HomeMy WebLinkAbout09/18/2018 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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Meeting Minutes - Final
Tuesday, September 18, 2018
9:00 AM
Commission Chambers
Board of County Commissioners
Peter D. O'Bryan, Chairman, District 4
Bob Solari, Vice 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
Board of County Commissioners Meeting Minutes - Final September 18, 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
Stan Boling, Community Development Director
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved Item 9.A.: 19th Judicial Circuit Cynthia L. Cox, Circuit Judge: Award of
the 2018/2019 Alcohol and Other Drug Abuse Treatment Fund and Designation of
Indian River County's Problem Solving Courts as a Chosen Program Recipient, to
be heard after Item 4. Additions/Deletions to the Agenda/Emergency Items
Moved Item 14.13.1.: Anti -chaining Ordinance for Dogs and Cats, to be heard in
conjunction with Item 10.B.1. Request to Speak from Betsy Begens Regarding
Request for Anti -chaining Ordinance for Dogs and Cats
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
[Clerk's Note: Item 9.A. was heard prior to Item S. Proclamations and
Presentations]
5. PROCLAMATIONS and PRESENTATIONS
5.A. 18-2294 Presentation of Proclamation Honoring Cory Sanford Richter on His Retirement
From Indian River County Board of County Commissioners Department of
Emergency Services With Twenty -Five Years of Service
Attachments: Proclamation
Chairman O'Bryan presented the proclamation to Assistant Chief Richter.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Director of Emergency Services Tad Stone, along with the Commissioners and
staff, praised Chief Richter's dedication and contribution to the community.
Read and Presented
5. B. 18-2290 Presentation of Proclamation Designating September 17-21, 2018 as Industry
Appreciation Week in Indian River County, Florida
Recommended Action: Read and Presented
Attachments: Proclamation
Commissioner Flescher presented the Proclamation to Helene Caseltine, Director of
Economic Development for the Indian River Chamber of Commerce, who was
joined by a host of industry representatives.
Read and Presented
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 18-2287 Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the
Clerk of the Circuit Court prior to January 1, 2017 is on file in the Office of the
Clerk to the Board.
Recommended Action: Information Only
No Action Taken or Required
7. B. 18-2194 Proclamation Honoring James H. Hargreaves on His Retirement From Indian River
County Board of County Commissioners Department of Utilities Services
Wastewater Treatment Division with Twenty -Five Years of Service
Attachments: Proclamation
Chairman O'Bryan thanked Mr. Hargreaves for his service to the County.
No Action Taken or Required
7.C. 18-2310 Resolution Adopted by the Board of County Commissioners Addressing Biosolids
and Biosolids Applications
Attachments: Staff Report
Resolution No. 2018-084
No Action Taken or Required
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Board of County Commissioners Meeting Minutes - Final
8. CONSENT AGENDA
September 18, 2018
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. 18-2277 Checks and Electronic Payments August 31, 2018 to September 6, 2018
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of August 31, 2018 to September 6, 2018
Attachments: Finance Department Staff Report
Approved
8.B. 18-2305 County Capital Asset Inventories
Recommended Action: Approve the list of assets for removal from the inventory system
Attachments: Finance Department Staff Report
Approved
8.C. 18-2283 Second Amended and Restated Interlocal Agreement Medical Examiner District 19
Recommended Action: The County Attorney recommends that the Board approve the proposed Second
Amended and Restated Interlocal Agreement for the Medical Examiner District 19,
and authorize the Chairman of the Board to execute the proposed Second Amended
and Restated Interlocal Agreement and any documents necessary to effectuate the
Second Amended and Restated Interlocal Agreement.
Attachments: Staff Report
Second Amended and Restated ILA
Approved staffs recommendation
8.D. 18-2302 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice
Voucher Program
Recommended Action: Staff recommends the Board approve the resolution setting the Fair Market Rental
Rates for Fiscal Year 2019 and authorize the Chairman to execute the resolution on
behalf of the Board.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Attachments: Staff Reoort
Resolution
Approved Resolution 2018-085, approving payment standards for beginning Fiscal
Year 2019 for the Housing Choice Voucher Program.
