HomeMy WebLinkAbout07/02/2019 (2)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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
Jacqueline Rizzo, Recording Secretary
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
1. CALL TO ORDER
2. 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
Rev. Joe Moxley, Asbury United Methodist Church
3. PLEDGE OF ALLEGIANCE
Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan,
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
5.A. 19-0535 Presentation of Proclamation Honoring Gary Dilts on His Retirement From
Indian River County Board of County Commissioners Department of Utility
Services / Wastewater Treatment Division with Twenty -Seven Years of
Service
Attachments: Proclamation
Chairman Solari read and presented the Proclamation to Gary Dilts and thanked
him for his 27 years of service.
Read and Presented
5.B. 19-0580 Presentation of Proclamation Designating the Month of July, 2019, As Parks
and Recreation Month
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Chairman Solari read and presented the Proclamation to the Director of Parks and
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Conservation Resources Kevin Kirwin, who was accompanied by various staff
members of the Recreation Department.
Read and Presented
5.C. 19-0586 Presentation of Cost Share Award of $1.5 Million for the Moorhen Marsh
Low Energy Aquatic Plan System Project by Abby Johnson,
Intergovernmental Coordinator Government Affairs, St. Johns River Water
Management District
Recommended Action:
Presentation
St. John's River Water Management District (SJRWMD) Intergovernmental
Coordinator Abby Johnson presented to the Board a facsimile of the SJRWMD
Cost Share Program's grant award to the County for the Moorhen Marsh Low
Energy Aquatic Plant System Plan. Governing Board Member Doug Bournique
spoke in support of the project and the common goals of working towards a clean
Indian River Lagoon.
Commissioner O'Bryan thanked County Stormwater Engineer Keith McCully for
creating the project and intervening on the County's behalf with regards to
Sunbreak Farms.
Presented
6. APPROVAL OF MINUTES
6.A. 19-0552 Regular Meeting of May 7, 2019
Recommended Action: Approve
Attachments: 05072019BCC draft
Approved
6.B. 19-0555 Regular Meeting of April 23, 2019
Recommended Action: Approve
Attachments: 04232019BCC Draft
Approved
6.C. 19-0560 Regular Meeting of May 14, 2019
Recommended Action: Approve
Attachments: 05142019 BCC -Draft
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams,
to approve the Regular Meeting Minutes of April 23, 2019, May 7, 2019, and May 14,
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. 19-0532 Proclamation Honoring Ronald Baxter on His Retirement From Indian River
County Board of County Commissioners Department of Public Works Road
& Bridge Division with Thirty -Two Years of Service
Attachments: Proclamation
Chairman Solari acknowledged Ronald Baxter for his 32 years of service with the
Public Works/Road & Bridge Division.
No Action Taken or Required
7.B. 19-0558 Proclamation Honoring Richard Strickland on His Retirement From Indian
River County Board of County Commissioners Department of Emergency
Services/Fire Rescue with Twenty -Five Years of Service
Attachments: Proclamation
Chairman Solari thanked Richard Strickland for his 25 years of service with the
Department of Emergency Services/Fire Rescue Division.
No Action Taken or Required
7.C. 19-0559 Proclamation Honoring Eric Williams on His Retirement From Indian River
County Board of County Commissioners Department of Emergency
Services/Fire Rescue with Thirty Years of Service
Attachments: Proclamation
Chairman Solari congratulated Eric Williams on his 30 years of service with the
Department of Emergency Services/Fire Rescue Division.
No Action Taken or Required
7.D. 19-0550 Indian River County Venue Event Calendar Review
Recommended Action: This is an informational item only; no Board action is required.
Attachments: Staff Report
No Action Taken or Required
7.E. 19-0536 Landfill Closure and Collection Service Changes for the July 4th Holiday
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Recommended Action: For informational purposes only - no action required.
Attachments: Staff Report
No Action Taken or Required
7.F. 19-0545 City of Vero Beach Ordinance 2019-01, Amending the Comprehensive Plan
Future Land Use Map, is on file for review in the Office of the Clerk to the
Board
Recommended Action:
7.G. 19-0561
Information Only
No Action Taken or Required
City of Vero Beach Ordinance 2019-02, Amending the Official Zoning Map,
is on file for review in the Office of the Clerk to the Board
Recommended Action: Information Only
No Action Taken or Required
7.H. 19-0570 Update on All Aboard Florida Expenses
Recommended Action: No Action Needed
Attachments: Staff Report
All Aboard FL expenses
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the Consent Agenda, pulling Items 8.H., 8.1., and 8.J. for discussion. The
motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
8.A. 19-0534 Checks and Electronic Payments June 7, 2019 to June 13, 2019
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of June 7, 2019 to June 13, 2019
Attachments: Finance Department Staff Report
Approved
8.B. 19-0538 Checks and Electronic Payments June 14, 2019 to June 20, 2019
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of June 14, 2019 to June 20, 2019
Attachments: Finance Department Staff Report
Approved
8.C. 19-0530 Work Order No. 16, Kimley-Horn and Associates, Inc., Bridge Repairs for
CR -512 Bridges over the St. Sebastian River (IRC -1727)
Recommended Action: Staff recommends approval of Work Order No. 16 with Kimley-Horn and
Associates, Inc. authorizing the professional services as outlined in the Scope of
Work and authorize the Chairman to execute Work Order No. 16 on their behalf for
a lump sum amount of $23,905.00.
