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HomeMy WebLinkAbout01/09/2024 (2)Indian River County Florida Indian River County Administration Complex 18012 7th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov Q �LORIO�' Meeting Minutes - Final Tuesday, January 9, 2024 9:00 AM Commission Chambers Board of County Commissioners Susan Adams, District 1, Chairman Joseph Flescher, District 2, Vice Chairman Joseph H. Earman, District 3 Deryl Loar, District 4 Laura Moss, District 5 John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller Shauna James, Deputy Clerk Board of County Commissioners Meeting Minutes - Final January 9, 2024 1. CALL TO ORDER Present: 5 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Joe Earman Commissioner Laura Moss Commissioner Deryl Loar 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center 3. PLEDGE OF ALLEGIANCE Commissioner Joseph Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman Flescher, seconded by Commissioner Moss, to approve the Agenda as amended, deleting Item 8.W. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 5. PROCLAMATIONS and PRESENTATIONS 5.A. 24-0036 Proclamation Recognizing Human Trafficking Awareness in Indian River County Recommended action: Recommend Read & Present Attachments: Proclamation Michele Kollig, representing Florida Faith Alliance, expressed her gratitude to the Commissioners for raising awareness of the fastest-growing crime in the world. She stated human trafficking was the second largest criminal industry in the world and was a form of modern-day slavery in which human beings are controlled, abused, and exploited for profit through labor and sex. Ms. Kollig informed the Commissioners that the Florida Faith Alliance had produced a powerful anti -trafficking video called "Don't Take the Bait," specifically for middle and high school students to educate them on the dangers of human trafficking. She also mentioned that Florida State House Representative Toby Overdorf recently presented Bill 745, which would hold businesses, motels, and theaters accountable for not taking necessary precautions to prevent human trafficking through their establishments. Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Ms. Kollig stated that Florida Faith Alliance and Catch the Wave of Hope are working to alert Indian River County to the immediate crisis and the need for all to become educated and to promote services and therapy for victims. Ms. Kollig urged the County Commissioners and citizens to attend the free awareness presentation on Tuesday, January 30, 2024, at the Indian Rivers Shores Community Center at 7:00 p.m. Read and presented by Vice Chairman Flescher 6. APPROVAL OF MINUTES A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve the Regular Meeting Minutes of November 7, 2023, and November 21, 2023 as written. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 6.A. 24-0046 Regular Meeting of November 7, 2023 Recommended Action: Approve Attachments: 11072023 BCC Draft Approved as written 6.B. 24-0062 Regular Meeting of November 21, 2023 Recommended Action: Approve Attachments: 11212023 BCC Draft Approved as written 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 24-0052 Proclamation Honoring Mable Mills On Her Retirement From Indian River County Board of County Commissioners Solid Waste Disposal District Recommended Action: Informational Report Attachments: Proclamation No Action Taken or Required 7.B. 24-0060 Proclamation Honoring Amy L. Cosner on her Retirement from Indian River County Board of County Commissioners, Department of Utility Services/Water Distribution Division Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Recommended Action: For informational purposes only - no action required Attachments: Proclamation No Action Taken or Required 7.C. 24-0051 2024 Committee Assignments by Commissioner Recommended Action: Informational Only Attachments: 2024 Committee Assignments by Commissioner No Action Taken or Required 7.D. 24-0031 2024 Treasure Coast Regional Planning Council (TCRPC) Appointments Recommended Action: Informational Purposes Only Attachments: Memo Ltr to TCRPC re: 2024 Assignments No Action Taken or Required 7.E. 23-1144 City of Vero Beach, Notice of Voluntary Annexation: Ordinance No. 2023-24 for 4.07 acres of property located at 2301 43rd Avenue. Recommended Action: Information Only Attachments: COVE Ordinance 2023-24 Voluntary Annxation No Action Taken or Required 7.F. 23-1145 St. Johns River Water Management District (SJRWMD) 2024 Governing Board Meeting Schedule. Recommended Action: Information Only Attachments: 2024 SJRWMD Governing Board Meeting Schedule No Action Taken or Required 7.G. 23-1149 Indian River County Venue Event Calendar Review Recommended Action: Informational item, Board action not required. Attachments: Staff Report Chairman Adams invited everyone out for a "frogtastic" good time at the 33rd Annual Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final January 9, 2024 8. CONSENT AGENDA Fellsmere Frog Leg Festival, with the proceeds benefiting youth recreation. No Action Taken or Required A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve the Consent Agenda as amended, pulling Item B.T. and Item 8.U. for discussion. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.A. 23-1094 Checks and Electronic Payments November 10, 2023 to November 16, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of November 10, 2023 to November 16, 2023 Attachments: Comptroller Division Staff Report Approved 8.B. 23-1099 Checks and Electronic Payments November 17, 2023 to November 23, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of November 17, 2023 to November 23, 2023 Attachments: Comptroller Division Staff Report Approved 8.C. 23-1122 Checks and Electronic Payments November 24, 2023 to November 30, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of November 24, 2023 to November 30, 2023 Attachments: Comptroller Division Staff Report Approved 8.D. 23-1140 Checks and Electronic Payments December 1, 2023 to December 7, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of December 1, 2023 to December 7, 2023 Attachments: Comptroller Division Staff Report Approved 8.E. 23-1147 Quarterly Investment Report for Quarter Ending 09/30/2023 Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Recommended Action: Accept the report Attachments: Comptroller Division Staff Report Accepted 8.F. 23-1148 Quarterly OPEB Trust Report for Quarter Ending 09/30/2023 Recommended Action: Accept the report Attachments: Comptroller Division Staff Report Accepted 8.G. 23-1152 Updates to the Cash Surplus Funds Investment Policy Recommended Action: Accept the changes Attachments: Comptroller Division Staff Report Accepted 8.H. 23-1114 Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) Recommended action: Staff recommends that the Board of County Commissioners approve the fixed interest rate of 8.5%. Staff further recommends that this rate remain in effect for calendar year 2024 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. Attachments: Staff Report County Financing Interest Rate History Approved staffs recommendation 8.1. 23-1151 Updates to the Other Post -Employment Benefits Investment Policy Recommended action: Accept the changes Attachments: Comptroller Division Staff Report Accepted 8.J. 24-0053 Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 8, North County Water Plant Discharge Permit Renewal Recommended action: Staff recommends that the Board of County Commissioners approve the payment in Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final January 9, 2024 the amount of $12,187.00, which represents final payment of Work Order No. 8 to Kimley-Horn & Associates, Inc. Attachments: Staff Report Invoice No 25802834 Approved staffs recommendation 8.K. 24-0044 Fence Encroachment Agreement with Florida Power and Light Recommended action: Staff recommends the Board approve the Fence Encroachment Agreement and authorize the Chairman to sign the Agreement on behalf of the Board. Attachments: Staff Report Aerial Photo Fence Encroachment and Relocation Agmt Approved staffs recommendation 81. 23-1051 Approval of Continuing Geotechnical Engineering Consulting Services Agreements Recommended Action: Staff recommends the Board approve the sample agreement and the hourly rates attached for the listed firms, and authorize the Chairman to execute the agreements after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Staff Report Agreement Exhibit 1 Rates Approved staffs recommendation 8.M. 23-1071 Approval of Continuing Architectural Consulting Services Agreements Recommended Action: Staff recommends the Board approve the sample agreement, and the hourly rates attached for the listed firms, and authorize the Chairman to execute the agreements after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Staff Report Agreement Exhibit 1 Standard Rates Approved staffs recommendation Indian River County Florida Page 0 Board of County Commissioners Meeting Minutes - Final 8.N 8.0 23-1107 Renewal of Annual Bid 2022027 for Natural Areas and Exotic Vegetation Management/ Mowing January 9, 2024 Recommended action: Staff requests the Board of County Commissioners approve the Second Extension, and authorize the Chairman to execute it after the County attorney has approved it as to form and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. Attachments: Staff Report Second Extension - John Brown & Sons, Inc. Approved staffs recommendation 23-1139 First Extension and Amendment to Agreement for Professional Roof Design, Evaluation, and Construction Oversight Services (RFQ 202003 1) Recommended action: Staff recommends the Board approve the first extension and amendment to the agreement with REI Engineers, Inc., Jay Ammon Architect, Inc., and A/R/C Associates, Inc and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. Attachments: Staff Report First Extension and Amendment - A R C First Extension and Amendment - Jay Ammon First Extension and Amendment - REI Approved