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HomeMy WebLinkAbout10/20/2020 Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com eco �ZORIO�' Meeting Minutes - Final Tuesday, October 20, 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 p 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 Terri Collins-Lister, Deputy Clerk Board of County Commissioners Meeting Minutes - Final 1. CALL TO ORDER Present: Absent: 4 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan 1 - Commissioner Bob Solari October 20, 2020 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Chris Kollmann, Lutheran Church of the Redeemer 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Move: Item 14.D.1. to be heard following Item 5.A. 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: 4- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1- Commissioner Solari 5. PROCLAMATIONS and PRESENTATIONS 5.A. 20-1988 Presentation of Proclamation Honoring Bruce H. Colton, State Attorney of 19th Judicial Circuit Recommended Action: Read and Present Attachments: Proclamation Commissioner O'Bryan read and presented the Proclamation honoring Bruce H. Colton for his service to all citizens as the State Attorney for the Nineteenth Judicial Circuit. Read- and Presented 5.13. 20-2065 Presentation of FIREMEDIC OF THE YEAR Award by Tad Stone, Director of Emergency Services Director of Emergency Services Tad Stone presented the Firemedic of the Year Award to David Osgood for performing his duties in a manner that exemplifies a competency that reflects the highest standards of a leader in the fire service, and Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final October 20, 2020 the youngest EMS Field Training Officers in the history of the department. Presented 5.C. 20-2023 Presentation of Proclamation for Lights On Afterschool Recommended Action: Recommend Read and Present Attachments: Proclamation Commissioner Zorc presented the Proclamation for "Lights on Afterschool" to the following people in recognition of their innovative afterschool programs: Elizabeth Thomason, Executive Director of the Boys and Girls Club of Indian River County; Co-founders Cathy De Schouwer and Antoine Jennings with Crossover Mission; Freddie Woolfork and Angelia Perry with the Gifford Youth Achievement Center; Verna Wright, Executive Director of the Dasie Hope Center; and Kenya May, Feed the Lambs Enrichments. Read and Presented 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 20-2049 Proclamation Honoring Jeffrey Hoffman on His Retirement From Indian River County Board of County Commissioners Department of Public Works Road and Bridge Division with Fifteen Years of Service Attachments: Proclamation Chairman Adams thanked Mr. Jeffrey Hoffman for his 15 years of service to Indian River County. No Action Taken or Required 73. 20-2068 4th Quarter FY 2019/2020 Budget Report Recommended Action: Informational Item- No Action Required Attachments: Staff Report 4th Quarter Budget Report No Action Taken or Required Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final October 20, 2020 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: 4- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: I- Commissioner Solari 8.A. 20-2053 Checks and Electronic Payments October 2, 2020 to October 8, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of October 2, 2020 to October 8, 2020. Attachments: Finance Department Staff Report Approved 8.B. 20-2047 Right -of -Way Purchase - 58th Avenue/37th Street Intersection, 3775 58th Avenue, Vero Beach, FL 32966, Owners: Manzul Rahim Recommended Action: Staff recommends the Board approve the Purchase Agreement in the amount of $6,000.00, with an estimated $550.00 in closing costs to be paid by the County for the purchase of 0.042 acre property located at 3775 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.C. 20-2051 Notice of Grant Award from the Florida Inland Navigation District Jones' Pier Museum and Education Exhibits - IR -20-69 Recommended action: Staff respectfully recommends that the Board accept the Florida Inland Navigation District Grant (IR -20-69) for 2020-21 and authorize the Chairman to execute the Agreement with the Florida Inland Navigation District Project Agreement IR -20-69. Attachments: Staff Report Attachment A Attachment B Approved staffs recommendation 8.D. 20-2062 Jones' Pier Conservation Area Public Use Improvements -Amendment Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final October 20, 2020 Number 1 to Work Order Number 3 Continued Construction Administration Services Recommended Action: Staff recommends the Board accept Amendment 1 to 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 $20,450.00 upon approval by the County Attorney as to form and legal sufficiency. Attachments: Staff Report Attachment A - Amendment 1 to WO #3 Exhibit 1 - Approved staffs recommendation 8.E. 20-2050 Resolution Authorizing the Community Development Director or his Designee to Endorse Insurance Checks Associated with County Housing Programs Recommended Action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners adopt the proposed resolution delegating authority to the Community Development Director or his designee to endorse insurance checks relating to County housing programs as set forth in the resolution Attachments: Staff Report Proposed Resolution Resolution 2004-134 (conformed) Approved Resolution 2020-088, delegating to the Community Development Director or his designee, authority to endorse insurance checks relating to County Housing programs such as SHIP Homes and the Neighborhood Stabilization Program. 