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HomeMy WebLinkAbout02/11/2020Indian 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, February 11, 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 Rhonda D. Zirkle, Deputy Clerk Board of County Commissioners Meeting Minutes - Final February 11, 2020 1. CALL TO ORDER 2. ROLLCALL 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 Reverend Graham Bingham, Westminster Presbyterian Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, 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 5.A. 20-1240 Presentation of Proclamation Designating February, 2020, as 2-1-1 Awareness Month Recommended Action: Read and Present Attachments: Proclamation Commissioner Zorc read and presented the Proclamation to Colleen Phillips, Community Relations Specialist, 2-1-1 HelpLine Palm Beach /Treasure Coast, who discussed the advocacy programs they offered, and provided statistics related to the community referral line and the suicide prevention line. Read and Presented 5.B. 19-1208 Presentation of Proclamation Honoring Eric J. Seymour Recommended Action: Read and Present Attachments: Proclamation Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final February 11, 2020 Vice Chairman Flescher read and presented the Proclamation to Eric J. Seymore, recognizing his pioneer spirit and civic contributions. Mr. Seymore, who was present with his wife and several colleagues, thanked the many individuals who assisted him along the way. Read and Presented 5.C. 20-1253 Presentation of Proclamation Honoring Joe N. Idlette, III Recommended Action: Read and Present Attachments: Proclamation Commissioner Solari read and presented the Proclamation to Joe N. Idlette, III. Mr. Idlette acknowledged his family and friends, many of whom were in attendance, for their support. Read and Presented 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Consent Agenda as amended, pulling Item 8.E. for discussion. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 8.A. 20-1282 Checks and Electronic Payments January 17, 2020 to January 23, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of January 17, 2020 to January 23, 2020 Attachments: Finance Department Staff Report Approved 8.B. 20-1283 Checks and Electronic Payments January 24, 2020 to January 30, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of January 24, 2020 to January 30, 2020 Attachments: Finance Department Staff Report Approved Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final February 11, 2020 8.C. 19-1218 Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes Authorize the Chairman of the Board of County Commissioners to execute the Resolutions to cancel certain taxes upon the properties acquired by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Recommended Action: Attachments: Staff Report Resolution (acquired from VBMINIG, LLC) Resolution (purchase from Premier Citrus, LLC) Resolution (acquired from Russell Family LP) Approved Resolution 2020-013 (VBMining, LLC), Resolution 2020-014 (Premier Citrus, LLC), and Resolution 2020-015 (Virginia W. Russell Family Limited Partnership), cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 8.D. 20-1284 Jungle Trail Shoreline Stabilization Project (IRC-1823),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. 1823-5 to XGD Systems, LLC in the amount of $8,911.69 for release of retainage. Recommended Action: Attachments: Staff Report Change Order No. 1 Description of Itemized Changes Approved staffs recommendation 8.E. 20-1290 Work Order No. 31, Kimley-Horn and Associates, Inc., 66th Avenue and 8th Street Intersection Signalization (IRC -2002) Staff recommends approval of Work Order No. 31 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 31 on their behalf for a lump sum amount of $54,645.00. Recommended Action: Attachments: Staff Report Work Order No. 31 Public Works Director Rich Szpyrka provided the Board with an update on the potential for signalization at the intersection of 8th Street and 66th Avenue. Director Szpyrka explained that a traffic signal was not yet warranted, but that staff wanted to be prepared. He made mention that the design phase required approximately six (6) months, and the time frame for receiving mast arms was Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final February 11, 2020 nine (9) to twelve months. A motion was made by Commissioner Zorc, seconded by Vice Chairman Flescher, 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 8.F. 20-1296 Board Approval for Adopt -A -Roadway and Adopt-A-Stormwater Park Recommended Action: Staff recommends the Board of County Commissioners to approve the addition of an Adopt-A-Stormwater Park to the program, continue the existing County Adopt -A -Roadway program, and reaffirm the authorization of the Public Works Director to enter into agreements, on the Boards behalf Attachments: Staff Report Resolution Approved Resolution 2020-016, approving Adopt a Roadway and Adopt a Stormwater Park programs and authorizing the Public Works Director to enter into agreements for those programs. 