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HomeMy WebLinkAbout08/16/2022 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com -dA1 Q Meeting Minutes - Final Tuesday, August 16, 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, Clerk to the Board Board of County Commissioners Meeting Minutes - Final August 16, 2022 1. CALL TO ORDER ROLL CALL Present: 4 - Chairman Peter O'Bryan Vice Chairman Joe Earman Commissioner Susan Adams Commissioner Joseph Flescher Absent: 1 - Commissioner Laura Moss 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Additional Item 5.A. Presentation by Commissioner Joe Flescher Additional Item 9.A. Indian River County Sheriff Eric Flowers re: Forfeiture Trust Fund Deleted Item 8.A.J Children's Services Advisory 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: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation by Joseph E. Flescher Ms. Maya Miller of the Indian River County Traffic Engineering Department sang Happy Birthday to County Administrator Jason Brown. Presented 6. APPROVAL OF MINUTES A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Regular Meeting Minutes of June 7, 2022, June 14, 2022, June 21, 2022, July 5, 2022, and July 12, 2022 as written. The motion carried by the following vote: Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 6.A. 22-0627 Regular Meeting of June 7, 2022 Recommended Action: Approve Attachments: 06072022 BCC Draft Approved 6.B. 22-0640 Regular Meeting of June 14, 2022 Recommended Action: Approve Attachments: 06142022 BCC Approved 6.C. 22-0642 Regular meeting of June 21, 2022 Recommended Action: Approve Attachments: 06212022 BCC Approved 6.D. 22-0674 Regular Meeting of July 5, 2022 Recommended Action: Approve Attachments: 07052022 BCC Approved 6.E. 22-0682 Regular Meeting of July 12, 2022 Recommended Action: Approve Attachments: 07122022 BCC Approved 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 22-0616 Proclamation Honoring Daniel Wittenberg on His Retirement From the Indian River County Board of County Commissioners Department of Public Works/Engineering Recommended action: Informational Purposes Only Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final M= Attachments: Proclamation August 16, 2022 Chairman Peter O'Bryan acknowledged Mr. Daniel Wittenberg on his retirement from the Indian River County Department of Public Works/Engineering. No Action Taken or Required 22-0603 Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2021 is on file in the Office of the Clerk to the Board. Recommended Action: Informational Only No Action Taken or Required 7.C. 22-0607 3rd Quarter FY 2021/2022 Budget Report Recommended Action: Informational Only -No Action Required Attachments: Staff Report 3rd Quarter Budget Report No Action Taken or Required 7.D. 22-0614 Indian River County Venue Event Calendar Review 7.E. 7.F. Recommended action: Informational item only; no Board action required Attachments: Staff Report Chairman Peter O'Bryan highlighted information on the Event Calendar including the State of Florida Swimming Special Olympics, hosted by the North County Aquatic Center and the Youth Flag Football Season. He also made a special announcement for Tuesday, September 20, 2022, at the Board of County Commissioners meeting there would be a celebration for College Game Day in Indian River County. All Commissioners and all staff were encouraged to wear jerseys, hats, and/or other memorabilia of their favorite college team. No Action Taken or Required 22-0664 Construction Board of Adjustment and Appeals Committee Vacancy Attachments: Staff Report No Action Taken or Required 22-0669 Landfill Closure and Collection Service Changes for the Labor Day Holiday Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Recommended action: For informational purposes only - no action required Attachments: Staff Report Chairman Peter O'Bryan stated the Waste Management (WM) collection schedule would be pushed back one day for the Labor Day Holiday. 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 amended, pulling Items 8.J., 8.X., and 8.A.G. for discussion. The motion carried by the following vote: Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 8.A. 22-0588 Checks and Electronic Payments June 24, 2022 to June 30, 2022 Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of June 24, 2022 to June 30, 2022 Attachments: Finance Department Staff Report Approved 8.13. 22-0589 Checks and Electronic Payments July 1, 2022 to July 7, 2022 Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 1, 2022 to July 7, 2022 Attachments: Finance Department Staff Report Approved 8.C. 22-0608 Checks and Electronic Payments July 8, 2022 to July 14, 2022 Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 8, 2022 to July 14, 2022 Attachments: Finance Department Staff Report Approved 8.D. 22-0609 Checks and Electronic Payments July 15, 2022 to July 21, 2022 Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 15, 2022 to July 21, 2022 Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: Finance Department Staff Report Approved 8.E. 22-0620 Checks and Electronic Payments July 22, 2022 to July 28, 2022 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 22, 2022 to July 28, 2022 Attachments: Finance Department Staff Report Approved 8.F. 22-0591 Adoption of Modifications to the Purchasing Manual Recommended Action: Staff recommends the Board note its concurrence with the changes approved by the County Administrator. Attachments: Staff Report Proposed Changes to Section 9 of the Purchasing Manual Approved staffs recommendation 8.G. 22-0592 Authorization for Change Order to PO 93191 to ServiceMaster by Glenn's Recommended Action: Staff recommends the Board of County Commissioners waive the requirement for bids, approve the increase of PO 93191 to $112,145.51, and authorize the County Administrator to approve up to $10,000 more, if determined necessary to complete the work. Attachments: Staff Report Approved staffs recommendation 8.H. 22-0619 Miscellaneous Budget Amendment 007 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2021-22 budget. Attachments: Staff Report 2021 2022 Resolution Exhibit "A" Approved Resolution 2022-046, amending the fiscal year 2021-2022 budget. 8.1. 22-0634 Award of RFP 2022060 - Mental Health Coordinator Services Recommended action: Staff recommends the Board award the mental health coordinator services to Kate Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final 8.J August 16, 2022 Priest, LCSW LLC dba Heartspace Counseling, approve the sample agreement, and authorize the Chairman to execute the agreement after the County Attorney has approved it as to form and legal sufficiency. Attachments: Staff Report Sample Agreement Approved staffs recommendation 22-0645 Final Ranking of Firms and Award of RFP 2022070 for Website Redesign and Content Management System Recommended Action: Staff recommends the Board approve the committee's final rankings of firms and award RFP 2022070 to Revize LLC. Staff also recommends the Board approve the agreement and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency, and after review and approval of the required insurance by the Risk Manager. Attachments: Staff Report Agreement Vice Chairman Earman stated the County's new website and content management redesign was expected to be complete within the next 6 months. He thanked Director of Information Technology Dan Russell and staff for the work done to complete the project. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 8.K. 22-0649 Outside Agency Funding Policy Revisions - Children's Services Agencies Recommended action: Staff recommends that the Board of County Commissioners approve the revisions to the Outside Agency Funding Policy Attachments: Staff Report Agenda Item from May 17, 2022 Ordinance 2022-007 Proposed Outside Agency Funding Policy Outside Agency Funding Policy Strikethrough Version Approved staffs recommendation 81. 22-0650 Approval of Final Ranking of Firms and Award of RFP 2022069 for Jones' Pier Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final Conservation Area Entry Fencing August 16, 2022 Recommended Action: Staff recommends the Board award RFP 2022069 to A&B Fence Co LLC and authorize the Purchasing Division to issue a purchase order for the project. Attachments: Staff Report Approved staff's recommendation 8.M. 22-0665 Resolutions Cancelling Taxes 8.N. 8.0. Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments: Staff Report Resolution Cancelling Taxes - CGV INvestments, LLC Resolution Cancelling Taxes V. Burgess - V2 Approved staffs recommendation and Resolutions 2022-045 (CGV Investments, LLC) and 2022-046 (V. Burgess -V2), cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida statutes. 22-0594 Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2023 Recommended Action: Staff recommends the Board approve the utility rate resolution for Fiscal Year 2023 and authorize the Chairman to execute the resolution on behalf of the Board. Attachments: Staff Report R ... h + ten Exhibit A to Resolution Approved staffs recommendation and Resolution 2022-047, approving revisions to the Housing Choice Voucher Program Utility Allowance Schedule. 22-0659 Resolutions Cancelling Taxes on Properties Purchased by the City of Fellsmere for Public Purpose Recommended action: Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties purchased by the City of Fellsmere for a public purpose, and the Clerk to send a certified copy of the Resolutions to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Resolution Cancelling Taxes Fellsmere August 2022 (1) Resolution Cancelling Taxes Fellsmere August 2022 (2) Ltr to Dylan cancelling taxes - Marrero Ltr to Dylan cancelling taxes - Giuseppes Approved staffs recommendation and Resolutions 2022-048 (Marrero), and 2022-049 (Giuseppes), cancelling certain taxes upon publicly owned lands, pursuant to section 196.28, Florida statutes. August 16, 2022 8.P. 22-0596 Amendment No. 2 to Work Order No. 10, MBV Engineering, Inc. Jackie Robinson Training Complex (FKA Historic Dodgertown) Walking Trail, IRC -1908 Recommended Action: Staff recommends approval of Amendment No. 2 to Work Order No. 10 with MBV Engineering, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Amendment No. 2 to Work Order No. 10 on their behalf for a lump sum amount of $4,000.00. Attachments: Staff Report MBV Engineering, Inc. Amendment No. 2 to Work Order No. 10 Approved staffs recommendation 8.Q. 22-0598 Sally Beauty Supply LLC - Third Amendment to Lease Recommended Action: Staff recommends the Board approve the Third Amendment to the Lease as proposed for Sally Beauty LLC and authorize the Chairman to execute the Third Amendment to the Lease on behalf of the Board. Attachments: Staff Report Third Amendment to Lease Exhibit A - Insurance Approved staffs recommendation 8.R. 22-0599 Jackie Robinson Training Complex Villas Remodel (IRC -1914A) Release of Retainage and Change Order No. 1 Recommended action: Staff recommends approval of Change Order No. l and payment of Contractor's Application for Payment No. 7F in the amount of $93,501.65 for release of retainage. Attachments: Staff Report Change Order No 1 Approved staffs recommendation 8.S. 22-0611 Amendment No. 1 to St. Johns River Water Management District Grant Agreement 36528 for the Moorhen Marsh Low Energy Aquatic Plants System (LEAPSTM) Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Stormwater Treatment Facility Recommended Action: Staff recommends that the Board of County Commissioners approve Amendment No. 1 to Grant Agreement 36528 extending the terms of the grant from September 30, 2022 to January 31, 2023 in order to allow for completion of construction for the Moorhen Marsh LEAPSTM, and authorize the Chairman to execute Amendment No. 1 Attachments: Staff Report SJRWMD Grant 36528 Amendment No. 1 Approved staffs recommendation 8.T. 22-0630 Amendment No. 1 to Work Order No. 7 Ecological Associates, Inc. Habitat Conservation Plan (HCP) Sea Turtle Monitoring North and South County Recommended action: The recommendation of staff is for the Board to approve Amendment No. 1 to Work Order No. 7 of the contract with Ecological Associates, Inc. in the amount of $6,215.00, and authorize the Chairman to sign on behalf of the County Attachments: Staff Report EAI WO No. 7 Amended Scope EAI WO No. 7 Amendment No. 1 Execution Approved staffs recommendation 8.U. 22-0632 Amendment No. 1 to APTIM Work Order No. 2018006-13, Sector 3 Beach and Dune Restoration Project (IRC 1925) Post Construction Environmental Monitoring (Phase 1 Year 1 Monitoring and Phase 2 Immediate Post Construction Monitoring) Recommended Action: Staff recommends the BCC authorize Amendment No. 1 to Work Order No. 2018006-13 in the total lump sum amount of $19,117.50. Additionally, staff recommends the BCC authorize the Chairman to execute Amendment No. 1 to Work Order No. 2018006-13. Attachments: Staff Report 2018006-13 Amendment No 1 2018006-13 Amendment No 1 Execution Approved staffs recommendation 8.V. 22-0661 Release of Retainage for Sector 5 Additional Dune Planting Project (IRC -2112) Recommended action: Staff recommends payment of final invoice number 4 in the amount of $14,083.75, and the release and payment of Contractor's retainage in the amount of $7,412.50 Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final 8.W 8.X. 8.Y Attachments: Staff Report APTIM Recommendation of Payment Sector 5 Additional Dune Plants Pay App No 4 APTIM Retainage Payment Recommendation Cardno Inc. Sector 5 Release of Retainage Approved staffs recommendation August 16, 2022 22-0666 Work Order No. 52 - Kimley-Horn and Associates, Inc., 43rd Avenue Pedestrian and Bicycle Access Improvements from 12th Street to 18th Street (IRC -1818) Recommended action: Staff recommends approval of Work Order No. 52 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. 