Loading...
HomeMy WebLinkAbout10/02/2018Indian River County. Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com 4 711,.: __Iik Meeting Minutes Final Tuesday, October 2, 2018 . 9:00 AM Commission Chambers Board 'of County Commissioners Peter.D. O'Bryan, Chairman, District 4 BobSolari, Vice Chairman, District 5 Susan Adams, District.I Joseph E. Flescher, District 2 Tim Zorc, District 3 Jason E. Brown,County Administrator Dylan Reingold, County Attorney JeffreyR. Smith, Clerk-of the Circuit Court and Comptroller: Maureen Gelfo,.Deputy Clerk Board of County Commissioners Meeting Minutes-Final October 2,2018 Attachments: Proclamation Vice Chairman Solari read and presented the proclamation to former Indian River County employee Jeanne Bresett, and County employees Maya Miller, Carmen Bedell,Amy Cosner,and Sharon Schalm. American Cancer.Society representative • Theresa Woodson announced the upcoming awareness event, Making Strides of Indian River. No Action Taken or Required 5.C. : 18-2314 Presentation of Indian River. County 2018 Annual Fire Management Report by Trevor Taylor, Forest Area Supervisor, Florida Forest Service Okeechobee District, Florida Department of Agriculture and Consumer Services. Recommended Action: Presentation only-No Action Required Attachments: Forest Area Supervisor Letter 07-20-18 2018 IRC Annual Fire Management Report Forest Area Supervisor.Trevor Taylor,Florida Forest.Service of the Department of Agriculture and Consumer Services,:presented the Annual Fire Management Report covering the period of July 1, 2017 through June 30, 2018. :He spoke to the reasons for the controlled burns as necessary to protect the forest resources. I No Action Taken or Required 6. APPROVAL OF MINUTES 7. *INFORMATION:ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING:BOARD. ACTION. 7.A.: 18-2332 Update on All Aboard FloridaNero Electric Expenses Recommended Action: NO Action Required Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses No Action.Taken or.Required 7.B. 18-2333 Indian River County.Venue Event Calendar Review Recommended Action: This is an informational item only;no.Board action is required. Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes-Final October 2,2018 1. CALL TO ORDER ROLL CALL Present: 5-1.Chairman Peter()Bryan Vice Chairman Bob Solari Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Tim Zorc 2A. A MOMENT OF SILENT:REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Pastor Chris Sloan, Good Shepherd Church of God 3. PLEDGE OF ALLEGIANCE: Commissioner Bob Solari,Vice Chairman 4.: :ADDITIONS/DELETIONS:TO THE AGENDA/EMERGENCY ITEMS Move Item 114.B.1. to coincide with Item I0.B.1. Move Item 14.R.1.:4!coincide with Item 10.B:2. A.motion was made by Commissioner Flescher;seconded by Commissioner Zorc,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 5.A. : 1 8-2322 Presentation of Proclamation Honoring the Month of October 2018 as National Domestic Violence Awareness Month. Recommended Action: Read arid Presented Attachments: Proclamation Commissioner Adams read and presented the Proclamation to Tom Mariwaring, who provided background on the SafeSpace organization:and its services. After. acknowledging the many community partners:who assist SafeSpace, Mr. Manwaring announced upcoming events and donation opportunities. SafeSpace. Board Members Major Eric Flowers,Karen Franke, and Kelly Holin were also m attendance. No Action Taken or Required 5.B. . 18-231.6 Presentation:of Proclamation Designating the Day; October 13, 20.1:8; as Breast Cancer Awareness/Wear Pink Day in Indian River County; Florida Recommended Action: Read arid Presented. Indian_River County Florida Page 1 Board of County Commissioners Meeting Minutes-Final - October 2,2018 Attachments: Event Calendar No Action Taken or Required 8. _ CONSENT AGENDA A motion was made by Vice Chairman Solari,seconded by Commissioner Adams,to approve the Consent Agenda as amended, pulling Item 8.N.for discussion. The motion carriedby the following vote: Aye: 5- Chairman O'Bryan,Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc 8.A. 18-2317 Checks and Electronic Payments September 7,2018 to.September 13, 2018 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 7, 2018 to September 13,2018 Attachments: Finance Department Staff Report Approved 8.B.: 18-2328 Checks and Electronic Payments.September:14, 2018 to September 20, 2018. Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 14,2018 to.September 20,2018 Attachments: Finance Department Staff Report: Approved 8.C. 18-2174 Blanket Travel Authorization for Commissioners, County Officers,and Staff .. : for Fiscal Year 2018/2019 Recommended Action Approval is recommended.for Commissioners, County Officers, arid:Staff to:travel out of county:for current and future assigned committee meetings; Florida Association of Counties, National Association of Counties, and local.or.regional. legislative conferences or.programs; approved:lobbying efforts including travel to Tallahassee when necessary, and All Aboard Florida meetings or hearings during the 2018/2019 Fiscal Year. Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes-Final October 2,2018 Attachments: Staff Report Approved staff's recommendation 8.D. 18-2285 Out of County Travel to Attend 2019:Governor's Hurricane : Conference - May 12-17, 2019 RecominendedAction: Approval for Commissioner and staff to attend the 2019 Governor's Hurricane Conference Attachments: Staff Report 2019 Governor's Hurricane Conference Information Page 2019 Governor's Hurricane Conference Reason for Attendance Registration Form . Approved.staffs recommendation 8.E. 18-2184 Authorization to Attend FGFOA and GFOAAnnual Conferences and FGFOA School of Government Finance Recommended Action: 'The County Administrator is hereby confirming authorization to attend the 2018 FGFOA School of Governmental Finance; the 2019 GFOA Annual Conference; the 2019 FGFOA Annual Conference; and the quarterly meetings of the Treasure Coast Chapter of the Florida Government Finance Officers Association. Attachments: Staff Report Approved staffs recommendation 8.F. 18-2303 Approval for Renewal of E911 Recording Equipment and Software Maintenance Contract Recommended Action: Staff recommends the Board approve the E911 Recording Equipment and Software Maintenance Agreement with HigherGround Inc. Attachments: Staff Report HigherGround Maintenance Quote Summary FY 2018-2019 HigherGround Maintenance Agreement Approved staffs recommendation Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes-Final October 2,2018 8.G. 148-2307 Approval of FY 2018/2019 and 2019/2020 Radiological Emergency Preparedness Agreement(REP Grant) Recommended Action: Staff recommends the Board approve the FY 20182019:and FY 2019/2020 Radiological Emergency Preparedness Agreement as:noted above and authorize the Chariman to execute the necessary documents.. . Attachments: Staff Report IRC Budget Form FPL&Indian River County Agreement Approved staffs recommendation 8.H.: 18-2315 Consideration of the Indian River County Transit Development Plan (TDP) Major Update ecomrnen aAction: Staff recommends that the Board of County Commissioners approve the Transit Development Plan. . Attachments: Staff Report Transit Development Plan on file in BCC Office Transit Development Plan Approved staffs recommendation 8.1. 18-2319 Blue Cypress Lake.Road Culvert Replacement Release of Retainage and Change Order No. 1; IRC-1758 Recommended Action: Staff recommends approval of Change Order No. 1:and payment of Application for Payment No. 2 to Hinterland Group, Inc. in the.amount of$4,654.00 for release of retainage. . Attachments: Staff Report Contractor's Application for Payment No.2 Change Order No. 1 Approved staffs recommendation . .. 8.J. 18-2325 Mediated Settlement; Rodney Morton Recommended Action: In keeping with administrative policy, staff now requests Board approval of this settlement in the amount of:$75,000.00. Payment will be made from the Self Insurance Fund. Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes-Final October 2,2018 Attachments: Staff Report Approved staffs recommendation 8.K. 18-2331 David Middleton and Jennifer Saraceni's Request for Release of Easements at 1005 Clipper Road (Castaway Cove) RecommendedAction: Staff recommends that the Board,through adoption of the resolution, approve release of the rear yard planting easement portion and utility easement described in the resolution: Attachments: Staff Report Maps Depicting Easements Proposed Resolution Releasing Easement(s) Approved Resolution 2018-099; releasing easements(or portion thereof)on Lot 96; Castaway Cove Subdivision. • 8.L. 18-2336 West Wabasso Phase II Septic to Sewer Approval of IRNEP Funding Agreement RecommendedAction: Staff recommends approval of the Indian River National Estuary Program Grant Agreement No. IRL2018-01 arid requests the Board of County Commissioners to authorize the Chairman to execute the same on their behalf Please note that if, during the procurement process,bids are much higher than the engineer's opinion of probable cost, the County has the option to close the agreement early without addressing any construction.: .The early:closeout of the agreement would be brought as a new item to the board at that:time. Attachments: Staff Report IRNEP Standard Grant Agreement Grant Form Approved staffs recommendation 8.M. 18-2338 Indian River County Library System Fellsmere Library Project Recommended Action Staff respectfully recommends that the Board of County Commissioners conceptually approve the Indian River County Library System opening of the Marian Fell Library Fellsmere Branch fora two day a week service, and direct the County Attorney's Office to prepare an agreement under the general terms outlined Indian River County Florida _ Page 6 Board of County Commissioners Meeting Minutes-Final October 2,2018 herein and return it to the Board for final approval following execution by the City of Fellsmere. Attachments: Staff Report Approved staffs recommendation 8.N. 18-2342 Habitat Conservation Plan --Amendment No. 1 Recommended Action: Staff recommends the Board approve the amended version of the HCP and authorize the Chairman to sign on behalf of the County.:: Following Board approval, the Countywill transmit the partially executed Amendment to the US Fish and Wildlife Service. Upon receipt of thefully executed original Amendment from the USFWS, staff will transmit to the.Clerk to.the Board of County Commission for recording. Attachments: Staff Report Resolution Natural Resources Manager James D. Gray provided background on the County's Habitat Conservation Plan(HCP) for the protection of sea turtles. He stated that Environmental Specialist.Kendra Cope and other coastal staff have been working with the U.S. Fish and Wildlife Service to update the document, arid clarified that an update to staffs recommendation had been made to include a Resolution approving Amendment#1 to the HCP A motion was made by Commissioner Adams,seconded by Commissioner Flescher, to approve: (1)staffs recommendation; and (2) Resolution 2018-100,approving Amendment#1 of the Habitat Conservation Plan for the protection of sea