8.E. 18-2271 Release of Retainage and Change Order No. 1 for CR512 Westbound Resurfacing
(Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US
1),IRC-1139
Recommended Action: Staff recommends approval of Change Order No. I and payment of Application for
Payment No. 8 to Timothy Rose Contracting, Inc. in the amount of $168,162.20 for
release of retainage.
Attachments: Staff Report
Timothy Rose Contracting. Inc. Application for Payment No. 8
Change Order No. 1
Approved staffs recommendation
8.F. 18-2276 Jones' Pier Conservation Area Public Use Improvements - Amendment Number 1 to
MBV Work Order #5 for Jones' Pier Conservation Area (FTC No.:05-039-FF)-New
Pavilion & Restroom Building Architectural Services
Recommended Action: Staff recommends approval of Amendment Number 1 to MBV Work Order #5 for
Jones' Pier Conservation Area (FTC No.: 05 -039 -FF) - New Pavilion & Restroom
Building Architectural Services.
Attachments: Staff Report
Addendum #1 to Work Order #5 Jones Pier Rev 1
Approved staff's recommendation
8.G. 18-2278 One -Year Extension of Telecommunications Systems Equipment, Material,
Supplies, Maintenance, and Installation Agreements (Bid 2017057)
Recommended Action: Staff recommends that the Board of County Commissioners approve the extension
of the Telecommunications Systems Equipment, Material, Supplies, Maintenance,
and Installation Agreements and authorize the Chairman to execute the extensions
after review and approval by the County Attorney as to form and legal sufficiency
and after any updated insurance has been received and approved.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Attachments: Staff Report
First Extension Danella, Inc.
First Extension DraftPros, Inc.
First Extension Gerelcom, Inc.
First Extension Universal Cabling Systems, Inc.
Approved staffs recommendation
8.H. 18-2281 27th Avenue at 21st Street SW Intersection/Signalization Improvements -Release of
Retainage and Change Order No. 1, IRC -1643
Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor's
Application for Payment No. 6 to Traffic Control Devices, Inc. in the amount of
$74,759.84 for final payment and release of retainage.
Attachments: Staff Report
Contractor's Application for Payment No. 6
Change Order No. 1
Approved staffs recommendation
8.1. 18-2282 Annual Renewals for Continuing Professional Surveying and Mapping Services
Firms, RFQ# 2016029, IRC -1605
Recommended Action: Staff recommends approval of the renewal agreements and fee schedules between
the County and the five (5) firms selected and requests the Board to authorize the
Chairman to execute the agreements.
Attachments: Staff Report
Carter Associates. Inc. Renewal Agreement and Fee Schedule
Kimley-Horn & Assoc. Inc. Renewal Agreement and Fee Schedule
Morgan Eklund, Inc. Renewal Agreement and Fee Schedule
Southeastern Surveying & Mapping Corp. Renewal Agreement and
Fee Schedule
CivilSury Design Group, Inc. Renewal Agreement and Fee Schedule
Approved staffs recommendation
8.J. 18-2284 Notice of Grant Application for FDEP FY 2018-19 Hurricane Irma Supplemental
Funding Requests
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Recommended Action: Staff recommends Board approval authorizing the County Administrator or his
designee to submit the FDEP FY 2018/2019 Hurricane Irma Supplemental Funding
request on behalf of the County.
Attachments: Staff Report
Supplemental funding application
Approved staff's recommendation
8.K. 18-2286 Termination of Bid 2018060 Annual Bid for Utilities Concrete Restoration and
Recommended action: Staff recommends the Board of County Commissioners terminate bid #2018060
with Professional Services Group, LLC, and authorize staff to rebid using different
line item pricing that is equitable to both the contractors and the County.
Attachments: Staff Report
Approved staff's recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A.1. 18-2183 19th Judicial Circuit Cynthia L. Cox, Circuit Judge: Award of the 2018/2019
Alcohol and Other Drug Abuse Treatment Fund and Designation of Indian River
County's Problem Solving Courts as a Chosen Program Recipient
Recommended action: It is recommended that for the fiscal year 2015/2019, the Indian River County
Board of County Commissioners designate the Indian River County's Problem
Solving Courts as a chosen program recipient to receive up to $25,000 from the
Alcohol and Other Drug Abuse Trust Fund for use for substance abuse treatment
and testing for the drug court, mental health and veteran treatment court
participants in Indian River County that are indigent
Attachments: Memorandum dated August 14, 2018
[Clerk's Note: This item was heard following Item 4. Additions/Deletions to the
Agenda and is placed here for consistency.]
