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, April 12, 2022

9:00 AM

Commission Chambers

1. CALL TO ORDER

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

Pastor Jimmie Hill, Salt of the Earth Ministry

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph H. Earman, Vice Chairman

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

Prior to Meeting - Item 8.D. was deleted

Moved: Item 12.G. 3. to be heard prior to 12.G.1.

A motion was made by Commissioner Flescher, seconded by Commissioner

Adams, to approve the Agenda as Amended. 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

22-0215

5.A.

Presentation of Proclamation Designating April 12, 2022 as Equal Pay Day in Indian

River County

Recommended Action:

Read and Present

Attachments: Proclamation

A Proclamation was presented to Crystal Morris, Director of Public Policy, American

Association of University Women (AAUW), who was accompanied by her daughter

and members of the AAUW. She spoke on the purpose of the AAUW to promote

equity, education, and the development of opportunities for women and girls that

enable them to realize their full potential, and provided the statistics on women's

versus men's annual earnings.

Read and Presented by Commissioner Adams

22-0288

5.B.

Presentation of Proclamation Recognizing National Public Safety Telecommunications

Week - April 10 - 16, 2022

Recommended Action:

Read and Present

Attachments: Proclamation - Public Safety

A Proclamation was presented to the Indian River County Sheriff's Office Public

Safety Dispatchers. Sheriff Eric Flowers stated the dispatchers were the heartbeat of

the agency and expressed his respect for their work. He mentioned a program that

would provide mental health services for the employees at the Sheriff's Office.

Commissioner Flescher spoke of the critical role dispatchers play in keeping citizens

safe.

Read and Presented by Commissioner Flescher

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

8. CONSENT AGENDA

A motion was made by Commissioner Flescher, seconded by Commissioner

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

discussion. The motion carried by the following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0285

8.A.

Indian River County Clerk of Circuit Court and Comptroller, Jeffrey R. Smith:

Notice of Annual Comprehensive Financial Report and Popular Annual Financial

Report Completion for the Fiscal Year 2020-2021

Recommended Action:

Accept the reports

Attachments: Finance Department Staff Report

Clerk of the Circuit Court and Comptroller Jeffrey R. Smith provided a detailed

overview of the Annual Comprehensive Financial Report (ACFR) and the Popular

Annual Financial Report (PAFR). He was pleased to announce the County's handling

of Coronavirus Aid, Relief and Economic Security (CARES) Act and American

Rescue Plan Funds were done according to law and regulations.

Mr. Smith also presented a detailed review of the Popular Annual Financial Report

(PAFR), which contains an accessible summary of information from the ACFR. Mr.

Smith complimented Director of Management and Budget Kristin Daniels, Chief

Deputy Legal Ryan Butler, Chief Deputy Finance Elissa Nagy, and Senior Accountant

Raeanne Cone for their work on the reports, as well as the Clerk's Human Resources

Director Laura McIver for designing the PAFR.

The Commissioners stated their appreciation for Mr. Smith for providing the reports

as a service to the community.

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

Flescher, to accept the Annual Comprehensive Financial Report and Popular

Annual Financial Report for Fiscal Year 2020-2021. The motion carried by the

following vote:

5 -

Aye:

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

Flescher, and Commissioner Moss

22-0266

8.B.

Annual Financial Report

Recommended Action:

Approve the report and authorize Chairman to execute any related documents.

Attachments: Finance Department Staff Report

Approved

22-0252

8.C.

Approval of Renewal of a Class "B" Certificate of Public Convenience and Necessity

for Coastal Health Systems of Brevard, Inc.

Recommended Action:

Staff respectfully recommends that the Board of County Commissioners approve

renewal of the Class "B" Certificate of Public Convenience and Necessity for Coastal

Health Systems of Brevard, Inc., to be effective for a period of two (2) years from

May 4, 2022 to May 4, 2024.

Attachments: Staff Report

COPCN Renewal Application

Approved staff's recommendation

22-0272

8.D.

Delete item 8.D. - Approval of a Memorandum of Understanding between Humane

Society Vero Beach & Indian River County Florida, Inc., and the Indian River

County Board of County Commissioners

Recommended Action:

Staff is recommending the Board approve and execute the Memorandum of

Understanding for Animal Shelter Services between the Humane Society Vero Beach

& Indian River County Florida, Inc., and Indian River County Board of County

Commissioners.

