HomeMy WebLinkAbout07/05/2022Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Meeting Minutes - Final
Tuesday, July 5, 2022
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 July 5, 2022
1. CALL TO ORDER
Present: 4 - Vice Chairman Joe Earman
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Laura Moss
Absent: 1 - Chairman Peter O'Bryan
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF
THE ARMED FORCES
2.B. INVOCATION
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Commissioner Flescher, seconded by Commissioner Moss, to
approve the Agenda as presented. The motion carried by the following vote:
Aye: 4 - Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
5. PROCLAMATIONS and PRESENTATIONS
5.A. 22-0530 Presentation of Proclamation Honoring Jason Bourdette on his Retirement from the
Indian River County Sheriffs Office
Recommended Action: Read and Present
Attachments: Proclamation
Mr. Jason Bourdette was joined by his family and co-workers as he accepted the
Proclamation in honor of his 25 -year career with the Sheriffs Department. Sheriff
Eric Flowers along with Clerk of Circuit Court and Comptroller Jeffrey R. Smith
recognized Mr. Bourdette for his service to the Citizens of Indian River County.
Read and Presented by Commissioner Flescher
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 July 5, 2022
7.A. 22-0521 Sebastian River Improvement District's Proposed Budget for Fiscal Year 2022-2023
(October 1, 2022 - September 30, 2023) is on file for review in the Office of the
Clerk to the Board.
Recommended Action: Informational Item
No Action Taken or Required
7.B. 22-0529 Indian River County Venue Event Calendar Review
Recommended Action: Informational item only; no Board action is required
Attachments: Venue Event Calendar
In Chairman O'Bryan's absence, Vice Chairman Earman highlighted the event
calendar pointing out the upcoming 2022 State of the County Luncheon and the
Florida Half Century Softball Tournament.
Vice Chairman Earman thanked Commissioner Flescher for handling business as
he, Commissioner Moss, Commissioner Adams, and Chairman O'Bryan attended
the Florida Association of Counties (FAC) Conference in June. He acknowledged
Commissioner Adams for receiving her County Commissioner II Certification, and
for being re-elected unanimously by District 29 to serve on the FAC Board of
Directors; Commissioner Moss and Vice Chairman Earman also had received their
Advanced County Commissioner Certification.
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the Consent Agenda as presented. The motion carried by the following
vote:
Aye: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
8.A. 22-0481 Checks and Electronic Payments for May 27, 2022 to June 2, 2022
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of May 27, 2022 to June 2, 2022.
Attachments: Finance Department Staff Report
Approved
8.B. 22-0507 Checks and Electronic Payments for June 3, 2022 to June 9, 2022
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Board of County Commissioners Meeting Minutes - Final July 5, 2022
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of June 3, 2022 to June 9, 2022
Attachments: Finance Department Staff Report
Approved
8.C. 22-0522 Checks and Electronic Payments June 10, 2022 to June 16, 2022
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of June 10, 2022 to June 16, 2022
Attachments: Finance Department Staff Report
Approved
8.D. 22-0531 Checks and Electronic Payments June 17, 2022 to June 23, 2022
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of June 17, 2022 to June 23, 2022
Attachments: Finance Department Staff Report
Approved
8.E. 22-0524 First Renewal and Amendment to Award of Bid 2021047 - Annual Bid for Utility
Operations Warehouse Stock
Recommended Action: Staff recommends the Board approve the requested amendments to the bid pricing
for Core & Main, LP and Ferguson Waterworks, and approve renewal of the award
for the first of the two available 12 -month renewal terms.
Attachments: Staff Report
Approved staffs recommendation
8.F. 22-0527 Award of Bid 2022052 for Relocation of Fire Observation Tower
Recommended Action: Staff recommends the Board award Bid 2022052 to Custom Welding Diversified,
Inc., approve the sample agreement, and authorize the Chairman to execute the
agreement after approval by the County Attorney as to form and legal sufficiency,
and receipt and approval of the required insurance by the Risk Manager.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final July 5, 2022
8.G. 22-0528 Award of Bid 2022047 - Replacement of 3 Sodium Hypochlorite Storage Tanks
Recommended Action: Staff recommends the Board award bid 2022047 to Treasure Coast General
Contractors, 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, and receipt and approval of the required insurance by the Risk Manager.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
8.H. 22-0526 Change Order No. 1, Indian River County Tax Collector's Office Expansion,
IRC -2030
Recommended Action: Staff recommends approving Change Order No. 1 authorizing the $91,157.40
increase to the contract with DHC and authorizing the Public Works Director to
sign Change Order No.l on behalf of the Board. The new total contract price will
be $614,219.76.
