HomeMy WebLinkAbout06/19/2018 (4)Indian. River County Florida
Indian River County Administration Complex
1809 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
gGO
Meeting Minutes.- Final
Tuesday, June 19,2018.
9:00 AM
Commission Chambers
Board of .County Commissioners
Peter. D. O'Bryan, Chairman, District 4
Bob- Solari, V:ce Chairman, District 5
Susan Adams, District 1
Joseph E. Flescher, District 2
Tim Zorc, District 3
Jason E. Brown; County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Randi Wardlow, Deputy Clerk
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
1. CALL TO ORDER
Present: 5- Chairman Peter O'Bryan:
Vice Chairman Bob Solari
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Tim Zorc
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.B: INVOCATION
Deputy_Teddy Floyd, IRC Sheriffs Office
3. PLEDGE OF ALLEGIANCE
Dylan Reingold, County. Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved: Item 10.A.3. First Public Hearing to Consider Applying for a Community
Development Block Grant and Request for: Authorization to Proceed with . .
Consultant Selection.Process (Legislative) to follow Item 10.A.4. Public Hearing:
Amending Indian River Code Creating Chapter 31.8, Stormwater Discharge
(Legislative)
A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher,
to approve the. Agenda as.amended.: The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc,
5. PROCLAMATIONS and PRESENTATIONS
-6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOLMUNG BOARD
ACTION
7.A.. 18-1964 Proclamation Honoring Kenneth Campbell on His Retirement From Iridian River
County Board of County Commissioners Department of General Services
Recreation Division
Attachments: Proclamation
Chairman O'Bryan thanked Mr. Campbell for his service to Indian River County
and the community.
No Action Taken or Required
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Boardof County Commissioners Meeting Minutes - Final June 19, 2018
73. 18=1952
Indian River County Venue Event Calendar Review
Recommended Action:
This is an 'information item only; no Board action is required
Attachments:
Staff Report
No Action Taken or Required .
7.C. .: 18-1953
Notice of Application for Division.of Historic Resources Special, Category Grant
for the Roseland Community Building
Recommended Action:
No Board Action Required:
Attachments:
. Staff Report
A - Div Historical Resources Special Category Grant Application
No Action Taken or Required
7.D. 18-1972
Resignation of Joe Idlette, Jr., from the Community Development:Block Grant
Citizen Advisory Task Force.
Recommended Action:
For Informational Purposes.
Attachments:
Staff Report
Commissioner Flescher spoke in appreciation:of Mr. Idlette's work and announced
the vacancy on the Task Force. .
No Action Taken or:Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the Consent Agenda as presented. The motion carried by the following
vote:
Aye:
5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
8.A. 18-1951
Checks and Electronic Payments June 1, 2018 to June 7, 2018
Recommended Action:
Approve.th6 list of.checks and electronic payments' issued by the Comptroller's
office for the timeperiod of June 1, 2018 to June 7, 2018
Attachments:
Finance Department Staff Report
Indian River county Florida...
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Board of County Commissioners Meeting Minutes - Final June 19,2018
Approved
83. 18-1879
Approval of 2019 Holiday Schedule
Recommended Action:.
Staff respectfully requests the Board of County Commissioners approve the 2019
Holiday Schedule
Attachments:
Staff Report
Approved staffs recommendation
8.C. 18-1882
Consideration of New Five -Year Agreement between Indian River County and the
Senior Resource Association, Inc. for Provision of Public Transportation Services
Recommended Action:
Staff recommends that the Board of County Commissioners review.the proposed
Agreement for Provision of Public Transportation. Services between the County and
the Senior Resource Association, Inc., make any necessary changes, and authorize .
the Chairman to execute the agreement.
Attachments:
Staff Report
Agreement for Public Transportation Service
Approved staffs recommendation
8. D. 18-1913 _
Request for Authorization to Submit an Application for 49 USC CH. 53, Section
5311 Transit Operating Assistance Funds for FY 2018/19
Recommended action:.
Staff recommends that the Board of County Commissioners adopt the proposed..
resolution authorizing the filing of the FY 2018/19 Section 531.1 grant application.