52 on their behalf for a lump sum amount of $213,828. Attachments: Staff Report Kimley-Horn Work Order 52 Approved staffs recommendation 22-0684 Renewal of Lease Agreement, 2601 51 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 51 st 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 Chairman Peter O'Bryan stated staff had requested an increase from $600 to $900 in rent for the County -owned property at 2601 51 st Ave. He commented due to the current economic situation, his recommendation would be to keep the rent at $600 per month and to not impose the increase to $900. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the Renewal of Lease Agreement with tenant Ember Pappas and for the rent to remain at $600 per month for the property located at 2601 51st Avenue. The motion carried by the following vote: Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 22-0671 ATKINS Workorder 7 for conceptual design of a Stormwater Storage/ Treatment facility Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Recommended action: Staff recommends that the Board of County Commissioners approve Workorder No. 7 with ATKINS in the amount of $65,760 for the conceptual design of a stormwater treatment/storage facility on the 8th Street parcel Attachments: Staff Report ATKINS 8th Street Parcel Workorder No. 7 ATKINS Pond Exhibit Workorder No. 7 Execution Agreement Approved staffs recommendation 82. 22-0604 Approval of Blue Medicare Advantage Renewal Recommended action: Staff recommends and respectfully requests that the Board approve the renewal of the Blue Medicare Advanced Platinum PPO plan effective October 1, 2022 through September 30, 2023 and authorize the Chairman to execute the renewal agreement Attachments: Staff Report BlueMedicare Advanced Platinum PPO eff. October 1. 2022 BlueMedicare Master Agreement Approved staffs recommendation 8.AA. 22-0621 GRBK GHO High Pointe, LLC's Request for Final Plat Approval for a Subdivision to be known as High Pointe West [SD -18-11-10 / 2004080145-88665] Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval for High Pointe West. Attachments: Staff Report Location Map Final Plat Layout Approved staffs recommendation 8.AB. 22-0633 Waiver to Cut and Fill Balance Requirements for Commercial/Industrial Development in Flood Hazard Areas Recommended action: Staff recommends that the Board of County Commissioners review the proposed draft changes to Land Development Regulation Subsection 930.07(2)(i), and direct Staff to proceed with the formal adoption process. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: Staff Report Proposed Land Development Regulation Minutes from the 8/15/2017 BCC meeting Approved staffs recommendation 8.AC. 22-0637 Consideration of the Indian River County SHIP Program 2022 Annual Report Recommended Action: Staff recommends that the Board of County Commissioners: 1.) Approve the attached SHIP 2022 annual report and authorize its formal submission to the Florida Housing Finance Corporation; and 2.) Authorize the Chairman to sign the attached Certification form; and 3.) Authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments: Staff Report SHIP Funds and Applicant Information Summary SHIP Annual Closeout Report for FY 2019-2020 SHIP Annual Report Certification Form Approved staffs recommendation 8.AD. 22-0612 Modification 41 to Emergency Management Federally -Funded Subgrant Agreement (EMPG) Agreement Number G0301 Recommended action: Staff recommends approval of Modification #1 of Federally -Funded Subgrant Agreement G0301 between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Attachments: Staff Report EMPG Agreement Mod #1 Approved staffs recommendation 8.AE. 22-0615 Modification #1 to Emergency Management Performance Grant -American Rescue Plan Act Agreement (EMPG-ABPA) Agreement Number G0310 Recommended Action: Staff recommends approval of Modification #1 of Federally -Funded Subgrant Agreement 60310 between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Attachments: Staff Report EMPG-ARPA Agreement Mod #1 Approved staffs recommendation Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final August 16, 2022 8.AF. 22-0680 Amendment 2 Work Order No. 10 for Masteller & Moler, Inc., North County Water and Septic to Sewer Phase 11 Project - Private Side Connections Recommended Action: Staff recommends the Board of County Commissioners approve Amendment 2 Work Order No. 10 for Masteller and Moler, Inc., in the amount of $5,180.00, and authorize the Chairman to sign Attachments: Staff Report Amendment 2 WO No 10 Approved staffs recommendation 8.AG. 22-0667 Floravon Shores Septic to Sewer Approval of FDEP Cost -Share Funding Agreement Recommended Action: Staff recommends the Board of County Commissioners authorize the Director of Utility Services to sign the Florida Department of Environmental Protection Grant Agreement WG023 and all necessary documents in order to effectuate the grant agreement Attachments: Staff Report FDEP Grant Agreement IRC Grant Form Chairman Peter O'Bryan commented this item was for approval of Florida Department of Environment Protection (FDEP) cost -share funding to be used for septic to sewer approval. He stated he had met with Sean Lieske, Director of Utility Services, who was in favor of the septic -to -sewer conversions, but had concerns regarding the lack of a clear policy on the mandatory hookup. Chairman O'Bryan asked if the Board was agreeable to giving staff direction to look into options available and bring the item back on an October agenda. A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to direct staff to look into options available and bring back on a October Agenda. The motion carried by the following vote: Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 8.AH. 22-0668 Final Pay to Masteller & Moler, Inc. for CCNA2018 Work Order No. 7 Amendment No. 2, 8th Street 24" Force Main Relocation Recommended Action: Staff recommends that the Board of County Commissioners approve the payment in the amount of $1,974.00, which represents final payment of Work Order No. 7 Amendment No. 2 to Masteller & Moler, Inc Attachments: Staff Report Invoice No 1943LHJ-4 Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Approved staffs recommendation 8.Al. 22-0676 Change Order to TLC Diversified, Inc., for the South County Reverse Osmosis Water Treatment Plant Membrane and Retrofit Project Recommended Action: Staff recommends that the Board of County Commissioners approve the change order in the amount of $483,563.83, leaving a revised total agreement with TLC Diversified, Inc., in the amount of $11,149,079.48, and authorize the Chairman to execute the change order on their behalf Attachments: Staff Report Change Order 1 Approved staffs recommendation 8.A.J. 22-0622 Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 2022/23 Recommended Action: Staff respectfully requests that the Board of County Commissioners approve the CSAC's funding recommendations for children's programs for FY 2022/23 Attachments: Staff Report Recommended CSAC Funding FY23 Funding Allocation FY23 Deleted 8.AK. 22-0606 First Amendment for Sandridge Golf Club Maintenance Recommended action: Staff respectfully requests that the Board of County Commissioners approve the First Amendment to International Golf Maintenance (IGM) Agreement and authorize Chairman to sign. Attachments: Staff Report IGM Executed Agreement (July 7 2020) IGM Request Letter Amendment 1 for Golf Course Maintenance Approved staffs recommendation 8.AL. 22-0600 Indian River County Library System Long Range Plan 2023-2027 Recommended action: Staff respectfully requests the Board of County Commissioners approve Indian River County Library System Long Range Plan of Service 2023-2027. Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Long Range Plan 23-27 Approved staffs recommendation 8.AM. 22-0601 Indian River County Library State Aid to Libraries Grant August 16, 2022 Recommended action: Staff respectfully recommends that the Board of County Commissioners approve the Indian River County Library System State Aid Grant Agreement, Certification of Hours, and Annual Plan and authorize the Chairman to sign and return the State Aid Grant Agreement and Certification of Hours for FY 2022-23 to the Library Services Director to be forwarded to the appropriate State Library staff. Attachments: Staff Report Grant Agreement Certification of Hours IRC Library System Annual Plan of Service Approved staffs recommendation 8.AN. 22-0602 Request for Approval of the First Extension to Agreement with J -Mac Cleaning Services, Inc. for Annual Beach Parks Mowing and Grounds Maintenance Recommended action: Staff respectfully requests that the Board of County Commissioners approve the first Extension to the Agreement and authorize its Chairman to sign. Attachments: Staff Report First Extension Approved staffs recommendation 8.AO. 22-0605 Work Order Number 25, Amendment No. 1 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and Utility Service Plans Revisions Recommended Action: Staff respectfully recommends approval of Work Order Number 25, Amendment No. 1 for revisions to the Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Hom and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 25. Attachments: Staff Report Amendment 1 Approved staffs recommendation Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final August 16, 2022 8.AP. 22-0625 Amendment No. I to Work Order No. 3 (Jones' Pier Bungalow Stabilization & Museum Planning) - Donadio & Associates, P.A. Recommended Action: Staff respectfully recommends the Board accept Work Order Number 3, Amendment No. 1 - Donadio & Associates, Continuing Architectural Services RFQ 2018063, renewed November 2, 2021, for design services associated with the Jones' Pier Bungalow House Exterior Renovations, authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 3. Attachments: Staff Report Amendment 1 Addendum Approved staff's recommendation 8.AQ. 22-0678 Authorization to Piggyback Clay County Contract for Various Equipment and Amenities for Parks and Playgrounds for Lighting of the Pickleball Courts at Dick Bird (South County) Park and Approval of Quote Ref 219410 Recommended action: Staff respectfully recommends the Board approve the piggyback of the Clay County contract RFP 18/19-2 (renewed May 24, 2022) Contract for Equipment and Amenities for Parks and Playgrounds and approve the Musco Sports Lighting, LLC quote dated July 11, 2022, Project: Dick Bird Pickleball, Vero Beach, FL, Ref - 2194 10 ef:219410 and enter into an agreement with Musco Sports Lighting, LLC in the amount of $195,000; and authorize the Chairman to execute such agreement after review and approval by the County Attorney Attachments: Staff Report - Lighting Quote 219410 Approved staffs recommendation 8.A R. 22-0660 Notice of Grant Award from the Florida Division of Historical Resources for Kroegel Homestead Historic Structures, Condition Assessment - 23.h.sm.100.125 Recommended Action: Staff respectfully recommends that the Board accept the Division of Historical Resources Small Matching Grant for 2022-2023 and authorize the Chairman to execute the Agreement between the State of Florida, Department of State and Indian River County Parks Division, grant number 23.h.sm.100.125. Attachments: Staff Report Attachment A - Agreement Grant Form - Kroegel Approved staffs recommendation Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final August 16, 2022 8.AS. 22-0624 Work Order Number 26, Amendment No. 1 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans Recommended action: Staff respectfully recommends approval of Work Order Number 26, Amendment No. 1 for permitting services associated with the Hosie Schumann Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 1, Work Order Number 26. Attachments: Staff Report Amendment 1 to Work Order Approved staffs recommendation 8.AT. 22-0636 Award of RFP 2022059 for Concession Services Recommended action: Staff recommends the Board award RFP 2022059 to Treasure Coast Concessions, approve the sample agreement, and authorize the Chairman to sign after the County Attorney has approved it as to form and legal sufficiency, after receipt and approval of the required insurance by the Risk Manager, and after the Concessionaire has provided evidence of enrollment in E -verify. Attachments: Staff Report Sample Agreement Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 22-0691 Indian River County Sheriff Eric Flowers re: Forfeiture Trust Fund Attachments: Memorandum from Sheriff Flowers Indian River County Sheriff Eric Flowers, at the request of Vice Chairman Earman, spoke of a situation where the License Plate Reading (LPR) technology was successful in identifying a stolen vehicle from Brevard County. The driver and passengers of the vehicle were apprehended and had numerous warrants for violent felonies. He stated this was just one success story of many. Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Sheriff Flowers stated he was here to request funds from the Law Enforcement Trust Fund (LETF) which is funded by forfeitures, seizures, and drug contraband. He added the statute had a requirement that no less than 25 percent of forfeiture funds be expended or donated to certain drug treatment abuse education, drug prevention, crime prevention, safe neighborhoods, and school resource programs. Sheriff Flowers asked the Board to approve the authorization for $9,500 from the LETF to spend on the aforementioned operations. He also requested an additional $152,400, about 31 percent of the LETF, to be spent on necessary equipment. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve the requested funds from the Law Enforcement Trust Fund (LETF). The motion carried by the following vote: Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 10. PUBLIC ITEMS Following Item 15.A.3, the Chairman called for a recess at 10:21 a.m., and reconvened the meeting at 10:34 a.m. continuing with Item 10.A.1, with all members present except, Commissioner Laura Moss who was absent. A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 22-0647 Jan Jelmby's Request for Abandonment of a 30' Wide Unimproved, Unnamed Right -of -Way, West of Lots 40-43 in the Espy's Subdivision [ROWA-21-12-02 / 2016030081 - 90928] (LEGISLATIVE) Recommended action: Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the proposed abandonment resolution. Attachments: Staff Report Location Map Resolution Resolution Exhibit A Notice of Public Hearing Chief of Current Development Ryan Sweeney introduced Brandon Creagan, Senior Planner of Current Development. Mr. Creagan, utilizing a PowerPoint presentation, outlined Jan Jelmby's request for abandonment of a 30' wide right-of-way, west of lots 40-43 in the Espy's subdivision. No access was Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes - Final August 16, 2022 needed to the surrounding properties, and no easements were required. He also noted the applicant had coordinated the purchase of the County -owned parcel that directly abutted the western portion of the requested abandonment. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to approve Resolution 2022-050, providing for the closing, abandonment, vacation and discontinuance of a portion of a 30' wide unimproved, unnamed right-of-way, west of Lots 40 through 43 in the Espy's Subdivision located in Indian River County, Florida. The motion carried by the following vote: Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 10.A.2. 22-0648 Coalition for Attainable Homes, Inc.'s Request for Abandonment of the West 30' of the 130' wide, 100' Long Segment of 32nd Avenue Right -of -Way, East of Lot 21 in the Reedwood Subdivision [ROWA-22-08-01 / 2022040010 - 92475] (Legislative) Recommended Action: Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the subject right-of-way, and authorize the chairman to execute the proposed abandonment resolution. Attachments: Staff Report Location Map Resolution Resolution Exhibit A Notice of Public Hearing Brandon Creagan, Senior Planner of Current Development, utilized a PowerPoint presentation, to outline the Coalition for Attainable Homes (CFAH) request for right-of-way abandonment for the property located south of 43rd Street and west of 32nd Avenue. The area to be abandoned was approximately 30' of the 130' wide, 100' long segment of 32nd Avenue right-of-way. All reviewing departments have reviewed and recommended approval of the abandonment. He stated the property was not needed for any county roadway or access to any surrounding properties and no easements were required. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Commissioner Flesher, seconded by Commissioner Adams, to approve Resolution 2022-051, providing for the closing, abandonment, vacation and discontinuance of the west 30' of the 130' wide, Indian River County Florida Page 19 Board of County Commissioners Meeting Minutes - Final August 16, 2022 100' long segment of 32nd Avenue right-of-way, east of Lot 21 in the Reedwood Subdivision located in Indian River County, Florida. The motion carried by the following vote: Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss B. PUBLIC DISCUSSION ITEMS 10.B.1. 22-0613 Request to Speak from Erin Deady re: Commercial Property Assessed Clean Energy Recommended Action: No action required Attachments: Public Discussion Request Erin Deady Using a PowerPoint presentation, Ms. Erin L. Deady, P.A., outlined the Commercial Property Assessed Clean Energy (C -PACE) program. Florida State Statute, Section 163.08, F.S. (2010), authorizes local governments to levy non -ad valorem assessments to fund certain improvements for energy efficiency, renewable energy, and wind mitigation. The presentation outlined the benefits to commercial property owners and the process to obtain funding through the C -PACE program. Ms. Deady outlined two options for C -PACE in Indian River County: 1. Launch C -PACE with all four C -PACE providers in Florida; and 2. Launch C -PACE with the Florida Green Finance Authority to fund C -PACE improvements on the CERTUS property. She requested the Board pass a Resolution allowing the launch of either option, and direct staff to prepare the documents to bring back for a subsequent Commission agenda item. Commentary was also presented by the following individuals in favor of the C -PACE program: Mr. Troy M. Cox, Chief Investment Officer/Managing Director of CERTUS Senior Living Mr. Eddie Metzger, Director of Government Relations for Ygrene Energy Fund Mr. Frank Lardino, President/Director with The Investors Alliance, Inc. A comprehensive discussion ensued between the Board and the speakers regarding the various aspects of bringing the C -PACE program to the County. [Clerks note: Discussion continued under Commissioners Matters 14.C.1] No Action Taken or Required 10.6.2. 22-0658 Request to Speak from Jennifer and Mark Trodglen re: requesting variance for their shed Indian River County Florida Page 20 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Recommended Action: No action required Attachments: Public Discussion Reouest Trodglen Jennifer and Mark Trodglen sought help from the Board regarding a shed they had built in their backyard without the proper permit. Ms. Trodglen stated the shed was located in the only spot available in the backyard due to the two septic and drain field systems. She informed the Board that neighbors on both the south and the east sides had written letters affirming they had no problem with the shed. The shed was not a prefab shed, but rather a permanent structure, and it was not movable and would have to be demolished. After receiving the violation, Mr. Trodglen met with a Planner who told him he had limited options and should meet with the Community Development Director Phil Matson. Director Matson relayed that due to the unique circumstances, the Trodglens had a good shot at a variance. The Trodglens filled out the application and obtained the necessary documents, paid the $1,000 fee, and met with Assistant Community Development Director Andy Sobczak. Ms. Trodglen stated Mr. Sobczak researched every possible way to help, yet it was determined it would be impossible to get a variance and would be a waste of money and the only option was to bring it before the Board. Ms. Trodglen hoped the Board would consider their request and stated they greatly appreciated the Board's time and consideration of this matter. [Clerks note: Discussion continued under Commissioners Matters 14.A.1.] No Action Taken or Required 10.B.3. 22-0685 Request to Speak from Miss B's Learning Bees re: Limit Fees Charged to Program Recommended Action: No Action Required Attachments: Public Discussion Request MBLB Deleted C. PUBLIC NOTICE ITEMS 10.C.1. 