HomeMy WebLinkAbout12/04/2018 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Meeting Minutes - Final
Tuesday, December 4, 2018
9:00 AM
Commission Chambers
Board of County Commissioners
Bob Solari, Chairman, District 5
Susan Adams, Vice Chairman, District 1
Joseph E. Flescher, District 2
Peter D. O'Bryan, District 4
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Maureen Gelfo, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final December 4, 2018
1. CALL TO ORDER
ROLL CALL
Present: 5 - Chairman Bob Solari
Vice Chairman Susan Adams
Commissioner Joseph Flescher
Commissioner Peter O'Bryan
Commissioner Tim Zorc
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.13. INVOCATION
Chaplain Chad Elberson, Indian River Estates West
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
to approve the Agenda as presented. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
5. PROCLAMATIONS and PRESENTATIONS
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD
ACTION
7.A. 18-2553 Update on All Aboard FL/Vero 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. 18-2551 Florida Public Service Commission Order PSC-2018-0559-FOF-EI
Indian River County Florida Page 1
Board of County Commissioners Meeting Minutes - Final December 4, 2018
approving tariffs for Duke Energy, effective with the first billing cycle of 1/19;
docket shall remain open pending Commission's final decision on Duke
Energy's petition is on file in the Office of the Clerk to the Board.
Recommended Action: Information Only
No Action Taken or Required
7.C. 18-2537 Indian River County Venue Event Calendar Review
Recommended Action: This is an informational item only; no Board action is required
Attachments: Staff Report
Chairman Solari pointed out the upcoming Christmas events.
No Action Taken or Required
8. CONSENT AGENDA
Assistant County Administrator Mike Zito announced that Ann Shepherd, the
Director of Library Services, is retiring, and that one of her accomplishments is the
re-establishment of the Marian Fell Library in Fellsmere. The Marian Fell Library
Grand Opening will be on January 24, 2019 from 1:00 to 5:00 p.m.
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 Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
8.A. 18-2533 Checks and Electronic Payments November 9, 2018 to November 16, 2018
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of November 9, 2018 to November 16, 2018
Attachments: Finance Department Staff Report
Approved
8.B. 18-2534 Dori Slosberg Driver Education Safety Act - Indian River County Traffic
Education Program Trust Fund Report - Cumulative Reporting Through
09/30/18
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report
Indian River County Florida Page 2
Board of County Commissioners Meeting Minutes - Final December 4, 2018
Accepted
8.C. 18-2546 Internal Audit Report for Fiscal Year 2018
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report - Internal Audit
Accepted
8.D. 18-2547 Quarterly Tourist Development Tax Report for the Quarter Ending 09/30/18
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report - Tourist Tax
Accepted
8.E. 18-2548 Quarterly Investment Report for Quarter Ending 09/30/18
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report - Investment Committee 093018
Accepted
8.F. 18-2549 Quarterly OPEB Trust Report for the Quarter Ending 09/30/18
Recommended Action: Accept the report.
Attachments: Finance Department Staff Report - Investment Committee OPEB
Accepted
8.G. 18-2550 Changes to OPEB Trust Investment Policy
Recommended Action: Accept the OPEB Trust Investment Policy changes.
Attachments: Finance Department Staff Report - OPEB Policy Updates
Accepted
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
8.H. 18-2506 Approval of Renewal of the 800 MHz Communications System
Infrastructure Maintenance Contract with Communications International,
Recommended Action: Staff recommends the Board to approve the 800 MHz Communications System
Master Service Agreement with Communications International, Inc.
Attachments: Staff Report
Master Service Agreement (Contract Number CI -10-146)
2018-2019 Cost Summary
CPI Letter
Sole Source Letter
Approved staffs recommendation
8.1. 18-2538 Approval of Continuing Geotechnical Services Agreements for RFQ
2018042 (IRC -1812)
Recommended Action: Staff recommends the Board approve the sample agreement and submitted rate
schedules and authorize the Chairman to execute the agreements once the County
Attorney has approved as to form and legal sufficiency.
