to the Board. Recommended Action: Information only 8. CONSENT AGENDA No Action Taken or Required A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Consent Agenda as amended, pulling Items 8.C. and 8.1). for discussion. Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final The motion carried by the following vote: June 21, 2022 Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 8.A. 22-0454 Quarterly Investment Report for Quarter Ending 3/31/2022 Recommended Action: Accept the Report Attachments: FINANCE DEPARTMENT STAFF REPORT Accepted 8.B. 22-0455 Quarterly OPEB Trust Report for Quarter Ending 03/31/2022 Recommended Action: Accept the Report Attachments: FINANCE DEPARTMENT STAFF REPORT Accepted 8.C. 22-0456 Traffic Education Fund Quarterly Report 3/31/2022 Recommended action: Staff recommends that the Board of County Commissioners accept the attached report. Attachments: FINANCE DEPARTMENT STAFF REPORT Indian River Shores Councilmember Bob Auwaerter questioned if the Traffic Education Fund could, under the Florida Statute, expand the use of those funds to develop public safety announcements or other means to educate the public on bicycle safety. Councilmember Auwaerter stated the Indian River County Metropolitan Planning Organization (MPO) and Florida Department of Transportation (FDOT) had adopted the Target of Zero, to attain zero fatalities and serious injuries involving pedestrians and bicycle riders in the State. County Attorney Dylan Reingold referred to Section 318.1215, of the Florida Statutes, the Dori Slosberg Driver Education Safety Act, which stated a Board of County Commissioners may require, by Ordinance, the Clerk of the Court to collect an additional five dollars with each civil traffic penalty to be used to fund driver education programs in public and non-public schools. He stated it would require an amendment from the state legislation to expand the use of funds for education on bicycle safety. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to accept the Traffic Education Fund Quarterly Report. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final 8.D. 22-0476 Quarterly Tourist Development Tax Report for Quarter Ending 03/31/2022 8.E 8.F June 21, 2022 Recommended Action: Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. Attachments: Finance Department Staff Report Chairman O'Bryan noted the Quarterly Tourist Development Tax Report showed a strong first quarter of 2022, collecting over a million dollars in revenue. Clerk of the Court and Comptroller Jeffrey R. Smith stated the $1.6 million in revenue was an all-time high in the collection of tourist tax and attributed it to a new hotel and the hotels had stopped the discounting that took place during the COVID-19 pandemic. Chairman O'Bryan thanked Mr. Smith and his team for their effort ensuring everybody was in compliance. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to accept the Quarterly Tourist Development Tax report for Quarter Ending 03/31/2022. The motion carried by the following vote: Aye: 5 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss 22-0473 Approval of a Scope of Services with the Center for Transportation Research for the 2023 Transit Development Plan (TDP) Major Update Recommended Action: Staff recommends that the Board of County Commissioners review the Transit Development Plan Major Update Draft Scope of Services prepared by the Center for Urban Transportation Research (CUTR), waive the requirement for bids, and authorize staff to issue a Purchase Order in the amount of $160,240.21 for Consultant Services. Attachments: Staff Report TDP Scope of Services Approved staffs recommendation 22-0419 Designation of Excess Equipment as Surplus and Authorization for Disposal and Reactivation of Asset 24738 Recommended Action: Staff recommends the Board reactivate asset 24738, declare the items on the Excess List for 062122 Agenda as surplus, and authorize their disposal. Attachments: Staff Report Excess List for 062122 Approved staffs recommendation 8.G. 22-0474 Miscellaneous Budget Amendment 006 Recommended action: Staff recommends the Board of County Commissioners approve the budget resolution Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final June 21, 2022 amending the fiscal year 2021-22 budget. Attachments: Staff Report 2021 2022 Resolution Exhibit "A" Approved Resolution 2022-034, amending the Fiscal Year 2021-2022 Budget. 8.H. 22-0505 Winter Beach Tower Lease Amendment Recommended Action: The staff has coordinated with the County's Telecommunications Tower Consultant and the County Attorney on the contents of the lease amendment. Staff recommends that the Board approve the lease amendment and authorize the Chairman to execute the lease amendment and any associated lease documentation and permits. Attachments: Staff Report Third Amendment Site Plan Approved staffs recommendation 8.1. 22-0506 Resolutions Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frames of July 13, 2022, through and including August 15, 2022 and August 17, 2022, through and including September 12, 2022 Recommended Action: Authorize the Chairman to sign the Resolutions as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the periods of July 13, 2022, through and including August 15, 2022 and August 17, 2022, through and including September 12, 2022. Attachments: Staff Report 2022 RESO delegating auth admin break 1 2022 RESO delegating auth admin break 2 Approved Resolution 2022-035, delegating authority to the County Administrator or his Designee, to execute resolutions calling letters of credit as necessary during the period commencing July 13, 2022, through and including August 15, 2022, and further delegating to the County Administrator or his Designee to execute all documents necessary to the proper functioning of the County during the period commencing July 13, 2022, through and including August 15, 2022; and Resolution 2022-036, delegating authority to the County Administrator or his Designee, to execute resolutions calling letters of credit as necessary during the period commencing August 17, 2022, through and including September 12, 2022, and further delegating to the County Administrator or his Designee, the authority to execute all documents necessary to the proper functioning of the County Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final June 21, 2022 during the period commencing August 17, 2022, through and including September 12, 2022. 