turtles on :. the County's beaches. The motion carried by the following vote: Aye: 5- Chairman O'Bryan,Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc 8.0: 18-2343 . Indian River County Grant Contract Subrecipient Award Senior Resource Association Recommended Action: Approve the Indian River County Grant Contract Subrecipient Award agreement with the Senior Resource Association and execute any related documents Attachments: Finance Department Staff Report. Subrecipient Grant Agreement SRA . . Approved staffs recommendation 8.R 18-2346 Award of Bid 2019006 -Annual Bid for Sulfuric Acid Recommended Action: Staff recommends the Board award bid 2019006 to Shrieve Chemical Company and Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes-Final October 2,2018 authorize the Purchasing Division to issue blanket purchase orders to the recommended bidden Staff also recommends the Board authorize the Purchasing Manager to renew this bid for two (2) additional one(1).year periods subject to satisfactory performance,vendor acceptance; and the determination that renewal of this annual bid is in the best interest of Indian River County.. Attachments: Staff Report Approved staffs recommendation 8.Q:_ 18-2347 Indian River County- Indian River Land Trust Oyster Bar Marsh Trail Easements RecommendedAction: The County Attorney's Office recommends that the Board vote to approve the easement and authorize the chair to execute anyand all documents necessary to effectuate the easements. Attachments: Staff Report Easement from IRLT to County Easement from County to IRLT Approved staffs recommendation 8.R. 18-2354 Osprey Marsh One-Year Compliance Maintenance:Contract with.G.K, Environmental, Inc. Recommended Action: :Staff recommends approval.of Work Order No.:1 authorizing the mentioned : professional services fora lump sum amount of$18,425.00 to GK. Environmental, Inc. Attachments: Staff Report - Work Order No 1 for GK Environmental Approved staffs recommendation 8.S. 18-2348 Eight Month Renewal of Lease for North County Offices Recommended Action: Staff recommends the Board approve the lease renewal rate as:proposed for the North County Offices and authorize the Chairman to execute the Lease Renewal Agreement. Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes-Final October 2,2018 Attachments: Staff Report Renewal of Lease Agreement Approved staffs recommendation 8.1 18-2355 Request for Ratification FDLE FY17 Edward Byrne Memorial Justice (JAG) Grant. . . Recommended Action: Staff recommends that the Board of County Commissioners ratify the Chairman's action in executing the Certificate of Participation Attachments: Staff Report JAG FY 2017 Certificate of Participation Approved staffs recommendation 8.U. 18-2356 Miscellaneous:Budget Amendment 016 . Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2017-18 budget Attachments Staff Report Resolution Exhibit"A"BA 016 Approved Resolution 2018-101,amending the Fiscal Year.2017-2018 Budget. 9. CONSTITUTIONAL OFFICERS"and GOVERNMENTAL AGENCIES 9.A.1. : :18-2329 : Presentation:by Jeffrey R. Smith, Indian.River County Clerk:of the Circuit . Court and.Comptroller, of the Certificate of Achievement for Excellence in Financial Reporting Award for the FY 2017 Comprehensive Annual Finance Report (CAFR) and Outstanding:Achievement Award for Popular Annual Financial Reporting(PAFR)for the FY 2017. PAFR, to the Finance : : Department of the Indian River County Clerk of Court and Comptroller's: Office from the Government Finance Officers Association of the United States and Canada (GFOA) Recommended Action: Presentation Only-No Action Required Clerk of the Circuit Court and Comptroller Jeffrey R. Smith announced the awards from the Government.Finance Officers Association of the United States and Canada GFOA) for: (1)the Certificate of Achievement for Excellence in Financial Reporting Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes-Final October 2,2018 Award for the Fiscal Year 2017 Comprehensive Annual Finance Report(CAFR); and 2)the Outstanding Achievement Award for Popular Annual Financial Reporting PAFR)for the Fiscal Year 2017 PAFR. Mr. Smith mentioned that this is the 35th consecutive year that the County has earned the Excellence in Reporting Award on the CAFR, and the third successive year that the County has earned the Outstanding Financial Achievement Award for the PAFR(a new report). He thanked the Finance Director Elissa Nagy, Senior Accountant Raeanne Cone, StaffAccouintant Michelle King, and Finance and County Budget staff for their work on the reports,and recognized the positive working relationship between the County Administrator and Clerk's offices; County Attorney Dylan Reingold thanked Mr. Smith for helping to foster the great working relationship between County and Clerk of Court staff. Chairman O'Bryan commented favorably on the PAFR. 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. 