Attachments: Staff Report
Sample Agreement
Rate Schedules
Approved staffs recommendation, and authorized the Chairman to execute the
agreements with Anderson Andre Consulting Engineers, Inc.; Terracon Consultants,
Inc.; Ardaman & Associates, Inc.; Nutting Engineers of Florida, Inc.; GFA
International, Inc.; Universal Engineering Sciences, Inc.; and Tierra South Florida,
Inc.
8.J. 18-2540 Adrienne Dissis' Request for Release of a Portion of an Easement at 7775
134th Street (Town of Wauregan Subdivision)
Recommended Action: Staff recommends that the Board, through adoption of the resolution, approve
release of the 20 -foot wide portion of the drainage and utility easement described in
the resolution.
Attachments: Staff Report
Maps Depicting Easement
County Resolution 2003-148
Proposed Resolution Releasing Easement
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
Approved Resolution 2018-122, releasing a portion of an easement reserved over
abandoned short street right-of-way abutting Block 52A, Town of Wauregan
Subdivision.
8.K. 18-2541 Deputy Occupancy Lease/License Agreements
Recommended Action: Staff respectfully requests that the Board authorize renewal of the existing Gifford Park
lease; the termination of the existing License Agreements at Donald MacDonald
Campground and the Indian River County Fairgrounds; and, authorize the Chairman to
excecute the License Agreements for Donald MacDonald Park and the Indian River County
Fairgrounds.
Attachments: Staff Report
License Aamt 2018 - Camparound- name redacted Revised
11-26-2018
License Agmt 2018 - Fairgrounds - name redacted
Gifford Park Lease Renewal with Tenant Name Redacted
2018 Gifford Park Lease Renewal Request Acknowledgement
Approved staffs recommendation
8.1L. 18-2558 Work Order No. 1 Stantec Consulting Services, Inc. Indian River County
Beach Preservation Plan - Update 2019
Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 1 in the
amount of $198,608 to initiate a contract with Stantec Consulting Services, Inc. and
authorize the Chairman to sign on behalf of the County
Attachments: Staff Report
Stantec Consulting Services, Inc. WO # 1
Approved staffs recommendation
8.M. 18-2561 Designation of Excess Equipment as Surplus
Recommended Action: Staff recommends the Board declare the items on the Excess Equipment List for
120418 Agenda as surplus, and authorize their sale and/or disposal, as indicated.
Attachments: Staff Report
Excess Equipment List for 120418 Agenda
Approved staffs recommendation
Indian River County Florida Page 5
Board of County Commissioners Meeting Minutes - Final December 4, 2018
8.N. 18-2562 Work Order No. 2018006-4, Aptim Environmental & Infrastructure, Inc.
Sector 3 Beach and Dune Renourishment - 2018 Pre -Construction
Biological Monitoring
Recommended Action: The recommendation of staff is for the Board to approve Work Order No.
2018006-4 to the contract with Aptim Environmental & Infrastructure, Inc. and
authorize the Chairman to sign on behalf of the County.
Attachments: Staff Report
Aptim WO# 2018006-4
Approved staffs recommendation
8.0. 18-2544 Approval of Interlocal Agreement with the City of Fellsmere for Library
Services at the Marian Fell Library
Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve
the Interlocal Agreement between Indian River County and the City of Fellsmere,
and authorize Chairman to sign.
Attachments: Staff Report
Interlocal Agreement - City of Fellsmere Library for 12-04-2018
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1 18-2536 County Initiated Request to Amend the 5 Year Capital Improvements
Program and the Supporting Data and Analysis of the Capital
Improvements Element of the Comprehensive Plan for the Period FY
2018/19 - 2022/23. Plan Amendment Number: CPTA
2018100152-83037 (Legislative)
Recommended Action: Based on the analysis conducted, staff recommends that the Board of County
Commissioners: 1. Approve the update to the 5 Year Capital Improvements
Program for the period FY 2018/19 - 2022/23 and supporting data and analysis
of the Capital Improvements Element (CIE) of the Comprehensive Plan by
adopting the proposed ordinance; and 2. Authorize staff to initiate update
amendments to the CIE and the Transportation Element in the January 2019
amendment submittal window.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
Attachments: Staff Report
Comprehensive Plan Text Amendment Application
Comprehensive Plan Text Amendment Ordinance
Strike Throuah and Underline Version of CIE
5 Year Schedule of Capital Improvements
PROOF OF PUBLICATION FOR THE PUBLIC HEARING IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD
Chairman Solari made note that page 6 of staffs report had been replaced.