Attachments: Staff Report

MOU for Animal Shelter Services

Deleted

22-0282

8.E.

Approval of Amendment No. 1 to Florida Department of Environmental Protection

Grant Agreement LPA0018 for Moorhen Marsh

Recommended Action:

Staff recommends that the Board of County Commissioners approve Amendment

No. 1 to Grant Agreement LPA0018 extending the terms of the grant to June 30,

2023 in order to allow for completion of construction for the Moorhen Marsh

LEAPSTM, and authorize the Chairman to execute Amendment No. 1

Attachments: Staff Report

LPA0018 - Amendment 1

Approved staff's recommendation

22-0289

8.F.

Addendum to RXBenefits Administrative Services Agreement - Amending the

Current Contract Period from 12 Months to 17 Months to Align with Annual Benefit

Renewals

Recommended Action:

Staff respectfully requests the Board of County Commissioners approve and authorize

the Board Chairman to sign the 2022 administrative services agreement addendums

with RxBenefits after review and approval by the County Attorney.

Attachments: Staff Report

2022 ASA Addendum Effective April 30,2022

2021 ASA Addendum effective October 1, 2021

2018 ASA Original Agreement effective May 1, 2018

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

22-0291

10.A.1.

Public Hearing for Amendment to Section 312.11 (Performance Security) of

Chapter 312 (Rights-of-Way) of the Indian River Code of Ordinances

Recommended Action:

Staff recommends the Board conduct the public hearing on the proposed

performance security ordinance amendment and approve the amendment with any

changes deemed necessary.

Attachments: Staff Report

Performance Security 312.11 Ammendment

PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE

OFFICE OF THE CLERK TO THE BOARD.

Assistant County Attorney Susan Prado recalled at the March 15, 2022 Board

Meeting, staff proposed a change to Section 312.11 (Performance Security) of

Chapter 312 (Rights of Way) of the Indian River Code of Ordinances (the

"Code"). She stated the proposed change would allow for the use of letters of

credit as security for work in the County right-of-way.

Chairman O'Bryan opened the Public Hearing. There being no speakers, the

Chairman closed the Hearing.

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, to adopt Ordinance 2022-005, amending Section 312.11

(Performance Security) of Chapter 312 (Rights-of-Way) of the Code of Indian

River County, to modify the types of allowable performance security;

providing for codification, conflict, severability, and an effective date. The

motion carried by the following vote:

5 -

Aye:

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

Commissioner Flescher, and Commissioner Moss

B. PUBLIC DISCUSSION ITEMS

C. PUBLIC NOTICE ITEMS

11. COUNTY ADMINISTRATOR MATTERS

12. DEPARTMENTAL MATTERS

A. Community Development

21-1036

12.A.1.

Redevelopment of Gifford Gardens (RFP 2021014)

Recommended Action:

In the interest of providing a redevelopment project for the Gifford Gardens

property that offers housing within the financial reach of the community members

which it intends to serve, and in line with the recommendations of the selection

committee and the AHAC, staff recommends that the Board of County

Commissioners reject the proposal from East to West Development Corporation

for the redevelopment of the Gifford Gardens site with single-family homes.

Following the April 27, 2022 AHAC workshop, staff will return to the BCC

with a summary of the workshop and a new RFP, as appropriate.

Attachments: Staff Report

Gifford Gardens Site Proposal

Assistant Community Development Director Andrew Sobczak, in a PowerPoint

presentation, went over the Request for Proposals (RFP) approved by the Board

to redevelop the Gifford Gardens Property, located at 4730 40th Avenue, with

affordable single-family housing. He indicated the only proposal received was

from East to West Development Corporation (East to West), a Non-Profit

Housing Provider. The proposal was for 17 new, three-bedroom single-family

homes that ranged in size from 1800 to 2000 square feet. He stated the

proposal was reviewed by the Purchasing Selection Committee using a set

evaluation criteria; however, the committee decided not to recommend award to

the sole proposer and it was rejected by the Affordable Housing Advisory

Committee (AHAC). He stated the AHAC planned to hold a workshop on April

27, 2022 to consider alternative options for affordable housing at the Gifford

Gardens property.

