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HomeMy WebLinkAbout09/17/2019 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www. ircgov. com evERN Meeting Minutes - Final Tuesday, September 17, 2019 9:00 AM Commission Chambers Board of County Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes - Final September 17, 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 Chaplain William Mead, Indian River Estates East 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5. PROCLAMATIONS and PRESENTATIONS S.A. 19-0771 Presentation of Proclamation Honoring William A. Paquette on His Retirement From Indian River County Board of County Commissioners Department of General Services, Sandridge Golf Club with Twenty -Seven Years of Service Attachments: Proclamation Chairman Solari read and presented the Proclamation honoring William "Mr. Bill" Paquette on his 27 -year career at the Sandrridge Golf Club. Mr. Paquette was joined by Sandridge Director of Golf Bela Nagy and Assistant County Administrator Mike Zito who congratulated him on his award-winning tenure as Pro Shop Attendant. Mr. Paquette thanked the Board, staff, and past employees, noting that this was not a job, but a pleasure. Read and Presented 6. APPROVAL OF MINUTES 6.A. 19-0854 Regular Meeting of June 18, 2019 Recommended Action: Approve Attachments: 06182019BCC Draft Approved Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final September 17, 2019 6.B. 19-0874 Regular meeting of July 2, 2019 Recommended Action: Approve Attachments: 07022019BCC Minutes Approved 6.C. 19-0875 Regular Meeting of July 9, 2019 Recommended Action: Approve Attachments: 07092019BCC Aye: 7. INFORMATION I ACTION 7.A. 19-0856 A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve the Regular Meeting Minutes of June 18, 2019, July 2, 2019, and July 9, 2019 as written. The motion carried by the following vote: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc TEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD Planning and Zoning Commission Vacancy Attachments: Staff Report Angela Waldrop 09.06.19 Email Resignation No Action Taken or Required 7.B. 19-0868 City of Sebastian Ordinance 0-19-04, Notice of Annexation of 1,118 Acres, is on file for review in the Office of the Clerk to the Board. Recommended Action: No Action Required No Action Taken or Required 8. CONSENT AGENDA Aye: 8.A. 19-0864 A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve the Consent Agenda as presented. The motion carried by the following vote: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Recommended Action: Voucher Program Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2020 and authorize the Chairman to execute the resolution on behalf of the Board. Attachments: Staff Report Resolution Approved Resolution 2019-071, approving payment standards for beginning Fiscal Year 2020 for the Housing Choice Voucher Program. 8.B. 19-0865 Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program Recommended Action: Staff recommends the Board approve the utility rate resolution for Fiscal Year 2020 and authorize the Chairman to execute the resolution on behalf of the Board. Attachments: Staff Report Resolution 8.C. 19-0839 Approved Resolution 2019-072, approving revisions to the Housing Choice Voucher Program Utility Allowance Schedule for Fiscal Year 2020. Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services. Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to be effective for a period of two (2) years commencing October 5, 2019, and expiring October 5, 2021. Attachments: Staff Report ARC of Indian River County Application Documents ARC COPCN Application Approved staffs recommendation 8.D. 19-0769 Agreement with the Indian River County Fair Association, Inc. and the Vero Beach Firefighters Association, Inc. for Use of the Indian River County Fairgrounds Recommended Action: Staff recommends the Board accept the Agreement for Use of the Indian River County Fairgrounds agreement and authorize Chairman to execute. Attachments: Staff Report Fire Fighters Fair Contract renewal Approved staffs recommendation Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final September 17, 2019 8.E. 19-0847 Approval of Agreement with Indian River County Sheriffs Office for Use of the Indian River County Public Shooting Range Staff recommends that the Board of County Commission accept and authorize the Chairman to sign the agreement between the Indian River County and the Sheriffs Office. Recommended Action: Attachments: Staff Report 2019-2022 Shooting Range Agreement with Sheriff Approved staffs recommendation 8.F. 19-0870 Notice of Grant Award from the Florida Department of Environmental Protection, Coastal Partnership Initiative for the Jones' Pier Conservation Area Saltmarsh Wetland and Hydric Hammock Restoration - Grant Agreement Number CZ210 Recommended Action: Staff respectfully requests that the Board accept the Florida Department of Environmental Protection Coastal Partnership Initiative grant agreement for the Jones' Pier Conservation Area Wetland and Hammock Restoration Project, Agreement Number CZ219 and authorize the Chairman to execute the Standard Grant Agreement between the State of