Community Development Director Stan Boling, through the use of a
PowerPoint Presentation, explained the purpose of the text amendment to the
Comprehensive Plan, and provided details regarding the adoption process as
well as the preparations involved with the Capital Improvements Element (CIE)
of the Plan. He highlighted the revisions made to the 5 Year Capital
Improvements Program (CIP), summarized the expenditures by category, and
announced proposed and ongoing projects.
Director Boling explained that the correction to page 6 pertained to the
Lagoon -benefitting projects, which will be funded by 20% of the proceeds of
the first five years of the extended One -Cent Local Option Sales Tax. Among
the Transportation projects mentioned was the proposed Aviation Boulevard
Extension project, which would require negotiations with the Indian River
Hospital District (the District). He also mentioned that staff has identified
changes to the Transportation Element and portions of the CIE that need to be
updated, and asked the Board to approve staffs recommendation and provide
authorization for staff to approach the District about the Aviation Boulevard
Extension project.
Comments ensued about having the County's Public Works Department manage
the Capital Improvements Projects for the Sheriffs Office; advancing certain
water projects (particularly Lagoon friendly projects), in readiness for potential
State funding; whether the improvements at the Sandridge Golf Club could be
completed sooner than outlined; and developing out the new Pickleball
Complex at South County Park sooner, in response to requests from residents.
The Board consensus was to have the Lagoon -benefitting projects moved along
to take advantage of a two-year window wherein Senator Debbie Mayfield
would chair the State Appropriations Committee for Water Projects.
Chairman Solari sought and received Board consensus to add a Public
Education component to the proposed AMR (Automatic Meter Reading) AMI
(Advanced Meeting Infrastructure) Meter Conversion project, and for staff to
report back to the Board on post -recession deferred maintenance or capital
expenditure items still outstanding.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
The Chairman opened the public hearing; there were no speakers, and the
public comments section was closed.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc,
to: (1) approve staffs recommendation and adopt Ordinance 2018-025, amending
the text of the Comprehensive Plan's Capital Improvements Element by updating
the County's 5 year Capital Improvements Program (CIP) Schedule and related
data and analysis sections; and providing severability and effective date; and (2)
authorize staff to begin negotiations with the Indian River Hospital District on the
Aviation Extension Project. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
B. PUBLIC DISCUSSION ITEMS
10.6.1. 18-2568 Request to Speak from Fred Mensing Regarding All Aboard
Florida/Brightline/Virgin Trains/Florida East Coast Railway Railroad
Crossings - Tunnels and Bridges
Recommended Action: Request to Speak - Action Not Required
Attachments: Request to Speak Form
Frederick Mensing, 4123 18th Place, addressed the Board about Florida's East
Coast Railway's (FEC's) expanding freight service, and how it will impact the
ability of emergency responders to cross the railroad tracks and get people to an
emergency facility. He mentioned that other cities have constructed tunnels or
bridges to alter the railroad crossing areas. Mr. Mensing also deemed that the
Board of County Commissioners had expended funds to fight Virgin Trains
(also known as the Brightline and All Aboard Florida) rather than protecting the
residents west of the FEC Railroad.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Man a( ,,enient and Bu d(
F. Public Works
G Utilities Services
12.G.1. 18-2554 Reserve Accounts
Recommended Action: A summary of the recommendations contained herein is listed below: 1.
Approve (or approve with modification) proposed ordinance change depicted in
Attachment 1 to allow for the relinquishment of ERUs acquired during one of
the voluntary assessment programs between 1984 and 1989. Such
relinquishment shall include a refund of any impact fees or fees in lieu of
impact fees that were paid to reserve capacity, provided that the property
remains undeveloped and/or service is not available within two hundred feet of
the parcel. Refunds shall be made at the rate at which the fees were paid.
