Indian River County

Administration Complex

1801 27th Street, Building

Indian River County Florida

Vero Beach, Florida,

32960-3388

Meeting Minutes - Final

www.ircgov.com

Board of County Commissioners

Peter O'Bryan, Chairman, District 4

Joseph H. Earman, Vice Chairman, District 3

Susan Adams, District 1

Joseph Flescher, District 2

Laura Moss, District 5

Jason E. Brown, County Administrator

Dylan Reingold, County Attorney

Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller

Tuesday, May 10, 2022

9:00 AM

Commission Chambers

1. CALL TO ORDER

2. ROLLCALL

5 -

Present:

Chairman Peter O'Bryan

Vice Chairman Joe Earman

Commissioner Susan Adams

Commissioner Joseph Flescher

Commissioner Laura Moss

2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF

THE ARMED FORCES

2.B. INVOCATION

Reverend Timothy Womack, First Presbyterian Church

3. PLEDGE OF ALLEGIANCE

Commissioner Peter D. O'Bryan, Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Agenda as presented. The motion carried by the

following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

5. PROCLAMATIONS and PRESENTATIONS

22-0246

5.A.

Presentation of Proclamation Designating the Month of May, 2022, as Foster Care

Awareness Month

Recommended Action:

Read and Present

Attachments: Proclamation

A Proclamation was presented to Michael Keen and Kenya Reinhardt with 4Kids

Treasure Coast, an organization with 193 licensed foster homes in Southeast Florida

covering Judicial Circuits 15, 17, and 19. Mr. Keen stated that creating awareness

was the first step in increasing the vision of a home for every child.

Read and presented by Commissioner Moss

22-0317

5.B.

Presentation of Proclamation in Honor of the 100th Anniversary of The Indian River

County Chamber of Commerce

Recommended Action:

Read and Present

Attachments: Proclamation IRC Chamber of Commerce

A Proclamation was presented to the Indian River County Chamber of Commerce

(Chamber) and accepted by Dori Stone, President, who was accompanied by the

Chamber's staff and Board Members. Ms. Stone thanked the Board for their support

and spoke of the upcoming Gala to celebrate the Chamber's 100th Anniversary. She

also welcomed the Board to be a participant in the Chamber's time capsule.

Read and Presented by Commissioner Adams

22-0377

5.C.

Presentation of Proclamation - Designating May 21 - May 27, 2022 as National Safe

Boating Week

Recommended Action:

Read & Present

Attachments: Proclamation - National Safe Boating Week

Chairman O'Bryan read and presented the Proclamation to Mark Cannon with the

United States Coast Guard Auxiliary Flotilla 5-6 (56) who was accompanied by

several auxiliary members. Mr. Cannon described the mission of the flotilla, detailed

the services they provide, and thanked the Board for recognizing the organization.

Read and Presented by Chairman O'Bryan

6. APPROVAL OF MINUTES

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Regular Meeting Minutes of March 8, 2022, March 15, 2022,

and April 5, 2022 as written. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0356

6.A.

6.B.

6.C.

Regular Meeting of March 08, 2022

Approve

Recommended Action:

Attachments: 03082022 BCC Draft

Approved

22-0373

Regular Meeting of March 15, 2022

Approve

Recommended Action:

Attachments: 03152022 BCC Draft

Approved

22-0374

Regular Meeting of April 5, 2022

Approve

Recommended Action:

Attachments: 04052022 BCC Draft

Approved

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

8. CONSENT AGENDA

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Consent Agenda as amended, pulling Item 8.E. for

discussion. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0330

8.A.

Award of Grant Consultant RFP (2022034)

Recommended Action:

Staff recommends the Board approve the committee’s final ranking of firms, award

the project to Witt O’Brien’s, LLC, approve the sample agreement, and authorize the

Chairman to execute the agreement after the County Attorney has approved it as to

form and legal sufficiency.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

22-0370

8.B.

