HomeMy WebLinkAbout02/07/2023 (2)Indian 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, February 7, 2023
9:00 AM
Commission Chambers
Board of County Commissioners
Joseph H. Earman, District 3, Chairman
Susan Adams, District 1, Vice Chairman
Joseph Flescher, District 2
Deryl Loar, District 4
Laura Moss, District 5
Michael C. Zito, Interim 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 February 7, 2023
1. CALL TO ORDER
Present: 5 - Chairman Joe Earman
Vice Chairman Susan Adams
Commissioner Joseph Flescher
Commissioner Deryl Loar
Commissioner Laura Moss
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF
THE ARMED FORCES
2.B. INVOCATION
Rev. Dr. Brad Klostreich, Westminster Presbyterian Church
3. PLEDGE OF ALLEGIANCE
Michael Zito, Interim County Administrator
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: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
5. PROCLAMATIONS and PRESENTATIONS
5.A. 23-0069 Presentation of Proclamation Honoring the Reverend Andrew Jefferson
Recommended Action: Read and Present
Attachments: Proclamation
Commissioner Flescher stated it was a grand honor and privilege to present the
Proclamation to Reverend Andrew Jefferson. Reverend Jefferson was joined by his
wife Ruth, and students from Gifford Middle School and Saint Peter's Academy as he
thanked the Commissioners for the recognition. Many members of his community
spoke highly of Reverend Jefferson. Ashland Tomlinson, a student, read a message
to Reverend Jefferson on behalf of the children of Saint Peters Academy.
Read and presented by Commissioner Flescher
5.13. 23-0070 Presentation of Proclamation Honoring Tyrone McGriff, Sr.
Recommended Action: Read and Present
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Attachments: Proclamation
Chairman Earman stated he was honored to present the Proclamation recognizing the
late Tyrone McGriff Sr. for his civic contributions. Tyrone McGriff Jr. thanked
Chairman Earman and the Commissioners for recognizing his father, which would
have meant so much to him.
Read and presented by Chairman Earman
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Vice Chairman
Adams, to approve the Consent Agenda as presented. The motion carried by the
following vote:
8.A. 23-0054 Checks and Electronic Payments January 6, 2023 to January 12, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of January 6, 2023 to January 12, 2023
Attachments: Finance Department Staff Report
Approved
8.B. 23-0112 Checks and Electronic Payments January 13, 2023 to January 19, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of January 13, 2023 to January 19, 2023
Attachments: Finance Department Staff Report
Approved
8.C. 23-0113 Checks and Electronic Payments January 20, 2023 to January 26, 2023
Recommended action: Approve the list of checks and electronic payments issued by the Comptroller's office
for the time period of January 20, 2023 to January 26, 2023
Attachments: Finance Department Staff Report
Approved
8.D. 23-0084 Second Extension and Amendment to Agreements for Custodial Services at
County -Owned Facilities
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Recommended action: Staff recommends the Board approve the Second Extension and Amendment and
authorize the Chairman to executed then after review and approval by the County
Attorney as to form and legal sufficiency.
Attachments: Staff Report
Second Extension and Amendment - CER
Second Extension and Amendment - Clean Space
Approved staffs recommendation
8.E. 23-0099 Hanlex Vero Beach LLC Developer's Agreement
Recommended action: Staff recommends that the Board of County Commissioners approve the Hanlex Vero
Beach LLC Developer's Agreement with the County, and authorize the Chairman to
execute the agreement to reimburse Hanlex Vero Beach LLC in the amount of
$111,000.00 for the work performed in the agreement
Attachments: Staff Report
Developers Agreement Hanlex Group
Approved staffs recommendation
81. 23-0101 April 1, 2022 Addendum to RX Benefits Administrative Services Agreement dated
October 1, 2021 - Removing Per Claim Fee of $0.40 for Out of Pocket Protection +
SaveOnSP Program
Recommended action: Staff respectfully requests the Board of County Commissioners approve and authorize
the Board Chairman to sign the 2023 administrative services agreement addendum
with RX Benefits after review and approval by the County Attorney.