staffs recommendation 8.P. 24-0030 Award of Bid 2024012 - Annual Bid for County Parks Athletic Field Maintenance Recommended action: Staff recommends the Board award Bid 2024012 to Florida ULS Operations, LLC, dba Haverland AG Innovations, and authorize the Purchasing Division to issue blanket purchase orders. Staff also recommends the Board authorize the Purchasing Manager to renew this agreement, under the same terms and conditions for two additional one-year periods subject to satisfactory performance, vendor acceptance, and determination by the Parks, Recreation and Conservation Department that renewal of this agreement is in the best interest of Indian River County. Attachments: Staff Report Haverland AG Innovations Bid Pricing Approved staffs recommendation 8.Q. 24-0032 Award of Bid 2024013 Demolition of Retail and Residential Structures Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Recommended Action: Staff recommends the Board award Bid 2024013 to Bremar Construction, approve the agreement, and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency, receipt and approval of the required public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. So long as there are no changes in the dollar amount under the agreement, upon adequate completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to Bremar Construction, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: Staff Report Agreement Approved staffs recommendation 8.R. 23-1160 Second Extension to Agreements for Temporary Staffing Services (Bid 2022017) 8.S. 8.T. Recommended Action: Staff recommends the Board of County Commissioners approve the Second Extensions, and authorize the Chairman to execute them, after approval by the County attorney as to form and legal sufficiency, and after receipt and approval of required insurance by Risk Management. Attachments: Staff Report Temp Staffing Second Extension - Altrian Temp Staffing Second Extension - AUE Staffing Temp Staffing Second Extension - Blue Arbor Temp Staffing Second Extension - LF Approved staffs recommendation 23-1143 Agreement with Carter Associates, Inc. for Design Services for Oslo Park Paving and Drainage Project (IRC -2308) Recommended action: Staff recommends the Board approve the agreement, and authorize the Chairman to execute it after review and approval by the county attorney as to form and legal sufficiency. Attachments: Staff Report Agreement with CAI Approved staffs recommendation 24-0034 Pulte Home Company, LLC's Request for Final Plat Approval for Harbor Isle Phase Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final January 9, 2024 I [SD -20-11-04 / 99070005-943001 Recommended action: Staff recommends that the Board of County Commissioners grant final plat approval for Harbor Isle Phase I. Attachments: Staff Report Location Map.pdf Final Plat Layout.pdf Commissioner Moss requested and received clarity from Ryan Sweeney, Assistant Planning & Development Services Director, regarding the proposed development plan for Harbor Isle, Phase I. The plan aimed to increase the density of the entire platted area while maintaining an overall density of approximately four units per acre. As per the first phase of the plan, 90 units were to be constructed and divided by the entire area, resulting in a density of 0.88 units per acre. The Board would be approving the construction of these 90 units. Commissioner Moss requested that the minutes of the Planning and Zoning Commission (PZC) meeting be attached to the backup in the future. A discussion ensued between the Board and staff as to the relevance of the minutes of past PCZ meetings. Chairman Adams stated including the minutes mentioned in the staff report would provide context for the project. However, the minutes may not contain all the necessary information. A final plat was a legal document that created lots. The preliminary dealt with subdivision approval, and would be unnecessary to include. A motion was made by Commissioner Moss, seconded by Commissioner Loar, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.U. 24-0035 Sunburst/Encore, LP's Request for Final Plat Approval for the Sunshine Travel RV Resort Expansion [SD -21-06-02 / 2001010166-93624] Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval for the Sunshine Travel RV Resort expansion project. Attachments: Staff RepOrt Location Map.pdf Final Plat Layout -pd Commissioner Moss sought and received the history of the Sunshine Travel RV Resort, which received approval in the mid-1980s and has since received various approvals to add more RV lot spaces and amenities. Assistant Planning & Development Services Director Ryan Sweeney stated that the Sunshine Travel RV resort occupied the southern two-thirds of the site and had received numerous approvals from the Planning and Zoning Commission or staff for Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final January 9, 2024 lots, clubhouse, pool, and other amenities. The current expansion phase was focused on the northern portion of the site. He