Sole Source Designation Requests

Recommended Action:

Staff recommends the Board of County Commissioners declare the items listed on the

following table as sole source for a three-year period, and authorize the Purchasing

Division to issue purchase orders in lieu of formal bids or quotes, and as funding is

approved by the Budget Department.

Attachments: Staff Report

Approved staff's recommendation

22-0365

8.C.

Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility

Recommended Action:

Staff recommends that the Indian River County Board of County Commissioners

approve the requested changes to the Application and Agreement for Disposal of

Septage, Food Establishment Sludge, and Portable Restroom Wastewater. Staff

requests that the implementation of the changes take effect June 1, 2022

Attachments: Staff Report

Draft of Application and Agreement - June 2022

Approved staff's recommendation

22-0177

8.D.

GRBK GHO Bent Pine, LLC’s Request for Final Plat Approval for Bent Pine

Preserve Phase 2 [SD-15-01-01 / 96010108-90187]

Recommended Action:

Staff recommends that the Board of County Commissioners grant final plat approval

for Bent Pine Preserve Phase 2.

Attachments: Staff Report

Location Map

Final Plat Layout

Approved staff's recommendation

22-0357

8.E.

Work Order No. 49, Kimley-Horn and Associates, Pedestrian/Bicycle Access

Project

Recommended Action:

Staff recommends approval of Work Order No. 49 to Kimley-Horn and Associates,

Inc., authorizing the professional services as outlined in the Scope of Services and

requests the Board authorize the Chairman to execute Work Order No. 49 on their

behalf for a lump sum amount of $268,780.

Attachments: Staff Report

Kimley-Horn Work Order 49

Commissioner Moss pointed out the Indian River Boulevard Pedestrian and Bicycle

Access Improvement project (project) included five-foot bike lanes which she

understood was not sufficiently safe and advised the standard was changing to a

seven-foot buffered bike lane. She was aware of the long approval process, but felt

the County should do it right the first time, rather than to come back at a later date to

correct the bike lanes.

Public Works Director Rich Szpyrka commented Indian River Boulevard (IR Blvd)

was not designed for, or constructed with bike lanes, he pointed out the three to

four-foot shoulders along IR Blvd. He stated staff evaluated all of the roadways

when doing any type of construction, to determine if adding bike lanes was feasible.

He added, the Board's direction was five-foot bike lanes and staff was on board with

putting in seven-foot bike lanes as long as it was feasible. He explained for this

particular project, staff after much analysis, agreed that the County could add a

five-foot bike lane on the existing road with minimum impacts. He spoke of the issues

and possible impacts with putting in seven-foot bike lanes along IR Blvd, and

concluded it was not cost feasible for this project.

Commissioner Adams sought and received confirmation from Director Szpyrka that

the five-foot width met the requirements for a bike lane versus an improved shoulder.

He explained the Department of Transportation's (DOT) hierarchy for bike lanes

ranged from seven-foot to four-foot, and confirmed the five-foot bike lane does meet

the standard.

Chairman O'Bryan received confirmation from Director Szpyrka that the County

would put in seven-foot bike lanes when it was feasible. Director Szpyrka detailed

current County and DOT projects that would include seven-foot bike lanes.

Chairman O'Bryan addressed an email he had received, and relayed that the County

had been working with the Bike/Pedestrian Group for over a year on this particular

project. He felt staff had done a great job in reaching out to the stakeholders and

working with them on these issues.

In response to a question raised by Vice Chairman Earman, Director Szpyrka

explained the process and costs involved to redesign the project to accommodate a

seven-foot bike lane. A discussion followed on striving for seven-foot bike lanes and

22-0363

10.A.1

Children’s Services Advisory Committee Ordinance (Legislative)

Recommended Action:

The County Attorney’s Office recommends that the Chair open the public

hearing, take any public comment, close the public hearing and that the Board

vote to approve the draft ordinance.

