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HomeMy WebLinkAbout07/16/2019 (2)Indian River Indian River 1801 Vero Meeting Tuesday, Commission Board of County Florida County Administration Complex 27th Street, Building A Beach, Florida, 32960-3388 www.ircgov.com ,VER �lORIO�' Minutes - Final July 16, 2019 9:00 AM Chambers 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 July 16, 2019 1. CALL TO ORDER 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. Dr. Crystal Bujol, Artistic Director for the Gifford Youth Orchestra 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Addition: Emergency Item 4.A. Ocean Concrete and George Maib v. Indian River County Moved: Emergency Item 4.A. was moved to County Attorney Matters, Item 13.B. 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. 19-0449 Presentation of Proclamation Designating The Week of July 22, 2019 Through July 28, 2019, As Treasure Coast Waterway Cleanup Week. Recommended Action: Recommend Read and Present. Attachments: Proclamation Vice Chairman Adams read and presented the Proclamation to Kathy Hill, Chief Communications Officer of the Indian River Lagoon National Estuary Association. Ms. Hill provided the details related to the 12th Annual Treasure Coast Waterway Cleanup, held on July 27, 2019. Read and Presented 5.B. 19-0607 Presentation of Sebastian Inlet District Centennial Historical Video and Traveling Display by James Gray, Executive Director Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final July 16, 2019 Recommended Action: Present Historical Video and Request to Display Historical Timeline in Building A James Gray, Executive Director of the Sebastian Inlet District, used a PowerPoint Presentation to highlight the history and responsibilities of the Sebastian Inlet District. He provided details related to the Centennial celebration that included a historic video of the Sebastian Inlet. Mr. Gray requested consideration to have a traveling display of the Sebastian Inlet timeline showcased at the County Administration Building and/or the County libraries. The consensus of the Board, with support from County Administrator Jason Brown, was to approve Mr. Gray's request. Commissioner Zorc suggested that the historic video of the Sebastian Inlet be shown on Indian River County's Local Government Channel 27. Mr. Gray agreed to provide the video to the County. Presented 6. APPROVAL OF MINUTES 6.A. 19-0613 Regular Meeting of May 21, 2019 Recommended Action: Approve Attachments: Draft Minutes 05/21/2019 BCC A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Regular Meeting Minutes of May 21, 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. 19-0620 Florida Service Public Commission Consummating PSC -2019 -0254 -CO -EI, Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 5.97% to 6.22%, effective January 1, 2019 by Florida Power and Light Company, is on file in the Office of the Clerk Recommended Action: Information Only 7.B. 19-0621 No Action Taken or Required Florida Public Service Commission Consummating Order PSC -2019 -0269 -CO -EI, Petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs, by Florida Power and Light Company is on file in the Office of the Clerk Recommended Action: Information Only Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final July 16, 2019 No Action Taken or Required 7.C. 19-0628 Florida Public Service Commission Consummating Order PSC -2019 -0265 -PAA -EQ, Petition for approval of renewable energy tariff and standard offer contract, by Florida Power and Light Company. Recommended Action: Information Only 7.D. 19-0631 No Action Taken or Required Letter from Palm Beach County Commissioner Melissa McKinlay Regarding Human Trafficking Hotline Awareness Signage Recommended Action: Information only, no action required Attachments: Staff Report Letter from Palm Beach County Commissioner McKinlay No Action Taken or Required 7.E. 19-0634 Notice of School District of Indian River County Invitation to Health Insurance Best Practices Workshop Recommended Action: Public Notice Item - No Action Required Attachments: Public Notice School District Invitation to Workshop No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve the Consent Agenda as amended, pulling Item 8.G. 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. 