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, July 5, 2022

9:00 AM

Commission Chambers

1. CALL TO ORDER

4 -

Present:

Vice Chairman Joe Earman

Commissioner Susan Adams

Commissioner Joseph Flescher

Commissioner Laura Moss

1 - Chairman Peter O'Bryan

Absent:

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

THE ARMED FORCES

2.B. INVOCATION

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

3. PLEDGE OF ALLEGIANCE

Commissioner Joseph E. Flescher

4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

A motion was made by Commissioner Flescher, seconded by Commissioner

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

vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

5. PROCLAMATIONS and PRESENTATIONS

22-0530

5.A.

Presentation of Proclamation Honoring Jason Bourdette on his Retirement from the

Indian River County Sheriff's Office

Recommended Action:

Read and Present

Attachments: Proclamation

Mr. Jason Bourdette was joined by his family and co-workers as he accepted the

Proclamation in honor of his 25-year career with the Sheriff's Department. Sheriff

Eric Flowers along with Clerk of Circuit Court and Comptroller Jeffrey R. Smith

recognized Mr. Bourdette for his service to the Citizens of Indian River County.

Read and Presented by Commissioner Flescher

6. APPROVAL OF MINUTES

7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD

ACTION

22-0521

7.A.

Sebastian River Improvement District's Proposed Budget for Fiscal Year 2022-2023

(October 1, 2022 - September 30, 2023) is on file for review in the Office of the

Clerk to the Board.

Recommended Action:

Informational Item

No Action Taken or Required

22-0529

7.B.

Indian River County Venue Event Calendar Review

Informational item only; no Board action is required

Recommended Action:

Attachments: Venue Event Calendar

In Chairman O'Bryan's absence, Vice Chairman Earman highlighted the event

calendar pointing out the upcoming 2022 State of the County Luncheon and the

Florida Half Century Softball Tournament.

Vice Chairman Earman thanked Commissioner Flescher for handling business as he,

Commissioner Moss, Commissioner Adams, and Chairman O'Bryan attended the

Florida Association of Counties (FAC) Conference in June. He acknowledged

Commissioner Adams for receiving her County Commissioner II Certification, and for

being re-elected unanimously by District 29 to serve on the FAC Board of Directors;

Commissioner Moss and Vice Chairman Earman also had received their Advanced

County Commissioner Certification.

No Action Taken or Required

8. CONSENT AGENDA

A motion was made by Commissioner Flescher, seconded by Commissioner

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

following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

22-0481

8.A.

Checks and Electronic Payments for May 27, 2022 to June 2, 2022

Recommended Action:

Approve the list of checks and electronic payments issued by the Comptroller’s office

for the time period of May 27, 2022 to June 2, 2022.

Attachments: Finance Department Staff Report

Approved

22-0507

8.B.

Checks and Electronic Payments for June 3, 2022 to June 9, 2022

Recommended Action:

Approve the list of checks and electronic payments issued by the Comptroller’s office

for the time period of June 3, 2022 to June 9, 2022

Attachments: Finance Department Staff Report

Approved

22-0522

8.C.

Checks and Electronic Payments June 10, 2022 to June 16, 2022

Recommended Action:

Approve the list of checks and electronic payments issued by the Comptroller’s office

for the time period of June 10, 2022 to June 16, 2022

Attachments: Finance Department Staff Report

Approved

22-0531

8.D.

Checks and Electronic Payments June 17, 2022 to June 23, 2022

Recommended Action:

Approve the list of checks and electronic payments issued by the Comptroller’s office

for the time period of June 17, 2022 to June 23, 2022

Attachments: Finance Department Staff Report

Approved

22-0524

8.E.

First Renewal and Amendment to Award of Bid 2021047 - Annual Bid for Utility

Operations Warehouse Stock

Recommended Action:

Staff recommends the Board approve the requested amendments to the bid pricing

for Core & Main, LP and Ferguson Waterworks, and approve renewal of the award

for the first of the two available 12-month renewal terms.

Attachments: Staff Report

Approved staff's recommendation

22-0527

8.F.

Award of Bid 2022052 for Relocation of Fire Observation Tower

Recommended Action:

Staff recommends the Board award Bid 2022052 to Custom Welding Diversified,

Inc., approve the sample agreement, and authorize the Chairman to execute the

agreement after approval by the County Attorney as to form and legal sufficiency, and

receipt and approval of the required insurance by the Risk Manager.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

22-0528

8.G.

Award of Bid 2022047 - Replacement of 3 Sodium Hypochlorite Storage Tanks

Recommended Action:

Staff recommends the Board award bid 2022047 to Treasure Coast General

Contractors, LLC, approve the sample agreement, and authorize the Chairman to

execute the agreement after approval by the County Attorney as to form and legal

sufficiency, and receipt and approval of the required insurance by the Risk Manager.

