HomeMy WebLinkAbout12/18/2018Indian 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 18, 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
Rhonda D. Zirkle, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final December 18, 2018
1. CALL TO ORDER
2. ROLLCALL
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.B. INVOCATION
Pastor Billy McCloud, Central Assembly of God
3. PLEDGE OF ALLEGIANCE
Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved: Item I I .A., Historic Dodgertown Facility Lease Agreement, was moved
to be heard prior to 10.A., Public Hearings.
Added: Emergency Item 14.D.1., Travel to Tallahassee, was added to
Commissioner O'Bryan's items.
A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams,
to approve the Agenda as amended. 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
5.A. 18-2567 Presentation of Proclamation Honoring Dean Filippi on His Retirement From
Indian River County Board of County Commissioner Department of Emergency
Services/Fire Rescue with Thirty Years of Service
Attachments: Proclamation
Chairman Solari presented the Proclamation to Dean Filippi, who was present with
his family, friends and co-workers.
Members of the Board and County Administrator Jason Brown spoke regarding his
profound dedication to the people of Indian River County.
Read and Presented
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 18-2610 Landfill Closure and Collection Services Changes for the Christmas and New
Year's Holiday
Recommended Action: For informational purposes only - no action required.
Attachments: Staff Report
No Action Taken or Required
7.B. 18-2566 Proclamation Honoring Richard Carter on His Retirement From Indian River
County Board of County Commissioners Department of Emergency Services/Fire
Rescue with Twenty -Three Years of Service
Attachments: Proclamation
Chairman Solari thanked Richard Carter for his 23 years of service to Indian River
County.
No Action Taken or Required
7.C. 18-2580 Proclamation Honoring George Perez on His Retirement From Indian River County
Board of County Commissioners Department of Community
Development/Building Division with Twenty -Seven Years of Service
Attachments: Proclamation
Chairman Solari thanked George Perez for his 27 years of service to Indian River
County.
No Action Taken or Required
7.D. 18-2453 2019 Treasure Coast Regional Planning Council (TCRPC) Appointments
Recommended Action: For Information.
Attachments: Staff Report
2019 TCRPC Appointments
No Action Taken or Required
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
7.E. 18-2620 2019 Treasure Coast Regional Planning Council Comprehensive Economic
Development Strategy Committee (TCRPC CEDS) District Appointment Member
Listing
Recommended Action: For Information.
Attachments: Staff Report
2019 TCRPC CEDS Appointments
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the Consent Agenda as written. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
8.A. 18-2602 Checks and Electronic Payments November 30, 2018 to December 6, 2018
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of November 30, 2018 to December 6, 2018
Attachments: Finance Department Staff Report
Approved
8.B. 18-2604 FY 2017-2018 Records Disposition Compliance Statement and Records
Management Liaison Officer Form for the Indian River County Board of County
Commission
Recommended Action: It is recommended that the Chairman be authorized to sign the Records
Management Compliance Statement for Fiscal Year 2017 - 2018 for the Indian
River County Board of County Commission
Attachments: Staff Report
Florida Department of State Letter Dated 11/1/18
Records Management Compliance Statement
Approved staffs recommendation
Indian River County Florida Page 3
Board of County Commissioners Meeting Minutes - Final December 18, 2018
8.C. 18-2601 Lobbyist for 2019 Legislative Session
Recommended Action: The County Attorney's Office recommends that the Board enter into an agreement
with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2019,
to December 31, 2019, and authorize the County Administrator to execute the
referenced agreement.
Attachments: Staff Report
Agreement for Professional Services
Approved staffs recommendation
8.D. 18-2357 Request for Approval to Enter into a Bus Shelter License Agreement with Indian
River State College for Construction of a Bus Shelter at the Mueller Campus
Recommended Action: Staff recommends that the Board of County Commissioners review the Bus Shelter
License Agreement between the County and Indian River State College, make any
necessary changes, and authorize the Chairman to execute the agreement.