19-0612 Checks and Electronic Payments June 28, 2019 to July 4, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of June 28, 2019 to July 4, 2019 Attachments: Finance Department Staff Report Approved 8.B. 19-0627 Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final July 16, 2019 Program Trust Fund Report - Cumulative Reporting Through 06/30/19 Recommended Action: Accept the report Attachments: Finance Department Staff Report Accepted 8.C. 19-0636 Indian River County Tax Collector Carole Jean Jordan: Errors and Insolvencies Report for the 2018 Tax Roll It is recommended that the Indian River County Board of County Commission accepts the Errors and Insolvencies Report for the 2018 Tax Roll Recommended Action: Attachments: Tax Collector Letter Dated 07-08-19 Errors and Involvencies Report for 2018 Tax Roll DR505 Signature Page 2018 Report Accepted 8.D. 19-0590 Acceptance and Approval of Expenditures for Emergency Management State Funded Subgrant Agreement (EMPA) Agreement A0004 Recommended Action: Staff recommends approval of the State Funded Subgrant Agreement A0004, associated expenditures and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Attachments: Staff Report IRC Grant Form-EMPA Grant 2019-2020 EMPA Agreement A0004 Approved staffs recommendation 8.E. 19-0622 Award of Bid No. 2019050, Jungle Trail Shoreline Stabilization Project (IRC -1823) Recommended Action: Staff recommends the project be awarded to XGD Systems, LLC in the amount of $225,335.74. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. Attachments: Staff Report Sample Agreement Approved staffs recommendation Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final July 16, 2019 8.F. 19-0624 58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street, Release of Retainage and Change Order No. 1 (IRC -1324, FM No. 434840-1-54-01) Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 6 to Timothy Rose Contracting, Inc. in the amount of $123,697.73 for release of retainage. Attachments: Staff Report Approved staffs recommendation 8.G. 19-0623 Victor Hart Sr. Complex Drainage Improvements, IRC -1760, Final Payment, Release of Retainage and Change Order No. 1 Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 7 Final to Guettler Brothers Construction, LLC in the amount of $27,325.78 for release of retainage. Recommended Action: Attachments: Staff Report Chairman Solari applauded the work done by the Public Works Department regarding the Victor Hart Sr. Complex Drainage Improvements. He mentioned that he had received numerous positive comments from people throughout the community. A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, 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.H. 19-0606 Work Order No. 17 for Kimley-Horn, 58th Avenue Utility Relocations - 53rd Street to 57th Street Staff recommends the Board of County Commissioners approve Work Order No. 17 with Kimley-Horn and Associates, Inc. for a lump sum amount of $39,920.00 Recommended Action: Attachments: Staff Report Work Order No 17 - Kimley-Horn and Associates Inc Approved staff's recommendation 8.1. 19-0633 Work Order No. 18 for Kimley-Horn and Associates, Inc., Oslo Road & I-95 Interchange Utility Relocations, FDOT Project 413048-2 Recommended Action: Staff recommends the Board of County Commissioners approve Work Order No. 18 with Kimley-Horn and Associates, Inc., for a lump sum amount of $125,890.00 Attachments: Staff Report Work Order No 18 - Kimley-Horn and Associates Inc Approved staff's recommendation Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final July 16, 2019 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 10.C.1. 19-0598 Recommended Action: Public Notice of Public Hearing Scheduled for August 13, 2019 to Consider Stoneridge, LLC's request to rezone ± 19.24 Acres from RS -3, Single Family Residential District (Up to 3 units/acre), to RS -6, Single Family Residential District (Up to 6 units/acre) located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue [RZON-2004110052-83770] (Quasi -Judicial) The referenced public hearing item is provided for the Board's information. No action is needed at this time. Attachments: Staff Report No Action Taken or Required 10.C.2. 19-0626 Notice of Public Hearing for August 13, 2019: Florida Power & Light Company's Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (Orange Blossom Solar Energy Center) [SP -SE -19-06-17 / 2019020003-84142] (Quasi -Judicial) Recommended Action: The referenced public notice item is provided for the Board's information. No action is needed at this time. Attachments: Staff Report County Attorney Dylan Reingold read the Public Notices into the record. Chairman Solari mentioned a Special Call Meeting on July 23, 2019 at 9:00 a.m. for a final plat approval regarding the Harmony Reserve development. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emersencv Services Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final July 16, 2019 C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. 