Attachments: Staff Report

Draft Ordinance

Affidavit of Publication - Children Services Advisory Committee

Ordinance Ch. 103

County Attorney Dylan Reingold recalled that on March 1, 2022, the Board

directed the County Attorney's Office to move forward with an ordinance to

amend Part II (Children's Services Advisory Committee Chapter) of Chapter

103 (Commissions and Boards) of the Indian River County Code of Ordinances

(the Code) to address the issues raised when the proposed Children's Trust

special dependent district referendum was considered. One of the changes

addressed as part of the process was to include business experience as a

qualification for the community members appointed by the Board, and to include

an increase in the millage cap from the current limit of 0.125 to 0.25. He

concluded by thanking Lisa Kahle, Meredith Egan, Michael Kint, and Jeff Smith

for their work on addressing this issue through the years.

Commissioner Moss referred to Section 103.22 (1) of the Ordinance and opined

the Representative from the Indian River County Hospital District should not be

an elected official, but someone in their administration. The Board saw no

challenge in having an ex-officio Hospital District Representative, noting there

were many elected officials who served on various committees. Chairman

O'Bryan stated he would like to reinstate the sentence stricken in Item (1)(b) that

read "Each commissioner shall appoint one member to represent his/her district".

A discussion then followed on Item (4) of section 103.22, and it was determined

to leave Item (4) stricken.

Chairman O'Bryan remarked in Section 103.24 Sub-committees, Item (2)(a),

should be stricken noting there was not a nominating sub-committee.

Commissioner Adams referred to Item (1) of Section 103.24 and suggested the

sub-committee should be comprised of one member of Children's Services

Advisory Committee (CSAC), who shall serve as the Chair and the remaining

sub-committee members would be composed of citizens who were Indian River

County residents not currently serving on the CSAC. She also wanted the

following language included in Item (1), "with an effort to broadly represent the

County geographically and socioeconomically". Commissioner Adams opined

under Item (2)(b), the Community needs assessment and planning sub-committee

should consist of no fewer than five (5) and no more than nine (9) members. She

added the sub-committee members would serve three two-year terms, and a one

(1) year absence shall be required before members may re-apply to serve on the

sub-committee. A discussion followed to delete sub-section (ii) under Item (2)(b)

with County Administrator Jason Brown explaining there was no detail budget for

each of the sub-committees' activities. Commissioner Adams recommended in

Item (2)(c), the Grant Review sub-committee, the membership be comprised of

no fewer than nine (9) and no more than fifteen (15) members serving three

two-year terms, and a one (1) year absence shall be required before members

may re-apply to serve on the sub-committee. Chairman O'Bryan went over all

the comments made for Section 103.24 Sub-committee for discussion.

Commissioner Adams turned the Board's attention to Section 103.23 - Duties of

the Children's Services Advisory Committee Members. She suggested including

under Item (1), a sub-section for the CSAC to work with sub-committees and

staff to update the CSAC Policy Handbook to be approved by the Board of

County Commissioners every two years. County Attorney Reingold sought

clarification and referred to Section 103.31 Procedures Handbook. He

recommended including under Section 103.23, as Item 5, "Work with staff and

sub-committees to review and update the procedure manual as set forth in

section 103.31 of this Chapter, to be presented to the Board of County

Commissioners for approval every two years. Commissioner Adams proposed

adding language in Item (3), "including program updates/highlights, outcome data

and performance and fiscal reports from each funded organization" and at the end

of Item (4)(a), "including recommendations on best practices, programs and

services to be implemented outside the RFP process".

Commissioner Moss sought and received clarification from County Attorney

Reingold on Section 103.27 in regard to Items (12), (13), and (14).

Chairman O'Bryan opened the public hearing.

Lisa Kahle, on behalf of the Exploratory Committee, thanked the Board and staff

for recognizing the need for investing in children of the community, and for making

improvements to the CSAC.

Michael Kint, echoed Ms. Kahle's words and thanked the Board and staff for

their support.

