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HomeMy WebLinkAbout01/07/2020 (2)Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Meeting Minutes - Final Tuesday, January 7, 2020 9:00 AM Commission Chambers Board of County Commissioners Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 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 January 7, 2020 1. CALL TO ORDER Present: 5 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Dr. Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center 3. PLEDGE OF ALLEGIANCE Chairman Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Regular Meeting Minutes of October 1, 2019, October 8, 2019, and October 15, 2019, as presented. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 6.A. 19-1161 Regular Meeting of October 1, 2019 Recommended Action: Approve Attachments: 10/01/19 BBC Draft Minutes Approved 6.B. 19-1162 Regular Meeting of October 8, 2019 Recommended Action: Approve Attachments: 10/08/19 BCC Draft Minutes Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Approved 6.C. 19-1164 Regular Meeting Minutes of October 15, 2019 Recommended Action: Approve Attachments: 10/15/19 BCC Draft Minutes Approved 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 19-1191 Recommended Action: 2020 Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy Committee (TCRPC CEDS) District Appointment Member Listing No action required Attachments: Commissioner's Memorandum 2020 TCRPC CEDS Appointment Letter No Action Taken or Required 7.B. 19-1193 Appointment of District 1 Appointee to the Planning & Zoning Commission (P&Z) Recommended Action: No action required Attachments: Commissioners Memorandum Beth Mitchell P&Z Application No Action Taken or Required 7.C. 19-1170 Order PSC -2019 -0544 -TRF -EI approving one-year extension of FPL's VSP pilot program; revised tariff effective 1/1-12/31/20, is on file in the Office of the Clerk to the Board. Recommended Action: Information Only No Action Taken or Required 7.D. 19-1182 Update on Virgin Trains Expenses Recommended Action: No Action Required Attachments: Staff Report Virgin Trains Expenses Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final January 7, 2020 No Action Taken or Required 7.E. 19-1188 Indian River County Venue Event Calendar Review Recommended Action: This is an informational item only; no Board action is required Attachments: Staff Report No Action Taken or Required 7.F. 19-1178 Letter from the West Wabasso Progressive Civic League in appreciation for support and approval of the Septic Sewage System Phase 2 Recommended Action: For information only Attachments: West Wabasso Progressive Civic League thank you letter No Action Taken or Required 8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 8.A. 19-1159 Checks and Electronic Payments December 6, 2019 to December 12, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of December 6, 2019 to December 12, 2019 Attachments: Finance Department Staff Report Approved 8.B. 19-1167 Checks and Electronic Payments December 13, 2019 to December 19, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of December 13, 2019 to December 19, 2019 Attachments: Finance Department Staff Report Approved 8.C. 19-1180 Checks and Electronic Payments December 20, 2019 to December 26, 2019 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of December 20, 2019 to December 26, 2019 Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Attachments: Finance Department Staff Report Approved 8.D. 19-1175 Requesting approval of applicants to IRC Census 2020 Community Action Committee Recommended Action: Approve Attachments: Commissioner's Memorandum D Stone Application & Resume J Restrepo Application & Resume B Rhyant statement of interest The following applicants were approved to serve on the IRC Census 2020 Community Action Committee: Ms. Dori Stone, Local Business; Ms. Jessica Restrepo, Oslo area; and Reverend Benny Rhyant, Faith -based Organization. 8.E. 19-1177 Lobbyist for 2020 Legislative Session Recommended Action: County Administration staff recommends that the Board enter into an agreement with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2020, to December 31, 2020, and authorize the County Administrator to execute the referenced agreement. Attachments: Staff Report 2020 Anfield Consulting Agreement Approved staffs recommendation 8.F. 19-1166 Florida Department of Transportation (FDOT) Memorandum of Agreement (MOA) for Oslo Road and I-95 Interchange Right -of -Way Acquisition, Financial Project No. 413048-2-52-01 Recommended Action: Staff recommends the Board of County Commissioners approve the Authorizing Resolution for acceptance of the MOA and authorize the Chairman to execute the same Attachments: Staff Report Authorizing Resolution Memorandum of Agreement Approved Resolution 2020-001, authorizing the Chairman's execution of a Right of Way Acquisition Memorandum of Agreement with the Florida Department of Transportation for acquisition of right-of-way for the relocation of 82nd Avenue, Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final January 7, 2020 8.G. 19-1173 Recommended Action: cul-de-sac construction on 86th Avenue SW, improvements on 13th Street SW, drainage improvements, reconstructions/relocation of existing roadways, sidewalks, curb rams, pedestrian crossings, and other related improvements for the Oslo Road and 1-95 Interchange project. County Endorsement of Closing 8th Street at 74th Avenue for Bridge Replacement, FDOT - Financial Management No. 437717-1, IRC -1822 Staff recommends the Board of County Commissioners approve the Authorizing Resolution endorsing the closure of the 8th Street Bridge as part of FDOT Project No. 437717-1 and authorize the Chairman to execute the same Attachments: Staff Report Authorizing Resolution Draft Temporary Traffic Control Plan Approved Resolution 2020-002, endorsing the closures during construction of the 8th Street and 74th Avenue (CR612) Bridge Replacement Project by the Florida Department of Transportation. 