Attachments: Staff Report
Agreement
Location Map (ExhibitA)
Approved staffs recommendation
8.E. 18-2444 Updated Fee Schedule for Indian River County Public Shooting Range - Rifle and
Pistol Range, Effective January 1, 2019
Recommended Action: Staff respectfully recommends the Board of County Commissioners approve the
increase to the Pistol & Rifle Range range pass fee, and authorize approval to offer
the 'Buy 10 Range Passes Card."
Attachments: Staff Report
FWC Fee Schedule Exhibit B 2008
Approved staffs recommendation
8.F. 18-2507 Consideration of Change Order No. 1 to Contract Agreement with Indian River
Docks, LLC for Archie Smith Fish House Dock Restoration
Recommended Action: Staff recommends that the Board of County Commissioners approve the Change
Order 1 to the Archie Smith Fish House Dock Restoration Agreement with Indian
River Dock, LLC and authorize the County Administrator to sign the Change Order
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
on behalf of the County.
Attachments: Staff Report
Change Order 1
Indian River Docks LLC Contract Agreement
Approved staffs recommendation
8.G. 18-2557 D. R. Horton Inc.'s Request for Final Plat Approval for The Cove at Falcon Trace
PD Plat 1 [PD -14-07-06 / 2001050202-80548]
Recommended Action: That the Board of County Commissioners grant final plat approval for The Cove at
Falcon Trace PD Plat 1
Attachments: Staff Report
Application
.Location Map
Final Plat Layout
Contract for Construction and Letter of Credit
Approved staffs recommendation
8.H. 18-2583 Mediated Settlement; Jeffrey Wolski
Recommended Action: In keeping with administrative policy, staff now requests Board approval of this
settlement in the amount of $70,000.00. Payment will be made from the Self
Insurance Fund.
Attachments: Staff Report
Approved staffs recommendation
8.1. 18-2597 Approval of Resolution Adopting the 2019 Indian River County Emergency Plan
for Hazardous Materials
Recommended Action: Staff recommends approval of the Resolution and the 2019 Indian River County
Emergency Plan for Hazardous Materials.
Attachments: Staff Report
Resolution 2018
FDEM Approval Letter
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Board of County Commissioners Meeting Minutes - Final
December 18, 2018
Approved staffs recommendation and Resolution 2018-123, approving the Indian
River County Hazardous Materials Emergency Plan.
8.J. 18-2598 Lawnwood Medical Center Inc.'s Request for Release of a Marginal Access
Easement at 660 South U. S. Highway 1
Recommended Action: Staff recommends that the Board, through adoption of the resolution, approve
release of the 22 -foot wide marginal access easement described in the resolution.
Attachments: Staff Report
Maps Depicting Easement
Recorded Marginal Access Easement
Proposed Resolution Releasing Easement
Approved staffs recommendation and Resolution 2018-124, releasing a marginal
access easement at 660 S US Highway 1 (Tax Parcel ID No. 33401900000500000022.0).
8.K. 18-2599 Approval of Four -Month Extension to SJRWMD Cost -Share Grant for Osprey
Acres Floway and Nature Preserve
Recommended Action: Staff recommends that the County Commission approve Amendment #2 to the
SJRWMD Cost -Share Agreement and authorize the Chairman to execute it on
behalf of the County.
Attachments: Staff Report
SFRW MD Cost -Share Agreement Amendment #2
Approved staffs recommendation
8.L. 18-2606 Willows Development, LLC's Request for Final Plat Approval for a Plat -Over Site
Plan Single -Family Development to be known as The Willows Phase 2
[SD -15-09-08 / 2006010188-82614]
Recommended Action: Staff recommends that the Board grant final plat approval for The Willows Phase 2,
subject to final review and approval of a Contract for Construction of Required
Improvements and letter of credit by the County Attorney's Office.
