HomeMy WebLinkAbout03/17/2020Indian 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, March 17, 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
Terri Collins -Lister, Deputy Clerk
Board of County Commissioners
Meeting Minutes - Final March 17, 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
Reverend Holly Adams, Community Church of Vero Beach
3. PLEDGE OF ALLEGIANCE
Dylan Reingold, County Attorney
County Attorney Dylan Reingold read the social media policy that applies to
comments that are being provided at the meeting via YouTube Live.
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Added: Item 11. A. County Administrator Matters - Coronavirus Update
Added: Item 13.D. County Attorney Matters - Resolutions Delegating the
Authority to the County Administrator.
Added: Item 14.B.1. Proposal for a revised Memorandum of Understanding
between the local Humane Society and Indian River County
Delete: Item 5.B. Presentation of Proclamation Designating April 15, 2020 as
Jackie Robinson Day
Delete: Item 5.E. Mount Vero 5K Run/Walk
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the agenda as amended. 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. 20-1394 Environmental Certificate of Recognition
Recommended Action: The Board of County Commissioners will be presenting a certificate - no further
action needed
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
Attachments: Staff Report
Chairman Adams read the Proclamation into the record. Director of Utility
Services Vincent Burke, on behalf of the Solid Waste Disposal District, recognized
the Rotary Club of Vero Beach and Club Member Dan Compas for their
outstanding environmental stewardship and dedication.
Read and Presented
5.B. 20-1395 Presentation of Proclamation Designating April 15, 2020 As Jackie
Robinson Day
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Deleted
5.C. 20-1396 Presentation of Proclamation Designating the Week of March 16-20, 2020
As Government Finance Professionals Week
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Commissioner Solari read and presented the Proclamation to Jeffrey R. Smith,
Clerk of the Circuit Court and Comptroller, who accepted on behalf of the County
and Constitutional Finance Professionals.
Read and Presented
5.D. 20-1397 Presentation of Proclamation Designating the Week of March 15 Through
March 21, 2020, As National Surveyors Week
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Commissioner Zorc read and presented the Proclamation to a representative from
the Indian River Chapter - Florida Surveying and Mapping Society.
5.E. 20-1403 Mount Vero 5K Run/Walk
Recommended Action: This item is for informational purposes only - no action required
Attachments: Staff Report
Deleted
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
6. APPROVAL OF MINUTES
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Regular Meeting Minutes of November 19, 2019, December 3, 2019 and
December 10, 2019. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
6.A. 20-1405 Regular Meeting Minutes of November 19, 2019
Recommended Action:
Approve
Attachments: 11192019BCC Granicus
Approved
6.B. 20-1413 Regular Meeting of December 03, 2019
Recommended Action: Approve
Attachments: 12032019BCC
Approved
6.C. 20-1414 Regular Meeting of December 10, 2019
Recommended Action: Approve
Attachments: 12102019BCC
Approved
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 Zorc, to
approve the Consent Agenda as amended, pulling item 8.1. 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. 20-1401 Checks and Electronic Payments February 28, 2020 to March 5, 2020
Recommended Action:
Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of February 28, 2020 to March 5, 2020
Attachments: Finance Department Staff Report
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
Approved
8.B. 20-1399 Agreement to Warranty and Guaranty Utility Improvements Under Florida
East Coast Railway Property
Recommended Action: Staff recommends that the Board of County Commissioners approve the Contract
for Construction of Utility Improvements on Florida East Coast Railway, LLC,
Property and Agreement to Warranty and Guaranty Utility Improvements at
Completion and to provide a Bill of Sale, and authorize the Chairman to execute the
same, as presented
Attachments: Staff Report
Contract for Utility Improvements
Approved staffs recommendation
8.C. 20-1402 Lease Agreement 2601 51st Avenue, Vero Beach, FL 32966 Tenants: Nick
Pappas and Ember Pappas
Recommended Action: Staff recommends the Board approve the Lease Agreement for the property located
at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the Chairman to execute
the lease agreement on behalf of the Board.
Attachments: Staff Report
Lease Agreement
Approved staffs recommendation
8.D. 20-1412 66th Avenue Phase IB and Phase II - Amendment No. 7 (IRC -1505 &
1505B)
Recommended Action: Staff recommends approval of Amendment No. 7 to Kimley-Horn & Associates,
Inc. and requests the Board authorize the Chairman to execute Amendment No. 7
on their behalf for a lump sum amount of $113,105.00.
Attachments: Staff Report
Amendment No. 7
Approved staffs recommendation
8.E. 20-1408 Release and Satisfaction of Demolition Lien; 4606 32nd Avenue, Vero
Beach, FL 32967; Tax Parcel No. 32-39-22-00000-7000-00077.0
Authorize the Chairman to execute the Release and Satisfaction for recordation in
the Public Records of Indian River County, Florida.
Recommended Action:
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
Attachments: Staff Report
Release and Satisfaction
Approved staffs recommendation
8.F. 20-1409 Resolutions Cancelling Taxes on Properties Acquired by Indian River
County for Public Purpose
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 (Stolze)
Resolution (Bartosiewicz)
Resolution (Balquees)
Resolution (Green)
8.G. 20-1411
Approved Resolution 2020-026 (Stolze), Resolution 2020-027 (Bartosiewicz),
Resolution 2020-028 (Balquees, L.L.C.), and Resolution 2020-029 (Green), cancelling
certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
Children's Services Advisory Committee's Recommendation of Request for
Proposal, Grant Application and Agency Grant Contract for FY2020/21
Recommended Action: Staff recommends that the Board accept the RFP and Grant Application for FY
2020/21, as well as the Agency Grant Contract as submitted, and authorize the
County Administrator to execute the individual contracts after review and approval
by the County Attorney.
Attachments: Staff Report
Request For Proposal FY21
RFP Press Release FY21
Completed Core Application FY21
Agency Grant Contract FY21 Sample
Approved staffs recommendation
8.H. 20-1417 Florida Department of Law Enforcement (FDLE) FY19 Certificate of
Participation Edward Byrne Memorial Justice Assistance Grant (JAG)
Program
Staff recommends that the Board of County Commissioners execute the Certificate
of Participation.
Recommended Action:
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
Attachments: Staff Report
FY19-COP-Certificate-Of-Participation
FY2019 JAG C Allocations
Approved staffs recommendation
8.1. 20-1420 Miscellaneous Budget Amendment 006
Recommended Action: Staff recommends the Board of County Commissioners approve the budget
resolution amending the fiscal year 2019-2020 budget
Attachments: Staff Report
2019 2020 Resolution
Exhibit "A"
Commissioner O'Bryan referred to Line 6 of the Budget Amendment and
questioned whether the item should be tabled since it depends on the outcome of
Agenda Items 13.C. and 14.B.1.
County Administrator Jason Brown suggested moving forward with the Budget
Resolution Agenda Item, noting that it could be amended, if necessary.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
to approve Resolution 2020-030, amending the Fiscal Year 2019-2020 Budget. The
motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
10.B.1. 20-1381 Request to Speak from Brodley Williams regarding Utility Lien at 1815
38th PI
Recommended Action:
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
Attachments: Public Discussion Request Williams
1815 38th PL summary
1815 38th PL Utilities Balance
1815 38th pl Williams
BCC032216A Holland 10.6.2.
BCC032216M minutes 10.6.2.
Lien for 1815 38th PL
Email Ref (1): Wilbert Williams, 1815 38th Place (1)
Email Ref (2): Wilbert Williams, 1815 38th Place
Tax Deed for 1815 38th PL
10.13.2. 20-1404
Mr. Brodley Williams, 1755 38th Place, came before the Board regarding the
utility lien on a property located at 1815 38th Place that was purchased through
a Tax Deed Sale.
Vincent Burke, Director of Utility Services, provided history of the utility lien on
the subject property. He confirmed the utility lien in the amount of $30,995.89,
noting that the service availability charge had accrued over a period of time. He
expressed his concerns that reducing the utility lien each time someone came
before the Board could set a precedent going forward.
A discussion followed regarding a breakdown of the utility lien between the
service availability charges, fines, fees and penalties, setting a precedent by
reducing the fees, the concern for the other bidders on the tax deed sale,
providing some type of relief of the fees so that the property would not remain a
vacant lot, and developing a policy on how to treat the utility liens on tax deed
sales going forward.
It was the consensus of the Board to bring the item back at a future meeting
with a policy that would apply to the liens on tax deed sales.
No Action Taken or Required
Request to Speak from Robert Booth regarding installation of a traffic
signal at 16th St and 58th Ave
Recommended Action: No action required
Attachments: Public Discussion Request
Mr. Robert Booth, 1569 Segovia Circle, requested a traffic study at the
intersection of 16th Street and 58th Avenue with the optimum result of a
four-way traffic light at the intersection.
Chairman Adams thanked Mr. Booth for taking the time to address the Board.
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
No Action Taken or Required
10.8.3. 20-1423 Request to Speak from Brennen Kliffmueller regarding Provision of a
Coronavirus Emergency Relief Fund
Recommended Action:
Attachments: Public Discussion Request
Mr. Brennen Kliffmueller, 536 Calamondin Way, presented an idea for a
Coronavirus Emergency Relief fund set aside for reimbursement of lost wages
for those affected by the virus.
Chairman Adams agreed with Mr. Kliffmueller and stated that there were
several non-profit organizations in the community that would be better situated
to help him with his idea.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
County Attorney Dylan Reingold read the Public Notices into the record.
10.C.1. 20-1389
Recommended Action:
Notice of Scheduled Public Hearing for April 7, 2020: Magnolia PD
(Quasi -Judicial)
Public Notice - No Action Required
Attachments: Staff Report
10.C.2. 20-1391
Recommended Action:
No Action Taken or Required
Notice of Scheduled Public Hearing for April 7, 2020: Bentley
Right-of-way Abandonment (Legislative)
Public Notice - No Action Required
Attachments: Staff Report
10.C.3. 20-1400
Recommended Action:
No Action Taken or Required
Notice of Scheduled Public Hearing to Consider Modifications to County
Code Sections 201.64 and 201.65 (Legislative)
The referenced public hearing item is provided for the Board of County
Commissioners' information. No action is needed at this time
Attachments: Staff Report
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
A. Addition: Coronavirus Update
County Administrator Jason Brown provided an update on the County's actions and
preparations in regards to the COVID-19 pandemic.
Commissioner Solari referred to Administrator Brown for suggestions on how the
County could get the COV1D-19 updates out quickly and in a way that was easily
accessible to the public.
No Action Taken or Required
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
G. Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 20-1418 Code Enforcement Board Appointment
Recommended Action:
The County Attorney recommends that the Board consider each resume, and
appoint the applicant it feels is best qualified to fill the unexpired term for the
"Member -at -Large" vacancy on the Code Enforcement Board.
Attachments: Staff Report
Application for CEB - Roy Clark
Application for CEB - Kelly Darmetko
Application for CEB - James Kordiak
Application for CEB - Daniel Wehkinq
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
County Attorney Reingold indicated there were four applications submitted for the
Member -at -Large vacancy on the Code Enforcement Board (CEB)
Applicants James A. Kordiak and Daniel Wehking spoke on their qualifications for
the Member -at -Large appointment to the CEB.
A motion was made by Commissioner Solari, seconded by Commissioner O'Bryan, to
appoint James A. Kordiak as Member -At -Large Representative to the Code
Enforcement Board. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
13.B. 20-1419
Recommended Action:
Indian River County et al., v. United States Department of Transportation, et
al
The County Attorney's Office recommends the Indian River County Board of County
Commissioners enter into an agreement with Mr. Lamken to handle the litigation before the
United State Supreme Court, for a flat fee of $200,000 for seeking review by the United
States Supreme Court, with the private citizens funding the cost of seeking jurisdiction, and
the Board funding the remaining costs, for a flat fee of $400,000, for the further briefing
and argument if jurisdiction is granted. The County Attorney's Office also recommends
that the Board authorize the hiring of another firm on similar terms if a conflict arises.
Attachments: Staff Report
Engagement Letter
County Attorney Dylan Reingold reviewed the information contained in his March
10, 2020 memorandum stating that the Board previously voted to hire Kannon K.
Shanmugam with the Law Firm of Paul Weiss to handle an appeal of the Indian
River County et al, v. United States Department of Transportation, et al. case to the
United States Supreme Court.
Attorney Reingold continued that the Paul Weiss firm had a conflict and was unable
to represent Indian River County, but recommended three attorneys that would be
able to handle the case for Indian River County. He presented a retainer agreement
for Mr. Jeffrey Lamken of the MoloLamken Firm to handle the litigation before the
United States Supreme Court and requested authorization to hire another firm on
similar terms, if a conflict arises.
A motion was made by Commissioner Solari, 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
13.C. 20-1421 Letter of Intent to Purchase Property for Animal Control Facility at 210 Old
Dixie Highway
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
Recommended Action:
The County Attorney's Office recommends that the Indian River County Board of
County Commissioners approve and authorize the chair to execute the Letter of
Intent to Purchase for the property located at 210 Old Dixie Highway and any other
documents necessary to effectuate the terms of the Letter of Intent to Purchase,
including the lease and purchase and sale agreement.
Attachments: Staff Report
Letter of Intent to Purchase
[Clerk's Note - This item was heard in conjunction with 14.B.1.]
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
deny staffs recommendation. The motion carried by the following vote:
Aye: 3 - Chairman Adams, Vice Chairman Flescher, and Commissioner Zorc
Nay: 2 - Commissioner O'Bryan, and Commissioner Solari
13.D. 20-1434
Recommended Action:
Attachments:
Resolutions Delegating the Authority to the County Administrator or his
Designee to Call Letters of Credit and to Act on Behalf of Indian River
County during the time frames of March 18, 2020, through and including
April 6, 2020
Authorize the Chairman to sign the resolution as presented, delegating the authority
to call Letters of Credit and delegating full signing authority during the period
commencing March 18, 2020, through and including April 6, 2020, or in the event
of a locally declared state of emergency due to COVID-19, until the Board of
County Commissioners is able to meet.
Staff Report Delegation Resolution
RESO delegating authority to administrator
There was no discussion on this item.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
to approve Resolution 2020-031, delegating authority to the County Administrator or
his designee, to execute resolutions calling Letters of Credit as necessary during the
period commencing March 18, 2020 through and including April 6, 2020, or in the
event of a locally declared state of emergency due to COVID-19, until the Board of
County Commissioners of Indian River County is able to meet, and further delegating
to the County Administrator or his designee, the authority to execute all documents
necessary to the proper functioning of the County during the period commencing
March 18, 2020, through and including April 6, 2020 or in the event of a locally
declared state of emergency due to COVID-19, until the Board of County
Commissioners of Indian River County is able to meet. The motion carried by the
following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
14. COMMISSIONERS MATTERS
A. Commissioner Susan Adams, Chairman
B. Commissioner Joseph E. Flescher, Vice Chairman
14.B.1. 20-1433
Proposal for a revised memorandum of understanding between the local
Humane Society and Indian River County
Recommended Action: Open discussion on revised MOU
Attachments:
Commissioner's Memorandum -- emergency add
Draft MOU HSVB and IRC 2020
[Clerk's Note: This item was heard in conjunction with Item 13.C. and is
placed here for continuity.]
Vice Chairman Flescher recalled the Memorandum of Understanding (MOU)
between the Humane Society of Vero Beach (HSVB) and Indian River County
and announced a revised MOU for the Board's consideration.
Vice Chairman Flescher turned the meeting over to County Attorney Dylan
Reingold who outlined the changes contained in the revised MOU from the
HSVB.
Michelle Quigley, Director of Government Relations, Humane Society Vero
Beach, maintained that the HSVB was in support of working collaboratively
with the County.
There was a motion was made by Vice Chairman Flescher, seconded by
Commissioner Zorc, to approve entering into a revised Memorandum of
Understanding between the Humane Society of Vero Beach and Indian River
County.
County Administrator Jason Brown stating that staff supported the revised
MOU and it would allow additional time to work through a potentially long
term solution with the HSVB.
A discussion followed on amending the motion to include moving forward with
securing a building for an Animal Control Facility if needed. The Board
expressed their concerns on the location and the size of the proposed facility at
210 Dixie Highway.
Miranda Hawker, Health Officer, Florida Department of Health in Indian River
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Board of County Commissioners
Meeting Minutes - Final March 17, 2020
County, conveyed her concerns regarding the revised MOU and proposed a
change, "not coordinate any internal or external efforts toward the
Trap -Neuter -Vaccinate -Return (TNVR) program in the County".
Joseph Paladin, Black Swan Consulting, commended Vice Chairman Flescher
for reaching out and trying to negotiate a deal with the HSVB.
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Zorc, to approve entering into a revised Memorandum of Understanding between
the Humane Society of Vero Beach and Indian River County. The motion carried
by the following vote:
Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and
Commissioner O'Bryan
Nay: 1 - Commissioner Solari
A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to
direct staff to obtain a three to six month option on the property located at 210 Old
Dixie Highway and continue to pursue other options for an animal facility. The motion
failed by the following vote:
Aye: 2 - Commissioner O'Bryan, and Commissioner Solari
Nay: 3 - Chairman Adams, Vice Chairman Flescher, and Commissioner Zorc
C. Commissioner Tim Zorc
D. Commissioner Peter D. O'Bryan
E. Commissioner Bob Solari
Commissioners Open Dialogue
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 10:20 a.m.
Indian River County Florida Page 13
Board of County Commissioners Meeting Minutes - Final
March 17, 2020
ATTEST:
AliOh.1
Jeffr- • ' . , nut ,CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:
AlZ&-+-C.i
Deputy Clerk
BCC/TCL/2020 Minutes
Susan Adams, Chairman
Approved:
Indian River County Florida Page 14