There being no further speakers, the Chairman closed the hearing.

In response to Chairman O'Bryan's question, Commissioner Flescher felt it would

be appropriate to extend the public hearing to the next meeting in order to allow

the County Attorney sufficient time to make the proposed changes to the

Ordinance as discussed and bring it back for adoption at the following meeting.

22-0372

11.A.

Dasie Hope/ West Wabasso Progressive Civic Club Lease Termination and

Amendment to the Health Department Agreement

Recommended Action:

Staff recommends that the Board of County Commissioners approve the proposed

amendment to the Core Contract Agreement with the Health Department. Staff

further recommends that the Board approve the necessary budget amendment to

provide funding for initial improvements and operating expenses for the remainder of

the current fiscal year totaling $310,000

Attachments: Staff Report Dasie Hope / FDOH

Letter from FDOH & Core Contract Amend 3.10.22

Letter from Dasie Hope Center 3.10.22

Letter from Dylan Reingold 4.1.22

Protest of Lease Agreement 4.29.22

Letter from FDOH 3.7.22

Dasie Hope Lease Sept 2003

Letter from FDOH 5.4.22

County Administrator Jason Brown detailed the County's lease with the Dasie

Bridgewater Hope Center (Dasie Hope) and West Wabasso Progressive Civic Club

(Civic Club) for a portion of the Old Douglass School facility at 8445 64th Avenue in

Wabasso. He recalled the Health Department (DOH) back on February 1, 2022,

proposed adding the Dasie Hope Center as a satellite location to provide health

services to the residents of Wabasso. On March 10, 2022, Dasie Hope notified the

County that they would be voluntarily terminating the lease with the County with the

plan that the DOH would begin operation at the location. He added the Civic Club

and Dasie Hope were co-lessee and in accordance with the lease, if one of the parties

discontinues the lease, it shall terminate. On April 1, 2022, the County notified Dasie

Hope and the Civic Club that the lease would terminate as of April 30, 2022 for all

parties. He also mentioned the County leased the remainder of the property to the

Economic Opportunities Council under a separate agreement of which would not be

impacted by the change. He indicated the Civic Club challenged the termination of

the lease; however, the Health Department has offered the Civic Club use of the

facility for occasional meetings similar to past practice as long as it was not political.

County Administrator Brown indicated the DOH facility was provided by the County

through an Interlocal Agreement. He confirmed the County would take on the

support and maintenance of the Old Douglass School facility.

Chairman O'Bryan received confirmation from County DOH Officer Miranda

Swanson that the political events including candidate forums, were not currently

allowed at the Health Department's current site; the same prohibition would apply to

the Dasie Hope location. However, if presented with the situation, Ms. Swanson

stated she would certainly consult with the DOH Attorney.

Ms. Swanson commented on the DOH expanding their services in Wabasso, their

long term partnership with the residents of Wabasso, and the various agencies who

would bring their programs and services to the new site. She felt it was a privilege for

the DOH to partner with Dasie Hope. In response to Commissioner Flescher,

County Administrator Brown confirmed there was funding for replacement of the

roof and two new air conditioning units in the amount of $250,000.

Chairman O'Bryan asked if there was anyone from the public who wish to speak.

Vernon Reason, Board Member for the Progressive Civic League, expressed his

concern that the County bypassed notifying the leaders of the community of the

DOH's proposal. He pointed out the Civic Club has always maintained authority over

the Old Douglass School facility, and he acknowledged Dasie Hope was not the only

organization on the lease. He opined the Civic Club should have been notified that the

DOH was making a presentation concerning the West Wabasso area as stated in the

order established. He requested the Board table the item so the Civic Club could

notify the community on the pros and cons of the DOH's proposal.

Ardra Rigby, President of the Civic Club, echoed Mr. Reason's statement and

referred to the language contained in the lease pointing out that Dasie Hope voluntarily

terminated the lease.