Attachments: Staff Report
Kimlev-Horn and Associates, Inc. Work Order No. 16
Field Photos - CR -512 Bridges
Approved staffs recommendation
8.D. 19-0533 Amendment No. 3 to Agreement for Professional Services with Bowman
Consulting Group, Ltd. 58th Avenue Reclamation 57th Street to 85th Street
(IRC -1325)
Staff recommends the Board of County Commissioners approve Amendment No.3
for a lump sum fee of $29,139.00 and requests the Board of County Commissioners
authorize the Chairman to execute Amendment No. 3 on their behalf.
Recommended Action:
Attachments: Staff Report
Amendment No. 3 with Bowman Consulting Group, Ltd.
Approved staffs recommendation
8.E. 19-0551 One Month Renewal of Lease for North County Offices
Recommended Action: Staff recommends the Board approve the lease renewal rate as proposed for the
North County Offices and authorize the Chairman to execute the Lease Renewal
Agreement.
Attachments: Staff Report
Renewal of Lease Agreement
Approved staffs recommendation
8.F. 19-0543 First Renewal and Modification of Annual Bid 2018057 for Medical Supplies
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Recommended Action:
Staff recommends the Board approve the amended award to Bound Tree Medical
and Concordance Healthcare Solutions, LLC and authorize the Purchasing Division
to issue/extend blanket purchase orders through May 10, 2020 with both vendors.
Staff also recommends the Board authorize the Purchasing Manager to renew this
bid for one additional one year period subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this annual bid is in the best
interest of Indian River County.
Attachments: Staff Report
Approved staffs recommendation
8.G. 19-0547 Ranking of Firms for RFP 2019056 - Annual Contract for Motor and Pump
Repair
Staff recommends the Board approve the committee's final ranking of firms and
authorize the Department of Utility Services to negotiate with the two top ranked
firms, and subsequent ranked firms, should negotiations with higher ranked firms
fail.
Recommended Action:
Attachments: Staff Report
Approved staffs recommendation, with the final ranking of firms being: Florida
Armature Works; Kaman Industries; Tampa Armature Works; and Barney's Pumps.
8.H. 19-0563 Award of Bid 2019057 - Annual Bid for Asphalt Paving and Resurfacing
Recommended Action:
Staff recommends the Board award Bid 2019057 to All Paving, Inc. and
Community Asphalt Corp. and authorize the Purchasing Division to issue blanket
purchase orders for the period of July 2, 2019 through July 1, 2020 to the
recommended bidders. Staff also recommends the Board authorize the Purchasing
Manager to renew this bid under the same terms and conditions for two additional
one-year periods subject to satisfactory performance, vendor acceptance, and the
determination by Public Works that renewal of this annual bid is in the best interest
of Indian River County.
Attachments: Staff Report
Commissioner O'Bryan sought and received confirmation that Director of Public
Works Rich Szpyrka felt confident that Community Asphalt Corp. had resolved
their interoffice conflict and could be used as a backup vendor.
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
8.1. 19-0583 Tourist Development Council 2019/2020 Budget Recommendations
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Recommended Action:
Staff recommends that the Board of County Commissioners approve the funding
amounts recommended by the Tourist Development Council as shown in Table 2
for the total allocation of $998,450 and authorize the County Attorney to prepare
standard grant agreements for all funding recipients.
Attachments: Staff Report
City of Vero Beach Councilwoman Laura Moss discussed the Tourist Development
Council (TDC) recommendations for the Tourist Tax revenue, objecting to the
proposed increases for the Indian River County and Sebastian Chambers of
Commerce. She questioned the use of tourist tax revenues to fund salaries within
the Chambers of Commerce, as well as the timing of the Chambers' presentations to
the TDC. Councilwoman Moss urged the Board to continue funding for the
Cultural Council and the Chambers at the same level as Fiscal Year 2018/2019.
Commissioner Flescher provided clarity regarding the timing of the Chambers'
presentations, commended the current TDC, and attested to the Chambers'
effectiveness at promoting tourism in the County.
