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HomeMy WebLinkAbout01/21/2020Indian 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 21, 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 Jacqueline Rizzo, Deputy Clerk Board of County Commissioners Meeting Minutes - Final January 21, 2020 1. CALL TO ORDER Present: 4 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Bob Solari Absent: 1 - Commissioner Peter O'Bryan 2. A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2. B. INVOCATION Pastor Chris Sloan, Good Shepherd Church of God Vice Chairman Flescher delivered the Invocation in the absence of Pastor Chris Sloan. 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman Flescher, seconded by Commissioner Solari, to approve the Agenda as presented. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve the Regular Meeting Minutes of October 22, 2019 as written. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 6. A. 20-1229 Regular Meeting Minutes of October 22, 2019 Recommended Action: Approve Attachments: 10222019BCC Granicus Approved Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final January 21, 2020 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7. A. 20-1236 1st Quarter FY 2019/2020 Budget Report Recommended Action: No Action Required Attachments: Staff Report Reports at a glance 2019-2020 Qtrly Budget Report Q1 201920 revenue Qtrly Budget Report Q1 201920 expense 12-31-19 Expense Analysis Budget Amendment History 1920 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: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 8. A. 19-0925 GRBK GHO Central Vero, LLC Request for Final Plat Approval for a Development to be known as Bella Vista Isles [SD -05-04-18 / 2004070335-84132] Recommended Action: Staff recommends that the Board of County Commissioners grant final plat approval for Bella Vista Isles. Attachments: Staff Report Location Map Final Plat Layout Approved staffs recommendation 8. B. 19-1203 Approval of Renewal of the Public Safety Communications System FX Software Services Agreement Staff recommends the Board authorize the Chairman to execute the Public Safety Communications System FX Software Agreement with Communications International Inc. Recommended Action: Attachments: Staff Report Software Agreement FY 19-20 Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final January 21, 2020 Approved staffs recommendation 8. C. 19-1209 Revision to Administrative Policy AM -704.1 Sick Leave Donation Recommended Action: Staff recommends the Board approve the revisions to Administrative Policy AM -704.1 Sick Leave Donation Attachments: Staff Report AM -704.1 Sick Leave Donation (markup) AM -704.1 Sick Leave Donation (final) Approved staffs recommendation 8. D. 19-1214 Revision to Administrative Policy AM -604.1 Solicitation and Distribution Recommended Action: Staff recommends and respectfully requests that the Board approve the revisions to the Administrative Policy AM -604.1 Solicitation and Distribution Attachments: Staff Report AM -604.1 Solicitation and Distribution 2020 (markup) AM -604.1 Solicitation and Distribution 2020 (final) Approved staffs recommendation 8. E. 19-1221 Approval of Florida Legislative Grant for Moorhen Marsh Low Energy Aquatic Plant System Staff recommends that the County Commission approve the Agreement #LPA0018 and authorize the Chairman to execute it on behalf of the County Recommended Action: Attachments: Staff Report Legislative Grant FDEP Agreement LPA0018 Indian River County Grant Form Approved staffs recommendation 8. F. 19-1222 Work Order No. 13 - Morgan & Eklund, Inc. 2020 Beach Profile Monitoring Surveys (WINTER) Recommended Action: The recommendation of staff is for the Board to approve Work Order No. 13, to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign two (2) copies of the Work Order on behalf of the County Attachments: Staff Report Morgan and Eklund WO #13 Scope of Work Winter Monitoring Survey Approved staffs recommendation Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final January 21, 2020 8. G. 20-1226 Extension of Annual Maintenance of West Westlands Treatment System with Ecotech Consultants Inc. (RFP2018004) Recommended Action: Staff recommends the Board of County Commissioners (BCC) approve the two-year extension, as allowed in the current contract to Econtech Consultants, Inc. Staff further requests that the BCC approve the sample agreement and authorize the Chairman to execute said agreement, after receipt and approval of the required certificate of insurance and after the County Attorney has approved the agreement as to form and legal sufficiency Attachments: Staff Report Sample Agreement Approved staffs recommendation 8. H. 20-1228 Agreement to Purchase and Sell Real Estate with Balquees, LLC Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate with Balquees, LLC for $474,750.00 for the 10.55 acres of property located at 4710 45th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Staff Report Agreement to Purchase and Sell Approved staffs recommendation 8. 1. 