clarified the code allowed for staff -level approval for anything less than 25 lots. This project had been decades in the making, and now that the infrastructure was built, this phase was primarily focused on establishing individual RV spaces for full build -out. A motion was made by Commissioner Moss, seconded by Vice Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.V. 23-1153 FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 and Resolution Authorizing the Chairman's Signature for CEI and Construction of 66th Avenue from 69th Street to CR-510/85th Street (IRC -1505B) FM No. 436379-2-54 Recommended action: Staff recommends the Board of County Commissioners approve FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 and Authorizing Resolution and authorize the Chairman to execute the same. Attachments: Staff Report Authorizing Resolution FDOT TRIP Supplemental Agreement No. 2 Approved staffs recommendation and Resolution 2024-001, authorizing the Chairman's execution of Transportation Regional Incentive Program Supplemental Agreement No. 2 with the Florida Department of Transportation (FDOT) for CEI and construction of 66th Avenue roadway widening from 69th Street to CR-510/85th Street. 8.W. 24-0038 Updated Guidebook for The Children's Services Advisory Committee Attachments: Staff Report BCC Resolution 2024 Updated CSAC Guidebook CSAC Guidebook Deleted 8.X. 24-0027 Amendment No. 2 - FDEP Grant Agreement No. 19IR3 (Vero Beach Restoration - Beach Management Sector 5) Recommended Action: Staff recommends the Board approve FDEP Amendment No. 2 to FDEP LGFR Grant Agreement No. 19IR3 for up to $1,748,751.00 and authorize the Chairman to sign the Amendment on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment to the State for final signatures. Upon receipt of the fully executed FDEP Grant Agreement 19I113 Amendment No. 2 from the State, staff will transmit to the Clerk to the Board of County Commissioners for Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final filing. Attachments: Staff Report FDEP Grant Agreement Approved staffs recommendation 8.Y. 23-1150 Southeastern Fastpitch Inc. License Agreement dated January 9, 2024 82. January 9, 2024 Recommended Action: Staff respectfully requests that the Board of County Commissioners approve the Parks Recreation & Conservation License Agreement with Southeastern Fast Pitch Inc. and authorize the Chairman to execute the agreement after review and approval by the County Attorney. Attachments: Staff Report LICENSE AGREEMENT Exhibit A Exhibit B Exhibit C Approved staffs recommendation 23-1156 St. John's River Water Management District Cost Share Agreement Contract #38600 - Indian River County South Oslo Riverfront Conservation Area Floodplain Restoration Project Recommended Action: Staff respectfully request that the Board of County Commissioners accept the South Oslo Riverfront Conservation Area Floodplain Restoration Project Cost -Share Grant and authorize the Chairman to execute the Agreement between the St. John's River Water Management District and Indian River County, Contract #38600 after review and approval by the County Attorney. Attachments: Staff Report Contract #38600 - SORCA Approved staffs recommendation 8.AA. 24-0028 Florida Department of Health EleGARD Grant Recommended Action: Staff recommends that the Board authorize the submission of application for the Florida Department of Health Grant opportunity to procure the four (4) EleGARD units for $31,200, along with authorize the Chairman to execute the agreement after review and approval by the County Attorney. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Attachments: Staff Report Formal Scope of Work Fact Sheet Quote Workforce Training Program Costs Agency Training Plan Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.8.1. 24-0065 Request for Public Discussion by Barry Shapiro re: Annual Vero Beach Sock Drive Recommended Action: No action required Attachments: Request for Public Discussion B.Shapiro Bob Standley, who represents the Vero Beach Sock Drive, shared that the drive began with modest expectations. Initially, the goal was to collect 200 to 300 pairs of socks to send to a charity that helped the homeless. However, the drive exceeded expectations and collected over 1,000 pairs, which were delivered to three different charities. After four years, the drive collected and distributed over 15,000 pairs of socks to the homeless and less fortunate through 12 charitable organizations, all thanks to the generosity and support of the County's great community. Last year, the drive collected 18,881 pairs of socks, which were distributed throughout Indian River County and Palm Beach County. Socks were the number one requested item at homeless shelters. Mr. Standley thanked the volunteers for their time and efforts to help and stated the sock collection boxes were now in over 40 locations throughout the Treasure Coast. No Action Taken or Required C. PUBLIC NOTICE ITEMS 10.C.1. 