Attachments: Staff Report

Sample Agreement

Approved staff's recommendation

22-0526

8.H.

Change Order No. 1, Indian River County Tax Collector’s Office Expansion,

IRC-2030

Recommended Action:

Staff recommends approving Change Order No. 1 authorizing the $91,157.40

increase to the contract with DHC and authorizing the Public Works Director to sign

Change Order No.1 on behalf of the Board. The new total contract price will be

$614,219.76.

Attachments: Staff Report

Change Order No. 1

Approved staff's recommendation

22-0537

8.I.

Amendment No. 1 to APTIM Work Order No. 2018008-03, Sebastian Inlet

Technical Advisory Committee Assistance

Recommended Action:

Staff recommends the Board of County Commissioners approve Amendment No. 1

to APTIM Work Order No. 2018008-3 in the amount of $7,620.00 for expanded

technical coastal engineering services associated with the support of the County’s

participation in the Sebastian Inlet Technical Advisory Committee. In addition, staff

recommends that the Board authorize the Chairman to execute Amendment No. 1 to

Work Order No. 2018008-3

Attachments: Staff Report

Amendment No. 1 to Work Order No. 2018008-3

Amendment No 1 to WO 2018008-03 Execution

Approved staff's recommendation

9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES

10. PUBLIC ITEMS

A. PUBLIC HEARINGS

22-0495

10.A.1.

Authorization to Submit Fiscal Year 2022 Application for Federal Transit

Administration Grants for Capital and Operating Assistance (Section 5307) and

Bus Replacement (Section 5339) [Administrative]

Recommended Action:

Staff recommends that the Board of County Commissioners adopt the resolution

authorizing the filing of the FY 2022 grant application for the Section 5307 and

Section 5339 programs.

Attachments: Staff Report

FTA Grant Application

Resolution

Grant Budget Form

Metropolitan Planning Organization (MPO) Director Brian Freeman, in a

PowerPoint presentation, discussed the partnership between Indian River County

(County), MPO, and the Senior Resource Association (SRA) in regard to the

County's public transportation system. He stated the Federal Transit

Administration's (FTA) Section 5307 (Urban Area Formula Grant) program

provides funding assistance for capital and operating costs associated with the

County's public transportation system. He indicated the GoLine (fixed route) and

the Community Coach (demand response) transit services were operated by the

SRA, noting GoLine was the most efficient transit system within the State.

Director Freeman mentioned the County also receives capital funding assistance

through the FTA's Section 5339 program used for the purchase of replacement

buses. He provided a breakdown of the funding for Section 5307 (Capital and

Operating) and Section 5339 (Bus Replacement) Grant Application in the amount

of $3,804,712, noting no local match was needed for FTA grants. He pointed

out that together Section 5307 and 5339 programs cover most of the capital

expenses associated with GoLine and Community Coach. He added the Section

5307 program covers approximately half of the operating costs of the

transportation system, with the remainder covered by the Florida Department of

Transportation grants and local funds.

Commissioner Flescher referred to the Operating Expense per Passenger Trip

Fixed Route and pointed out the operating cost for Martin County compared to

Indian River County. Director Freeman explained Martin County had a low

passenger ridership to the amount of money they were spending to run their public

transportation system.

Community Development Director Phil Matson indicated Martin County had

reached out to the County in regard to the GoLine system and structure. Director

Matson attributed the success of the County's transit system to the excellent

partnership with the SRA and the County's good traffic system design. He

mentioned the County's MPO was the Community Transportation Coordinator

(CTC) Coach for Martin County for their door to door system, but not their fixed

route system.

Vice Chairman Earman opened the public hearing.

Sebastian Councilmember Fred Jones stated he had the opportunity to ride the

GoLine to get a better understanding of how the system operated, and spoke

highly of the transit system.

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

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, to approve staff's recommendation and Resolution 2022-039,

authorizing the filing of applications for grant funding assistance from the

Federal Transit Administration. The motion carried by the following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

22-0520

10.A.2.

Consideration of Land Development Regulation (LDR) Amendments to Section

971.41 Modifying the Criteria for Accessory Dwelling Units (Legislative)

Recommended Action:

Staff recommends that the Board of County Commissioners adopt the proposed

accessory dwelling unit amendment ordinance.

Attachments: Staff Report

Draft PZC Minutes

Ordinance

Metropolitan Planning Organization (MPO) Director Brian Freeman referred to

the Land Use Visioning Study which took place last year, and he indicated one of

the issues raised through the visioning process was the need for affordable housing

in the community.

