HomeMy WebLinkAbout09/15/2020 (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, September 15, 2020
9:00 AM
Commission Chambers
This meeting can be attended virtually via Zoom. 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 September 15, 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
Pastor Jim Gallagher, Calvary Chapel of Vero Beach
In Pastor Jim Gallagher's absence, Chairman Adams offered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher, Vice -Chairman
Chairman Adams announced that the meeting was available for public
viewing through Zoom and YouTube Live, and she provided instructions for
virtual and telephone participation.
County Attorney Dylan Reingold read the County's social media policy and
the procedures to be followed during the public hearings, noting that
individuals would be limited to three (3) minutes to provide their
comments.
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Agenda as presented. The motion carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
5. PROCLAMATIONS and PRESENTATIONS
5.A. 20-1877 Presentation of Proclamation Designating September, 2020 As Suicide Awareness
Month
Recommended Action: Recommend Read and Present
Attachments: Proclamation
Chairman Adams read and presented the Proclamation to Major Milo Thornton of
the Indian River County Sheriff s Office and a Board Director for New Horizons of
Indian River County Florida Page 1
Board of County Commissioners Meeting Minutes - Final September 15, 2020
the Treasure Coast and Okeechobee.
Colleen Phillips, Community Relations Specialist with 211 Helpline, addressed the
Commissioners via Zoom to provide statistics related to crisis support and to thank
the Commissioners for their continued support.
Read and Presented
6. APPROVAL OF MINUTES
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to
approve the Regular Meeting Minutes of June 23, 2020, and July 7, 2020, as written.
The motion carried by the following vote:
Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
6.A. 20-1901 Regular Meeting of June 23, 2020
Recommended Action: Approve
Attachments: 0623202OBCC Granicus
Approved
6.B. 20-1935 Regular Meeting Minutes of July 7, 2020
Recommended Action: Approve
Attachments: 0707202OBCC Granicus
Approved
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 20-1876 Notice from the City of Sebastian regarding Ordinance 0-19-04, Notice of
Annexation of 1,118 Acres, a copy of the Ordinance with a map and legal
description of the property is on file for review in the Office of the Clerk to the
Board.
Recommended Action: No action taken or required
Attachments: City of Sebastian Letter
No Action Taken or Required
7.B. 20-1900 Order PSC -2020 -0293 -AS -EI approving settlement agreements submitted by GPC,
FPL, Duke Energy and TECO and final order approving TECO's motion to approve
revised tariff; Dockets 20200067, 20200069, 20200070 and 20200071 to be closed;
Docket 20200092 -EI to remain open, is on file with the Clerk to the Board.
Indian River County Florida Page 2
Board of County Commissioners Meeting Minutes - Final September 15, 2020
Recommended Action: Information Only
No Action Taken or Required
7.C. 20-1929 Update on Brightline Trains Expenses
Recommended Action: No Action Required
Attachments: Staff Report
Brightline Trains Expenses
No Action Taken or Required
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. 20-1878 Checks and Electronic Payments August 7, 2020 to August 13, 2020
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of August 7, 2020 to August 13, 2020
Attachments: Finance Department Staff Report
Approved
8.B. 20-1880 Quarterly Investment Report for the Quarter Ending 06/30/2020
Recommended Action: Accept the report
Attachments: Investment Committee Report
Accepted
8.C. 20-1881 Quarterly OPEB Trust Report for the Quarter Ending 06/30/2020
Recommended Action: Accept the report
Attachments: Investment Committee OPEB Report
Accepted
8.D. 20-1882 Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/2020
Recommended Action: Accept the report
Indian River County Florida Page 3
Board of County Commissioners Meeting Minutes - Final September 15, 2020
Attachments: Tourist Development Tax Quarterly Report
Accepted
8.E. 20-1883 Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education
Program Trust Fund Report - Cumulative Reporting Through 06/30/2020
Recommended Action: Accept the report
Attachments: Traffic Education Fund Staff Report
Accepted
8.F. 20-1884 Checks and Electronic Payments August 14, 2020 to August 20, 2020
Recommended Action: Approve the list of checks and electronic payments, issued by the Comptroller's
office, for the time period of August 14, 2020 to August 20, 2020
Attachments: Finance Department Staff Report
Approved
8.G. 20-1890 Checks and Electronic Payments August 21, 2020 to August 27, 2020
Recommended Action: Approve the list of checks and electronic payments, issued by the Comptroller's
office, for the time period of August 21, 2020 to August 27, 2020
Attachments: Finance Department Staff Report
Approved
8.H. 20-1917 Checks and Electronic Payments August 28, 2020 to September 3, 2020
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of August 28, 2020 to September 3, 2020
Attachments: Finance Department Staff Report
Approved
8.1. 20-1827 Award of Bid 2020049 for Data Flow System Antenna and Tower Replacement
Recommended Action: Staff recommends the Board award bid 2020049 to Boromei Construction, Inc.