24-0048 Public Notice of Public Hearing for January 23, 2024, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Attachments: Staff Report County Attorney Bill DeBraal read the notice into the record 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation 12.G.1. 23-1154 Indian River County Shooting Range Standard Operating Procedure Guide Recommended Action: Staff respectfully requests that the Board approve the Indian River County Shooting Range Standard Operating Procedure Guide and authorize the Parks, Recreation and Conservation Director to approve any minor modifications to the Guide as needed reflecting appropriate guest services, general updates, and after discovered errors and omissions that do not substantially alter the intent of the Guide. Attachments: Staff Report Shooting Range SOP - UPDATED Draft Shooting Range LICENSE AGREEMENT Shooting Range Reservation Agreement 12.23 Director of Parks and Recreation Beth Powell utilized a PowerPoint presentation to highlight updates to the Indian River County Public Shooting Range Standard Operating Procedures. Ms. Powell stated the Indian River County Public Shooting Range opened in 2001 through a partnership between the County and the Florida Fish and Wildlife Conservation Commission; she acknowledged the Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final January 9, 2024 generous support received with funding from the U.S. Fish and Wildlife Service. Ms. Powell discussed the Indian River County Public Shooting Range Standard Operating Procedure Guide, which would govern the use of the facility, outline Range rules, and formalize commonly held business and operational practices. Updates to the Guide included: • General Range Safety Rules and Best Management Practices • Guest Services and Point of Sale/Cash Handling for Staff • Independent Contractor Instructions & Policy • Emergency Action Plan - Weather, Wildfire, Critical Incidents • Employee Onboarding and Staffing Responsibilities • Administrative Policies & Procedures • Facility Reservations & License Agreements The Commissioners discussed the facility and its public benefits. A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar H. Planning and Development Services 1. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 24-0043 Opioid Class Action Lawsuit Settlement Fund Allocation Recommended action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners discuss the recommended allotments made by the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse and adopt the authorizing Resolution and authorize the Chairman to execute the Resolution on behalf of the Board. Attachments: Staff Report Resolution Approvinq Allocations re Opioid Staff Report from BCC Meeting of 12-12-23 Letter to Applicants re Opioid Opioid Settlement Planning- Presentation (002) Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final January 9, 2024 In November 2023, the Public Safety Council for Criminal Justice, Mental Health, and Substance Abuse recommended five groups for Opioid Class Action Settlement funds. The Board discussed recommendations on Dec. 12, 2023, and invited those groups to present at a future Board Meeting. County Attorney DeBraal stated that the Southeast Florida Behavioral Health Network would administer these funds as Indian River County was too small to administer and distribute them. Linda Kane, Director, Southeast Florida Behavioral Health Network, oversees the Substance Use System of Care in multiple counties, including Indian River County, which had been allocated $1,177,000 for fiscal year 2024. Ms. Kane explained the process of administering these funds. The following individuals presented their proposed allocations of the Opioid Class Settlement funds. Captain Angela Jones proposed the conversion of a currently vacant wing at the jail to create a space for individuals arrested on drug crimes or drug-related offenses who suffer from Opioid Use Disorder (OUD). These inmates required more intensive medical treatment due to withdrawal and detox symptoms that could not be adequately addressed in the regular medical section of the jail. The award amount for this proposal was $350,000. Carrie Lester, the Executive Director of Substance Awareness Center (SAC), along with Kyleigh Savoie, the Data & Outcomes Manager, utilized a PowerPoint presentation to propose strategies to address the opioid crisis in Indian River County. Those strategies included conduct needs assessment & strategic plan, establish jail treatment programs, launch mobile outreach van, provide training, and expand SAC's treatment & prevention Services. The allocated amount for this proposal was $200,000: Wes Samons, the Executive Director of the Indian River County Mental Health Collaborative, proposed educating the community to prevent opioid abuse. Funding would secure social media campaigns, radio hits, and educational programs. The success of the campaign would be assessed throughout the year. The allocated amount for this proposal was $40,000. Patty Harris, Court Administrator of the 19th