Councilwoman Moss continued addressing the Board with comments about the two
Chambers and their budgets.
Vice Chairman Adams, Chair of the TDC, spoke in support of the TDC's
procedures and the Chambers.
The Board consensus was for the County Attorney to conduct a legal review of the
TDC guidelines.
County Administrator Jason Brown welcomed the review of the TDC guidelines by
the County Attorney. He also pointed out that there was an accounting function
dedicated to the Tourist Development portion of the Chambers, separate from the
traditional part of the Chambers. He noted that the County's Tourist Tax has
doubled since the economic downturn.
Jennifer Bates, Owner/Operator Tourist Accommodations appointee to the TDC,
spoke of the promotional work done by the Chambers to attract tourists, and
supported the additional tourist tax funding.
Dori Stone, President, Indian River County Chamber of Commerce, thanked the
Board for its support of the Chambers and announced that a detailed review of how
the Chambers utilize the tourist taxes will be presented in September 2019.
Amber Batchelor, President, Sebastian River Area Chamber of Commerce,
discussed the work of the Chambers, its fiscal responsibility, and thanked the Board
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
for its support.
Barbara Hoffman, Executive Director, Cultural Council of Indian River County,
thanked the Board for its support, and discussed the work of the Council in
promoting the cultural arts/tourism.
A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher,
to approve staff's recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
8.J. 19-0564 Children's Services Advisory Committee Recommended Program Funding
Allocations for FY 2019/2020
Recommended Action: Staff respectfully requests that the Board of County Commissioners approve
CSAC's program funding recommendations for FY 2019/20.
Attachments: Staff Report
CSAC Recommended Program Funding FY2019-20 pdf
Memo Children's Funding Allocation FY2019-20
Dr. Nick Coppola, CEO, Mental Health Association (MHA), addressed the Board
about the funding allocations requested by the Children's Services Advisory
Committee (CSAC) for Fiscal Year 2019-20. He stated that mental health issues
are the largest threat to our society and commented on the high teenage suicide
rates in the United States. Dr. Coppola noted that the program name on the
CSAC's grant allocation list should be corrected from the MHA Walk -In and
Counseling Center to the School Violence and Suicide Prevention program.
Chairman Solari stated that it would be beneficial to have a representative from the
mental health community engaged with the CSAC.
County Administrator Jason Brown responded to Commissioner Zorc's inquiry
about whether there was an opportunity for the MHA to receive additional funding.
Commissioner O'Bryan added input to CSAC's procedures/goals for compiling the
allocations, and advocated that the Board stick with CSAC's recommendations as
presented.
Dr. Coppola reappeared before the Board to further discuss the importance of
addressing mental health issues, and announced his intention to have a
representative from the mental health community become engaged with the CSAC.
Jeanne Shepherd, Clinical Director, MHA, reported that the County's 2017
Community Health Needs Assessment Report for Indian River County revealed that
the largest issues in our community pertained to mental health and lack of access to
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Meeting Minutes - Final July 2, 2019
care. She urged the Board to look at the true meaning behind Ordinance 99-01 that
governs the CSAC.
Laura Moss, City of Vero Beach Councilmember, spoke in support of Dr. Coppola's
request.
Bob Schlitt, Chairperson of the CSAC Grant Subcommittee, disclosed that there
were many grant applicants, and each applicant was given a total of twenty (20)
minutes for their presentations, including discussion time. He discussed the
CSAC's priorities and affirmed that mental health was taken into consideration in
each of the four (4) priority areas. He also responded to Commissioner Zorc's
query on how the grant recipients were selected.
Wilfred Hart, 617 19th Place SW, advocated for the County to provide additional
funding for mental health.
Miranda Hawker, County Health Officer, Florida Department of Health, and Chair
of the CSAC, said the committee's priorities are going to be driven by the
assessment report, and that the CSAC's Grant Subcommittee carefully reviews all
of the information when considering funding allocations.
A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to
approve Staffs recommendation. The motion carried by the following vote:
Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner
O'Bryan
Nay: 1 - Commissioner Zorc
The Chairman called a recess at 10:36 a.m., and reconvened the meeting at 10:45
a.m., with all members present.
8.K. 19-0569 Award of Bid No: 2019058 Jones Pier Residences Repair
Recommended Action:
Staff recommends that the project be awarded to Summit Construction of Vero
Beach, LLC, and recommends that the Board of County Commissioners approve
the sample agreement and authorize the Chairman to execute said agreement after
receipt and approval of the required Public Construction Bond and certificate of
insurance and after the County Attorney has approved the agreement as to form and
legal sufficiency.