22-0610 Public Notice of Public Hearing for September 13, 2022, to Consider an Ordinance Establishing the LP Community Development District Indian River County Florida Page 21 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: Staff Report County Attorney Dylan Reingold read the notice into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS [Clerks note: Item I LA. was heard after Item 13.A.] 11.A. 22-0617 Update Regarding the Pending Sebastian Annexation Recommended Action: Discussion Attachments: Staff Report Annexation County Administrator Jason Brown provided an update on the potential annexation of 1,984 acres owned by the Graves Brothers, and County staff's interactions and actions in that regard. He stated it was not an exercise for the County to tell the City of Sebastian on how they need to grow, but to look at the items where the County would be asked to provide services. These services could include water and sewer, fire rescue, and parks and recreation. A lengthy discussion among the Board, City Manager Paul Carlisle, and City Council Member Bob McPartlan regarding the pending annexation. No action taken or required 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. 22-0639 Non -Profit Housing Community Rehab (RENO) Program and Non -Profit Housing Construction (CENO) Program Award Recommendations. Recommended Action: Staff recommends that the Board of County Commissioners: 1. CENO Program: a. Award $180,000 to St. Francis Manor in order to construct two new nine -unit buildings intended to house low-income seniors. b. Award $180,000 to Treasure Coast Homeless Services Council in order to construct a triplex intended to house low-income families. C. Award $60,000 to Coalition for Attainable Homes in order to construct an accessory dwelling unit intended to house a low-income senior. i. In order to provide the full funding request, staff Indian River County Florida Page 22 Board of County Commissioners Meeting Minutes - Final August 16, 2022 recommends that $20,000 be transferred from the RENO program into the CENO program. 2. RENO Awards: a. Award $105,240 to Treasure Coast Homeless Services in order to replace roofs on affordable housing units. 3. Authorize the Board Chair to sign Indian River County American Rescue Plan Agreements for each grant recipient. Attachments: Staff Report Application Summary John Stoll, Chief of Long Range Planning, utilized a PowerPoint presentation to update the Board on the American Rescue Plan (ARP) of 2021, the County's Non -Profit Housing Community Rehab (RENO) Program, and the Non -Profit Housing Construction (CENO) Program, Chief Stoll reviewed the applications for the CENO Program which entailed the construction of affordable duplex townhomes and apartments to serve the disadvantaged population. There were four applications received: 1) The Treasure Coast Homeless Services Council requested $180,000 to construct a triplex for low-income families. He stated staff recommended full funding for this application; 2) St. Francis Manor requested $180,000 to construct two new, nine -unit buildings for 18 limited -income seniors. He stated staff recommended full funding for this application; 3) Coalition for Attainable Homes requested $60,000 to construct affordable dwelling units for low-income residents. He stated staff recommended full funding for this application, with $20,000 moved from the RENO program to provide full funding for this request; and 4) The Housing League requested $180,000 to construct a single-family home for a low to moderate -income individual. He stated staff did not recommend an award for this project as it was not eligible for this program. Chief Stoll reviewed the one (1) application received for the RENO Program which entailed the rehabilitation, repair, and remodeling of multi -family facilities that serve disadvantaged populations. The Treasure Coast Homeless Services Council requested $105,240 to replace the roofs on five existing affordable housing units. He stated staff recommended the full funding of this request. A brief discussion was had between the Board, County Administrator Jason Brown, and Community Development Director Phil Matson regarding the success and future of the CENO and RENO programs. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 23 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 12.A.2. 22-0646 Review of Proposed Request for Proposals for a Developer to Redevelop the Former Gifford Gardens Apartments Site with Housing that is Affordable Recommended Action: Staff recommends that the BCC review the proposed final Draft RFP and: 1. Provide any proposed changes to the RFP; 2. Allow any potential final edits to the RFP as may be recommended by various County review departments; 3. Authorize the transfer of $150,000 in ARP funding (RENO Program) to the Gifford Gardens Project; 4. Direct staff to advertise the RFP (as may be modified). Attachments: Staff Report Proposed RFP for Gifford Gardens Site John Stoll, Chief of Long Range Planning, utilized a PowerPoint presentation to review the proposed Request for Proposal (RFP) for the redevelopment of the former Gifford Gardens site. Chief Stoll provided a comparison of the previous RFP that was rejected by the Board on April 27, 2022, with the current RFP. He summarized the proposed incentives to be 1) Free land; 2) pre -paid impact fees; 3) pre -paid water and sewer ERUs; and 4) a $500,000 grant from the County American Rescue Plan (ARP) for engineering/design and related development costs. A brief discussion ensued between the Board, Administrator Brown, Chief Stoll, and Community Development Director Phil Matson regarding income qualifications along with SHIP and SHARP funding assistance. A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works Indian River County Florida Page 24 Board of County Commissioners Meeting Minutes - Final August 16, 2022 12.G.1. 22-0670 Award of Bid No. 2022067, Dick Bird Park Pickleball Courts, IRC -2204 Recommended action: Staff recommends the project be awarded to Barth Construction, Inc. in the amount of $838,764.59 for Dick Bird Park Pickleball Courts. Staff further recommends the Board approve the Sample Agreement and authorize the Chairman to execute said agreement after review and approval of both, the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, the receipt and approval of required insurance by the Risk Manager, and the receipt of evidence of Barth Construction's enrollment in e -verify. Attachments: Staff Report Sample Agreement Public Works Director Richard Szpyrka presented the results of the bids received for the Dick Bird Park Pickleball Courts which was on file and available for viewing in the County Engineering Department. Director Szpyrka stated after reviewing all their qualifications and references, Barth Construction was considered the lowest responsible bidder for this project. A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss H. Utilities Services The Chairman called for a recess at 11:53 a.m., and reconvened the meeting at 12:02 p.m. with all members present, except Commissioner Laura Moss and Commissioner Susan Adams who were absent. 13. COUNTY ATTORNEY MATTERS [Clerks note: Item 13.A. was heard after Item 10. C. 1.] 