Staff also recommends the Board approve the Sample Agreement and authorize the
Chairman to sign it after receipt and approval of the required bond and insurance,
the County Attorney's approval of the agreement as to form and legal sufficiency,
and after the contractor has become registered with the Building Division.
Indian River County Florida Page 4
Board of County Commissioners Meeting Minutes - Final
Attachments: Staff Report
Expert Protest Memo
Response to Expert Protest
Sample Agreement
September 15, 2020
Commissioner Solari clarified that bid #2020049 was recommended to be awarded
to Boromei Construction, Inc. due to a completion date approximately 90 -days
sooner than that of Expert Construction Managers, Inc., thereby saving taxpayer
dollars.
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
8.J. 20-1885 2020/2021 State/County Contract Indian River County Health Department
Recommended Action: Staff recommends the Board approve and authorize the Chairman to execute the
contract.
Attachments: Staff Report
Health Dept Contract Cover Letter
Health Dept Contract
Health Dept Contract Attachments
Approved staffs recommendation
8.K. 20-1891 Miscellaneous Budget Amendment 009
Recommended Action: Staff recommends that the Board of County Commissioners approve the budget
resolution amending the fiscal year 2019/2020 budget.
Attachments: Staff Report
Exhibit "A"
Budget Resolution
Approved staffs recommendation and Resolution 2020-065, delegating authority to
the County Administrator, the Assistant County Administrator or the Director of the
Office of Management & Budget or their designee to execute all documents
necessary to amend the Fiscal Year 2019-2020 budget during the period commencing
November 10, 2020, through and including November 29, 2020.
8.L. 20-1909 Ratification of Professional Services Agreement with SteepSteel, LLC
Recommended Action: Staff recommends the Board ratify the execution of the Professional Services
Agreement with Steep Steel, LLC and authorize the Chairman to fully execute it.
Indian River County Florida Page 5
Board of County Commissioners Meeting Minutes - Final
Attachments: Staff Report
Professional Services Agreement with Steep Steel, LLC
Approved staffs recommendation
September 15, 2020
8.M. 20-1872 Approval of 2020/2021 State Funded Subgrant Agreement (T0097) To Update
Indian River County's Hazards Analysis
Recommended Action: Staff recommends approval of this agreement and acceptance of the funding
provided in the agreement.
Attachments: Staff Report
Grant Form
Hazards Analysis State -Funded Grant Agreement Draft
Approved staffs recommendation and Resolution 2020-066, adopting a
comprehensive emergency management plan for Indian River County.
8.N. 20-1875 Renewal of Lease Agreement 2601 51 st Avenue, Vero Beach, FL 32966 Tenants:
Nick Pappas and Ember Pappas
Recommended Action: Staff recommends the Board approve the Renewal of Lease Agreement for the
property located at 2601 51st Avenue, Vero Beach, FL 32966, and authorize the
Chairman to execute the Renewal of Lease Agreement on behalf of the Board.