8.F. 20-2052 Ford F -Series Door Latch Class Action Settlement, (Brandon Kommer v. Ford Motor Company), Case No. 1:17-cv-00296-LEK-DJS (N.D. NY) Recommended Action: The County Attorney's Office recommends that the Board vote to stay in the settlement class and file a claim if entitled to do so Attachments: Staff Report Notice of Class Action (ADA) Approved staffs recommendation 8.G. 20-2067 Resolution Cancelling Taxes on Property Dedicated by GRBK GHO High Pointe, LLC to Indian River County for Public Purpose (65th Street Right -Of -Way) Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final October 20, 2020 Resolution to cancel certain taxes upon the property dedicated to Indian River County for a public purpose, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments: Staff Report Resolution Approved Resolution 2020-089, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes (GRBK GHO High Pointe, LLC). 8.H. 20-2056 Amendment to 2021 Pictometry Aerial Imagery Contract Recommended Action: Staff recommends the approval of the amendment with Pictometry Corporation as provided in Attachment 1 and requests that the Board of County Commissioners authorize the Chairman to execute and sign the amendment. Attachments: Staff Report Amendment 2 Agreement Pictometry Imagery Coverage Map Approved staffs recommendation 8.1. 20-2060 Interfund Borrowing and Interfund Loan - Fiscal Year 2019/2020 Recommended Action: Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Staff also recommends that the current $650,000 interfund loan between the Tourist Tax Fund and the Jackie Robinson Training Complex Fund be reversed and charged to the Optional Sales Tax Fund. Attachments: Staff Report Approved staffs recommendation 8.J. 20-2061 Miscellaneous Budget Amendment 011 Recommended Action: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2019-2020 budget. Attachments: Staff Report 2019 2020 Resolution Exhibit "A" Approved Resolution 2020-090, amending the Fiscal Year 2019-2020 Budget. Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final October 20, 2020 8.K. 20-2063 51 st Avenue Water Assessment - 65th Street to 69th Street, Petition, Surveying, and Engineering Design Services Recommended Action: The staff of the Indian River County Department of Utility Services recommends that the Board of County Commissioners authorize the Purchasing Manager to issue a purchase order to Carter Associates, Inc., for the necessary surveying work, authorize staff to move the project to the design phase, and direct staff to proceed with the resolution process of the proposed assessment project Attachments: Staff Report Assessment Area Map Preliminary Petitions Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. 20-2033 Indian River County Clerk of the Circuit Court and Comptroller Jeffrey R. Smith: Applications for Citizen Member to the Value Adjustment Board Recommended Action: Approve Attachments: Staff Memorandum Committee Application Mucher Mucher Resume (County) Joseph L George application and resume Resignation of Jim Kordiak - VAB Clerk of the Circuit Court and Comptroller Jeffrey R. Smith deferred the item to County Attorney Dylan Reingold. County Attorney Dylan Reingold announced the qualifications for Citizen Member (Homesteaded) to the Value Adjustment Board (VAB) and pointed out that there were two applications for consideration by the Board to fill the vacancy. Chairman Adams inquired whether the position needed to be filled immediately and deferred the item to Vice Chairman Flescher who was the Commissioner Appointee to the VAB. Vice Chairman Flescher spoke of the importance of filling the vacancy prior to the upcoming VAB Meeting and noted that the Citizen Member vacancy was noticed in March 2020; he then nominated applicant Joseph L. George as Citizen Member (Homesteaded) to the VAB. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to appoint Joseph L. George as Citizen Member (Homesteaded) to the Value Adjustment Board. The motion carried by the following vote: Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final October 20, 2020 Aye: 4- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1- Commissioner Solari 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS County Attorney Dylan Reingold read the Public Notices into the record. 10.C.1. 