Judge Cynthia L. Cox spoke of the numerous participants who benefited from the
recovery programs paid for by the Alcohol and Other Drug Abuse Treatment Fund
(the Fund). The Fund collects fines from drug offenses and uses it to offer
financial assistance for testing and treatment programs offered through Indian River
County's three problem solving courts.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Chairman O'Bryan stated support for the work of the courts and commented on the
financial status of the Fund.
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the request from Circuit Court Judge Cynthia L. Cox for the award of the
2018/2019 Alcohol and Other Drug Abuse Treatment Fund and designation of Indian
River County's Problem Solving Courts as a Chosen Program Recipient. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. 18-2273 Consideration of Land Development Regulation (LDR) Amendments to
Chapters 911, 912, 913, 914, 915, and 972 Regarding the Affidavit of
Exemption (AOE) and Final Plat Review and Approval Process, Master Lot
Drainage Plans for New Subdivision Projects, Affordable Housing Conceptual
Plans, Early Model Homes on Subdivision Construction Sites, and Medical
District Side Yard (Setback) Requirements (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners adopt all six
ordinances amending Chapters 911, 912, 913, 914, 915, and 972 of the County
land development regulations.
Attachments: Staff Report
Excerpt from Draft August 23, 2018 PZC Minutes
Resolution Establishing the Committee
Ordinance #1 -Affidavit of Exemption (AOE) Review and Approval
Process
Ordinance #2 - Final Plat Review and Approval Process
Ordinance #3 - Master Lot Drainage Plans for New Subdivision Projects
Ordinance #4 -Affordable Housing Conceptual Plans
Ordinance #5 - Early Model Homes on Subdivision Construction Sites
Ordinance #6 - Medical District Side Yard (Setback) Requirements
PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD.
Director of Community Development Stan Boling, with aid of a PowerPoint
presentation, highlighted components of the Land Development Regulation
amendments which included six (6) proposed ordinances. The ordinances
were based on recommendations from the Development Review and Permit
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Process Advisory Committee (DRPPAC) and each ordinance focused on a
specific step or process with the goal of solving problems and expediting
procedures.
Discussion ensued among Commissioners, staff, and Debb Robinson, Chair of
the DRPPAC, who sought to clarify questions regarding water access, the needs
of site contractors, and accountability for developer improvements. Praise was
given for the positive results that emerged from the collaboration between the
construction community and staff.
The Chairman opened the Public Hearing.
Joseph Paladin, Black Swan Consulting and Vice -Chair of the DRPPAC, spoke
in praise of the amendments and the Committee.
There being no further speakers, the Chairman closed the Public Hearing.
Staff noted that the DRPPAC would sunset after its final meeting in October
2018, unless the Board votes to extend it.
A motion was made by Commissioner Zorc, seconded by Commissioner
Flescher, to adopt the following Ordinances:
Ordinance 2018-017, concerning amendments to its Land Development
Regulations (LDRs); providing for amendments to Chapter 912, Single -Family
Development, and Chapter 913, Subdivisions and Plats; by amending Sections
912.06(1), Property "buildability"; determining if a parcel can be built upon;
913.06(4), Compliance required; and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
Ordinance 2018-018, concerning amendments to its Land Development
Regulations (LDRs); providing for amendments to Chapter 913, Subdivisions and
Plats; by amending Section 913.07(5)(A) and Section 913.07(6)(B) and Section
913.07(6)(D) and Section 913.07(6)(F)3 and Section 913.07(6)(F)7 and Section
913.07(6)(G) specifically; and Section 913.10 specifically; and by providing for
repeal of conflicting provisions; codification; severability; and effective date.
Ordinance 2018-019, concerning amendments to its Land Development
Regulations (LDRs); providing for amendments to Chapter 913, Subdivisions and
Plats; by amending Section 913.07(5)(B) specifically; and by providing for repeal
of conflicting provisions; codification; severability; and effective date.