Attachments: Staff Report
Sample Agreement Bid 2019-058 Jones Repairs
Approved staffs recommendation
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
8.L. 19-0581 Work Order Number 1, Masteller & Moler, Inc. - Continuing Engineering
Services RFP 2018008 - Hobart Park Baseball Fields
Staff respectfully recommends approval of Work Order Number 1, Hobart Parks
Baseball Fields Continuing Consulting Engineering Services Agreements for RFP
2018008 with Masteller & Moler, Inc. authorizing the professional services as
outlined in Exhibit A, and request the Board authorize the Chairman to execute
Work Order Number.
Recommended Action:
Attachments: Staff Report
WorkOrder No1 IRC -1759
8.M. 19-0576
Recommended Action:
Approved staffs recommendation
Resolutions Cancelling Taxes on Properties Acquired by the City of
Fellsmere for Public Purposes
Authorize the Chairman of the Board of County Commissioners to execute the
Resolutions to cancel current and future ad valorem taxes upon these publicly
owned lands, and the Clerk to send a certified copy of each Resolution to the Tax
Collector and Property Appraiser so that the current ad valorem taxes and future ad
valorem taxes may be cancelled.
Attachments: Staff Report
Letter Request
Resolution (Tarpon IV, LLC)
Resolution (Pacific Financial, LLC)
Resolution (Gholam Reza Torkaman)
Approved Resolution 2019-045, cancelling certain taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes (Tarpon IV, LLC); Resolution 2019-046,
cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes (Pacific Financial, LLC); and Resolution 2019-047, cancelling certain
taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes
(Gholam Reza Torkaman).
8.N. 19-0577 Resolution Amending Resolution No. 2019-018 with regard to Cancellation
of Taxes
Authorize the Chairman of the Board of County Commissioners to execute the
Resolution amending Resolution No. 2019-018, and the Clerk to send a certified
copy of the Resolution to the Tax Collector and the Property Appraiser for their
records.
Recommended Action:
Attachments: Staff Report
Resolution
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
8.0. 19-0578
Recommended Action:
Approved Resolution 2019-048, amending Resolution 2019-018 (to correct the legal
description) with regard to cancelling certain taxes upon publicly owned lands,
pursuant to Section 196.28, Florida Statutes (purchase from Central Groves Corp. for
66th Avenue widening project).
Resolutions Cancelling Taxes on Properties Acquired by Indian River
County for Public Purposes
Authorize the Chairman of the Board of County Commissioners to execute the
Resolutions to cancel certain taxes upon the properties acquired by Indian River
County for a public purpose, and the Clerk to send a certified copy of each
Resolution to the Tax Collector and the Property Appraiser so that any delinquent or
current taxes can be cancelled.
Attachments: Staff Report
Resolution (City of Vero Beach)
Resolution (EGV1 LLC)
Resolution (Star Suites)
Resolution (Scheefer)
Resolution (Central Groves Corp.)
Resolution (Seven Real Estate Holdings, LLC)
Approved Resolution 2019-049 (City of Vero Beach), Resolution 2019-050 (EGV1 LLC),
Resolution 2019-051 (Star Suites), Resolution 2019-052 (Scheefer), Resolution
2019-053 (Central Groves Corp.), and Resolution 2019-054 (Seven Real Estate
Holdings, LLC), cancelling certain taxes upon publicly owned lands, pursuant to
Section 196.28, Florida Statutes.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. 19-0546 19th Judicial Circuit Cynthia L. Cox, Circuit Judge: Award of the
2019/2020 Alcohol and Other Drug Abuse Treatment Fund And Designation
of Indian River County's Problem Solving Courts As A Chosen Program
Recipient
It is recommended that for the fiscal year 2019/2020, the Indian River County
Board of County Commissioners designate the Indian River County's Problem
Solving Courts as a chosen program recipient to receive up to $50,000 from the
Alcohol and Other Drug Abuse Trust Fund for use for substance abuse treatment
and testing for the drug court, mental health and veteran treatment court
participants in Indian River County that are indigent.
Recommended Action:
Attachments: 2019 IRC DATF Grant Application
Judge Cynthia Cox, 19th Judicial Court, reminded the Board that the Alcohol and
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Meeting Minutes - Final July 2, 2019
Other Drug Abuse Trust Fund was created based on court assessments and was to
be used for substance abuse and alcohol treatment. She elaborated on the current
opioid epidemic and pointed out that there were 500 individuals eligible, but only
80 were enrolled to participate in Drug Court. She expressed her concern that only
the privileged could afford the fee of $400.00 per month. Judge Cox further
explained that The Florida Supreme Court has mandated the Problem Solving
Courts become certified by 2020 and comply with Key Components and Standard
Best Practice 2, which include equity and inclusion.