Attachments: Staff Report
Renewal of Lease Agreement
Approved staffs recommendation
8.0. 20-1902 Right -of -Way Purchase - 58th Avenue/37th Street Intersection 5780 36th Lane,
Vero Beach, FL 32966 Owners: Jennifer L. Schoenfeld and Heath Schoenfeld
Recommended Action: Staff recommends the Board approve the Purchase Agreement in the amount of
$2,000.00 for the purchase of 0.018 acre property located at 5780 36th Lane, Vero
Beach, FL 32966, and authorize the Chairman to execute the purchase agreement
on behalf of the Board.
Attachments: Staff Report
Purchase Agreement
Approved staffs recommendation
Indian River County Florida Page 6
Board of County Commissioners Meeting Minutes - Final September 15, 2020
8.P. 20-1915 Right -of -Way Purchase - 58th Avenue/37th Street Intersection 3745 58th Avenue,
Vero Beach, FL 32966 Owners: Wayne C. McClain and Nancy A. McClain
Recommended Action: Staff recommends the Board approve the Purchase Agreement in the amount of
$6,500.00 for the purchase of 0.042 acre property located at 3745 58th Avenue,
Vero Beach, FL 32966, and authorize the Chairman to execute the purchase
agreement on behalf of the Board.
Attachments: Staff Report
Purchase Agreement
Approved staffs recommendation
8.Q. 20-1916 FDOT Amendment Number Two to County Incentive Grant Program (CIGP)
Agreement FM No. 431759-2-54-01 and Resolution Authorizing the Chairman's
Signature for the Construction of Intersection Improvements at SR -60 and 43rd
Avenue, IRC -0853
Recommended Action: Staff recommends the Board of County Commissioners approve Amendment
Number Two to CIGP Agreement FM No. 431759-2-54-01 and Resolution and
authorize the Chairman to execute the same.
Attachments: Staff Report
Authorizing Resolution
Amendment 2 to CIGP Agreement
Approved staffs recommendation and Resolution 2020-067, authorizing the
Chairman's execution of Amendment Number Two to County Incentive Grant
Program Agreement FM Number 431759-2-54-01 with the Florida Department of
Transportation for construction and construction engineering inspection services for
intersection improvements at State Road 60 and 43rd Avenue.
8.R. 20-1922 Carter & Associates, Inc. Work Order Number 3 - South Prong Preserve Design &
Engineering Services
Recommended Action: Staff recommends the Board accept Work Order Number 3 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 the Work Order on their behalf for a lump sum
amount of $89,555.00 upon approval by the County Attorney as to form and legal
sufficiency.
Attachments: Staff Report
WORK ORDER 3 -Carter Associates, Inc
Scope of Services
Approved staffs recommendation
Indian River County Florida Page 7
Board of County Commissioners Meeting Minutes - Final September 15, 2020
8.S. 20-1919 DiVosta Homes, LP's Request for Final Plat Approval for a Subdivision to be
known as Magnolia Court at Waterway Village PD Phase 2 [PD -13-03-03 /
2004010124-86812]
Recommended Action: Staff recommends that the Board of County Commissioners grant final plat
approval for Magnolia Court at Waterway Village PD Phase 2.
Attachments: Staff Report
Location Map
Final Plat Layout
Approved staffs recommendation
8.T. 20-1920 Acceptance of a Florida Department of Environmental Protection (FDEP) FY
2020-2021 Florida Resilient Coastlines Program (FRCP) Resilience Planning Grant
(RPG)
Recommended Action: Staff recommends that the Board of County Commissioners approve the Grant Agreement
with the Florida Department of Environmental Protection for the Resilience Planning Grant
(RPG), and authorize the Chairman to execute the Standard Grant Agreement.