Judicial Circuit, announced that funds would be allocated to participants in Problem -Solving Court programs. These programs include Felony Drug Court, Veterans Treatment Court, and Mental Health Court, and had over 150 active participants. The funds would be used for treatment and wraparound services to reintegrate participants into their communities in a Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final January 9, 2024 productive way, with the objective of long-lasting public safety. The allocated amount for this proposal was $305,000. Rayme Nuckles, Visionary Leader, Treasure Coast Homeless Services Council (TCHSC), proposed to provide housing for individuals struggling with Opioid Use Disorder (OUD). This offer would be extended to those who have completed inpatient rehab or have been released from incarceration after participating in jail treatment programs. TCHSC claimed that they could provide up to 10 units of housing, with each unit accommodating two people for a year. The allocated amount for this proposal was $282,000. Each Commissioner weighed in on the proposals presented; Chairman Adams expressed her concern regarding the current programs that were being funded with the opioid settlement dollars. She stated although these programs had been successful, they were mainly designed for individuals involved in the legal system. Chairman Adams stated that it was important to consider the needs of the wider population while allocating funds for assistance programs. Currently, the County seem to be distributing funds based on trial and error, without a clear understanding of where they should be directed. While there may have been some success with certain programs in the past, she further stated she was apprehensive about the sheriffs request for $350,000. There was a need for detox beds in Indian River County, but the need was for detox beds that were open to everyone, regardless of whether they had been arrested or not. It was not the Board's goal to reallocate the funding, yet she felt it was too early to fund the Sheriff s request as there were no cost estimates available, and the program's financial burden was uncertain. Commissioner Moss thought the Sheriffs treatment wing was a good idea. It was a physical asset that could provide help to people for a longer period of time. Other solutions may help individuals in the short term; having a permanent treatment wing would make a lasting impact. Commissioner Earman agreed with Commissioner Moss but would prefer more details on the allocation of the $350,000 for the Sheriffs office. With a motion on the floor, Attorney Bill DeBraal proposed increasing the allocation for the Substance Awareness Counsel by $50,000, making the total allocation $250,000. This would provide $100,000 for the needs study and $150,000 for jail treatment, both of which were urgent needs. This had been requested by Ms. Lester previously in her presentation Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Commissioner Loar was not comfortable with Attorney DeBraal's proposal due to the fact that the Safety Council had already established the dollar amounts. A motion was made by Commissioner Earman, seconded by Commissioner Loar, to approve the recommendations of the Public Safety Council and Resolution 2024-002, approving the allocation of the Opioid Class Action Lawsuit settlement funds. The motion carried by the following vote: Aye: 4 - Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar Nay: 1 - Chairman Adams The Chairman called for a recess at 11:13 and reconvened at 11:23 with all members present. 13.B. 24-0050 Sale/Donation of Former Gifford Gardens Apartments Property to Indian River County Habitat for Humanity, Inc. Recommended Action: Staff recommends that the Board approve the Purchase and Sale Agreement with Indian River Habitat for Humanity and authorize the Chairman to execute the Agreement and the deed on behalf of the Board. Attachments: Staff Report Agreement to Purchase and Sell Real Estate Indian River County American Rescue Plan Agreement Scope of Work County Attorney Bill DeBraal stated that the Gifford Gardens property once had apartment buildings with 55 units spread across 3.3 acres. However, due to their age, the buildings fell into disrepair, and rehabilitating them would have cost more than their value. The County demolished them in June 2011 for $85,000. The property was then purchased at a tax deed sale for the amount of unpaid taxes, which was $84,900. The Code Enforcement demolition liens did not drop off in the tax deed sale, and as a result, the Board purchased the property from the then -owner, Leonard Green, for $10,000. Additionally, the County paid the outstanding taxes for the past two years, amounting to $9,600. Attorney DeBraal stated the Board had reserved the property for affordable housing and received a proposal from Habitat for Humanity, which intended to establish single-family homes using its homeownership program. The Board earmarked $500,000 from the