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HomeMy WebLinkAbout08/13/2019Indian River Indian River 1801 Vero Meeting Tuesday, Commission Board of County County Administration 27th Street, Building Beach, Florida, 32960-3388 www.ircgov.com Florida Complex A Final 2019 'OVER ch ttORTO Minutes - August 13, 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 Randi Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes - Final August 13, 2019 1. CALL TO ORDER Present: 4 - Chairman Bob Solari Vice Chairman Susan Adams Commissioner Peter O'Bryan Commissioner Tim Zorc Absent: 1 - Commissioner Joseph Flescher 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Rev. Timothy Womack, First Presbyterian Church of Vero Beach 3. PLEDGE OF ALLEGIANCE Jason E. Brown 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Added: 13.F. Attorney's Matters -Agriculture Advisory Committee Appointment Moved: Item 5.C. to be heard following Item 5.A. Moved: Item 14.B.1. to be heard following Item S.D. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Agenda as amended. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 5. PROCLAMATIONS and PRESENTATIONS 5.A. 19-0685 Presentation of Indian River County Appropriations Check by Senator Debbie Mayfield And Representative Erin Grall Recommended Action: No action required State Representative Erin Grall appeared on behalf of State Senator Debbie Mayfield to present the Board with Appropriations checks for Indian River County. The money would fund two local projects: the North Relief Canal Aquatic Plant Project and the North Sebastian Septic to Sewer Phase II conversion. County Administrator Jason Brown mentioned the September 5, 2019 grand opening of the Osprey Acres Stormwater Park and Nature Preserve which was funded with previously procured Appropriations money. Presented Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final August 13, 2019 5.B. 19-0759 Presentation of Proclamation Honoring Doris Roy on Her Retirement From Indian River County Board of County Commissioners Office of the County Administrator with Thirty- Five Years of Service Attachments: Proclamation Commissioner Solari read and presented the Proclamation honoring Doris (Dori) Roy on her retirement from Indian River County with 35 years of service. The Commissioners and staff each in turn praised Ms. Roy on her competence, knowledge, and helpfulness. The following speakers appeared before the Board with accolades for Ms. Roy: Joe Baird, former County Administrator Joseph Paladin, Black Swan Consulting Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Alma Lee Loy, "First Lady" of Vero Beach Penny Chandler, former President and CEO of the Indian River County Chamber of Commerce Ms. Roy was joined by members of her family as she thanked all the well-wishers. Read and Presented 5.C. 19-0721 Presentation of Proclamation Honoring Smokey Bear in Indian River County, Recommended Action: Read and Present Attachments: Proclamation (Clerk's Note: This item was heard following Item S.A., but is placed here for continuity.) Commissioner Zorc read and presented the Proclamation to Smokey Bear in honor of his 75th Birthday. Melissa Yunas and Brian Torres, representing the Florida Forest Service, spoke of the importance of fire safety education and thanked several local partners in the community. Read and Presented 6. APPROVAL OF MINUTES 6.A. 19-0679 Regular Meeting of June 4, 2019 Recommended Action: Approve Attachments: 06/04/19 BCC Draft Minutes Approved Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final August 13, 2019 6.B. 19-0680 Regular Meeting of June 11, 2019 Recommended Action: Approve Attachments: 06112019BCC Granicus A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Regular Meeting Minutes of June 4, 2019 and June 11, 2019, as written. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 19-0673 City of Fellsmere Ordinance 2019-03, Voluntary Annexation of +/- 12.655 Acres, is on file for review in the Office of the Clerk to the Board. Recommended Action: Information Only No Action Taken or Required 7.B. 19-0693 Florida Public Service Commission, Order NO. PSC -2019 -0288 -CO -EI, petition for approval of optional supplemental power services pilot program and rider by Florida Power and Light Company, is on file in the Office of Clerk to the Board. Recommended Action: Information Only No Action Taken or Required 7.C. 19-0699 Florida Public Service Commission Agenda for Tuesday, August 6, 2019, 9:30 a.m., a copy of the agenda is on file in the Office of the Clerk. Recommended Action: Information Only No Action Taken or Required 7.D. 19-0700 Florida Public Service Commission Consummating Order PSC -2019 -0298 -CO -EQ. Petition for approval of renewable energy tariff and standard offer contract, by Florida Power and Light Company, is on file in the Office of the Clerk. Recommended Action: Information Only No Action Taken or Required Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes — Final August 13, 2019 7.E. 19-0715 Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2018 is on file in the Office of the Clerk to the Board. Recommended Action: Information Only No Action Taken or Required 7.F. 19-0643 Letter of Support for Bethel Creek for Lagoon Research Project Recommended Action: Informational only Attachments: Informational Memorandum Letter of Support Bethel Creek No Action Taken or Required 7.G. 19-0697 Indian River County Venue Event Calendar Review Recommended Action: This is an information item only. No board action required Attachments: Staff Report No Action Taken or Required 7.H. 19-0702 Letter regarding new Florida Department of Environmental Protection rules on biosolids Recommended Action: Informative Attachments: Commissioners Memorandum Solari letter FDEP 07262019 No Action Taken or Required 7.1. 19-0725 Update On All Aboard FL Expenses Recommended Action: No Action Required Attachments: Staff Report All Aboard FL Expenses No Action Taken or Required 7.J. 19-0758 3rd Quarter FY 2018/2019 Budget Report Recommended Action: Informational item. No action required Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Staff Report Reports at a glance 2018-2019 Q3 Qtrly Budget Report Q3 201819 revenue Qtrly Budget Report 03 201819 expense 06-30-2019 Expense Analysis Budget Amendment History 1819 7.K. 19-0751 No Action Taken or Required Government Finance Officers Association awarding Indian River County GFOA's Distinguished Budget Presentation Award for the 2018-19 Budget Recommended Action: No Action is Required Attachments: Staff Report Letter from GFOA dated July 17, 2019 GFOA Certificate of Recognition for 2018 2019 GFOA Press Release Chairman Solari thanked and congratulated Management and Budget Director Kristin Daniels and her staff for this award. Director Daniels thanked the Board for the recognition. No Action Taken or Required 7.L. 19-0726 Department of Economic Opportunity (DEO) Florida Job Growth Public Infrastructure Grant 2019 Recommended Action: This is an informational item only. No action is needed. Attachments: Staff Report Florida Job Growth Grant Application Budget Grant Form No Action Taken or Required 7.M. 19-0731 Letter of Thanks from Laura (Riding) Jackson Foundation Board Recommended Action: For Information Only Attachments: Commissioner's Memorandum letter from Laura Riding Jackson Foundation No Action Taken or Required Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final August 13, 2019 7.N. 19-0753 Landfill Closure and Collection Service Changes for the Labor Day Holiday Recommended Action: For informational purposes only - no action required Attachments: Staff Report