Attachments: Staff Report
Table of FY 20-21 RPG Grant Awards
Grant Form Budget
Approved staff's recommendation
8.U. 20-1921 Amendment No. 5 to Agreement for Professional Services with Bowman
Consulting Group, Ltd., 58th Avenue Reclamation 57th Street to 85th Street
Recommended Action: Staff recommends the Board of County Commissioners (BCC) approve
Amendment No. 5 for a lump sum fee of $1,650.00, and requests the BCC
authorize the Chairman to execute Amendment No. 5 on their behalf
Attachments: Staff Report
Amendment No 5 with Bowman Consulting Group
Approved staffs recommendation
8.V. 20-1925 Award of Bid #2020051, Annual Bid to Furnish and Deliver Polymer
Recommended Action: The staff of Indian River County Department of Utility Services recommends that
the Board of County Commissioners award Bid #2020051 toPolydyne,Inc., and
authorize the Purchasing Division to issue purchase orders, and to renew the bid for
two additional one-year periods at the same terms and pricing.
Indian River County Florida Page 8
Board of County Commissioners Meeting Minutes - Final September 15, 2020
Attachments: Staff Report
Approved staffs recommendation
8.W. 20-1934 Ratification of Cash Deposit and Escrow Agreement with regard to Blue Goose
Construction LLC's Guarantee to Complete 16 -Inch Valve Replacement Along U.S.
Highway 1 Near 65th Street under Continuing Contract Agreement
Recommended Action: Approve and ratify the Cash Deposit and Escrow Agreement with regard to the
posting of guaranty security for the 16 -inch valve replacement along U.S. Highway
1 near 65th Street by Blue Goose Construction LLC.
Attachments: Staff Report
Cash Deposit and Escrow Agreement
Approved staff's recommendation
8.X. 20-1937 Ratification of Amendment to Cash Deposit and Escrow Agreement re Increase in
Posted Security for Fourth Phase Restoration - Wild Turkey Sand Mine
Recommended Action: Approve and ratify the Amended Cash Deposit and Escrow Agreement with regard
to the posting of additional monies for the fourth phase restoration for Wild Turkey
Sand Mine.
Attachments: Staff Report
Amendment to Cash Deposit and Escrow Agreement
Approved staff's recommendation
8.Y. 20-1938 Ratification of Emergency PO (86941) to Trane U.S. Inc. for Courthouse A/C
Chilled Water Air Handler Refurbishment
Recommended Action Staff recommends the Board of County Commissioners ratify the issue of PO
86941 to Trane U.S.., Inc. for $83,530. Staff also recommends the Board authorize
the County Administrator to authorize a change order up to $10,000 to cover
unanticipated costs that may be identified during the refurbishment and determined
necessary by the Public Works Director.
Attachments: Staff Report
PO 86941
TRANE Quote
Approved staff's recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
Indian River County Florida Page 9
Board of County Commissioners Meeting Minutes - Final September 15, 2020
9.A. 20-1914 Indian River County Supervisor of Elections Leslie Swan re: to seek approval to
roll the revenues received from conducting the September 15, 2020 City of
Sebastian Recall Elections back into the Supervisor of Elections 2019/2020 budget
Recommended action: Approve request to roll $41,100 into the Supervisor of Elections 2019/2020 budget.
Attachments: Municipal Recall Election Reimbursement -Supervisor of Elections
Supervisor of Elections Leslie R. Swan was present for her request. She thanked
County Attorney Dylan Reingold for his assistance.
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve a request to roll the $41,100 revenue received from the City of Sebastian
Recall Election into the Supervisor of Elections, 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
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10.A.1. 20-1871 Face Covering Ordinance
Recommended action: The County Attorney's Office recommends that after the public hearing the
Indian River County Board of County Commissioners vote to approve the draft
proposed ordinance.