Ordinance 2018-020, concerning amendments to its Land Development
Regulations (LDRs); providing for amendments to Chapter 914, Site plan review
and approval procedures; by amending Section 914.07, Administrative approvals
and modifications to approved site plans; and Section 914.14(4), Conceptual site
plans, submittal and informational requirements; and by providing for repeal of
conflicting provisions; codification; severability; and effective date.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Ordinance 2018-021, concerning amendments to its Land Development
Regulations (LDRs); providing for amendments to Chapter 972, Temporary Uses;
by amending Section 972.08(1), Specific uses, standards and requirements;
Chapter 913, Subdivisions and Plats; by amending Section 913.06(2),
Exemptions; and Chapter 915, Planned Development (P.D.) Process and
Standards for Development; by amending Section 915.05, Coordination with
other regulations; and by providing for repeal of conflicting provisions;
codification; severability; and effective date.
Ordinance 2018-022, concerning amendments to its Land Development
Regulations (LDRs); providing for amendments to Chapter 911, Zoning; by
amending Section 911.10, Commercial Districts Subsection (7) Size and
Dimension Criteria; and by providing for repeal of conflicting provisions;
codification; severability; and effective date.
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. 18-2274 Consideration of a Land Development Regulation (LDR) Amendment to
Chapters 911 and 971 Regarding the Review and Approval Process for Places
of Worship (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners: 1. Direct staff to
make any changes necessary to the proposed ordinance, and 2. By a vote of 4 or
5 BCC members set the second, final adoption hearing for the regular BCC
meeting of October 16, 2018 which is scheduled to begin at 9:00 AM.
Attachments: Staff Report
Excerpt from March 1, 2016 BCC Minutes
Excerpt from Draft August 23, 2018 PZC Minutes
LDR Section 971.05
Proposed Ordinance
Stan Boling, Director of Community Development, used a PowerPoint
presentation to provide background from the initial presentation that took place
on March 1, 2016. The proposed Ordinance would change the use
classification for places of worship from special exception use to an
administrative permit. The changes would streamline the review and approval
process by providing objective standards for location criteria as well as
eliminating the need for a public hearing.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, expressed concerns over the impact of
the changes.
There being no further speakers, the Chairman closed the Public Hearing.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve the proposed Ordinance with no changes. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
A motion was made by Commissioner Adams, seconded by Vice Chairman Solari, to
set the second, final adoption hearing of the proposed Ordinance for the regular BCC
meeting of October 16, 2018, which is scheduled to begin at 9:00 am. The motion
carried by the following vote:
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
B. PUBLIC DISCUSSION ITEMS
10.8.1. 18-2199 Request to Speak from Betsy Begens Regarding Request for Anti -chaining
Ordinance for Dogs and Cats
Recommended Action: No Action Required
Attachments: Reouest to Speak Form
pictures
[Clerk's Note: Item 14.B. I., Anti -chaining Ordinance for Dogs and Cats, was
heard in conjunction with this item. See Item 14.B.1. for further discussion
and vote.]
Betsey Begens, 3200 Eagle Drive, requested changes to the existing
anti -tethering ordinance in Indian River County. Ms. Begens presented photos
of chained dogs and highlighted sections of the current ordinance that she
described as vague or contradictory. She advocated for a simplified ordinance
similar to the one in effect for Seminole County.
No Action Taken or Required
10.6.2. 18-2214 Request to Speak from Evan Esposito, E.E. Solar, Regarding a Request that the
County Propose and Support Legislation on Solar and Green Energy for
construction and buses.
Recommended Action: No Action Required
Attachments: Request to Speak Form
Speaker not present
No Action Taken or Required
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
The Chairman called for a recess at 10:27 a.m., and reconvened the meeting at
10:39 a.m., with all members present.