19-0602 Sector 7 Beach and Dune Renourishment Project Design Response to FDEP Request for Additional Information Recommended Action: Staff recommends the Board support the Beach Committee's June 17, 2019 recommendation and thereby approve Scenario 2: move forward with the Sector 7 project, but with a revised design which will strategically minimize fill to ensure no impacts to nearshore hardbottom Attachments: Staff Report Sector 7 OPCC for Scenarios 1 and 2 Public Works Director Rich Szpyrka and Coastal Resources Coordinator Kendra Cope used a PowerPoint Presentation to provide a detailed update of the Sector 7 Beach and Dune Restoration Project, and noted that the County had submitted a permit application to the Florida Department of Environmental Protection (FDEP) on January 25, 2019. The update included diagrams to specify the reason for the necessary revisions to the original 2007 beach footprint/template, namely the Equilibrium Toe of Fill (ETOF) line and the Landward Extent of Edge of Hardbottom, as required by the FDEP in their Request for Additional Information (RAI), received on February 22, 2019. Director Szpyrka clarified that the Beach and Shore Preservation Advisory Committee agreed that the County would not want to impact the nearshore hardbottom. Ms. Cope confirmed that the County then went back to Coastal Technology Corporation (Coastal Tech), the coastal engineering firm that provided the 2007 beach template, to request a revised beach design template based on the current beach conditions, and for scenarios to pursue prior to responding to the FDEP's RAI. Ms. Cope explained that the area of beach in Sector 7 offered no public access, making State funding difficult to secure. She clarified that the total cost share amount obligated to the County following Hurricanes Matthew and Irma was Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final July 16, 2019 $3,273,654.48, with the majority coming from the Federal Emergency Management Agency (FEMA). She concluded the presentation by presenting three (3) scenarios to the Board: Scenario 1 would pursue the original 2007 design and mitigate for impacts to nearshore hardbottom, costing up to $25,000,000; Scenario 2 would pursue a revised design with a lower quantity of fill, costing up to $7,500,000; and Scenario 3 would call to remove the permit application and pursue no action, costing the County $3,000,000 per year. County Administrator Jason Brown provided fmancial details in response to Chairman Solari's inquiry regarding the length of time it would take for the County to secure the funding necessary for Scenario 1 versus Scenario 2. He and Commissioner Flescher agreed with the Chairman that Scenario 2 was recommended. Tem Fontaine, Coastal Engineer for Coastal Tech, 3625 20th Street, spoke on the County's coastline challenges, and he advised the placement of as much sand as possible without impacting the nearshore hardbottom. He responded to Commissioner O'Bryan, stating that the amount of sand used in Scenario 2 would potentially last five (5) to six (6) years depending on the weather/storm activity. Ms. Cope answered additional questions from members of the Board, and she confirmed that the Sector 7 Beach and Dune Restoration Project would begin sometime in November/December 2020, if so directed by the Commission. A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve Scenario 2, to revise the beach template design with a lower quantity of fill. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12.F.2. 19-0632 Recommended Action: Revised Draft Outline of the Indian River Lagoon Management Plan Recommendation for Moving Forward Staff is requesting feedback from the Board on the draft IRL Plan Outline and is requesting approval of the revised draft IRL Plan Outline. If approved, staff will work with a consultant to generate a scope of work to work on the Research Review Phase identified in the Outline of the comprehensive IRL Plan. The scope of work will include staff working in conjunction with the consultant to evaluate available quality data from partner organizations affiliated with the IRL Attachments: Staff Report Revised Draft IRL Plan Outline Map of Indian River Lagoon Project Locations Coastal Resources Coordinator Kendra Cope began the PowerPoint Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final July 16, 2019 Presentation by thanking the Indian River County Staff Task Force, made up of staff members from four (4) departments, for their continued commitment regarding the Indian River Lagoon Management Plan (the IRL Plan). She detailed the background, noting that staff approved a three (3) year contract with Tetra Tech, Inc. on April 17, 2018 to develop an outline for how the County would focus their efforts on improving the health of the Lagoon. On May 7, 2019, the Board was presented with the initial draft outline that generated feedback and additional recommendations to be incorporated into a revised draft outline. Ms. Cope continued with the revised outline structure of the IRL Plan, and highlighted the proposed bullet points: Executive Summary of Timeline for IRL Plan; IRL Plan Outline, including Current Understanding, Research Review Phase, Plan Development Phase, and Implementation Phase; Plan Funding Options; and Appendices of Projects, including Under Construction or Operational, Upcoming and Funded Projects, and Potential Projects. She described the current and potential stressors of the Lagoon, and she explained each phase of the IRL Plan and the proposed timeframe required for each phase to be successful. Ms. Cope then listed the County projects that were currently either under construction, operational, or upcoming and funded. In addition, she confirmed that the proposed revised outline listed all of the funding sources for the IRL Plan, as well as for the current and upcoming projects. Members of the Board were appreciative of all the staff who have worked to improve the revised IRL Plan outline. Discussion ensued regarding the unknowns of the IRL Plan, and it was agreed upon that the name of the plan should be changed to "Research Phase of the Indian River Lagoon Management Plan". Ms. Cope suggested that staff could present quarterly updates to the Board, and the Board could then provide direction, if necessary. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to: 1) approve the revised Indian River Lagoon Plan outline as presented, changing the name to the Research Phase of the Indian River County Lagoon Management Plan; and 2) direct staff to provide the Board with quarterly updates. 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. 19-0639 Sole Source Equipment Vendors Recommended Action: Staff recommends the Board of County Commissioners declare the vendors listed as sole source for the specific materials requested and authorize the Purchasing Division to issue purchase orders as needed in lieu of formal bids or quotes. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final July 16, 2019 Attachments: Staff Report In his presentation, Utility Services Director Vincent Burke stated that he had provided the Deputy Clerk and members of the Board with the most up-to-date list/spreadsheet of Sole Source Equipment Vendors being utilized at the Water and/or Wastewater Treatment Plants. Director Burke was agreeable with Chairman Solari's request to add a column to the spreadsheet for reporting the annual expenditure amount for each vendor. Purchasing Manager Jennifer Hyde and County Administrator Jason Brown responded to Commissioner O'Bryan's question regarding the length of time a provider would be approved as a Sole Source Equipment Vendor, and they agreed that extensions would require review and approval by the Board every three (3) years. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to: 1) approve staffs recommendation with an added column to the list of Sole Source Equipment Vendors to report the annual expenditures of each vendor; and 2) direct staff to return to the Board for review and approval of Sole Source Equipment Vendors every three (3) years to extend the vendor's role as a sole source provider. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12.6.2. 19-0640 Biosolids Rule Making Comments for Chapter 62-640 Florida Administrative Code Recommended Action: Staff recommends that the Board of County Commissioners either approve, or approve with modifications, the comments to the proposed biosolids rule Chapter 62-640 Florida Administrative Code and direct staff to submit the comments to the Florida Department of Environmental Protection before the July 29, 2019, deadline. Attachments: Staff Report Staff Comment summary to proposed rule making changes for 62-640 FAC Comments from UF IFAS Agriculture Agent and Director Comments from interested party - Mr Roderick General Concerns and Comments Director of Utility Services Vincent Burke spoke on the public workshops that were held by the Florida Department of Environmental Protection (FDEP) regarding rule making for Chapter 62-640 of the Florida Administrative Code (FAC) to address the recommended actions of the Biosolids Technical Advisory Committee (TAC). He stated that the FDEP would be accepting all related Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final July 16, 2019 comments through July 29, 2019, and requested the Board's approval of the comments that were included in the staff memorandum. He pointed out that comments received from interested stakeholders and from an Agriculture Agent representing the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) were also included. Commissioner Zorc brought up a potential land transaction in Southeast Osceola County where runoff from the land flows into Blue Cypress Lake. Director Burke responded that staff would inquire about being added to the FDEP's "interested parties" notification list. Commissioner O'Bryan voiced his concern with regard to the Soil Phosphorus Storage Capacity Index. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation as written. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12.6.3. 19-0630 Approval of Meter Purchase Agreement for AMR Meters Recommended Action: Staff recommends the Board of County Commissioners authorize the Chairman to endorse the Meter Purchase Agreement with Empire Pipe and Supply. Meter expenses through Empire are projected at $7,920,724.12. The remaining $3,404,464.98 will be purchased from vendors already under bid pricing agreements through the Indian River County Department of Utility Services warehouse contracts. Attachments: Staff Report Meter Purchase Agreement Proiected Pricing Sole Source Letter Additional Backup: Letter of Commitment Master Meter and Empire Pipe Supply In his presentation to the Board, Utility Services Director Vincent Burke made mention of a last minute change, a $15 reduction in the cost per Automatic Meter Reading (AMR) meter, for which a copy of the Letter of Commitment from Empire Pipe & Supply had been provided to the Deputy Clerk. He requested Board approval of the AMR meter purchase. A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve staffs recommendation with the $15.00 reduction in cost per Automatic Meter Reading (AMR) meter. The motion carried by the following vote: Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final July 16, 2019 Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12.G.4. 