Attachments: Staff Report
Change Order No. 1
Approved staffs recommendation
8.1. 22-0537 Amendment No. 1 to APTIM Work Order No. 2018008-03, Sebastian Inlet
Technical Advisory Committee Assistance
Recommended Action: Staff recommends the Board of County Commissioners approve Amendment No. 1
to APTIM Work Order No. 2018008-3 in the amount of $7,620.00 for expanded
technical coastal engineering services associated with the support of the County's
participation in the Sebastian Inlet Technical Advisory Committee. In addition,
staff recommends that the Board authorize the Chairman to execute Amendment
No. 1 to Work Order No. 2018008-3
Attachments: Staff Report
Amendment No. 1 to Work Order No. 2018008-3
Amendment No 1 to WO 2018008-03 Execution
Approved staff's recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
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10.A.1. 22-0495 Authorization to Submit Fiscal Year 2022 Application for Federal Transit
Administration Grants for Capital and Operating Assistance (Section 5307) and
Bus Replacement (Section 5339) [Administrative]
Recommended action: Staff recommends that the Board of County Commissioners adopt the
resolution authorizing the filing of the FY 2022 grant application for the
Section 5307 and Section 5339 programs.
Attachments: Staff Report
FTA Grant Application
Resnlutinn
Grant Budaet Form
Metropolitan Planning Organization (MPO) Director Brian Freeman, in a
PowerPoint presentation, discussed the partnership between Indian River
County (County), MPO, and the Senior Resource Association (SRA) in regard
to the County's public transportation system. He stated the Federal Transit
Administration's (FTA) Section 5307 (Urban Area Formula Grant) program
provides funding assistance for capital and operating costs associated with the
County's public transportation system. He indicated the GoLine (fixed route)
and the Community Coach (demand response) transit services were operated by
the SRA, noting GoLine was the most efficient transit system within the State.
Director Freeman mentioned the County also receives capital funding
assistance through the FTA's Section 5339 program used for the purchase of
replacement buses. He provided a breakdown of the funding for Section 5307
(Capital and Operating) and Section 5339 (Bus Replacement) Grant Application
in the amount of $3,804,712, noting no local match was needed for FTA grants.
He pointed out that together Section 5307 and 5339 programs cover most of the
capital expenses associated with GoLine and Community Coach. He added the
Section 5307 program covers approximately half of the operating costs of the
transportation system, with the remainder covered by the Florida Department of
Transportation grants and local funds.
Commissioner Flescher referred to the Operating Expense per Passenger Trip
Fixed Route and pointed out the operating cost for Martin County compared to
Indian River County. Director Freeman explained Martin County had a low
passenger ridership to the amount of money they were spending to run their
public transportation system.
Community Development Director Phil Matson indicated Martin County had
reached out to the County in regard to the GoLine system and structure.
Director Matson attributed the success of the County's transit system to the
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excellent partnership with the SRA and the County's good traffic system design.
He mentioned the County's MPO was the Community Transportation
Coordinator (CTC) Coach for Martin County for their door to door system, but
not their fixed route system.
Vice Chairman Earman opened the public hearing.
Sebastian Councilmember Fred Jones stated he had the opportunity to ride the
GoLine to get a better understanding of how the system operated, and spoke
highly of the transit system.
There being no further speakers, the Vice Chairman closed the public hearing.
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve staffs recommendation and Resolution 2022-039,
authorizing the filing of applications for grant funding assistance from the
Federal Transit Administration. The motion carried by the following vote:
Aye: 4 - Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
10.A.2. 22-0520 Consideration of Land Development Regulation (LDR) Amendments to Section
971.41 Modifying the Criteria for Accessory Dwelling Units (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners adopt the proposed
accessory dwelling unit amendment ordinance.
Attachments: Staff Report
Draft PZC Minutes
Ordinance
Metropolitan Planning Organization (MPO) Director Brian Freeman referred to
the Land Use Visioning Study which took place last year, and he indicated one
of the issues raised through the visioning process was the need for affordable
housing in the community.
Director Freeman stated addressing the need for affordable housing entailed
multiple strategies, and he explained one strategy would be to modify the
County's regulations for Accessory Dwelling Units (ADUs). In his PowerPoint
presentation, he reviewed the key components and the definition of an
accessory single-family dwelling unit. He summarized the proposed
amendments to Section 971.41 (10) of the Land Development Regulations
(LDRs) and explained the proposed code change increased the maximum size
for ADUs to 50% of the heated/cooled area of the primary residence or 1,000
square feet max and 1,200 square feet max for lots exceeding one acre in size.