20-1233 Biosolids Rule Recommended Action: The County Attorney's Office recommends that the Board of County Commissioners authorize Board members, the County Administrator, the County Attorney and County staff to attend the applicable ERC meeting, so that the County's position can be presented to ERC. Attachments: Staff Report Approved staffs recommendation 8. J. 20-1232 Children's Services Advisory Committee's Annual Report, FY2018-19 Recommended Action: Staff recommends the Board accept the Children's Services Advisory Committee's Annual Report for October 1, 2018 - September 30, 2019 Attachments: Staff Report FY19 CSAC Annual Report Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final January 21, 2020 Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10. A.1.19-1205 PROOF OF PUBLICATION OF ADVERTISEMENTS FOR HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Mandala Village, LLC's Request to Rezone Approximately 79.1 Acres from A-1, Agricultural -1 (up to 1 unit/5 acres) and RS -3, Residential Single -Family (up to 3 units/acre) to PDTND, Planned Development Traditional Neighborhood Design and to Obtain Conceptual PD Plan Approval for a Project to be known as Mandala Village [PD -19-01-01 / 2005120297-82906] (Quasi -Judicial) Recommended Action: Staff recommends that the Board of County Commissioners approve the proposed Planned Development Traditional Neighborhood Design (PDTND) rezoning and the conceptual PD plan, with the following conditions: 1. Prior to approval of the preliminary PD plan for Phase I, the developer shall: a. Obtain Public Works approval of the timing of the project's required 53rd Street improvements, including turn lane improvements, or enter into a Developer's Agreement for those improvements. b. Obtain Public Works approval of the final determination for the project's required 58th Avenue ROW dedication, or enter into a Developer's Agreement for the 58th Avenue ROW dedication. 2. Prior to issuance of a land development permit for Phase 1, the developer shall: a. Dedicate the required road right-of-way for 53rd Street without compensation, as shown on the conceptual PD plan. b. Dedicate the required road right-of-way for 58th Avenue without compensation, or as outlined in a Developer's Agreement. c. Obtain Public Works approval of the final design of the project's required 53rd Street improvements including the external sidewalk, final turn lane configurations, and the 58th Avenue/53rd Street intersection improvements, or as outlined in a Developer's Agreement. d. Obtain Public Works approval of the final design for the stormwater improvements required to accept stormwater runoff from 53rd Street, or as outlined in a Developer's Agreement. e. Obtain Public Works approval of the final design of the project's external 58th Avenue sidewalk, or as outlined in a Developer's Agreement. f. Provide a final design, acceptable to Traffic Engineering and MPO Staff, for the project transit stop. 3. Prior to issuance of a land development permit for any respective phase, the developer shall: a. Obtain Planning staff approval of the final landscape plan for the respective phase. b. Obtain Planning staff approval of the final streetlighting plan for the respective phase. c. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan for the respective phase. 4. Prior to issuance of a certificate of completion for Phase 1, the developer shall construct all Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final January 21, 2020 required 53rd Street improvements from 58th Avenue to the project's full access connection, or as outlined in a Developer's Agreement. 5. Prior to issuance of a certificate of completion for any project phase or sub -phase, the developer shall construct required improvements such as sidewalks and buffers that are tied to that specific phase or sub -phase, or otherwise guarantee completion of the improvements as provided for in the LDRs. Attachments: Staff Report Location Map Aerial Excerpt from Draft 12/12/2019 PZC Minutes PDTND Rezoning Ordinance Conceptual PD Plan Conceptual Landscape Plan Chairman Adams presented a request to rezone approximately 79.1 acres for a project known as Mandala Village, 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 Chairman opened the Public Hearing. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Community Development Senior Planner Ryan Sweeney referred to his staff memorandum dated January 6, 2020, and presented the request to rezone approximately 79.1 acres for a project known as Mandala Village, LLC, located at the northwest corner of 58th Avenue/53rd Street intersection. Senior Planner Sweeney, in his PowerPoint Presentation, reviewed the steps of the Planned Development (PD) process and pointed out that on December 12, 2019, the Planning and Zoning Commission voted 5-1 to recommend that the Board of County Commissioners (BCC) approve the PD re -zoning and conceptual PD plan with staffs recommended conditions. He reviewed the staff recommended conditions for the proposed PD Traditional Neighborhood Design (TND) re -zoning and conceptual plan for Mandala Village, indicating that the applicant had agreed upon all of staffs recommended conditions. Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final January 21, 2020 The Board sought and received information from staff regarding the current setbacks of the existing developments along 53rd Street, the residential and the commercial areas of the project, parking, the resort style hotel and the proposed amenities. Richard Bialosky, Manager and Architect, Mandala Village, LLC, presented a PowerPoint Presentation and video of the proposed Mandala Village Development. He referred to the Mandala Village Development as a very unique development that falls under the TND requirements. He detailed the amenities which included a commercial area with a 6,500 square foot grocery store, a resort style hotel, a swimming lagoon, a par golf course, tennis courts, pickle ball, and an amphitheater. He explained the purpose of the development was to create a Village atmosphere with different types of housing opportunities to attract a variety of people. He added that the community would have a town center, multi -family areas, apartments over offices, small cottages, and single family homes sections with parks and walkways. The Board expressed their concerns to Mr. Bialosky regarding: 1) whether the residential lots and the commercial area would be developed at the same time, 2) the parking areas for the homes and cottages, 3) the brand name of the hotel, 4) the difference between hotel and resort style hotel, 5) proposed amenities, 6) short and long term rentals, and 7) the number of entrances and exits to and from the development from 58th Avenue. Chairman Adams opened the Public Hearing. County Attorney Dylan Reingold announced that there were individuals who arrived after the Deputy Clerk had sworn in individuals. The Chairman asked the individuals to stand up and be sworn in. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. The following speakers appeared before the Board to express their concerns regarding the Mandala Village Project in regards to the re -zoning, property values, the commercial area of the project including the resort style hotel, traffic flow and the 2030 Urban Service Boundary line. Michael Cosgrove, 5365 Dominica Street, Vero Beach, FL Timothy Ball, 5423 Antigua Circle, Vero Beach, FL Thomas P. Davis, 5830 Magnolia Lane, Vero Beach, FL Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final January 21, 2020 In response to a comment made, Commissioner Solari clarified that the former citrus groves were destroyed by insects, diseases and the market, not by developments like Mandala Village, and he further explained that the density for this project allows for four (4) to five (5) homes per acre and was in accordance with the County's code. The public speakers continued with their comments. Ken Bradley, 5238 Turtle Creek Circle, Vero Beach, FL John McCallum, 5880 Glen Eagle Lane, Vero Beach, FL Robert Chapman, 4860 55th Street, Vero Beach, FL Joyce Davis, 5830 Magnolia Lane, Vero Beach, FL Sarah Doran, 5705 55th Street, Vero Beach, FL Frank Tiberii, 4966 Corsica Square, Vero Beach, FL Richard Weghorn, 5701 Glen Eagle Lane, Vero Beach, FL Janina Weghorn, 5701 Glen Eagle Lane, Vero Beach, FL Joseph Paladin, President of Black Swan Consulting and Board Member of the Indian River Neighborhood Association (INRA), stated that the INRA had reviewed the plans and supported the Mandala Village project, although they expressed concerns about the profitability of the project. He wanted to address some of the speaker's concerns and pointed out that the County had rules and regulations in place to prevent the County from becoming like South Florida. The Chairman called a recess at 10:25 a.m. and reconvened the meeting at 10:37 a.m., with Commissioner O'Bryan absent. After the meeting reconvened the public discussion continued. Malcolm Sanderson, 5780 Magnolia Lane, Vero Beach, FL John Warren, 4936 Corsica Square, Vero Beach, FL Jessica Franco, 6195 53rd Street, Vero Beach, FL Al Tetreault, 5355 Dominica Street, Vero Beach, FL Michelle Garcia, 5309 Antigua Circle, Vero Beach, FL Barbara Lewis, 6420 53rd Street, Vero Beach, FL John McCallum, 5880 Glen Eagle Lane, Vero Beach, FL Ken Bradley, 5238 Turtle Creek Circle, Vero Beach, FL A discussion ensued between Vice Chairman Flescher and Senior Planner Sweeney regarding the number of units in Mandala Village that would be located outside the Urban Service Boundary area and whether it would be consistent with the 2030 Guidelines. Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final January 21, 2020 In response to concerns expressed, Senior Planner Sweeney clarified that a gas station convenience store was not outlined in the PD process as an exceptional use and was not permitted at this time. He addressed that the optional Developer's Agreement had certain required improvements and conditions that must be satisfied, but could be further defined. He clarified the final driveway connections on 53rd Street and referred to Stars condition 1.B. Attorney Bruce Barkett, Collins Brown Barkett, Chartered, representing Mandala Village pointed out that Waterway Village was approved with a commercial area inside the community. He addressed the concerns regarding the widening of 58th Avenue from 49th Street past 53rd Street, and