19-0629 Award of Contract for Meter Deployment Services Recommended Action: Staff recommends the Board of County Commissioners (BCC) authorize the chairman to endorse the Agreement for Meter Deployment Services between Indian River County and National Metering Services, Inc. for $3,083,663.80, after final review and approval by the County Attorney. Staff also recommends the BCC authorize staff to issue work change directives related to the Meter Deployment program in order to assure that work can continue expeditiously after discovery of unique field conditions as long as such directives do not alter the overall scope of the program and do not exceed $308,366.00, as detailed in Exhibit 2 of the contract. It is understood that upon completion of the project, staff would provide a report to the BCC that fully describes the final authorized amount. Attachments: Staff Report Agreement for Meter Deployment Services Projected Pricing Utility Services Director Vincent Burke used a PowerPoint Presentation to provide a detailed explanation of the Automatic Meter Reader (AMR) project, remarking that the AMR system would detect dead meters, water theft and water leaks, increase efficiency in reading meters due to registering the meter reads while driving by the general location of the meter, reduce the number of vehicles needed for reading the meters, reduce liability and worker's compensation claims, and extend the time between check valve replacements from five (5) years to ten (10) years. In addition, he noted that customers would be able to better manage their water usage by identifying leaks, which would improve customer satisfaction and increase water conservation awareness. Director Burke spoke on National Metering Services, Inc. (NMS), the top rated firm for Meter Deployment Services, and confirmed that all NMS employees would be with identification, dressed in uniform, and driving NMS company vehicles. He clarified the extensive Community Outreach Campaign, which included toll free call center access to best provide information and answers to all customers. Commissioner O'Bryan received clarification from Director Burke that the AMR meters would be able to be read through dirt and water; and that during installation, a customer's water would be shut off approximately 20 minutes, with the possibility of up to two (2) hours if issues were to arise. Director Burke confirmed that approximately 500 AMR meters would be installed per week. Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final July 16, 2019 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 The Chairman called for a recess at 10:46 a.m., and reconvened the meeting at 10:56 a.m., with all members present. 13. COUNTY ATTORNEY MATTERS 13.A. 19-0637 Recommended Action: Acquisition of Right -Of -Way Parcel 110 for Phase III of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue Staffrecommends the Board approve conveying the adjacent property to the Jacksons, approve the mediation agreement to purchase the 0.47 acre Jackson property for $210,000 with the stated conditions, approve costs incurred by the Jacksons of $20,000 and approve the settlement of attorney's fees of $54,450 and authorize the Chairman to execute the Pre -Suit Mediation Settlement Agreement on behalf of the Board. Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Sketch and Legal Description Exhibit "C" Aerial Photo of Adiacent Property Exhibit "D" Pre -Suit Agreement w/o exhibits Public Works Director Rich Szpyrka used a PowerPoint Presentation to update the Board on the 66th Avenue Roadway Improvement Right -of -Way Acquisitions. He stated that staff had been focusing on Phase One, located from north of 49th Street to north of 69th Street, and noted that of the original 27 parcels needed, eight (8) parcels remain that require negotiations and acquisition prior to beginning the construction phase. He added that a total of 31 parcels were needed for Phase Two, located north of 69th Street to 85th Street, a.k.a. County Road 510 (CR -510), and 14 parcels were left to be negotiated and acquired. Commissioner Zorc received clarification from Director Szpyrka regarding the number of utility transmission poles that would need to be relocated to complete the project, including the cost involved. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final July 16, 2019 13.B. 19-0675 Deputy County Attorney Bill DeBraal provided detailed feedback regarding negotiations with the Doris and Billy Jackson family, who own a 1.85 acre parcel, Parcel 110, located at 6835 66th Avenue. He explained that the Jacksons were interested in keeping the portion of land that included their home, along with acquiring a remainder parcel, Parcel 111, acquired by the County from the Jackson's son in 2007. Attorney DeBraal made mention that the negotiations include the County agreeing to construct a 18 foot wide driveway from 66th Avenue onto Parcel 110, and for the Jacksons to assume all risks regarding any drainage issues resulting from the 66th Avenue roadway widening project. Commissioner O'Bryan provided his opinion regarding the high cost of acquiring land for the improvements to 66th Avenue. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner Zorc Nay: 1 - Commissioner O'Bryan Ocean Concrete and George Maib v. Indian River County Circuit Court Case No. 31 -2007 -CA -011589. DCA Case No. 4D16-3210. Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve filing of a Proposal for Settlement in the amount of $800,000. Attachments: Staff Report (Clerk's Note: This item was moved from Item 4.A.) County Attorney Dylan Reingold gave a brief background of the Ocean Concrete and George Maib v. Indian River County case, which arose out of a dispute regarding a proposed development of property for use as a concrete batch plant. The County had been cleared on all of the three (3) counts that had been filed; however, the case was appealed by the plaintiffs, Ocean Concrete and George Maib, who have relied on an appraisal that claimed a loss in value of $1.7 million due to the elimination of a concrete batch plant. Under the Bert J. Harris Act, the plaintiffs may be able to recover reasonable costs and attorney fees, and be paid interest, if the plaintiffs prevail in the action. Attorney Reingold stated that County staff and the plaintiffs attended mediation on July 11, 2019. They were not able to settle the case, but with the input of outside counsel, staff decided it might be important to file a Proposal for Settlement (PFS). Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final July 16, 2019 He recommended the filing of a PFS in the amount of $800,000, noting that the County's insurance carrier would be contributing roughly $700,000 to the settlement. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, 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 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Brvan 14. D.1. 19-0635 Florida Association of Counties Call for Policy Ideas Recommended Action: Discussion Attachments: Commissioner's Memorandum Commissioner O'Bryan reminded his fellow members of the Board to be prepared to submit policy proposal ideas prior to the August 13, 2019 County Commission meeting. He verified with County Administrator Jason Brown that staff would be presenting to the Board a draft copy of the legislative ideas that would be sent to the Florida Association of Counties (FAC) for consideration following the meeting. Commissioner O'Bryan confirmed that he had recently submitted a proposal to the Water Quality Committee regarding the Florida Department of Environmental Protection (FDEP) rule making on biosolids. No Action Taken or Required E. Commissioner Tim Zorc Commissioners Open Dialogue 15. SPECIAL DISTRICTS AND BOARDS A. Emergencv Services District Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final July 16, 2019 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. B. Solid Waste Disposal District 15.6.1. 19-0615 Approval of Meeting Minutes of May 21, 2019 Recommended Action: Approve Attachments: 05212019SWDD Draft A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Meeting Minutes of May 21, 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.B.2. 19-0574 Approval of 2019 CPI Adjustment Request by Waste Management Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the request for a 1.31% rate adjustment by Waste Management, Inc., of Florida, and authorize the County Administrator or his designee to send a letter of approval. Attachments: Staff Report Rate Adjustment Letter from Waste Management Director of Utility Services Vincent Burke spoke on the 1.31% annual rate adjustment submitted by Waste Management Inc. of Florida (WMIF). He explained that upon approval by the Board, staff would approve a notice from WMIF to be sent to all residential and commercial customers to notify them of the rate increase going into effect on October 1, 2019. A motion was made by Commissioner Flescher, seconded by Chairman Solari, 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 15.B.3. 