Attachments: Staff Report
Application
Location Map
Final Plat Layout
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
8.M. 18-2609 Indian River Preserve, LLC Request for Extension of Site Plan Approval for a
Multi -Family Development to be Known as The River Preserve (SP -MA -16-09-21 /
2001030063-77155)
Recommended Action: That the Board of County Commissioners approve Indian River Preserve, LLC's
request for a one-year extension of the site plan approval for The River Preserve
multi -family development with all original approval conditions to remain in effect.
The new site plan approval expiration date will be December 8, 2019
Attachments: Staff Report
Request Letter
Location Map
Site Plan
List of Approval Conditions
Approved staffs recommendation
8.N. 18-2612 Work Order No. 2 Coastal Waterways Design and Engineering, LLC Construction
of Emergency Beach Access at Round Island Park
Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 2 to the
contract with Coastal Waterways Design and Engineering, LLC. and authorize the
Chairman to sign on behalf of the County.
Attachments: Staff Report
Coastal Waterways Design and Engineering. LLC. WO# 2
Approved staffs recommendation
8.0. 18-2613 Release of Retainage for Work Order No. MMRT-1 for Professional Land
Surveying and Mapping Services for Osprey Acres Floway and Nature Preserve
Recommended Action: Staff recommends the Board of County Commissioners approve release of
retainage in the entire amount of $2,587.40.
Attachments: Staff Report
Invoice from Masteller Moler & Taylor Inc.
Approved staffs recommendation
8.P. 18-2616 Approval to Use Paymentus for Merchant Services
Recommended Action: Staff recommends that the Board of County Commissioners approve Paymentus as
its merchant service provider and authorize the Chairman to endorse the Paymentus
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Board of County Commissioners Meeting Minutes - Final
December 18, 2018
Master Services Agreement after review and approval by the County Attorney's
office. Staff also recommends to authorize the Purchasing Manager the approval
authority to extend the agreement under the same conditions at the time of renewal,
by mutual agreement, so long as the Purchasing Manager is satisfied that
Paymentus has been performing properly, and if the extension would be in the best
interest of the County.
Attachments: Staff Report
Paymentus Master Services Agreement
Approved staffs recommendation
8.Q. 18-2614 The Reserve At Grand Harbor PD Phase 1, Plat 33 - Request for 2 -Year Extension
to Final Lift of Asphalt Contract - Developer: GH Vero Beach Development LLC
Recommended Action: Approve the Modification to Contract for Construction for Final Lift of Asphalt,
Contract No. PD -13 -10 -03 -FLA (2001020101-77703) to extend the completion
date to December 16, 2020, and authorize the Chairman to execute same. It is also
noted that the supporting security in the form of $212,131.88 cash would remain in
escrow and continue to be subject to the terms and conditions of both the Contract,
as modified, and Cash Deposit and Escrow Agreement for Final Lift of Asphalt.
Attachments: Staff Report
Letter Request for Extension
Modification to Contract
Approved staffs recommendation
8.R. 18-2622 Miscellaneous Budget Amendment 002
Recommended Action: Staff recommends the Board of County Commissioners approve the budget
resolution amending the fiscal year 2018/19 budget
Attachments: Staff Report
2018 2019 Resolution
Exhibit "A"
Approved Resolution 2018-125, amending the Fiscal Year 2018-2019 Budget.
8.S. 18-2621 Municipal Advisory Agreement - Termination of FirstSouthwest and Request to
Approve Agreement with Masterson Advisors LLC
Recommended Action: Staff recommends that the Board of County Commissioners terminate the
agreement with FirstSouthwest and approve the agreement with Masterson
Advisors LLC.
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Board of County Commissioners Meeting Minutes - Final
Attachments: Staff Report
Municipal Advisory Agreement
Approved staffs recommendation
8.1' 18-2619 Closed Captioning Initiative
December 18, 2018
Recommended Action: Staff recommends that the Board of County Commissioners waive the bid
requirements and authorize the Purchasing Division to issue a Purchase Order for
the referenced equipment from the selected vendor Encore Broadcast Solutions.