compared the proposed setbacks to that of the Springhill Suites Hotel on Indian River Boulevard. He indicated that the County adopted an Ordinance that encourages mixed-use residential projects, and Mandala Village met the conditions of the PD and TND. Mr. Bialosky confirmed that no gas station was planned for Mandala Village and he believed that the commercial area in the development would not create more traffic, but felt it would reduce the traffic on 58th Avenue. He explained that the rental housing would be a positive thing for the community and would not have an impact on the value of the homes in the area. He understood that the hotel was a point of contention, but the hotel would have a minimal impact. He addressed the price point of the homes and said that the prices would align with the current market values with the costs being slightly higher with the amenities being provided. A discussion ensued between David Ederer, Developer of Mandala Village, Public Works Director Richard Szpyrka and County Administrator Jason Brown in regards to the entrance and the concern for a future traffic signalized intersection that would be too close to 58th Avenue. A discussion followed, and Mr. Ederer agreed that Mandala Village would be willing to accept the future risk of a traffic signal being required, or for changes to the ingress or egress of the site, and the issue would be addressed at that time. Administrator Brown was in favor of moving forward with the project, knowing that the intersection may need an adjustment in the future. Commissioner Zorc brought up a traffic study that was done for Waterway Village, and the traffic that would be generated from the commercial site within. Director Szpyrka said he was not familiar with the study, but would look into it and get back to Commissioner Zorc. Attorney Barkett pointed out that the Florida Department of Transportation (FDOT) could grant a waiver or a variance for the traffic light requirements, and would not want to eliminate it as a possible solution. Administrator Brown made it clear that it could be a potential problem going forward. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final January 21, 2020 Attorney Reingold asked Senior Planner Sweeney to read into the record the modification made to Staffs condition to 1.B. All parties were in agreement. Director Szpyrka interjected that County staff would grant the waiver for the traffic light requirements, not the FDOT. Attorney Reingold and Administrator Brown spoke on the re -zoning request, meeting the requirements of the County's Comprehensive Plan, and the criteria within the Code that encourages developments with mixed-use components. The Chairman closed the Public Hearing. Vice Chairman Flescher was not supportive of the proposed project, believing that the hotel would not be sustainable nor complementary to the community, and he was concerned with the additional traffic the project would generate. He also opined that sharing amenities between the residents of the community, hotel guests and non-residents could cause conflicts. Chairman Adams sought and received confirmation from Attorney Reingold and Senior Planner Sweeney that the proposed Mandala Village Project met the elements of the Comprehensive Plan. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to: 1) Adopt Ordinance 2020-002, amending the zoning Ordinance and the accompanying zoning map from RS -3, Residential and Single -Family (up to 3 units/acre) and A-1, Agricultural -1 (up to 1 unit/5 acres), to PDTND, Planned Development Traditional Neighborhood Design, for approximately 79.1 acres of land generally located on the west side of 58th Avenue, north of 53rd Street, and south of the North Relief Canal and described herein and providing for an effective date; and 2) Approve Staffs recommendation with a modification to Condition 1.B. to add the understanding that future driveway intersection changes may be required to accommodate future traffic, including but not limited to re -configuring the median opening and main driveway. The motion carried by the following vote: Aye: 3 - Chairman Adams, Commissioner Zorc, and Commissioner Solari Nay: 1 - Vice Chairman Flescher Absent: 1 - Commissioner O'Bryan B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final January 21, 2020 12. DEPARTMENTAL MATTERS A. Community Development 12. A.1. 20-1224 Consideration of Draft Impact Fee Update Study Report Recommended Action: Staff recommends that the Board of County Commissioners: 1. Review the draft report; 2. Provide direction to the consultant and county staff on desired policy revisions and/or edits to the Draft Impact Fee Study Update report; 3. Provide direction to staff on whether or not any additional meetings are desired to review the draft report or an updated version of the draft report, and authorize staff to proceed as appropriate in scheduling and conducting those meetings; 4. Authorize staff to draft an ordinance for adoption of the proposed new impact fee schedule and for any needed text revisions to the County's impact fee regulations; and 5. Authorize staff to advertise for a Public Hearing to consider adoption