Ronald Reeves, Parliamentarian of the Civic Club, expressed his concern over the

validation of the signature on the lease and that Dasie Hope voluntarily terminated the

lease in order to bring in the DOH.

Bill Rigby, Vice President of the Civic Club, informed the Board that Dasie Hope was

not the initial holder of the lease and that Dasie Hope had sent a letter to the Civic

Club requesting to be included on the lease. He stated all the Civic Club wanted was

for the County to add their name to the lease because of the concern that eventually

the DOH may not allow the Civic Club to meet at the facility. Mr. Ardra Rigby

followed up by saying, the Civic Club objected to the DOH dictating what subjects

the Civic Club could address at the facility.

Mr. Reason read the meaning of the term "distributive justice" with Mr. Ardra Rigby

asking for the Board's consideration in tabling the item and holding a meeting with the

Civic Club prior to moving forward with the proposal.

Chairman O'Bryan sought and received confirmation from County Attorney Reingold

on the request from Mr. Bill Rigby to allow the Civic Club's name to be added to the

lease. Attorney Reingold confirmed there was no lease between the County and the

DOH, but that the facility was provided through an Interlocal Agreement.

Commissioner Flescher received confirmation from the Civic Club that they had

received the letter dated April 1, 2022 from County Attorney Reingold. Mr. Reason

referred back to the February 1, 2022 meeting, and he explained there was an order

in place to notify the leadership of the Civic Club of events that involved the West

Wabasso area. Mr. Ardra Rigby felt the community should be able to provide input,

and to have the meeting held at a time so that the community could attend.

Commissioner Flescher addressed the issues in regard to the validity and

interpretations of the contract, and communication. A discussion ensued with Mr.

Reason indicating the Civic Club needed a permanent base, not just a place to meet

and that the Civic Club did not receive notification from the County of the February 1,

2022 Board Meeting. In response to Mr. Reason, County Administrator Brown

provided a timeline of the communications between the County and the Civic Club in

regard to the DOH proposal since February 2022.

Chairman O'Bryan sought and received confirmation from Ms. Swanson that the

DOH was committed to allow the Civic Club to meet at the facility, but could not

enter into a lease for meeting space.

Chairman O'Bryan came forward and told Mr. Ardra Rigby that he felt the DOH

providing services was a big positive for the Wabasso community and that the Civic

Club could continue to use the facility for their meetings. He maintained that the

Board could not notify everyone in the County who may have an interest coming

before the Board and recommended prior to the meeting scanning through agenda for

items pertaining to the West Wabasso area.

Commissioner Moss received clarification from Attorney Reingold that the DOH

would operate the facility with their own rules and restrictions as to how they would

work with community groups for use of the facilities. Attorney Reingold questioned

whether the DOH would be willing to make some sort of commitment to the County

in the language of the Interlocal Agreement in regard to the Civic Club's use of the

facility.

Commissioner Adams looked at the DOH providing services to the Wabasso area as

a great opportunity and what was best for the entirety of the community.

Mr. Ardra Rigby informed the Board of the Civic Club's By-Laws and anyone going

before the County regarding the community must be cleared through the Civic Club.

He added the DOH did not consult with the Civic Club on how the DOH's proposal

would directly affect the Wabasso community and asked that the Board table the

item.

County Administrator Brown felt the County had a good proposal from the DOH to

provide services to the residents of Wabasso. Vice Chairman Earman agreed the

program was good for the community and tried to understand what was the Civic

Club's issue with the DOH proposal for the facility. Mr. Reason expressed his

concern with the DOH services in the community and requested the item be tabled to

allow enough time to notify the community.

22-0371

13.A.