8.H. 19-1176 Approval of Work Order No. 30 with Kimley-Horn for Moorhen Marsh Low Energy Aquatic Plant System Structural Design Staff recommends the Board of County Commissioners approve Work Order No. 30 with Kimley-Horn and authorize the Chairman to execute the Work Order on behalf of the County Recommended Action: Attachments: Staff Report Work Order No. 30 Approved staffs recommendation 8.1. 19-1179 Interest Rate Change on all County Financing Recommended Action: Staff recommends that the Board of County Commissioners approve the fixed interest rate of 4.75%. Staff further recommends that this rate remain in effect for calendar year 2020 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. Attachments: Staff Report County Financing Interest Rate History Approved staffs recommendation 8.J. 19-1183 Ranking of Firms and Authorization to Negotiate - RFQ 2020008 for Lost Tree Island Conservation Area Ecological Enhancement Planning and Design Services Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Recommended Action: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm in accordance with FS 287.055, and the subsequently ranked firms, should negotiations with the top ranked firm fail. Attachments: Staff Report Approved staffs recommendation, with final ranking as follows: 1) Carter Associates, Inc.; 2) Kimley-Horn and Associates, Inc.; and 3) Miller Legg. 8.K. 19-1192 Miscellaneous Budget Amendment 002 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. Attachments: Staff Report Resolution Exhibit "A" Approved Resolution 2020-003, amending the Fiscal Year 2019-2020 Budget. 8.L. 19-1184 Award of Bid Number 2020017 - Jones Pier Wetland Restoration and Conservation Improvements Staff respectfully requests that the Board of County Commissioners award bid number 2020017 to XGD Systems, LLC in the amount of $1,393,951.68. Staff further recommends that the Board approve the sample agreement and authorize the Chairman to execute it after review and approval of the agreement by the County Attorney as to form and legal sufficiency, approval of the required public construction bond by the County Attorney, approval of the required insurance by the Risk Manager, and after contractor has appropriately registered with the Building Division. Recommended Action: Attachments: Staff Report Jones Pier Sample Agreement Approved staffs recommendation 8.M. 19-1186 Upper Floridan Aquifer Groundwater Monitoring Recommended Action: Staff recommends approval of Work Order No. 29 and requests that the Board of County Commissioners authorize the Chairman to execute the Work Order on their behalf to engage the services of Kimley-Horn and Associates for a sum amount of $39,847.00 Attachments: Staff Report Work Order No 29 with KHA Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 19-1158 Indian River County Supervisor of Elections Leslie Swan re: to seek approval to roll the revenues received from conducting the November 5, 2019 Municipal Elections back into the Supervisor of Elections 2019/2020 budget Recommended Action: Approve request Attachments: Municipal Elections Documents Letter from Supervisor of Elections There was no discussion on this item. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the budget request from Supervisor of Elections Leslie Swan. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1 19-1145 Recommended Action: PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Public Hearing for Amendment to Section 100.03 "Amendment or Repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County, Codifying and Publishing the Ordinances to Readopt the Code up to and Including Supplement 133 - LEGISLATIVE Open the public hearing, take public comment, close the public hearing, and adopt the ordinance to codify and publish the ordinances published in The Code of Indian River County up to and including Supplement 133. Attachments: Staff Report Proposed Ordinance County Attorney Dylan Reingold referred to his memo dated December 10, 2019 to provide details of the proposed Ordinance. The Chairman 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 Flescher, to adopt Ordinance 2020-001, amending Section 100.03 "amendment or repeal of Ordinances" of Chapter 100 "General Provisions" of the Code of Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Indian River County ("The Code"), codifying and publishing the Ordinances up to and including Supplement 133 thereto, readopting the Code, designating the Code as the best evidence of the current law of Indian River County, Florida, and providing for severability, codification, and an effective date. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 19-1185 2020 Indian River County Legislative Priorities Recommended Action: County staff recommends that the Board adopt the proposed 2020 Indian River County Legislative Priorities Attachments: Staff Report 2020 State Legislative Priorities Brian Sullivan, Legislative Affairs and Communications Manager, appeared before the Board to present the 2020 Indian River County Legislative Priorities. He reviewed the top nine (9) legislative issues, as well as guiding principles, and concerns for the coming year. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final January 7, 2020 E. Office of Management and Budget F. Public Works 12.F.1. 19-1168 Sole Source Approval for Traffic Management Center Upgrade Recommended Action: Staff recommends the Board of County Commissioners waive the requirement for bids for the TMC upgrade, at a cost of $256,302, and declare Econolite Systems as the County's sole source provider for any subsequent maintenance, repair and upgrade of the Centracs Advanced CCTV module, video wall monitors and associated hardware and software related to the TMC . Staff also recommends the Board authorize the Purchasing Division to issue Purchase Orders for the Econolite Centracs System, associated equipment and software, as needed. Attachments: Staff Report Econolite Systems Proposal Econolite Sole Source letter Rich Szpyrka, Director of Public Works, appeared before the Board requesting approval of upgrades to the County's Traffic Management Center (TMC). Director Szpyrka explained that the software used to control the video cameras at traffic intersections was obsolete. He added that staff recommended a new closed-circuit TV (CCTV) module that would upgrade the video camera's software as well as provide hardware needed for operations at the TMC. The vendor, Econolite Systems, was previously approved to be the sole -source provider for the current traffic signal operating system with which the new CCTV module would integrate. Commissioner Zorc questioned whether the cameras could record video footage. Director Szpyrka replied in the affirmative, but noted it would require the purchase of an additional server. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 12.F.2. 19-1169 58th Avenue (47th to 57th Street) Corridor Study / S.C.A.L.E. Report Recommended Action: Staff recommends that the Board approve the 58th Avenue Corridor Study / S.C.A.L.E. Report for the segment of 58th Avenue from 47th Street to north of 57th Street Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Attachments: Staff Report Corridor Study - S.C.A.L.E. Report 58th Ave SCALE Exhibits Director of Public Works Rich Szpyrka presented the 58th Avenue Corridor Study/S.C.A.L.E. report prepared by Kimley-Horn and Associates. He explained that the report was commissioned to analyze and recommend the best way to expand 58th Avenue from 47th Street to just north of 49th Street. Director Szpyrka described the five (5) factors of the S.C.A.L.E. report, and reviewed the alternatives for expanding this part of roadway. He concluded with the recommendation from Kimley-Horn to widen this portion of 58th Avenue from the east side. Director Szpyrka also noted that staffs recommendation should be amended to reflect that the portion of 58th Avenue analyzed extended from 47th Street to 1/4 mile north of 49th Street only. Discussion ensued among the Commissioners regarding bike lanes, and right-of-way acquisition along 58th Avenue. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staff's recommendation as amended to reflect that the segment of 58th Avenue studied extended from 47th Street to 1/4 mile of north of 49th Street only. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 12.F.3. 19-1174 Recommended Action: Unconditional Offer for a parcel of right-of-way located at 4740 58th Avenue, Vero Beach, Florida, owned by Paulette Brown Staff recommends the Board approve an unconditional offer to purchase the necessary right-of-way from Ms. Brown at a price of $51,193.40 Attachments: Staff Report 58th AVE - ROW Required Exhibit 58th Avenue - Paulette Brown Property Full Appraisal Partial Appraisal Rich Szpyrka, Director of Public Works, provided background on the property at 4740 58th Avenue that the County sought to purchase a portion of for right-of-way. He detailed the negotiations which led to the tentative offer amount of $54,193.40 for .22 acres. County Administrator Jason Brown described subsequent conversations with Director Szpyrka and staff that resulted in agreement that it would be in the County's best interest to increase the offer to $70,000. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final January 7, 2020 Commissioner Zorc asked and received answers from Deputy County Attorney Bill DeBraal regarding fees incurred during right-of-way acquisitions. Commissioner Flescher spoke in favor of making the offer as an alternative to litigation. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staffs recommendation as amended to increase the offer to $70,000. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari G. Utilities Services 12.G.1. 