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HomeMy WebLinkAbout01/23/2024 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov q �Ic �Ic �LORIOp' Meeting Minutes - Final Tuesday, January 23, 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 Randi Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes - Final January 23, 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 Pastor Chris Drinnon, Grace Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Items 14.A.1 and 15.13.1. to be heard following the Consent Agenda, as Commissioner Earman had a time certain appointment at 11:00 a.m. A motion was made by Commissioner Moss, seconded by Vice Chairman Flescher, to approve the Agenda as amended. 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 S.A. 24-0089 Presentation of Proclamation Recognizing African American Pioneer Ernie James Grier Recommended Action: Recommend Read & Present Attachments: Proclamation Postponed until the February 6, 2024 regular meeting. 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 24-0088 Proclamation Designating January 21-27, 2024 As Certified Registered Nurse Week Recommended Action: Informational Purposes Only Attachments: Proclamation No Action Taken or Required Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final January 23, 2024 7.B. 24-0097 Notice of Proposed Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures Update Recommended action: There is no action required by the BCC at this time as this is being presented for informational purposes only. Attachments: Staff Report Proposed Fees Attachment A BCC Info 8. CONSENT AGENDA No Action Taken or Required Items 8.S. and 8.AB. were pulled for discussion. A motion was made by Vice Chairman Flescher, seconded by Commissioner Loar, to approve the Consent Agenda as amended. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.A. 24-0072 Checks and Electronic Payments December 8, 2023 to December 14, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of December 8, 2023 to December 14, 2023 Attachments: Comptroller Division Staff Report Approved staffs recommendation 8.B. 24-0074 Checks and Electronic Payments December 15, 2023 to December 21, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of December 15, 2023 to December 21, 2023 Attachments: Comptroller Division Staff Report Approved staffs recommendation 8.C. 24-0071 Checks and Electronic Payments December 22, 2023 to December 28, 2023 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of December 22, 2023 to December 28, 2023 Attachments: Comptroller Division Staff Report Approved staffs recommendation Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final 8.D. 24-0078 Checks and Electronic Payments December 29, 2023 to January 4, 2024 January 23, 2024 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of December 29, 2023 to January 4, 2024 Attachments: Comptroller Division Staff Report Approved staffs recommendation 8.E. 24-0093 Checks and Electronic Payments January 5, 2024 to January 11, 2024 Recommended action: Approve the list of checks and electronic payments issued by the Comptroller Division for the time period of January 5, 2024 to January 11, 2024 Attachments: Comptroller Division Staff Report Approved staff's recommendation 8.F. 24-0077 Internal Audit Division Annual Report Recommended Action: Accept the report Attachments: Comptroller Division Staff Report Approved staffs recommendation 8.G. 23-1142 Award of Bid 2024024 for Upper Floridian Aquifer South Well No. 1 Replacement Recommended action: Staff recommends the Board award bid 2024024 to Florida Design Drilling, Inc., approve the sample agreement, and authorize the Chairman to execute it after review and approval of the agreement and required Public Construction Bond as to form and legal sufficiency by the Assistant County Attorney. Attachments: Staff Report Sample Agreement Approved staffs recommendation 8.11. 24-0033 Second Extension to Agreement for Custodial Services for County Administration Complex (Bid 2022022) Recommended Action: Staff recommends the Board approve the Second Extension, and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Attachments: Staff Report Admin Complex Custodial Services Second Extension Approved staffs recommendation 8.1. 24-0045 Award of RFP 2024014 for Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits and Authorization to Negotiate Recommended action: Staff recommends the Board award the RFP to Ritacco & Chan Architecture, LLC, and authorize negotiations with the firm. Attachments: Staff Report Approved staffs recommendation 8.J. 24-0049 First Extension to Agreement for North County and West Wabasso Water and Sewer Customer Side Connections (RFP 2023007) Recommended Action: Staff recommends the Board of County Commissioners approve the First Extension, and authorize the Chairman to execute it, 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 First Extension Approved staffs recommendation 8.K. 24-0064 2024/2025 Budget Workshop/Hearing Schedule Recommended action: Staff recommends that the Board of County Commissioners approve the budget workshop dates for the budget hearings for 2024/2025 budgets. Attachments: Staff Report Approved staffs recommendation 8. L. 24-0066 Award of RFP 2024025 for an Urban Service Boundary Study Recommended action: Staff recommends the Board approve the final ranking of firms, award the RFP to Inspire Placemaking Collective, Inc., approve the agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency. Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Attachments: Staff Report Agreement Approved staffs recommendation 8.M. 24-0070 Award of Bid 2024026 for Tracking Station Beach Park Dune Crossover Recommended action: Staff recommends the Board award Bid 2024026 to Island Harbor Custom Builders, approve the agreement, and authorize the Chairman to sign the agreement after receipt and approval of the agreement and the required public construction bond by the County Attorney as to form and legal sufficiency, after the Contractor has reactivated its status with the Building Division, and after receipt and approval of the required insurance by the Risk Manager. Staff also recommends the Board authorize the County Administrator to decrease the scope of work, as may be required, to prioritize completion of the southern crossing. 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 Island Harbor Custom Builders, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: Staff Report Agreement Approved staffs recommendation 8.N. 24-0075 Award of RFP 2024021 for an Impact Fee Study Update (Non -Utility) Recommended Action: Staff recommends the Board award the RFP to Alfred Benesch & Company, approve the agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. Attachments: Staff Report Agreement Approved staffs recommendation 8.0. 24-0092 Designation of Excess Equipment as Surplus and Authorization for Disposal Recommended action: Staff recommends the Board declare the items on the Excess List for 012324 Agenda as surplus and authorize their disposal. Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final 8.P. Attachments: Staff Report Excess List for 012324 Approved staffs recommendation January 23, 2024 24-0098 Approval of Agreements for Software Purchase and Maintenance (agreements not attached due to confidentiality) Recommended Action: Staff recommends the Board authorize the Chairman to execute the necessary agreements, after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Staff Report Approved staffs recommendation 8.Q. 24-0099 Approval of Continuing Architectural Consulting Services Rates Recommended Action: Staff recommends the Board approve the hourly rates attached for the listed firms, and authorize the Chairman to execute agreements with those firms after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Staff Report Combined rates - second agenda Approved staffs recommendation 8.R. 24-0037 Children's Services Advisory Committee's Annual Report, FY 2022-2023 Attachments: Staff Report CSAC Annual Report FY22-23 Approved staffs recommendation 8.S. 24-0038 Updated Guidebook for The Children's Services Advisory Committee Attachments: Staff Report BCC Resolution 2024 Updated CSAC Guidebook CSAC Guidebook Commissioner Moss thanked staff for their work in updating the Children's' Services Advisory Committee (CSAC) Guidebook, and noted the addition of professional development classes available to anyone in the non-profit sector. A motion was made by Commissioner Moss, seconded by Vice Chairman Flescher, to approve staffs recommendation, and Resolution 2024-004, adopting the Guidebook for the Children's Services Advisory Committee. The motion carried by the following vote: Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.T. 24-0039 Appointment of Chairman to Children's Services Advisory Committee Recommended Action: Staff respectfully requests that the Board of County Commissioners appoint Miranda Swanson as Chairman of the Children's Services Advisory Committee. Attachments: Staff Report Approved staffs recommendation 8.U. 24-0040 2024-2027 Children's Services Advisory Committee's Needs Assessment Recommended action: Staff recommends the Board accept the Children's Services Advisory Committee's 2024-2027 Needs Assessment, as submitted. Attachments: Staff Report DRAFT Needs Assessment 2024 Approved staffs recommendation 8.V. 24-0041 Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2024-2025 Recommended action: Staff recommends that the Board accept the RFP, the Grant Application and the Agency Grant Contract for FY 2024-2025 as submitted, and authorize the County Administrator to execute the individual contracts after review and approval by the County Attorney Attachments: Staff Report Grant Application Reauest For Proposal Grant Proposal Eval Rubric Grant Contract FY24 Approved staffs recommendation 8.W. 24-0085 Amendment No. 1 - FDEP Grant