No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 8.A. 19-0674 Checks and Electronic Payments July 5, 2019 to July 11, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 5, 2019 to July 11, 2019 Attachments: Finance Department Staff Report Approved 8.B. 19-0689 Checks and Electronic Payments July 12, 2019 to July 18, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 12, 2019 to July 18, 2019 Attachments: Finance Department Staff Report Approved 8.C. 19-0696 Checks and Electronic Payments July 19, 2019 to July 25, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 19, 2019 to July 25, 2019 Attachments: Finance Department Staff Report Approved 8.D. 19-0724 Checks and Electronic Payments July 26, 2019 to August 1, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 26, 2019 to August 1, 2019 Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Finance Department Staff Report Approved 8.E. 19-0687 Acceptance and Approval of Expenditures of Emergency Management Federally -Funded Subgrant Agreement (EMPG) Agreement Number: G0002 Recommended Action: Staff recommends approval of the Federally -Funded Subgrant Agreement (G0002), 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 Indian River County Office of Budget & Management Grant Form 2019-2020 EMPG Agreement Approved staffs recommendation 8.F. 19-0610 Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services Staff respectfully recommends that the Board of County Commissioners approve renewal of the "E" Certificate of Public Convenience and Necessity for the Senior Resource Association, to be effective for a period of two (2) years from October 2, 2019 to October 22, 2021 Recommended Action: Attachments: Staff Report Senior Resource Association COPCN Renewal Application 8.G. 19-0746 Recommended Action: Approved staffs recommendation Invitation from John's Island Golf Club for Staff to Participate in a "Public Safety Day" Golf Outing Staff respectfully requests favorable consideration by the Board regarding the invitation from John's Island Club for Emergency Services staffto participate in the golf outing. Attachments: Staff Report Approved staffs recommendation 8.H. 19-0671 OL73RD LLC's Request for Final Plat Approval for a Subdivision to be known as Orchid Landing [SD -04-02-08 / 2003010063-83225] Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval for Orchid Landing, with the condition that prior to plat recordation staff confirms that all required documents and/or financial security are in place. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Staff Report Location Map Final Plat Layout Approved staffs recommendation 8.1. 19-0688 MG Heine Vero, LLC's Request for Final Plat Approval for Bridgehampton Residential Subdivision [SD -16-05-01 / 2002100165-83140] Staff recommends that the Board grant final plat approval for Bridgehampton Recommended Action: Attachments: Staff Report Location Map Final Plat Layout Approved staffs recommendation 8.J. 19-0690 Consideration of the Indian River County SHIP Program 2019 Annual Report Recommended Action: Staff recommends that the Board of County Commissioners: 1.) approve the SHIP 2019 annual report and authorize its submission to the Florida Housing Finance Corporation; and 2.) authorize the Chairman to sign the Certification form; and 3.) authorize staff to make any minor reporting changes to the annual report and Certification form that may be requested by the Florida Housing Finance Corporation. Attachments: Staff Report SHIP Program Information SHIP Annual Report SHIP Annual Report Certification Form Approved staffs recommendation 8.K. 19-0734 Vero 53 Landings, LLC's Request for Final Plat Approval to Replat Parcel "A", Lot 3, and Tract 1 of The Landings Commercial Subdivision [SD -18-02-04 / 98060121-81957] Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval to replat Parcel "A", Lot 3, and Tract 1 of The Landings Commercial Subdivision. Attachments: Staff Report Location Map Final Plat Layout Approved staffs recommendation 8.L. 19-0735 Applicant's Request for Final PD Plat Approval for the Replat of Lot 2, Lot 3, and Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Recommended Action: Tract A of the Hampton Woods East PD Residential Subdivision [PD -19-07-04 / 95050141-84781] Staff recommends that the Board grant final PD plat approval for the replat of Lot 2, Lot 3, and Tract A of the Hampton Woods East PD Residential Subdivision. Attachments: Staff Report Location Map Final Plat Layout 8.M. 19-0701 Recommended Action: Approved staffs recommendation 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 (Crouch) Resolution (Primax Properties) Resolution (Idlette) Approved Resolution 2019-060 (Crouch), Resolution 2019-061 (Primax Properties), and Resolution 2019-062 (Idlette), cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 8.N. 19-0713 Jones' Pier Conservation Area Public Use Improvements - Hazard Mitigation Assistance - Donadio & Associates, Architects, P.A. - Work Order No. 1 Recommended Action: Staff recommends approval of Work Order No. 1 to Donadio & Associates, P.A. for architectural design services and requests the Board to authorize the Chairman to execute Work Order No. 1 in the amount of $15,750.00. Staff further requests that the Board grant authorization to Beth Powell, Assistant Director -Parks and Conservation Resources to execute the HMGP Pre -Award Cost Request Form. Attachments: Staff Report 2019 0813 WORK ORDER NO1 DONADIO Jones Pier Historic Residence Proposal 05222019 Exhibit A Pre -Award Request Form 4283 Amendment6-3-19 - SJ Approved staffs recommendation 8.0. 19-0670 Award of Bid No: 2019064 Interior Painting at the North County and Main Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Recommended Action: Staff recommends that the Board of County Commissioners award the bid to Mario's Painting and Services, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency and after receipt and approval of the required certificate(s) of insurance. Attachments: Staff Report Sample Agreement Painting Main and North Libraries Approved staffs recommendation 8.P. 19-0704 Approval of Work Order No. 1 - Edlund, Dritenbas, Binkley Architects & Associates, P.A. - Kroegel Homestead Conservation Area Restroom Design and Engineering Staff recommends approval of Work Order No. 1 to EDB, LLC for architectural services and requests the Board to authorize the Chairman to execute Work Order No. 1 in the amount of $9,000.00. Recommended Action: Attachments: Staff Report 2019 0813 WORK ORDER N01 EDB Proposal Approved staffs recommendation 8.Q. 19-0703 Approval of Vending Service Agreement Recommended Action: Staff recommends the Board approve the agreement with the Florida Division of Blind Services and authorize the Chairman to sign. Attachments: Staff Report Vending Machine Agreement Ver 5 Approved staffs recommendation 8.R. 19-0705 Facility Lease Agreement with Vero Beach Foundation Gators Football & Cheer Corporation Staff recommends approval of the Facility Lease Agreement with authorization for the Chairman to execute Facility Lease Agreement with Vero Beach Foundation Gators Football and Cheer Corporation Recommended Action: Attachments: Staff Report Foundation Gators Football Lease Agreement Approved staffs recommendation 8.S. 19-0678 2020 Holiday Schedule Recommended Action: Staff Recommends and Respectfully Requests the Board of County Commissioners Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Approve the 2020 Holiday Schedule for Employees of Indian River County Board of County Commissioners Attachments: Staff Report Approved staffs recommendation 8.T. 19-0728 Health Insurance Additional Health Advocacy Benefit effective August 1, 2019 Recommended Action: Ratify the multi-year agreement with West Health Advocate Solutions to provide Health Advocacy Services for all employees and retirees enrolled on the County's health plan and authorize the County Administrator to renew annually if services provided are satisfactory Attachments: Staff Report Health Advocacy Agreement Final Approved staffs recommendation 8.U. 19-0755 Miscellaneous Budget Amendment 013 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2018/2019 budget Attachments: Staff Report 2018 2019 Resolution Exhibit "A" Approved Resolution 2019-063, amending the Fiscal Year 2018-2019 Budget. 