Commissioner O'Bryan mentioned that he had attended a graduation ceremony and
was impressed with some of the graduate's testimony on how the program had
changed their lives, and assisted in getting them back on their feet. Commissioner
O'Bryan expressed that all the agencies pulled together to make the program a
success.
Judge Cox thanked the Board for their consideration.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
to approve the request to designate the Indian River County's Problem Solving
Courts as a chosen program recipient to receive up to $50,000 from the Alcohol and
Other Drug Abuse Trust Fund for use for substance abuse treatment and testing for
the drug court, mental health and veteran treatment court participants in Indian River
County that are indigent. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. 19-0541
Recommended Action:
Consideration of Request by Garrett Guidroz to Amend Land
Development Regulation (LDR) Section 932.07, Piers, Docks and Boat
Slips, by Revising a 400 Square Foot Footprint Restriction on Unwalled
Boat Shelters to be Consistent with Florida Department of
Environmental Protection (FDEP) and Other Jurisdictional Agency
Requirements [Legislative]
Staff recommends that the Board of County Commissioners adopt the proposed
ordinance revising unwalled boat shelter size restrictions.
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Attachments: Staff Report
LDR Amend Application
Florida Statutes Section 258.42
Florida Administrative Code Section 62-330.427
Sketch of Proposed Guidroz Dock
BCC 5/15/1991 Special Meeting Minutes
PZC 5/9/2019 Meeting Minutes
Proposed Ordinance
Interim Community Development Director Roland DeBlois presented a request
by Garrett Guidroz to amend Land Development Regulation (LDR) Section
932.07, Piers, Docks, and Boat Slips.
He explained that Mr. Guidroz had received approval from the Florida
Department of Environmental Protection (FDEP) to modify an existing dock on
his lot at 13380 North Indian River Drive.
Interim Director DeBlois gave a PowerPoint presentation of the LDR
requirements for boat slips, piers and docks, stating that FDEP does allow roofs
over boat lifts, provided it does not overhang more than one foot beyond the
footprint for the lift and the boat stored at the lift.
The Board sought and received answers from Interim Director DeBlois on the
size of the proposed boat shelter. Mr. Guidroz's proposed shelter satisfied the
2,000 square foot limit requirement.
Dr. David Cox, Periwinkle Lane, Summerplace, answered Commissioner
O'Bryan's concerns regarding the maximum size of the shelter.
A motion was made by Commissioner Zorc, seconded by Vice Chairman Adams,
to adopt Ordinance 2019-015, concerning Amendments to its Land Development
Regulations (LDRs); providing for Amendments to Chapter 932, Coastal
Management; by amending Subsection 932.07(3)(a), Unwalled shelters, of Section
932.07, Piers, docks and boat slips; and by providing for repeal of the conflicting
provisions; codification; severability; and effective date. The motion carried by
the following vote:
Aye: 3 - Vice Chairman Adams, Commissioner Flescher, and Commissioner Zorc
Nay: 2 - Chairman Solari, and Commissioner O'Bryan
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
10.C.1. 19-0548 Notice of Public Hearing for July 9, 2019: Glendale Baptist Church,
Inc.'s Request for Conceptual Site Plan and Special Exception Use
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Recommended Action:
Approval for Glendale Baptist Church and School [SP -CP -19-03-06 /
2004040365-83388] (Quasi -Judicial)
The referenced public notice item is provided for the Board's information. No
action is needed at this time.
Attachments: Staff Report
10.C.2. 19-0556
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
Public Notice of Public Hearing Scheduled for July 9, 2019 to Consider
Amending Chapter 105 (Purchasing) of the Code of Indian River County
[Legislative]
Attachments: Staff Report
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
12.D.1. 19-0585 Medical Plan Adjusted Phase in Rates for Retirees for Premier Silver
and Premier Gold Plans effective 10/1/2019
Recommended Action: Staff recommends and respectfully requests the Board of County
Commissioners approve, effective with the plan year beginning October 1,
2019, the Retiree Subsidy Monthly Premium amounts of $660.00 single and
$1,025.00 family for the Premier Silver Plan and premium amount of $730.00
single and $1,167.00 family for the Premier Gold Plan and to authorize a
second year phase in when the FY20/21 premiums are finalized. Any retiree
subsidies will be based upon these premiums.
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Meeting Minutes - Final July 2, 2019
Attachments: Staff Report
Human Resources Director Suzanne Boyll presented the Medical Plan adjusted
phase rates for retirees effective October 1, 2019. There would be no change for
the premium associated with the Premier Silver, but the Premier Gold medical
plan premium would be based upon the buy -up difference between the Silver
and the Gold plan.