Assistant Director Sobczak, in response to a question raised by Commissioner

Moss on the project's infrastructure costs per unit as listed in the East to West's

memorandum, stated that staff would be looking at other options for cost savings

such as price points, aesthetics, different types of single-family housing, or

apartments.

Chairman O'Bryan acknowledged the memorandum from East to West handed

out to the Board prior to the meeting, a copy of which is on file in the Clerk to the

Board Office.

Commissioner Flescher spoke on the amount of involvement between the AHAC

and the community on the project and he wished the economic conditions were

different at this time, noting the increase in the price of materials.

The following people addressed the Board.

Anthony Brown talked about the importance of homeownership and wanted to

see affordable single-family homes on the Gifford Gardens Property.

Freddie Woolfork expressed the need for affordable housing in the County and

for the Board to help the residents find a way for homeownership. He did not

want the Board to allow the Gifford Gardens Property to become a rental place.

Joseph Paladin agreed that the Board should stay with single-family homes at the

Gifford Gardens Property and suggested lowering the square footage of the

homes.

Commissioner Flescher agreed with Mr. Brown and Mr. Woolfork and believed

there would be additional bidders for the project once staff redefined the

parameters for the RFP .

Vice Chairman Earman appreciated the work done by staff and agreed the Board

should strive for homeownership. Commissioner Adams stated at the AHAC

meeting, the members voiced their concern regarding the price of the houses being

too high, and the reason AHAC recommended the Board reject the proposal and

go back out for bid. She add the AHAC was committed to homeownership and

would be holding a workshop to look at other ways to lower the costs of the

project.

County Administrator Jason Brown indicated staff would explore various options

to lower the cost of the project geared toward homeownership. Commissioner

Moss opined the County should consider the Habitat for Humanity model to help

facilitate homeownership.

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

Earman, 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

B. Emergency Services

22-0286

12.B.1.

Amendments to Chapter 302 (Animal Control Ordinance) of the Indian River

Code of Ordinances

Recommended Action:

Staff recommends the Board authroize County staff to set a public hearing to

consider making technical changes to Chapter 302 of the Indian River Code of

Ordinances.

Attachments: Staff Report

Director of Emergency Services Tad Stone came before the Board to request

permission to move forward with advertising for a public hearing to consider

making technical changes to Chapter 302 (Animal Control Ordinance) under the

leash law in the Indian River Code of Ordinances. He explained the current code

placed cats and dogs under the same requirement of restraint or leash law and

County staff felt cats should be removed from the requirements of the code that

reference the restraint or leash law.

Chief Stone addressed Chairman O'Bryan's concern on what means of

enforcement would there be for individuals who let their cats roam freely. Vice

Chairman Earman turned to Chief Stone for further explanation of the reason for

the modification of the code to remove the requirements that reference the

restraint or leash law for cats. Chief Stone replied cat complaints took up a lot of

staff time and it was difficult to enforce. A discussion followed with hesitation

among the Board to remove cats from the requirements of the code that reference

the restraint or leash law. The Board welcomed Chief Stone to come back to the

Board if the issue became a burden for staff or with some type of wording which

included some type of enforcement.

Miranda Hawker, Health Officer for the Florida Department of Health in Indian

River County, indicated the ordinances were put in place for a reason and animal

control protects the public health. She expressed her concern on removing the

requirement for the restraint for cats, as it opened the door for free roaming cats

which could increase the public health risk for diseases.

Anthony Brown and Reverend McIntosh both spoke about a group over on the

barrier island who captures feral cats and has them spayed or neutered, then drop

them off in the Gifford and Wabasso areas respectively. They both invited the

Board to see for themselves.

Joseph Paladin spoke in favor of leaving cats in the requirements of the code that

reference the restraint or leash law.

Richard Baker, Pelican Island Audubon Society, appreciated the Board and the

Health Department's concern with keeping cats under the requirement of restraint

in the code; however, he preferred to use the word control instead of leash law.

He detailed the health reasons to keep cats under control.