13.A. 22-0638 Acquisition of Right -Of -Way for Phase Il of 66th Avenue Improvements - Ken Chesnut - 6900 65th Street, Parcel 303 Recommended action: Staff recommends the Board approve the Mediation Settlement Agreement for the Chesnut property and authorize the Chairman to execute the document on behalf of the Board. Indian River County Florida Page 25 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: Staff Report Exhibits A B and C Deputy County Attorney Bill DeBraal presented an agreement regarding a 10 -acre parcel owned by Ken Chesnut, where the county needed .38 acres to complete the 66th Avenue improvements. He stated the mediator, Tony Gonzalez, a former eminent domain attorney from Broward County submitted an appraisal of $153,200. They claimed great reconfigurations, including the loss of trees, fencing, and gating, would be needed. Attorney DeBraal stated at the conclusion of the mediation both parties agreed to submit a settlement agreement to the Board for consideration to pay $135,000 for right-of-way Parcel 303 in full and final settlement to Mr. Chesnut for all damages and expert witness fees. The County would receive credit for the good faith deposit already made of $29,500. The County would install two 24' wide standard stabilized driveways and deliver 60 cubic yards of stabilized base and 45 cubic yards of shell or lime rock to the locations specified by Mr. Chesnut. Attorney DeBraal noted Mr. Chesnut was responsible for the construction of the new reconfigured roads. Attorney DeBraal introduced Attorney William "Bill" Doney who attended the mediation. Attorney Doney added that eminent domain was a very expensive process, it was his belief it would be in the County's best interest to accept the settlement agreement as stated by Attorney DeBraal. Commissioner Flescher stated in past trials of this type, the County had not fared well. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss U.B. 22-0651 Authorization to proceed with foreclosure on Code enforcement cases: 2020030013 (15th Avenue - Palmer, Michael and Kelly) and 2018010025 (20th Avenue - Cavalier, Diackamann) Recommended action: Staff recommends the Board authorize staff to move forward with outside counsel in the filing of foreclosure on the above named code enforcement cases. Indian River County Florida Page 26 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: Staff Report Order Imposing Fine Palmer Deed QC Deed from 4230 Land Trust to Diackamann 12-19-2019 QC Deed from TWR to 4230 Land Trust 11-15-2019 Recorded Order Imposing Fine No discussion was heard 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: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss 13.C. 22-0672 Calcutta Drive Docks Recommended action: Since the deficiencies with Docks 3 and 8 appear to be corrected, the County Attorney's Office recommends that the Indian River County Board of County Commissioners provide guidance as to how to move forward with Docks 7, 14 and 17. Attachments: Staff Report County Attorney Dylan Reingold provided an update to the Board on various docks that have been identified as being in some form of disrepair. Attorney Reingold identified three (3) docks he was supportive of not terminating agreements on and allowing the property owners to move forward with obtaining permits to address the repair of those docks. Jeff Cusson, owner of dock 14 shared with the Board the challenge it has been to complete the repairs and stated he was working hard to bring the dock into compliance. He confirmed he was aware of the change in the license fee schedule. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to rescind the vote to terminate the agreement on dock 14 and direct the County Attorney to continue the process with the remaining three docks in process of coming into compliance. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss 14. COMMISSIONERS MATTERS A. Commissioner Peter D. O'Bryan, Chairman Indian River County Florida Paye 27 Board of County Commissioners Meeting Minutes - Final August 16, 2022 14.A.1. 22-0662 Request from Jennifer and Mark Trodglen for a variance for their shed. Recommended Action: Discussion Attachments: Commissioner's Memorandum [Clerks note: discussion continued from Item 10.B.21 After considerable discussion among the Commissioners, legal counsel, and staff regarding the current process to obtain a variance for a code violation. It was determined to allow an extension for Mr. and Ms. Trodglen, and to direct staff to come back to the Board with a revised variance appeal process. A motion was made by Commissioner Adams, seconded by Commissioner Flescher, to support an extension on the Code Enforcement violation and to direct staff to come back with a revision to the variance appeal process. The motion carried by the following vote: Aye: 4 - Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss The Chairman called for a recess at 11:53 a.m., and reconvened the meeting at 12:03 p.m. with all members present, except Commissioner Laura Moss who was absent. B. Commissioner Joseph H. Earman, Vice Chairman 14.6.1. 22-0618 Update/Discussion on Sector 7 Beach Renourishment Project Recommended Action: Discuss Attachments: Commissioner's Memo [Clerks note: This Item was heard after Item 9.A.] Vice Chairman Joe Earman sought direction from the Board regarding the Sector 7 Beach Renourishment Project. A lengthy discussion ensued among the Board members, legal counsel and staff on; 1) Potential costs for offshore sand dredging and land-based truck haul; 2) Changing the perpetuity of the current Sector 7 easement language to obtain more signed easements; and 3) A viable access point for large dump trucks. In conclusion, Vice Chairman Earman stated he would meet with the residents and relay this discussion, then bring the item back on his agenda. He thanked everyone for their input. No Action Taken or Required Indian River County Florida Page 28 Board of County Commissioners Meeting Minutes - Final August 16, 2022 C. Commissioner Susan Adams U.C.I. 22-0673 Commercial PACE in Indian River County Recommended Action: Request discussion and support Attachments: Commissioners Memo [Clerks note: discussion continued from Item 10.B.1] Commissioner Susan Adams stated the C -PACE program was a tool in the toolbox for economic development and for businesses if they want to take advantage of it. She specified this was a funding option for commercial buildings to use to retrofit for lighting or for large pieces of equipment such as air conditioning units which can be very expensive. Commissioner Adams commented she did not understand why the Board would have to approve this; however, if businesses continued to come to the Board asking for the opportunity to participate in programs such as this, then it was incumbent upon us to allow them to do that. Chairman Peter O'Bryan stated he had been a proponent of the PACE program, and noted some of the local banks' concerns over the PACE loans having a lower underwriting cost