Authorization to proceed with foreclosure on Code enforcement cases: 2015080113

(99th Street) (Almanza, Pablo), 201712011 (Lime Street) (Almanza, Pablo), and

2021060045 (91st Street) (Gomez, Felipe and Elena)

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

Order Imposing Fine

CEB Order Imposing fine 12-28-2015

CEB Order imposing fine (Lime Street Property)

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 Cases 2015080113 (13490 99th Street) and

2017120118 (305 S. Lime Street) both owned by Pablo Almanza, for junk vehicles,

junk, trash, and debris. She mentioned the code enforcement action for the

properties started in 2015 for 99th Street, and in 2017 for S. Lime Street and noted

both of the properties were not in compliance and fined $100 a day, per property.

She concluded the fines, for both properties, continued to accrue.

Mr. Almanza, owner of the properties referenced, stated he was currently working on

getting the properties into compliance and needed additional time. Attorney Prado

replied that it was her understanding that Mr. Almanza had 90% of the property

cleaned, and was waiting to meet with Code Enforcement to make sure they were in

compliance.

Commissioner Adam reiterated to Mr. Almanza that both properties needed to be

brought into compliance.

Chairman O'Bryan recommended the Board move forward with the process of

foreclosure with the understanding that Code Enforcement will meet out on the

properties to provide guidance, and the owner has thirty days to get the properties

into compliance.

A motion was made by Commissioner Adams, seconded by Vice Chairman

Earman, to approve directing staff to move forward with the process of

foreclosure on Case 2015080113 (99th Street) and 201712011 (Lime Street)

(Almanza, Pablo), but with the understanding both properties have up to 30 days

to meet with a code enforcement officer and come into compliance. The motion

carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

Attorney Prado proceeded with Case Number 2021060045 (12376 91st Street)

(Gomez, Felipe and Elena) stating the code enforcement action began in 2021, with a

complaint regarding the storage of a commercial vehicle and equipment in the A-1

zoning district. The respondents were given ample opportunity to bring the property

into compliance and was fined a $100 per day for a total of $21,000 to date. She

pointed out the County received numerous complaints of the commercial business

located in a residential area. She indicated the County could not move forward with

foreclosure on the 91st Street property, as it was their homestead. She pointed out

the Gomez's own several other commercial properties located in the Fellsmere area at

9 South Mulberry Street; 11th South Mulberry Street; and a vacant lot on Cypress

Street that the County would look at in the foreclosure process.

In response to Chairman O'Bryan, Attorney Prado stated the owners were not

present and that the County does not have to make the owners aware of the process.

A discussion followed on letting the owners know in the future when their properties

would go before the Board to start the foreclosure process.

A motion was made by Commissioner Adams, seconded by Vice Chairman

Earman, to move forward with the foreclosure on Code Enforcement Case

2021060045 (91st Street) (Gomez, Felipe and Elena). The motion carried by the

following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0364

13.B.

Acquisition of Property for future Right-of-Way for Intersection Improvements -

Cherry Lane Estates, Inc. of Vero Beach

Recommended Action:

Staff recommends the Board approve the Agreement to Purchase and Sell Real

Estate for the Cherry Lane Estates, Inc. of Vero Beach property and authorize the

Chairman to execute the document on behalf of the Board.

Attachments: Staff Report

Exhibit “A” Aerial Photo

Exhibit “B” Agreement to Purchase/Sell Real Estate

Assistant County Attorney Susan Prado presented the acquisition of property for

future right-of-way for intersection improvements from Cherry Lane Estates, Inc. of

Vero Beach, as contained in her memorandum dated April 21, 2022.

A motion was made by Vice Chairman Earman, seconded by Commissioner

Flescher, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0359

13.C.

Calcutta Drive Docks

Recommended Action:

The County Attorney’s Office recommends that that the Board increase the annual

license fee from $100 to $2,000 per year, for any new license agreements.

Additionally, the County Attorney’s Office recommends implementing a one-time

dock license transfer fee of $5,000. The County Attorney’s Office further

recommends that the license agreements be updated to include provisions relating to

the removal of the docks, five-year inspections, and termination for unpermitted work.