20-2058 Public Notice of Public Hearing Scheduled for October 28, 2020 to Consider the Adoption of an Ordinance to Create a New Section under Chapter 1100 (Economic Development Ad Valorem Tax Exemption for PCP Tactical, LLC) of the Code of Indian River County - LEGISLATIVE Attachments: Staff Report No Action Taken or Required 10.C.2. 20-2030 Notice of Public Hearing Scheduled for November 3, 2020: Consideration of an Ordinance of Indian River County, Florida, amending the Zoning Ordinance and the accompanying Zoning Map for approximately ±19.32 acres located approximately +/-870 feet west of 66th Avenue and north of 16th Street, from RM -6, multiple -family residential district (up to 6 units/acre), to RM -8, multiple -family residential district (up to 8 units/acre); and providing, codification, severability, and effective date. (Quasi -Judicial) Recommended Action: The attached Public Notice Item is being provided for the Boards' information. No action is needed at this time. Attachments: Staff Report No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 11.A. 20-2069 2021 Florida Legislative Session Priorities Recommended Action: Indian River County Staff recommends the Board of County Commissioners provide direction and guidance to Staff as it works to complete the Indian River County 2021 Legislative Priorities Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final October 20, 2020 Attachments: Staff Report - Legislative Priorities Preliminary Legislative Priorities and Concerns Brian Sullivan, Legislative Affairs and Communications Manager, provided a timeline of the 2021 Florida Legislative session beginning on March 2, 2021. He brought before the Board, a preliminary list of the County's legislative priorities for discussion and their input. He explained that staff would then take the Board's input and recommendations, update the list, and bring it back to the Board for adoption. Mr. Sullivan recommended that once the County's legislative priorities were adopted, the Board should have a point person and an alternate to advocate in support of those priorities before the Indian River County Legislative Delegation and the Florida Legislature as a whole. No Action Taken or Required 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 12.H.1. 20-2064 Shadow Brook Subdivision Proposed Water Assessment Project Resolution I and II Recommended action: The staff of the Indian River County Department of Utility Services recommends the following: 1) Adopt Resolution I providing for the installation of the water main within Shadow Brook Subdivision, subject to the terms outlined in the resolution. The Board of County Commissioners shall establish the applicable interest rate at the time the final assessment roll is approved; and, 2) Adopt Resolution II setting the time and place of the Public Hearing on Tuesday December 8, 2020, at 9:05 am, in the Indian River County Commission Chambers Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Assessment Area Map Temporary Water Service Agreements Providing Resolution Setting Resolution for Public Hearing Assessment Roll October 20, 2020 Director of Utility Services Vincent Burke, through his PowerPoint Presentation, reviewed the Shadow Brook Subdivision Proposed Water Assessment Project and explained the resolution process. Larry Cherry, 5860 34th Street, the point of contact for the Shadow Brook Subdivision water assessment project, spoke in support of the project. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve: 1) Resolution 2020-091, providing for a water main extension from 58th Avenue to 34th Street, including 58th Court and 34th Lane within Shadow Brook Subdivision and certain specially benefited properties abutting 34th Street, 58th Court and 34th Lane, located within unincorporated Indian River County, Florida; providing the total estimated cost, method of payment of assessments, number of annual installments, and description of the area to be served; and 2) Resolution 2020-092, setting a time and place at which owners of certain properties abutting 34th Street, 58th Court and 34th Lane within Shadow Brook Subdivision located within unincorporated, Indian River County, Florida; and other interested persons, may appear before the Board of County Commissioners of Indian River County and be heard as to the propriety and advisability of constructing the water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be specially assessed against each property benefited thereby. The motion carried by the following vote: Aye: 4- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1 - Commissioner Solari 12.H.2. 