Accounts shall be brought current before allowing any such relinquishment.
Direct staff to hold a public hearing on December 18th regarding this matter; 2.
Modify County Code to allow for the relinquishment of ERUs purchased at any
time if the owner desires to relinquish them. Unless the ERUs were purchased
within the past twenty-four months or during one of the voluntary assessment
programs described earlier herein, relinquishment shall not include a refund of
impact fees. Accounts shall be brought current before allowing any such
relinquishment; 3. Modify County Code to accommodate the County
reclaiming any ERUs wherein twenty-four months of service availability fees
are past due. Under this scenario, a partial refund would be processed for the
impact fees. However, all account balances due would be deducted from that
refund; 4. Approve (or approve with modifications) the draft amnesty ordinance
and direct staff to hold a public hearing to adopt the proposal. A copy of the
draft ordinance is presented in Attachment 3; and, 5. If approved, direct staff to
work with the County Attorney to develop a proposed ordinance to
accommodate Refund, Relinquishment, and Reclaiming ERUs as described in
items 2 and 3 of this recommendation, and to proceed with advertising for a
public hearing regarding said matter. A draft of the proposed ordinance is
included in Attachment 4.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
Attachments: Staff Report
Attachment 1 - Proposed Code Modification (Section 201.09 E)
Attachment 2 - Resolution 87-142
Attachment 3 - Proposed Ordinance regarding Amnesty
Attachment 4 - Proposed Code Modification regarding
Recommendations 2 and 3
Chairman Solari disclosed that he was the owner of ten (10) Equivalent
Residential Units (ERU's) as part of a voluntary assessment, and that the
County Attorney confirmed that there was no conflict of interest.
Director of Utility Services Vincent Burke reported that staff was returning with
recommendations pursuant to the Board's direction at the November 13, 2018
Board of County Commission meeting. Assisted by Utility Finance Manager
Cindy Corrente, he made use of a PowerPoint presentation to detail the key
points of each recommendation.
The first issue was about modifying County Code to permit the refund of
impact fees paid to gain capacity in the water and/or wastewater system, if
requests are made within 24 months of purchase. Commissioner O'Bryan
advocated that the amendment stipulate that accounts must be current, with no
delinquent charges.
The following speakers addressed the Board:
Chuck Mechling, North Highway AIA
Joseph Paladin, President of Black Swan Consulting and President of Atlantic
Coast Building
A motion was made by Commissioner O'Bryan, seconded by Commissioner
Flescher, to approve language for an amendment to County Code Section
201.09E, to allow for any customer who purchased Equivalent Residential Units
(ERUs) to apply to the Indian River County Department of Utility Services
(IRDUS) for a refund, provided the application is made within 24 months of the
payment of the impact fees, and provided that the account is current, and the
customer has not connected to the system. The reimbursement will be based on
the impact fee schedule in effect at the time of original payment. The motion
carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
Director Burke outlined three scenarios for staffs recommendation to modify
County Code to allow for a refund of impact fees paid during one of the
voluntary assessment programs that were adopted by resolution between 1984
and 1989.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
A brief question and answer period ensued as the Board sought additional
information on the proposed impact fee refunds, after which County Administrator
Jason Brown affirmed that he did not envision that the proposed refunds would
strain the County's budget.
The following speakers addressed the Board:
Richard Maxwell, 920 Truman Street, Sebastian
Joseph Paladin, President Black Swan Consulting and President Atlantic Coastal
Construction
A motion was made by Commissioner Flescher, seconded by Chairman Solari, to
approve an amendment to County Code Section 201.09, to allow for refund of impact
fees paid for certain voluntary assessments adopted by resolution between
1984-1989, if the reserve account is current and the property is either undeveloped,
or if the property is located 200 or more feet from an existing water and/or sewer
line, whichever is applicable; refunds will be equated to a per ERU basis and
refunded at the amount actually paid.
County Attorney Dylan Reingold confirmed that the Board approved of
incorporating the two amendments into one Ordinance for adoption at the
December 18, 2018 Public Hearing.