Director Freeman stated addressing the need for affordable housing entailed

multiple strategies, and he explained one strategy would be to modify the County's

regulations for Accessory Dwelling Units (ADUs). In his PowerPoint

presentation, he reviewed the key components and the definition of an accessory

single-family dwelling unit. He summarized the proposed amendments to Section

971.41 (10) of the Land Development Regulations (LDRs) and explained the

proposed code change increased the maximum size for ADUs to 50% of the

heated/cooled area of the primary residence or 1,000 square feet max and 1,200

square feet max for lots exceeding one acre in size. The LDR amendment

allowed for a second accessory dwelling unit, not to exceed 600 square feet in

size for parcels 200,000 square feet or larger. He reviewed the prohibitions being

added for ADUs which included no operation as a vacation rental; no commercial

use/home occupation; and no mobile homes or RV's.

Commissioner Moss received confirmation from Director Freeman that no

businesses could operate from ADUs.

Commissioner Adams sought and received information from Director Matson on

how the County would monitor ADUs from being used as short-term vacation

rentals. He indicated the County subscribed to a number of services used to

monitor short-term vacation rentals. He further explained the services reconciled

advertised listings for vacation rentals with the County's approved short-term

rental addresses, and any discrepancies were reported to code enforcement;

however, an ADU could be rented out long-term.

Vice Chairman Earman sought and received clarification from Director Matson in

regard to the two types of housing that could be put on a property, one being an

ADU for permanent occupancy or long-term rental, and the other type was a

guest cottage. He explained a person must sign a legal affidavit that the guest

cottage would be for intermittent use only. A discussion followed on the 600

square foot sized second dwelling for lots 200,000 square feet in size or greater.

Vice Chairman Earman opened the public hearing.

Mr. Kevin Beverly came before the Board to request a change in the LDR's that

would allow him to convert the mother-in-law suite/guest cottage located on his

property to an Airbnb or Vrbo. He verbalized his intent for the short-term rental

was for additional income to help him with medical expenses, as well as revenue

to the County, the restaurants, and the mom-and-pop businesses.

Community Development Assistant Director Andrew Sobczak confirmed Mr.

Beverly's unit was approved as a guest cottage and a document was filed in public

records signed by Mr. Beverly stating the unit could not be rented out for

commercial purposes.

Vice Chairman Earman relayed to Mr. Beverly, the issue did not pertain to the

public hearing and would need to be addressed under another matter or venue.

He suggested Mr. Beverly contact staff after the hearing to discuss the issue

further. Commissioner Adams sought and received confirmation from staff the

guest cottage could not be rented out; however, with the proposed amendments

to the LDRs, there would be an opportunity for Mr. Beverly to change his guest

cottage to an ADU, so it could be rented long-term.

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

A motion was made by Commissioner Adams, seconded by Commissioner

Flescher, to approve staff's recommendation and adopt Ordinance 2022-010,

providing for an amendment to Chapter 971, Regulations for Specific Land

Uses; by amending Section 971.41(10), Accessory single-family dwelling unit;

and by providing for repeal of conflicting provisions; codification;

severability, and effective date. The motion carried by the following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

B. PUBLIC DISCUSSION ITEMS

C. PUBLIC NOTICE ITEMS

22-0534

10.C.1.

Public Notice of Public Hearing for July 12, 2022, for Ordinance Amending

Section 204.06 (Definitions) and Section 204.13 (Terms of Conditions of

Franchises) of Part 1 (In General) of Chapter 204 (Solid Waste Disposal) of

Indian River County Code

Recommended Action:

For information only - no action required

Attachments: Staff Report

County Attorney Reingold read the notice into the record.

No Action Taken or Required

11. COUNTY ADMINISTRATOR MATTERS

22-0523

11.A.

Local Support Grants Program - Medical Examiner’s Facility

Recommended Action:

Staff recommends that the Board of County Commissioners authorize the Chairman

submit a letter of support for submission of this grant to St. Lucie County, and also

authorize staff to submit the Local Support Grant Attestation Form signed by the

County Administrator.

Attachments: Staff Report Local Support Grant

Draft Support Letter

Local Support Grant Attestation Form

County Administrator Jason Brown pointed out the District 19 Medical Examiner

serves a four-county region encompassing Indian River, Martin, Okeechobee, and St.

Lucie County. He indicated the Medical Examiner had identified deficiencies in the

current facility due to the growing needs of the four counties. He recalled that on May

3, 2022, the Board directed the County Administrator to enter into discussions with

the other counties to design and construct a new facility and submit requests for state

and federal funding. He indicated St. Lucie County would be leading the process to

submit a request for $1 million in grant funding from the Fiscal Year 2022-2023

General Appropriations Act for a Local Support Grants Program to cover 50% of the

$2 million cost for the Preliminary Design and Engineering (PD&E) Study for the

Medical Examiner's facility. He indicated the County planned to allocate $500,000 to

be funded from Optional Sales Tax, which would cover the County's portion of the

PD&E study even if the grant was not secured.