Attachments Staff Report
Draft Face Covering Ordinance
County Attorney Dylan Reingold gave a recap of the July 14, 2020
Board -adopted Face Covering Ordinance. He stated that the newly -drafted
ordinance mirrored the previous ordinance with some minor changes to Section
2.6. Exceptions, related to social distancing, and that the proposed
expiration/sunset date was November 17, 2020.
County Administrator Jason Brown followed up, speaking in support of the
Board adopting the proposed ordinance. He reiterated that it was not a full
mask mandate, but an extension of the ordinance that had been adopted 60 days
prior.
Chairman Adams received confirmation from Administrator Brown that there
was nothing written in the proposed ordinance that would affect the School
District of Indian River County.
Indian River County Florida Page 10
Board of County Commissioners Meeting Minutes - Final September 15, 2020
Health Officer Miranda Hawker, Florida Department of Health in Indian River
County, utilized a PowerPoint presentation to provide the current, detailed data
related to COVID-19.
Commissioner Solari voiced his frustrations related to limited scientific data
and facts from both sides of the mask -wearing topic and from the Centers for
Disease Control and Prevention (CDC). Ms. Hawker responded that she had
provided public health facts from the Morbidity and Mortality Weekly Report,
and that it was her job to urge individuals to wear a mask due to a Public Health
Advisory from the State Surgeon General. Commissioner Solari then spoke on
the possible dangers related to wearing a mask.
Chairman Adams reminded her fellow Commissioners and the public of the
proposed ordinance specifications.
Ms. Hawker then responded to Commissioner Zorc's questions related to
missing COVID-19 tests, testing and repeat testing, false -positive testing data,
test magnifications, and the goal or situation that would allow residents to
return to normal. In her response, Ms. Hawker confirmed that the Department
of Health received their test data by way of electronic lab results or direct
reporting, per legal requirements.
Barbara Progulske, Epidemiologist, Florida Department of Health in Indian
River County, assisted Ms. Hawker in explaining the different COVID-19 tests
being used in the County.
Vice Chairman Flescher addressed the possible inaccurate information that had
caused fear to be felt throughout the community.
Commissioner O'Bryan discussed how droplets were being transferred via
aerosols, his opinion that wearing a mask was the best way to protect one
another, and he utilized a PowerPoint presentation to go over the confirmed
COVID-19 cases by the week. In addition, he offered a suggestion that the
Board adopt the proposed ordinance for a period of six (6) months.
The Chairman called for a recess at 10:12 a.m., and reconvened the meeting at
10:20 a.m., with all members present.
Chairman Adams reminded the public, those present and attending virtually or
via telephone, of the procedures to be followed; she then opened the public
hearing.
Indian River County Florida Page 11
Board of County Commissioners Meeting Minutes - Final September 15, 2020
The following residents spoke against the Face Covering Ordinance:
Carolyn Kleinpeter, 885 10th Court
No name given
Tammy Bogart, 176 16th Avenue
Kerri Wilson, 226 16th Avenue
Nathan Sweigard, 8146 25th Street
Sandy Campiglia, 3005 65th Drive, Unit #104
Tracy Borcheller, 6320 Salmon Place
Nicole Campanelli, 1245 33rd Avenue SW
Jennifer Pippin, 2616 52nd Avenue
Dawn Wilkerson, 1405 33rd Avenue
Patrick Grall, 3000 82nd Avenue
Kris Allen
Charlotte Orsino
Richard Allen
James Slater, 8775 20th Street
Ruth Kuvlesky, 309 Tunison Lane, Sebastian
The following individuals spoke in support of the Face Covering Ordinance:
Tess Whelan, 5192 Formosa Circle
No name given
The Chairman invited comments from the public who were present via
YouTube Live, Zoom, and the telephone; there were none.
Chairman Adams closed the public hearing.
Each member of the Board addressed the face covering requirements.
Chairman Adams added that the City of Fellsmere had extended their mask
ordinance until November 6, 2020.
Administrator Brown confirmed that the County had made accommodations for
individuals doing business with County offices who could not or wished not to
wear a mask.