18-2358 Notice of Intent to Affirm the Existence of a Recreational Customary Use on Private Property (Legislative). RecoinmendedAction: Staff recommends that the Indian River County Board of County Commissioners open the public hearing,take evidence as to the customary use of the beach, close the public hearing and adopt a formal notice of intent to affirm the existence of a recreational customary use in the area at issue. Staff also recommends that the Indian River County Board of County Commissioners direct the County Attorney's Office to file a Complaint for Declaration of Recreational Customary Use in circuit court, and direct the .. County Attorney's Office to notify all interested parties of the Complaint for Declaration.of Recreational Customary Use. Attachments: Staff Report Draft Formal Notice of Intent PROOF OF:PUBLICATION IS ON FILE.IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Dylan•Reingold provided background on the Customary.Use Doctrine,wherein the Florida courts recognize the public's right,through custom,to access dry sand areas of privately owned portions of a beach. Florida Statutes Section 163.035 establishes a process for a governmental entity to adopt a formal Notice of Intent to Affirm the Existence of a Recreational Customary Use(the Notice) on private property. If the Board decidesto adopt the Notice,the County must also file a Complaint for Declaration of Recreational Customary Use in Circuit Court. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes-Final October 2,2018 Natural Resources Manager James Gray,withthe aid of a PowerPoint Presentation, displayed:a map showing an area north of Wabasso Beach Park; in the Summerplace Subdivision,where"No Trespassing" signs have been installed by the property owner. He displayed slides from the 1930's to.the present, showing the historical use of the Wabasso beach area for recreational activities, and relayed that restricted beach access limits public use of beaches, impedes sea turtle monitoring, and impacts the beach nourishment for Sector 3. Mr. Gray affirmed that he customarily observes people using the beach, and that he has never before seen'a private property owner restrict public beach access. Coastal Division.Environmental Specialist Kendra Cope,:who manages the. County's Habitat Conservation Plan:for sea turtles, affirmed that she,too, sees people frequenting:the beach site. Ms. Cope confirmed that in her experience, she has never before observed a private property owner restrict public beach access. Mr. Gray read testimony that had been submitted from Summerplace residents Crary Lauer,Walter Garrard, and Gary Fox, asking tokeep the beach accessible to all. He advised that staff's recommendation was:for the County to proceed following the public hearing),with the Notice of Intent to Affirm the Existence of a Recreational Customary Use (the Notice of Intent), and to file the Complaint for Declaration of Recreational Customary.Use. Discussion:ensued,wherein Mr. Gray confirmed that when beach renourishment.. was done in 2009 at the subject area, all of the property owners at that time signed off on temporary construction easements,which remain in effect. : The Chairman opened the public hearing. The following speakers from Summerplace provided testimony supporting public beach access: Dr. Philip R. Glade,who was accompanied:byCarol Glade, 1851 Pebble Path Patty Girard, 1960:West Shell Lane Walter Girard, 1960 West Shell Lane John Lehnhardt, 1991 West Barefoot Place Dr. Micae ax There were no additional speakers, and the Chairman closed the public hearing. A motion.was made by Commissioner Flescher,seconded by Commissioner Zorc,to.approve.staffs recommendation,with fundingprovided to the County Attorney's office in an amount up to$50,000 for any court-related costs. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes-Final October 2,2018 Attorney Reingold suggested including in the Notice of Intent,the additional recreational uses of beach access for surfing and skinboarding, sea turtle monitoring; fishing, enjoying the shade from the erected seawall, and exercising. Additionally,he wanted to include the testimony proffered at today's meeting from Dr. Glade,Walter and Patty Girard, Molly Segal, and John Lehnhardt, with regards to customary use of the beach. Commissioner Flescher confirmed he would amend his Motion accordingly.. An amended motion was made by Commissioner Flescher,seconded by Commissioner Zorc,to approve staff's recommendation, modifying the Notice of Intent:to Affirm the Existence of a Recreational:Customary Use to include the additional recreational uses of surfing and skin boarding;sea turtle monitoring, fishing, enjoyingtheshade of the erected seawall,and exercising; and adding the testimonies of Dr. Philip Glade,Walter and Patty Girard, Molly Segal,and John Lehnhardt to the evidence:supporting the Notice of Intent;with funding provided to . . the County Attorney's office in an amount up:to$50,000 for any.court-related:costs. 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 10.6.1. 18-2337 Request to Speak from Ron Edwards, President Evans Properties, Inc, Regarding a Request:for a Letter of Support Addressed to•the Governing:Board of the South Florida Water Management District for Evans Properties' Scott & Bluefield Dispersed Water Projects Recommended Action: Public:Discussion Item-No Action Required Attachments: Request to Speak Form Dispersed Water Proiect slideshow Ron Edwards,President of Evans Properties, Inc; (Evans).provided background and analysis on two dispersed water projects known as the Bluefield Northern Everglades Public Private Partnership (NE PPP), and the Scott Northern : Everglades Public Private Partnership (NE PPP). He stated that the proposed water projects would be a quick way to revitalize the Indian River Lagoon, and the projects would reduce the run-off going into the Lagoon from the C-23, C-24, and C-25 canals by approxiiiiately 25%. Vice Chairman Solari asked about Evans Properties,Inc.'s experience with : water projects. Mr. Edwards advised that Evans has been involved with water projects since the concept of water farming was introduced, and that they have been working on the currentproposed projects for three