Attachments: Staff Report
Encore Broadcasting Quote
Municipal Broadcasting Quote
CASTUS Quote
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10.A.1. 18-2627 Public Hearing and Adoption of Ordinance Establishing Amnesty Program for
Certain Utility Delinquency Charges (Legislative)
Recommended Action: The County Attorney recommends that the Chairman open the public hearing,
take comments from the public and then close the public hearing, and that the
Board then adopt the proposed amnesty ordinance.
Attachments: Staff Report
Proposed Ordinance re Amnesty Program
Affidavit of Publication re amnesty
Director of Utility Services Vincent Burke detailed the background relating to
the final 90 -day amnesty period to benefit accounts with delinquent equivalent
residential unit (ERU) charges that have not previously taken advantage of an
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
amnesty program. He explained that the item was previously presented to the
Board on December 4, 2018, and upon adoption of the proposed Ordinance, the
Utilities Department will be notifying all owners that they will have 90 days to
bring their account current.
Chairman Solari requested feedback from the Board regarding a start date for
the 90 -day amnesty period; it was the consensus of the Board that the time
period for waiving the delinquency charges on certain utility service availability
fees that have been paid in full will be December 18, 2018 to March 18, 2019.
Chairman Solari opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
A motion was made by Commissioner O'Bryan, seconded by Commissioner
Flescher, to adopt Ordinance 2018-026, amending Section 201.08 (Rates and
Charges) of Chapter 201 (County Water and Sewer Services) of the Code of
Indian River County; establishing an amnesty program relating to delinquency
charges on certain Utility Service Availability Charges; making findings and
providing for severability, codification and an effective date. The motion carried
by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
10.A.2. 18-2629 Public Hearing ERU Ordinance (Legislative)
Recommended Action: The County Attorney's Office recommends that after the public hearing the
Board vote to approve the draft ordinance.
Attachments: Staff Report
Draft Ordinance
Affidavit of Publication
Director of Utility Services Vincent Burke detailed the language approved by
the Board on December 4, 2018, for an amendment to section 201.09 of the
Indian River County Ordinance Code regarding refunds of equivalent
residential units (ERUs). He clarified that, in addition, the Board approved a
modification to assessments paid in lieu of impact fees within the time period of
1984 -1989 for reserve accounts.
Commissioner O'Bryan sought and received clarification of the ordinance
changes from Director Burke.
Chairman Solari opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
A motion was made by Commissioner O'Bryan, seconded by Commissioner
Zorc, to adopt Ordinance 2018-027, amending Section 201.09 (Impact Fees) of
Part 1 (In General) of Chapter 201 (County Water and Sewer Services) of the. Code
of Indian River County, Florida in order to allow for a refund of water and sewer
impacts under certain circumstances; and providing for codification, severability,
repeal of conflicting provisions, and an effective date. 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
C. PUBLIC NOTICE ITEMS
10.C.1. 18-2615 Public Notice of Public Hearing Scheduled for January 8, 2019 (Legislative)
Attachments: Staff Report
County Attorney Dylan Reingold read the following Public Notice into the
record:
Biosolids Moratorium Extension Ordinance (Legislative)
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
I I .A. 18-2624 Historic Dodgertown Facility Lease Agreement
Recommended Action: [Enter Recommended Action Here]
Attachments: Staff Report
Amended and Restated Facility Lease Agreement
Exhibit A - Legal Description and Map
Exhibit B - Parking License Agreement June 2011
Exhibit C - Inventory
(Clerk's Note: This item was heard prior to the Public Hearing items, and is placed
here for continuity.)
County Administrator Jason Brown made mention that Page 3 of the Historic
Dodgertown Amended and Restated Facility Lease Agreement (the Agreement) has
been replaced. He provided a summary of the Agreement, and confirmed that,
upon approval by the Board, Major League Baseball will be stepping into Mr. Peter
O'Mally's role to take over Verotown, LLC (Verotown). He made mention that the
County has agreed to provide 2,000 parking spaces, and spelled out the financial
aspect of the improvements to be completed. He clarified that the roof
replacement would be overseen by the County but managed by Verotown;
therefore, the bid requirement for the roof replacement project would need to be
waived.
