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HomeMy WebLinkAbout05/14/2019Indian 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, May 14, 2019 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 May 14, 2019 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.B. INVOCATION Pastor Jeremy Rebman, First United Methodist Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams, Vice Chairman At this time, the Chairman made a public announcement regarding an Executive Session requested by the Indian River County Sheriffs Office, scheduled for May 28, 2019 at 9:30 a.m. Present will be the Board of County Commissioners, County Administrator Jason Brown, and Undersheriff James Harpring. The purpose of the meeting will be to discuss the resolution of an impasse related to the Indian River County Sheriff's Office and the International Union of Police Associations (IUPA) Collective Bargaining Agreement. 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Move: Item 13.B. Pre -Trial Services to follow Item 5.C. 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 Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5. PROCLAMATIONS and PRESENTATIONS 5.A. 19-0281 Presentation of Proclamation Designating the Month of May, 2019, as Mental Health Awareness Month Recommended Action: Recommend Read and Present Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final May 14, 2019 Attachments: Proclamation Vice Chairman Adams read and presented the Proclamation to Brett Hall of the Mental Health Collaborative, who was accompanied by representatives from the Florida Department of Health, Indian River County; School District of Indian River County; University of Florida; Cleveland Clinic Behavioral Health Center; Public Defender's Office; Treasure Coast Community Health Care; Mental Health Association Indian River County; Suncoast Mental Health Center; and Legacy Behavioral Health. A brief discussion followed about the services offered by the McCabe Connections Center and the Mental Health Association. Read and Presented 5.B. 19-0321 Presentation of Proclamation Designating the Month of May, 2019, as Foster Care Awareness Month Recommended Action: Read and Present Attachments: Proclamation Commissioner Zorc read and presented the Proclamation to representatives of Devereux Community Based Care; Camelot Community Care; Place of Hope Treasure Coast; Mount Bethel Human Services Corporation; and 4KIDS, Inc. Treasure Coast. Caryn Toole, Devereux Community Based Care, spoke to the need for foster parents in Indian River County. Commissioner Zorc announced that the informational program on Foster Care will take place on May 14, 2019 at the Hampton Inn. The Family Fun Day event will take place on June 1, 2019 at the Vero Bowl. Read and Presented 5.C. 19-0373 Presentation of Proclamation Designating the Week of May 18 Through May 24, 2019, as National Safe Boating Week. Recommended Action: Recommend Read and Present. Attachments: Proclamation Commissioner O'Bryan read and presented the Proclamation to Franc Eyberse, United States Coast Guard Auxiliary Flotilla 5-6 (56) who was accompanied by several auxiliary members. Mr. Eyberse described the mission of the flotilla, Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final May 14, 2019 detailed the services they provide, and thanked the Board for recognizing the organization. Read and Presented 6. APPROVAL OF MINUTES 6.A. 19-0410 Regular Meeting of March 26, 2019 Recommended Action: Approve Attachments: 03262019BCC Draft Approved 6.B. 19-0381 Regular Meeting of April 2, 2019 Recommended Action: Approve Attachments: 04022019BCC Draft Approved 6.C. 19-0407 Regular Meeting of April 9, 2019 Recommended Action: Approve Attachments: 04092019BCC Draft A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve the Regular Meeting Minutes of March 26, 2019; April 2, 2019; and April 9, 2019 as written. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 19-0403 Proclamation Honoring Catherine Daniel on Her Retirement From Indian River County Board of County Commissioners Department of Public Works Facilities Management Division with Twenty -Eight Years of Service Attachments: Proclamation Chairman Solari congratulated Catherine Daniel on her retirement after twenty-eight years of service to the County. No Action Taken or Required 8. CONSENT AGENDA Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final May 14, 2019 A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, 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. 