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Home My WebLink About11/03/2020 (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, November 3, 2020 l 3 r This meeting can be attended virtually via Zoom. Instructions can be found with this agenda and also online at www.ircgov.com. Commission Chambers 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 Rand! Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes — Final 1. CALL TO ORDER Present: 5 - Chairman Susan Adams Vice Chairman Joseph Flescher Commissioner Tim Zorc Commissioner Peter O'Bryan Commissioner Bob Solari November 3, 2020 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Roger Ball, Freedom Church 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, 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. 20-2044 Presentation of Proclamation Recognizing the Month of November, 2020, as National Adoption Awareness Month Recommended Action: Read and Present Attachments: Proclamation Commissioner Zorc read and presented the Proclamation to Caryn Toole, Indian River and Okeechobee County Director, Communities Connected for Kids, in honor of National Adoption Awareness Month. Read and Presented 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 20-2072 City of Vero Beach Ordinance 2020-17, Notice of Voluntary Annexation of 23.65 Acres More or Less Recommended Action: No Action Taken or Required Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes — Final November 3, 2020 Attachments: COVB Annexation Ordinance 2020-17 No Action Taken or Required 8. CONSENT AGENDA A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the Consent Agenda as presented. The motion carried by the following vote: Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari 8.A. 20-2078 Checks and Electronic Payments October 9, 2020 to October 15, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of October 9, 2020 to October 15, 2020 Attachments: Finance Department Staff Report Approved 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 10.A.1. 20-2079 MJS Vero Land, LLC Request to Rezone +/- 19.32 Acres from RM -6 to RM -8 (RZON2005090430-87617) [Quasi -Judicial] Recommended Action: Based on the analysis, staff and the Planning and Zoning Commission Recommends that the Board of County Commissioners approve this request to rezone the subject site from RM -6 to RM -8 by adopting the proposed rezoning ordinance. Attachments: Staff Report Summary Page Rezoning Application Excerpt from Draft Minutes of 9/24/2020 P&Z Table of Uses and Size and Dimension Criteria for Multi -Family Section 902.12(3) Standards of Review Ordinance Chairman Adams introduced the parties for the proceeding as being Indian Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final November 3, 2020 County, and applicant MJS Vero Land, LLC. Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. County Planner Matt Kalep presented the request to rezone f 19.32 acres from RM -6 to RM -8 Multiple -Family Residential, located north of 16th Street and west of 66th Avenue. Commissioner O'Bryan received additional information, and Commissioner Zorc updated his disclosures. The Chairman opened the public hearing. The following persons appeared before the Board: Jim Vitter, Land Development Manager, BGE There being no further speakers, the Chairman closed the public hearing. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staffs recommendation and adopt Ordinance 2020-015, 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. 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 C. PUBLIC NOTICE ITEMS 10.C.1. 20-2073 Public Notice of Public Hearing Scheduled for November 10, 2020 to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 180 Days with regard to Class B Biosolids - LEGISLATIVE Attachments: Staff Report The Public Notice was read into the record by County Attorney Dylan No Action Taken or Required Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final November 3, 2020 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 12.H.1. 20-2082 North Sebastian Water and Sewer Phase 2 - Approval of SJRWMD Cost -Share Agreement and Next Steps Recommended Action: Staff recommends approval of the recommendation as stated on the staff report Attachments: Staff Report SJRWMD Cost Share Agreement FDEP Amendment No. 1 to LPQ0019 Director of Utility Services Vincent Burke presented the Board with a request to authorize the execution of two (2) additional funding sources for the project: the St. Johns River Water Management District Cost -Share Agreement and Amendment 1 to the Florida Department of Environmental Protection Water Quality Restoration Grant, which would bring the total grant aid up to $4.8 million. A motion was made by Commissioner O'Bryan, seconded by Commissioner Solari, to approve staffs recommendation: approval of the St. Johns River Water Management District Cost -Share Agreement No. 35822; approval of Amendment No. 1 to the Florida Department of Environmental Protection Water Quality Restoration Grant LPQ0019 Agreement; advertise the North Sebastian Water and Sewer Phase 2 Project for competitive bids; direct staff to prepare Resolution 1 and 2 for the water portion of the project to be brought back to the BCC at a later date; and direct staff to obtain a proposal from Masteller and Moler, Inc., for construction phase assistance to be approved by the BCC at a later date. The motion carried by the following vote: Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final November 3, 2020 Aye: 5 - Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and 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 14.C.1. 20-2059 Discussion on Changing IRC Policy for Consultants' Competitive Negotiation Act Projects to Include New Scoring Categories for Owner Surprises and Past Litigation Recommended Action: Discuss Attachments: Commissioner's Memorandum Commissioner Zorc brought forth a suggestion to modify the County's policy for Consultants' Competitive Negotiation Act (CCNA) projects. Commissioner Zorc requested the addition of two (2) scoring categories when evaluating CCNA bids: the disclosure of past or pending litigation within the last 10 years, and disclosure of any "owner surprises". The Commissioners and staff each in turn expressed their opinion on Commissioner Zorc's suggestion. Concerns were raised regarding excessively punitive measures, with agreement on the value of disclosure as long as it was not tied to a rating system. County Attorney Dylan Reingold confirmed that the requests for information were not in violation of CCNA statutes. Discussion concluded with a recommendation from Director Szpyrka to include only the request for disclosure of litigation, and to omit requests for disclosure of owner surprises. A motion was made by Commissioner Zorc, seconded by Chairman Adams, to approve directing staff to update of the CCNA (Consultants' Competitive Negotiations Act) application packet with a requirement for prospective consultants to disclose any litigation within the last ten years. The motion carried by the following vote: Aye: 5- Chairman Adams, Vice Chairman Flescher, Commissioner Zorc, Commissioner O'Bryan, and Commissioner Solari D. Commissioner Peter D. O'Bryan Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final November 3, 2020 E. Commissioner Bob Solari 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 9:49 a.m. Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes — Final ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller �Z� . /— By: I "k' Deputy Clerk BCC/RW/2020 Minutes November 3, 2020 '..OhiM/S °••° Approved: Fehrunry 2, 9091 Indian River County Florida Page 7