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
Administrator Brown requested that the Board allow for a change to the Code of
Indian River County to allow for the use of the County's 4th Cent Tourist Tax; the
Public Hearing for the Ordinance adoption would be scheduled for January 15,
2019.
Tony Reagins, Executive Vice President, Baseball & Softball Development for
Major League Baseball, was present to answer questions from members of the
Board.
The following speakers addressed the Board with support towards Indian River
County's partnership with Major League Baseball:
Dori Stone, President of the Indian River County Chamber of Commerce
Joseph Paladin, President of Black Swari Consulting and President of Land Coast
Building and Development
Rick Hatcher, Executive Director of the Treasure Coast Sports Commission
Freddie Woolfork, 4590 57th Avenue
Fred Augenstein, 179 Caprona Street, Sebastian
Ruth Stanbridge, County Historian
Commissioner O'Bryan confirmed that the proposed Agreement allowed for 12
days of use by the County, stating that nine (9) of those days would remain
earmarked for the St Helen's Harvest Festival.
Peter O'Mally, now residing in Los Angeles, spoke on the history and the
responsibility regarding his time at Historic Dodgertown, and of the pride he feels
for his role in facilitating the partnership between the County and Major League
Baseball.
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and
Commissioner Zorc
Nay: 1 - Chairman Solari
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. 18-2608 Consideration of a Wabasso Corridor Plan "Report Card"/Progress Report
Recommended Action: Staff recommends that the Board of County Commissioners: 1. Review and
accept the Wabasso Corridor Plan 2018 implementation report card/progress
report, and 2. Approve the three recommended follow-up actions listed in this
report associated with West Wabasso Action 1.1, Action 1.3, and Action 1.5
summarized as follows: a. Hire engineering consultant in 2020 to design
Lowes Park/Douglas Subdivision drainage improvements. b. Acquire West
Wabasso Park entrance right-of-way for 64th Avenue sidewalk extension
project and fund the sidewalk project for construction in 2019. c.
Periodically refurbish the West Wabasso Park walking trail up to twice a year.
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
Attachments: Staff Report
Implementation Matrix -Report Card
Action Plan
Community Development Director Stan Boling used a PowerPoint Presentation
to provide the background of the Wabasso Corridor Plan 2017, approved by the
Board on April 4, 2017. He clarified that 100% of the 18 topics listed in the
Action Plan have been addressed, and are either completed or in motion. He
detailed the three (3) recommended follow-up actions and requested the Board's
approval.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman
Adams, 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
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
G Utilities Services
12.6.1. 18-2611 Resolution to Adopt Water, Sewer, and Reclaimed Rates, Fees, and Other
Charges
Recommended Action: Staff recommends that the Indian River County Board of County
Commissioners (BCC) Chairman allow for public comment on this matter and
then have the BCC vote to approve the resolution, as drafted.
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
Attachments: Staff Report
Proposed Resolution
Schedule of Water and Sewer Rates. Fees and Other Charges
Director of Utility Services Vincent Burke presented the proposed rate
resolution to revise the schedule of Water and Sewer Rates, Fees and Other
Charges, noting an effective date of March 1, 2019. He explained that, upon
approval, customers would be notified and the website would be updated.
Chairman Solari made mention that there were minimal changes to the rates for
customers with lower consumptions amounts.