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

Flescher, to deny staff's recommendation to proceed with a public hearing to

consider making changes to Chapter 302 of the Indian River Code of

Ordinances. The motion carried by the following vote:

5 -

Aye:

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

Commissioner Flescher, and Commissioner Moss

C. General Services

D. Human Resources

E. Information Technology

F. Office of Management and Budget

22-0280

12.F.1.

2022 Property/Casualty Insurance Program

Recommended Action:

Staff recommends that the Board approve the proposed renewal and authorize

staff to bind coverage for May 1, 2022 through April 30, 2023 with a current

annual premium of $3,162,269. The renewal premium is based on the current

schedule of values, coverage selections and includes the annual broker fee of

$175,000.

Attachments: Staff Report

AJG Executive Summary

Risk Manager Cynthia Stanton gave an overview of the County's Self Insurance

Funds Property and Casualty Insurance Program renewal with Arthur J. Gallagher

Risk Management Services, Inc. (AJG). She indicated there was an overall 14%

increase in the premium for the 2022 AJG renewal and summarized the lines of

coverage, limits and renewal costs, and highlighted the variables impacting the

renewal rates.

Vice Chairman Earman sought and received information from Ms. Stanton that

the increase to the Accidental Death and Dismemberment was due to the fact the

policy paid a statutory benefit in 2021 causing a loss to the carrier, and the

County's first responder exposure increased by 42% due to staff increases.

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

G. Public Works

22-0254

12.G.1.

Amendment No. 21 to Indian River County Civil Engineering and Land Surveying

Agreement for Bridge Replacements and Widening of 66th Avenue from South of

SR60 to North of 57th Street

Recommended Action:

Staff recommends the Board of County Commissioners approve Amendment No.

21 with Arcadis US, Inc. for lump sum amount of $55,000.00 and authorize the

Chairman to execute the amendment.

Attachments: Staff Report

Amendment No. 21 From Arcadis US, Inc.

[Clerk's Note: Item 12.G.1. was heard following Item 12.G.3.]

Public Works Director Rich Szpyrka referred to the staff memorandum dated

March 21, 2022, and indicated the agreement was an amendment for the redesign

of the 53rd Avenue Bridge over the Lateral A Canal to a Florida Department of

Transportation Standard Florida Slab Beam System.

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

22-0287

12.G.2.

Award of Bid No. 2022021, North County Library Expansion, IRC-2009

Recommended Action:

Staff recommends the project be awarded to Proctor Construction Co. in the

amount of $1,865,456.10. Staff further recommends the Board approve the

sample agreement and authorize the Chairman to execute said agreement after

review and approval of the agreement and the public construction bond by the

County Attorney as to form and legal sufficiency, and the receipt and approval of

required insurance by the Risk Manager.

Attachments: Staff Report

Sample Agreement

Public Works Director Rich Szpyrka referred to staff's memorandum dated April

4, 2022, on the Award Bid for the North County Library expansion, pointing out

the substantial cost difference between the Architect/Engineer's cost estimate and

the contractor's bid was due to the existing market conditions. He did confirm the

Architect/Engineer and staff had reviewed the received bid and found it to be

consistent with current market price.

A motion was made by Commissioner Adams, 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

22-0290

12.G.3.

Change Order No. 2 , 53rd Street over Lateral A Canal Bridge Widening,

IRC-1505

Recommended Action:

Staff recommends the Board approve Change Order No. 2, authorizing the

addition of 60-days of Contract time and additional funding in the amount of

$841,817.35. The new total contract amount will be $33,514,955.20.

Attachments: Staff Report - 53rd Street

Change Order No. 2

[Clerk's Note: Item 12.G.3. was heard before Item 12.G.1.]

Public Works Director Rich Szpyrka recapped a change order approved by the

Board on September 21, 2021, for a proposal to construct a five (5) lane bridge

section on 53rd Street over Lateral A Canal to accommodate future anticipated

traffic volumes instead of the original three (3) lane bridge proposed. He

indicated there were some issues with the cables snapping on the Post Tensioned

Prestress Bridge structures and requested approval to construct the widened five

(5) lane bridge using the new style structured design Florida Department of

Transportation Standard Florida Slab Beam system.

A motion was made by Commissioner Flescher, seconded by Chairman

O'Bryan, 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

H. Utilities Services

13. COUNTY ATTORNEY MATTERS

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