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Board of County Commissioners Meeting Minutes - Final July 5, 2022
The LDR amendment allowed for a second accessory dwelling unit, not to
exceed 600 square feet in size for parcels 200,000 square feet or larger. He
reviewed the prohibitions being added for ADUs which included no operation
as a vacation rental; no commercial use/home occupation; and no mobile homes
or RV's.
Commissioner Moss received confirmation from Director Freeman that no
businesses could operate from ADUs.
Commissioner Adams sought and received information from Director Matson
on how the County would monitor ADUs from being used as short-term
vacation rentals. He indicated the County subscribed to a number of services
used to monitor short-term vacation rentals. He further explained the services
reconciled advertised listings for vacation rentals with the County's approved
short-term rental addresses, and any discrepancies were reported to code
enforcement; however, an ADU could be rented out long-term.
Vice Chairman Earman sought and received clarification from Director Matson
in regard to the two types of housing that could be put on a property, one being
an ADU for permanent occupancy or long-term rental, and the other type was a
guest cottage. He explained a person must sign a legal affidavit that the guest
cottage would be for intermittent use only. A discussion followed on the 600
square foot sized second dwelling for lots 200,000 square feet in size or greater.
Vice Chairman Earman opened the public hearing.
Mr. Kevin Beverly came before the Board to request a change in the LDR's that
would allow him to convert the mother-in-law suite/guest cottage located on his
property to an Airbnb or Vrbo. He verbalized his intent for the short-term
rental was for additional income to help him with medical expenses, as well as
revenue to the County, the restaurants, and the mom-and-pop businesses.
Community Development Assistant Director Andrew Sobczak confirmed Mr.
Beverly's unit was approved as a guest cottage and a document was filed in
public records signed by Mr. Beverly stating the unit could not be rented out for
commercial purposes.
Vice Chairman Earman relayed to Mr. Beverly, the issue did not pertain to the
public hearing and would need to be addressed under another matter or venue.
He suggested Mr. Beverly contact staff after the hearing to discuss the issue
further. Commissioner Adams sought and received confirmation from staff the
guest cottage could not be rented out; however, with the proposed amendments
to the LDRs, there would be an opportunity for Mr. Beverly to change his guest
cottage to an ADU, so it could be rented long-term.
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There being no further speakers, the Vice Chairman closed the public hearing.
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve staffs recommendation and adopt Ordinance 2022-010,
providing for an amendment to Chapter 971, Regulations for Specific Land Uses;
by amending Section 971.41(10), Accessory single-family dwelling unit; and by
providing for repeal of conflicting provisions; codification; severability, and
effective date. The motion carried by the following vote:
Aye: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
10.C.1. 22-0534 Public Notice of Public Hearing for July 12, 2022, for Ordinance Amending
Section 204.06 (Definitions) and Section 204.13 (Terms of Conditions of
Franchises) of Part 1 (In General) of Chapter 204 (Solid Waste Disposal) of
Indian River County Code
Recommended Action: For information only - no action required
Attachments: Staff Report
County Attorney Reingold read the notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
11.A. 22-0523 Local Support Grants Program - Medical Examiner's Facility
Recommended Action: Staff recommends that the Board of County Commissioners authorize the Chairman
submit a letter of support for submission of this grant to St. Lucie County, and also
authorize staff to submit the Local Support Grant Attestation Form signed by the
County Administrator.
Attachments: Staff Report Local Support Grant
Draft Support Letter
Local Support Grant Attestation Form
County Administrator Jason Brown pointed out the District 19 Medical Examiner
serves a four -county region encompassing Indian River, Martin, Okeechobee, and
St. Lucie County. He indicated the Medical Examiner had identified deficiencies
in the current facility due to the growing needs of the four counties. He recalled
that on May 3, 2022, the Board directed the County Administrator to enter into
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discussions with the other counties to design and construct a new facility and
submit requests for state and federal funding. He indicated St. Lucie County
would be leading the process to submit a request for $1 million in grant funding
from the Fiscal Year 2022-2023 General Appropriations Act for a Local Support
Grants Program to cover 50% of the $2 million cost for the Preliminary Design and
Engineering (PD&E) Study for the Medical Examiner's facility. He indicated the
County planned to allocate $500,000 to be funded from Optional Sales Tax, which
would cover the County's portion of the PD&E study even if the grant was not
secured.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
12.D.1. 22-0532 First Amendment to SurgeryPlus Services Agreement Extending One Year
Introductory Rate of $3.00 Per Employee Per Month (PEPM) for the Upcoming
Plan Year
Recommended Action: Staff respectfully requests the Board of County Commissioners approve the
First Amendment to the SurgeryPlus Service Agreement providing for an
extension of the Network Use Fee discount through September 30, 2023, and
authorize the Chairman of the Board to execute the Amendment.