years.: Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes-Final October 2,2018 A brief discussion ensued about project costs,nutrient loads, and rainfall retention capacity. Commissioner Zorc commended Mr. Edwards on his perseverance and financial commitment to the projects. Clerk's Note:Please see Vice Chairman Bob Solari's Item 14.B.1. Evans Properties Dispersed Water Projects,for the Board's action on this matter). No Action Taken or:Required 1.0.B.2..:18-2349 Request to Speak from Franklin (Trip) Snelson, United Against Poverty, Regarding-New UP Center Project Update Recommended Action: Public Discussion Item-No Action Required Attachments:. Request to Speak Form Franklin Snelson,United Against Poverty(UP),used a PowerPoint Presentation to describe how UP helps people achieve economic self-sufficiency.: He stated that due to a successful fund-raising campaign,.: UP has been able to purchase a new larger facility to expand services and provide space for collaborating partners. Mr. Snelson advised that UP has submitted a grant application for a Florida Department of Economic Opportunity's (DEO) Job Growth Grant which would allow UP to finish . repurposing its new building, and asked if the Board would support the grant application. Clerk's Note: Please see Commissioner Zorc's Item 14.E.1. United Against Poverty(UP)Request for Grant Funding from the Florida Department.of Economic Opportunity[DEO]). C. PUBLIC NOTICE ITEMS 10.C:1. 18-2323 .Notice of Scheduled Public Hearing for October 16, 2018: Second Hearing for Adoption 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: This notice of public hearing is provided for the Board's information.No action is needed at this time: Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes-Final October 2,2018 County Attorney Dylan Reingold read the notice into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 11.A. 18-2344 Update Historic Dodgertown Recommended Action: Review and Discuss Staff Update. Attachments: Staff Report County Administrator Jason Brown reported that the City of Vero Beach(the City) has received the County's proposed contract for purchase of the 35-acre parcel of land known as Dodgertown Golf Course, as well as documents containing prospective plans for the property, and information on existing economic development. He informed the Board that per the Florida Statutes, two appraisals have been obtained on the property;:both were valued in excess of the County's proposed purchase price of$2.4 million. Chairman O'Bryan calculated that based on data from the Treasure Coast Sports Commission, about$15 million is spent annually in relation to Historic Dodgertown. It was noted that Chairman O'Bryan and Administrator Brown would beattending the City of Vero Beach Council Meeting occurring later that afternoon to see what the City will decide regarding the prospective sale of the Historic Dodgertown parcel. No Action Taken or Required 12.: DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club . 3. Recreation Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes-Final October 2,2018 D: Human Resources E. Office:of Management and Budget F.. Public Works 12.F.1. 18-2334 Waterway-Village Second Amendment to the Amended.Developer's Agreement Recommended Action: Staff recommends the Board approve the Waterway Village Second Amendment to the Amended Developers Agreement, approve-funding in the amount of 231,311 for the reimbursement of design costs for the County segment of 58th Avenue, and authorize the Chairman to execute the Developers Agreement on behalf of the Board. Attachments: Staff Report Waterway Village Second Amendment Kimlev-Horn Proposal Design-58th Ave Widening : Kimlev-Horn 30%Probable Construction Cost • 58th Ave Widening Conceptual.Plan Graphic Director of Public Works Rich Szpyrka provided background on the Waterway Village Development:of Regional Impact(DRI) development Order that was approved by the.County in 2004, and•the Amended Developer's Agreement with Divosta Homes,:L.P. that was approved by the.County in_2010,.pertaining to the widening of 58th Avenue. He gave a detailed synopsis of the.proposed Second Amendment to the Developer's Agreement,which will provide for an expansion. of the.58th Avenue widening project with associated intersection improvements, and noted that the Developer would also be undertaking the design,permitting, and construction of the County's portion of the project,which:will occur just south of the Indian River Farms North Relief Canal to 57th Street. •Director Szpyrka recommended that the Board approve.the Second Amendment to the Developer's Agreement, and responded to the Board's questions regarding the roadway improvements. Clerk's Note: It was noted in staffs report that Pulte Homes,Inc.-, is now the project developer).. .. A motion was made by Commissioner Adam's,seconded by Commissioner Zorc, 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 G Utilities Services Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes-Final October 2,2018 12.G.1. 