Motion was amended by Commissioner Flescher, seconded by Chairman Solari, to:
(1) approve an amendment to County Code Section 201.09E, to allow for a refund of
impact fees paid for certain voluntary assessments adopted by resolution between
1984-1989, if the reserve account is current and the property is either undeveloped,
or if the property is located 200 or more feet from an existing water and/or sewer
line, whichever is applicable; refunds will be equated to a per ERU basis and
refunded at the amount actually paid; and (2) to incorporate both amendments into
one Ordinance to be heard at a Public Hearing on December 18, 2018. The motion
carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
Next, discussion ensued dealing with the County's ability to reclaim any ERU's
after 24 months of unpaid service availability charges.
Commissioner O'Bryan wanted to make sure that the 24 months would be
cumulative.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan,
to approve an amendment to County Code Section 201.09E, to allow the County to
reclaim any ERUs after 24 months of unpaid service availability charges; any impact
fees paid will be applied to the account balance and any excess of such fees will be
refunded. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
After a brief discussion, a motion was made to bring the proposed amendment to
the public hearing of December 18, 2018. However, due to the timeframe noted by
Attorney Reingold, the Board consensus was to have staff report back on
reclaiming the ERU's.
Postponed/Continued
Director Burke continued his briefing, proffering staffs recommendation to
approve or amend a draft 90 -day amnesty ordinance and hold a public hearing for
adoption on December 18, 2018.
Discussion ensued about issuing this additional amnesty period, in addition to
those previously provided by the County. Administrator Brown pointed out that
only customers who have not previously participated in amnesty are eligible for
the upcoming amnesty period.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman
Adams, to approve the draft 90 -day amnesty Ordinance and direct staff to hold a
public hearing on December 18, 2018 to adopt the proposal. The motion carried
by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
Director Burke next presented three options for dealing with the large Planned Unit
Development (PUD) Reserve Accounts with outstanding fees.
Deliberations followed about the proposed final settlement agreement wherein the
County would reclaim the ERU's and write off the bad debt; the potential to affix a
transfer fee to the ERU's that are reclaimed by the County; and the possibility of
using utility foreclosures as a means of clearing the large debts.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
A conversation was also introduced about having a mechanism for a utility account
holder to relinquish ERU's that are no longer desired.
The following speakers addressed the Board:
Chuck Mechling, 5070 North Highway AlA
Joseph Paladin, President of Black Swan Consulting
Wesley Davis, 7001 84th Avenue
Peter Robinson, 315 Greytwig Road
A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher,
to direct staff to work with the County Attorney's office to approve a process that
allows the County to enter into a final settlement agreement with the large Planned
Unit Development (PUD) ERU Reserve Accounts, whereby the County reclaims ERUs
and writes off the bad debt, with the caveat that if the final executed settlement
agreement is not performed within the time certain of six (6) months from December
18, 2018, the County will move into a foreclosure process, with the County Attorney
to place the Final Settlement Agreement sample contract under Informational Items
on a County Commission Agenda; and (2) directed staff to provide public notice to
the relevant ERU account holders. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
Chairman Solari asked staff to return with discussion on relinquishing the ERU's in
cases where the accounts are current.
The Chairman called a recess at 11:11 a.m., and reconvened the meeting at 11:21
a.m., with all members present.
12.6.2. 18-2555 Fellsmere Franchise Agreement
Recommended Action: Staff recommends that the Board of County Commissioners authorize the chairman
to execute the franchise agreement with the City of Fellsmere.
Attachments: Staff Report
Fellsmere Franchise Agreement
Exhibit A Service Area Map
Director of Utility Services Vincent Burke provided background and analysis on the
proposed agreement with the City of Fellsmere (the City), which would bring
County water/wastewater utility services to an area just east of I-95 and abutting
County Road 512. He disclosed that the Fellsmere City Council has already
approved the agreement, which would provide for the County and the City to split
the franchise fee.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
Fellsmere City Manager Jason Nunemaker was present in support of this item.