of the new impact fee schedules and any related ordinance changes, with the date of that public hearing to be after any BCC related concerns and requests are addressed. Attachments: Staff Report DRAFT Impact Fee Update Study Report DRAFT IMPACT FEE SCHEDULE Chief of Long Range Planning Bill Schutt provided the background related to the Draft Impact Fee Study Report, and introduced Nilqun Kamp of Tindale -Oliver and Associates, Inc. Ms. Kamp utilized PowerPoint slides to present the Impact Fee Study. She went on to explain that the County had experienced a lot of growth, and the primary goal of Impact Fees was to maintain the current level of service. Ms. Kamp pointed out that the last Impact Fee Study was done in 2014, and six (6) of the following Impact Fees were updated: Public Buildings, Emergency Services, Law Enforcement, Parks and Recreation Facilities, Transportation, and Educational Facilities. She introduced the new Affordable/Workforce Housing Mitigation tool in detail: 1) No Impact Fees for single family homes that were less than 1,000 square feet; and 2) 50% discount for single family homes with 1,000 square feet to 1,500 square feet that qualified under the affordable housing criteria. In Ms. Kamp's PowerPoint Presentation, she explained Impact Fees were a one-time capital charge to new developments, and provided a summary of the calculated Impact Fees in the Unincorporated County. Chief Schutt, in his presentation, included historical trends, key policy issues such as changes to Commercial/Industrial Growth/Permitting since 2013/2014, insufficient funding for transportation projects, Affordable Housing and reduced or exempted Impact Fees. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final January 21, 2020 The Board sought and received information from Chief Schutt and Ms. Kamp on the discounted percentages for commercial, multi -family projects with a mix of bedrooms, and Affordable Housing Impact Fees. A discussion ensued on reducing the Affordable Housing Impact Fees for homes less than 1,000 square feet and how it would affect the Impact Fees if there was a re -sale of the home, the income guidelines, and whether there should be deed restrictions. It was agreed upon by the Board that the Affordable Housing Impact Fee could be re -visited at a later date. Chief Schutt stated that he would advertise for a Public Hearing on the Impact Fee Study. Chairman Adams opened the floor for public comments. The following speakers expressed their concerns: Joseph Paladin, President of Black Swan Consulting, felt the County should not eliminate Impact Fees for homes under 1,000 square feet. Sheryl Vittitoe, President and CEO of Indian River Habitat for Humanity, thanked the Board for their consideration in reducing Impact Fees for affordable housing and explained the Shared Appreciation Agreement which she offered to share with the County. Chris Murphy, 788 Black Pine Drive, Vero Beach, Fl., questioned whether the $4.3 million cost per lane mile excluded utility relocation costs. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to approve staffs recommendation with the condition to hold an additional meeting to review the Draft Impact Fee Update Study Report. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan B. Emergency Services C. General Services 1. Human Services Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final January 21, 2020 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 12. G.1. 20-1238 Recommended Action: St. Johns River Water Management District's Issuance of the Windsor Properties Inc. Consumptive Use Permit 270-5 Staff will provide a verbal update to the Board of County Commissioners at the meeting on January 21, 2020 Attachments: Staff Report Director of Utility Services Vincent Burke reviewed the information contained in his memorandum regarding an application for a consumption use permit submitted by Windsor Properties to the St. John's Water Management District (SJWMD). He stated that Windsor Properties requested a joint conference with the SJWMD and County Utilities staff to discuss nutrient loadings that would be deposited into a pond used for storm water purposes that would eventually discharge into the Indian River Lagoon. Commissioner Zorc sought and received clarification from Director Burke on a letter received from the SJWMD and their definition of nutrient loading. County Administrator Jason Brown hoped that the SJWMD understood how difficult it was for the County to provide re -use water to various customers. No Action Taken or Required 13. COUNTY ATTORNEY MATTERS 13. A. 19-1199 Demolition Lien - 4076 Old Dixie Highway (former Club Bali) Recommended Action: The County Attorney's Office recommends the Chairman allow any parties in interest for the property to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of the lien amount and authorization for the Chairman to sign the lien for recordation in the public records. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final January 21, 2020 Attachments: Staff Report Lien Itemization of cost for demolition There was no discussion on this Item. A motion was made by Vice Chairman Flescher, seconded by Commissioner Solari, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 13. B. 20-1223 Recommended Action: Request for Closed Attorney -Client Session Relating to INDIAN RIVER COUNTY v. TWENTY-TWO BEACHFRONT PROPERTIES LOCATED BETWEEN, AND INCLUDING, 9586 DOUBLOON DR., AND, BUT NOT INCLUDING, 1820 WABASSO BEACH RD., VERO BEACH, FLORIDA, 32963 (Case No.: 31 2018 CA 000881) The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on February 4, 2020. Attachments: Staff Report County Attorney Reingold read the request for a closed attorney-client session to occur at 10:30 a.m. on February 4, 2020. A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 13. C. 19-1225 Disposition of Real Property Ordinance Recommended Action: The County Attorney recommends that the Board consider the options for alternative methods for the disposition of real property and determine whether to direct the County Attorney's Office to draft an ordinance incorporating some or all of the described options. Attachments: Staff Report Disposal of Real Property County Attorney Reingold communicated that on December 10, 2019, the Board directed the County Attorney's office to draft an ordinance that would allow the use of commercial realtors for the disposal of real property. He reviewed several different options for the Board's consideration to be included in the Ordinance: Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final January 21, 2020 1) Use of a real estate agent to market the property; 2) Modified traditional bid process which would include a minimum bid; 3) In the event that the Florida Department of Transportation (FDOT) was selling real property in the same project as a County owned property, it would be bundled together and coordinated with FDOT; and 4) Request for Proposal process. The Board sought and received information from Attorney Reingold regarding the Board's option for the potential sale of Szechuan Palace, and discussed tabling the item until the February 4, 2020 meeting. A motion was made by Commissioner Solari, seconded by Chairman Adams, to table Agenda Item 13.C. under Attorney's Matters until the February 4, 2020 Board of County Commissioners Meeting. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc D. Commissioner Peter D. O'Bryan E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District The Board of County Commissioners reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District meeting. 15. B.1. 20-1230 Approval of Minutes Meeting of October 22, 2019 Recommended Action: Approve Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final January 21, 2020 Attachments: 10222019 SWDD Draft A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher, to approve the Solid Waste Disposal District Meeting Minutes of October 22, 2019 as written. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 15. B.2. 19-1118 Request to Approve Amendment No. 1 to CCNA-2018 Work Order No. 3 to Geosyntec to Provide Consulting Services Associated with Phase 1 of the Former South Gifford Road Landfill Redevelopment Plan Recommended Action: Staff recommends that the Solid Waste Disposal District Board approves and authorizes the Chairman to sign Amendment No. 1 to CCNA-2018 Work Order No. 3 authorizing Geosyntec to provide consulting services associated with Phase 1 of the Former South Gifford Road Landfill Redevelopment Plan, at a not -to -exceed fee of $21,948.58 Attachments: Staff Report Geosyntec Amendment No. 1 to CCNA2018 WO No 3 There was no discussion on this item. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 15. B.3. 20-1234 Standardized Recycling Label License Agreement with Recycle Across America Recommended Action: Staff recommends the Board authorize the following: 1. Approve the Standardized Recycling Label License Agreement with Recycle Across America and authorize the Chairman to execute the agreement; and, 2. Authorize the Solid Waste Disposal District Managing Director, or his designee, to sign the Printing Agreement with a local vendor, as needed Attachments: Staff Report Sample Label License Agreement Sample Printing Agreement There was no discussion on this item. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final January 21, 2020 Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan 15. B.4. 20-1235 Change Order No. 7 to Thalle (Bid #2018025) Recommended Action: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to execute Change Order No. 7 approving the reconciliation of the project to increase the contract contingency as well as an extension in contract time for Milestone 2, and Final Completion by 43 days 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 There was no discussion on 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: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Absent: 1 - Commissioner O'Bryan C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 1:O1p.m. Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes — Final January 21, 2020 ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: oo,,A, Deputy Clerk BCC/JLR/2020 Minutes Susan Adams, Chairman Approved: JUN 0 2 2020 '�FR COU1d1� �� Indian River County Florida Page 18