18-2353 Comprehensive Water, Wastewater,and Reclaimed (Reuse) Water Rate Study; and Water and Sewer Impact Fee Study Recommendations Recommended Action: Below is a summary of the key components ofthe proposed rate recommendations: Part I Rates:- Modify the billing tiers from four tiers to three tiers; Present the billing charge and service availability fee as one line item on the bill; Maintain the currentbulk sewer rates; Modify the reclaimed water rate to reflect the disposal rate of$0.21.per 1,000 gallons; Maintain the current Sludge rate of$15.00 per wet ton; Modify the billing to reflect usage to the nearest 100 gallons rather than 1,000 gallons; Modify :the water service connection:fees as proposed; Modify the meter installation fees as proposed; and, Implement changes to go into effect on March 1, 2019. Part II- Impact Fees - Maintain the current impact fees of $1,300 per ERU for water and 2,796 per: ERU for sewer. Schedule - Staff recommends conducting a rate study within the next five years or by 2024.to evaluate the financial stability of theutility after the remaining bond obligations are satisfied, to ensure rate equity for all customer classifications and to capture the changing dynamics of the utility system. Attachments: Staff Report. Comprehensive Water,Wastewater and Reclaimed Water Rate Study Water and Wastewater Impact Fee Study Proposed Rate Schedule Director of Utility Services Vincent Burke-recalled the Board's approval.on December 20, 2016 of several items related to the North County Septic to Sewer(S2S)Phase 1 Project He continued that on July 18, 2017,the Board approved for Raftelis Financial Consultants, Inc. (Raftelis)to undertake an updated Utility Rate study and a Water and.Wastewater Impact Fee study. Director Burke announced that Utility Finance Manager Cindy Corrente would be distributing updated information on Engineering Service and Inspection Fees and.a Consumer Price Index Increase, and introduced Raftelis consultants Mike Rocca and Robin Chacko. Principal Consultant Mike Rocca made use of a PowerPoint Presentation to provide an in-depth overview of (1)the Water and Wastewater Impact Fee Study; and(2)the Comprehensive Water,Wastewater, and Reclaimed Water Rate Study Questions were raisedand comments made by the Board about Level of Service LOS) standards for potable water/wastewater; flow data;unsound irrigation practices; high water consumption; conservation-based water/wastewater pricing;reclaimed water;funding for.Repair and Replacement(R&R); and moving towards an Advanced Metering Infrastructure(AMI). Indian River County;Florida Page 16 Board of County Commissioners Meeting Minutes-Final October 2,2018 The Chairman.called a recess at 12:52 p.m., and reconvened the meeting at 1:06 p.m.;with all members present. Mr. Rocca discussed the objectives of developing a Uniform Septic to Sewer Policy. After:a lengthy discussion, a consensus was reached among all parties to have the benefitting property owners contribute a minimum of 20% of the cost of a septic to sewer conversion. _ To incentivize_owners to connect tosewer,the County could provide a credit of 100% of the wastewater impact fee when a single family property owner commits to connect prior to service availability at the site, or a credit of 50% if a property_owner commits to connecting within one year of wastewater service availability. Recommendations made by Mr. Rocca included: Current impact fee schedule: Retain at this time Current impact fee allocations for water/wastewater treatment/transmission: Adjust : Water Billing Charge: Eliminate/Incorporate into Service Availability Charge Inflow&Infiltration New Surcharge(I&I): Impose on faulty wastewater systems Board adoption of rate structure modifications and rate adjustments: Target Date March 1, 2019 Utility rates and policies: Re-evaluate every 3 to 5 years(Board consensus was to have Utilities Services decide when a rate study is warranted) Miscellaneous Service Charges: $62.00 per page(staff recommends retaining the current rate of$150.00 for the Utility Construction Permits) Meter Replacement Charge: Eliminate Water Service Reconnection Charge Eliminate Turn-Off/Turn-On New Service Charge of$182:00 (staffproposes a charge of 75.00) Bob Adair requested that the Board explore the expansion of reclaimed water for both irrigation and agricultural purposes. The Board consensus was for staff to return to the Board on November 6,2018 with more information. . A motion was made by Commissioner Flescher,seconded by:Commissioner Adams, to table Item 12:6.1. Comprehensive Water,Wastewater,and Reclaimed (Reuse) Water Rate Study,and Water and Sewer Impact Fee Study Recommendation,to the Board of County Commission meeting of November 6,2018. The motion carried by the following vote:. Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes-Final October 2,2018 Aye: 5- Chairman O'Bryan,Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc . 1'2.G.2. 18-2352 Reserve Accounts Recommended Action: A summary of the recommendations contained herein is listed below: 1. Modify County Code to allow for the refund of impact fees paid, if such request is made within twenty-four months of the purchase of_ the Equivalent Residential Units (ERUs). It is recommended that this modification become effective January 1, 2019; 2. Modify County Code to allow for the relinquishment.of ERUs purchased during one of the voluntary assessment programs provided that the property remains undeveloped and/or service is not available within two hundred feet of:the parcel. Such relinquishment shall: include a refund of any impact fees paid only if service is unavailable within 200 feet of the property Accounts shall be brought current before allowing any such relinquishment; 3. Modify County Code to allow for the relinquishment:of ERUs purchased at any time if the buildout of the property under the current comprehensive plan does not allow:for utilization of all ERUs:affiliated with the 'property. Unless the ERUs were purchased within the past twenty-four months,,relinquishment shall riot include a refund of impact fees. Accounts shallbe brought:currentbefore.allowing.any