Commissioner Zorc sought and received clarification from Director Burke
regarding the handling of water leaks and miscellaneous behind -the -meter
issues.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc,
to approve Resolution 2018-126, establishing revised Indian River County
Department of Utility Services rate schedule. The motion carried by the
following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
12.G.2. 18-2618 Equivalent Residential Unit Issues
Recommended Action: Staff recommends that the Indian River County Board of County
Commissioners (BCC) authorize staff to come back with an ordinance at a
public hearing on January 8, 2019, which will 1) allow for the reclamation of
equivalent residential units (ERUs), 2) allow for the relinquishment of ERUs,
and 3) provide a method for settlements of delinquent reserve accounts. Finally,
staff recommends that the BCC approve the form contract for the settlement of
delinquent reserve accounts and decide the payment amount to be made by the
property owner.
Attachments: Staff Report
Proposed Agreement for Release of ERUs
Proposed Ordinance
Director of Utility Services Vincent Burke detailed the amendment to Section
201.09 of the Code of Indian River County to allow for the County's reclaiming
of equivalent residential units (ERUs) in situations where the customer has been
delinquent for 24 or more months, and to allow customers with a current
account the option to relinquish ERUs if they no longer have a need for them.
Commissioner O'Bryan sought and received clarification from Director Burke
regarding the refund policy in both situations.
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
With regard to the County's reclaiming of ERUs, Director Burke presented the
Board with two (2) options for settling a delinquent account, with staff
recommending Option 2, "Property owner to pay the County 10% of the
outstanding charges, including penalties and interest, as compensation for a
portion of the utility costs experienced during the period of ownership of the
ERUs, through and including the release of the ERUs". He confirmed that,
upon approval, a Public Hearing to address the matters would be scheduled for
January 8, 2019.
David Ederer, 9086 Castle Harbor Circle, questioned Director Burke regarding
the release of ERUs. Commissioner O'Bryan assisted in offering clarification.
County Attorney Dylan Reingold requested that the Board choose a method for
settling delinquent accounts; it was the consensus of the Board to approve
Option 2, staff s recommendation.
A motion was made by Commissioner Flescher, seconded by Commissioner
O'Bryan, to approve staffs recommendation, with the method for settling
delinquent reserve accounts being Option 2, "Property owner to pay the County
10% of the outstanding charges, including penalties and interest, as
compensation for a portion of the utility costs experienced during the period of
ownership of the ERUs, through and including the release of the ERUs". The
motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
The Chairman called for a recess at 10:08 a.m., and reconvened the meeting at
10:18 a.m., with all members present.
13. COUNTY ATTORNEY MATTERS
13.A. 18-2584 Commercial PACE Program
Attachments: Staff Report
Escambia County Commercial PACE Program Resolution
ILA Between Escambia County and Florida Green Finance Authority
County Attorney Dylan Reingold provided information on the Commercial
Property Assessed Clean Energy (PACE), following a request by the Board on
October 16, 2018.
Chairman Solari was not in favor of the County being involved, and expressed his
opinion that banks provide loans to credit -worthy customers.
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
Commissioner O'Bryan supported adding another loan option for improvements to
commercial properties, and spoke of his impression that the County's involvement
would be minimal.'
Commissioner Zorc spoke in favor of the County's involvement if it would be
limited to commercial properties only; Attorney Reingold offered confirmation.
Conrad DeSantis, who represented Counterpointe Energy Solutions, a program
administrator for the Florida PACE Funding Agency, provided the Board with
clarification that there would be no cost or risk to the County.
Maggie (surname undisclosed) with Hippo Roofing in Brevard County, spoke in
support of the PACE funding option with regard to lending for residential
improvement projects. In addition, she offered to provide the Board with
documentation/feedback relating to residential and commercial projects.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams,
to direct the County Attorney to draft Interlocal Agreements with Florida Green
Finance Authority; Florida PACE Funding Agency; and Green Corridor PACE District
for participation in the Commercial PACE Program. The motion failed by the
following vote:
Aye: 2 - Vice Chairman Adams, and Commissioner O'Bryan
Nay: 3 - Chairman Solari, Commissioner Flescher, and Commissioner Zorc
13.B. 18-2600 Interlocal Agreement with the Florida Department of Juvenile Justice to Administer Local
Juvenile Diversion Program
Recommended Action: The County Attorney's Office recommends the Board of County Commissioners approve
the interlocal agreement and authorize the Chairman to sign for the County.