10.B.3. 18-2262 Request to Speak from Fred Mensing Regarding All Aboard Florida / Brightline /
Florida East Coast Railway Railroad Crossings - Tunnels and Bridges
Recommended Action: Public Discussion Item -No Action Required
Attachments: Request to Speak Form
Fred Mensing, 4123 18th Place, addressed the Board regarding the impact to Indian
River County from a possible railway expansion by All Aboard
FloridaBrightline/Florida East Coast Railway. He urged the Commission to
conduct a study for improvements that may be needed at the County's railroad
crossings.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
10.C.1. 18-2309 Public Notice of Public Hearing Scheduled for October 2, 2018, to Consider
Adoption of a Notice of Intent to Affirm the Existence of a Recreational
Customary Use of the Beach on Private Property (Legislative)
Attachments: Staff Report
County Attorney Dylan Reingold read the Public Notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
11.A. 18-2312 Agreement for Sale and Purchase of Dodgertown Golf Course Property
Recommended action: Staff recommends the Board review the terms and timeline of the Agreement for
Sale and Purchase of the Dodgertown Golf Course Property and direct staff to
include any changes to the Agreement and authorize the Chairman to execute the
Agreement on behalf of the Board.
Attachments: Staff Report
Agreement for Sale and Purchase
Sketch & Legal re Aviation Blvd/43rd Ave ROW Roadway Project
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
County Administrator Jason Brown provided background on the proposed purchase
agreement for the Dodgertown Golf Course (the Property), located at the southeast
corner of Aviation Boulevard and 43rd Avenue.
Deputy County Attorney Bill DeBraal used a PowerPoint presentation to provide
details of the proposed purchase agreement for the Property including restrictions
and timelines. Attorney DeBraal confirmed to the Board that staffs
recommendation was to approve the agreement in order to meet the October 5,
2018 deadline for signatures by both the City of Vero Beach and the County.
In response to a request from the Board, Administrator Brown displayed and
discussed two ideas for the future of the Property. Chairman O'Bryan mentioned
the deed restriction against residential development and stressed the conceptual
nature of the ideas shown.
The following speakers addressed the Board:
Bob Johnson, Coral Wind Subdivision, received clarification regarding funding for
the purchase.
Dori Stone, President, Indian River Chamber of Commerce, provided a letter of
support on behalf of the Chamber for the County's purchase of the Property.
Joseph Paladin, Black Swan Consulting, supported the sale of the Property to the
County.
Fred Augenstein, 179 Caprona Street, presented ideas to preserve the legacy of the
Property.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the Agreement for Sale and Purchase of the Dodgertown Golf Course
Property with no changes. The motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Nay: 1 - Vice Chairman Solari
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emeraencv Services
C. General Services
12.C.1. 18-2275 Notice of Hazard Mitigation Grant Program Award (Hurricane Matthew) for
Oslo Riverfront Conservation Area
Recommended Action: Staff recommends authorizing the Chairman to execute the grant award contract
and to direct Budget Office to authorize $16,250.00 for the project from the
Native Upland Mitigation Fund; and, authorize the Chairman to execute the
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Grant Agreement and necessary forms attached to the grant contract, as
required.
Attachments: Staff Report
4283-40-R. Contract (8-20-18)
HMGP Grant Form for 09-18-2018
Beth Powell, Conservation Lands Manager, used a PowerPoint presentation to
show the scope of the Oslo Riverfront Conservation Area (ORCA). Photos
detailed the overgrown, hurricane -damaged vegetation and its potential fire
hazard. The Hazard Mitigation Grant Program funding would enable the
creation of a cleared zone to establish a firebreak between the ORCA and the
homes that abut it.
A motion was made by Vice Chairman Solari, 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
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
12.F.1. 18-2280 Arabella Reserve Developers Agreement
Recommended Action: Staff recommends the Board approve the Developers Agreement between the
County and GRBK GHO Arabella Reserve, LLC, funding in the amount of
$83,226.78, and authorize the Chairman to execute the Developers Agreement
on behalf of the Board.
Attachments: Staff Report
Developers Agreement w -Attachments
Director of Public Works Richard Szpyrka detailed the roadway improvements
that will be required of the developers of Arabella Reserve, a new subdivision
planned for the southeast quadrant of 49th Street and 58th Avenue.
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
The proposed Developer's Agreement would allow the County to partner with
the developer to obtain the necessary right-of-way and stormwater capacity in a
cost efficient manner.
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
C. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 18-2313 2019 Preliminary State Legislative List of Concerns
Recommended Action: The County Attorney's Office recommends that the Board discuss and adopt a 2019
preliminary legislative list of concerns.