such relinquishment; 4. Modify County Code .to accommodate. the County..reclaiming any ERUs wherein twenty-four:months of service availability fees are past due; 5. Modify County Code to provide a 90-day amnesty period that also provides the property owner an opportunity:to relinquish ERUs upon the account becoming current; and, 6. Direct staff to research the logistics of foreclosing on properties that 'have excessive accounts receivable balances. Attachments: Staff Report Resolution No.87-142 A motion was made by Vice Chairman Solari,seconded by.Commissioner Zorc, to table Item 12.G.2. Reserve Accounts,to the November 13,2018 Board of County Commission meeting. Themotion carried by the following vote: Aye: 5- Chairman O'Bryan,Vice Chairman Solari, Corrimiss ionerAdams, Commissioner Flescher, and Commissioner Zorc 12.6.3.18-2351 Uniform Septic to Sewer Policy Recommended Action: Staff recommends the Board of County Commissioners create a septic to sewer policy and direct staff to: Require benefiting property owners to .pay a minimum of 33% of project costs; Solicit alternative funding options, which include various grants, to cover the remaining project costs; Use optional sales tax dollars as needed, not to exceed 25% of project costs; Establish a S2S financing interest rate to be the greater the maximum of either 2%or half Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes-Final October 2,2018 of the current BCC approved rate. Current rate is 5% so the S2S rate would be 2.5%; extend the amortization period from ten years:up to 20-year term and direct staff to work with the Indian River County Tax Collector to add the annual assessment -fee to theproperty. tax bill in order:to assure: a more consistent reimbursement cash flow for the project; and, Offer.a S2S impact fee credit of 100%for those property owners who commit to connect to the sewer system before sewer is available to the property. For those property owners that connect within one year from service availability,provide a credit of 50%of the impact fee. . : . Attachments: Staff Report Clerk's Note: This item was discussed in conjunction with Item 12.G1. Comprehensive Water, Wastewater and Reclaimed(Reuse) Water Rate Study, and Water and Sewer Impact Fee Study Recommendation, and is placed here: for continuity). A motion was made by Commissioner Flescher,seconded by Commissioner Adams,to table Item 12.6.3:Uniform Septic to Sewer Policy to the Board of County Commission meeting of November 6,2018. The motion carried bythe following vote: Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc. 13. COUNTY ATTORNEY MATTERS 13.A. 18-2345 All Aboard Florida Fees RecommendedAction: The County Attorney's Office recommends that the Board approve a budget amendment of$92,500 to cover the September Bryan Cave invoice;the lobbying through January 31,2019 and the costs of a potential oral argument in the federal litigation. Attachments: Staff Report County Attorney Dylan Reingold provided background On the County's All Aboard Florida account,which was created to protect the Countyagainst the All Aboard Florida(AAF) High Speed Rail Project. He stated that:AttorneyBryan Cave was hired as outside counsel,that the County's final papers for the federal litigation have been filed, and that AAF:will be filing its papers on October 5,2018. Vice Chairman Solari made mention that full community support has been' evidenced in his-(Vice Chairman Solari's)talks on AAF. A motion was made by Vice Chairman Solari,seconded by Chairman O'Bryan;to approve staffs recommendation. The motion carried by the following vote: Indian River County,Florida Page 19 Board of County Commissioners Meeting Minutes-Final October 2,2018 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 14.A.1. 18-2321 Request the Board consider renaming North County Park to "Fran Adams Park" in honor of the dedication and hard work by then Commissioner.Fran Adams for making the park a reality. Recommended Action: Rename North County Park to Fran Adams Park Attachments: Commissioner's Memorandum Clerk's Note: This item was heardfollowing Item 12.E1. Waterway Village Second Amendment to the Amended Developer's Agreement, and is placed here for continuity). Chairman O'Bryan presented his request to change the name of the North County Regional Park to Fran Adams Park in recognition of all the contributions that the former Board of County Commissioner has made to the community.. .He noted. that Commissioner Adams worked hard to make the park a reality, and elaborated on his desire to honor her. Peter Robinson, 315 Grey Twig Road, disclosed that it took a lot of perseverance and effort for Fran Adams to get the land transformed into a park. Ruth Stanbridge contributed that former Commissioner Adams could often be found at the State.Capitol Building advocating for various local causes. She noted that in addition to securing the North County Park,Ms.Adams was involved in the St. Sebastian River Preserve State Park and the Rails to Trails Conservancy. Commissioner Flescher noted that Fran Adams is a dedicated businessperson in the.community, and that during her tenure as Commissioner, she worked hard to effect changes in the community. He also:observed that having a more descriptive name for the park would make it more attractive to tourists. A motion was made by Commissioner Flescher,seconded by Commissioner Adams,. to approve the renaming of the North County Regional Park to Fran Adams Park The motion carried by the following vote: Indian River County Florida Page 20 Board of County Commissioners Meeting Minutes-Final October 2,2018 Aye: 5- Chairman O'Bryan,Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc B; Commissioner Bob.Solari,Vice Chairman 14.6.1. 