Attachments::
Staff Report
Resolution
Section 5311 Grant Application
Budget Form
Approved Resolution 2018-054, authorizing the submission of.a FY 2018/19 grant
application for 49 USC CH. 53, Section 5311 Public Transit Operating Assistance.
.8.E. 18-1962.
Third Renewal.and Extension of a License Agreement for Security and Caretaker
Occupancy of the Ryall Tract of the South Prong _Preserve Conservation Area
Recommended action:
Staff recommends that the Board authorize the Chairman to sign the Third Renewal
and Extension.of License Agreement between Indian River County and the Deputy
to provide for the extension of the Agreement until June 2019.
Indian River County Florida
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
Attachments: Staff Report
Licence Agreement
Approved staffs recommendation
8.F. 18-1949 Work Order No. 7 - Morgan & Eklund, Inc., 2018 Beach Profile Monitoring
Surveys (SUMMER)
Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 7 to the
Professional Land Surveying and Mapping Services contract with Morgan and
Eklund, Inc. and authorize the Chairman to sign on:behalf of the County.
Attachments: Staff, Report
Morgan and Eklund. Inc. Work Order No. 7
Approved staffs recommendation
8.G. 1.8-1950 _ Amendment No. 1 - FDEP Grant Agreement No. 171R2, Wabasso:Beach
Restoration Project (Sector 3)
Recommended Action: Staff recommends the Board approve Amendment'No. 1 to FDEP Grant Agreement
No. 17182 and authorize the Chairman to sign on behalf of the County. Following .
Board approval, the County will transmit'the partially executed Amendment No. 1
to the State for final signatures. Upon receipt of the fully executed original from
the State, staff will transmit to the Clerk to the Board of County Commission for
recording.
Attachments: Staff Report
Amendment No. 1 to FDEP Grant Agreement 171 R2
Change Order No. 1 to Indian River County Grant Form No. 171R2
Approved staffs recommendation
8.H. 18-1955 Recommendation ofAward for Bid No. 2018056:.Archie Smith Fish House Dock
Restoration
Recommended action: Staff recommends that the Board of County Commissioners authorize award of the
bid to Indian River Docks, LLC in the amount of $186,925.00, and authorize the
Chairman to execute the sample agreement after review and approval by the County
Attorney as to form and legal sufficiency, after receipt and approval of the required
insurance by the Risk Manager, and after:'receipt and approval of the required
Public Construction Bond.
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
Attachments:
Staff Report
Minutes from 9/19/17 BCC Meeting
Indian River Docks, LLC Bid Sheet
CIE 5 -Year Budget Schedule Excerpt
Sample Agreement
Approved staffs recommendation.
&L 18-1956
Land Purchase - Future Expansion Owner: Norman R. Lamothe & Roberta F.
Lamothe 405 35th Avenue, Vero Beach, FL 32968
Recommended Action:
Staff recommends the Board approve the Purchase Agreement for 0.2 acres of
property located at 405 35th Avenue, Vero Beach, FL 32968, and authorize the
Chairman to execute the purchase agreement on behalf of the Board.
Attachments:
Staff Report
Purchase Agreement
Location Map
Approved staffs recommendation
8.J. 18-1961
Children's Services Advisory Committee's Funding Allocations for FY 2018-2019
Recommended Action:
Staff recommends approval of the CSAC's funding recommendations for FY
2018-2019.
Attachments:
Staff Report
2018-19 CSAC Recommended Funding
Approved staffs recommendation
8. K. 1.8-1966
Approval of Blue Goose Construction Work Authorization 20.18-003: "61 st Drive .
Water Main Replacement"
Recommended Action:
Staff recommends that the Board of County Commissioners approve Work
Authorization No. 2018-003 to retain Blue Goose Construction to construct the
water main replacement, and to authorize staff to direct. purchase related materials.