Attachments: Staff Report
Interlocal Agreement Between Indian River County and State of Florida
Department of Juvenile Justice
Assistant County Attorney Kate Pingolt Cotner provided the timeline of events
leading up to the drafting of the proposed Interlocal Agreement with the Florida
Department of Juvenile Justice (DJJ); making mention that the Board approved the
recommendation on July 3, 2018 to authorize the DJJ to assume responsibility for
the administration of the local juvenile diversion program.
In a response to Chairman Solari, County Administrator Jason Brown expressed
support from County staff, noting that monies collected by the Court will fund the
program, as it did when the Nineteenth Judicial Circuit Court was the administrator.
A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams,
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
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Board of County Commissioners Meeting Minutes - Final December 18, 2018
U.C. 18-2603 Treasure Coast Tri -County 2019 State Legislative Priorities
Recommended Action: The County Attorney's Office recommends that the Board adopt the Treasure Coast
Tri -County 2019 State Legislative Priorities.
Attachments: Staff Report
Treasure Coast Tri County Legislative Priorities
Assistant County Attorney Kate Pingolt Cotner, with the use of a PowerPoint
Presentation, presented the Treasure Coast Tri -County 2019 State Legislative
Priorities, as discussed by St. Lucie, Martin, and Indian River Counties when the
three (3) Boards met on November 26, 2018.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams,
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.D. 18-2617 2019 State Legislative List of Priorities and Concerns
Recommended Action: The County Attorney's Office recommends that the Board adopt the 2019 State
Legislative List of Priorities and Concerns.
Attachments: Staff Report
DRAFT IRC 2019 State Legislative Priorities and Concerns
Assistant County Attorney Kate Pingolt Cotner provided the Board with Indian
River County's Preliminary Legislative List, 2019 State Legislative Session, noting
that the list didn't exactly match up with the list of Priorities and Concerns in the
2019 State Legislative Program provided in the Agenda backup; she recommended
merging the two (2) lists and requested the Board's approval of the overall unified
document.
Due to the number of items on the list of Priorities, Chairman Solari suggested that
Texting While Driving could be removed from the list. Commissioner Flescher
and Vice Chairman Adams were not in support of the Chairman's suggestion.
Attorney Cotner spoke of the importance of the list of Appropriations. She
requested a decision from the Board regarding the ranking of the items; it was the
consensus of the Board that the Appropriations, as written, were in the correct
order. Lastly, Attorney Cotner highlighted the items that had been added to the list
of Legislative Concerns.
Indian River County Florida Page 17
Board of County Commissioners Meeting Minutes - Final December 18, 2018
County Attorney Dylan Reingold requested clarification regarding the
incorporation of the two lists; Attorney Cotner confirmed that it was her intent to
merge the two lists.
A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams,
to approve staffs recommendation, following the merging of the two (2) 2019 State
Legislative lists: 1) Indian River County's Preliminary Legislative List, 2019 State
Legislative Session; and 2) Priorities and Concerns in the 2019 State Legislative
Program. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
13.E. 18-2623 Oslo Cemetery
Recommended Action: The County Attorney's Office recommends that the Indian River County Board of
County Commissioners approve the agreement with Dr. Michael W. Gregory and
accept the quitclaim deed for the Oslo Cemetery and authorize the Chairman to sign
the documents.
Attachments: Staff Report
Gift Agreement
Quit -Claim Deed
County Attorney Dylan Reingold provided the history of the Oslo Cemetery in
addition to highlighting the details of the Gift Agreement, noting that Michael W.
Gregory, M.D. has agreed to quitclaim the property back to the County.
