HomeMy WebLinkAbout05/12/2020 (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, May 12, 2020
9:00 AM
Commission Chambers
This meeting can be attended virtually by accessing YouTube Live.
Instructions can be found included with this agenda and also online at
www.ircgov.com.
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 May 12, 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
Father Dave Newhart, Rector, St. Elizabeth's Episcopal Church
3. PLEDGE OF ALLEGIANCE
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, 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. 20-1544 Presentation of Proclamation Recognizing May 10 Through 16, 2020 as National
Police Week
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Chairman Adams read and presented the Proclamation to Indian River County
Sheriff Deryl Loar.
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 Zorc, to
approve the Consent Agenda as presented. The motion carried by the following
vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
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Board of County Commissioners
Meeting Minutes - Final May 12, 2020
8.A. 20-1538 Checks and Electronic Payments April 24, 2020 to April 30, 2020
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of April 24, 2020 to April 30, 2020
Attachments: Finance Department Staff Report
Approved
8.B. 20-1522 Jesse R. Almand, Summer P. Almand, Richard Lefebure, and Abigail Lefebure's
Request for Affidavit of Exemption Approval with Dedications to the County
[AOE-19-12-05 / 99080143-85359] (Almand AOE)
Based on the provided analysis, staff recommends that the Board of County
Commissioners accept the dedication of the limited access easement and authorize
the chairman to execute the subject Affidavit of Exemption.
Recommended Action:
Attachments: Staff Report
Location Map
Affidavit of Exemption Layout
Approved staffs recommendation
8.C. 20-1536 Approval of FWC Grant for Indian River County Derelict Vessel Removal Project
Recommended Action: Staff recommends that the Board of County Commissioners approve Agreement
No. 19240 in the amount of $22,100 and authorize the Chairman to execute it on
behalf of the County
Attachments: Staff Report
FWC Grant Agreement
FWC Grant Form
Removal Maps
Approved staffs recommendation
8.D. 20-1537 Sector 3 Beach and Dune Nourishment Project (IRC1925), APTIM, Work Order
No. 2018006-7, Pre -Construction Services
Staff recommends the BCC authorize Work Order No. 2018006-7 in the total lump
sum amount of $41,633.00. Additionally, staff recommends the BCC authorize the
Chairman to execute Work Order No. 2018006-7
Recommended Action:
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Board of County Commissioners
Meeting Minutes - Final May 12, 2020
Attachments: Staff Report
APTIM WO# 2018006-7
APTIM Scope, WO# 2018006-7
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
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
E. Office of Management and Budget
F. Public Works
G Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A. 20-1516 County Attorney's Annual Employment Agreement
Recommended Action: The County Attorney recommends that the Board review the proposed agreement,
and decide whether to approve the agreement and authorize the Chairman to sign it.
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Board of County Commissioners
Meeting Minutes - Final May 12, 2020
Attachments: Staff Report
Contract (2020-2021)
13.B. 20-1525
County Attorney Dylan Reingold presented to the Board his Annual Employment
Agreement, up for renewal.
Commissioner O'Bryan commended Attorney Reingold and his staff for their
productivity.
A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher,
to approve the County Attorneys Annual Employment Agreement. The motion
carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
School District Resolution Directing County to Place a Referendum on the Primary
Election Ballot
Recommended Action: The County Attorney's Office recommends that the Board approve the resolution as
presented or as amended.
Attachments: Staff Report
Proposed Resolution
School Board Resolution 2020-9
County Attorney Dylan Reingold introduced the details related to the School Board
of Indian River County's direction to the Board of County Commissioners to call an
ad valorem tax millage election in conjunction with the primary election of August
18, 2020, as stated in staffs memorandum dated April 27, 2020.
Chairman Adams opened the public comment session.