8.J. 22-0508 Work Order No. 4 -Andersen Andre Consulting Engineers, Inc., IRC -1639 - 69th Street From 66th Ave. to SR/US 1, Resurfacing Construction Materials Testing Services Recommended Action: Staff recommends approval of Work Order No. 4 to Andersen Andre Consulting Engineers, Inc. authorizing the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute Work Order No. 4 on their behalf for a not -to -exceed amount of $46,510. Attachments: Staff Report Work Order No. 4 & Scope Approved staff's recommendation 8.K. 22-0511 11th Drive Project Construction Inspection Cost Share Approval Recommended Action: Staff recommends the Board approve funding in the amount of $58,416.00 for the reimbursement of Construction Inspection Services costs to Russell for the County portion of 11 th Drive Attachments: Staff Report Russell-Moler Construction Services Contract Approved staffs recommendation 8.L. 22-0512 Authorizing Resolution to Delegate Signature Authority for Grant Applications to Various Agencies Recommended Action: Staff recommends the authorizing Resolution be approved for the Chairman's signature delegating signature authority for various agency grant application submittals to the Assistant County Administrator, Parks and Recreation Director, and/or Conservation Lands Manager. Attachments: Staff Report Authorizing Resolution for Grant Applications Approved staffs recommendation and Resolution 2022-037, authorizing the Board to delegate specific signature authority for various agency grant applications to the Indian River County Assistant County Administrator, Parks and Recreation Director, and Conservation Lands Manager. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final A. PUBLIC HEARINGS June 21, 2022 PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 22-0499 Consideration of the Disposition of County Owned Surplus Properties for Affordable Housing Recommended action: Staff recommends that the Board of County Commissioners review the list, make any appropriate changes, and approve the resolution accepting the list of County owned surplus properties that are appropriate for the provision of affordable housing. Attachments: Staff Report Section 125.379 Florida Statute List Map and Aerial Draft Resolution [Clerks note: this Item was heard following Item 15.A. 1.] Chief of Long -Range Planning John Stoll reviewed the information contained in his memorandum dated June 8, 2022, regarding the disposition of the County -owned surplus properties for affordable housing. He pointed out Section 125.379 (1) of the Florida Statute required each county to prepare an inventory list of all real property that it holds fee simple title that was appropriate for use as affordable housing within its jurisdiction. Chief Stoll, through a PowerPoint presentation, outlined the details of S.125.379 (1) F.S. and identified three (3) of the 541 properties currently owned by the County on the list that were not designated for any specific public use. Two of the parcels were single-family lots appropriate for affordable housing and one was landlocked and not buildable. He informed the Board the staff report had previously listed 4887 34th Avenue to be donated as affordable housing. Upon further research, staff learned there was no legal access and determined it would be best to sell the parcel and donate the proceeds to the State Housing Initiative Program (SHIP). He mentioned the local non-profit housing organizations interested in the three properties identified and staff supported the donation of these aforementioned parcels. In response to a question posed by Commissioner Moss, Chief Stoll stated the determination of parcels available for affordable housing on the list was based on the distribution to Utilities, Public Works for conservation land, stormwater right-of-ways access, future stormwater and utility projects, and other entities within the County on land exchanges, leaving 3 of the 541 available parcels for affordable housing. Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final June 21, 2022 County Attorney Dylan Reingold sought and received clarification on the motion that 4887 34th Avenue would be sold and not donated. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve Resolution 2022-034, approving the list of County owned properties appropriate for the provision of affordable housing and providing for the disposition of those properties, amending Appendix A, 2022 List of the Indian River County Surplus Properties, to show disposition of the County Surplus Lands located at 4887 34th Avenue should be sold. 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 10.8.1. 22-0480 Request to Speak from Savanna Randle, VLE Re: To Make Vero Lake Estates a Golf Cart Community Recommended Action: No action required Attachments: Request to Speak Randle Ms. Savanna Randle, a resident of Vero Lake Estates (VLE), presented a request for the Board to adopt an Ordinance allowing the use of golf carts in the VLE community. Ms. Randle stated she had posted a petition on Facebook and obtained over 650 signatures. She also remarked most of the residents were in favor of the proposal, with many concerned about safety. Chairman O'Bryan informed Ms. Randle the Board does not take action on public requests to speak items and a Commissioner would need to bring the item forward as a formal agenda item. He also recommended a letter from the Sheriff's office to deem it would be safe from a law enforcement point of view. Ms. Mary Lou Ciambriello of VLE spoke in support of Ms. Randle's request to the Board and stated her immense concern for the safety of the residents, children, and pets in the community. Ms. Ciambriello lauded Ms. Randle's efforts in bringing this together. Commissioner Susan Adams stated Ms. Randle had met with all five (5) County Commissioners and planned to meet with the Sheriff. She commented it was a longer process due to the statutory requirements. Commissioner Adams thanked Ms. Randle for her efforts and for bringing this before the Board. No Action Taken or Required C. PUBLIC NOTICE ITEMS Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final June 21, 2022 10.C.1. 