Attachments: Staff Report
2019 Preliminary State Legislative List of Concerns
Assistant County Attorney Kate Cotner highlighted new and existing local
government policy issues in advance of the Florida Association of Counties (FAC)
Policy Conference taking place between September 26 and 28, 2018.
Commissioners sought and received recommendations on the best path forward in
the County's move to ban the use of biosolids, as well as hearing which policy
proposals had been submitted by the County to the FAC.
A motion was made by Commissioner Adams, seconded by Chairman O'Bryan, 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
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
B. Commissioner Bob Solari, Vice Chairman
14.8.1. 18-2304 Anti -chaining Ordinance for Dogs and Cats
Recommended Action: Discuss
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Attachments: Commissioner's Memorandum
Comments from Fellsmere Police Chief Touchberry
Anti -chaining Ordinance Seminole County
[Clerk's Note: This is a continuation of the discussion started under item
IO.B.1. Request to speak from Betsy Begens regarding request for anti -chaining
ordinance for dogs and cats.]
Vice Chairman Solari advocated for animal welfare by proposing a revised
ordinance that would incorporate suggestions from the community and wording
from the Seminole County ordinance.
Commissioners and staff entered into a discussion regarding the challenges of
better enforcement for existing provisions, the needs of animal owners, and
suggestions for simplifying the language of the existing ordinance.
Ilka Daniel, Director of Animal Protection for the Humane Society, provided
reasons to support adopting a simplified ordinance similar to Seminole
County's.
A motion was made by Vice Chairman Solari, seconded by Commissioner
Flescher, to direct staff to revise the existing Ordinance with input from the
community and to bring it back before the Commission for consideration. 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
D. Commissioner Joseph E. Flescher
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners for the Solid Waste
Disposal District. Those minutes will be approved at an upcoming Solid Waste
Disposal District meeting.
15.8.1. 18-2292 Second Amendment to Recyclables Transfer, Processing and Marketing
Agreement
Recommended Action: Staff is recommending that the SWDD Board approve and authorize the
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Board of County Commissioners Meeting Minutes - Final September 18, 2018
Chairman to sign the Second Amendment to Recyclables Transfer, Processing
and Marketing Services Agreement between SWDD and Tropical Recycling.
Attachments: Staff Report
Letter from Tropical Recycling
Second Amendment to Tropical Recycling Agreement
[Clerk's note: Commissioner Adams briefly exited the meeting prior to the vote
at 11: 58am and returned at 11:59 am.]
Utilities Director Vincent Burke thanked Mr. Brian Katz of Tropical Recycling
for a successful partnership in servicing the County's single -stream recycling
program. Director Burke also mentioned a future opportunity to align renewal
of the Tropical Recycling contract with the Waste Management contract
renewal.
A motion was made by Vice Chairman Solari, seconded by Commissioner
Flescher, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 4 - Chairman O'Bryan, Vice Chairman Solari, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Commissioner Adams
15.B.2. 18-2311 Eleventh Amendment to Republic Services
Recommended Action: Solid Waste Disposal District staff recommends that its Board approve the
Eleventh Amendment to Republic Services to provide additional services for
the non -Class 1 landfill services in response to any potential hurricanes, and
authorize the Chairman to execute the same, as presented.
Attachments: Staff Report
Eleventh Amendment to Republic Services Contract Agreement
Using a PowerPoint presentation, Director of Utilities Vincent Burke detailed
the Hurricane Preparedness Plan (Plan) developed by staff and Republic
Services. In an effort to manage the debris generated before and after a
hurricane, a rotating system for the closure and clean-out of the County's
Customer Convenience Centers and landfill was developed. Director Burke
went on to detail the cost and logistics of the Plan which were not part of
Republic Services' existing contract.
Vice Chairman Solari spoke favorably of the Plan and recommended beginning
a public awareness campaign to support it.
A motion was made by Vice Chairman Solari, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
Indian River County Florida Page 16
Board of County Commissioners Meeting Minutes - Final September 18, 2018
Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner
Flescher, and Commissioner Zorc
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:08 pm.
Indian River County Florida Page 17
Board of County Commissioners Meeting Minutes — Final
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: 174J4
eputy Clerk
BCC/RW/2018 Minutes
September 18, 2018
Peter D. O'Bryan, Chairman
Approved:
October 23, 2018
Indian River County Florida Page IS