than a commercial bank, since the PACE loan was automatically secured through the property assessment. He stated he was fully supportive as long as the Florida Green Finance Authority was willing to include the lender consent clause. He further stated he would be comfortable starting with the current single application to see how it works, then open it up to other applicants. Vice Chairman Earman concurred with the comments of both Commissioner Adams and Chairman O'Bryan and suggested giving staff direction and bring it back to the Board in September. Commissioner Joe Flescher was not supportive as he did not believe the Board should be involved with the banking processes and there were sufficient tools already available. County Attorney Dylan Reingold stated he would bring back the Resolution for the September 13th meeting. A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, to direct staff to bring back a Resolution incorporating the language discussed. The motion carried by the following vote: Indian River County Florida Page 29 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Aye: 3- Chairman O'Bryan, Vice Chairman Earman, and Commissioner Adams Nay: 1- Commissioner Flescher Absent: 1- Commissioner Moss D. Commissioner Joseph E. Flescher E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners adjourned the meeting and reconvened as the Board of Commissioners of the Emergency Services District. The minutes ivill be approved at an upcoming Emergency Services District meeting. A motion was made by Commissioner Flescher, seconded by Commissioner Adams, to approve the ESD minutes of June 7, 2022 and June 21, 2022 as written. The motion carried by the following vote: Aye: 4- Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, and Commissioner Flescher Absent: 1 - Commissioner Moss 15.A.1. 22-0628 Approval of ESD Meeting Minutes of June 7, 2022 Recommended Action: Approve Attachments: 06072022 ESD Draft Approved 15.A.2. 22-0643 Approval of the ESD Meeting Minutes of June 21, 2022 Recommended Action: Approve Attachments: 06212022 ESD Approved 15.A.3. 22-0597 Approval of a Memorandum of Agreement between Florida Department of Health, Indian River Health Department & Indian River County Emergency Services District to Provide Routine Immunization Services. Recommended Action: Staff is recommending the Board approve and execute the Memorandum of Agreement between Florida Department of Health, Indian River Health Department & Indian River County Emergency Services District Indian River County Florida Page 30 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: Staff Report Memorandum of Agreement -Health Dept & IRCESD Article 15 -CBA [Clerks note: this Item was heard after Item 14.B.1.] Director of Emergency Services, Chief David Johnson, requested that the Health Department's agreement be put in writing to fulfill the contractual agreement between Florida Department of Health, Indian River Health Department, and the Indian River County Emergency Services District to provide routine immunizations for employees. Chairman Peter O'Bryan congratulated Chief Johnson as the new Emergency Services Director after the retirement of Chief Tad Stone. Chief Johnson also mentioned the 2022 Tunnel to Towers 5K Run & Walk at Riverside Park. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve staffs recommendation. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss Board of Commissioners of the Emergency Services District reconvened as the The Board of County Commissioners continuing with Item IO.A.I B. Solid Waste Disposal District The Board of County Commissioners adjourned the meeting 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. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve the SWDD minutes of June 7, 2022, June 14, 2022, June 21, 2022, July 5, 2022 and July 12, 2022 as written. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss 15.8.1. 22-0629 Approval of SWDD Meeting Minutes of June 7, 2022 Recommended Action: Approve Indian River County Florida Page 31 Board of County Commissioners Meeting Minutes - Final August 16, 2022 Attachments: 06072022 SWDD Draft Approved 15.8.2. 22-0641 Approval of SWDD Meeting Minutes of June 14, 2022 Recommended Action: Approve Attachments: 06142022 SWDD Draft Approved 15.8.3. 22-0644 Approval of the SWDD Meeting Minutes of June 21, 2022 Recommended Action: Approve Attachments: 06212022 SWDD Approved 15.8.4. 22-0675 Approval of SWDD Meeting Minutes of July 5, 2022 Recommended Action: Approve Attachments: 07052022 SWDD Draft Approved 15.8.5. 22-0683 Approval of SWDD Meeting Minutes of July 12, 2022 Recommended Action: Approve Attachments: 07122022 SWDD Draft Approved 15.8.6. 22-0681 Approval of Second Amendment and Renewal to Recycling Services at Government Buildings and Facilities Agreement Recommended action: Staff recommends that its Board approve the Second Amendment and Renewal to Recycling Services at Government Buildings and Facilities Agreement with Waste Management, Inc., of Florida for a three-year term through September 30, 2025; and, authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency Attachments: Staff Report Second Amendment and Renewal Indian River County Florida Page 32 Board of County Commissioners Meeting Minutes - Final August 16, 2022 There was no discussion on this Item. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve staffs recommendations. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss 15.6.7. 22-0679 Approval of 2023 CPI Adjustment Request by Waste Management for Government Buildings 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 There was no discussion on this Item. A motion was made by Commissioner Flescher, seconded by Vice Chairman Earman, to approve staffs recommendations. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss 15.6.8. 22-0677 Adoption Agreement with US Ecology Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the Adoption Agreement with US Ecology of Tampa, Inc.; and authorize the Chairman to execute the same, as presented Attachments: Staff Report Adoption Agreement with US Ecology of Tampa There was no discussion on this Item A motion was made by Vice Chairman Earman, seconded by Commissioner Flescher, to approve staffs recommendations. The motion carried by the following vote: Aye: 3 - Chairman O'Bryan, Vice Chairman Earman, and Commissioner Flescher Absent: 2- Commissioner Adams, and Commissioner Moss C. Environmental Control Board 16. ADJOURNMENT Indian River County Florida Page 33 Board of County Commissioners Meeting Minutes - Final August 16, 2022 There being no further business, the Chairman adjourned the meeting at 1:14 p.m. Indian River County Florida Page 34 Board of County Commissioners Meeting Minutes — Final August 16, 2022 ATTEST: Je:irey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: k�a Deputy Clerk BCC/SJ/2022 Minutes .•;(...0 ........... MIS"•. Peter O'Bryan, Chairman U Approved: Am 0 12022 Indian River County Florida Page 36