American Recovery and Reinvestment Act for the planning and construction of affordable housing, which was included in Habitat for Humanity's presentation. Attorney DeBraal requested the Board dedicate the property so that Habitat for Humanity could move forward with the project. Chairman Adams stated that the signing of the documents had been long-awaited by Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final January 9, 2024 the Affordable Housing Advisory Committee (AHAC), and appreciated that it was finally moving forward. A motion was made by Commissioner Loar, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A. 24-0061 Proposed Resolution in Support of the Indian River County Strict Rainy Season Ban Urban Fertilizer Ordinance Recommended Action: Request Discussion and Support Attachments: Commissioners Memo Resolution Chairman Adams stated that legislation was being passed at the State level that would limit the County to enforce the ban on rainy season urban fertilizer. She stated that the Sierra Club and other organizations across the State had also requested their local governments to approve a Resolution that urged the State to respect home rule. Indian River Neighborhood Association Executive Director Daniel Lamson thanked the Board for considering this resolution. He stated he was working with a coalition of organizations across the State of Florida trying to get counties that have passed strong fertilizer Ordinances similar to Indian River County to send a Resolution to the state asking them not to preempt these Ordinances. He stated the State had been taking power away from local municipalities for the past decade, which was not something the County wanted to see happen, especially with something as important and low-cost as a solution to nutrient pollution. Mr. Lamson suggested sending a copy of the Resolution to Senator Erin Grall and Representative Robert Brackett, the County's representatives in Tallahassee. Commissioner Flescher mentioned that the County's efforts to enforce compliance with local vendors had yielded excellent results. Many distribution points were now selling fertilizers containing zero harmful chemicals. This was a positive development as it allowed people to fertilize their gardens with a clean conscience. It was essential to continue to promote the use of environmentally friendly fertilizers. Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Richard Baker, Director, Pelican Island Audubon Society, discussed the benefits of native plants. Turf grass requires more water and chemicals, which harms the environment. In Florida, 64% of drinking water is used for lawns, rising to 88% in summer months, and residents must cut back on the use of grass to protect resources. He thanked Alexis Peralta, Fertilizer Enforcement Officer, for teaching kids about birds and stor. nwater. He stated more enforcement was needed to prevent pesticide spraying during the ban. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve staffs recommendation and Resolution 2024-003, in support of the Indian River County strict Rainy Season Ban Urban Fertilizer Ordinance. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. B. Solid Waste Disposal District 15.6.1. 24-0047 Approval of SWDD Meeting Minutes of November 7, 2023 Recommended Action: Approve Attachments: 11072023 SWDD Draft A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve the Solid Waste Disposal District Meeting Minutes of November 7, 2023 as written. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.13.2. 24-0063 Approval of SWDD Meeting Minutes of November 21, 2023 Indian River County Florida Page 19 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Recommended Action: Approve Attachments: 11212023 SWDD Draft A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve the Solid Waste Disposal District Meeting Minutes of November 21, 2023 as written. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.13.3. 24-0056 Work Order No. 5 to Geosyntec for Annual Permit, Compliance Monitoring, and Reporting for 2024 Recommended action: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 5 with Geosyntec Consultants for $296,305.68 to provide engineering services related to the SWDD Annual Permit, Compliance Monitoring, and Reporting; and authorize the Chairman to execute the same, as presented Attachments: Staff Report Work Order No 5 - Geosyntec Director of Utility Services, Sean Lieske, on behalf of the Solid Waste Disposal District, presented an amendment to Work Order No. 5. The amendment was related to the landfill's annual permits, which include a Class I landfill permit, an air permit, and a stormwater permit. The agreement with Geosyntec Consultants was to assist with managing these permits, including monitoring and reporting requirements. The cost of this agreement was $296,305.68. There was no further discussion on this Item. A motion was made by Commissioner Earman, seconded by Vice Chairman Flescher, to approve stafrs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 15.6.4. 