The following individuals spoke in support of the referendum:
Liz Cannon, President, Indian River County Education Association (IRCEA)
Dr. Mara Schiff, School Board of Indian River County
Douglas Herron, Executive Director, Education Foundation of Indian River County
Mike Murray, President, CWA (Communications Workers of America) Local 3180
Michael Kint, Exploratory Committee, Children's Trust of Indian River County
Margaret Ingram, 4125 61st Avenue, retired teacher
Takeisha Harris, Principal, Liberty Magnet School
Commissioner O'Bryan spoke in full support of the 0.50 millage election, and
suggested that the referendum be added to the November 3, 2020 ballot, to be voted
on in the General Election. All Commissioners were supportive of the referendum.
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Meeting Minutes - Final May 12, 2020
Commissioner Solari and Vice Chairman Flescher added that past elections have
seen a much higher percentage of voters turnout for the General Election in
November; therefore, they felt that November would be a more appropriate time to
place the referendum on the ballot. Attorney Reingold confirmed the
Commissioners recollection by providing the comparison numbers related to voter
turnout for the 2012 and 2016 Primary and General Elections.
Dr. David Moore, Superintendent, School District of Indian River County (SDIRC),
presented several reasons for needing solid answers regarding the future dollars
coming to the SDIRC, and he requested that the referendum be placed on the
August 18, 2020 Primary Election ballot.
Commissioner Solari suggested voting on the approval of the referendum first,
followed by discussion and a vote related to placing the referendum on the
November 3, 2020 General Election ballot.
A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to
approve the School Board of Indian River County's request to call an election for a
referendum to be placed on an upcoming ballot. The motion carried by the following
vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
Commissioner O'Bryan understood the urgency mentioned by Dr. Moore, however
he agreed with Commissioner Solari and Vice Chairman Flescher to wait until the
General Election for a higher voter turnout at the polls, which would also provide
additional time to educate the public on the importance of the referendum.
The following citizens spoke in support of placing the referendum on the August
18, 2020 Primary Election ballot:
Dr. Fran Adams, Former Superintendent, SDIRC
Ray Oglethorpe, Founder, The Learning Alliance
Barbara Hammond, CEO, The Learning Alliance
Jennifer Freeland, Vice President, Indian River County Education Association
(IRCEA)
Tiffany Justice, School Board of Indian River County
Suzanne D'Agresta, Attorney, School Board of Indian River County
Laura Zorc, Chair, School Board of Indian River County
Liz Cannon, President, IRCEA
Discussion ensued among the Commissioners, Attorney Reingold, County
Administrator Jason Brown, and Dr. Moore, which included the expiration of the
current 0.5 millage for the SDIRC, timing restrictions for placing a referendum on
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Meeting Minutes - Final May 12, 2020
an election ballot, the percentage of yes -votes necessary to pass a referendum,
teacher negotiations, recurring costs, budgeting challenges, and the preferred date
to place the referendum on the election ballot.
Chairman Adams felt that the SDIRC may have a better chance of passing the
referendum in November, but because the Commissioners do not oversee the
School District's finances, she was supportive of their August 18, 2020 request.
A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher,
to approve revised Resolution 2020-041, to call an election for a referendum to be
placed on the ballot of the November 3, 2020 General Election. The motion carried
by the following vote:
Aye: 4 - Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and
Commissioner Solari
Nay: 1 - Chairman Adams
Commissioner O'Bryan received clarification from Attorney Reingold as to the
legality of the Commission approving a Resolution of Support related to the School
Board of Indian River County's referendum.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
to direct the County Attorney to draft a Resolution of Support related to the School
Board of Indian River County's referendum. The motion carried by the following
vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
13.C. 20-1535
Recommended Action:
The Chairman called for a recess at 10:24 a.m., and reconvened the meeting at
10:32 a.m., with all members present.
Termination of Tower Structure Lease Agreements for 1340 Old Dixie Highway
and 810 Bailey Drive
The County Attorney's Office recommends that the Indian River County Board of
County Commissioners ("Board") authorize the County Attorney's Office to send
notice of termination to all tenants on both towers. The County Attorney's Office
also recommends that the Board authorize County staff to procure a consultant with
expertise in communications leases who can assist the County in obtaining a lease
with a carrier for collocation space on the towers at the best possible rental rate.