Indian River County Florida
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Board of County Commissioners Meeting Minutes -Final June 19, 2018
Attachments:
Staff Report
Cost Estimate - Labor & Material
Work Authorization No. 2018-003
Approved staffs recommendation
8.L. 18-1967
Approval of Blue Goose Construction Work Authorization 2018-004: 712th Avenue
SW Water Service Replacement"
Recommended Action:
Staff recommends that the Board of County Commissioners approve Work
Authorization No. 2018-004 and authorize the .Purchasing Division to issue a
purchase: order to retain Blue Goose Construction to construct the water service
replacement, and to authorize staff to direct purchase related materials.
Attachments:
Staff Report
Work:Authorization No 2018-004
Cost Estimate - Labor & Material
Approved staff's recommendation
8.M. 18-1963
IRC Courthouse - Proposed new Comcast ISP Service for WIFI And Cellular Signal
Extender
Recommended Action:
Staff recommends approval of the proposed conversion of the existing Florida BAR. .
Association 75 Meg IPS / public WIFI service at IRC Courthouse; to the new IRC:
250 Meg ISP / public WIFI service, at the greatly discounted rate. Staff
recommends the approval of the Florida BAR Associations offer to contribute
$125.00 per month toward the recurring monthly cost for this service for the
Courthouse.Staff recommends approval for the Public Works Director to sign the
agreement on behalf of the County.
Attachments:
Staff Report
Proposal -Agreement
Approved staffs recommendation
8.N. 18-1965
City Of:Vero Beach Appointment to TCRPC
Recommended Action:
Approve the request from Mayor Howle to approve. the appointment of
Councilwoman Moss to represent the City of Vero Beach on the Treasure Coast
Regional Planning Council.
Indian River County Florida
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
Attachments: Commissioner's Memorandum
TCRPC Appointment Approval Request
Approved staffs recommendation
8.0.. 18-1974 Request for Amended Access Easement to Datapath Tower LLC for former
Emergency Services Tower
Recommended Action: Staff recommends that the Board approve the easements to Datapath Towers, LLC
and authorize the Chairman to execute the easements on behalf of the Board.
Attachments: Staff Report
Exhibit Utility Equipment Easement
Exhibit B Special Warranty Deed for guy wires
Exhibit C New Access and Parking -Turnaround Easement
Exhibit D Utility Easement
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
PROOF OF PUBLICATION OF ADVERTISEMENTS FOR HEARINGS IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD.
10.A.1. 18-1867 Request by David J. Haeseler, Eve D. Haeseler, Nancy Ellen Casey, Trustee,
Florida Academy. of Impairment Ratings, Inc., and Kashi: Church Foundation,
Inc. for the Abandonment of Two Twenty Foot Wide Roadway Easements Over
Lots 1, 2, 3, and 4, POD G Village of Kashi PD [ROW -18-02-02 /
2008110007-80637] (Legislative).
Recommended Action: Based on the analysis, staff recommends that the Board of County
Commissioners abandon its rights as described in the resolution and authorize_
the Chairman to execute the abandonment resolution.
Attachments: Staff Report
Application with Cover Letter
Location Map
Page 3'& 6 of the Village of Kashi Phase 1A Plat
Abandommnet Resolution
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
Chief of Current Development, John McCoy, detailed the history of the
roadway easement for Lots 1-4 of the Village of Kashi, POD "G", through his
PowerPoint Presentation. He explained that the owners of the four (4) affected
lots were requesting that the County abandon right-of-way easements in order
to clear title-.
The Chairman opened the Public Hearing.
Charles McKinnon, Attorney with McKinnon and Hamilton; PLLC., appeared
on behalf of the petitioners and made himself available for questions.
There being no additional speakers, the Chairman closed the Public Hearing.
A motion was made by Vice Chairman. Solari, seconded. by Commissioner Adams,
to approve: 1) staffs recommendation; and, 2) Resolution 2018-055, providing for
the closing,: abandonment, vacation and discontinuance of a 40' roadway
easement Iying.20 feet on either side of the .common line between Lots 57 and.78
and the common line between Lots 56 and 79, section 28, Fleming Grant
according to the plat thereof, recorded in Plat Book. 1, page 175; Public Records .
of Brevard (now Indian River) County Florida, lying within Lots 1 through 4, POD
"G", Village of Kashi, PD, Phase 1A according to the plat thereof, as recorded in
Plat: Book 23; pages 100 through 106, of the Public Records of Indian River.