Agreement No. 21IR1 (Vero Beach Restoration - Beach Management Sector 5) Recommended action: Staff recommends the Board approve FDEP Amendment No. 1 to FDEP LGFR Grant Agreement No. 21IR1 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 211R1 Amendment No. 1 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final 8.X Attachments: Staff Report FDEP Grant Agreement 211R1 Approved staffs recommendation January 23, 2024 24-0086 Amendment No. 4 - FDEP Grant Agreement No. 17IR2 (Wabasso (Indian River Sector 3) Beach Restoration) Recommended Action: Staff recommends the Board approve FDEP Amendment No. 4 to FDEP LGFR Grant Agreement No. 17IR2 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 17IR2 Amendment No. 4 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. Attachments: Staff Report FDEP Grant Agreement 171R2 A4 Approved staffs recommendation 8.Y. 23-1157 United Way Pickleball Tournament License Agreement Recommended action: Staff respectfully requests that the Board of County Commissioners approve the License Agreement with United Way of Indian River County Inc. and authorize the Chairman to execute the agreement after review and approval for legal sufficiency by the County Attorney. Attachments: Staff Report United Way License Agreement draft United Way Exhibit A Exhibit B - UWIRC Fee Schedule Approved staffs recommendation 82. 23-1159 Modification of Contract #H0259 between Indian River County and the Florida Division of Emergency Management Recommended action: Staff respectfully request that the Board of County Commissioners accept the Modification to Sub -grant Agreement Between the Division of Emergency Management and Indian River County, Contract Number H0259, and authorize the Chairman to execute the Modified Sub -grant Agreement, Contract Number H0259, Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final January 23, 2024 after review and approval by the County Attorney. Attachments: Staff Report Sub -Recipient Agreement Approved staffs recommendation 8.AA. 24-0095 State of Florida, Florida Fish and Wildlife Conservation Commission - FWC Agreement - Triple N Ranch and Indian River County Expansion Project Grant Agreement Recommended Action: Staff respectfully requests that the Board of County Commissioners review and approve the Draft FWC Recipient/Subrecipient Agreement and authorize the Chairman to execute the Triple N Ranch and Indian River County Expansion Project Recipient/Subrecipient Agreement after non -substantive data (including the grant award number) is added and with the final review and approval by the County Attorney. Staff also requests authorization for the Deputy County Administrator or his designee to execute non -substantive grant documentation, reimbursements, and amendments as needed under the grant agreement. Attachments: Staff Report FWC Grant Aareement PIN(` (,ronf Gnrm Approved staffs recommendation 8.AB. 24-0068 Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 Recommended action: Staff and the Affordable Housing Advisory Committee recommend that the Board of County Commissioners approve the new Indian River County Local Housing Assistance Plan by adopting the proposed resolution and authorizing the Chairman to sign the certification page. Attachments: Staff Report SHIP Program Funds & Applicant Income Info LHAP with all exhibits Resolution Plan Certification Commissioner Loar opened discussion with a request for consideration to allow mobile homes to qualify for SHIP (State Housing Initiatives Partnership) funds to make emergency repairs. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Chris Balter, Chief of Long Range Planning, spoke on the County's proposed new Local Housing Assistance Plan (LHAP), which included the SHIP programs, and was required to be filed with the State every three years. Discussion ensued between the Board and staff regarding the process to include mobile homes in SHIP funding, and the types of structural repairs which would be covered. Chairman Adams clarified Commissioner Loar's request to add mobile homes to the emergency repair program only. Chief Balter confirmed there was time to make changes, as the LHAP filing deadline was in May. Chairman Adams suggested staff bring the matter before the Affordable Housing Advisory Committee before returning before the Board at the February 20, 2024 regular meeting. A motion was made by Commissioner Loar, seconded by Commissioner Moss, to table the Item until the February 20, 2024 regular meeting. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Earman, Commissioner Moss, and Commissioner Loar 8.AC. 24-0079 Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant Recommended Action: Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. Attachments: Staff Report Grant Agreement Budget Form Resolution Approved staffs recommendation and Resolution 2024-005, authorizing the execution of [a] Public Transportation Agreement with the Florida Department of Transportation. 