8.V. 19-0737 Request to Transfer Florida Department of Health Assets to Indian River County Hospital District Recommended Action: Staff recommends the Board declare the listed items surplus to the County's needs and authorize transfer to the IRCHD so they may continue to be utilized in our community. Attachments: Staff Report Approved staffs recommendation 8.W. 19-0738 Ranking of Firms for RFP 2019060 - FEMA Public Assistance Consulting Services Recommended Action: Staff recommends the Board approve the committee's final ranking of firms and authorize negotiations with the top ranked firm. Attachments: Staff Report Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Approved staffs recommendation with the final ranking of firms being: 1) Witt O'Brien's, LLC; 2) Aptim Environmental & Infrastructure, LLC; 3) Vanir Construction Management, Inc.; and 4) Culpepper & Terpening. 8.X. 19-0739 Approval of Annual Contracts for Motor and Pump Repair (RFP 2019056) Recommended Action: Staff recommends the Board approve the sample agreement and authorize the Chairman to execute the agreements after approval by the County Attorney as to form and legal sufficiency and approval of the required insurance by the Risk Manager. Attachments: Staff Report tSample Agreement Approved staffs recommendation 8.Y. 19-0742 Authorization to Resolicit Concession Services at County Recreation Facilities Recommended Action: Staff recommends the Board authorize staff to terminate negotiations with Treasure Coast Concessions and issue a new request for proposals for concession services at County recreation facilities. Attachments: Staff Report Approved staffs recommendation 8.Z. 19-0709 Work Order No. 8, REI Engineers, Inc. - IRC Courthouse Parking Garage and Seal Replacement (IRC -1801) Staff recommends that the BCC approve Work Order No. 8 for REI Engineers, Inc. to design, assist in bidding, and perform construction administration services for the IRC Courthouse Parking Garage and Seal Replacement project, and authorize the Chairman to execute Work Order No. 8 in the lump sum amount of $50,470.00. Recommended Action: Attachments: Staff Report REI Engineers, Inc. Work Order No. 8 8.AA. 19-0712 Approved staffs recommendation Work Order No. 4, Environmental Science Associates, Jungle Trail Shoreline Stabilization Project (IRC -1823) Recommended Action: Staff recommends approval of Work Order No. 4 to Environmental Science Associates authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 4 on their behalf in a not -to -exceed amount of $24,624.00. Attachments: Staff Report Environmental Science Associates Work Order No. 4 Approved staffs recommendation Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final August 13, 2019 8.BB. 19-0732 US Highway 1 Landscaping - South County Line to Oslo Road (IRC -1631) Release of Retainage and Change Order No. 1 Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Application for Payment No. 1631-4 to Green Construction Technologies, Inc. in the amount of $18,682.98 for release of retainage. Attachments: Staff Report Change Order No. 1 CO No. 1 Description of Itemized Changes Approved staffs recommendation 8.CC. 19-0733 Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc., North County Offices at Sebastian Corners Recommended Action: Staff recommends that the BCC approve Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc. Indian River North County Offices and authorize the Chairman to execute the Amendment in the lump sum amount of $18,275.00. Attachments: Staff Report Amendment No. 1 to Work Order No. 7, MBV Engineering, Inc. Exhibit A 8.DD. 19-0672 Approved staffs recommendation Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Eugene M. Eichelberger 6700 65th Street, Vero Beach, FL 32967 Recommended Action: Staff recommends the Board approve the Purchase Agreement of $23,000.00 for the 0.34 acres of property located at 6700 65th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. Attachments: Staff Report Temporary Construction Easement Purchase Agreement Approved staffs recommendation 8.EE. 19-0706 Facilities Use Agreement - St. Lucie County's Harbour Pointe Artificial Reef Deployments 2019 Recommended Action: Staff recommends the Board approve the Facilities Use Agreement with St. Lucie County for Harbour Point Park, and authorize the Chairman to sign five (5) copies of the agreement Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Staff Report 8.FF. 19-0707 Approved staffs recommendation Notice of Grant Application for Funding Assistance from State of Florida Beach Erosion Control Program - FY 2020/21 Recommended Action: Staff recommends Board approval of the funding Resolution for FY 2020/21 Attachments: Staff Report Resolution Approved Resolution 2019-064, requesting assistance from the State of Florida Beach Erosion Control Program - FY 2020/21. 8.GG. 19-0714 Agreement for Access and Sand Renourishment to Sexton, Inc. Beach Area Recommended Action: Staff recommends the Board approve the Access Agreement with Sexton, Inc., and authorize the chairman to sign one (1) copy of the agreement Attachments: Staff Report 8.HH. 19-0720 Recommended Action: Approved staffs recommendation Work Order No. 2018007-3, Coastal Technology Corporation, Sector 7 Beach and Dune Re -nourishment - Reconnaissance Survey The recommendation of staff is for the Board to approve Work Order No. 2018007-3 to the contract with Coastal Technology Corporation and authorize the Chairman to sign on behalf of the County Attachments: Staff Report Coastal Technology Corp. WO No. 2018007-3 Approved staffs recommendation 8.11. 19-0736 Work Order No. 2018006-6, APTIM, Sector 3 Beach and Dune Re -nourishment - Reconnaissance Survey Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 2018006-6 to the contract with Coastal Technology Corporation and authorize the Chairman to sign on behalf of the County Attachments: Staff Report APTIM Work Order No. 2018006-6 8.JJ. 19-0708 Approved staffs recommendation Work Order No. 19 with Kimley-Horn and Associates - Roseland Elevated Tank Conversion Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Recommended Action: Staff recommends that the Board of County Commissioners approve Work Order No. 19 with Kimley-Horn and Associates, for the lump sum amount of $37,956.00, and authorize the Chairman to execute the same, as presented. Attachments: Staff Report Work Order No 19 8. KK. 19-0750 Recommended Action: Approved staffs recommendation Request to Waive the Bid Process for the Replacement of Blowers for the Sludge Holding Tank at West Regional Wastewater Treatment Facility Staff recommends the Board of County Commissioners waive the bid process and authorize the Purchasing Division to issue a purchase order to Excelsior Blower Systems, Inc., in the amount of $77,445 for the purchase of the two blower systems Attachments: Staff Report Quote from Excelsior Blower Systems Inc 8.LL. 19-0745 Approved staffs recommendation Fourth Amendment to Collateral