Commissioner Flescher requested an estimated dollar amount for maintaining the
property. Vice Chairman Adams confirmed that the annual cost associated with the
City of Fellsmere's Historical Cemetery was $2500.00 per year. , County
Administrator Jason Brown offered that the Road and Bridge Department could
incorporate the mowing of the property into their schedule for a nominal cost, and
stated that he was not aware of any substantial costs related to the property.
Administrator Brown relayed that the Historical Society would handle the public
search requests..
A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, 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
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
B. Commissioner Susan Adams, Vice Chairman
Indian River County Florida Page 18
Board of County Commissioners Meeting Minutes - Final December 18, 2018
C. Commissioner Joseph E. Flescher
D. Commissioner Peter D. O'Bryan
14.13.1. Added: Emergency Item, Travel to Tallahassee
Commissioner O'Bryan provided the Board with an invitation to serve on the
Volunteer Transition Committee for Governor -elect DeSantis. He explained that
travel may be necessary, and he requested the Board's approval.
A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to
approve travel expenses for Commissioner O'Bryan to serve on the Volunteer
Transition Committee for Governor -elect DeSantis. The motion carried by the
following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
The Board reconvened as the Board of Commissioners of the Emergency Services
District. The minutes will be approved at an upcoming Emergency Services
District meeting.
15.A.1. 18-2396 Approval of Minutes Meeting of August 14, 2018
Recommended Action: Approve
Attachments: 08142018 E S D
Approved
15.A.2. 18-2525 Approval of Minutes Meeting of October 2, 2018
Recommended Action: Approve
Attachments: 10022018ESD
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
to approve the Emergency Services District Meeting Minutes of August 14, 2018 and
October 2, 2018. The motion carried by the following vote:
15.A.3. 18-2607 FY 2017-2018 Records Disposition Compliance Statement and Records
Indian River County Florida Page 19
Board of County Commissioners Meeting Minutes - Final December 18, 2018
Management Liaison Officer Form for the Indian River County Emergency
Services District
Recommended Action: It is recommended that the Chairman be authorized to sign the Records
Management Compliance Statement for Fiscal Year 2017 - 2018 for the Indian
River County Emergency Services District
Attachments: Staff Report
Florida Department of State Letter Dated 11/1/18
Records Management Compliance Statement
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
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
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid Waste Disposal
District. The minutes will be approved at an upcoming Solid Waste Disposal
District meeting.
15.6.1. 18-2586 Approval of Minutes Meetings of October 16, 2018
Recommended Action: Approve
Attachments: 10162018SW DDdraft
Approved
15.6.2. 18-2581 Approval of Minutes Meeting October 23, 2018
Recommended Action: Approve
Attachments: 10232018SW DD
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
to approve the Solid Waste Disposal District Meeting Minutes of October 16, 2018 and
October 23, 2018. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
15.6.3. 18-2605 FY2017-2018 Records Disposition Compliance Statement and Records
Indian River County Florida Page 20
Board of County Commissioners Meeting Minutes - Final December 18, 2018
Management Liaison Officer Form for the Indian River County Solid Waste
Disposal District
Recommended Action: It is recommended that the Chairman be authorized to sign the Records
Management Compliance Statement for Fiscal Year 2017 - 2018 for the Indian
River County Solid Waste Disposal District
Attachments: Staff Report
Florida Department of State Letter Dated 11/1/18
Records Management Compliance Statement
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
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
C. Environmental Control Board
16. ADJOURNMENT
County Administrator Jason Brown made mention that there would be a ceremony
at 4:00 p.m. at the North County Regional Park to rename the park "Commissioner
Fran B. Adams Park". The public was invited to attend.
There being no further business, the Chairman adjourned the meeting at 11:06 a.m.
Indian River County Florida Page 21
Board of County Commissioners Meeting Minutes — Final
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:
Deputy C er c
BCC/RDZ/2018 Minutes
December 18, 2018
• J`,�yr�OhtiM�ss�o�✓F
Bob Solari, Chairman
•'9��FR COUNN.
Approved:
MAR 12 2019
Indian River County Florida Page 22