Attachments: Staff Report
First Amendment to SurgeryPlus Agreement
SurgeryPlus Final Signed Agreement Effective July 1, 2021
Human Resources Director Susan Boyll came before the Board with an
amendment to the SurgeryPlus Services Agreement to extend the one year
introductory rate of $3.00 per employee, per month for the upcoming plan year.
She gave an overview of the supplemental benefit for non -emergent surgeries
by a national network of Surgeons of Excellence that have been credentialed by
SurgeryPlus. She indicated the network use fee would be increasing to $4.00
per employee, per month after September 30, 2023.
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A motion was made by Commissioner Adams, seconded by Commissioner Moss,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
E. Information Technology
12.E.1. 22-0525 Work Order No. 50 - Kimley-Horn and Associates, Inc. Engineering Design
Services - Administration Complex to EOC
Recommended Action: Staff recommends approval of Work Order No. 50 to Kimley-Horn and
Associates, Inc., authorizing the professional services as outlined in the Scope
of Services and requests the Board authorize the Chairman to execute Work
Order No. 50 on their behalf for a lump sum amount of $210,050.00.
Attachments: Staff Report
Work Order 50 - Kimley Horn
Information Technology Director Dan Russell reviewed the information
contained in his memorandum dated June 1, 2022, regarding a work order for
engineering design services with Kimley-Horn to expand the County's fiber
network facilities between the Administration Complex and the Emergency
Operations Center.
Commissioner Adams sought and received confirmation from Director Russell
that the work order was part of the broadband expansion discussed at the May
3, 2022 meeting. He also indicated it was for the request made by the Sheriff
and approved by the Board for access to the traffic cameras.
County Administrator Jason Brown stated the County was advancing the
expansion to complete the connection to provide access to the Sheriffs Office
to connect to the traffic cameras.
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 4 - Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
F. Office of Management and Budget
G Public Works
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H. Utilities Services
13. COUNTY ATTORNEY MATTERS
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
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.
15.13.1. 22-0533 Final Pay to Geosyntec for Work Order No. 15 - Indian River County
Construction and Demolition Debris Disposal Facility Permit Renewal
Recommended Action: Solid Waste Disposal District staff recommends that its Board approve
Geosyntec Consultants, Inc.'s final invoice in the amount of $24,341.50
Attachments: Staff Report
Project Completion Report and Final Invoice
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: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
15.13.2. 22-0535 Approval of Fiscal Year 2023 Consumer Price Index Adjustment Request by
Atlas Organics
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Board of County Commissioners Meeting Minutes - Final July 5, 2022
Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the
request for a 3.00% rate adjustment by Atlas Organics Indian River, LLC, and
authorize the County Administrator to take any necessary actions to effectuate
the change
Attachments: Staff Report
Rate Adjustment Letter Atlas Organics
In response to Commissioner Adams' inquiry on the recent Consumer Price
Index (CPI) Adjustment for WM Waste Management, County Administrator
Jason Brown confirmed WM Waste Management, Atlas Organics, and Republic
Services were entitled to the CPI adjustment which was part of their contracts.
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 4 - Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
15.6.3. 22-0536 Approval of 2023 CPI Adjustment Request by Republic Services
Recommended action: Solid Waste Disposal District staff recommends the following for Board review
and approval: 1. Approve the Calendar Year 2023 request for a 3.00%
Consumer Price Index rate adjustment by Republic Services of Florida, LP, to
be effective January 1, 2023, and authorize the County Administrator to take
any necessary actions to effectuate the change
Attachments: Staff Report
Rate Adjustment Letter Republic Services
There was no discussion regarding this item.
A motion was made by Commissioner Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 4- Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and
Commissioner Moss
Absent: 1 - Chairman O'Bryan
C. Environmental Control Board
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16. ADJOURNMENT
There being no further business, the Vice -Chairman adjourned the meeting at 10:06
a.m.
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Board of County Commissioners Meeting Minutes — Final
ATTEST:
4 )
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
BCC/TCL/2022 Minutes
July 5, 2022
Peter D. O'Bryan, Chaiqllan
Approved: August 16, 2022
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