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HomeMy WebLinkAbout12/08/2020 (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, December 8, 2020 9:00 AM Commission Chambers This meeting can be attended virtually via Zoom. Instructions can be found at the end of this agenda and also online at www.ircgov.com. Board of County Commissioners Chairman, Joseph E. Flescher, District 2 Vice Chairman, Peter D. O'Bryan, District 4 Commissioner Susan Adams, District 1 Commissioner Joseph H. Earman, District 3 Commissioner Laura Moss, District 5 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Randi Wardlow, Deputy Clerk Board of County Commissioners Meeting Minutes - Final December 8, 2020 1. CALL TO ORDER Present: 5 - Chairman Joseph Flescher Vice Chairman Peter O'Bryan Commissioner Susan Adams Commissioner Joe Earman Commissioner Laura Moss 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Chairman Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, to approve the Agenda as presented. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 5. PROCLAMATIONS and PRESENTATIONS 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 20-2171 Commissioner Committee Assignments for 2021 Recommended Action: Inform Attachments: Commissioner's Memorandum Assignments Letter No Action Taken or Required 7.B. 20-2191 Resignation of Joseph Leo George, as Citizen Member Appointee to the Value Adjustment Board Recommended Action: Informational Only Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final December 8, 2020 Attachments: Resignation of Joseph Leo George - VAB RESIGNATION LTR FM J GEORGE No Action Taken or Required 8. CONSENT AGENDA A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve the Consent Agenda as amended, pulling items 8.A. and 8.B. for discussion. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 8.A. 20-2185 Checks and Electronic Payments November 13, 2020 to November 19, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of November 13, 2020 to November 19, 2020 Attachments: Finance Department Staff Report County Administrator Jason Brown clarified certain issued payments in response to questions from Commissioner Moss. Tom Sullivan, 4187 W 16th Square, received clarification on the County's accounting process. A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, to approve the list of checks and electronic payments issued by the Comptroller's office for the time period of November 13, 2020 to November 19, 2020. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 8.B. 20-2196 Checks and Electronic Payments November 20, 2020 to November 26, 2020 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of November 20, 2020 to November 26, 2020 Attachments: Finance Department Staff Report A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, to approve the list of checks and electronic payments issued by the Comptroller's office for the time period of November 20, 2020 to November 26, 2020. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss 8.C. 20-2200 Resolutions Cancelling Taxes on Properties Purchased for Public Purpose: Right -Of -Way for 58th Avenue and 37th Street Intersection Improvements from Robert Matthews, joined by his wife, Becky Sue Matthews; and 66th Avenue Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final December 8, 2020 Right -Of -Way from Billy W. Jackson and Christine Jackson, husband and wife Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute each Resolution to cancel certain taxes upon the properties purchased by Indian River County for a public purpose, and the Clerk to send a certified copy of each Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Attachments: Staff Report Resolution (Matthews) Resolution (Jackson) Approved Resolutions 2020-109 (Matthews) and 2020-110 (Jackson), cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. 8.D. 20-2170 43rd Avenue Sidewalk from Airport Drive West to 41st Street Final Payment, Release of Retainage, and Change Order No. 1, IRC -1503 Recommended Action: Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1503-6 to PRP Construction Group, LLC. in the amount of $74,410.45 for final payment and release of retainage. Attachments: Staff Report Change Order No. 1 Change Order No. 1 Approved staffs recommendation 8.E. 20-2197 Indian River County Library LSTA Grant Award and Agreement Recommended Action: Staff respectfully recommends that the Board of County Commissioners accept the Indian River County Library System LSTA Grant Agreement and authorize the Chairman to sign and return the LSTA Agreement to the Library Services Director to be forwarded to the appropriate State Library staff. Attachments: Staff Report LSTA Expanding Technology Grant Grant Form LSTA 20-21 Approved staffs recommendation 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final December 8, 2020 A. PUBLIC HEARINGS 10.A.1. 