19-0396 Checks and Electronic Payments April 26, 2019 to May 2, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of April 26, 2019 to May 2, 2019 Attachments: Finance Department Staff Report Approved staffs recommendation 8.B. 19-0390 Local Option Gas Tax Distribution Percentages Recommended Action: Staff recommends approval of the 2019/2020 revenue distribution percentages Attachments: Staff Report Local Option Gas Tax 2019 Chart Approved staffs recommendation 8.C. 19-0406 Amendment to DEO Grant - Living Shoreline Recommended Action: Staff recommends the Board approve the DEO Grant Amendment Agreement and authorize the Chairman to sign two (2) copies of the Amendment Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment Agreement to the DEO for final signatures. Upon receipt of the fully executed original Amendment Agreement from the DEO, staff will transmit to the Clerk to the Board of County Commission for recording Attachments: Staff Report DEO Grant Amendment Agreement Approved staffs recommendation 8.D. 19-0397 Work Order No. 9, MBV Engineering, Inc. Jackie Robinson Training Complex (FKA Historic Dodgertown) 1st and 3rd Base Concession Stands, IRC -1907 Staff recommends approval of Work Order No. 9 to MBV Engineering, Inc. authorizing the professional services as outlined in the Scope of Work and authorize the Chairman to execute Work Order No. 9 on their behalf for a lump sum amount of $78,750.00. Recommended Action: Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final May 14, 2019 Attachments: Staff Report MBV Engineering, Inc. Work Order No. 9 Approved staffs recommendation 8.E. 19-0398 Grant of Easement to Florida Power and Light (FPL) on 43rd Avenue for 43rd Avenue Waterway Village Improvements, IRC -1717 Staff recommends the Board of County Commissioners approve the Easement to FPL and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. Recommended Action: Attachments: Staff Report Easement Approved staffs recommendation 8.F. 19-0399 Approval of Release of Retainage and Final Payment under a Contract Agreement with Indian River Docks, LLC for Dock Restoration at the Archie Smith Fish House Recommended Action: Staff recommends that the Board of County Commissioners approve release of retainage and authorize staff to make final payment to Indian River Docks, LLC for the Archie Smith Fish House dock restoration project. Attachments: Staff Report Indian River Docks LLC Contract Agreement Change Order to IR Docks LLC Contract Agreement IR Docks LLC Final Invoice Approved staffs recommendation 8.G. 19-0400 Indian River County Library System Policies and Procedures Manual Recommended Action: Staff respectfully requests that the Board of County Commissioners approve the updated Library System Policies and Procedures Manual effective immediately. Attachments: Staff Report Library Policies & Procedures 05-08-2019 Approved staffs recommendation 8.H. 19-0414 Ranking of Firms for RFP 2019037 - Oslo Riverfront Conservation Area Wetland Overlook Reconstruction Recommended Action: Staff recommends the Board approve the committee's final ranking of firms and authorize the Parks and Conservation Resources Division to negotiate with the top Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final May 14, 2019 ranked firm, and subsequent ranked firms, should negotiations with higher ranked firms fail. Attachments: Staff Report Approved staffs recommendation with the final ranking of firms as follows: 1. Summerlin's Marine Construction; 2. Brothers' Construction, Inc.; and 3. Underwater Engineering Services, Inc. (UESI). 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 19-0416 Indian River County 2019 State Legislative Final Report Recommended Action: No Action Recommended or Required Attachments: Staff Report 2019 State Legislative Final Report For their advocacy of County issues, County Administrator Jason Brown thanked Senator Debbie Mayfield and her assistant Margaret Mitchell, and Representative Erin Grail and her assistant Ed Barenborg. He reviewed the information contained in the Indian River County 2019 State Legislative Final Report, providing details on legislation related to Water Quality Projects; High Speed Passenger Rail; Biosolids; House Bill 829; Foreign Trade Zone; Beach Restoration; Texting While Driving; Short Term Vacation Rentals; and the State Housing Initiatives Partnership Program (SHIP). Administrator Brown noted that House Bill 771, which included a ban on plastic straws, was vetoed by Florida Governor Ron DeSantis. Concluding his presentation, Administrator Brown gave a synopsis of other significant legislation which passed during the Legislative Session that ended May 4, 2019. Commissioner O'Bryan made mention that Governor DeSantis had written a letter of explanation, which purportedly supported local government, regarding his veto of the plastic straw ban. The Board consensus was to have Chairman Solari send a letter thanking Governor DeSantis for his support of local government, if this is deemed to be appropriate after review of the Governor's letter. Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final May 14, 2019 Commissioner Zorc posited that local businesses can now apply for their foreign trade zone subzone number, and expressed dismay that SHIP has not been fully funded. No Action Taken or Required 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 12.C.1. 