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HomeMy WebLinkAbout10/13/2020 (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, October 13, 2020 9:00 AM Commission Chambers This meeting can be attended virtually via Zoom. Instructions can be found 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 October 13, 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 Nichole Eastwood, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Chairman Susan Adams 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 voter Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 5. PROCLAMATIONS and PRESENTATIONS 5.A. 20-2035 Distinguished Service Award for Christine Kelly Begazo, Agriculture Agent & Director of OF IFAS Indian River County Extension Community Development Director Phil Matson announced the Distinguished Service Award recipient, Ms. Christine Kelly-Begazo, Agriculture Agent and Director, University of Florida Institute of Food and Agricultural Sciences (UF IFAS); Indian River County Extension Office, who was present before the Board. Dr. Anita Neal, District Director, OF IFAS, Southeast Extension Office; shared the many achievements and characteristics portrayed by Ms. Kelly-Begazo. Chairman Adams proudly presented Ms. Kelly-Begazo with the numerous Distinguished Service Awards she had earned, noting her recognition on the County, State, and National level. Commissioner O'Bryan and Vice Chairman Flescher thanked Ms. Kelly-Begazo for always assisting the Commissioners with a trustworthy and professional demeanor, and they congratulated her for all she had accomplished. Presented Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final October 13, 2020 53. 20-2018 Presentation of Proclamation Designating Sean Sexton As The Poet Laureate Of Indian River County, Florida Recommended Action: Recommend Read and Present Attachments: Proclamation Chairman Adams read and presented the Proclamation to Sean Sexton, also known as the Cowboy Poet, who was selected for a second tenure as the Poet Laureate of Indian River County. Louise Kennedy, Executive Director, Laura (Riding) Jackson Foundation, along with several members of the Laura (Riding) Jackson Foundation Board, were present with Mr. Sexton as he received the Proclamation. Mr. Sexton entertained the Board and the public with two (2) poems that he had written, This Land, and Yesterday Morning. Read and Presented 5.C. 20-1984 Presentation of Proclamation Recognizing October, 2020 as Vaping Awareness Month Recommended Action: Read and Present Attachments: Proclamation Commissioner Zorc read and presented the Proclamation to Phyllis Schneider and Carrie Lester of the Substance Awareness Center and the Tobacco Free Partnership of Indian River County, and to Kyleigh Savoie, Community Health Advocate of the QuitDoc Foundation and Facilitator of the Tobacco Free Partnership. Each spoke of their mission to bring awareness and to actively educate the youth on the dangers of vaping. Ms. Savoie also discussed tobacco retail licensing as a potential local solution that would involve monitoring and enforcing the laws related to underage tobacco sales. Read and Presented 5.D. 20-2048 Presentation by Indian River County Firefighters and Paramedics Local 2201 for Breast Cancer Awareness Month Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final October 13, 2020 On behalf of the Indian River County Firefighters and Paramedics, John O'Connor presented the Board with breast cancer awareness t -shirts in honor of Breast Cancer Awareness Month. He stated that in 2011, the Indian River County Fire Rescue formed a group called "Fire Girls" to generate funds to assist in the fight against breast cancer. Since then, the firefighters and paramedics have worn pink t -shirts during the month of October, and they have sold t -shirts at the Firefighter's Fair as a fundraiser to sponsor awareness events such as the Margo Donadio Memorial 5K and Women's Wellness Day, a day designated for residents without health insurance to get a free mammogram among other services. Chairman Adams thanked Mr. O'Connor for the t -shirts and for the great work being done to raise awareness for breast cancer. Presented 6. APPROVAL OF MINUTES 6.A. 20-2025 Regular Meeting of July 14, 2020 Recommended Action: Approve Attachments: 0714202OBCC Granicus A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Regular Meeting Minutes of July 14, 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 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 20-2028 Indian River County Poet Laureate Recommended Action: Informational Purposes Only Attachments: Commissioners Memo No Action Taken or Required 7.B. 20-2029 Sebastian River Improvement District Fiscal Year 2020/2021 Regular Board Meeting Schedule Recommended Action: Information Only Attachments: SRID schedule No Action Taken or Required Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final October 13, 2020 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.E. 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.. 