Florida, Department of Environmental Protection and Indian River County. Attachments: Staff Report CZ219-Jones' Pier format CPI Jones Grant Form Approved staffs recommendation 8.G. 19-0743 Termination and Re -Award of Bid# 2019059 - Containment Coating at NCRO Facility Staff recommends that the Board of County Commissioners terminate the award of bid 2019059 to Citrus Sandblast LLC, and award to Roof Painting by Hartzell. Recommended Action: Attachments: Staff Report Approved staffs recommendation 8.H. 19-0858 First Extension of Agreement for Automated Teller Machine Services Recommended Action: Staff recommends the Board approve the first extension, and authorize the Chairman to sign after the County Attorney has reviewed it for legal sufficiency. Attachments: Staff Report First Amendment to Agreement Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Approved staffs recommendation 8.1. 19-0859 First Amendment to Agreement for Annual Lift Station Rehabilitation (Bid 2019047) Recommended Action: Staff recommends the Board approve the first amendment to the agreement and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. Attachments: Staff Report First Amendment to Agreement Approved staffs recommendation 8.J. 19-0861 Ranking of Firms for RFQ 2019070 Water Plant and Water Resource Engineering Services Staff recommends that the Board of County Commissioners approve the ranking developed by the Committee and authorize staff to negotiate with the top ranked firm, as well as the subsequently ranked firms, should negotiations with the top ranked firm fail. Recommended Action: Attachments: Staff Report Approved staffs recommendation with the final ranking of firms being: 1) Kimley-Horn and Associates; 2) Reiss Engineering; and 3) Mead & Hunt. 8.K. 19-0869 Ranking of Firms and Approval of Agreement for RFP 2019069 - Visitor and Tourism Study Recommended Action: Staff recommends the Board approve the committee's final ranking of firms and award the solicitation to the Haas Center. Staff also recommends the Board approve the Contract for Services Agreement and authorize the Chairman to execute the agreement after the County Attorney has approved it as to form and legal sufficiency. Attachments: Staff Report Contract for Services Agreement Approved staffs recommendation with the final ranking of firms being: 1) University of West Florida's Haas Center for Business Research and Economic Development (Haas Center); 2) Intelligent Analytics and Modeling (IAMECON); and 3) Carr, Riggs & Ingram (CRI). 8.L. 19-0850 Wabasso Causeway Fishing Pier Demolition Project (IRC -1712), Release of Retainage and Change Order No. 1 Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 3 to Underwater Engineering Services, Inc. in the Recommended Action: Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final September 17, 2019 amount of $35,890.40 for release of retainage. Attachments: Staff Report Change Order No. 1 Description of Itemized Changes Approved staffs recommendation 8.M. 19-0862 Work Order No. 12 - Morgan & Eklund, Inc. Post Hurricane Dorian Beach Profile Surveys Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 12 to the Professional Land Surveying and Mapping Services contract No. 1605 with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County Attachments: Staff Report Scope of Work Summer Semi -Annual Coastal Monitoring Survey Morgan and Eklund WO No.12 signature page Approved staffs recommendation 8.N. 19-0863 Approval of Kimley-Horn Work Order No. 15, "Ixora Park Sewer System Rehabilitation" Recommended Action: Staff recommends that the Board of County Commissioners approve Work Order No. 15 to authorize Kimley-Horn & Associates, Inc to prepare a full set of recommendations and bid documents to restore and replace gravity sewer lines in the Ixora Park subdivision. Attachments: Staff Report Kimlev-Horn and Associates Inc Work Order No 15 Approved staffs recommendation 8.0. 19-0878 Resolution Requesting the Legislature Designate SR 510 Bridge #53 as the "A.B. Michael Bridge" Staff recommends the Board of County Commissioners approve the proposed Resolution, which requests the Florida Legislature enact legislation designating SR 510 Bridge #53 as the "A.B. Michael Bridge" and which also requests the Florida Legislature direct FDOT to erect markers on the bridge reflecting that designation. Recommended Action: Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Attachments: Staff Report County Resolution A.B. Michael Bridge A.B. Michael Biography FDOT Designations Fla. Statute 334.071 Approved Resolution 2019-073, honoring the legacy of A.B. Michael and requesting the Florida Legislature designate State Road 510 Bridge #53 as the A.B. Michael Bridge; and providing for an effective date. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 19-0857 Indian River County Sheriff Deryl Loar: Expenditure from the Criminal and Sex Offender Registrant Fee Account Recommended Action: Approve request Attachments: Registrant Fund Request 091719 Indian River County Sheriff Deryl Loar thanked the Board for their support of his request to use court fees for the renewal of OffenderWatch software and mobile services. Commissioner Zorc received confirmation that the list of sex offenders is still displayed on the Sheriffs website. A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve Indian River County Sheriff Deryl Loar's request for $15,000 in expenditures from the Criminal and Sex Offender Registrant Fee account. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. 19-0765 FINAL PUBLIC HEARING: County Initiated Request to Amend (Update) the Text of the Capital Improvements Element of the County's Comprehensive Plan to Modify Certain Concurrency Management Requirements and to Update the Transportation Element to Modify Certain Transportation Level of Service Standards, and to Remove and Replace Outdated Text, Data, and Maps (Legislative) Recommended Action: Based on the analysis performed, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed Comprehensive Plan text amendment by approving the proposed ordinance and authorize the Community Development Director to transmit the ordinance and any related materials to the state land planning agency and interested parties. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Attachments: Staff Report Application Portion of 12-4-18 BCC Meeting Minutes Portion of PZC 04-25-19 Minutes Review Agency Comments Ordinance 10.A.2. 19-0775 Bill Schutt, Chief of Long Range Planning, appeared before the Board with staff recommended text amendments to the Indian River County Comprehensive Plan's Capital Improvements and Transportation Elements. Using a PowerPoint presentation, Chief Schutt reviewed a timeline of the amendment process, the purpose of the changes, and a detailed list of the proposed text amendments. He continued on to describe the circumstances that initiated the changes, and concluded with staffs recommendation to adopt the ordinance which would implement the amendments. Commissioner Zorc received confirmation that the Transportation Element changes did not address the issue of interconnectivity of roads between commercial developments. Chairman Solari opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to adopt Ordinance 2019-018, amending the text of the Capital Improvements Element of the County's Comprehensive Plan to modify certain concurrency management requirements, modify certain transportation level of service standards, modify and add new policies to allow for more effective implementation of concurrency management; and to update the Transportation Element to modify certain transportation level of service standards, and to remove and replace outdated text, data, and maps; and providing codification, severability, and effective date. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc Edisson E. Vasquez's Request for Abandonment of a 5' Wide Portion of a 70' Right -of -Way for 24th Street, Adjacent to Lot 1, Block 5 of the Heathland Subdivision [ROWA-18-12-05 / 2018070145-82708] (Legislative) Recommended Action: Staff recommends that the Board of County Commissioners abandon its rights to the subject portion of the 24th Street right-of-way, but with retainage of a public drainage and utility easement over the entire area of right-of-way abandonment, and authorize the chairman to execute the abandonment resolution. Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Attachments: Staff Report Location Map Abandonment Resolution John McCoy, Chief of Current Development, appeared before the Board to present the details of the right-of-way abandonment sought by Edisson Vasquez. Using a location map for reference, Chief McCoy discussed the area to be abandoned, noting that the roadway had utility improvements. He continued with staffs recommendation to abandon a 5 -foot portion of the right-of-way while retaining drainage and utility easements over the entire area. Commissioner O'Bryan asked and received answers regarding the lack of sidewalks along this roadway. Chairman Solari opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner Zorc, seconded by Vice Chairman Adams, to approve Resolution 2019-074, providing for the closing, abandonment, vacation and discontinuance of a 5' wide portion of a 70' right-of-way for 24th Street lying west of 44th Ave adjacent to the North property line of Lot 1, Block 5 of the Healthland subdivision, per Indian River County Plat Book 4, page 39, of the public records of Indian River County, Florida, with retainage of a public drainage and utility easement over the entire area. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc B. PUBLIC DISCUSSION ITEMS 10.B.1. 19-0860 Request to speak from Fern Grounds regarding littering/trash on our roads and highways Recommended Action: Attachments: Public Discussion Request Fern Grounds Speaker not present. No Action Taken or Required C. PUBLIC NOTICE ITEMS 10.C.1. 19-0846 Notice of Scheduled Public Hearing for October 1, 2019: Mark W. Plate's Request for Abandonment of a 130' Long Segment of the 70' Wide 57th Avenue Right -of -Way South of 97th Place of the Tropicana Homesites Subdivision, Plat Book 4 Page 20 [ROWA-18-07-03 / 2017030059-81633] (Legislative) Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Recommended Action: This notice of public hearing is provided for the Board's information. No action is needed at this time. Attachments: Staff Report 10.C.2. 