19-0638 Focused Feasibility Evaluation of Landfill Leachate Recommended Action: Solid Waste Disposal District staff recommends that the Board approve the technical approach in further evaluating thermal evaporation technology as a potential solution for leachate treatment. Direct staff to obtain a pilot study proposal for Board approval at a future meeting. Attachments: Staff Report Geosyntec Focused Feasibility Technical Memorandum Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final July 16, 2019 Utility Services Director Vincent Burke provided the results received by Geosyntec Consultants, Inc. (Geosyntec) following the Focused Feasibility Evaluation of landfill liquids management options for the Indian River County Landfill. He explained that leachate, liquid that passes through the waste, was the primary focus of the study as directed by the Indian River County Department of Utility Services (IRCDUS), and that the West Regional Waste Water Treatment Facility (WRWWTF) was the recipient of the leachate. Geosyntec discovered that arsenic, total nitrogen, and total dissolved solids exceeded the specified local limits on discharge, referenced in Section 201.68 of the Code of Indian River County, and that the leachate also contained excessive amounts of ammonia nitrogen and biological oxygen demand. Director Burke relayed Geosyntec's recommendation that a pilot study project be performed by an equipment vendor that uses thermal leachate evaporators for treatment. Commissioner O'Bryan mentioned the proposed Landfill Gas Agreement with the Indian River Eco District, LLC, to be presented in Item 15.B.4, and received confirmation from Director Burke that staff was comfortable with the pilot study project moving forward. In response to an inquiry from Commissioner Zorc, Director Burke explained that the pilot study results would provide a better understanding of the heat exchanger technology, proposed to maximize the usage of the landfill gas to destruct the leachate in the most efficient way possible. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, 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.4. 19-0641 Landfill Gas Agreement with Indian River Eco District, LLC Recommended Action: Staff recommends that its Board approve the Landfill Gas Agreement, including the granting of easements, to the Indian River Eco District, LLC and authorize the Chair to execute the agreement and all other documents necessary to effectuate the agreement, after review and approval by the County Attorney Attachments: Staff Report Landfill Gas Agreement with Indian River Eco District, LLC Director of Utility Services Vincent Burke spoke on the details of the proposed 20 year agreement between the Solid Waste Disposal District (SWDD) and the Indian River Eco District, LLC (IRED) regarding the IRED's interest in purchasing landfill gas (LFG) generated by the County's Class 1 landfill. He explained that a long term commitment was necessary in order for the IRED to secure the financing for their investment. He discussed the responsibilities of Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final July 16, 2019 151 3.5. 19-0642 both the SWDD and the IRED, provided calculations related to payments the SWDD could expect to receive from the IRED, and went over the possible issues/concerns. Director Burke responded to Commissioner Flescher's inquiry regarding carbon credits, stating that the proposed Landfill Gas Agreement includes a provision for the SWDD to work with the IRED to apply for carbon credits if the IRED becomes eligible. County Administrator Jason Brown added that staff was looking forward to the partnership with the IRED. Alain Castro and Craig Gontkovic, Managing Partners of the IRED, were present and provided clarification for Commissioner Zorc that the project would be up and running within 18 months of the execution of the Landfill Gas Agreement. A motion was made by Vice Chairman Adams, 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 Third Amendment to Tropical Recyclables Transfer, Processing and Marketing Services Agreement Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that the Board approve and authorize the Chairman to sign the Third Amendment to Recyclables Transfer, Processing and Marketing Services Agreement between SWDD and Tropical Recycling Attachments: Staff Report Third Amendment to Tropical Recycling Utility Services Director Vincent Burke provided the background regarding single stream contamination, and noted that the Third Amendment would allow for Tropical Recycling to return up to 35% of the previous month's recyclables that were returned to the landfill as a landfill residue for disposal at no cost, with an effective date of July 1, 2019. 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 Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes - Final July 16, 2019 C. Environmental Control Board 16. ADJOURNMENT Commissioner O'Bryan reminded the public of the Budget Workshop to be held on July 17, 2019 at 5:01 p.m. There being no further business, the Chairman adjourned the meeting at 11:35 a.m. Indian River County Florida Page 19 Board of County Commissioners Meeting Minutes — Final July 16, 2019 ATTEST: 4 4 I b 1 , m i Jeffrey OP t ', V'A, F•, CG A Clerk of Circuit Court and Comptroller By: Deputy Clerk BCC/RDZ/2019 Minutes Bob Solari, Chairman Approved: November 5, 2019 Indian River County Florida Page 20