Development Agreement Related to Jackie Robinson Training Complex Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the Fourth Amendment to Collateral Development Agreement and authorize the chair to sign the Fourth Amendment after review and approval by the County Attorney. Attachments: Staff Report DT Commons Fourth Amendment Approved staffs recommendation 8.MM. 19-0682 Out of County Travel to attend the Florida Shore & Beach Preservation Association 62nd Annual Conference Authorize Commissioners and Staff to attend the Florida Shore & Beach Preservation Association 62nd Annual Conference Recommended Action: Attachments: Staff Memorandum FSBPA Conference Brochure Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final August 13, 2019 9.A. 19-0716 Indian River County Sheriff Deryl Loar: Requesting to use proceeds resulting from sale of surplus property and vehicles to acquire new like -kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Recommended Action: Approve request to use proceeds resulting from sale of surplus property and vehicles to acquire new like -kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Attachments: Memorandum from Sheriff Loar Indian River County Sheriff Deryl Loar thanked the Board for their support of the move to online auctions. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the request from Indian River County Sheriff Deryl Loar to use net auction proceeds in the amount of $96,627.00 for the acquisition of new, like -kind property within the current fiscal year. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 10. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THESE HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 19-0691 Recommended Action: Attachments: Stoneridge, LLC Request to Rezone ± 19.24 Acres from RS -3 to RS -6. Located south of 65th Street, west of Lateral "G" Canal, and east of 48th Avenue. (RZON 2004110052-83770) [Quasi -Judicial] Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from RS -3 to RS -6 by adopting the proposed ordinance. Staff Report Summary Page Rezoning Application Section 911.07 Residential Districts Section 902.12(3) Standards of Review DRAFT PZC Meeting Minutes 06-27-19 Rezoning Ordinance Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Chairman Solari introduced the parties for the proceeding as Indian River County and Stoneridge, LLC. Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Bill Schutt, Chief of Long Range Planning, and Roland DeBlois, Community Development Director, appeared before the Board with Stoneridge, LLC's rezoning request. Chief Schutt's PowerPoint presentation included a review of existing land use, zoning requirements, concurrency and consistency regulations, and concluded with staffs recommendation to adopt the Ordinance approving the rezoning request. The Chairman opened the Public Hearing. Joseph Paladin, Black Swan Consulting, appeared before the Board as the representative for Stoneridge, LLC. Mr. Paladin explained the reasons for the rezoning request and provided details of the proposed housing development. He requested the Board's approval and made himself available for questions. Commissioner O'Bryan asked and received answers regarding the final density of the development. There being no further speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to adopt Ordinance 2019-017, amending the Zoning Ordinance and the accompanying Zoning Map for approximately ±19.24 acres located south of 65th Street, west of Lateral "G" canal, and east of 48th Avenue from RS -3, Single-family Residential District (Up to 3 units/acre), to RS -6, Single-family Residential District (Up to 6 units/acre), and providing codification, severability, and effective date. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 10.A.2. 19-0730 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: Staff recommends that the BCC grant major site plan and special exception use approval for a private heavy utility facility (solar energy center) to be known as FPL Orange Blossom Solar Energy Center with the following conditions: 1. Prior to issuance of a project certificate of occupancy (C.O.), the applicant shall install all required landscape improvements as shown on the approved project Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final August 13, 2019 landscape plan. 2. Oslo Road is not approved for construction traffic, and any request to utilize Oslo Road for construction traffic requires a separate approval from Public Works and SJID staff. Attachments: Staff Report Excerpt from Draft July 11. 2019 PZC Minutes Location Map Extended Roadway Grid Network Exhibit Aerial Site Plan Chairman Solari introduced the parties for the proceeding as Indian River County and Florida Power and Light (FPL). Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. The Chairman opened the Public Hearing. Ryan Sweeney, Senior Planner, appeared before the Board with a PowerPoint presentation describing the major site plan and special exception process needed for the proposed Orange Blossom Solar Energy Center. He continued with the site plan map, Planning and Zoning recommendations, and staffs approval with landscape and project route conditions. Commissioner O'Bryan received confirmation that the energy center's capacity would be low enough to exempt it from the requirements of the Electrical Power Plant Siting Act. Bart Gaetjens, FPL External Affairs Manager, requested the Board's approval and thanked staff for their assistance. Melanie Roger, FPL Project Manager, appeared before the Board with a presentation on FPL's solar energy program. She noted this would be the second solar energy center in Indian River County, and spoke of the benefits of solar energy. The Board asked and received answers from Ms. Roger regarding battery storage and the performance of existing solar centers in Indian River County. James Kelley, Indian River County resident, received information regarding the benefits of solar power to consumers. There being no further speakers, the Chairman closed the Public Hearing. Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes - Final August 13, 2019 A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher B. PUBLIC DISCUSSION ITEMS 10.B.1. 19-0676 Request to Speak from Nicole Knowles Regarding Reduction or Removal of Demolition Lien on Property Located at 4855 34th Avenue Recommended Action: Request to Speak - No Action Required Attachments: Request to Speak Form Nicole Knowles, 2016 2nd Street, appeared before the Board to request a reduction of the $3,584 demolition lien on her property located at 4855 34th Avenue. Roland DeBlois, Chief of Code Enforcement, recounted that the Code Enforcement Board had previously approved reducing a different code violation fine on this property; however, the demolition lien was still outstanding at a cost of $3,003.68, plus accumulated interest. Chief DeBlois reported that staff would support waiving the interest, but could not reduce the lien. Chairman Solari issued a reminder that the Board could not vote on public discussion items. Commissioner O'Bryan explained that there were tax dollars expended on the demolition which needed to be recouped, and this was the reason the lien could not be waived or reduced. He was in support of eliminating the interest, as had been done in past cases. Vice Chairman Adams supported bringing the issue back under Commissioner O'Bryan's items so that the Board could vote to waive the interest. Commissioner Zorc sought confirmation that there were no outstanding ERUs on the property. County Administrator Jason Brown stated he would have staff research that issue bring it back to the Board. No Action Taken or Required Indian River County Florida Page 19 Board of County Commissioners Meeting Minutes - Final August 13, 2019 10. B.2. 