HomeMy WebLinkAbout06/09/2020 (3)Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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Meeting Minutes - Final
Tuesday, June 9, 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 June 9, 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
2.11. INVOCATION
Pastor Doug Vogt, Pathway Church
3. PLEDGE OF ALLEGIANCE
Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Moved: 15.A. Emergency Service District to follow Item 8. Consent Agenda
A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan,
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
6. APPROVAL OF MINUTES
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
to approve the Regular Meeting Minutes of February 18, 2020 and March 3, 2020, as
written. The motion carried by the following vote:
6.A. 20-1619 Regular Meeting of February 18, 2020
Recommended Action: Approve
Attachments: 02182020 Granicus
Approved
6.B. 20-1621 Regular Meeting of March 03, 2020
Recommended Action: Approve
Attachments: 0303202OBCC Draft
Approved
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 20-1630 Letter to BCC Re: 2020 Environmental Lands Bond Referendum and Trust for
Public Land Report
Recommended Action: No action required
Attachments: Staff Report
Letter to BCC Environmental Lands Bond Referendum
Trust for Public Land Report
Chairman Adams and Commissioner O'Bryan stated that they agreed with the
decision that was made to postpone promoting the Environmental Lands Bond
Referendum.
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
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
8.A. 20-1604 Checks and Electronic Payments May 22, 2020 to May 28, 2020
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of May 22, 2020 to May 28, 2020
Attachments: Finance Department Staff Report
Approved
8.B. 20-1606 Acceptance and Approval of Expenditures of Emergency Management
Federally -Funded Subgrant Agreement (EMPG) Agreement Number G0071
Recommended Action: Staff recommends approval of the Federally -Funded Subgrant Agreement (G0071),
associated Expenditures, and authorization of the Chairman to execute this
agreement between Indian River County Emergency Management and the State of
Florida, Divsion of Emergency Management.
Attachments: Staff Report
FY 2020 - 2021 EMPG - G0071
EMPG Grant Form
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final
8.C. 20-1612 Acceptance and Approval of Expenditures for Emergency Management
State -Funded Subgrant Agreement (EMPA) Agreement Number A0090
June 9, 2020
Recommended Action: Staff recommends approval of the State -Funded Subgrant Agreement A0090,
associated expenditures, and authorization of the Chairman to execute this
agreement between Indian River County Emergency Management and the State of
Florida, Division of Emergency Management.
Attachments: Staff Report
FY2020-2021 EMPA AGREEMENT A0090
EMPA Grant Form
Approved staffs recommendation
8.D. 20-1613 Acceptance and Approval of Expenditures of Emergency Management Performance
Grant Program-COVID-19 Supplemental (EMPG-S) Agreement Number: G0080
Recommended Action: Staff recommends approval of the Federally -Funded Subgrant Agreement (G0080),
associated expenditures, and authorization of the Chairman to execute this
agreement between Indian River County Emergency Management and the State of
Florida, Division of Emergency Management.
Attachments: Staff Report
2020-2021 EMPG-S AGREEMENT G0080
EMPG-S Grant Form
Approved staffs recommendation
8.E. 20-1607 Award of Bid No. 20200021, 58th Avenue (From North of 57th Street to 85th
Street/CR510) Full Depth Reclamation Project, FM No. 436416-1-54-01, IRC -1325
Recommended Action: Staff recommends the project be awarded to Timothy Rose Contracting, Inc. in the
amount of $7,330,842.90. Staff further recommends the Board approve the sample
agreement and authorize the Chairman to execute said agreement after review and
approval of both the agreement and required Public Construction Bond by the
County Attorney as to form and legal sufficiency, and the receipt and approval of
required insurance by the Risk Manager.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
8.F. 20-1611 Change Order No. I and Payment for Demolition of 1200 37th Street (IRC -2012)
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
Recommended Action: Staff recommends approval of Change Order No. 1 and payment of South Florida
Building, Inc. Invoice No. 2057 in the amount of $54,743.00 for payment of the
demolition of 1200 37th Street.