A motion was made by Commissioner Solari, seconded by Chairman Adams, to
adopt Ordinance 2020-010, providing for adoption of recitals; providing for face
covering requirements and exceptions; providing for penalties and enforcement;
providing for applicability, severability, conflict, sunset date and an effective date.
The motion carried by the following vote:
Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
B. PUBLIC DISCUSSION ITEMS
Indian River County Florida Page 12
Board of County Commissioners Meeting Minutes - Final September 15, 2020
Chairman Adams called for a recess at 11:35 a.m., and reconvened the meeting
at 11:44 a.m., with all members present.
C. PUBLIC NOTICE ITEMS
County Attorney Dylan Reingold read the Public Hearing Notices into the
record.
10.C.1. 20-1888 Notice of Public Hearing Scheduled for September 22, 2020 to Consider the
Adoption of an Ordinance to Amend Chapter 102 of the Code of Indian River
County - LEGISLATIVE
Attachments: Staff Report
No Action Taken or Required
10.C.2. 20-1923 Notice of Scheduled Public Hearing for September 22, 2020 Board
Meeting - LEGISLATIVE
Recommended Action: The referenced public notice item is provided for the Board's information. No
action is needed at this time.
Attachments: Staff Report
PROVIDENCE POINTE VERO BEACH LLC'S REQUEST TO EXTEND
THE ZONING REVERTER DEADLINE FOR PROVIDENCE POINTE
PDTND [PD -13-04-01 & AA -20-05-64 / 2004110179-865791
County Attorney Dylan Reingold and Community Development Director Phil
Matson offered clarification to Commissioner Zorc, who had inquired about the
zoning reverter extension.
No Action Taken or Required
10.C.3. 20-1932 Public Notice - Public Hearing - LEGISLATIVE
Attachments: Staff Report
RENTAL ASSISTANCE DEPARTMENT - HOUSING CHOICE VOUCHER
(SECTION 8) PROGRAM'S FIVE YEAR AND ANNUAL YEAR PLAN FY
2021-2025, Public Hearing Scheduled for September 22, 2020
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
Indian River County Florida Page 13
Board of County Commissioners Meeting Minutes - Final September 15, 2020
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. 20-1933 Resolution of Necessity for a Temporary Construction Easement Located at 6600
65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani
Recommended Action: Staff recommends that the Board approve the Resolution of Necessity and authorize
staff to proceed with the necessary acquisition of the Temporary Construction
Easement for Parcel 105 through the County's power of eminent domain.
Attachments: Staff Report
Proposed Resolution with Sketch and Description
Deputy County Attorney William DeBraal discussed the necessity of a Temporary
Construction Easement (TCE), stating that a review of the construction plans for
improving and reconstructing 66th Avenue revealed that the TCE at 6600 65th
Avenue could be reduced from a 25 -foot easement to a 15 -foot easement.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to
approve staffs recommendation and Resolution 2020-068, declaring a reasonable
necessity to acquire a certain temporary construction easement interest in real
property for the purposes of improving and reconstructing 66th Avenue, including
side street, intersection, sidewalk and water retention pond improvements;
authorizing the County Attorney to acquire the attached properties by the institution
of proceeding in eminent domain, and providing an effective date. The motion
carried by the following vote:
Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner
O'Bryan, and Commissioner Solari
Indian River County Florida Page 14
Board of County Commissioners Meeting Minutes - Final September 15, 2020
13.B. 20-1931 Unconditional Offer for a Temporary Construction Easement Located at 6600 65th
Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani
Recommended Action: Staff recommends the Board approve an unconditional offer to purchase the
necessary temporary construction easement from the Sadhwanis at a price of
$500.00.
Attachments: Staff Report
Deputy County Attorney William DeBraal explained the low unconditional offer of
$500 to Harish and Deepti Sadhwani for the Temporary Construction Easement
(TCE) at 6600 65th Street. He stated that the TCE would be needed for
approximately two (2) years and would expire and revert back to the property
owners upon completion of the planned improvements to 66th Avenue.