A motion was made by Commissioner Flescher, seconded by Commissioner

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

vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

12. DEPARTMENTAL MATTERS

A. Community Development

B. Emergency Services

C. General Services

D. Human Resources

22-0532

12.D.1.

First Amendment to SurgeryPlus Services Agreement Extending One Year

Introductory Rate of $3.00 Per Employee Per Month (PEPM) for the Upcoming

Plan Year

Recommended Action:

Staff respectfully requests the Board of County Commissioners approve the First

Amendment to the SurgeryPlus Service Agreement providing for an extension of

the Network Use Fee discount through September 30, 2023, and authorize the

Chairman of the Board to execute the Amendment.

Attachments: Staff Report

First Amendment to SurgeryPlus Agreement

SurgeryPlus Final Signed Agreement Effective July 1, 2021

Human Resources Director Susan Boyll came before the Board with an

amendment to the SurgeryPlus Services Agreement to extend the one year

introductory rate of $3.00 per employee, per month for the upcoming plan year.

She gave an overview of the supplemental benefit for non-emergent surgeries by a

national network of Surgeons of Excellence that have been credentialed by

SurgeryPlus. She indicated the network use fee would be increasing to $4.00 per

employee, per month after September 30, 2023.

A motion was made by Commissioner Adams, seconded by Commissioner

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

following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

E. Information Technology

22-0525

12.E.1.

Work Order No. 50 - Kimley-Horn and Associates, Inc. Engineering Design

Services - Administration Complex to EOC

Recommended Action:

Staff recommends approval of Work Order No. 50 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. 50 on their behalf for a lump sum amount of $210,050.00.

Attachments: Staff Report

Work Order 50 - Kimley Horn

Information Technology Director Dan Russell reviewed the information contained

in his memorandum dated June 1, 2022, regarding a work order for engineering

design services with Kimley-Horn to expand the County's fiber network facilities

between the Administration Complex and the Emergency Operations Center.

Commissioner Adams sought and received confirmation from Director Russell

that the work order was part of the broadband expansion discussed at the May 3,

2022 meeting. He also indicated it was for the request made by the Sheriff and

approved by the Board for access to the traffic cameras.

County Administrator Jason Brown stated the County was advancing the

expansion to complete the connection to provide access to the Sheriff's Office to

connect to the traffic cameras.

A motion was made by Commissioner Flescher, seconded by Commissioner

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

following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

F. Office of Management and Budget

G. Public Works

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

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.

22-0533

15.B.1.

Final Pay to Geosyntec for Work Order No. 15 - Indian River County

Construction and Demolition Debris Disposal Facility Permit Renewal Application

Recommended Action:

Solid Waste Disposal District staff recommends that its Board approve

Geosyntec Consultants, Inc.’s final invoice in the amount of $24,341.50

Attachments: Staff Report

Project Completion Report and Final Invoice

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:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

22-0535

15.B.2.

Approval of Fiscal Year 2023 Consumer Price Index Adjustment Request by

Atlas Organics

Recommended Action:

Solid Waste Disposal District staff recommends that the Board approve the

request for a 3.00% rate adjustment by Atlas Organics Indian River, LLC, and

authorize the County Adminstrator to take any necessary actions to effectuate the

change

Attachments: Staff Report

Rate Adjustment Letter Atlas Organics

In response to Commissioner Adams' inquiry on the recent Consumer Price Index

(CPI) Adjustment for WM Waste Management, County Administrator Jason

Brown confirmed WM Waste Management, Atlas Organics, and Republic

Services were entitled to the CPI adjustment which was part of their contracts.

A motion was made by Commissioner Adams, seconded by Commissioner

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

following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

22-0536

15.B.3.

Approval of 2023 CPI Adjustment Request by Republic Services

Recommended Action:

Solid Waste Disposal District staff recommends the following for Board review

and approval:

1. Approve the Calendar Year 2023 request for a 3.00%

Consumer Price Index rate adjustment by Republic Services of Florida, LP, to be

effective January 1, 2023, and authorize the County Administrator to take any

necessary actions to effectuate the change

Attachments: Staff Report

Rate Adjustment Letter Republic Services

There was no discussion regarding this item.

A motion was made by Commissioner Adams, seconded by Commissioner

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

following vote:

4 -

Aye:

Vice Chairman Earman, Commissioner Adams, Commissioner Flescher, and

Commissioner Moss

1 - Chairman O'Bryan

Absent:

C. Environmental Control Board