Attachments: Staff Report
2023 ASA Addendum effective April 1. 2022
2022 ASA Addendum effective April 30. 2022
2021 ASA Addendum Exhibit - Pricing effective October 1. 2021
2018 ASA Original Agreement effective May 1. 2018
Approved staffs recommendation
8.G. 23-0107 Revision to Administrative Policy AM -702.1 Sick Leave
Recommended action: Staff respectfully requests the Board of County Commissioners approve the revisions
to AM -702.1 Sick Leave
Attachments: Staff Report - Sick Leave
702.1 Sick Leave 2-7-2023 Draft
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Approved staffs recommendation
8.H. 23-0108 GRBK GHO High Pointe, LLC's Request for Final Plat Approval for a Subdivision
to be known as High Pointe PD Phase 1 [PD -18-07-03 / 98100081-91447]
Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval
for High Pointe PD Phase 1
Attachments: Staff Report
Location Map
Final Plat Layout
Approved staffs recommendation
8.1. 23-0109 Jones' Pier Conservation Area Public Access Improvements - Final Completion and
Release of Retainage
Recommended Action: Staff respectfully recommends approval of Application for Payment
Holdback -REV -3, in the amount of $75,922.17, to XGD Systems, Inc., which will
release any further obligations of the County from the Contractor.
Attachments: Staff Report
Final Pay Request
Approved staff's recommendation
8.J. 23-0111 Jones Pier Conservation Area Use Agreement Between the Town of Indian River
Shores and Indian River County
Recommended action: Staff respectfully requests that the Board of County Commissioners approve the
Jones' Pier Conservation Area Use Agreement Between the Town of Indian River
Shores and Indian River County and authorize the Chairman to execute the
Agreement on their behalf after review and approval by the County Attorney, County
Risk Manager, and upon receiving written approval by the Florida Communities
Trust.
Attachments: Staff Report
Jones Pier MOU
Approved staffs recommendation
8.K. 23-0116 Five Guys Letter of Intent for Lease
Recommended Action: Staff recommends the Board approve the Letter of Intent as proposed for Five Guys
Restaurant and authorize the Chairman to execute a final Lease Agreement on behalf
of the Board once finalized and approved by the County Attorney's Office.
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Attachments: Staff Report
Letter of Intent
Approved staffs recommendation
8.L. 23-0117 Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity
for RG Ambulance Service, Inc., d/b/a All County Ambulance to Provide Interfacility
Ambulance Transportation Services.
Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve
renewal of the Class "B" Certificate of Public Convenience and Necessity for RG
Ambulance Service, Inc., d/b/a All County Ambulance, to be effective for a period of
two (2) years from February 9, 2023 to February 9, 2025.
Attachments: Staff Report
COPCN Renewal Application - All County Ambulance
Approved staffs recommendation
8.M. 23-0118 Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity
for RG Ambulance Service, Inc., d/b/a American Ambulance Service to Provide
Interfacility Ambulance Transportation Services
Recommended action: Staff respectfully recommends that the Board of County Commissioners approve
renewal of the Class "B" Certificate of Public Convenience and Necessity for RG
Ambulance Service, Inc., d/b/a American Ambulance Service, to be effective for a
period of two (2) years from February 9, 2023 to February 9, 2025.
Attachments: Staff Report
COPCN Renewal Application -American Ambulance Service
Approved staffs recommendation
8.N. 23-0122 Florida Department of Transportation (FDOT) Locally Funded Agreement (LFA) for
CR50 (CR512 - 87th Street) FM No. 405606-7-52-01 (IRC -2230)
Recommended action: Although the expense of $337,857 is not currently budgeted, a budget amendment
utilizing Optional Sales Tax -Cash Forward -Oct 1 st will be needed. Funds will be
paid out of Optional Sales Tax/Road & Bridge/CR 510/512 to 82nd Avenue,
Account # 31521441-066510-23026.
Attachments: Staff Report
Locally Funded Agreement FM No. 405606-7-52-01
Authorizing Resolution
Approved staffs recommendation and Resolution 2023-007, authorizing the
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Chairman's execution of a Locally Funded Agreement (LFA) FM No.
405606-7-52-01 with the Florida Department of Transportation for mast arm
painting, construction of a 6 -inch fiber -mesh reinforced concrete sidewalk and
the maintenance of both for CR510 (CR512 — 87th street) upon final acceptance by
the County of the improvements constructed by the Florida Department of
Transportation. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
PROOF OF PUBLICATION FOR THESE HEARINGS ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD.