8.AD. 24-0083 Amendment No. 2 to the Agreement for Professional Services for Emergency Operations Center Expansion, RFQ No. 2022062 (IRC -2302) Recommended Action: Staff recommends approving Amendment No. 2 to Agreement for Professional Services for Emergency Operations Center Expansion with Spiezle and requests the Board authorize the Chairman to execute Amendment No. 2 to the Agreement on their behalf for a lump sum amount of $14,375.00. The new total agreement price will be $84,475.00. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Attachments: Staff Report Amendment No. 2 Approved staffs recommendation 8.AE. 24-0084 Change Order No. 1, 11th Drive & 37th Street Roadway and Intersection Improvements, IRC -2001 Recommended Action: Staff recommends approving Change Order No. 1 authorizing the $202,836.28 increase to the contract with Dickerson Infrastructure, Inc. The new total contract price will be $3,680,991.78. Attachments: Staff report Change Order No. 1 Approved staffs recommendation 8.AF. 23-1125 Final Pay to Atlantic Roofing II of Vero Beach, Inc., for the Central Wastewater Treatment Facility Roof Replacement Project Recommended Action: Staff recommends that the Board of County Commissioners approve the final to Atlantic Roofing II of Vero Beach, Inc., for a total of $28,846.15. Attachments: Staff Report Pay App #9 - Atlantic Roofing Approved staffs recommendation 8.AG. 24-0096 Amendment No.I to Work Order No.8 to Bowman Consulting Group, LTD for Revisions to the Department of Utility Services Water, Wastewater & Reuse Utility Construction Standards Recommended Action: Staff recommends that the Board of County Commissioners authorize Amendment No. 1 to Work Order No. 8 to Bowman Consulting Group, LTD, for additional revisions for the Department of Utility Services Water, Wastewater & Reuse Utility Construction Standards for $26,956.92 and authorize the Chairman to execute the same. So long as there are no changes in the dollar amount under the Work Order as amended, upon adequate completion of the work set forth in the Work Order, staff is directed to make final payment and release any retainage to Bowman Consulting Group, LTD, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachments: Staff Report Amendment No 1 Work Order No 8 Approved staffs recommendation Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final January 23, 2024 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS The Chairman called a recess at 11:15 a.m., and reconvened the meeting with all members present, except Commissioner Earman. A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 24-0091 County Initiated Request to Amend the 5 -Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period of FY 2023/24-2027/28 - [LEGISLATIVE] Recommended Action: It is requested that the Board of County Commissioners, at its regular meeting on January 23, 2024, open the public hearing, receive public comments, if any, and continue the public hearing until February 6, 2024. Attachments: Staff Report Chris Balter, Chief of Long Range Planning, cited extenuating circumstances as he requested the public hearing be continued until the next regular Board meeting on February 6, 2024. Chairman Adams opened the public hearing for comments. There were none. A motion was made to continue the public hearing per staffs request. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to continue the public hearing until the February 6, 2024 Regular meeting.The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar Absent: 1 - Commissioner Earman 10.A.2. 24-0102 Biosolids Moratorium Extension Ordinance - LEGISLATIVE Recommended Action: The County Attorney's Office recommends that after the public hearing the Board vote to approve the proposed ordinance. Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Attachments: Staff Report Proposed Ordinance County Attorney Bill DeBraal provided background information on Class B biosolids application in Indian River County. A moratorium prohibiting the land application and transportation of Class B biolsolids in the County was passed on July 18, 2018. The moratoriums had been renewed continually, with the latest Ordinance expiring January 1, 2024. Attorney DeBraal requested the Board's approval on the Ordinance which would extend the moratorium to January 1, 2025. The Chairman opened the public hearing for comments. There being none, the Chairman closed the public hearing. Commissioner Moss questioned why the moratorium could not be extended for longer than one year at a time. Chairman Adams informed that moratoriums typically lasted one year, and any longer than that would qualify as a prohibition which was not allowed under State legislation. A motion was made by Vice Chairman Flescher, seconded by Commissioner Moss, to approve staffs recommendation and adopt Ordinance 2024-001, authorizing an extension of the temporary moratorium for an additional 1 year, or until a comprehensive review of the impact on the County's ecosystem is completed, within the unincorporated areas of Indian River County prohibiting land application activities of Class B biosolids; providing for additional study and possible regulation of Class B biosolids application activities; providing for exhaustion of administrative remedies; and providing for severability, repeal of conflicting provisions, and an effective date. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar Absent: 1 - Commissioner Earman 10.A.3. 24-0067 Ordinance of Indian River County, Florida, Amending the Zoning Ordinance and the Accompanying Zoning Map for +2.0 Acres from RS -6, Single -Family Residential District to RMH-8, Residential Mobile Home District (RZON96050010-95727) [Quasi -Judicial] Recommended Action: Recommend that the Board of County Commissioners approve the proposed change to rezone the subject property from RS-6,Single-Family Residential to RMH-8, Residential Mobile Home. Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezoning Application Ordinance Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final January 23, 2024 Chairman Adams introduced the parties for the proceeding as being School Street Apartments LLC, and Indian River County. Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Chairman opened the public hearing. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Cindy Thurman, Senior Planner, Long Range Planning, presented staffs analysis of the request to rezone approximately two (2) acres located between 54th Terrace and 54th Drive along 45th Street from RS -6 (Single -Family Residential) to RMH-8, Residential Mobile Home District. Geoff Barkett, Schulke, Bittle, and Stoddard, appeared before the Board on behalf of the applicant. There being no further comments, the Chairman closed the public hearing. A motion was made by Vice Chairman Flescher, seconded by Chairman Adams, to approve staffs recommendation and adopt Ordinance 2024-002, amending the Zoning Ordinance and the accompanying Zoning Map for ±2.0 acres located at the terminus of 54th Drive, approximately 760 feet north of 45th Street and approximately one quarter of a mile east of 58th Avenue; from RS -6, Residential Single Family to RMH-8, Residential Mobile Home; and providing codification; severability; and effective date. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Moss, and Commissioner Loar Absent: 1 - Commissioner Earman B. PUBLIC DISCUSSION ITEMS 10.B.1. 24-0087 Request to Speak by D. Gilliams re: Funding for Septic to Sewer Utilities at 490 US Hwy 1, Sebastian 32958 Recommended Action: No action required Attachments: Public Discussion Request D.Gilliams Damian Gilliams appeared before the Board on behalf of his business located at 490 US Highway 1, Sebastian. Mr. Gilliams recounted the steps he took to try and connect to the County's sewer system, which was never achieved. He Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final January 23, 2024 appealed to the Board for financial assistance with recent septic system issues. Chairman Adams confirmed the Board had received the documents submitted, and explained it was at a Commissioner's discretion to bring a discussion item back before the Board as an actionable Agenda item. No Action Taken or Required C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 24-0090 Joint Meeting - City of Fellsmere and Indian River County Recommended Action: Discuss and provide consensus on the agenda items listed Attachments: Staff Report County Administrator John Titkanich informed County staff had met with the City of Fellsmere (City), and agreed upon the following agenda items for the upcoming joint County -City meeting: transportation, utilities, and stormwater. Chairman Adams and Administrator Titkanich entered into discussion and agreed to prioritize utilities and stormwater. The Administrator also discussed the presentation regarding plans for the County Road 512, and was made in conjunction with the County's MPO and FDOT (Florida Department of Transportation). Further discussion was had regarding details of the meeting, and the focus on defining broad issues of concern. The meeting would be held on Wednesday, January 30, 2024, in the Fellsmere Public School building. No Action Taken or Required 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final January 23, 2024 G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. 