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
E. Office of Management and Budget
12.E.1. 19-0573
Recommended Action:
Water & Sewer Revenue Refunding Bonds, Series 2009 Consideration
of Early Payoff
-Ids that the Board of Commissioners authorize staff to begin the process of
calling the $11,315,000 in remaining principle of the Water & Sewer Revenue
Refunding Bonds, Series 2009 on or after September 1, 2019.
Attachments: Staff Report
Management and Budget Director Kristin Daniels utilized a PowerPoint
Presentation to detail the Water & Sewer Revenue Refunding Bonds, Series
2009. She provided that the purpose of the issuance of the bonds was to
refinance the Series 1993A and 1993B Bonds. She furthered detailed the
history of the bonds and the estimated net savings, noting that a $2.9 million
reduction in debt service would allow for increased renewal and replacement
expenses to be addressed, including deferred expenses that was accumulated
during the downturn.
Budget Director Daniels stated that the Utility had another outstanding debt, the
Water and Sewer Revenue Refunding Note, Series 2015, of which staff did not
recommend an early payoff.
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
F. Public Works
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12.F.1. 19-0539
Update on Sea Turtle Nesting --Tabled from Board of County
Commission Meeting of June 18, 2019
Recommended Action: The recommendation of staff is to include the 2019 Sea Turtle Nesting Season
Update presentation on the Government TV channel
Attachments: Staff Report
Sea Turtle Nesting Season Update
12.F.2. 19-0572
County Environmental Specialist Quintin Bergman, Habitat Conservation Plan
(HCP) Coordinator, gave a PowerPoint presentation to update the 2019 Sea
Turtle Nesting Season which runs from March 1, 2019 through October 31,
2019. He stated that during this time, the County conducts turtle nesting
surveys daily on the County's 22.4 miles of beaches. He mentioned that there
are three species of turtles that nest on the County's beaches: Loggerhead,
Leatherback and Green, and as of June 28, 2019 there were 34 Leatherback,
487 Green and 3,580 Loggerhead turtle nests in the County.
HCP Coordinator Bergman mentioned Turtle Friendly Beach Behavior and
announced Turtle Walk Tours, Turtle Digs, and Turtle Release events were
available to the public.
No Action Taken or Required
Change Order No. 1, CR 512 Resurfacing & Shoulder Widening from
Myrtle Street to 125th Avenue Project (IRC -1305)
Recommended Action: Staff recommends approving Change Order No. 1 authorizing the addition of
242 -days of Contract time and additional funding in the amount of
$203,406.67. The new total contract price will be $2,119,723.64.
Attachments: Staff Report
Change Order No. 1
Public Works Director Richard Szpyrka presented his request for Change Order
No. 1 for County Road (CR) 512 Resurfacing and Shoulder Widening from
Myrtle Street to 125th Avenue project. He added that the contractor,
Community Asphalt Corp., encountered an unknown storm drain pipe which
would need to be relocated.
Director Szpyrka revealed that in addition to the relocation of the storm drain
pipe, the contractor had to revise the strain pole heights for the flashing beacon
lights at North Cypress Street to ensure minimum roadway clearance. He
continued that the contractor also requested an additional 242 days of contract
time to accommodate the utility conflict, design change, and material
manufacturing detailed in the work order.
Indian River County Florida
Page 16
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Director Szpyrka received and answered questions from the Board regarding
the project and the estimated time of completion.
A motion was made by Vice Chairman Adams, seconded by Commissioner
Flescher, to approve staff's recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
G Utilities Services
12.G.1. 19-0567 Update Regarding Amnesty, and Refund and Relinquishment of
Reserve ERUs--Tabled from Board of County Commission Meeting of
June 18, 2019
Recommended Action: This item was provided for information only. There is no board action
required at this time. Another update will be brought forward after the July 8,
2019, deadline for relinquishment of ERUs. If any accounts remain unpaid after
that date, those will be recommended for the foreclosure process.
Attachments: Staff Report
Summary of Reserve Account Activity
Director of Utility Services Vincent Burke presented an update to the Board
regarding the amnesty, refund and relinquishment of reserve Equivalent
Residential Unit (ERUs) associated with water and or sewer. He explained as
of May 2019, six reserve account holders remained outstanding, and certified
letters were sent to remind the account holders of the July 8, 2019 deadline.
The Board's direction was that staff would work with County Attorney Dylan
Reingold to proceed with foreclosure action per Florida Statute 153.67.
Director Burke announced that Mr. Isaac Gomez a representative of an account
holder, was present and wished to address the Board in respect to the account
holder's delinquency.
Mr. Isaac Gomez (Cookies and Crackers Corp.) 8910 US Highway 1, addressed
the Board with his request.
A discussion ensued among the Board and Staff regarding the Gomez account.