22-0501 Notice of Public Hearing Scheduled for July 5, 2022 Board Meeting for an LDR Amendment Modifying the Criteria for Accessory Dwelling Units Recommended Action: The referenced public notice item is provided for the Board's information. No action is needed at this time. Attachments: Staff Report County Attorney Dylan Reingold read the notice into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS I I.A. 22-0477 Executive Session to Discuss IAFF Negotiations Attachments: Staff Report Executive Session IAFF County Administrator Jason Brown announced an executive Session would be held following the June 21, 2022 Board meeting. No Action Taken or Required 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 13. COUNTY ATTORNEY MATTERS 13.A. 22-0518 FDOT Agreement for Brightline Improvements and Brightline Subrecipient Agreement Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final June 21, 2022 Recommended action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners vote to approve the State of Florida Department of Transportation Local Transportation Project Funding Agreement and the Indian River County - Brightline Subrecipient Agreement and authorize the chair to execute the agreements after final review and approval by the County Attorney. Attachments: Staff Report Indian River County 55.039 Prosect Brightline Subrecipient Agreement County Attorney Dylan Reingold stated that in June 2021, the Board entered into a settlement agreement with Brightline which had resolved the County's litigation with the company and as part of the settlement agreement, the County fully agreed to cooperate in pursuit of various grants that would assist in providing safety improvements in Indian River County. He mentioned the State adopted a proviso allocating money for various safety improvements within the County. These funds would normally go to the Florida Department of Transportation (FDOT), however, FDOT could not directly provide the funds to Brightline; a local sponsor or entity would need to be involved. Attorney Reingold outlined additional provisions which had been negotiated by staff to address invoice payment timeline issues Brightline had with the County's agreement. A discussion followed in regard to the potential safety improvements. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, 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 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman 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 Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final June 21, 2022 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. 15.A.1. 22-0407 Approval of Second Renewal of Second Amendment of Property Lease for Temporary Location of Fire Station #7 Recommended Action: Staff recommends approval of the second renewal of property lease. Attachments: Staff Report Second Renewal of Second Amendment Lease [Clerks note: this Item was heard following Item 8.D.J There was no discussion on this Item A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, 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 B. Solid Waste Disposal District The Board of Commissioners adjourned the meeting of the Emergency Services District and 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. 22-0514 Approval of FY 2023 CPI Adjustment Request by Waste Management for Franchise Agreement Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the request for a 3.00% rate adjustment by Waste Management, Inc. of Florida, and authorize the County Administrator or his designee to send a letter of approval Attachments: Staff Report Rate Adjustment Letter from WM Solid Waste Disposal District (SWDD) Managing Director Himanshu Mehta stated that in accordance with the franchise agreement with Waste Management (WM) there was an annual provision in the agreement for a price adjustment to not exceed a cap of 3%. He stated WM did submit the request for the fiscal year 2023 requesting an additional increase of approximately 17.43%. A negotiation meeting was held to convey staffs position that they could not support such an increase and WM elected to maintain the 3% in accordance with the agreement. Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final June 21, 2022 Debbie Perez, WM Government Affairs Manager, outlined the reasoning for the requested 17.43% increase which breaks down to 16 cents per home, pointing out the 3% per the annual provision agreement would now be 2 cents per service, per home. Utilizing a PowerPoint presentation, an infographic displayed the inflationary costs of 29% increase in maintenance costs, 99% plus increase in fuel costs, and a significant increase in front-line labor wage increases. County Administrator Jason Brown stated he understood the inflationary costs WM was facing, as he has seen the same in the County's operations. He commented he hoped to continue the partnership between the County and WM and that WM does a good job. A motion was made by Commissioner Adams, seconded by Vice Chairman Earman, to approve staffs recommendations. The motion carried by the following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and Commissioner Moss C. Environmental Control Board 16. ADJOURNMENT There being no further business the Chairman adjourned the meeting at 10:14 A.M. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes — Final June 21, 2022 Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller � a � Peter O'Bryan, Chairman By: _ Approved: August 16, 2022 Deputy Clerk BCC/SJ/2022 Minutes Indian River County Florida Page 14