County, as described herein; said abandonment subject to retaining a drainage
easement. The motion carried by the following vote:
Aye: 5 - Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
10.A.2. 18-1954 Henry Collier and William Anderson's Request for Abandonment of a Portion
of 4th Street SW within the Waldo's Way Subdivision [ROWA-18-01-0I /
93090035-80435] (Legislative)
Recommended Action: Based on the analysis .provided in staff's report, staff recommends that the
Board abandon its rights to the subject right-of-way and authorize the chairman .
to execute the. proposed abandonment resolution, with the following conditions,
as addressed in the proposed abandonment resolution: 1. A 25 foot_ wide
drainage and utility easement shall be retained along the west end of the. subject
right-of-way. 2. A 25 foot wide drainage and utility easement shall be retained
along.the north: end of the subject right-of-way. 3. A 10 foot wide drainage and
utility easement shall be retained along the east end of the subject right-of-way.
Attachments: Staff Report
Application
Location Map
Aerial
Abandonment Resolution
John McCoy, Chief of Current Development, used a PowerPoint Presentation to
illustrate the location of the right-of-way which had been paved in anticipation of
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
future development, but was no longer needed. He added that the land would
revert back to the property owners while the County would retain drainage and
utility easements.
The Board sought and received information regarding the pavement and
easements on the right-of-way.
The Chairman opened the Public Hearing. There being no speakers, the
Chairman closed the Public Hearing.
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to.approve' 1) staffs recommendation; and 2) Resolution 2018-056
providing for the closing, abandonment, vacation and discontinuance of the
portion of 4th Street SW right-of-way lying west of 39th Court SW, south of Lot
15, Block A, and North of Lot 1, Block B of the Waldo's Way Subdivision as
shown in Plat Book 13, Page:11 of the Public Records of Indian River County, as
described herein; said abandonment subject to retaining several drainage and
utility easements. The motion carried by the following vote:
Aye: .5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
10.A.3. 18-1959 First Public Hearing to Consider Applying for a Community Development
Block Grant and Request for Authorization to Proceed with Consultant
Selection Process (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners: 1. Open the first
public hearing and obtain public input regarding the county's economic and
community development needs; 2. Provide direction to staff regarding pursuing
new CDBG funding; and 3. Authorize the Community Development Director to
issue an RFP to hire a.consultant to administer the: grant if:the grant is awarded.
Attachments: Staff Report
IRC CDBG Applications 1995-2017
Potential options by CDBG category .
FFY 2014 CDBG Awards - Florida DEO
(Clerk's Note: This item was heard following Item 1O.A.4. Public Hearing:
Amending Indian River Code Creating Chapter 318, Stormwater Discharge
(Legislative), and is placed here. for continuity.) .
Bill Schutt, Senior Economic Development Planner, used a PowerPoint
Presentation to summarize his June 12, 2018 Memorandum and provide an
overview of the Community Development Block Grant (CDBG) including past
projects, the application process, qualifications; and administration procedures.
An analysis of the three grant categories (Commercial Revitalization, Housing
Rehabilitation, and Neighborhood Revitalization) was presented along with
information on a stand-alone category, Economic Development.
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Board of County Commissioners Meeting Minutes -Final June 19, 2018
Chairman O'Bryan commented on the CDBG record-keeping requirements
which can raise costs and deter bids.: Sasan Rohani, Chief of Long Range
Planning, confirmed that the grants were paperwork intensive but worth
pursuing if there was a specific need.
The Chairman opened the Public Hearing.
Judy Orcutt, 4665 Pebble Bay South, questioned whether the CDBG could be
used for a neighborhood that needs septic to sewer conversions and. was advised
that the administration costs would be prohibitive.
Julianne Price, Health Department and Chair of the Affordable Housing
Advisory Committee, spoke in support of applying for funds under.the Housing
Rehabilitation category.
There being no additional speakers, the Chairman closed the Public Hearing.
Mr. Rohani and Mr. Schutt continued the presentation with the recommendation
from the Citizen Advisory Task Force Committee which had voted unanimously
to recommend pursuing a CDBG in the Housing Rehabilitation category. Staff
was instructed to choose a specific project for funding and to present it at the
next Public Hearing on July 10, 2018.
A motion was made by Vice Chairman Solari, seconded by Commissioner.
Flescher, to approve staffs recommendations with the direction to pursuea
Community Development: Block Grant in the: Housing Rehabilitation category.
The motion carried by the following vote:
Aye: 5r Chairman O'Bryan,. Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
Mr. Schutt then revisited the requirements for the fourth CDBG category, Economic
Development,: which could be applied for simultaneously with the Housing .
Rehabilitation Grant.
Chairman O'Bryan, along with staff, clarified that the CDBG funds could be
awarded as a loan or a grant depending on the project. The Chairman made
mention of the number of abandoned packing houses in the County which may be
candidates for an Economic Development loan.
A motion was made by Vice Chairman Solari, seconded by Chairman O'Bryan, to
authorize. staff to solicit a potential applicant for.the Economic Development category
of the:Community Development Block Grant program. The motion carried by the
following vote:
Aye: .5- Chairman O'Bryan, Vice. Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
10.A.4. 18-1968 Public Hearing: Amending Indian River Code Creating Chapter 318, Stormwater
Discharge (Legislative)
Recommended Action: Staff recommends the Board discuss the proposed ordinance, conduct a public
hearing on the, amendment to the IRC Code to prohibit illicit discharges into storm
sewers and adopt the. ordinance amendment with any changes deemed necessary..
Staff also recommends the Board approve the resolution amending the schedule of
penalties and authorize the chairman to execute the resolution on behalf of the
Board.
Attachments: Staff Report
Ordinance Amendment to Chapter 318
Resolution Amending Schedule of Penalties
Deputy County Attorney Bill DeBraal recapped the direction. given by the Florida
Department of Environmental Protection (DEP) to amend the County code to
prohibit illegal discharges into storm sewers. Using a PowerPoint Presentation,
Attorney DeBraal defined illegal discharges, illicit connections, and the schedule of
fines contained in the proposed Ordinance.
A discussion ensued among the Board and staff regarding fines for unintended
discharges into the system. Public Works Director Rich Szpyrka advised that fines
were the last resort, but were necessary and required by the DEP.
The Chairman opened the Public Hearing.
Todd Tardif, Senior Stormwater Inspector, addressed the Board in favor of the
Ordinance. Mr. Tardif explained that the fines would provide an additional method
to gain compliance from code violators, as well as deterring waterway pollution.
There: being no additional speakers, the Chairman closed the Public Hearing.
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, to
approve: 1) staffs recommendations; 2) adopt Ordinance 2018-015 establishing
Indian River County Code Chapter 318, adopting regulations for stormwater
discharge into public storm drainage systems, providing for codification; providing
for severability; and providing for an effective date; and 3) approve Resolution
2018-057 amending.the schedule of penalties and notificationtime frames for code
violations: set forth in Resolution No. 92=59, as amended by Resolution Nos. 95-62,
2013-089 and 2016-056, to include enforcement of illicit.stormwater discharge
regulations. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
& PUBLIC DISCUSSION ITEMS
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
10:6:1. 18-1958 Request to Speak from Deirdre King Regarding Failure to Enforce IRC Code
Recommended Action: No Action Required
Attachments: Request to Speak Form
Speaker was not present
No Action Taken or Required
10.6.2. 18-1957 Request to Speak from Ken Roberts, Pickleball University, Regarding
Dedicated Pickleball Facilities in Indian River County
Recommended Action: No Action Required
Attachments: Request to Speak Form
Ken Roberts, USA Pickleball Association Ambassador, presented information
about the popularity of pickleball in Indian River County.. He was seeking the
Board's assistance in securing a location in the County for additional Pickleball
courts.
The Board received information about the requirements and costs to create
additional courts. Chairman O'Bryan advised Mr. Roberts that the Board does
not take action on public discussion items; but invited him to meet and discuss
the matter further.
Commissioner Flescher suggested using the indoor courts. at the
Intergenerational Recreation Center, and asked Mr. Roberts for additional
information on the cost to convert existing tennis courts to pickleball courts at
South County Park.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
11.A. 18-1970 Resolution Granting Area of Operation Authority for the Escambia County Housing
Finance Authority to Issue Multifamily Housing Revenue Bonds to Finance a
Proj ect in Indian River County
Recommended Action: Staff recommends that the Board of County Commission adopt the resolution
granting area of operation permission to the Escambia County Housing Finance
Authority to undertake the financing through multi -family housing revenue bonds
for improvements in connection with the Taylor Pointe Apartments Project.
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Board of County Commissioners Meeting (Minutes - Final June 19, 2018
Attachments: Staff Report
Proposed Area of Operation Resolution
Taylor Pointe Application for Tax Exempt Financinq
County Administrator Jason Brown provided background on the mortgage
.programs handled by the Escambia County Housing Finance: Authority (the
Escambia Authority) within Indian River County. The Escambia Authority
received an application requesting the issuance of revenue bonds to finance. the
acquisition and'rehabilitation of the Taylor Pointe Apartments (formerly known as
.the Lindsey Apartments Phases I & II) in Indian River County. The Escambia
Authority is seeking Area of Operation permission from the Board as the first step
in their financing of the Taylor Pointe Apartments Improvement Project.
Randy Wilkerson from the Escambia Authority was present to answer any questions
. from the Board.
Chairman O'Bryan sought and received confirmation from staff that this project
would not require any financial commitment, debt, or obligation from Indian River
County.
A motion was made by Vice Chairman Solari, seconded by Commissioner Adams, to
approve: 1) staffs recommendation; and 2) Resolution 2018-058 approving Indian
River County as an Area of Operation for the Escambia County Housing Finance
Authority with respect to the financing or refinancing by the Authority of the
acquisition; upgrading, reconditioning, rehabilitating, improving and beautifying of a
multi -family: housing facility located in Indian River County; providing forrepeal of
conflicting provisions; and providing an effective date. The motion carried by the
following vote:
Aye: 5- : Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
12. , 'DEPARTMENTAL MATTERS
Prior to addressing Departmental Matters, Chairman O'Bryan suggested combining
all Agenda items regarding Biosolids into one combined discussion.
The Chairman called for a recess at 10:.13 a.m., and reconvened the meeting at
10:26 a.m., with all members present.
Vice Chairman Solari opened the Biosolids discussion by providing fundings from
the Regional Biosolids Symposium.. His discussion included a definition of
Biosolids, the lack of regulation. for Class B.Biosolids and reports of increased
contamination in Blue Cypress Lake. Currently, Indian River County allows Class
B Biosolids from other counties to be spread on farmland that is adjacent to the
Blue Cypress Lake. While there is not a proven link to the lake pollution and
Biosolids, the Vice Chairman sought to introduce actions that would eliminate
Class B Biosolids in Indian River County.
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Board of County Commissioners Meeting IMinutes -Final June 19, 2018
[Clerk's note: The motions'regarding Biosolids follow under Item 14.A.1. Study of
Biosolids Runoff in Blue Cypress Lake and Item 14.B.1. Blue Cypress Lake and
Biosolids.]
A. Community Development
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and_ Budget
F. Public Works
G: Utilities Services
12.G.1. 18-1971 Biosolids Technical Advisory Committee
Recommended Action: Staff is looking for direction from the Board of County Commissioners and
recommends nomination of a candidate with extensive knowledge in the subject
matter to represent Indian River County.
Attachments: Staff Report
Email dated June 12, 2018, from Michael Busha
Director of Utility Services Vincent Burke sought direction in reference to a
statewide request from the Florida Department of Environmental Protection
(DEP) for nominees to become members of their newly created Biosolids
Technical Advisory Committee (TAC).
Vice Chairman Solari expressed interest in being nominated to serve on the TAC,
citing his ongoing interest on this issue, and requested that the Board authorize a
letter of support from the Chairman on his behalf. Commissioner Adams
received clarification that both the nominations and the Board's support are open
to a cross-section of experts from our community, as well as other
Commissioners; the members of the TAC would be chosen by the DEP.
John Welch, Blue Cypress Lake, addressed the Board and received confirmation
that members of the public could be nominated and could receive a letter of
support from the Board.
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Board of County Commissioners Meeting;Minutes - Final June 19, 2018
A motion was made by Vice Chairman Solari, seconded by .Commissioner
Fleischer, to: 1) direct th;e County Administrator to nominate a staff member to be
considered for the Biosolids Technical Advisory Committee; and 2) direct the
Chairman to issue a letter of support for Vice Chairman Solari and others from
the community who wish to submit their name for nomination. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
14.A.1. 18-1969 Study of Biosolid Runoff in Blue Cypress Lake
Recommended Action: Request the Board consider funding a study to sample biosolid runoff in Blue
Cypress Lake.
Attachments: Com missioner's. Memorand Lim
Vice Chairman Solari led by stating the need to coordinate testing efforts from
the various agencies concerned with the health of Blue Cypress Lake (the
Lake), Chairman O'Bryan reported on his conversation with the Florida
Department of Environmental Protection (DEP) and their position that there is
not enough data to connect the Lake's increased nutrient levels to the land
application of Biosolids. The Chairman would like to introduce testing of
specific markers that would shed light on a human connection to the
contamination. Because the DEP could not provide a list of markers they
Would accept as proof of a Biosolids connection, the Chairman suggested
tabling the issue until the DEP provides more information.
Vice Chairman Solari suggested directing .staff to meet with the DEP and the St.
Johns. River Water Management District together to clarify what was currently
being tested and to use that information to create suggestions for new tests that
would conclusively determine a Biosolids link.
Richard Baker, President of the Pelican Island Audubon Society, reported on
newly observed algae blooms at Lake.
Bill. Menses, 1943 Tamara Trail, requested disallowing the distribution of
Biosolids in our community.
A motion was made by Vice Chairman Solari, seconded by Commissioner Zorc,
to direct staff to work with the Florida Department of Environmental Protection
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Board of County Commissioners Meeting Minutes - Final June 19, 2018
and St. Johns River Water Management District staff on the current testing, and
to identify what additional testing is needed to determine the source of pollution
in Blue Cypress Lake. The motion carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
B. Commissioner Bob Solari, Vice Chairman
14.6.1: 18-1960 Blue Cypress Lake and Biosolids
Recommended Action: Discussion
Attachments: Commissioner's Memorandum
Vice Chairman Solari pointed to the precedent of other Florida communities
that. have obtained legislative bans on applying Class B Biosolids to land
surroundingtheir water basins. . He would like to take steps to eliminate the
dumping or applying of Class B Biosolids in Indian River County, and
proposed several actions to address the issue.
Chairman O'Bryan addressed each of Vice Chairman Solari's proposed actions
individually, starting with the suggestion of declaring a State of Emergency and
moratorium on Class B solids.
Fire Chief Tad Stone, Emergency Services Director, provided confirmation that
a ban on Class B Biosolids could be achieved legislatively and without a
declaration of a State of Emergency.
Miranda Hawker, County Health Department Administrator, spoke regarding
the health risks of exposure to blue-green algae, and recommended avoiding
contact with it.
A discussion with staff ensued regarding whether a local government could ban
Class B Biosolids considering they are not regulated or protected, as are Class
AA and Class A. Concerns were raised: about exposure to lawsuits under the
Right -to -Farm Act, and staff was urged to keep working with the Department of
Environmental Protection (DEP) while pursuing legislation.
The following members of the community addressed the Board regarding a
moratorium on Biosolids:
Bob Bruce, 12396 Highway AlA
Donna Halloran, 925 Greenbriar Avenue
Billy Corrigan, Corrigan Ranch
Judy Orcutt, 4665 Pebble Bay South
Indian River County Florida Page 16
Board of County Commissioners
dinutes - Final June 19, 2018
Richard Baker, President of the Pelican Island Audubon Society, shared a video of
pollution at the Lake
Charles Blank, 21746 73rd Manor, Blue Cypress Lake
John Welch, Blue Cypress Lake, submitted water quality data from
LAKEWATCH
Barbara and Don. Burr, 21777 73rd Lane, Blue Cypress Lake
Jeannie Middleton, 21704 73rd Manor, Blue Cypress Lake
A motion was made by Vice Chairman Solari, seconded by Chairman O'Bryan, to
direct staff to draft an Ordinance and to schedule a Public Hearing to consider a
moratorium or prohibition on dumping Class B Biosolids in Indian River County.
The motion carried by the following vote:
Aye: 5 - Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
Chairman O'Bryan continued the discussion with Vice Chairman Solari's request
that the -Board authorize staff to prioritize work on Biosolids related issues for the
next legislative session, and asked for the Board to authorize any related
out -of -county travel for Commissioners and staff.
A motion was made by Vice Chairman Solari, seconded by Chairman O'Bryan, to -
make Biosolids a legislative priority and to authorize travel for Commissioners and
staff to attend any appropriate meetings as necessary. The motion carried by the
following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
Lastly, Vice Chairman :Solari spoke about his desire to reach out to all landowners
who are utilizing Class B Biosolids, to begin a dialogue on the effects of the
practice. He also requested the County Health Department's continuing assistance
and recommendations as related to the health impacts of Biosolids.
A motion was made by Vice Chairman Solari, seconded by Commissioner Flescher,
to direct staff to: 1) meet with :landowners and stakeholders; and 2) work with the
Department of Health as related to the Biosolids issue. The motion carried by the
following vote: .
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
C. Commissioner Susan Adams
14.C.1. 18-1946 Indian River Lagoon Master Plan
Recommended Action: For discussion.
Indian River County Florida Page 17
Board of County Commissioners Meeting{Minutes - Final June 19, 2018
Attachments: Commissioner's Memorandum
Save Our Indian River Lagoon - 2018 Project Plan Update
IRC Lagoon Projects
Referencing her June 1,3, 2018 Memorandum, Commissioner Adams introduced
the idea of creating an Indian River :Lagoon Master Plan to provide a
comprehensive overview of Lagoon -related improvement projects across all
agencies and organizations. Commissioner Adams requested $25,000 set aside
from the upcoming budget to create this resource.
Vice Chairman Solari suggested adding a new staff member who would be
dedicated to tying together information for the Lagoon Master Plan, as well as
tracking water improvement projects in the County. Commissioner Adams and
the Vice Chairman suggested follow up discussions to refine the details of the
new position.
A motion was made by Commissioner Adams, seconded by Vice Chairman Solari,
to add a County staff member whose priority would be the creation of an Indian
River Lagoon Master Plan. _ The motion carried by the following vote:
Aye: 5.- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
D. Commissioner Joseph E. Flescher
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
The Board reconvened as the Board of Commissioners of the Emergency Services
District. The minutes will be approved at an upcoming Emergency Services District
meeting.
A. Enimency Services District
15.A.1. 18-1947 Approval of Property Lease Extension for Temporary Location of Fire Rescue
Station. No. 7 (1893 90th Avenue)
Recommended Action: Staff Recommends approval of the second one (1) year lease extension..
Attachments: Staff Report
Fire Rescue Station T Lease Extension Agreement
A motion was made by Commissioner Flescher; seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5- Chairman O'.Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
Indian River County Florida Page 18
Board of County Commissioners Meet I ing Minutes — Final June 19, 2018
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptro ler
By:
D uty CI 010
Clerk
5:
BCC/RW/2018 Minutes
Peter D. O'Bryan, Chairman
Approved: , August 14.
Indian River County Florida Page 20