Attachments: Staff Report

Aerial of Docks

License Agreement Sample

County Attorney Dylan Reingold recapped the history of Calcutta Drive Docks

located on a County-owned road which runs parallel with a canal in the Country Club

Pointe subdivision. He continued, on May 6, 1985, the County adopted a policy

which allowed property owners in the subdivision to build docks along the County

road on a first-come, first served basis provided they entered into an agreement to

hold the County harmless for any or all damage. He continued that on February 5,

1991, the Board approved a license agreement for new applicants which included a

provision that if the property was sold, the buyer could assume the license within 90

days; if the buyer failed to do so, the dock would become the property of the County.

He concluded, on May 26, 1998, the Board passed Resolution 1998-58, delegating

the authority to the Community Development Director to execute license agreements

pertaining to transferring property utilizing County riparian land for docks within the

County Club Pointe Subdivision.

County Attorney Reingold stated there were presently 20 docks/spaces along

Calcutta Drive under various ownership scenarios: two (2) docks were

grandfathered; one (1) under indemnity certificate; and seventeen (17) with license

agreements. He added that three (3) of the docks with license agreements were in

disrepair, and he was currently communicating with two of the owners; there had been

no response from the third owner.

County Attorney Reingold pointed out that current agreements allowed the dock

license to be transferred upon the sale of the home to the purchaser of the home. He

suggested changing the transfer policy so that upon the home’s sale, the license would

be transferred to a homeowner on the wait list for dock space, thus opening

opportunities to more residents. The County Attorney's Office also recommended the

Board increase the annual license fee from $100 to $2,000 per year, and implement a

one-time dock license transfer fee of $5,000 to help provide resources to administer,

monitor, and maintain the docks. Additional recommendations included updating the

agreements as they turned over to reflect the new fees, as well as additional provisions

for removal, five-year inspections, and termination of dock licenses for unpermitted

work.

Commissioner Moss received confirmation from County Attorney Reingold that there

were 14 individuals on the waiting list for dock space, with the longest going back to

the year 2005. A discussion followed on the ownership of the docks with Attorney

Reingold pointing out the County owned the road and the riparian rights associated

with the road. His goal was to bring the owners of the docks into the license

agreements through termination or violations. Attorney Reingold, in response to a

question by Chairman O'Bryan, confirmed the County currently owned one of the

docks and it would be used to fulfill the waiting list. He noted that the proposed

agreement changes meant that if an individual were to sell his or her property, the

dock’s license agreement would be terminated and rights to the dock would then be

offered to the next person on the waiting list.

Chairman O'Bryan referred to the three docks currently in disrepair and opined

allowing additional time to the two responsive owners as long as they were

demonstrating progress, and thirty days (30) to the non-responsive owner. He said

going forward there should be flexibility for repair of the docks after a major event;

County Attorney Reingold stated he could add a force majeure clause to the license

agreement. Chairman O'Bryan supported adding 60 days to get into compliance for

general neglect of a dock, the annual license fee of $2,000, and the $5,000 transfer

fee.

The Chairman clarified for Commissioner Moss that currently a homeowner with a

license agreement who sells his house gives the buyer 90 days to sign their own

license agreement in order to keep the dock with the house. However, under the

proposed revisions to the license agreement, if an owner sells his home, the dock

license would be offered to the next person on the waiting list. County Attorney

Reingold responded to Vice Chairman Earman that Code Enforcement would

continue to monitor the other obligations listed in the license agreement.

Chairman O'Bryan opened the floor for discussion.

Ryan Bass thanked the Board for addressing the docks and discussed the liability for

the County with the number of docks in disrepair. He struggled to understand the

idea of County's assets adding property value to private property.

Bo Nestor questioned what information the Board used to base the significant

increase in the annual fees, and told of the number of docks falling apart.