20-2031 Checks and Electronic Payments September 18, 2020 to September 24, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 18, 2020 to September 24, 2020 Attachments: Finance Department Staff Report Approved 8.B. 20-2032 Checks and Electronic Payments September 25, 2020 to October 1, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of September 25, 2020 to October 1, 2020 Attachments: Finance Department Staff Report Approved 8.C. 20-2016 Renewal of Lease Agreement - 66th Avenue Project/Phase II 41505B 7125 66th Avenue, Vero Beach, FL 32967 Tenants: Paul Edward Thompson and Rennie Sue Thompson Recommended Action: Staff recommends the Board approve the Renewal of Lease Agreement for the property located at 7125 66th Avenue, Vero Beach, FL 32967, 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.D. 20-2034 Request for Floodplain Cut and Fill Balance Waiver for Environmental Learning Center (ELC) Education and Event Pavilion. Recommended Action:. Staff recommends approval of Alternative No. 1, Approve the cut and fill balance waiver request of 9,923 cubic feet (367.5 cubic yards) Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final October 13, 2020 Attachments: Staff Report Compensatory Waiver Letter Approved staff's recommendation 8.E. 20-2042 Request for Waiver of Interest on Demolition Lien - Estate of Glenn W. Legwen Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners waive the interest, so long as the lien of $7,989.84 is paid within 120 days and once paid, that the Board authorize the Chairman to execute the release of the lien. Attachments: Staff Report Release of Lien Commissioner O'Bryan presented the background related to the Waiver of Interest, making note that the owner, Mr. Glenn W. Legwen, had passed away and that his son, Mr. Walker Legwen, was interested in getting a clear title for the property at 5900 5th Street SW. Commissioner O'Bryan made a motion to reduce the interest portion of the demolition lien from $7,226.01 to $2,000. Attorney Michael J. Swan, Rossway Swan, was present with his client, Mr. Legwen, and they each addressed the Board regarding Mr. Legwen's intent to pay the amount due for the demolition portion of the lien, and to confirm that they would be addressing the Code Enforcement Board in the near future to. discuss the code enforcement fines. Discussion ensued among the Board and County Attorney Dylan Reingold. Commissioner O'Bryan amended his motion to reduce the interest amount due to $1500. Vice Chairman Flescher and Commissioner Zorc expressed support for staff s recommendation to waive the dollar amount for interest. Chairman Adams felt that reducing the interest portion to 10% was a fair policy to put in place when a demolition lien was being satisfied. Commissioner O'Bryan agreed that a formal policy would be helpful, and he again amended his motion. An amended motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve reducing the interest portion of the demolition lien at 5900 5th Street SW to 10% of the accrued amount. The motion carried by the following vote: Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 8.F. 20-2043 Developer's Agreement with GRBK GHO High Pointe, LLC Recommended Action: Staff recommends the Board of County Commissioners approve the Developer's Agreement between the County and GRBK GHO High Pointe, LLC for the High Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final October 13, 2020 Pointe project and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Staff Report High Pointe Developers Agreement 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 D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 20-2037 Acquisition of Right -Of -Way for Phase 11 of 66th Avenue Improvements - Kinchen Groves, Inc. - 66th Avenue, Parcel 124 Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Kinchen Groves, Inc. property and authorize the Chairman to execute the document on behalf of the Board. Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final October 13, 2020 Attachments: Staff Report Exhibit "A" (aerial) Exhibit "B" (Agreement to Purchase and Sell) Assistant County Attorney Susan Prado used a PowerPoint presentation while referring to staffs memorandum dated October 5, 2020, to update the Board on negotiations of a .52 acre parcel of land located at 7655 66th Avenue, which was needed for Phase II of the 66th Avenue Improvements. Commissioner O'Bryan referred to the aerial image from the PowerPoint presentation while discussing a policy regarding Murphy Reservation deed -restricted land. He then suggested that the Board reject the recommendation before them, and made a motion to offer the property owner, Kinchen Groves, Inc., a settlement equal to the appraised value of the property, plus an amount equal to the attorney and engineering fees. Commissioner Solari seconded the motion, which led to discussion among the Board. Commissioner Zorc sought and received County Attorney Dylan Reingold's opinion of the motion from a legal standpoint. Commissioner Solari withdrew his second, but was in favor of using the formula Commissioner O'Bryan had suggested for future land acquisition negotiations. Commissioner O'Bryan ultimately withdrew his motion. A motion was made by Commissioner Zorc, 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 Solari Nay: 1 - Commissioner O'Bryan 13.B. 20-2038 Acquisition of Right -Of -Way for Phase Il of 66th Avenue Improvements - Kinchen - 66th Avenue, Parcel 124-A Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate for the Kinchen property and authorize the Chairman to execute the document on behalf of the Board. Attachments: Staff Report Exhibit "A" (aerial) Exhibit "B" (Purchase and Sale Agreement) With the aid of a PowerPoint presentation and staffs memorandum dated October 5, 2020, Assistant County Attorney Susan Prado presented the.Board with details related to an acquisition of right-of-way at 7615 66th Avenue, a homestead parcel needed for Phase II of the 66th Avenue Improvements. Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final October 13, 2020 A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, 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 Chairman Adams called for a recess at 10:09 a.m., and reconvened the meeting at 10:18 a.m., with all members present. County Attorney Dylan Reingold updated the Board on the status of right-of-way acquisitions for the 66th Avenue Improvements Project. He stated that the remaining seven (7) parcels were being negotiated for Phase I, with five (5) being handled by outside counsel and two (2) moving forward in-house. In Phase II, the remaining nine (9) parcels were being negotiated, with six (6) being handled by outside counsel and three (3) being handled in-house. Deputy County Attorney William DeBraal discussed the process of proving to the courts that a certain parcel included Murphy Reservation deed -restricted land. He explained that the County would hire an appraiser to determine that Murphy Reservation land was included in the parcel, which would entitle the County to use the land for utilities, roadway and drainage. He cautioned that if permits had been issued for improvements to the land by any government entity, it could result in a situation that would not be financially beneficial. Commissioner O'Bryan felt the property owner should be notified at the beginning of acquisition negotiations if the County was considering the Murphy Reservation rules, with the property owner to be compensated for the value of the land plus an amount that had not yet been decided upon by the Board. Discussion ensued among staff and Commissioners O'Bryan and Zorc regarding the best approach to take when addressing future land acquisition projects. U.C. 20-2040 16th Street Ballfields and the Jimmy Graves Foundation Attachments: Staff Report County Attorney Dylan Reingold provided an update to the Board regarding a case involving the property known as the 16th Street Ballfields. He felt it was best not to discuss specific details of the case, but he confirmed that the County was planning to file a lawsuit in November 2020. Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final October 13, 2020 Following an inquiry from Commissioner Zorc, Attorney Reingold confirmed he was prepared to file any necessary paperwork to preserve the County's interest in the property and to ensure that the deed restriction would be enforced. No Action Taken or Required 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. 20-2041 Commissioners Open Dialogue Recommended Action: Informational Only Attachments: Memorandum Vice Chairman Flescher spoke on the recent passing of former Sheriff Roy Raymond. He also announced the passing of Fred Mensing, a County resident who had a history of addressing the Board. Commissioner Zorc discussed the progress of the Treasure Coast Foreign Trade Zone. Chairman Adams added that Census 2020 would be wrapped up in two (2) weeks. Commissioner O'Bryan talked about the Tax Abatement Program, making mention that the Economic Development Council would be meeting later that day to discuss an application from a local manufacturing business that was planning to expand. (Clerk's Note: The Commissioners opted to skip ahead to the Solid Waste Disposal District meeting, Items 15.1. and 15.2., prior to giving Commissioner Solari the opportunity to speak.) Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final October 13, 2020 Commissioner Solari reflected on a memory from 1972 when he and classmates from various countries studied German in Munich. He recalled discussions regarding the pride they each felt for their country, noting that he has always believed he lived in an exceptional America. He emphasized the importance of the Declaration of Independence, and closed by stating that all men should have an equal chance. 15. SPECIAL DISTRICTS AND BOARDS 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 15.6.1. 20-2026 Approval of Minutes Meeting of July 14, 2020 Recommended Action: Approve Attachments: 07142020SWDD Draft A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve the Meeting Minutes of July 14, 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 15.8.2. 20-2039 CCNA-2018 Work Order No. 8 to Geosyntec for Engineering Services with 2020 Groundwater Technical Support Services Recommended Action: Solid Waste Disposal District (SWDD) staff recommends that its Board approve the following: a) Approve CCNA-2018 Work Order No. 8 with Geosyntec for $134,972.70 to provide engineering services related to Groundwater Technical Support Services; and, b) Authorize the Chairman to execute the same, as presented Attachments: Staff Report CCNA-2018 Work Order No 8 - Geosyntec There was no discussion on this item. 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 Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes — Final ATTEST: Jeffrey . Smith, 6A, CGFO, CGMA Clerk of Circuit Court and Comptroller (ah By:. l OL Deputy Clerk BCC/RDZ/2020 Minutes October 13, 2020 Approved: January 19, 2021 Indian River County Florida page 12