A. PUBLIC HEARINGS
10.A.1. 23-0114 Public Hearing -- County Administrator Residency Requirement Ordinance
(LEGISLATIVE)
Recommended action: The County Attorney's Office recommends that the Indian River County Board of
County Commissioners open the public hearing, take any public comments, close
the public hearing and approve the proposed ordinance.
Attachments: Staff Report
County Administrator Residency Ordinance
Affidavit of Publication - Administrator Residency
County Attorney Dylan Reingold stated the attorney's office had drafted the
ordinance adding language into Section 101.05 of the Indian River County Code
of Ordinances stating that the County Administrator need not be a resident of the
County at the time of appointment, but during his or her tenure in office shall
reside within the County.
There was no discussion on this Item.
The Chairman opened the public hearing. There being no comments, the
Chairman closed the public hearing.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Moss, to adopt Ordinance 2023-004 amending Section 101.05 (the County
Administrator) of Chapter 101 (Government Organization) of the Code of
Indian River County in order to require the County Administrator to reside in
Indian River County during his or her term in office; providing for conflict and
severability; providing for codification; and providing for an effective date.
The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
10.A.2. 23-0115 Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of
Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River
County, Codifying and Publishing the Ordinances to Readopt the Code up to and
Including Supplement 144 (LEGISLATIVE)
Recommended Action: Open the public hearing, take public comment, close the public hearing, and
adopt the ordinance to codify and publish the ordinances published in The Code
of Indian River County up to and including Supplement 144.
Attachments: Staff Report
annual code codification 2023
Affidavit of Publication - Affidavit of Publication — Code Codification
County Attorney Dylan Reingold stated Florida Statute Section 125.68(1)(a)
requires counties to maintain a current codification of all Ordinances and such
codification shall be published annually by the Board.
There was no discussion on this Item.
The Chairman opened the public hearing. There being no comments, the
Chairman closed the public hearing.
A motion was made by Commissioner Loar, seconded by Commissioner
Flescher, to adopt Ordinance 2023-005, amending section 100.03
"Amendment or Repeal of Ordinances" of Chapter 100 "general provisions"
of the Code of Indian River County ("the Code"), codifying and publishing the
Ordinances up to and including Supplement 144 thereto, readopting the
Code, designating the Code as the best evidence of the current law of Indian
River County, Florida, and providing for severability, codification, and an
effective date. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
11.A. 23-0080 Designated Point Persons for 2023 State Legislative List of Priorities
Recommended Action: Discussion
Attachments: Staff Report
Legislative Assignment List
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Legislative Affairs and Communications Manager Kathy Copeland stated the
Legislative session would begin in March and presented a chart showing the
designated point person and alternate for the 2023 State Legislative List of Priorities.
Ms. Copeland explained the information was just a guideline and did not prevent any
Board member from engaging at any time on any topic or Bill. Chairman Earman
stated this template was not written in stone and was open to any ideas or
suggestions.
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,
to adopt the Commissioner Assignment List for the 2023 Legislative Priorities as
presented. The motion carried by the following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
D. Human Resources
12.13.1. 23-0123 Proposed Interview Schedule for County Administrator
Recommended Action: Staff respectfully requests the BOCC provide direction to CB&A and staff
regarding the Indian River County interview process for County Administrator
scheduled for March 2nd and March 3rd.
Attachments: Staff Report
The Interview Process Memo & FAQs
White Paper - The Typical Interview Process
Interview Schedule - Indian River County - Draft
Interview Schedule - St. Lucie County - 6th Draft
Human Resources Director Suzanne Boyll outlined in detail the next steps in the
hiring process for a new County Administrator. Ms. Boyll provided a draft of a
typical outline of the interview process that was supplied by the executive
recruitment services firm Colin Baenziger & Associates (CB&A), who had been
selected for this process. Lynelle Klein with CB&A joined the discussion via
telephone to answer any questions the Board may have had.
A discussion ensued between the Board, staff, and Ms. Klein regarding the
various phases of the interview process, and how CB&A would complete the
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
vetting of the applicants in order to get the applicant pool of 50 down to 10, plus
two internal candidates.
Chairman Earman referenced the memo dated January 31, 2023, from Colin
Baenziger on the interview process considerations. The candidates will interview
one-on-one with each County Commissioner on March 3, 2023, followed by a
public interview before the full Commission later that afternoon. The commission
could choose the new County Administrator that day or wait until the March 7,
2023 meeting.