Commissioner O'Bryan suggested increasing the offer to $1500; however, his
fellow commissioners were not supportive of the increase.
A motion was made by Commissioner Solari, seconded by Vice Chairman Flescher,
to approve staff's 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. 20-1939 Acquisition of Right -Of -Way Parcel 109 for Phase III of 66th Avenue
Improvements from Christine and Billy Jackson, 6805 66th Avenue
Recommended action: Staff recommends the Board approve conveying the adjacent property to the
Jacksons, approve the mediation agreement to purchase the 0.48 -acre Jackson
property for $220,000 with the stated conditions, approve costs incurred by the
Jacksons of $19,540 and approve the settlement of attorney's fees of $48,000 and
authorize the Chairman to execute the Pre -Suit Mediation Settlement Agreement on
behalf of the Board.
Attachments: Staff Report
Pre -Suit Mediation Settlement Agreement
Deputy County Attorney William DeBraal referred to staffs memorandum dated
September 9, 2020, as he presented the property details and terms of purchase for
6805 66th Avenue, owned by Christine and Billy Jackson.
Commissioner O'Bryan pointed out the inflated costs associated with the parcel of
land, stating that he was not supportive of the purchase.
Indian River County Florida Page 15
Board of County Commissioners Meeting Minutes - Final September 15, 2020
Commissioner Zorc inquired on the status of Phase II of the 66th Avenue road
improvement project. Public Works Director Rich Szpyrka responded that Phase II
was scheduled to begin 18 months after the Phase I construction began, and he
confirmed that there were nine (9) remaining parcels to obtain.
Discussion ensued between Commissioner O'Bryan and Commissioner Zorc
regarding the high dollar amounts being paid by the County to acquire land for road
improvements.
A motion was made by Commissioner Zorc, seconded by Chairman Adams, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner
Solari
Nay: 1 - Commissioner O'Bryan
14. COMMISSIONERS MATTERS
A. Commissioner Susan Adams, Chairman
B. Commissioner Joseph E. Flescher, Vice Chairman
C. Commissioner Tim Zorc
14.C.1. 20-1874 Discussion on Pine Tree Park Storm Water Drainage
Recommended Action: Discuss
Attachments: Commissioner's Memorandum
Commissioner Zorc discussed the ongoing drainage issues in Pine Tree Park
and his desire to find a solution that would improve the drainage flow.
Victor Regan, 6125 6th Place, addressed the Board regarding the drainage
problem in Pine Tree Park.
Commissioner Zorc mentioned the extensive work done 10-12 years ago in
Vero Lake Estates, with Chairman Adams pointing out that Vero Lake Estates
had a water management district.
Public Works Director Rich Szpyrka addressed Commissioner Zorc's comment
related to Vero Lake Estates, stating that the pipes between the stormwater
storage ponds were either cleaned or replaced with larger pipes to increase the
water flow, and that Pine Tree Park did not have the available parcels to convert
to stormwater storage. He also addressed Mr. Regan's concern about
pipes/culverts being replaced without the nearby homeowners being notified,
clarifying that the pipes/culverts were located near the canal, and staff felt that
Indian River County Florida Page 16
Board of County Commissioners Meeting Minutes - Final September 15, 2020
they needed replaced immediately to move the water into the canal more
rapidly._ Director Szpyrka confirmed that staff had been exploring ways to
improve the drainage in Sections 1-4 of Pine Tree Park without spending
money on an in depth drainage study.
Commissioner Zorc and Commissioner O'Bryan felt that the best option for the
Pine Tree Park community was to form a stormwater drainage district to
generate recurring funding for improvements as resources became available.