19-0415 Recommended Action: Staff Report and Update to the Indian River County Board of County Commissioners - Pickleball in Indian River County, Florida Staff recommends that $50,000 of the $450,000 in FY 2021/22 be moved forward and allocated into the FY 2019/20 CIE, in order to complete site planning, construction plans, permitting and construction estimates for a pickleball complex at Dick Bird Park. Attachments: Staff Report Comprehensive Plan/CIE Pages A-7 & A-8 Director of Parks & Conservation Resources Kevin Kirwin recalled the County Commission Meeting of March 26, 2019, at which Mari Colacino, on behalf of Pickleball University, Inc., had requested that funding for a pickleball complex be made available sooner than the currently planned for Fiscal Year 2021/22 Capital Improvement Element (CIE). He provided background on existing pickleball courts, noting that the City of Vero Beach Council authorized Pickleball University to raise funds to upgrade the courts at Pocahontas Park. Director Kirwin stated that the available funding to develop a pickleball complex at Dick Bird Park has been included in the Fiscal Year 2021/22 CIE, and invited questions from the Board. Responding to the Board's questions and comments, Director Kirwin spoke to the proposed courts at Dick Bird Park, and Pickleball University's Go Fund Me initiative. He also affirmed staff's intention that funding for the Pickleball courts would not impact the County's other recreational venues. Mari Colacino, President of Pickleball University, discussed the progress being made on the Pocahontas Park courts and advocated for staff's recommendation. She thanked the Board and staff, and noted the importance of the County planning for adequate parking at the recreational facility. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final May 14, 2019 Discussion ensued, with input from County Administrator Jason Brown, about public/private partnerships. Director Kirwin clarified that this item will be coming back to the Board in the CIE in December 2019. Chairman Solari suggested that staff keep the dialogue open with the Pickleball University members. 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 The Chairman called a recess at 10:23 a.m., and reconvened the meeting at 10:34 a.m., with all members present. 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G Utilities Services 12.6.1.19-0413 Modifications to Septic Hauler Agreement for the Residuals Dewatering Facility Recommended Action: Staff recommends that the Indian River County Board of County Commissioners approve the requested changes to the Application and Agreement for Disposal of Septage, Food Establishment Sludge and Portable Restroom Wastewater. Staff requests that the implementation of the changes take effect June 1, 2019 Attachments: Staff Report Draft of Application and Agreement - June 2019 Blank Portable Restroom -Holding Tank Route Sheet Director of Utility Services Vincent Burke provided background on the Septic Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final May 14, 2019 Hauler Agreement for Disposal of Septage, Food Establishment Sludge, and Portable Restroom Wastewater at the County Residuals Dewatering Facility (RDF). He detailed staffs proposed modifications to the Agreement, as outlined in staffs report, and affirmed that all of the haulers will be provided with the updated agreement. Amy Robinson asked if there were any prospective septic to sewer projects for homes south of 17th Street on the barrier island. County Administrator Jason Brown advised that the City of Vero Beach is the provider of sewer services on the south barrier island. 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 13. COUNTY ATTORNEY MATTERS 13.A. 19-0368 ' County Attorney's Annual Employment Agreement Recommended Action: The County Attorney recommends that the Board review the proposed agreement, and decide whether to approve the agreement and authorize the Chairman to sign it. Attachments: Staff Report DTR Contract (2019-2020) County Attorney Dylan Reingold invited the Board to consider the renewal of his employment contract for another year. He also thanked and commended his legal team on their work. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve the renewal of the Employment Agreement between the County and the County Attorney Dylan Reingold for a term of one year commencing July 1, 2019. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13.B. 19-0404 Pretrial Services Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners authorize to the County Attorney's Office to work with the Indian River County Sheriff's Office and the St. Lucie County Pretrial Program on gathering a more definitive cost estimate for providing services in Indian River County. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final May 14, 2019 Attachments: Staff Report Pretrial Supervision Program Handout Interlocal Agreement between St. Lucie County and Martin County Memorandum from Ray P. Hudson to Sheriff William D. Snyder, dated June 11,2018 (Clerk's Note: This item was heard following Item S.C. and is placed here for continuity). County Attorney Dylan Reingold provided information on St. Lucie County's Pretrial Program (the Program), which provides various services that enable a defendant to stay out of jail prior to trial. He disclosed that St. Lucie County currently uses the Program as well as providing it to Okeechobee and Martin Counties, and that the Indian River County Public Safety Council for Criminal Justice, Mental Health and Substance Abuse voted unanimously to support offering the Program in Indian River County. Attorney Reingold asked for authorization to return to the Board with a more definitive cost estimate for providing the