19-0848 County Attorney Dylan Reingold read the Public Notice item into the record. No Action Taken or Required Public Notice of Public Hearing Scheduled for October 1, 2019 to Consider an Application for a Class "B" and Class "El" Certificate of Public Convenience and Necessity for MCT Express, Inc. dba United Medical Transportation - Administrative Attachments: Staff Report 10.C.3. 19-0849 County Attorney Dylan Reingold read the Public Notice item into the record. No Action Taken or Required Public Notice of Public Hearing Scheduled for October 1, 2019 to Consider an Application for a Class "B" Certificate of Public Convenience and Necessity by Cleveland Clinic Martin Health for Martin Health System, Advanced Medical Transport - Administrative Attachments: Staff Report County Attorney Dylan Reingold read the Public Notice item into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 11.A. 19-0844 Recommended Action: Ratification of Collective Bargaining Agreement Between Indian River County and Teamsters, Local Union No. 769 Effective October 1, 2019 through September 30, 2022 Staff respectfully recommends approval of the Agreement and requests that the Board of County Commissioners authorize its Chairman to sign the full Agreement. Attachments: Staff Report Teamsters Proposed Contract 2019-2022 County Administrator Jason Brown presented details of the 3 -year agreement with Teamsters Local Union 769 which included wage increases, tool allowances, as well as other minor changes. He went on to thank the Union and County bargaining teams for their assistance in reaching the agreement. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final September 17, 2019 A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. 19-0843 Request to Waive Bid Process for Community Development Software Recommended Action: Staff recommends that the Board of County Commissioners waive the bid process and approve the attached MGO Community Development Software agreement. Attachments: Staff Report MGO web -based Community Development Software Agreement Community Development Director Roland DeBlois requested the Board's consideration in waiving the bid process as his department seeks to replace their software with an updated system. Director DeBlois began his PowerPoint presentation with a review of the department's current software, explaining that it was cumbersome because it required staff to synchronize separate programs for permitting and inspections. The presentation continued with the discovery process and a comparison of the most popular permitting applications. After inter -departmental input, staff recommended the My Government Online (MGO) program. Director DeBlois detailed the unique qualities of this software which was created to serve government jurisdictions, and has the ability to coordinate several departments such as permitting, inspections, planning and zoning, and others. He continued with a list of the benefits of MGO, other user's experiences, the cost, and a phased implementation plan. Since MGO utilizes an inter -governmental agreement rather than a standard contract, staff recommended waiving the usual bid process and the adoption of this system. Commissioner O'Bryan received confirmation that the MGO software was user-friendly and accessible through the internet. Debby Phail, County Applications Specialist, addressed Commissioner O'Bryan's safety concerns with details of MGO's secure, cloud -based servers, and noted that other security issues were addressed in the inter -governmental agreement. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Commissioner Zorc requested a breakdown of the costs by all the departments that would utilize the software. County Administrator Jason Brown confirmed that there was a cost allocation for each department, and that he would furnish this information to the Board. In response to Commissioner Zorc's question of timing, Director DeBlois advised that he anticipated a July 2020 date for rollout of the first phase. Vice Chairman Adams voiced her support of the move to upgrade the Building Department's software system. 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 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. 19-0826 FDEP Grant Agreement No. 19IR3 Vero Beach Restoration - Sector 5 Recommended Action: Staff recommends the Board approve FDEP Grant Agreement No. 19IR3 and authorize the Chairman to sign the Agreement on behalf of the County. Following Board approval, the County will transmit the partially executed Agreement to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 19IR3 from the State, staff will transmit to the Clerk to the Board of County Commission for filing Attachments: Staff Report 191R3 Vero Beach Restoration IRC Grant Form 19IR3 Public Works Director Rich Szpyrka appeared before the Board seeking Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final September 17, 2019 approval of a Federal Department of Environmental Protection (FDEP) Grant Agreement designed to assist local governments with beach erosion control. Under the Florida Beach Management Funding Assistance Program, the FDEP had allocated $1.7 million for the feasibility, design, and construction of the Sector 5 Beach and Dune Restoration Project. Director Szpyrka explained the grant agreement would provide half of the funds now, with the remainder available at a later date. He concluded by detailing the sources of the County's matching funds for the Sector 5 project. In response to his question, Commissioner O'Bryan was advised that details of the project would be provided under Item 12.F.2. Award of Bid No. 2019066, Sector 5 Beach and Dune Restoration Project. A motion was made by Commissioner O'Bryan, 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 12.F.2. 