County Attorney Dylan Reingold agreed to assist County Administrator Jason
Brown and Director Szpyrka in compiling the necessary paperwork to form a
stormwater drainage district for the property owners in Pine Tree Park.
Referred to Staff
D. Commissioner Peter D. O'Bryan
E. Commissioner Bob Solari
F. Commissioners Open Dialogue
14.F.1. 20-1918 Commissioners Open Dialogue
Recommended Action: Informational Only
Attachments: Memorandum
Chairman Adams discussed that she and Commissioner O'Bryan had
participated in virtual legislative committee meetings with the Florida
Association of Counties (FAC).
Commissioner Solari spoke in support of law enforcement officers and their
families as he addressed problems with society.
Commissioner O'Bryan stated that he would have an update in the near future to
discuss proposed policies and recommendations from the FAC legislative
committee meetings.
Commissioner Zorc pointed out that October was designated as Childhood
Cancer Month and that the public could go to www.acco.org if they would like
to get involved.
No Action Taken or Required
15. SPECIAL DISTRICTS AND BOARDS
Indian River County Florida Page 17
Board of County Commissioners Meeting Minutes - Final September 15, 2020
A. Emergency Services District
The Board of County Commissioners reconvened as the Board of Commissioners
of the Solid Waste Disposal District. The minutes will be approved at an
upcoming Solid Waste Disposal District meeting.
B. Solid Waste Disposal District
15.B.1. 20-1936 Approval of Minutes Meeting July 7, 2020
Recommended Action: Approve
Attachments: 07072020SWDD Draft
A motion was made by Commissioner Solari, seconded by Commissioner
O'Bryan, to approve the Meeting Minutes of July 7, 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.2. 20-1926 Agreement with Republic Services for City of Palm Bay Recyclables
Recommended action: Solid Waste Disposal District (SWDD) staff recommends the SWDD Board
approve the Recyclables Transfer and/or Disposal Procurement Agreement with
Republic Services to bring recyclables from the City of Palm Bay to the Indian
River County Recycling Transfer Facility starting on October 1, 2020; and
authorize the Chair to execute the agreement and all other documents necessary
to effectuate the agreement, after review and approval by the County Attorney.
Attachments: Staff Report
Recyclables Agreement with Republic Services
Commissioner O'Bryan was concerned about the possibility of contaminated
recycling materials being brought into the County. He requested clarification
on the process involved to terminate the contract with Republic Services if
issues were to arise.
County Attorney Dylan Reingold stated that either party could terminate the
contract for any reason with a 180 -day written notice.
Discussion ensued with Director of Utility Services Vincent Burke and
Commissioner Zorc regarding contracts, costs, and contamination.
County Administrator Jason Brown felt the County was protected in the
proposed Recyclables Transfer and/or Disposal Procurement Agreement. He
added that Republic Services has been a valuable partner with the County.
Indian River County Florida Page 18
Board of County Commissioners Meeting Minutes - Final September 15, 2020
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
15.8.3. 20-1928 First Amendment to the Interlocal Agreement with St. Lucie County
Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that the SWDD
Board approve the First Amendment to the Interlocal Agreement for Recycling
Services with St. Lucie County; and authorize the Chair to execute the
Amendment after review and approval by the County Attorney and upon legal
review and approval of the Amendment by the St. Lucie County Board of
County Commissioners.
Attachments: Staff Report
First Amendment to Interlocal Agreement
Utility Services Director Vincent Burke stated that he had just been informed
that the proposed First Amendment to the Interlocal Agreement with St. Lucie
County had been approved by the St. Lucie County Board of County
Commissioners.
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
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, Chairman Adams adjourned the meeting at 12:31
p.m.
Indian River County Florida Page 19
Board of County Commissioners Meeting Minutes — Final
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: �&" d
Deputy Clerk
BCC/RDZ/2020 Minutes
September
���jY COAJ�j"• "
�..i •�-. SSS/OF .
Approved: November 10, 2020
Indian River County Florida Page 20