Program in the County. St. Lucie County's Criminal Justice Coordinator Roy Hudson provided statistics on how much money the Program has saved St. Lucie and Martin Counties. Sheriff Deryl Loar gave his perspective on the Program with respect to the criminal justice needs of Indian River County. He advocated that the Sheriffs Office continue to work with Mr. Hudson and other relevant parties to determine the potential cost benefits of the Program. Commissioner Zorc reflected that although the Sheriffs operating costs would remain the same, the Program could forestall the need to open the "E Building," the prison's additional housing facility. Discussion continued about the societal benefits of the Program, prospective costs and savings, and the Sheriff's costs for housing inmates. . County Administrator Jason Brown advocated researching the Program further before bringing this matter back to the Board. Commissioner O'Bryan requested staff return with an accounting of the incremental costs per inmate. Chief Judge Metzger advocated for the Program, which she stated would enhance public safety. A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve staffs recommendation. Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final May 14, 2019 13.C. 19-0412 Request for Permission to Advertise: Retail Sale of Dogs and Cats Recommended Action: Discuss the proposed ordinance amendment and direct staff to either proceed with advertising with the code amendment or decide that no amendment is needed at this time. Attachments: Staff Report Article Proposed Ordinance Deputy County Attorney Bill DeBraal recalled discussion from the October 16, 2018 County Commission meeting at which Nicole Capobianco addressed the Board about banning the retail sale of puppies that were born in "puppy mills" and cited cases where sick animals were purchased at Pets Around the World II. He noted that Greg Doherty, owner of Pets Around the World II, was also present at that meeting. Attorney DeBraal recapped the conditions associated with the sale of pets at retail pet stores, and advocated for the County to pursue an Ordinance amendment to ban such sales. He explained that shelters and rescue organizations would still be permitted to sell pets, as would hobby breeders. Attorney DeBraal advised the Board that the proposed Ordinance amendment would be modeled on the Ordinance used in Seminole County, and the language would be inclusive of "kitten factories" as well as "puppy mills." Responding to a query about the definition of "Hobby Breeder" in the proposed ordinance, Attorney DeBraal stated he would be working on harmonizing the existing Indian River County code with the proposed Seminole County model ordinance. Commissioner O'Bryan made mention that he supported moving forward on this issue and that he had some suggestions for wording. Nicole Capobianco, 7065 21st Street SW, expressed her appreciation to the Board for addressing this matter. In turn, she was thanked by Commissioner Flescher for her dedication in resolving this matter. Kate Meghji, 2125 Buena Vista Boulevard, Executive Director of the Humane Society, spoke on the lack of best practices for pet stores nationwide, commended the Board, and offered assistance with the language in the Ordinance. Amy Robinson, 1935 Surfside Terrace, suggested imposing a breeder's tax and establishing a quota on the number of animals sold by hobby breeders. A motion was made by Commissioner Flescher, 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 Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final May 14, 2019 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc Commissioners Open Dialogue 19-0402 Commissioners Open Dialogue Recommended Action: Discussion Only - No Action Required Attachments: Informational Memorandum Commissioner Zorc announced that a Foster Care forum would be held at the Vero Beach Hampton Inn; reported that the American Aviation University is seeking to bring a training facility to the Vero Beach Regional Airport; and discussed the possibility of a fee-based natural gas line extension to the jail. Vice Chairman Adams reported that the Code Enforcement Officer addressed and provided brochures to the residents of Vero Lake Estates; acknowledged the County's and staffs social media informational postings; and announced that Dr. James Sullivan will be giving a presentation on algae at the Treasure Coast Regional Planning Council. Commissioner O'Bryan reported that the unemployment rate in the County was 3.7%, and announced that the Treasure Coast Regional Planning Council would be hosting a tour of the McLarty Ranch Water Storage/Treatment Project. Commissioner Flescher thanked the governor and others who worked on passage of the Texting While Driving bill. 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final May 14, 2019 16. ADJOURNMENT There being no additional business, the Chairman adjourned the meeting at 11:10 a.m. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes — Final May 14, 2019 ATTEST: 4111111, Jeffrey :� 't ', OA, F • , A Clerk of Circuit Court and Comptroller B De . ty Clerk BCC/MG/2019 Minutes Bob Solari, Chairman Approved: July 2, 2019 =O: RiVER Indian River County Florida Page 14