Attachments: Staff Report
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Final May 12, 2020
13.D. 20-1547
County Attorney Dylan Reingold referred to staffs memorandum dated May 1,
2020, regarding the contract agreements for the communications subleases on the
South Tower and the North Tower, expiring in December 2020. He announced a
plan to move forward in obtaining leases that would yield the best rental rate.
Attorney Reingold satisfied Commissioner Zorc's concern regarding a possible gap
in cellular service for the areas served by the towers.
A motion was made by Commissioner Solari, seconded by Commissioner O'Bryan, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
Purchase of a parcel of right-of-way located at 4740 58th Avenue, Vero Beach,
Florida, owned by Paulette Brown
Recommended Action: Staff recommends the Board discuss this mediation result and adopt the County
Attorney's Office recommendation of a total settlement in the amount of $119,500.
Attachments: Staff Report
sketch/description for right-of-wav
Deputy County Attorney Bill DeBraal referred to staffs memorandum dated May 6,
2020, regarding the purchase of a parcel of right-of-way owned by Paulette Brown
to be acquired for the 58th Avenue Project.
Commissioner O'Bryan was dissatisfied with the comparison properties used in the
appraisal, noting that one of the comparison properties was located on the St.
Sebastian River, and the other was zoned for light industrial use. Following a
comment by Attorney DeBraal regarding the appraiser possibly being hired for
other land acquisition cases, Commissioner O'Bryan requested that a formal
complaint be filed against the appraiser by the County Attorney's office.
Commissioner Zorc stated that the Real Estate Appraisal Board would hear the
complaint.
Commissioner Solari shared the concern that the appraiser may be hired for future
land acquisition cases.
After receiving confirmation from Attorney DeBraal that an eminent domain trial
would not take place for approximately 18 months, and that the new home being
built on the property, to replace the home destroyed by fire, was currently under
construction, Chairman Adams felt it was better to approve the settlement terms
rather than going before a jury.
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Board of County Commissioners
Meeting Minutes - Final May 12, 2020
Public Works Director Rich Szpyrka advised Chairman Adams that the cost of
constructing a driveway on the property would be approximately $2,000-$3,000, a
cost that had been included in the 58th Avenue Project.
A motion was made by Commissioner O'Bryan, seconded by Chairman Adams, to: 1)
approve staffs recommendation, and 2) direct the County Attorney's office to file a
formal complaint against the appraiser. The motion carried by the following vote:
Aye: 3 - Chairman Adams, Commissioner Zorc, and Commissioner O'Bryan
Nay: 2 - Vice Chairman Flescher, and Commissioner Solari
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
Commissioners Open Dialogue
14.F. 20-1548 Commissioners Open Dialogue
Recommended Action: Informational Only
Attachments: Memorandum
Due to COVID-19, there were no meetings attended by the Commissioners;
however, the pandemic was a topic of discussion.
Chairman Adams spoke on the lack of internet access in some of the rural areas
of the County, noting that it may be something to keep in mind when cultivating
agri-business.
Commissioner Zorc was happy to attend some drive-thru celebrations, and he
asked his fellow Commissioners to keep the people experiencing tough times in
their thoughts and prayers.
Vice Chairman Flescher thanked the citizens of the County for following the
rules that were set, County Administrator Jason Brown for his guidance, and the
entire County staff for being creative. Administrator Brown responded by
thanking the Commissioners for their support as he stated his appreciation for
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Meeting Minutes - Final May 12, 2020
everyone involved in working under Governor DeSantis' guidance.
No Action Taken or Required
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 10:54 a.m.
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Board of County Commissioners Meeting Minutes — Final
May 12, 2020
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:
BCC/RDZ/2020 Minutes
Adams, Chairman
Approved: July 7 , 2020
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