Attachments: Staff Report
South Florida Building, Inc. Invoice N0. 2057
Change Order No. 1
Approved staffs recommendation
8.G. 20-1609 Resolution Authorizing the Community Development Department Director, On
Behalf of the Indian River Board of County Commissioners, to Execute
Single -Family Affordable Housing Impact Fee Waiver/Reduction Agreements and
Request for Approval of a Proposed Template Affordable Housing Impact Fee
Waiver/Reduction Agreement
Recommended Action: Staff recommends that the Board of County Commissioners: 1. Adopt the
Proposed Resolution Authorizing the Community Development Department
Director, On Behalf of the Indian River Board of County Commissioners, to
Execute Single -Family Affordable Housing Impact Fee Waiver/Reduction
Agreements together with the Proposed Affordable Housing Impact Fee
Waiver/Reduction Agreement, in substantially the form attached to the resolution;
and 2. Authorize County staff to prepare and utilize appropriate affordable
housing impact fee waiver/reduction application paperwork and related documents
including income certification form(s).
Attachments: Staff Report
Proposed Resolution
Proposed Agreement
Approved staffs recommendation and Resolution 2020-049, authorizing the County
Community Development Department Director, on behalf of the Indian River County
Board of County Commissioners, to execute Single Family Affordable Housing
Impact Fee Waiver/Reduction Agreements.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
County Attorney Dylan Reingold read the Public Hearing Notices into the
record.
10.C.1. 20-1570 Public Notice of Public Hearing Scheduled for June 16, 2020 Concerning
Extension of Temporary Moratorium Regarding Biosolids - Legislative
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
Recommended Action: None required
Attachments: Staff Report
No Action Taken or Required
10.C.2. 20-1618 Public Notice of Public Hearing Scheduled for June 16, 2020 to Consider an
Application for a Class "E1" Certificate of Public Convenience and Necessity
by iTransit, LLC - ADMINISTRATIVE
Attachments: Staff Report
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. 20-1603 Consideration of Holding A Referendum to Renew the County Economic
Development Ad Valorem Tax Exemption (Tax Abatement) Program
Recommended action: Staff and the EDC recommends that the Board of County Commissioners move
forward with a referendum requesting that the Tax Abatement program be
renewed for another ten years. Staff also recommends that the Board direct the
County Attorney's Office to draft an ordinance that a) includes ballot language
for a voter referendum in November 2020 to renew the Tax Abatement Program
for another ten years; and b) modifies Title XI of the Indian River County Code
of Ordinances to extend the Tax Abatement Program should it be renewed for
another 10 years.
Attachments: Staff Report
FS 196.1995
List of Target Industries
INEOS Summary of Taxes
Advantages of Tax Abatements
Changes to Tax Abatement Statute Since 2010
Tax Abatement Application
Long -Range Planning Chief Bill Schutt referred to staffs memorandum dated
May 28, 2020, in his request for consideration of a 10 -year renewal referendum
to grant qualifying businesses with Economic Development Ad Valorem Tax
exemptions (Tax Abatements). He used a PowerPoint presentation to highlight
the Tax Abatement purpose, eligible businesses, targeted industries, past use,
and the potential future uses of the Tax Abatement program. Chief Schutt also
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
provided the advantages and disadvantages of the Tax Abatement program, and
he indicated that the current program would expire on November 2, 2020.
Commissioner O'Bryan stated that he was contacted by Dori Stone,
representing the Indian River County Chamber of Commerce, and she spoke in
full support of the referendum.
Commissioner Solari discussed the State's involvement in the program where it
related to exportation, and it was his opinion that a subsidy was a gift. He and
Chairman Adams spoke in favor of making the new Tax Abatement application
process simple, clear and easy, in order to encourage companies to apply.
Commissioner Zorc inquired about the Tax Abatement qualifications for a
business owner interested in opening a new operation in an existing structure.
Chief Schutt stated that establishing at least 10 new, full-time jobs was a
requirement of the Tax Abatement Statute. County Attorney Dylan Reingold
offered additional clarification.