8.G. 20-1285 Request of Name Change from Cleveland Clinic Martin Health for Present Class B Certificate of Public Convenience and Necessity Staff recommends the Board of County Commissioners approve the name change and issue a new Class "B" COPCN certificate to reflect the name change to Cleveland Clinic Advanced Medical Transport. Recommended Action: Attachments: Staff Report Renewal Application Approved staffs recommendation 8.H. 20-1287 Award of Bid# 2020023 - North County Aquatic Center Scoreboard Repairs and Updating Staff recommends that the Board award bid 2020023 to Video Screen USA, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, and receipt and approval of the required insurance. Recommended Action: Attachments: Staff Report Sample Agreement Approved staffs recommendation 8.1. 20-1288 Award of Bid# 2020022 - North County Aquatic Center Activity Pool Resurfacing Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final February 11, 2020 Recommended Action: Staff recommends that the Board award bid 2020022 to Family Pools, Inc., approve the sample agreement and authorize the Chairman to execute said agreement after the County Attorney has approved the agreement as to form and legal sufficiency, and receipt and approval of the required insurance. Attachments: Staff Report Sample Agreement Approved staffs recommendation 8.J. 20-1292 Designation of Excess Equipment as Surplus Recommended Action: Staff recommends the Board declare the items on the Excess Equipment List for 021120 Agenda as surplus, and authorize their sale and/or disposal, as indicated. Attachments: Staff Report Excess Equipment List for 021120 Agenda Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. 20-1281 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD CEMEX Construction Materials Florida, LLC Request to Rezone +/-6.13 Acres from A-1 to IG; +/-15.85 Acres from A-1 to CH; and +/- 4.78 Acres from IG to CG (RZON96020133-85706) [Quasi -Judicial] Recommended Action: Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone Subject Property 1 from A-1 to IG, Subject Property 2 from A-1 to CH, and Subject Property 3 from IG to CG Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final February 11, 2020 Attachments: Staff Report Summary Page Rezoning Application Table of Uses AG Zoning Districts Table of Uses Commercial Districts Table of Uses Industrial Districts FLU to Zoning Comparison Section 902.12(3) Review Standards 12-12-19 PZC Minutes Applicant Meeting Summary Email 1 Applicant Meeting Summary Email 2 Hawk's Nest Response Letter Ordinance Chairman Adams described the properties related to the Request to Rezone from CEMEX Construction Materials Florida, LLC (CEMEX). Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. They also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. Chairman Adams opened the Public Hearing. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Long Range Planning Chief Bill Schutt used a PowerPoint Presentation to provide the location of the three (3) parcels of land subject to the rezoning request and to highlight all aspects of the proposed changes, as it was documented in the January 31, 2020 staff memorandum. He explained that the Planning and Zoning Commission had recommended approval and suggested that the property owners should have an informational meeting with representatives of the neighboring property, the Hawk's Nest Golf Course, owned by The Moorings Club. As recommended, a meeting between Attorney Kevin M. Barry of Rossway Swan, representing The Moorings Club, and Attorney Bruce Barkett of Collins Brown Barkett, Chartered, representing CEMEX, took place on January 9, 2020. Chief Schutt stated that although County staff was not part of the meeting, staffs memorandum included two (2) follow-up emails and written correspondence between the two attorneys. Discussion ensued among Commissioner O'Bryan, Community Development Director Phil Matson, County Administrator Jason Brown, and Vice Chairman Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final February 11, 2020 Flescher, including the topics of stormwater retention, the depth of the lake, the County's cut and fill policy, and cement debris around the lake. Attorney Bruce Barkett was present to discuss the productive meeting he had with Attorney Kevin Barry. He explained that CEMEX was not planning to develop the properties being rezoned. There being no additional speakers, Chairman Adams closed the Public Hearing. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to adopt Ordinance 2020-003, amending the zoning ordinance and the accompanying zoning map for approximately ±-6.13 acres located north of 53rd Street and west of the Florida East Coast Railroad and the existing CEMEX facility (3150 53rd Street, Vero Beach, FL 32967) from A-1, Agricultural District (up to 1 unit/5 acres), to IG, General Industrial District (Parcel A2); and ±15.85 acres located north of 53rd Street and west and adjacent to subject Property 1 from A-1, Agricultural District (up to 1 unit/5 acres), to CH, Heavy Commercial District (Parcel B1); and ±-4.78 acres located north of 53rd Street and west and adjacent to subject Property 2 from IG, General Industrial District, to CG, General Commercial District (Parcel B2); and providing codification, severability, and 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 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 7 Board of County Commissioners Meeting Minutes - Final February 11, 2020 E. Office of Management and Budget F. Public Works G Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 20-1298 Beach and Shore Preservation Advisory Committee Appointment Recommended Action: The County Attorney recommends that the Board review the applicants' resumes/applications, and determine whether to appoint one of the applicants to fill the unexpired term for the "BCC Appointee" representative to the Beach and Shore Preservation Advisory Committee. Attachments: Staff Report Application for BASPC - Philip Glade Application for BASPC - David W Morgan Application for BASPC - David Cox Application for BASPC - Sven Frisell Application for BASPC - Curtis Carpenter Application for BASPC - Kelly Darmetko County Attorney Dylan Reingold provided the names of the individuals who applied to fill the "BCC Appointee" vacancy on the Beach and Shore Preservation Advisory Committee. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to appoint David W. Morgan to fill the "BCC Appointee" vacancy on the Beach and Shore Preservation Advisory Committee, with the term to expire in January 2022. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 13.B. 20-1299 Recommended Action: Acquisition of Right -Of -Way for Phase II of 66th Avenue Improvements - Banack Family Limited Partnership - 66th Avenue and 61st Street, Parcels 301 and 302 Staff recommends the Board approve the Pre -suit Mediation Settlement Agreement for the Banack property and authorize the Chairman to execute the document on behalf of the Board. Attachments: Staff Report Exhibit "A" Aerial Photo Exhibit "B" Pre -suit Mediation Settlement Agreement Sketch/Descriptions of row Parcels Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final February 11, 2020 Deputy County Attorney Bill DeBraal referred to a PowerPoint presentation and to staffs memorandum dated February 6, 2020 to review the specifics of the two (2) parcels of land owned by the Banack Family Limited Partnership. He discussed the County's desire to acquire 50' of right-of-way from each of the parcels along 61st Street, also known as Pecan Grove Road, for Phase II of the 66th Avenue Improvements. Commissioner O'Bryan inquired as to whether the pecan trees were a cash crop, and Attorney DeBraal replied that he did not believe the pecans were being harvested. The Commissioner expressed his dissatisfaction with the increase in land acquisition costs. A motion was made by Commissioner Zorc, seconded by Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner Solari Nay: 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 F. Commissioners Open Dialogue 14.F.1. 19-1123 Commissioners Open Dialogue Recommended Action: Informational Only Attachments: Memorandum Commissioner Solari expressed his dissatisfaction that changes have been made in referencing the years Before Christ (BC) and Anno Domini (AD), now referred to as Before Common Era (BCE) and Common Era (CE). In addition, with President's Day being celebrated on February 17, 2020, he focused on the great leadership of Presidents George Washington and Abraham Lincoln. Vice Chairman Flescher stated that the Medical Examiner Review Committee had selected someone to fill the position of Chief Medical Examiner for the 19th Judicial Circuit, noting that an announcement would be made in the near future. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final February 11, 2020 Commissioner Zorc mentioned that he had recently attended the Indian River State College Chef Challenge and the St. Francis Manor Full Moon Jazz Concert. He also announced the Florida Institute of Technology (FIT) informational meeting regarding Bethel Creek would be held on March 4, 2020 in the Commission Chambers. In addition, Commissioner Zorc requested that the Public Works Director set a meeting with the owners of businesses in the area of 43rd Avenue and State Road 60 to provide a timeline for the road improvements. Chairman Adams made mention that the Census 2020 Community Action Committee was working hard. She announced that the County recently received a grant from the Indian River Lagoon National Estuary Program for a septic to sewer project, and that the Indian River County Shooting Range had their first Thursday night shoot on February 6, 2020. No Action Taken or Required 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. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve the Meeting Minutes of November 5, 2019 and November 12, 2019. The motion carried by the following vote: Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 15.B.1. 20-1257 Approval of Minutes Meeting of November 5, 2019 Recommended Action: Approve Attachments: 11052019SWDD Draft Approved 15.B.2. 20-1272 Approval of Minutes Meeting November 12, 2019 Recommended Action: Approve Attachments: 11122019SWDD Draft Approved Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final February 11, 2020 15.8.3. 20-1289 Recommended Action: Final Pay to Geosyntec for Work Authorization CCNA-2018 WO No. 2 - Title V Air Operations Permit Modification Application Solid Waste Disposal District staff recommends that its Board approve Geosyntec Consultants, Inc.'s final invoice amount of $805.37 Attachments: Staff Report Geosvntec Project Completion Report, Final Invoice There was no discussion on this item. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, 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 C. Environmental Control Board 16. ADJOURNMENT There being no further business, Chairman Adams adjourned the meeting at 10:10 a.m. Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes — Final February 11, 2020 ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: BCC/RDZ/2020 Minutes • 2' • Adams, Chairman FR COUN��' •� Approved: JUN 0 2 2020 Indian River County Florida Page 12