A motion was made by Vice Chairman Adams, seconded by Chairman
Earman, to direct staff to move forward with the interview process as
recommended by Colin Baezinger & Associates. The motion carried by the
following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
G. Information Technology
F. Office of Management and Budget
12.F.1. 23-0121 2023/2024 Budget Workshop/Hearing Schedule
Recommended Action: Staff recommends that the Board of County Commissioners approve the budget
workshop dates and the dates for the budget hearings for 2023/2024 budgets.
Attachments: Staff Report
Director of Management and Budget Kristin Daniels presented to the Board the
selected dates for the 2023/2024 budget workshop for July 12, 2023 and July 13
2023, (as needed), date for the Public Hearing for September 13, 2023, for the
budget and proposed millage rates, and for the final budget hearing for September
20, 2023 to adopt the budget and millage rates.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Moss, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
G. Public Works
H. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 23-0125 Authorization to proceed with foreclosures on Code enforcement cases: 2014050077
(Collins) and 2021090105 (Paige)
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
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.
Attachments: Staff Report
Recorded Order Imposing Fine (Paige)
Deed (Paige)
Recorded Order Imposing Fine (Collins)
Deed (Collins)
Assistant County Attorney Susan Prado presented the following Code Enforcement
cases before the Board and sought the Board's approval to start the foreclosure
process.
Attorney Prado presented Case 2014050077 (Collins) 356 18th Avenue, Vero Beach,
FL, which went back to 2014. In June 2014, the Code Enforcement Board (CEB) held
the property owners in violation for overgrown weeds and an unmaintained swimming
pool; in July 2014, the CEB found the owners not to be in compliance and issued a fine
of $100 per day. Attorney Prado utilized a PowerPoint presentation to show aerial
photos of the property and confirmed the property was not homesteaded, and had no
current foreclosures or mortgages on the property. Ms. Prado informed the Board, the
current fine amount was $311,700, and as of January 2023, the property had not come
into compliance, additionally there was an individual (squatter) adversely possessing the
property.
Attorney Prado presented Case 2021090105 (Paige) 955 37th Ave, Vero Beach, FL.
In November 2021, an evidentiary hearing was held finding the property owners in
violation for overgrown weeds, junk, trash, debris, pool enclosure violation, and an
unmaintained swimming pool. The CEB imposed a fine of $100 per day. Attorney
Prado utilized a PowerPoint presentation to show aerial photos of the property and
confirmed the property was not homesteaded, had no current foreclosures and did not
appear to have a prior mortgage recorded on the property. Ms. Prado informed the
Board the current fine amount was $43,200.
Jan Spofford, who resides next door to the property at 356 18th Ave, confirmed there
was a "squatter" at the property, and requested information as to how quickly the
foreclosure would be done and what she could do if the person showed up at the house
again. County Attorney Dylan Reingold responded that the attorney's office would
move forward with the foreclosure and address the issues that need to be corrected on
the property. He further suggested, and Commissioner Loar agreed, Ms. Spofford
should contact the Sheriff's office and let them know there was a threat to her
property.
A motion was made by Commissioner Flescher, seconded by Commissioner Loar,
to approve staffs recommendation. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final February 7, 2023
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher, Commissioner
Loar, and Commissioner Moss
14. COMMISSIONERS MATTERS
A. Commissioner Joseph H. Earman, Chairman
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
D. Commissioner Deryl Loar
E. Commissioner Laura Moss
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
15.13.1. 23-0124 Final Pay to Geosyntec for Work Order No. 11 - Engineering and Permitting
Services for the Leachate Treatment Project
Recommended Action: Solid Waste Disposal District staff recommends that its Board approve
Geosyntec's final invoice amount of $1,267.26, which includes the $250.00
Florida Department of Environmental Protection permit fee paid by Geosyntec on
behalf of S WDD
Attachments: Staff Report
Proiect Completion Report & Final Invoice
Commissioner Flescher voiced his excitement that the Leachate Treatment
Project was coming to fruition in less than a year. Solid Waste Disposal District
Managing Director Himanshu Mehta announced there would be a ribbon cutting
ceremony in April 2023.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Earman, Vice Chairman Adams, Commissioner Flescher,
Commissioner Loar, and Commissioner Moss
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 11:01 a.m.
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Board of County Commissioners Meeting Minutes — Final February 7, 2023
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: "�'&
Deputy Clerk
Approved
March 28, 2023
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