County Attorney Dylan Reingold suggested amending the Amnesty Ordinance,
however County Administrator Jason Brown voiced his objections to policy
concessions.
No Action Taken or Required
13. COUNTY ATTORNEY MATTERS
13.A. 19-0579 Pretrial Services Update
Indian River County Florida Page 17
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Recommended Action: The County Attorney's Office seeks further guidance from the Indian River County
Board of County Commissioners on the implementation of the Pretrial Program.
Attachments: Staff Report
Proposal for Pretrial Program Services for Indian River County
(Clerk's Note - This Item was heard following Item 10. C.2. and is placed here for
continuity.)
County Attorney Dylan Reingold stated that he was returning to the Board with a
more definitive projection on the cost to implement St. Lucie County's Pretrial
Program (the Program) Services in Indian River County, pursuant to Board
direction at the May 14, 2019 County Commission meeting. After presenting his
analysis on costs and non -monetary benefits, he affirmed his support for the
Program with one caveat. Attorney Reingold advised that a determination would
need to be made on who would be responsible for implementing and monitoring the
Program, as well as serving as the liaison with St. Lucie County.
Judge Cynthia Cox, 19th Judicial Circuit Court, pointed out that Indian River was
the only county in the 19th Judicial Circuit without the Program. She advocated
for the Board to bring the Program to the County.
Sheriff Deryl Loar stated that although he was supportive of the Program, he was
concerned that the projected cost savings of the Program might not be realized in
Indian River County.
A wide-ranging discussion ensued between the Board, staff, and the Sheriff as
various aspects of bringing the Program to the County were considered. Key
discussion items centered around the Board and staffs preference to have the
Sheriff administer the Program, and the Sheriff's uncertainty about what the true
costs would be. Commentary was also presented on what the benefits of the
Program would be.
Roy Hudson, St. Lucie Criminal Justice Coordinator, provided additional details on
the how the Program is administered in Martin County, where the sheriff oversees
the process.
Vice Chairman Adams and Commissioner Flescher individually expressed strong
support for instituting the Program in Indian River County.
Sheriff Loar requested an additional period of time to explore whether this is the
right Program for the Sheriff's Office.
Attorney Reingold affirmed that he would continue to work on this matter and
report
Indian River County Florida
Page 18
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
back to the Board in December 2019 with additional information.
A motion was made by Commissioner Zorc, seconded by Chairman Solari, to TABLE
this matter for six months. 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 11:56 a.m., and reconvened the meeting at 12:06
p.m. with all members present.
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
14.A.1. 19-0582 Biosolids--FDEP Rulemaking
Recommended Action: Discussion
Attachments: Commissioner's Memorandum
Chairman Solari referred to Director of Utility Services Vincent Burke to
address staffs concerns with the Florida Department of Environmental
Protection (FDEP) Rulemaking.
Director Burke stated that the FDEP conducted three (3) public hearings in
Tallahassee, Orlando and West Palm Beach. He added that he, along with
County Administrator Jason Brown, and Environmental Compliance Specialist
Eric Charest, attended the Orlando meeting to voice staffs concerns with
respect to the proposed rulemaking process where it involves biosolids.
Director Burke went over some of staffs concerns, such as the costs involved in
disposing of the biosolids if the municipalities could not land apply them and
who would be responsible for the costs. He believed that there was a
disconnect between the Institute of Food and Agricultural Sciences Extension
(IFAS) issues with the tissue and soil samples and the water quality issues the
FDEP has in its power to implement. Staff was requesting as part of their
submittal package to the FDEP that there would be required testing and
monitoring of all sites that have had land applications of biosolids. He
mentioned that the St. John River Water Management District (SJRWMD) had
limited water quality data on their website and added that staff highly
recommend that the FDEP look into requiring water quality monitoring at some
of the strategic locations in order to establish base line water quality data.
Director Burke communicated that the FDEP's public comment period will
close
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final July 2, 2019
July 29, 2019. All comments regarding the proposed Rule 62-640 Biosolids,
Florida Administrative Code, must be sent in writing or through the FDEP
portal. He made mention that the rulemaking process could take 12 to 18
months.
Chairman Solari stated that staff would be sending their concerns to the FDEP,
and he would also send a letter with his comments. He agreed there needed to
be monitoring on all sites that apply the biosolids, and expressed his concerns
with dumping phosphorus near Blue Cypress Lake. Chairman Solari spoke
with a member from the SJRWMD Board of the South Florida Water
Management District and they will be submitting their comments with FDEP as
well. He would also engage in a conversation with a representative from the
St. John River Water Management District to ask their Board to be a little more
aggressive with FDEP, and would try to coordinate an effort with St. Johns
River Keepers.