19-0677 Public Discussion Request from Gina Kempf re: Tunnel to Towers 5K Invitation to the Community and Board Members Recommended Action: No action required Attachments: Public Discussion Request 10.6.3. 19-0719 Gina Kempf, 835 29th Court, local director of the Tunnel to Towers (T2T) 5K Race appeared before the Board to provide information about the event scheduled for September 14, 2019. Ms. Kempf went on to detail T2T's mission and support programs for military and first responders. In response to a question by Commissioner O'Bryan, Ms. Kempf provided the website address, T2Trun.org, for more information and race registration. No Action Taken or Required Public Discussion Request from Nancy Kelly re: Rename the Main Library "The Mary Denham Snyder Library" Recommended Action: No action required Attachments: Request to Speak Nancy Kelly, 1015 40th Avenue, appeared before the Board with a request to rename the main library "The Mary Denham Snyder Library". Her presentation included the accomplishments of Ms. Snyder who worked to expand and improve the Indian River County Library system. A 250 -signature petition in favor of the renaming was also provided to the Board. Ann Marie Rossmell, 344 13th Place SW, spoke of Ms. Snyder's dedication to the County's library and advocated for the name change. Chairman Solari issued a reminder that the Board does not vote on public discussion items. Commissioner O'Bryan supported renaming a meeting room within the main library in honor of Ms. Snyder. No Action Taken or Required The Chairman called a recess at 10:37 a.m. and reconvened the meeting at 10:47 a.m. with Commissioner Flescher absent. C. PUBLIC NOTICE ITEMS 11. COUNTYADMINISTRATOR MATTERS Indian River County Florida Page 20 Board of County Commissioners Meeting Minutes - Final August 13, 2019 11.A. 19-0717 2020 Preliminary State Legislative List of Concerns Recommended Action: Recommend Board discussion and adoption of a 2020 preliminary legislative list of concerns Attachments: Memorandum Preliminary State Legislative Issues 2020 County Administrator Jason Brown introduced the 2020 Preliminary State Legislative List of Concerns. He noted the importance of the list in providing the Board with a unified voice ahead of the upcoming Florida Association of Counties (FAC) Policy Conference. Administrator Brown went on to introduce an additional legislative item regarding a property along A1A which straddled Indian River County and St. Lucie County. Because the property was split by the county line, there were concerns raised regarding access to emergency services. He described the remedy which would impact the boundary between the counties, and the complexity involved in making the change. Chairman Solari requested the addition of an item which would address Chapter 180 of the Florida Statutes. He explained that the Statute allowed municipalities like the City of Vero Beach to provide utility services to nearby unincorporated areas. The Chairman then read from a letter written by former County Attorney Alan Polackwich which detailed the potential problems of the statute, and the impact to areas of the barrier island. Discussion of Chapter 180 of the Florida Statutes ensued among the Board and County Attorney Dylan Reingold, with Commissioner O'Bryan noting possible opposition from the FAC. Chairman Solari referenced the Polackwich letter as he directed Attorney Reingold to research the County's legal position on the statute. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to have the Chairman and the County Attorney work in collaboration to add modification of Chapter 180 of the Florida Statutes to the County's 2020 State Legislative List of Concerns. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to adopt the 2020 Preliminary State Legislative List of Concerns, with the addition of an item addressing the redraw of Indian River County's boundary with St. Lucie County. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher Indian River County Florida Page 21 Board of County Commissioners Meeting Minutes - Final August 13, 2019 11.B. 19-0744 City of Sebastian Annexation Recommended Action: Discuss and Provide Direction to Staff Attachments: Staff Report County's Concerns re: Annexation 8.8.19 County Administrator Jason Brown brought forth for discussion the City of Sebastian's (the City) Petition for Voluntary Annexation of a portion of land owned by the Graves Brothers Company. He stressed that timing was of the essence since the annexation issue was scheduled for a final public hearing before the City Council on August 28, 2019. Administrator Brown referenced County staffs memo written to the City detailing concerns regarding responsibility and capacity for water/wastewater, inconsistencies with the County's 2030 Comprehensive Plan, and the impact to the County's public works infrastructure. He then requested the Board's input on the issues as well as any recommended actions for staff. Discussion ensued among the Board members with each Commissioner stating their thoughts and positions on the various issues. There was agreement on the need for additional discussion, as well as an annexation agreement between the City and the Graves Brothers Company. The Chairman opened the discussion for public comment. Joseph Paladin, representing the Indian River Neighborhood Association (IRNA), clarified that the organization would not support the annexation without an agreement with the land owner. Brian Corrigan, 1051 Mountain Trail, cautioned against moving forward with the precedent -setting annexation absent a clear agreement regarding green space, drainage, and water usage. County Administrator Brown recapped the Board's direction to request having the City table the annexation pending additional communication, as well as an agreement with the Graves Brothers. Commissioner O'Bryan suggested having the Chairman draft a letter to the City stating these requests. County Attorney Dylan Reingold stated that he would act as necessary to preserve the County's legal rights in light of the possible impacts on roadways and utility services. Indian River County Florida Page 22 Board of County Commissioners Meeting Minutes - Final August 13, 2019 A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to approve the following actions: 1) Authorize Chairman Solari to draft a letter requesting that the City of Sebastian table the Annexation vote while staff resolves concerns over County services; 2) Grant the County Attorney authority to preserve the rights of the County going forward; and 3) Authorize County staff to attend any meetings related to the Annexation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. 19-0694 Award of Bid No. 2019012, Vero Lake Estates 85th Street Petition Paving from 101st Avenue to 96th Avenue Project, IRC -1628 Recommended Action: Staff recommends that the Alternate Bid in the amount of $921,263.40 for the construction of a paved roadway be awarded to Timothy Rose Contracting, Inc. Staff has discussed the project with Allen Green the representative for the Vero Lake Estates MSBU Advisory committee. Mr. Green supports staff's recommendation that the Alternate Bid be awarded for constructing the project as an asphalt paved roadway. 