20-2155 The Virginia W. Russell Family Limited Partnership and Segment Markets 85, Inc.'s Request to Rezone Approximately 78.29 Acres from MED, Medical to PD, Planned Development and to Obtain Conceptual PD Plan Approval for a Project to be known as Harbor Bluffs PD [PD -20-09-02 / 99040218-872791 (QUASI-JUDICIAL) Recommended Action: Staff recommends that the Board of County Commissioners grant approval of the PD rezoning request and the conceptual PD plan for Harbor Bluffs PD, with the following conditions: 1. Prior to issuance of a land development permit for Phase 1, the applicant shall obtain Public Works approval of the final design of the 11th Drive improvements including all applicable turn lanes, external sidewalks, and offsite drainage improvements. 2. a. Obtain Planning staff approval of the final landscape plan for the respective phase. b. Obtain Planning staff approval of the final streetlighting plan for the respective phase. c. Obtain Environmental Planning staff approval of the final tree protection and mitigation plan for the respective phase. 3. Prior to issuance of a certificate of completion for Phase 1, the applicant shall construct all 11th Drive improvements as outlined in the approved Developer's Agreement and associated land development permit. 4. Prior to issuance of a certificate of completion for any project phase, the applicant shall construct required improvements such as sidewalks and buffers that are tied to that specific phase, or otherwise guarantee completion of the improvements as provided for in the LDRs. 5. Prior to or via the final plat for Phase 1, the applicant shall dedicate the required right-of-way for 17th Avenue and 39th Street without compensation, as shown on the conceptual PD plan. 6. The Harbor Bluffs PD project site shall revert to its original MED, Medical zoning designation if project construction has not commenced within 10 years of the date of the PD rezoning and conceptual PD plan approval. Attachments: Staff Report Location Map Aerial Excerpt from Draft November 12 2020 PZC Minutes PD Rezoning Ordinance Conceptual PD Plan Alternate Conceptual PD Plan - Single Family and Villas Conceptual Landscape Plan Chairman Flescher introduced the parties for the proceeding as being Indian River County, the Virginia W. Russell Family Limited Partnership, and Segment Markets 85, Inc. 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 Indian River County Florida rage 4 Board of County Commissioners Meeting Minutes - Final December 8, 2020 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. Chief of Current Development Ryan Sweeney presented details of Segment Market 85's requests to rezone the property and obtain approval of the conceptual Planned Development (PD) plan for Harbor Bluffs PD, located south of 41st Street, between Indian River Boulevard and US -1. Discussion ensued between Commissioners and staff regarding the zoning and PD approval process, as well as details of this project. The Chairman opened the public hearing. The following people addressed the Board: Stephen Moler, Masteller and Moler Inc. Tom Sullivan, 4187 W 16th Square Andy Spalding, 1479 Lily's Cay Bob Mantek, 1466 Lily's Cay Jean Catchpole, 526 Fiddlewood Road Jacobus Koolen, 1418 Lily's Cay Karen Wyderski, 1407 Lily's Cay Discussion resumed between the Board and staff to address traffic concerns. The Chairman called for a recess at 11:15 a.m., and reconvened the meeting at 11:26 a.m. with all members present. Chairman Flescher resumed the meeting with confirmation that all evidence entered had been received by the Deputy Clerk. There being no further comments, the Chairman closed the public hearing. The Commissioners wrapped up final discussion and issued closing remarks. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve staffs recommendations and adopt Ordinance 2020-019, amending the Zoning Ordinance and the accompanying Zoning Map from MED, Medical, to PD, Planned Development, for approximately 78.29 acres of land generally located on the south side of 41st Street, west of Indian River Boulevard, and east of US Highway 1 and described herein and providing for an effective date. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss The Chairman called for a recess at 11:52 a.m., and reconvened the meeting at 12:03 p.m. with all members present. Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final December 8, 2020 10.A.2. 20-2192 Shadow Brook Subdivision Water Assessment Project - Resolution III: Public Hearing and Utility Easement Recommended Action: Open the public hearing and, after receiving input, consider adopting Resolution No. III with any revisions based on that public input, and accept an easement for utility purposes Attachments: Staff Report Assessment Area Map Confirming Resolution No III with Assessment Roll Resolution Utility Easement Director of Utility Services Vincent Burke presented background and details of the Shadow Brook Subdivision Water Assessment Project. He noted that this was the final public hearing on the issue before the special assessment would be levied. The Chairman opened the public hearing. Larry Cherry, 5860 34th Street, thanked the Board on behalf of Shadow Brook residents. There being no further comments, the Chairman closed the public hearing. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve: 1) Resolution 2020-111, confirming the special assessments in connection with 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; and providing for special assessment liens to be made of record; and 2) Resolution 2020-112, formally accepting an easement for utility purposes only, over, across and under the private road right-of-way of 34th Street, 58th Court -and 34th Lane, located in Shadow Brook Subdivision in unincorporated Indian River County, Florida. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Earman, and Commissioner Moss B. PUBLIC DISCUSSION ITEMS 10.B.1. 20-2199 Request to Speak from Jacqueline A. Grady Regarding Release of Property from Lien 1926 4th Ave Recommended Action: No action required Attachments: Public Discussion Request Jacqueline A. Grady Indian River County Florida rage a Board of County Commissioners Meeting Minutes - Final December 8, 2020 Jacqueline A. Grady appeared before the Board via Zoom to request assistance in obtaining a property release document which would enable her to close on the purchase of a residence. County Attorney Dylan Reingold advised that his office was in negotiation with the seller's counsel to resolve the issue. By consensus of the Board, Attorney Reingold received approval to issue the release of lien upon completion of the seller's debt obligation. No Action Taken or Required 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 12.6.1. 20-2194 Research Review Phase of the IRC Lagoon Management Plan: Update 2 Recommended Action: Staff is requesting continued support for the Research Review phase of the Indian River Lagoon Management Plan development Attachments: Staff Report A- Research Plan Timeline B - Supporting Research Molly Klinepeter, Lagoon Plan Environmental Specialist, used a PowerPoint presentation to provide a second update of the Research Review Phase of the Indian River Lagoon Management Plan. Her report covered several topics: ecosystem functions and habitat use, harmful algal blooms, State and Regulatory review of rules, total nitrogen and phosphorus concentrations, and land use changes. Her report concluded with a look forward to the next phases of research and plan development. Discussion ensued between staff and the Commissioners as each expressed their Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final December 8, 2020 concerns and aspirations regarding the future of the Indian River Lagoon. The following people addressed the Board: Paul Fafeita, President, Clean Water Coalition Dr. Richard Baker, President, Pelican Island Audubon Society Jean Catchpole, Chairman, Indian River Neighborhood Association Water and Lagoon Committee No Action Taken or Required H. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 20-2201 Approval of Agreed Order of Take for a Parcel of Right -Of -Way Located at 6600 65th Street, Vero Beach, FL 32967 Owned by Harish and Deepti Sadhwani Recommended Action: Staff recommends the Board approve the Agreed Order of Take to acquire the necessary right-of-way and pond site from the Sadhwanis at a price of $314,264 and authorize the Chairman to execute the Agreed Order of Take. Attachments: Staff Report aerial of parent parcel; sketch/legal of row and pond Agreed Order of Take (w/o exhibits) Attorney Doney Memorandum Deputy County Attorney Bill DeBraal provided the history of negotiations for the Sadhwani parcel which led to the filed Order of Take, and a scheduled hearing. He informed that further negotiation ensued and resulted in an Agreed Order of Take that outlined the cost and conditions for the purchase of the property by the County. The County's outside counsel, William Doney, Esq., appeared via Zoom to provide an explanation of the eminent domain process and his recommendation to approve the Agreed Order of Take. Board discussion followed, with Vice Chairman O'Bryan expressing disapproval at the high per -acre cost. A motion was made by Commissioner Adams, seconded by Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 4- Chairman Flescher, Commissioner Adams, Commissioner Earman, and Commissioner Moss Nay: 1 - Vice Chairman O'Bryan 14. COMMISSIONERS MATTERS Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final December 8, 2020 A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 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 1:45 p.m. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes — Final December 8, 2020 ATTEST: Jeffrey . Smith, PA, CGFO, CGMA Clerk of Circuit Court and Comptroller MY W) 1 "1 Deputy Clerk BCC/RW/2020 Minutes Approved: February 9, 2021 Indian River County Florida Page 10 .s` E. Flesc er. Chairman��i;; Approved: February 9, 2021 Indian River County Florida Page 10