B. Commissioner Susan Adams, Vice Chairman
C. Commissioner Joseph E. Flescher
14.C.1. 19-0537
Proposal to name the Exposition Center at the IRC Fairgrounds in honor
of David Fleetwood
Recommended Action: Discussion
Attachments: Commissioners Memorandum
Commissioner Flescher acknowledged Mr. Fleetwood's dedication to the Parks
and Recreation Division, and to the Exhibition Center. He recommended that
the Exhibition Center at the Indian River County Fairgrounds be renamed "The
Fleetwood Center" in honor of the former Superintendent of the Parks Division,
David Fleetwood.
A motion was made by Commissioner Flescher, seconded by Chairman Solari, to
approve renaming the Exhibition Center at the Indian River County Fairgrounds
"The Fleetwood Center". The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
D. Commissioner Peter D. O'Bryan
14.D.1. 19-0542 Elevation Certificates
Recommended Action: Discussion
Indian River County Florida
Page 20
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Attachments: Commissioner's Memorandum
Elevation Certificate
FEMA Elev Cert and Instructions p.13
Email reponse from Mr. DeBlois
Commissioner O'Bryan advised that in order for the County's elevation
certificates to be in compliance with the Federal Emergency Management
Agency/Community Rating System (FEMA/CRS) program, they must be
submitted with the signature, date, and license number in the area designated
for the seal.
The Board consensus was to direct staff to ensure that all elevation certificates
were submitted with the signature, date, and license number included in the
area designated for the seal.
No Action Taken or Required
14.D.2. 19-0557 Vero Beach Centennial Parade
Recommended Action: Request the Board to consider the invitation from the City of Vero Beach to
participate in the City's Centennial Parade on October 26, 2019.
Attachments: Commissioner's Memorandum
INVITE Centennial Parade
Commissioner O'Bryan relayed that the Board has received an invitation to
participate in the City of Vero Beach's Centennial Parade. He noted that the
parade would be titled "Vero Beach Through the Ages" and he asked his fellow
Board Members if they would like to participate.
A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to
participate in the City of Vero Beach Centennial Parade on October 26, 2019.
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
14.E.1. 19-0568
Proposing Bethel Creek as a pilot project for restoring historical ocean
inflows to the Indian River Lagoon
Recommended Action: Discussion
Attachments: Commissioners Memorandum
Commissioner Zorc asked for the Board's consideration for County Attorney
Dylan Reingold to write a letter of support to the Department of Environmental
Indian River County Florida
Page 21
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
Protection, Florida Institute of Technology, Representative Thad Altman and
local elected representatives for the Florida Tech -Restore Lagoon Inflow
Research project to include Bethel Creek as a site for consideration.
Chairman Solari expressed that he is unable to support the motion.
A motion was made by Commissioner Zorc, seconded by Commissioner O'Bryan,
to have the County Attorney write a letter of support to consider Bethel Creek for
the Florida Tech -Restore Lagoon Inflow Research Project. 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
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
The Board of County Commissioners 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.
15.8.1. 19-0553 Approval of Minutes Meeting May 7, 2019
Recommended Action: Approve
Attachments: 05072019SWDD Draft
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
to approve the Solid Waste Disposal District Meeting Minutes of May 7, 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
15.8.2. 19-0562 Approval of 2019 CPI Adjustment Request by Mr. Mulch
Recommended Action:
Solid Waste Disposal District staff recommends that the Board approve the request
for a 1.31% rate adjustment by Russell Payne, Inc. d/b/a Mr. Mulch, Inc. and
authorize the County Administrator to take any necessary actions to effectuate the
change
Attachments: Staff Report
Rate Adjustment Letter from Mr Mulch
Indian River County Florida
Page 22
Board of County Commissioners
Meeting Minutes - Final July 2, 2019
A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher,
to approve staff's recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner
O'Bryan, and Commissioner Zorc
15.B.3. 19-0575 Approval of 2019 CPI Adjustment Request by Republic Services
Recommended Action:
Solid Waste Disposal District staff recommends the following for Board review and
approval: 1. Approve request for a 1.16% Consumer Price Index rate adjustment
by Republic Services of Florida, LP, and authorize the County Administrator to take
any necessary actions to effectuate the change
Attachments: Staff Report
Rate Adjustment Letter Request from Republic Services
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
There being no further business, the Chairman declared the meeting adjourned at
1:13 p.m.
Approved: September 17, 2019
Indian River County Florida
Page 23
Board of County Commissioners Meeting Minutes — Final
July 2, 2019
ATTEST:
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Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman
Clerk of Circuit Court and Comptroller
By:
Recording Secretary
BCC/JLR/2019 Minutes
Approved:
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Indian River County Florida Page 24