Bill Penney, President and CEO of Marine Bank and Trust, spoke in support of
the renewal referendum for the Tax Abatement program.
Commissioner O'Bryan took the opportunity to thank Mr. Penney and his staff
for working tirelessly to process Small Business Administration (SBA) loans.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc,
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
B. Emergency Services
12.8.1. 20-1601 Approval of Change Order No. 2 for Radio System P25 Migration Project
Recommended Action: Staff recommends the Board approve this budget transfer and also approve the
change order with Communications International Inc. for this project.
Attachments: Staff Report
New Tower Site Quote
There was no discussion on this item.
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Solari, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 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 June 9, 2020
12.13.2. 20-1605 Signing of Work Order No. 5 for Radio System P25 Migration Project
Recommended Action: Staff recommends the Board approve Work Order No. 5 with Communications
International Inc. and authorize the Chairman to execute the agreement.
Attachments: Staff Report
1325- Work Order 5
P25 Stage 5 Quote
There was no discussion on this item.
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Solari, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
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
14. COMMISSIONERS MATTERS
A. Commissioner Susan Adams, Chairman
B. Commissioner Joseph E. Flescher, Vice Chairman
C. Commissioner Tim Zorc
14.C.1. 20-1617 Discussion on Postponing Increases to Title X, Impact Fees, due to Economic
Hardships of the Coronavirus
Recommended Action: Discuss
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
Attachments: Commissioner's Memorandum
Background Slide
Commissioner Zorc spoke on the economic uncertainty brought about by
COVID-19 when he requested postponing the Title X Impact Fee increases,
with the exception of the fee reduction related to affordable housing, for a
minimum of six (6) months to give staff an opportunity to see the related
effects.
A motion was made by Commissioner Zorc, to postpone the Title X Impact Fee
increases with the exception of the fee reductions related to affordable housing
for a period of six (6) months to give staff an opportunity to see the effects of the
economic uncertainty related to COVID-19. The motion died for lack of a
second.
Commissioner Zorc referred to a contract impairment process that was used
approximately 15 years prior, to determine the impact fees on new homes. The
County Attorney's office had reviewed the contracts to determine the impact
fees, based on the date the contract was signed rather than the date the permit
was pulled. The Commissioner felt that staff should again implement the
process.
Commissioner O'Bryan was in favor of staff implementing the verification
process if it would be a savings to the homeowner, and he requested feedback
from staff. County Administrator Jason Brown, Deputy County Attorney Bill
DeBraal, and County Attorney Dylan Reingold added comments and
clarification; Community Development Director Phil Matson confirmed that the
impact fee increases would be minimal on the residential side.
Commissioner Solari handed out a copy of an article from the Wall Street
Journal, published June 6, 2020, titled "Pent -Up Demand Lifts May New Home
Sales 21%, Survey Finds." He was not supportive of Commissioner Zorc's
request to interfere with the increase of impact fees.
A motion was made by Commissioner Zorc, seconded by Commissioner O'Bryan,
to direct staff to implement a contract impairment process for verifying and
accepting the impact fees to be collected on new contracts that were signed prior
to the effective date of the impact fee increases. Following discussion,
Commissioner O'Bryan rescinded his second. The motion died for lack of a
second.
D. Commissioner Peter D. O'Bryan
E. Commissioner Bob Solari
F. Commissioners Open Dialogue
14.F.1. 20-1616 Commissioners Open Dialogue
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
Recommended Action: Informational Only
Attachments: Memorandum
Chairman Adams mentioned her involvement with the 2020 Census, and she
reminded the public to complete their forms if they had not already done so.
Vice Chairman Flescher acknowledged the work done by County Administrator
Jason Brown and Public Works Director Rich Szpyrka as he noted the effective
use of impact fees for infrastructure.
Commissioner Solari provided his fellow Commissioners with a history lesson
about federalism, and he related it to Florida's stay-at-home order.