20-2070 Utility Accounts Receivable Bad Debt Recommended Action: Staff recommends that the Indian River County Board of County Commissioners (BCC) authorize staff to come back with an ordinance at a public hearing that will establish county code to adopt the various settlement options. It shall also define the 90 -day and 12 -month time periods described in the payment options Attachments: Staff Report Draft Notice of Future Charges Director of Utility Services Vincent Burke stated that at the March 17, 2020 meeting, the Board tasked staff to bring back information on accrued delinquency fees and charges on utility accounts, and proposed options to Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final October 20, 2020 enable staff to address and prevent the excessive accumulation of bad debt from reserve accounts moving forward. Director Burke, through a PowerPoint Presentation, broke down the number and dollar amounts of outstanding debt for the water and sewer accounts, impact fee loans, and assessments. He reviewed the various settlement options for each type of account and sought information from the Board regarding the proposed 90 -day and 12 -month time period payment options for accounts that had accumulated over 24 consecutive months of charges. Commissioner O'Bryan received confirmation from County Attorney Dylan Reingold that once the five-year foreclosure window expired on the lien, the County could collect on the outstanding debt for the next 15 years and after 20 years, the lien disappears. He suggested establishing a policy that would require action to make a settlement offer when the lien reaches four years of age instead of the 19 years being proposed, giving the County more leverage to negotiate. A discussion followed on whether the law allowed foreclosure on a homesteaded property, and protecting the County's ability in the negotiation to get the account from a non-paying to a paying status. Commissioner Zorc sought and received information from Director Burke on whether the 80 existing residential structures with 170 equivalent residential units of water were either on the condemnation list, fully habitable structures, abandoned, or delinquent. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to authorize staff to return with an ordinance at a public hearing that would establish County code to adopt the proposed 90 -day and 12 -month time period payment options, and direct staff to establish a policy to look at making a settlement offer when liens reach four years of age, instead of 19 years. The motion carried by the following vote: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1 - Commissioner Solari 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Tim Zorc Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final October 20, 2020 D. Commissioner Peter D. O'Bryan 14.D.1. 20-2022 Discussion of Developments at the Indian River County Courthouse Recommended Action: Discussion and approval Attachments: Commissioner's Memorandum (Clerk's note: This item was heard following Item 5.A. and is placed here for continuity.) In honor of State Attorney Bruce H. Colton for his 47 years of outstanding public service, Commissioner O'Bryan proposed naming the Indian River County Courthouse Rotunda to be known as the Bruce H. Colton Rotunda. Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, spoke of his support and stated that he could not think of a better person to name the Rotunda after than State Attorney Colton. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve the naming of the Indian River County Courthouse Rotunda to be known as the Bruce H. Colton Rotunda. The motion carried by the following: Aye: 4 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, and Commissioner O'Bryan Absent: 1 - Commissioner Solari E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal 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. 15.6.1. 20-2066 Amendment No. 2 to Work Order No. 32 to Kimley-Horn for Household Hazardous Waste and Recycling Transfer Facility Design Recommended Action: Staff recommends that its Board approve the following: a) Approve the revised conceptual layout for the Household Hazardous Waste and Recycling Transfer Facility and direct staff to continue with the detailed design, with the understanding that the projected conceptual budget may increase to $3.8 Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final October 20, 2020 million; b) Approve CCNA-2018 Amendment No. 2 to Work Order No. 32 with Kimley-Horn and Associates, Inc. for $18,500, for the additional design services related to the SWDD Household Hazardous Waste and Recycling Facility Design, Permitting, and Bidding Services; and, c) Authorize the Chairman to execute the same, as presented Attachments: Staff Report Revised Conceptual Level Budget Amendment No 2 To Work Order No 32 Chairman Adams commented that the updated conceptual design for a new Household Hazardous Waste and Recycling Transfer Facility would be beneficial to everyone and was glad to see the project moving forward. 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 O'Bryan Absent: 1 - Commissioner Solari C. Environmental Control Board 16. ADJOURNMENT There being no further business, Chairman Adams adjourned the meeting at 10:17 a.m. Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes — Final Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Deputy Clerk BCC/TCL/2020 Minutes October 20, 2020 Approved: February 2, 2021 Indian River County Florida Page 13