19-0871 Award of Bid No. 2019066, Sector 5 Beach and Dune Restoration Project Recommended Action: Staff recommends that the project be awarded to Rio -Bak Corporation in the amount of $4,511,712.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of the agreement and public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. Attachments: Staff Report Sample Agreement Aptim Bid Recommendation Letter 8-23-19 Coastal Resources Coordinator Kendra Cope utilized a PowerPoint presentation to detail the Sector 5 Beach and Dune Restoration Project. She explained that the sand losses from Hurricanes Matthew and Irma caused this stretch of shoreline to be declared critically eroded. The restoration project would replace those losses by placing beach -compatible sand within the project area. Ms. Cope explained the permitting process and the required construction easements needed to access privately owned portions of the beach west of the mean high water line. An interactive map of parcels, which was created to track the status of the approved easements, was presented. Property owners who declined to approve the construction easement would not have sand replaced behind their property. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final September 17, 2019 The presentation continued with photographs of the erosion, the bidding process, and funding sources for the renourishment project. Also included was an estimate of the cost to replace sand lost from Hurricane Dorian's brush with the coast on September 3, 2019. Ms. Cope concluded with staffs recommendation to award the bid to the Rio -Bak Corporation. Commissioner O'Bryan received confirmation that Rio -Back had successfully completed similar projects in Florida. County Administrator Jason Brown recommended using this opportunity to replace the sand lost from Hurricane Dorian as well. He suggested using money from the Beach Restoration Fund Reserve; staff would pursue reimbursement from grants related to Hurricane Dorian when those funds become available. Chairman Solari opened the Public Hearing. Tuck Ferrell, 12546 North A 1 A, advocated for residents in Sector 5 to agree to the easement which allowed replacement of lost sand. He pointed out the importance of the barrier island, and urged residents in Sector 5 to work together to save the beach. There being no further speakers, the Chairman closed the Public Hearing. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve: 1) staffs recommendation; and 2) the use of Beach Restoration Fund Reserves to pay for the additional beach erosion caused by Hurricane Dorian. 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 10:13 a.m., and reconvened the meeting at 10:22 a.m., with all members present. G Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 19-0841 Recommended Action: City of Sebastian Graves Brothers Annexation - Florida Governmental Conflict Resolution Act Resolution The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the draft resolution initiating the conflict resolution procedure under the Florida Governmental Conflict Resolution Act. Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Attachments: Staff Report Chapter 164 Resolution Annexation 2019 Chairman's letter County Attorney Dylan Reingold opened by detailing the County's concerns with the City of Sebastian's (the City) voluntary annexation of 1,116 acres owned by the Graves Brothers Company, which was passed on August 28, 2019. He recounted that on August 13, 2019, the Board had directed the County Attorney to take necessary steps to preserve the County's appellate rights regarding the annexation. Pursuant to that direction, the Attorney's office drafted a Resolution initiating the Florida Governmental Conflict Resolution Act. Attorney Reingold noted that this was an opportunity to discuss the legal issues surrounding the annexation and the County's stated concerns. There being no questions from the Board, the Chairman opened discussion to the public. Paul Carlisle, Sebastian City Manager, addressed the Board with rebuttal to Attorney Reingold's statements regarding water and sewer services. He believed the City had addressed the County's concerns by creating an annexation agreement with the developer, and that they were still open to refining the Interlocal Agreement with the County. Discussion ensued between Mr. Carlisle and the Board regarding the County's request to postpone the City's vote, the County's view that there was a lack of communication, and the supposition that the urgency for the August 28 vote was an attempt to increase the land value ahead of a planned valuation with the Florida Department of Transportation. County Administrator Jason Brown made mention of the omission of a right-of-way agreement along County Road 510 in the City's annexation agreement with the developer. Jeff Bass, President and CEO of the Graves Brothers Company, appeared before the Board to discuss the water and drainage planning for the annexed land. He refuted the suggestion that the urgency for the August 28 vote was to increase the land value, stating that the timing of the voluntary annexation was his prerogative. Mr. Bass continued with an appeal to work out the County's and City's annexation issues ahead of initiation of the Conflict Resolution Act. Joseph Paladin, Indian River Neighborhood Association (IRNA), stated that the IRNA supported the County and their concerns that there was not enough impact planning in the City's annexation agreement with the developer. The IRNA suggested more communication was needed to address all parties concerns. Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final September 17, 2019 Donna Halloran, 925 Greenbrier Avenue, stated that she and other residents have filed a formal legal action suit against the annexation and described the process as a farce. Ed Dodd, Sebastian City Councilmember, defended the City's handling of the annexation process, and discussed the City's pending issues with the County over water and sewer services. Carter Taylor, Board member, Clean Water Coalition, expressed the need for local governments to cooperate, and voiced concerns over possible annexation of contiguous parcels. Administrator Jason Brown addressed some of the speakers' comments on issues such as permitting of a planned water farm, a shared -use pond agreement, and water/wastewater capacity limits due to infrastructure constraints. Discussion continued on the issue of utilities infrastructure with Commissioner Zorc and Utility Director Vincent Burke detailing the challenges, costs, and timeline needed to expand the County's water and wastewater processing capacities in order to accommodate the annexed land. Commissioner Flescher raised the question of having a special call meeting to further discuss the County's interests related to the annexation. Attorney Reingold and Administrator Brown discussed the challenges of holding a special call meeting, and noted that the conflict resolution process allowed time for County and City staff to negotiate their concerns. Comments closed with Vice Chairman Adams' comments on the annexation process, and her support for the conflict resolution process. A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve Resolution 2019-075, declaring the intent of the Board to initiate the Conflict Resolution procedures set forth in Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act; finding that a conflict exists with the City of Sebastian with respect to the Graves Brothers Company Voluntary Annexation; directing the County Administrator to mail a certified copy of this resolution to the City of Sebastian as well as the City of Fellsmere. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13.B. 19-0873 Land Swap with St. Lucie County Recommended Action: The County Attorney's Office recommends the Indian River County Board of County Commissioners support the boundary change and authorize the County Attorney's Office to draft a resolution in support of the boundary change and Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final September 17, 2019 authorize County staff to take any other actions necessary to assist in the boundary change process. Attachments: Staff Report IRC -SLC Parcel Swap County Attorney Dylan Reingold recounted the details of the property owned by Oscar and Gretchen Szentirmai located at 2498 South Highway Al A, on the east side of Al A. The property lies partly in Indian River County and partly in St. Lucie County. While a previous construction agreement addressed issues of permitting, impact fees, and concurrency, it did not address issues related to the provision of services to the property. Mr. Szentirmai has requested a boundary change which would place the entire property in Indian River County and eliminate any confusion about the provision of services. Discussions ensued between the two counties with a tentative agreement to have property along the west side ofAlA designated as being in St. Lucie County in exchange for the Szentirmai property being relocated to Indian River County. Attorney Reingold advised that upon the Board's approval, the matter would next move to the Florida Legislature for approval of the boundary change. 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 14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Peter D. O'Bryan E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final September 17, 2019 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 11:38 a.m. Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes - Final September 17, 2019 ATTEST: rey R. ith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller BCC/RW/2019 Minutes dams, Chairman DEC 17 261 Approved: - - - Indian River County Florida Page 19