A motion was made by Vice Chairman Earman, seconded by Commissioner

Flescher, to approve 1) the County Attorney to continue to work with the two

responsive owners to get their docks into compliance; 2) a thirty days’ notice to

the non-responsive owner, then termination; 3) increase the annual license fee

from $100 to $2,000 per year, for any new license agreements; 4) implement a

one-time dock license transfer fee of $5,000; 5) amend the license agreements to

include: a) a licensee’s dock in non-compliance from neglect would have 60 days

to come into compliance before termination; however, additional time would be

extended due to a force majeure event; and b) provisions relating to the removal

of the docks, five-year inspections, and termination for unpermitted work; 6) any

terminated docks would no longer be tied to a property, but instead would go to

the next person on the waiting list. The motion carried by the following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

22-0368

13.D.

Settlement of Lease Interest for Parcel 127 Tenant Amanda Tongay d/b/a Empire

Equine - 7905 66th Avenue

Recommended Action:

Staff recommends that the Board approve the proposed settlement of all claims and

costs of Amanda Tongay d/b/a Empire Equine in this law suit in the amount of

$15,000 and authorize outside counsel to proceed with preparation and execution of

the necessary court documents needed to settle the case and conclude the law suit.

Attachments: Staff Report

Parcel 127 Sketch and Legal Description

Deputy County Attorney William DeBraal presented the settlement of lease interest

for parcel 127 explaining the County purchased the property in July 2021, at which

time tenant Amanda Tongay occupied the property. He explained the County needed

to extinguish Ms. Tongay's lease-hold interest on the property, but only on a portion

that was purchased as right-of-way. According to eminent domain statutes, tenants

were entitled to notice and the opportunity to present a claim for potential damages,

including business damages. He discussed the County's responsibility under eminent

domain law and stated the County has been in contact with Ms. Tongay and Empire

Equine's Counsel Mickey Barkett of Barkett Law, P.A. and had arrived at a

settlement in the amount of $15,000. This settlement would release the County from

hiring experts to determine the damages to the lease.

A motion was made by Vice Chairman Earman, seconded by Commissioner

Adams, to approve staff's recommendation. The motion carried by the following

vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams, Commissioner

Flescher, and Commissioner Moss

14. COMMISSIONERS MATTERS

A. Commissioner Peter D. O'Bryan, Chairman

B. Commissioner Joseph H. Earman, Vice Chairman

C. Commissioner Susan Adams

D. Commissioner Joseph E. Flescher

E. Commissioner Laura Moss

15. SPECIAL DISTRICTS AND BOARDS

A. Emergency Services District

B. Solid Waste Disposal District

The Board of County Commissioners reconvened as the Board of Commissioners

of the Solid Waste Disposal District. The minutes will be approved at an

upcoming Solid Waste Disposal District meeting.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Solid Waste Disposal District Meeting Minutes of

March 15, 2022 and April 5, 2022, as written. The motion carried by the

following vote:

5 -

Aye:

Chairman O'Bryan, Vice Chairman Earman, Commissioner Adams,

Commissioner Flescher, and Commissioner Moss

22-0375

15.B.1

Approval of the SWDD Meeting Minutes of March 15, 2022

Approve

Recommended Action:

Attachments: 03152022 SWDD Draft

Approved

22-0376

15.B.2

Approval of the SWDD Meeting Minutes of April 5, 2022

Approve

Recommended Action:

Attachments: 04052022 SWDD Draft

Approved

22-0369

15.B.3

Change Order No. 1 to Agreement with Biogas Engineering for a High Pressure

Skid System

Recommended Action:

Solid Waste Disposal District (SWDD) staff recommends that its Board approve

Change Order No. 1 with Biogas Engineering to include a chiller in the fabrication

of the high-pressure skid system for a not-to-exceed cost of $292,570; and

authorize the Chairman to execute the same, after approval by the County

Attorney

Attachments: Staff Report

BGE Change Order No 1

Letter of Support from NED

There was no discussion regarding this item.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve staff's recommendation. The motion carried by the

following vote: