HomeMy WebLinkAbout03/10/2020 (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, March 10, 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 March 10, 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
Pastor Buddy Tipton, Central Assembly of God
3. PLEDGE OF ALLEGIANCE
Jason Brown, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Emergency Addition: Item 8.N., Change Order #1 to Work Authorization #1, CK
Contractors & Development
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. 20-1274 Presentation of Proclamation Designating The Day Of March 31, 2020, As Equal
Pay Day
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Chairman Adams read and presented the Proclamation to Kathleen (Kyp) Wasiuk of
the American Association of University Women, who provided statistics related to
the gender pay gap.
Read and Presented
5.B. 20-1328 Presentation of Proclamation Designating March, 2020, as American Red Cross
Indian River County Florida Page 1
Board of County Commissioners
Meeting Minutes - Final March 10, 2020
Month
Recommended Action: Read and Present
Attachments: Proclamation
Commissioner O'Bryan read and presented the Proclamation to Edith Carpenter,
Community Volunteer Leader, Coast to Heartland Chapter of the American Red
Cross. Ms. Carpenter spoke on the many services provided by the Red Cross.
Read and Presented
5.C. 20-1375 Coronavirus Presentation by Miranda Hawker, Health Officer, Florida Department
of Health in Indian River County
Recommended Action: No Action Required
Health Officer Miranda Hawker, Florida Department of Health in Indian River
County, used a PowerPoint presentation to provide an overview of the recent
outbreak of COVID-19. She stated that there were currently no confirmed cases in
Indian River County, but recommended the practice of social distancing and limited
social activities to mitigate the spread of the disease. Ms. Hawker provided
resources related to health alerts for travelers and learning more about COVID-19.
Discussion ensued among the Commissioners and Ms. Hawker, who agreed to
provide her PowerPoint presentation to be used on the County's website, and to
continue to provide updates to the Board and to the community. In response to an
inquiry from Commissioner O'Bryan, Ms. Hawker clarified that further
recommendations regarding COVID-19 would be coming from the Florida
Department of Health as they were deemed necessary.
Presented
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 20-1385 2020 Election of Committee Chairmen and Vice Chairmen
Recommended Action: Inform
Attachments: Staff Report
No Action Taken or Required
8. CONSENT AGENDA
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Consent Agenda as amended, pulling Items 8.E., 8.M., and 8.N. 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. 20-1377 Checks and electronic payments February 21, 2020 to February 27, 2020
Recommended Action:
Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of February 21, 2020 to February 27, 2020
Attachments: Finance Department Staff Report
Approved
8.B. 20-1349 Quarterly Investment Report for Quarter Ending 12/31/19
Recommended Action: Accept the report
Attachments: Investment Committee Report 123119
Accepted
8.C. 20-1350 Quarterly Tourist Development Tax Report for Quarter Ending 12/31/19
Recommended Action: Accept the report
Attachments: Tourist Development Tax Report 123119
Accepted
8.D. 20-1352 Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education
Program Trust Fund Report - Cumulative Reporting Through 12/31/19
Recommended Action: Accept the report
Attachments: Finance Dept Staff Report - Traffic Education Fund
Accepted
8.E. 20-1354 Quarterly OPEB Trust Report for Quarter Ending 12/31/19
Recommended Action: Accept the report
Attachments: Investment Committee OPEB Report 123119
Commissioner O'Bryan made note of the recent drop in the stock market when he
invited Clerk of the Circuit Court and Comptroller Jeffrey R. Smith to speak in
regards to the Quarterly OPEB (Other Post Employment Benefits) Trust Report.
Clerk Smith displayed confidence as he reminded the Board that the OPEB Trust
was a long-term investment.
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to
accept the Quarterly OPEB Trust Report. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
8.F. 20-1312 Consideration of the 2020 Title VI Program Update for Public Transportation
Recommended Action:
Staff recommends that the Board of County Commissioners approve the Title VI
Program Update and direct staff to submit the program to the Federal Transit
Administration.
Attachments: Staff Report
Title VI Program
Approved Resolution 2020-024, authorizing the submission of a triennial Title VI
Program Update to the Federal Transit Administration.
8.G. 20-1342 43rd Avenue Sidewalk from Airport Drive West to 41st Street (IRC -1503), Award
of Bid No. 2020016
Recommended Action: Staff recommends the project be awarded to PRP Construction Group, LLC in the
amount of $474,826.80 and requests the Board of County Commissioners approve
the sample agreement and authorize the Chairman to execute said agreement after
receipt and approval of the required Public Construction Bond and 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. 20-1373 Florida Department of Transportation (FDOT) Resolution for County Road 510
from County Road 512 to 58th Avenue Right of Way Acquisition (IRC -1842),
Financial Project No. 405606-3 and 405606-4
Staff recommends the Board of County Commissioners approve the Authorizing
Resolution and authorize the Chairman to execute the same.
Recommended Action:
Attachments: Staff Report
Authorizing Resolution
Exhibit A
8.1. 20-1374
Approved Resolution 2020-025, authorizing the Florida Department of Transportation
to acquire property rights.
Recommendation of Release of Retainage and Change Order No. 1 for Osprey
Acres Floway and Nature Preserve
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Meeting Minutes - Final March 10, 2020
Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor's
Application for Payment No. 22 -Final in the amount of $185,558.27
Attachments: Staff Report
Change Order No. 1
Contractor's Final Certification of Work
West Construction - Application for Payment No. 22
Approved staffs recommendation
8.J. 20-1360 Approval of Renewal for a Class "E" and Class "B" Certificate of Public
Convenience and Necessity for Falck Southeast II, Corp d/b/a All County
Ambulance to Provide Wheelchair/Stretcher and Interfacility Ambulance
Transportation Services
Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve
renewal of the Class "E" and Class "B" Certificate of Public Convenience and
Necessity for Falck Southeast II, Corp d/b/a All County Ambulance, to be effective
for a period of two (2) years from March 27, 2020 to March 27, 2022
Attachments: Staff Report
All County COPCN Application
Approved staffs recommendation
8.K. 20-1371 Approval of Renewal for a Class "E" and Class "B" Certificate of Public
Convenience and Necessity for Falck Southeast II, Corp d/b/a American
Ambulance Service to Provide Wheelchair/Stretcher and Interfacility Ambulance
Transportation Services.
Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve
renewal of the Class "E" and Class "B" Certificate of Public Convenience and
Necessity for Falck Southeast II, Corp d/b/a American Ambulance Service, to be
effective for a period of two (2) years from March 27, 2020 to March 27, 2022.
Attachments: Staff Report
American Ambulance Service COPCN Application
Approved staffs recommendation
8.L. 20-1363 Jones' Pier Conservation Area Public Use Improvements - Amendment Number 2 to
MBV Work Order #5 for Jones' Pier Conservation Area (FTC No.:
05 -039 -FF) - Construction Oversight Services
Recommended Action: Staff respectfully recommends acceptance of the Amendment Number 2 to Work
Order Number 5, Jones' Pier Conservation Area with MBV Engineering, Inc. under
the Continuing Consulting Engineering Services Agreements -RFP 2018008 in the
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Meeting Minutes - Final March 10, 2020
amount of $8,200.00, and authorize the Chairman to execute the amendment after
review and approval by the County Attorney as to form and legal sufficiency.
Attachments: Staff Report
MBV Amendment #2 to MBV WO #5
Approved staffs recommendation
8.M. 20-1382 Groundwater Modeling and Impact Evaluations with CDM Smith, Amendment No.
1 to Work Order No. 5
Recommended Action: Staff recommends approval of Amendment No. 1 to Work Order No. 5 and requests
that the Board of County Commissioners authorize the Chairman to execute the
Amendment on their behalf to engage the services of CDM Smith for a sum amount
of $23,290
Attachments: Staff Report
Amendment No 1 to Work Order No 5 with CDM
Commissioner O'Bryan stated that Mr. Robert Adair had approached him because
Mr. Adair felt additional studies were necessary prior to moving forward with
increasing well capacity.
Robert Adair, Jr., 7060 33rd Street, used a PowerPoint presentation to provide the
Floridian Aquifer Well and the North County and South County Wells locations.
He suggested that a detailed hydrology study be performed to show the actual water
usage and the condition of the wells. He felt the County should commit to an
alternative water supply at this time.
Commissioner O'Bryan commented that Mr. Adair made some good points for the
long-term, but he was supportive of staffs recommendation as they addressed the
requirement from St. Johns River Water Management District (SJRWMD) for the
Consumptive Use Permit 10524 modification.
In response to Mr. Adair's comments, Director of Utility Services Vincent Burke
provided clarification that the additional model simulations were in response to the
SJRWMD-required "11th hour" request. Director Burke also addressed
misinformation that had been brought to his attention, and stated that he was open
to meeting with anyone who had additional questions.
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
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
8.N. Change Order #1 to Authorization #1, CK Contractors
(Clerk's Note: This item was an emergency addition to the Agenda.)
Commissioner O'Bryan presented the item, as it was an urgent matter regarding a
leaking gate valve on a 16" water main along 58th Avenue south of 5th Street SW.
A motion was made by Commissioner O'Bryan, seconded by Chairman Adams, to
approve Change Order #1, increasing the amount of emergency Purchase Order
85831 to CK Contractors & Development by $42,785.00, to a total of $126,790.00. 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
9.A. 20-1379 Indian River County Sheriff Deryl Loar: Proceeds from Online Auction of Surplus
Property
Recommended Action: Approve request for auction proceeds to be used to acquire new like -kind property
within the current fiscal year pursuant to Chapter 274, Florida Statutes
Attachments: FY 2019 Auction Proceeds
Sheriff Deryl Loar was present to discuss the item.
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Indian River County Sheriffs request for net auction proceeds in the
amount of $101,644.00 to be used to acquire new, like -kind property within the
current fiscal year, pursuant to Chapter 274, Florida Statutes. The motion carried by
the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
9.B. 20-1380 Indian River County Sheriff Deryl Loar: State Criminal Alien Assistance Program
(SCAAP) Funds
Approve request for budget amendment to Corrections Operating Expenses
Recommended Action:
Attachments: FY 2019 SCAAP Letter
Sheriff Deryl Loar presented the request to the Board.
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Indian River County Sheriffs request for a budget amendment to transfer
$33,653.00, the amount received from the State Criminal Alien Assistance Program
(SCAAP), into the Corrections Operating Expenses. 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 10, 2020
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. 20-1378
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Request for the Board of County Commissioners to Consider an Ordinance to
Amend Title X, Impact Fees, of the Code of Indian River County by Adopting
Proposed New Impact Fee Schedules for the Unincorporated Indian River
County and Municipalities, and by Adopting Related Amendments Including
Revisions to Level of Service Standards Used in Impact Fee Calculations and
Revisions to Impact Fee Benefit Districts [Legislative]
Recommended Action: Staff recommends that the Board of County Commissioners: 1. Accept the
Consultant's Impact Fee Update Final Report dated February 13, 2020; and 2.
Adopt the proposed modifications to Title X, Impact Fee Ordinance Changes,
as contained in Attachment #1 of the proposed ordinance, including updates to:
a. impact fee level of service standards for Emergency Services, Public
Buildings Development, Law Enforcement, Parks and Recreation Facilities, and
Public Education Facilities; b. the impact fee schedules as contained in
Appendix A; and c. Impact Fee Benefits Districts for Transportation as
contained in Appendix B.
Attachments: Staff Report
Final Impact Fee Update Study Report
Proposed Ordinance - Including Impact Fee Schedule
Community Development Director Phil Matson introduced the topics to be
addressed by Long Range Planning Chief Bill Schutt and Certified Planner
Nilgun Kamp, Tindale -Oliver & Associates, Inc.
Ms. Kamp used a PowerPoint presentation to detail the Impact Fee Update
Final Report, dated February 13, 2020. Commissioner O'Bryan received
additional information from Ms. Kamp about the calculations used to propose a
91% increase in the Fast Food w/Drive-Thru category. She continued by
highlighting the Summary of Changes, Revenue Sources, neighboring county
Impact Fees comparisons, and the existing and proposed Transportation Impact
Fee Benefit Districts.
Chief Schutt then referred to his PowerPoint presentation to cover Historical
Trends and the 2020 Update Review of Key Policy Issues, which included a
New Single -Family Residential Category for Affordable Housing. He clarified
staffs recommendation and included the proposed Ordinance modifications to
go into effect on June 15, 2020, as they were provided in the staff memorandum
dated March 2, 2020.
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Meeting Minutes - Final March 10, 2020
Commissioner Zorc discussed his concerns, making note that he was not
supportive of increasing Impact Fees.
The Chairman called for a recess at 10:45 a.m., and reconvened the meeting at
10:56 a.m., with all members present.
Commissioner O'Bryan inquired with Chief Schutt on the average median
income from the Affordable Housing Advisory Committee (AHAC). The
Commissioner felt that there may be an increase in building affordable
multi -family mid -rise units if the County could offer a 50% reduction in Impact
Fees to the developers who were building the complex. He also discussed his
concerns related to traffic degradation, and he spoke on School Impact Fees. It
was agreed upon by the Commissioners that the School Board of Indian River
County should formally approve the School Impact Fees.
Commissioner Solari suggested the approval of staffs recommendation with a
condition to return to the subsector related to Impact Fees for Affordable
Housing after staff and the AHAC had the opportunity to explore the details.
Director Matson agreed to report back to the Board at a future meeting.
Chairman Adams opened the Public Hearing.
Paul Carlisle, City Manager, City of Sebastian, suggested maintaining the
current model of three (3) Transportation Impact Fee Benefit Districts instead
of reducing the model to two (2), as proposed, to ensure that the money would
be spent where it was collected.
Peter Robinson, President, Laurel Homes, supported maintaining the current
three (3) -District model. In addition, he asked the County to rethink the way
they generate funding for roads, and to research the square footage needed for
families when setting the guidelines for Affordable Housing.
Joseph Paladin, President, Black Swan Consulting, inquired and received
clarification from Ms. Kamp regarding the the proposed two (2) -District model.
Mr. Paladin also mentioned Consumption -Use Impact Fees.
There being no additional speakers, the Chairman closed the Public Hearing.
Commissioner Zorc questioned the height requirements per story for a three
(3) -story building; deliveries being made by Amazon from their St. Lucie
County location; and cost-sharing related to improving roads that extend
through more than one District.
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
County Administrator Jason Brown provided insight on the proposed two
(2) -District model. Chairman Adams pointed out the overlapping of Districts
as she acknowledged the concerns of Mr. Carlisle and Mr. Robinson.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman
Flescher, to: 1) approve staffs recommendation with the following conditions: a)
request that the School Board of Indian River County approve the School Impact
Fee; b) direct County staff and the Affordable Housing Advisory Committee to
further research the 50% impact fee discount on mid -rise multi -family housing;
and c) authorize the County Attorney to make as -needed amendments to
Ordinance 2020-005; and 2) adopt Ordinance 2020-005, amending Title X, Impact
Fees, of the Code of Indian River County, to amend the text of Title X for level of
service standards used in impact fee calculations and clean up revisions as may
be necessary; and to amend Appendix A, Impact Fee Schedules to approve new
impact fee schedules for Unincorporated Indian River County and municipalities;
providing for effective date for new impact fee schedules; and providing for
codification; severability; and effective date. The motion carried by the
following vote:
Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner O'Bryan, and
Commissioner Solari
Nay: 1 - Commissioner Zorc
B. PUBLIC DISCUSSION ITEMS
10.B.1. 20-1390 Request to Speak from Hal McAdams Regarding Improvement and Widening
of 4th St between 58th Ave and 66th Ave
Recommended Action:
Attachments: Public Discussion Request
Hal McAdams, 540 61st Avenue, used PowerPoint slides to provide a visual
when addressing the road conditions of 4th Street between 58th Avenue and
66th Avenue. He requested that a road study be performed to confirm the need
for improvements beyond road resurfacing.
Chairman Adams stated that County staff would take the request under
advisement.
No Action Taken or Required
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
A. Community Development
B. Emergency Services
12.B.1. 20-1393
Approval of a Memorandum of Understanding between Humane Society Vero
Beach & Indian River County Florida Inc., and the Indian River County Board
of County Commissioners.
Recommended Action: Staff is requesting guidance from the Board to either enter into discussions with
the Humane Society of Vero Beach to house animals for a period of up to six
months and to return a MOU for Board consideration at a future meeting, or to
make the necessary preparations for the purchase of the necessary buildings,
staffing and equipment necessary for establishing a County run and maintained
Animal Services facility.
Attachments: Staff Report
Draft MOU
Estimated Expenses
Director of Emergency Services Tad Stone addressed the Board to request
guidance for entering into a temporary six (6) -month Memorandum of
Understanding (MOU), included in his memo dated March 5, 2020 and
prepared by the Humane Society Vero Beach & Indian River County Florida
Inc. (Humane Society), for the in-house sheltering of animals picked up by the
County's Animal Control Officers. He pointed out that the current contract
between the County and the Humane Society would expire on April 30, 2020,
and that the Humane Society did not wish to extend the current contract.
Another option mentioned by Chief Stone was to begin the process of starting
the County's own animal services facility for animals picked up by the County's
Animal Control Officers.
Discussion from the Board began with Chairman Adams noting the expense of
establishing an animal shelter, and preferred to work through the MOU process.
Commissioner Solari offered his understanding that the Humane Society would
be using the trap, spay/neuter, vaccinate, release (TNVR) program going
forward. Vice Chairman Flescher was interested in knowing whether TNVR
would be part of the agreement between the County and the Humane Society, as
he did not feel it was in the best interest of the citizens of the County.
Michelle Quigley, Director of Government Relations, Humane Society Vero
Beach, stated that the MOU would offer continuity in providing vital services,
and would also provide the Board with time to decide how they wished to
proceed. She stated that during the MOU period, operations would be
mirrored on the wording stated in the draft MOU, and discussions would then
take place on many needed changes, including TNVR.
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Meeting Minutes - Final March 10, 2020
Discussion continued among members of the Board and County Administrator
Jason Brown. Vice Chairman Flescher requested additional clarification, as he
noted that TNVR was not specifically stated in the document provided, and he
wanted to be advised of the Humane Society's intent during the six-month
period covered by the MOU. County Administrator Jason Brown also felt
additional clarification was necessary. Chairman Adams voiced her opinion
that the action before the Board was for Chief Stone to either continue
discussions with the Humane Society to ultimately return with a final draft
MOU for Board approval at a later date, or to begin the process of opening an
animal services facility run by the County. Although she agreed that there
needed to be a more effective way to reduce roaming cats in certain areas of the
County, the Chairman spoke in favor of Chief Stone negotiating a MOU with
the Humane Society. Commissioner Zorc acknowledged health concerns and
wildlife issues, but felt it would be best to put all options on the table and try to
come up with a plan to reduce the number of feral cats. Vice Chairman
Flescher and Commissioner O'Bryan made it clear that they did not support
TNVR, and advocated for wording in the MOU to state that the Humane
Society would not undertake in TNVR activities during the MOU's six-month
period.
Kate Meghi, Executive Director, Humane Society of Vero Beach, discussed that
TNVR and many other issues were of critical importance in negotiating future
agreements with the County. She spoke of her desire for Ms. Quigley and
Chief Stone to work together to negotiate a MOU that would be agreeable to the
Board.
Commissioner O'Bryan warned of the limited amount of time until the current
contract would expire and inquired as to whether the County needed to
implement an alternate plan to open their own facility based on the TNVR
concern. In pointing out his concern that less -fortunate neighborhoods have
been overcrowded by free -roaming cats, he used a PowerPoint slide to provide
the location of the residences of members of the Humane Society Board in
comparison to the location of documented feral cat sightings.
Administrator Brown asked for clear direction on what the parameters of the
six-month agreement would be, adding his opinion that it was unlikely that staff
could reach a long-term agreement with the Humane Society without
significant changes to the Code of Indian River County.
Commissioner Solari made a motion to direct Chief Stone to: 1) negotiate with
the Humane Society and return to the April 7, 2020 meeting with a MOU that
would not allow for the practice of TNVR; and 2) begin the process of opening
an animal services facility to be run by the County. Vice Chairman Flescher
seconded the motion, then withdrew his second shortly thereafter, stating that
the recent change in the Humane Society's philosophy made it inevitable that
they would no longer be able to work together. The motion made by
Commissioner Solari died for lack of a second.
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Additional discussion ensued, with Chief Stone confirming that a building had
been located that would be conducive for an animal services facility, and the
owners were agreeable to entering into a lease with the County until the
purchase could be finalized.
The following individuals addressed the Board with concerns and suggestions:
Joseph Paladin, President, Black Swan Consulting
Barbara Lipton, 760 23rd Place SW
Janet Winikoff, 1295 Vintage Drive
Anthony Brown, 4159 57th Court, representing the National Association for the
Advancement of Colored People (NAACP)
Miranda Hawker, Health Officer, Florida Department of Health in Indian River
County, spoke about rabies and public health concerns while utilizing a
PowerPoint presentation to provide statistics and photographs of feral cats
congregating and being fed in certain areas of the County.
Susan Smith, President, Humane Society, stated that TNVR was not a practice
of the Humane Society. She discussed statistics related to the number of
roaming cats and feral cat euthanizations, and added that the Humane Society
offered free spay/neuter clinics to assist in reducing the number of roaming cats
in the community. She announced that the purpose of not renewing the
County's current contract was to make necessary changes by working together
with the County to find a solution to the roaming cat problem. Ms. Smith
informed the Board that the Humane Society would continue to accept any
animal brought to the shelter.
In response to Vice Chairman Flescher's question on some of the statistics
mentioned, Ms. Smith suggested scheduling a meeting where she could give a
formal presentation. She reiterated that feral cats were euthanized; however,
the Vice Chairman and Chief Stone told of recent reports where feral cats were
trapped and later returned to the same property.
Commissioner O'Bryan thanked Ms.Smith and the Humane Society for their
good work in the community. He then stated that he was informed that the
Humane Society Board had voted to implement the practice of TNVR. Ms.
Smith was not aware, but it was confirmed by Director Meghi that the Humane
Society Board did pass a proclamation to advocate for TNVR in Indian River
County.
The Chairman called for a recess at 1:00 p.m., and reconvened the meeting at
1:08 p.m., with all members present.
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Meeting Minutes - Final March 10, 2020
Following the recess, the following residents addressed the Board with
additional concerns:
Jens Tripson, 2525 14th Street, representing Every Dream Has A Price
Dr. David Cox, Periwinkle Drive at Summerplace, representing Pelican Island
Audubon Society and Audubon Florida
Dr. Richard Baker, President, Pelican Island Audubon Society
Final discussion ensued with Commissioners and staff each expressing their
opinions and concerns on the MOU, the problem of feral cats, and the
possibility of a County -run animal services facility.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman
Flescher, to direct staff to prepare for the lease or purchase of a building to
house a County -run animal services facility. The motion carried by the following
vote:
Aye: 3 - Vice Chairman Flescher, Commissioner O'Bryan, and Commissioner Solari
Nay: 2 - Chairman Adams, and Commissioner Zorc
C. General Services
12.C.1. 20-1376
Recommended Action:
Lost Tree Islands Conservation Area Enhancement Design &
Engineering -- Award RFQ 2020008 to Carter Associates, Inc.
Staff recommends the Board accept the Agreement with Carter Associates, Inc.
authorizing the professional services as outlined in the Scope of Services and
requests the Board to authorize the Chairman to execute Agreement on their
behalf for a lump sum amount of $338,080 upon approval by the County
Attorney as to form and legal sufficiency.
Attachments: Staff Report
Sample Agreement Carter
Exhibit A
Exhibit B
Parks & Conservation Resources Assistant Director Beth Powell referred to
staffs memorandum dated February 27, 2020 and a PowerPoint presentation to
highlight the scope of work, habitat objectives and restoration goals for the Lost
Tree Islands Conservation Area. Her presentation included photos of work that
had been performed on the islands, in addition to the considerations and
challenges related to the project design.
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
Commissioner Zorc suggested that a kayak/paddleboard launch be implemented
into the project plans. Ms. Powell was supportive of the idea, and she agreed
to explore the possibility. The Commissioner also received clarification from
Ms. Powell regarding the permitting process for future enhancements, as
funding becomes available.
A motion was made by Commissioner Solari, seconded by Vice Chairman
Flescher, to approved staffs recommendation. The motion carried by the
following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
G Utilities Services
12.6.1. 20-1386 Biosolids Rule Making for Chapter 62-640 Florida Administrative Code and
Public Hearing scheduled for March 19, 2020
Recommended Action: Staff recommends that the Board of County Commissioners (BCC) review and
approve, or approve with modifications, the draft letter to be signed by the BCC
Chair and sent to the Chair of the Environmental Regulation Commission ahead
of the March 19, 2020, public hearing
Attachments: Staff Report
November 19, 2019 agenda
FDEP Public Hearing agenda
Letter SLC to Environmental Regulation Commission
Draft letter from Indian River County to the Environmental Regulation
Commission
Director of Utility Services Vincent Burke referred to staffs memorandum
when announcing that the Florida Department of Environmental Protection
(FDEP) had scheduled a public hearing for March 19, 2020 on the proposed
amendments to the biosolids rule, Chapter 62-640, Florida Administrative Code
(F.A.C.). He stated that staff would be traveling to Tallahassee to attend the
hearing, and he was open to additional comments from the Board and/or the
public.
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
Chairman Adams opened the floor for public comments.
Dr. Richard Baker, President, Pelican Island Audubon Society, stated his
appreciation for the work done by the Board to stop the spreading of biosolids
in the County.
Dr. David Cox, on behalf of Audubon Florida, offered appreciation to staff and
the Board for the way they have handled the biosolids issue.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc,
to approve: 1) the draft letter, as written; and 2) 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
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. 20-1387 Commissioners Open Dialogue
Recommended Action: Informational Only
Attachments: Memorandum
Commissioner Solari discussed the appeal extension application that was
recently filed with the U.S. Court of Appeals in Washington D.C. for Indian
River County vs. Virgin Trains.
Commissioner O'Bryan acknowledged Parks and Conservation Resources
Director Kevin Kirwin for reaching out to a new resident, Ms. Barbara Curley,
to provide her with detailed information regarding local parks. Ms. Curley had
emailed the Commissioners to let them know about the level of service she
received.
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
Commissioner Zorc spoke about the well -attended March 4, 2020 meeting with
the Indian River Lagoon Council, Florida Institute of Technology (FIT), and
Florida Atlantic University (FAU) Harbor Branch regarding the Indian River
Lagoon general issues and the Bethel Creek Flushing Study.
No Action Taken or Required
15. SPECIAL DISTRICTS AND BOARDS
The Board of County Commissioners reconvened as the Board of Commissioners
of the Emergency Services District. The minutes will be approved at an upcoming
Emergency Services District meeting.
A. Emergency Services District
15.A.1. 20-1384 Interlocal Agreement with the City of Fellsmere Regarding Fire Marshal
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
interlocal agreement.
Attachments: Staff Report
Proposed Interlocal Agreement
(Clerk's Note: This item was heard prior to Item 14.F.1. Commissioners Open
Dialogue, and is placed here for continuity)
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: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and
Commissioner O'Bryan
Nay: 1 - Commissioner Solari
B. Solid Waste Disposal District
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Board of County Commissioners
Meeting Minutes - Final March 10, 2020
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 1:55 p.m.
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Board of County Commissioners Meeting Minutes — Final
March 10, 2020
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
BCC/RDZ/2020 Minutes
ams, Chairman
Approved: June 23 , 2020
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