Commissioner O'Bryan spoke about the increase in positive cases of
COVID-19 in Indian River County, and he also provided the statistics for St.
Lucie and Martin Counties.
Commissioner Zorc shared his concern related to the economy.
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
(Clerk's Note: The Emergency Services District items were heard following Item
8. Consent Agenda, and are placed here for continuity.)
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.
15.A.1. 20-1622 Approval of Minutes Meeting of February 18, 2020
Recommended Action: Approve
Attachments: 02182020ESD Draft
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman
Flescher, to approve the Emergency Services District Meeting Minutes of
February 18, 2020. The motion carried by the following vote:
Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
15.A.2. 20-1626 Purchase of Parcel of Property for New Location of Station 7
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
Recommended action: Staff recommends the Board approve the Commercial Contract to purchase the
1.99 acres from Vero West for the amount of $430,000 with the existing
contract contingencies and authorize the Chairman to sign on behalf of the
Board.
Attachments: Staff Report
Commercial Contract
Commissioner Zorc discussed site improvements that would be necessary for
the parcel of land at 1855 98th Avenue. He recommended directing Public
Works Director Rich Szpyrka to return to the Board during the due -diligence
period with an estimate of the site -improvement costs. County Attorney Dylan
Reingold clarified that the 15 -day due -diligence period, stated in the
Commercial Contract, would give the buyer the opportunity to decide if the
property would be suitable for their needs.
Commissioner Zorc then mentioned that the property was sold to the current
owner in March of 2020. Emergency Services Director Tad Stone stated that
he had looked at the property when the parcel was on the market previously, but
there was not access to 18th Street, as the access easement was not available to
be purchased at the time. County Administrator Jason Brown provided
background related to the prior sale of the property. He made mention that
water and sewer were readily available at the location being discussed, and he
spoke in favor of the purchase.
Discussion ensued among Commissioner O'Bryan, Commissioner Zorc, and
Chief Stone related to the limited availability of parcels of land in the area.
Commissioner O'Bryan did not feel it was necessary to direct staff to return
with site -improvement costs prior to the close of the due -diligence period.
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
The Board of Commissioners of the Emergency Services District adjourned and
reconvened as the Board of County Commissioners, and the regular meeting
resumed with Item 10.C. Public Notice Items.
B. Solid Waste Disposal District
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
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 Vice Chairman
Flescher, to approve the Solid Waste Disposal District Meeting Minutes of
January 21, 2020, February 11, 2020, and February 18, 2020. 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. 20-1575 Approval of Meeting Minutes January 21, 2020
Recommended Action: Approve
Attachments: 01212020SWDD Draft
Approved
15.B.2. 20-1584 Approval of Minutes Meeting of February 11, 2020
Recommended Action: Approve
Attachments: 02112020SWDD Draft
Approved
15.6.3. 20-1620 Approval of Minutes Meeting of February 18, 2020
Recommended Action: Approve
Attachments: 02182020SWDD Draft
Approved
15.6.4. 20-1615 Request to Purchase Enviro-Blocks from Inter -Block Retaining Systems, Inc.
Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that its Board
approve the following: a) Waive the requirement for bids for the purchase and
installation of the Enviro-Block units from Inter -Block Retaining Systems in
the total amount of $246,165.00; and, b) Authorize the Purchasing Manager to
issue a purchase order to Inter -Block Retaining Systems for this project, after
receipt and approval of the required vendor insurance
Attachments: Staff Report
Proposal from Inter -Block Retaining Systems Inc
There was no discussion on this item.
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Board of County Commissioners Meeting Minutes - Final June 9, 2020
A motion was made by Commissioner Solari, seconded by Commissioner Zorc,
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, the Chairman adjourned the meeting at 10:12 a.m.
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Board of County Commissioners Meeting Minutes — Final
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Ij
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Clerk of Circuit Court and Comptroller
By: �AAU) Approved
eputy Clerk
BCC/RDZ/2020 Minutes
Chairman
August 18, 2020
June 9, 2020
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