24-0058 Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC Recommended action: Staff recommends that its Board approve Amendment No. 4to Landfill Gas Agreement with Nopetro Eco District, LLC (NED) and; authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency Indian River County Florida Page 20 Board of County Commissioners Meeting Minutes - Final January 9, 2024 Attachments: Staff Report Amendment No. 4 to Landfill Gas Agreement Utility Services Director Sean Lieske referred to staff's memo dated December 28, 2023, as there had been a series of amendments associated with the agreement with Nopetro Eco District, LLC (NED), the most recent being Amendment No. 3 Agreement to grant 12 months to the Natural Landfill Gas (LFG) agreement commencement date from June 30, 2023, to June 30, 2024. Mr. Lieske presented Amendment No. 4, which was strictly to extend the contract based on the requirement of their project financing entity to ensure that the termination of the agreement would be beyond the project schedule for completion. Under discussion, Vice Chairman Flescher, Commissioner Loar, and Commissioner Moss expressed their discomfort with the language in the contract, specifically the use of gross receipts versus net proceeds. They stated that they did not favor moving forward with the contract. County Attorney Bill DeBraal received confirmation that the 10 -year extension to the 20 -year contract was no longer on the table. NED CEO Jorge Herrera stated during the last meeting that an extension of three and a half months beyond the outside date had been requested, citing factors that were within their control at the time. Their main concern was that if there was a delay and they could not finish by the deadline, they would not be able to close on their construction loan. Commissioner Loar stated his concern regarding the recent changes and extensions made to the Amendments. He requested from NED and Assistant County Attorney Keith Jackman a more precise definition of the gross receipts. Attorney Jackman suggested postponing the discussion until the January 23, 2024, BCC meeting, as there were concerns regarding the contract's legal sufficiency. The County's gross receipts appeared to cover NED's consumables, taxes, and operational costs, creating ambiguity. The contract should reflect this if the County intended to cover these costs. Chairman Adams expressed frustration with this ongoing project that began in 2019, which incurred numerous costs and several improvements at the county landfill. The leachate issue was addressed by installing a landfill evaporator to access the landfill gas. The plan was to convert the landfill gas into electricity, but the County decided on the pipeline instead, which led to the leachate issue. She stated the Florida City Gas commissioner had used this potential project to get a gas line extension to the beach, but getting the necessary agreements had been a Indian River County Florida Page 21 Board of County Commissioners Meeting Minutes - Final January 9, 2024 challenge. All amendments, including Amendment Three, had been approved, and additional language was added as requested by the County. However, new attorneys had interpreted the Amendments differently, delaying the project's final phase. An extension of the contract for this project was needed to secure funding. Chairman Adams was concerned that the time between now and the January 23rd meeting was not enough time to vet everything. Amendment No. 4 was presented as a simple extension to acquire funding. Delaying it would require budget input, vetting on different market conditions, and comparing contracts from Jacksonville and Indian River County. She stated even if the County Attorney's office and all the other staff focused solely on this, it would still take longer than the funding deadline. If there was no funding, the project would not happen. Chairman Adams was glad to see progress in the willingness to have conversations on both sides but worried that there would be nothing to discuss if the decision was delayed. A lengthy discussion ensued about whether the Attorney's office and representatives from NED could renegotiate the contract language before the BCC Meeting on January 23, 2024. A motion was made by Commissioner Moss, seconded by Commissioner Loar, to postpone the vote until the January 23, 2024 regular meeting, to allow for requested changes to the language in the existing contract. The motion carried by the following vote: Aye: 3 - Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar Nay: 2 - Chairman Adams, and Commissioner Earman C. Environmental Control Board 16. ADJOURNMENT There being no further business the Chairman adjourned the meeting at 1:01 PM Indian River County Florida Page 22 Board of County Commissioners Meeting Minutes — Final January 9, 2023 ATTEST: Aw", - zez 0 �e Ryan L. Butler Clerk of Circuit Court and Comptroller By: Approved: March 05, 2024 Deputy Clerk Indian River County Florida Page 23