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. Indian River County Florida Page 23 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Staff Report Sample Agreement Public Works Director Rich Szpyrka recounted for the Board that in April 2013, the Vero Lake Estates Municipal Service Taxing Unit (MSTU) Committee provided a prioritized list of roadways that needed to be milled or paved, including the stretch of 85th Street from 96th Avenue to 101st Avenue. Director Szpyrka explained that millings roads, while less expensive than paved roads, degraded faster than had been projected and resulted in time-consuming, short-term fixes. Additionally, the Florida Department of Transportation (FDOT) did not recognize asphalt millings as a permanent driving surface which left the County without standards to evaluate their construction quality. The project was bid with a base cost for millings and an alternate cost to add paving. Given the concerns with the longevity and quality of millings roadways, staff recommended the alternate bid for paving. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher G Utilities Services 12.G.1. 19-0752 North Sebastian Septic to Sewer Phase 2 Status and Direction Recommended Action: There are numerous benefits to be gained by the construction of a sanitary sewer collection and conveyance system in the revised area. A primary benefit, if implemented, will be the elimination of numerous pre -1983 septic systems in the area that have less than 6 -inch separation between the drainfield and the groundwater table, which may result in nutrient loadings to groundwater table and potential nutrient transfer to the Indian River Lagoon. Given that a majority of the existing septic systems are pre -1983, the protection and restoration of the Indian River Lagoon is currently a contentious topic, and the health, economic viability, sustenance and well-being of the residents in the subject area are vital, staff recommends moving forward with the revised project. Staff requests the Board of County Commissioners (BCC) authorize staff to: 1. Present details of the revised project to include anticipated costs to benefitting property owners at a community meeting. Therefore, request staff work with the Roseland Community leaders to get the word out prior to the community meeting; and, 2. Update the BCC of the outcome of the community meeting prior to the execution of the FY 19-20 Legislative Appropriations grant. Attachments: Staff Report Indian River County Florida Page 24 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Director of Utility Services Vincent Burke appeared before the Board with an update on the North Sebastian Septic to Sewer (S2S) Phase 2 project. He informed the Board that the County had received $500,000 which represented only one-third of the requested funding from a Legislative Appropriations grant. Using a PowerPoint presentation, Director Burke reviewed the timeline of the project to date and the area of Sebastian planned for S2S conversion and water installation. He noted that since the legislative grant was less than needed, staff sought and received approval from the Florida Department of Environmental Protection (FDEP) to reduce the scope of the project from 201 parcels to 75 parcels. The presentation continued with three (3) suggestions to obtain the funding needed to cover the grant shortfall. Each scenario detailed the cost of providing sewer, water, or both services with variations on the amount of money provided by the optional sales tax fund and the County. Director Burke requested the Board's direction on whether or not to pursue the S2S conversion in reduced form, and he explained the next steps in the process should it be approved. Discussion ensued among the Commissioners on the merits of providing sewer and water to these parcels, and the responsibility of the County to fund the project. Chairman Solari stated his objections to S2S conversions, noting they were not a cost-effective way to reduce nitrogen in the Lagoon. The following speakers appeared before the Board: Glenn Powell, 12845 Bay Street, spoke in favor of having the County invest in providing sewer and water services to North Sebastian. Fern Grounds, 2375 1lth Court SW, received clarification on the County's Optional Sales Tax fund. The Board returned to discussion of the issue, and agreed to direct staff to move forward with the project. Additionally, the Commissioners approved supporting funding scenario three (3) which used money from the Optional Sales Tax fund, while staff also pursued an additional grant from the St. John's River Water Management District to offset the use of tax dollars. A motion was made by Vice Chairman Adams, seconded by Commissioner O'Bryan, to approve staffs recommendation with Funding Scenario Option 3, which used funds from the Optional Sales Tax Fund while also continuing to pursue additional grant money. The motion carried by the following vote: Indian River County Florida Page 25 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Aye: 3 - Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Nay: 1 - Chairman Solari Absent: 1 - Commissioner Flescher 13. COUNTY ATTORNEY MATTERS 13.A. 19-0723 Indian River County, St. Lucie County and Martin County Joint Board Meeting Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners adopt the resolution to hold a joint meeting with the Board of County Commissioners for St. Lucie County and the Board of County Commissioners for Martin County to discuss joint legislative priorities in anticipation of the State of Florida's 2020 legislative session. Attachments: Staff Report Resolution for Joint Meeting 2019 County Attorney Dylan Reingold recalled that Commissioners from Indian River, Martin, and St. Lucie Counties had attended a Joint Board meeting in 2018 during which all three Boards discussed legislative priorities for the upcoming year. Martin and St. Lucie Counties have reached out to the Board to see if there was interest in another joint meeting to discuss the shared 2020 Legislative concerns. Attorney Reingold announced the tentative date for the meeting was October 3, 2019, and noted that Florida statutes required a resolution authorizing participation. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve Resolution 2019-065, authorizing the Board of County Commissioners for Indian River County to participate in a joint meeting with the St. Lucie County Commission and Martin County Commission to discuss and plan matters of mutual interest; and providing for an effective date. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher The Chairman called a recess at 12:03 p.m. and reconvened the meeting at 12:18 p.m. with Commissioner Flescher absent. 13.B. 19-0710 Interlocal Agreement with the City of Sebastian Regarding Fire Marshal Services Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve and authorize the chair to execute the interlocal agreement. Indian River County Florida Page 26 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Staff Report Sebastian ILA on Fire Marshal (city proposal July 16) County Attorney Dylan Reingold highlighted details from the negotiated interlocal agreement (ILA) with the City of Sebastian (the City) for Fire Marshall services. Referring to staffs memorandum of July 31, 2019, Attorney Reingold reviewed the services that would be under the City's control, insurance and indemnity provisions, and the experience requirements for newly -hired individuals. He noted that the ILA would be in effect for ten (10) years. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 3 - Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Nay: 1 - Chairman Solari Absent: 1 - Commissioner Flescher 13.C. 19-0756 Recommended Action: Acquisition of Right -Of -Way Parcel 102 for Phase II of 66th Avenue Improvements from Harris Groves, 61st Street and 66th Avenue Staff recommends the Board approve the mediation agreement to purchase the 3.75 acre Harris Groves property for $218,500 with the stated conditions, approve costs incurred by Harris Groves of $24,230 and approve the settlement of attorney's fees of $44,022 and authorize the Chairman to execute the Pre -Suit Mediation Settlement Agreement on behalf of the Board. Attachments: Staff Report Deputy County Attorney William DeBraal appeared before the Board to request approval for acquisition of a portion of the Harris Groves property to be used as right-of-way in the 66th Avenue improvements. The former citrus grove is zoned A-1 Agricultural, and is currently being used as pasture land for the family's cattle business. Attorney DeBraal recounted that in 2008, the Board had offered Harris Groves $148,350 for a 3.75 acre parcel of the property, including damages and costs. When negotiations resumed in July 2017, the property owners presented their own appraisal of $646,000 for the needed portion. After further discussion, an agreement was reached for a sum of $218,500 which included the 3.75 acres, severance damages, replacement of fencing, and relocation of a dirt road. An additional $68,252 would be included for attorney's fees and costs incurred by Harris Groves. Commissioner O'Bryan expressed dismay at the steady increase of land prices along 66th Avenue, and requested a copy of the Harris Groves appraisal which was Indian River County Florida Page 27 Board of County Commissioners Meeting Minutes - Final August 13, 2019 five -times the cost -per -acre of similar properties. Commissioner O'Bryan made a Motion to reject the settlement agreement and instead offer Harris Groves the original $148,350 from 2008 with a seven-day window for acceptance. The Motion failed for lack of a second. Chairman Solari and Commissioner O'Bryan agreed that an analysis of right-of-way costs would be warranted; Vice Chairman Adams also supported returning with an Agenda item to further discuss the issue. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 3 - Chairman Solari, Vice Chairman Adams, and Commissioner Zorc Nay: 1 - Commissioner O'Bryan Absent: 1 - Commissioner Flescher 13.D. 19-0747 Vaping Update Attachments: Staff Report County Attorney Dylan Reingold provided the Board with a follow-up to their June 18, 2019 directive to research ways to regulate vaping. Attorney Reingold compared and contrasted Florida law related to tobacco and nicotine devices, local and state ordinances, and measures implemented by Alachua County. He sought guidance from the Board on how they wished to move forward on vaping regulations. Commissioner Zorc and Attorney Reingold discussed enforcement of local ordinances, and the available options to the County regarding local licensing of retailers. Chairman Solari surmised that the real issue lay in the regulation of nicotine rather than delivery vehicles like cigarettes and vaping devices. He suggested that the State change their regulations from cigarettes and vaping devices to focus on nicotine regulation. Commissioner Zorc made a Motion to ask the State to consider nicotine regulation by adding the issue to the County's list of State Legislative priorities. UNDER DISCUSSION, Chairman Solari opted to hear from the public before calling for a vote on the item. The following speakers addressed the Board: Kylie Savoy, 1040 10th Avenue, presented statistics on smoking and advocated for a local tobacco retail license. Indian River County Florida Page 28 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Pedro Bernabe, Phoenix Wellness Center, urged the Board to take the lead in local tobacco regulation. Marie Wygonic Blanchard, 1425 22nd Avenue, spoke on nicotine's impact on teenagers, and supported using the Alachua County regulations as a template for Indian River County. Discussion returned to the Motion before the Board, with Commissioner Zorc noting that the County could again consider local regulation should the State effort fail. A motion was made by Commissioner Zorc, seconded by Chairman Solari, to include adding State control of nicotine regulation to the 2020 State Legislative List of Concerns. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 13.E. 19-0711 Opioid Litigation Update Recommended Action: This is an information item. There is no recommendation. Attachments: Staff Report County Attorney Dylan Reingold presented an update on the Opioid litigation as he had been directed by the Board on March 6, 2018. His report recapped the following items: consolidation of federal cases into the Multi District Litigation in the Northern District of Ohio; a plan to create a negotiating class which would obtain global settlements of the federal lawsuits; and the State of Oklahoma's civil lawsuit which was headed toward settlement. The following speakers made presentations before the Board: Attorney Cynthia Angelos, Port St. Lucie, presented statistics on the local impact of opioid use and requested that Indian River County join the negotiating class in the federal lawsuit. Attorney Michael Kahn, Melbourne, appeared on behalf of his lawgroup which represents several Florida counties and cities in the negotiating class lawsuit. He provided additional information about the lawsuit and requested Indian River County's participation as well. The Board discussed the presentations, with Chairman Solari noting that the County would need to receive a request for proposal from the law group to consider participation. Commissioner O'Bryan confirmed with Attorney Reingold that local governments would be included unless they specifically opted out. Attorney Reingold stated he did not see any urgency in the matter, but would keep the Board informed. Indian River County Florida Page 29 Board of County Commissioners Meeting Minutes - Final August 13, 2019 The Board's consensus was to have the County Attorney keep the Board informed of any changes in the case. No Action Taken or Required 13.F. 19-0760 Agriculture Advisory Committee Appointment Recommended Action: The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint her to fill the unexpired term for the "Associated Industry" representative to the Agriculture Advisory Committee. Attachments: Staff Report Application -Anna Kirkland Resume -Anna Kirkalnd There was no discussion regarding this item. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to appoint Anna Kirkland to fill the unexpired term for the "Associated Industry" representative to the Agriculture Advisory Committee. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman 14.8.1. 19-0749 IRLNEP CCMP Resolution of Support Recommended Action: Request discussion and support Attachments: Commissioner's Memorandum IRLNEP CCMP Resolution of Support (Clerk's Note: This item was heard following Item S.D. and is placed here for continuity.) Vice Chairman Adams requested the Board's approval of a resolution of support for the Indian River Lagoon Council's (the Council) adoption of the Indian River Lagoon National Estuary Program (IRLNEP) Comprehensive Conservation and Management Plan (CCMP). The Vice Chairman explained Indian River County Florida Page 30 Board of County Commissioners Meeting Minutes - Final August 13, 2019 that all member counties of the Council were asked to pass similar resolutions as a unified show of support. Dr. Duane DeFreese, Executive Director of the Council, appeared before the Board to expound on the significance of the CCMP which provides information and a list of action items to improve the Lagoon's health. Dr. DeFreese advised that this document should be used as a master plan for staff and other organizations who are working on Lagoon -related projects. He closed by thanking the Board, County staff, and citizens for their support of the IRLNEP. A motion was made by Vice Chairman Adams, seconded by Commissioner O'Bryan, to approve Resolution 2019-066, in support for IRL Council adoption of the Indian River Lagoon National Estuary Program Comprehensive Conservation and Management Plan: "Looking Ahead to 2030". The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Brvan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District The Board of County Commissioners reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District meeting. 