A motion was made by Vice Chairman Adams, seconded by Commissioner O'Bryan,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
13. COUNTY ATTORNEY MATTERS
13.A. 18-2539 Costs Associated with Injunction Against Dallas Yates, Jane Yates and The
Yates Group LLC
Recommended Action: The County Attorney's Office recommends that the Board County Commissioners
authorize County staff to work with and support the Health Department of Indian
River County to take steps to remove any tenants from the Subject Property, to
abandon 5 septic tanks located on the Subject Property, and to remove the large pile
of solid waste and vegetation from the Subject Property.
Attachments: Staff Report
Assistant County Attorney Kate Pingolt Cotner presented this item, providing
background on the County's attempt to seek injunctive relief to mitigate sanitary
nuisances on a multi -family property owned by Dallas Yates, Jane Yates, and the
Yates Group, located at 8835, 8845, 8883, 8885, 8887, and 8889 64th Avenue in
Sebastian. She described the Court's ruling, authorizing the County to remove any
tenants, clean up the property, and perfect a lien on the subject property to recover
costs associated with the nuisance abatement.
Cheryl Dunn, Environmental Manager of the Indian River County Health
Department, relayed that it appears all of the tenants on the subject property have
departed, although some vehicles remain on site.
A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan,
to approve staffs recommendation and to authorize the County, through its agents,
employees, and the Department of Health in Indian River County, to perfect a lien
against the property located at 8835, 8845, 8883, 8885, 8887, and 8889 64th Avenue in
Sebastian, Florida, and any other property as permitted by law to recover the costs
associated with removing the solid waste, sanitizing the areas impacted by raw
effluent, and anything else that may be necessary to stop future sanitary violations
from occurring (i.e. abandoning septic tanks). The motion carried by the following
vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
B. Commissioner Susan Adams, Vice Chairman
14.6.1. 18-2563 Request Board Consideration for Discussion re Oslo Cemetery
Recommended Action: Discuss and Consider
Attachments: Commissioners Memorandum
Oslo Cemetery Draft Agreement
Vice Chairman Adams recapped that people who have relatives buried at the
Oslo Cemetery (the Cemetery) have formerly not been allowed on the site, and
relayed that the current owner, Michael Gregory M.D., is now willing to donate
the property to the County. She noted that one individual has been waiting two
years to bury her mother at the site, and that the use of the Cemetery would be
restricted to individuals who have family interred there. She mentioned that
the original deed stipulates that if the property ceases to be used as a cemetery,
it should automatically revert to the grantee (the County).
Chairman Solari voiced that owning a cemetery was not a proper government
function; whereas Commissioner Flescher remarked that the Oslo Cemetery
was still an active cemetery.
A motion was made by Vice Chairman Adams, seconded by Commissioner
O'Bryan, to approve the Gift Agreement by and between Indian River County and
Michael W. Gregory, M.D. a/k/a Oslo Cemetery, Inc. The motion carried by the
following vote:
Aye: 3 - Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc
Nay: 2 - Chairman Solari, and Commissioner Flescher
C. Commissioner Joseph E. Flescher
D. Commissioner Peter D. O'Bryan
E. Commissioner Tim Zorc
14.E.1. 18-2564 Request to Discuss Scheduling a Workshop on Housing Affordability
Recommended Action: Discussion
Attachments: Commissioners Memorandum
Commissioner Zorc proposed a workshop to be held to discuss housing
affordability in the County. He noted that the workshop would be to explore
how the wage scale of County businesses compares to the housing market.
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Board of County Commissioners Meeting Minutes - Final December 4, 2018
A brief discussion followed about housing costs and wages, after which the
Board consensus was to task the Affordable Housing Advisory Committee
(AHAC) to research this topic.
County Administrator Jason Brown confirmed that he would convene a meeting
of the AHAC to discuss this topic. It was suggested that Commissioner Zorc
invite any interested builders to the meetings on affordable housing.
Referred to Staff
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 11:49 a.m..
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Board of County Commissioners Meeting Minutes — Final December 4, 2018
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: M L�"
Deputy Clerk
BCC/MG/2018 Minutes
Bob Solari, Chairman
Approved: FER n 5 9019
Indian River County Florida Page 17