19-1187 Request to Waive Bid Process for Caustic Soda Chemicals Recommended Action: Staff recommends that the Board of County Commissioners waive the bid process requirements for caustic soda for Fiscal Year 2019/2020 and authorize the Purchasing Manager to approve purchase orders up to the available budgeted amount Attachments: Staff Report There was no discussion regarding this item. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. 19-1165 Resolution in Support of Florida Forever Recommended Action: Request discussion and support Attachments: Commissioner's Memorandum Resolution Chairman Adams brought forth the proposed Resolution on behalf of the Pelican Island Audubon Society to support State re -funding of the Florida Forever program. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final January 7, 2020 A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Resolution expressing support for restoring funding to Florida Forever. Discussion ensued as Commissioner Zorc sought clarification on historic funding levels, and pointed out the amount of land in Florida that is publicly owned. Dr. Graham Cox, Pelican Island Audubon Society, appeared before the Board with information on past funding levels. He clarified that the request was to restore funding in the amount of $300 million annually. Commissioner O'Bryan amended his motion to include wording that would state the Board supported restoring the funding level to $300 million. Commissioner Solari expressed his reasons for voting in opposition of the Resolution. An amended motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve Resolution 2020-004, expressing support for restoring funding for Florida Forever to its historical levels, with the modification to specify a funding allocation of $300 million annually. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Nay: 1 - Commissioner Solari B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 14.E.1. 19-1194 Use of Glyphosate Recommended Action: Discussion Attachments: Commissioners Memo Commissioner Solari requested discussion on the County's use of Glyphosate, the active ingredient in Roundup, for weed eradication. He encouraged staff to continue their progress in eliminating its use of this chemical, as well as educating the public on the County's efforts. Discussion among Board members and staff covered topics including effective natural alternatives, appreciation for staffs efforts to reduce use of Glyphosate, Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final January 7, 2020 the proper way to dispose of poisons, alternate pesticides, and details of a pilot program that uses goats to manage invasive plants. The following staff members addressed the Board with reports on their department's methods to reduce the use of Glyphosate: Rich Szpyrka, Director of Public Works Michael Zito, Assistant County Administrator Kevin Kerwin, Director of Parks and Conservation Resources Beth Powell, Assistant Director of Parks and Conservation Resources The following members of the public appeared before the Board supporting the reduced use of herbicides: Dr. Graham Cox, Pelican Island Audubon Society Russell Herrmann, Friends of St. Sebastian River Jean Catchpole, 526 Fiddlewood Road Bob Stephen, 150 Concha Drive Commissioner Solari expressed appreciation for staffs efforts in reducing harmful herbicide use, and supported plans to share information with the City of Sebastian's staff. No Action Taken or Required 14.E.2. 19-1195 Administrative Policy 604.1: Solicitation and Distribution Recommended Action: Discussion on additions to the policy Attachments: Commissioner Memorandum Commissioner Solari requested the Board's consideration of an amendment to the County's Administrative Policy 604.1: Solicitation and Distribution. He explained that County employees are currently prohibited from using inter -office mail to distribute information concerning non -work related activities; the amendment would include a prohibition against the use of the County's email system for distribution of such information. Discussion ensued among Board members seeking to clarify details of the amendment, and alternatives to using County email. Commissioner Zorc expressed opposition to the limitation, noting that he enjoyed hearing of staffs interests. County Administrator Dylan Reingold pointed out that this request was only an Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final January 7, 2020 extension of existing policy to include digital communication. He suggested that employees should use their personal email to send information regarding non -work activities. Chairman Adams voiced her rationale for agreeing with Commissioner Solari's request. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to update the County's Administrative Policy 604.1: Solicitation and Distribution, to include a prohibition on allowing employees to use the County's email system for solicitation and distribution of non -work related activities. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner O'Bryan, and Commissioner Solari Nay: 1 - Commissioner Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 10:29 a.m. Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes — Final January 07, 2020 ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Deputy Clerk BCC/RW/2020 Minutes dams, Chairman Approved: April 7, 2020 Indian River County Florida Page 15