24-0101 County Attorney Recruitment Process Recommended Action: Request discussion and support. Attachments: Commissioner's Memo [Clerk Note: This Item was heard following the Consent Agenda] Chairman Adams requested the Board consider beginning the search for the next County Attorney in light of the fact that current Attorney Bill DeBraal would be retiring in August of this year. County Administrator John Titkanich shared his experience with the executive recruitment firm his department was using. Commissioner Loar suggested advertising with professional legal groups for candidates before hiring a recruiter. Commissioner Moss expressed concern for handling the review process in house. Discussion ensued among the Commissioners regarding timing, and the need to define the (qualities/qualifications?) preferred for the next County Attorney. Chairman Adams suggested having the Board work with Human Resources to refine the search criteria for distribution to professional agencies while simultaneously soliciting a proposal from a recruitment firm. She requested having the final recruitment ad brought back before the Board at the next regular meeting on February 6, 2024. Consensus was reached to have staff gather the County Attorney's job description and incorporate the Board's suggestions for use in advertising to professional legal agencies. Staff was also directed to simultaneously request a proposal from a professional recruiter. The final job search advertisement would be brought before the Board for their approval at the next regular meeting on February 6, 2024. B. Commissioner Joseph E. Flescher, Vice Chairman Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final January 23, 2024 C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS 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. Following Item 15.13.1., the Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of County Commissioners of the regular meeting, continuing with Item 10.A.1. A. Emergency Services District B. Solid Waste Disposal District 15.B.1. 24-0107 Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC Recommended action: Staff recommends the SWDD Board approve Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC and authorize the Chairman to execute the agreement. Attachments: Staff Report Nopetro 1.23.24 Final Agenda Amendment No. 4 to Landfill Gas Agreement SWDD to Nopetro - PJS 1. 19.24 Exhibit E Utility Services Director Sean Lieske presented the changes included in Amendment 4 to the Nopetro Eco District LLC (NED) Landfill Gas Agreement. Per the changes requested by the Board at the January 9, 2024 regular meeting, staff and the NED met and agreed to the following: a clarified definition of gross receipts/net proceeds, assignment of responsibility for certain expenses, reduction in the psi, and an extension of the landfill gas (LFG) Termination Date to May 31, 2025; an agreement to finalize standard operating procedures would be forthcoming. County Administrator John Titkanich, and County Attorney Bill DeBraal detailed the financial scenarios in the Agreement, addressed the Board's questions, and discussed the risks versus the estimated returns. Under discussion, Vice Chairman Flescher stated he was not in favor of the final Agreement as it had changed into a different type of project over the last three revisions, and he would rather let the contract go than proceed. Chairman Adams Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final January 23, 2024 and staff discussed the offset costs, as well as the financial and environmental gains for the County. Representatives from the NED appeared before the Board to expound on the evolution of the project and answer questions regarding the financing of the Renewable Natural Gas (RNG) production plant. During this discussion, it was revealed the contract between NED and Symbiont (the plant's engineering firm) was fully bonded; Attorney DeBraal confirmed this meant the facility which would convert LFG to RNG was insured to be completed. Further discussion ensued regarding the wording of the contract in regard to net proceeds. NED's attorney displayed all four (4) iterations of the Agreement to demonstrate the financial projections and returns to the County were unchanged; only the definitions of "gross", "expenses" and "net" were clarified per the Board's request at the last regular meeting. Commissioner Earman spoke in favor of this public-private partnership, noting the minimal risk to the County coupled with the environmental and economic gains. Commissioner Loar maintained concerns regarding the financing and the exhibits in the contract, but noted the bond was a welcome revelation. Tom Sullivan, County resident, received confirmation from the Board that the County's risk was limited to the amount of profits realized, and spoke in support of the project. A motion was made by Commissioner Earman, seconded by Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 3 - Chairman Adams, Commissioner Earman, and Commissioner Moss Nay: 2 - Vice Chairman Flescher, and Commissioner Loar C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 11:52 a.m. Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes—Final January 23,2024 ATTEST: • . • • ••P• A 'op / I*: 4. 1,1„ • *•-, • ___.tie.,.. 7 WA Alarm& As..1..,' Ryan L.Butler san Adams,Chairman •ti% ._ _°• Clerk of Circuit Court and Comptroller /,'1R C:'.'. .• By: < �i YYl_O.0.) Approved: March 05,2024 Deputy Clerk Indian River County Florida Page 19