18-2339 Evans Properties Dispersed Water Projects Recommended Action: Discussion Regarding Board Support Attachments: Commissioner's Memorandum Clerk's Note: This item was discussed in conjunction with Item 10.B.1. Request to Speakfrom Ron Edwards, President Evans Properties, Inc., Regarding a Request for a Letter of Support Addressed to the Governing Board of the South Florida Water Management District for Evans Properties'Scott& Bluefield Dispersed Water.Projects, and is placed here for continuity). Vice Chairman Solari asked if the Commissioners would send a letter of support for Evans Properties Inc.'s proposed dispersed water projects,to the South Florida Water Management District. He observed that these projects will begin reducing the nutrient load into the Lagoon. . Bob Johnson,-Coral Wind Subdivision, wanted to know if the dispersed water projects would affect.the County's potable water supply;Vice Chairman Solari advised that it would not have any measurable impact on the drinking water supply.. A motion was made by Vice Chairman Solari,seconded by Commissioner Zorc, to send to the governing board of the South Florida Water.Management District,a letter of support for Evans Properties, Inc.'s: (1) Bluefield Northern Everglades Public-Private Partnership(NE PPP); and(2)Scott Northern Everglades Public-Private Partnership(NE PPP). 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 14.E.1. 18-2359 United Against Poverty (UP) Request for Grant'Fundinglfrom the Florida Department of Economic Opportunity (DEO) Recommended Action: Discussion and Support Indian River County Florida Page 21 Board of County Commissioners Meeting Minutes-Final October 2,2018 Attachments: Commissioner's Memorandum UP Job Growth Grant Application Clerk's Note: This item was discussedfollowing Item 10.B.2.Request to Speak from Franklin (Trip)Snelson, UnitedAgainst Poverty, Regarding New UP . : Center Project Update, and is.placed here for continuity). Commissioner Zorc commended United Against Poverty(UP)on its work and success in helping people gain employment He noted that the Department of Economic Opportunity grant:application submitted by UP seems to fall under. : :_ the Workforce Development category, and advocated that the Board indicate its support for the grant. A motion was made by Commissioner Zorc,seconded by Chairman O'Bryan,to send a letter to Governor Rick Scott, in support of United Against Poverty's: : Florida Job Growth Grant Fund application:that was submitted to the Florida Department of Economic Opportunity. The motion carried bythe following vote: Aye: 5- Chairman O'Bryan,Vice Chairman Solari, Commissioner Adams, Commissioner Flescher, and Commissioner Zorc 15: SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners reconvened as the Board of. Commissioners of the.Emergency Services District. Those minutes will be approved at an upcoming Emergency Services District meeting. 15.A.1. 18-2341 Approval of FY 2018/2019 EMS County Awards Grant: Purchase of Capital/Operating Equipment Using Non-Matching EMS Grant Funds and Grant Resolution Recommended Action: Staff recommends approval of the FY 2018/2019 EMS Grant and resolution to purchase the equipment and services as noted in the attachments. Staff further recommends that the.Board of County Commissioners authorize thechairman to execute the_necessary documents to obtain funds from the Department; of Health in the amount of $19,731.00 and authorize budget amendments, as required, to receive and expend the grant funds. In order to comply with the: requirements of this Grant, staff is seeking authorization for the establishment of a unique accounting code designator for all County Awards Grant deposits, disbursements, interests accrual and rollover of funds, as they,are required to be maintained in a separate fund or account for:.inspection by the.State EMS. Monitoring and Compliance Unit. Indian River County Florida Page 22 Board of County Commissioners Meeting Minutes-Final October 2,2018 Attachments: Staff Report IRC Budget Grant Form-EMS Grant EMS County Grant Application EMS-CTY Awards Grant Resolution Director of Emergency Services Tad Stone was present in support of staffs request. A motion was made.by Vice Chairman Solari,seconded by Commissioner Adams, to approve Resolution 2018-001 ESD,authorizing the application for funding County Emergency Medical.Services(EMS)Grant Awards to be submitted to the State of Florida Department of Health, Bureau of Emergency Medical Services. The motion carried by the following vote: . Aye: 5- Chairman O'Bryan, Vice Chairman Solari, Commissioner Adams, Commissioner. Flescher, and Commissioner Zorc The Board of Commissioners adjourned the Emergency Services.District meeting and reconvened as the Board of County.Commissioners of the regular meeting,with Item 12.G1. Comprehensive Water,Wastewater,and Reclaimed Reuse)Water Rate Study, and Water and Sewer Impact Fee Study Recommendations. B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT . . There being no further business,the Chairman adjourned the meeting at 2:13 p.m. Indian River County Florida Page 23 Board of County Commissioners Meeting Minutes — Final October 2, 2018 ATTEST: Q, 0,57 C Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari Clerk of Circuit Court and Comptroller is _ ii.li. `._ BCC/MG/2018 Minutes TY C 04f' -, s s V Approved: November 20, 2018 Indian River County Florida Page 24