15.A.1. 19-0554 Approval of Minutes Meeting May 7, 2019 Recommended Action: Approve Attachments: 05072019ESD Draft Approved 15.A.2. 19-0614 Approval of Minutes Meeting of May 21, 2019 Recommended Action: Approve Attachments: 05212019ESD Draft Approved Indian River County Florida Page 31 Board of County Commissioners Meeting Minutes - Final August 13, 2019 15.A.3. 19-0681 Approval of Minutes Meeting June 11, 2019 Recommended Action: Approve Attachments: 06112019ESD Draft A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve the Emergency Services District Meeting Minutes of May 7, 2019, May 21, 2019, and June 11, 2019 as written. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 15.A.4. 19-0748 Recommended Action: Approval of Affiliation Agreement Renewal between Health Career Institute, LLC and Indian River County Emergency Services District Staff recommends approval of the Affiliation Agreement between Health Career Institute, LLC and Indian River County Emergency Services District. Attachments: Staff Report First Extension Affiliation Agreement with HCI (Clerk's Note: This item was heard following Item 10.B.3. and is placed here for continuity.) Chief Stone was present, however there was no discussion regarding this item. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher B. Solid Waste Disposal District 15.13.1. 19-0741 Recommended Action: 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. Final Pay to Geosyntec for Work Authorization No CCNA-2018 WO No 4 - Evaluation of Landfill Liquids Management Options Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $6,606.50 Indian River County Florida Page 32 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Attachments: Staff Report There was no discussion regarding this item. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 15.B.2. 19-0740 Final Pay to CDM Smith for CCNA 2018 Work Order No. 2 - Contamination Evaluation Plan Implementation Recommended Action: Solid Waste Disposal District staff recommends that its Board approve CDM Smith's final invoice amount of $2,358.75 Attachments: Staff Report There was no discussion regarding this item. 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: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 15.6.3. 19-0754 Update on Potential Transition to Mandatory Garbage Collection Recommended Action: Staff recommends that the Board authorize staff to obtain proposal for outside services to assist with the identification, education and enforcement of residents that are utilizing recycling carts for garbage service. Staff recommends not implementing mandatory collection until October 1, 2022. Attachments: Staff Report Letter from Waste Management to Jason Brown dated July 29, 2019 E -Mail from Waste Management to Jason Brown dated August 1, 2019 Vincent Burke, Director of Utility Services, and Himanshu Mehta, Managing Director of the Solid Waste Disposal District (SWDD), appeared before the Board with an update to the progress made regarding the implementation of mandatory garbage service in the County. In an effort to stop the use of recycling carts for garbage, the Board voted on July 19, 2019 and July 23, 2019 to execute a provision in their contract with Waste Management to move from subscription service to mandatory/universal collection service for all County residents. Indian River County Florida Page 33 Board of County Commissioners Meeting Minutes - Final August 13, 2019 Director Mehta used a PowerPoint presentation to further detail the contamination issue, the action plan implemented by SWDD, and the ramifications of having contaminated recycling loads. His presentation also recounted recent discussions with Waste Management regarding the implementation of universal collection, and concluded with staff's recommendation. The Board first discussed and clarified Waste Management's July correspondence which confirmed the contracted rate for residents inside the Urban Service Area (USA), but raised the current subscription rate for residents outside the USA. Additionally, Waste Management requested to waive or redefine negotiated items in their contract which did not expire until September 30, 2022. Discussion continued with Commissioners and staff expressing their dismay at Waste Management's rate increase for service outside the USA, as well as their requests to modify their contract at this juncture. The Board also expressed concern for the need to meet state -mandated recycling levels, the legality of Waste Management's requests, and responsibility for contamination oversight. The Chairman opened the discussion to public comment. Fern Grounds, 2375 11th Court SW, spoke in favor of mandatory garbage service in the County. Lisa McKnight, Waste Management Area Public Sector Director, addressed the Board with a prepared statement which outlined the company's issues with their existing contract and the challenges of providing universal service to the County. Members of the Board reacted to Ms. McKnight's statements and concluded the discussion when it was apparent the County and Waste Management were at an impasse. Chairman Solari called for a vote on staff's recommendation to keep the existing system and not implement mandatory pick up at this time. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staffs recommendation to refrain from implementing mandatory collection until October 1, 2022. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher 15.13.4. 19-0757 Change Order No. 5 to Thalle (Bid #2018025) Recommended Action: Solid Waste Disposal District staff recommends that its Board approve and Indian River County Florida Page 34 Board of County Commissioners Meeting Minutes - Final August 13, 2019 authorize the Chairman to execute Change Order No. 5 approving extension in contract time for Milestone 1, Milestone 2, and Final Completion by 68 days and allow the use of $530,761.05 from contingency funding to Thalle Construction Company, Inc., for the Segment 3 Cell 2 Expansion, Segment 2 Partial Closure and Landfill Gas System Expansion project. Attachments: Staff Report CDM Smith Letter of Recommendation Change in Contract Summary Log Director of Utility Services Vincent Burke appeared before the Board seeking approval of Change Order Number 5 from Thalle Construction for work associated with the County landfill expansion. He noted that the additional costs would be covered by the contingency fund. A motion was made by Vice Chairman Adams, seconded by Chairman Solari, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Solari, Vice Chairman Adams, Commissioner O'Bryan, and Commissioner Zorc Absent: 1 - Commissioner Flescher C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 1:59 p.m. Indian River County Florida Page 35 Board of County Commissioners Meeting Minutes — Final August 13, 2019 ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By:�t'C l%% ��� U eputy Clerk BCC/RW/2019 Minutes dams, Chairman DEC 0 3 2019 Approved: Indian River County Florida Page 36