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INDIAN RIVER COUNTY · LOCALDecisions publishedPartial coverage

Board of County Commissioners

Tuesday, July 16, 2019 · County government meeting record

The 30-second read

Recorded outcome

Regular Meeting of May 21, 2019

Why it matters

This item is supported by a public source record.

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No later meeting or follow-up date is stated in the reviewed record.

An official outcome record - an action agenda or minutes - is published for this meeting.

Captured actions

23

Recorded outcomes

23

Source artifacts

1

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Other key decisions

23 captured items have a publicly linked outcome. These 5 are the clearest resident summaries in the record.

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  • Item 6.A.

    Regular Meeting of May 21, 2019

    Moved by Peter O'Bryan · Seconded by Susan Adams

    approved - A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Regular Meeting Minutes of May 21, 2019 as written. The motion carried by the following vote:
  • Item 8.D.

    Acceptance and Approval of Expenditures for Emergency Management State Funded Subgrant Agreement (EMPA) Agreement A0004

    approved - Approved staff's recommendation
  • Item 8.H.

    Work Order No. 17 for Kimley-Horn, 58th Avenue Utility Relocations - 53rd Street to 57th Street

    approved - Approved staff's recommendation
  • Item 8.A.

    Checks and Electronic Payments June 28, 2019 to July 4, 2019

  • Item 8.E.

    Award of Bid No. 2019050, Jungle Trail Shoreline Stabilization Project (IRC-1823)

    approved - Approved staff's recommendation

Money

People and votes

Susan Adams

6 seconds · 4 motions

  1. SecondItem 4.

    ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS - Seconded the recorded motion.

    Official record
  2. SecondItem 6.A.

    Regular Meeting of May 21, 2019 - Seconded the recorded motion.

    Official record
  3. MotionItem 12.G.4.

    Award of Contract for Meter Deployment Services - Moved the recorded motion.

    Official record
  4. SecondItem 12.G.3.

    Approval of Meter Purchase Agreement for AMR Meters - Seconded the recorded motion.

    Official record
  5. SecondItem 12.G.2.

    Biosolids Rule Making Comments for Chapter 62-640 Florida Administrative Code - Seconded the recorded motion.

    Official record
  6. MotionItem 13.A.

    Acquisition of Right-Of-Way Parcel 110 for Phase III of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue - Moved the recorded motion.

    Official record
  7. SecondItem 15.B.1.

    Approval of Meeting Minutes of May 21, 2019 - Seconded the recorded motion.

    Official record
  8. MotionItem 15.B.3.

    Focused Feasibility Evaluation of Landfill Leachate - Moved the recorded motion.

    Official record
  9. MotionItem 15.B.4.

    Landfill Gas Agreement with Indian River Eco District, LLC - Moved the recorded motion.

    Official record
  10. SecondItem 15.B.5.

    Third Amendment to Tropical Recyclables Transfer, Processing and Marketing Services Agreement - Seconded the recorded motion.

    Official record

Record text

No recording or transcript is held for this meeting.

Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Indian River County Florida Meeting Minutes 3 - Final Board of County Commissioners Bob Solari, Chairman, District 5 Susan Adams, Vice Chairman, District 1 Joseph E. Flescher, District 2 Peter D. O'Bryan, District 4 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 9:00 AM Commission ChambersTuesday, July 16, 2019 CALL TO ORDER1. Chairman Bob Solari Vice Chairman Susan Adams Commissioner Joseph Flescher Commissioner Peter O'Bryan Commissioner Tim Zorc Present: 5 - A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS2.A. INVOCATION2.B. Rev. Dr. Crystal Bujol, Artistic Director for the Gifford Youth Orchestra PLEDGE OF ALLEGIANCE3. Commissioner Tim Zorc ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS4. Addition: Emergency Item 4.A. Ocean Concrete and George Maib v. Indian River County Moved: Emergency Item 4.A. was moved to County Attorney Matters, Item 13.B. A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve the Agenda as amended. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - PROCLAMATIONS and PRESENTATIONS5. Page 1Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 5.A. 19-0449 Presentation of Proclamation Designating The Week of July 22, 2019 Through July 28, 2019, As Treasure Coast Waterway Cleanup Week. ProclamationAttachments: Vice Chairman Adams read and presented the Proclamation to Kathy Hill, Chief Communications Officer of the Indian River Lagoon National Estuary Association. Ms. Hill provided the details related to the 12th Annual Treasure Coast Waterway Cleanup, held on July 27, 2019. Read and Presented 5.B. 19-0607 Presentation of Sebastian Inlet District Centennial Historical Video and Traveling Display by James Gray, Executive Director James Gray, Executive Director of the Sebastian Inlet District, used a PowerPoint Presentation to highlight the history and responsibilities of the Sebastian Inlet District. He provided details related to the Centennial celebration that included a historic video of the Sebastian Inlet. Mr. Gray requested consideration to have a traveling display of the Sebastian Inlet timeline showcased at the County Administration Building and/or the County libraries. The consensus of the Board, with support from County Administrator Jason Brown, was to approve Mr. Gray's request. Commissioner Zorc suggested that the historic video of the Sebastian Inlet be shown on Indian River County's Local Government Channel 27. Mr. Gray agreed to provide the video to the County. Presented APPROVAL OF MINUTES6. 6.A. 19-0613 Regular Meeting of May 21, 2019 Draft Minutes 05/21/2019 BCCAttachments: A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Regular Meeting Minutes of May 21, 2019 as written. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7. Page 2Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 7.A. 19-0620 Florida Service Public Commission Consummating PSC-2019-0254-CO-EI, Request for approval of change in rate used to capitalize allowance for funds used during construction (AFUDC) from 5.97% to 6.22%, effective January 1, 2019 by Florida Power and Light Company, is on file in the Office of the Clerk No Action Taken or Required 7.B. 19-0621 Florida Public Service Commission Consummating Order PSC-2019-0269-CO-EI, Petition for approval to amend street lighting, outdoor lighting and LED lighting pilot tariffs, by Florida Power and Light Company is on file in the Office of the Clerk No Action Taken or Required 7.C. 19-0628 Florida Public Service Commission Consummating Order PSC-2019-0265-PAA-EQ, Petition for approval of renewable energy tariff and standard offer contract, by Florida Power and Light Company. No Action Taken or Required 7.D. 19-0631 Letter from Palm Beach County Commissioner Melissa McKinlay Regarding Human Trafficking Hotline Awareness Signage Staff Report Letter from Palm Beach County Commissioner McKinlay Attachments: No Action Taken or Required 7.E. 19-0634 Notice of School District of Indian River County Invitation to Health Insurance Best Practices Workshop Public Notice School District Invitation to Workshop Attachments: No Action Taken or Required CONSENT AGENDA8. A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve the Consent Agenda as amended, pulling Item 8.G. for discussion. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - 8.A. 19-0612 Checks and Electronic Payments June 28, 2019 to July 4, 2019 Finance Department Staff ReportAttachments: Approved Page 3Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 8.B. 19-0627 Dori Slosberg Driver Education Safety Act - Indian River County Traffic Education Program Trust Fund Report - Cumulative Reporting Through 06/30/19 Finance Department Staff ReportAttachments: Accepted 8.C. 19-0636 Indian River County Tax Collector Carole Jean Jordan: Errors and Insolvencies Report for the 2018 Tax Roll Tax Collector Letter Dated 07-08-19 Errors and Involvencies Report for 2018 Tax Roll DR505 Signature Page 2018 Report Attachments: Accepted 8.D. 19-0590 Acceptance and Approval of Expenditures for Emergency Management State Funded Subgrant Agreement (EMPA) Agreement A0004 Staff Report IRC Grant Form-EMPA Grant 2019-2020 EMPA Agreement A0004 Attachments: Approved staff's recommendation 8.E. 19-0622 Award of Bid No. 2019050, Jungle Trail Shoreline Stabilization Project (IRC-1823) Staff Report Sample Agreement Attachments: Approved staff's recommendation 8.F. 19-0624 58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street, Release of Retainage and Change Order No. 1 (IRC-1324, FM No. 434840-1-54-01) Staff ReportAttachments: Approved staff's recommendation Page 4Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 8.G. 19-0623 Victor Hart Sr. Complex Drainage Improvements, IRC-1760, Final Payment, Release of Retainage and Change Order No. 1 Staff ReportAttachments: Chairman Solari applauded the work done by the Public Works Department regarding the Victor Hart Sr. Complex Drainage Improvements. He mentioned that he had received numerous positive comments from people throughout the community. A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - 8.H. 19-0606 Work Order No. 17 for Kimley-Horn, 58th Avenue Utility Relocations - 53rd Street to 57th Street Staff Report Work Order No 17 - Kimley-Horn and Associates Inc Attachments: Approved staff's recommendation 8.I. 19-0633 Work Order No. 18 for Kimley-Horn and Associates, Inc., Oslo Road & I-95 Interchange Utility Relocations, FDOT Project 413048-2 Staff Report Work Order No 18 - Kimley-Horn and Associates Inc Attachments: Approved staff's recommendation CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES9. PUBLIC ITEMS10. PUBLIC HEARINGSA. PUBLIC DISCUSSION ITEMSB. PUBLIC NOTICE ITEMSC. Page 5Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 10.C.1. 19-0598 Public Notice of Public Hearing Scheduled for August 13, 2019 to Consider Stoneridge, LLC's request to rezone ± 19.24 Acres from RS-3, Single Family Residential District (Up to 3 units/acre), to RS-6, Single Family Residential District (Up to 6 units/acre) located south of 65th Street, west of Lateral “G” Canal, and east of 48th Avenue [RZON-2004110052-83770] (Quasi-Judicial) Staff ReportAttachments: No Action Taken or Required 10.C.2. 19-0626 Notice of Public Hearing for August 13, 2019: Florida Power & Light Company’s Request for Major Site Plan and Special Exception Use Approval for a Private Heavy Utility (Orange Blossom Solar Energy Center) [SP-SE-19-06-17 / 2019020003-84142] (Quasi-Judicial) Staff ReportAttachments: County Attorney Dylan Reingold read the Public Notices into the record. Chairman Solari mentioned a Special Call Meeting on July 23, 2019 at 9:00 a.m. for a final plat approval regarding the Harmony Reserve development. No Action Taken or Required COUNTY ADMINISTRATOR MATTERS11. DEPARTMENTAL MATTERS12. Community DevelopmentA. Emergency ServicesB. General ServicesC. Human Services1. Sandridge Golf Club2. Recreation3. Human ResourcesD. Page 6Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final Office of Management and BudgetE. Public WorksF. Page 7Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 12.F.1. 19-0602 Sector 7 Beach and Dune Renourishment Project Design Response to FDEP Request for Additional Information Staff Report Sector 7 OPCC for Scenarios 1 and 2 Attachments: Public Works Director Rich Szpyrka and Coastal Resources Coordinator Kendra Cope used a PowerPoint Presentation to provide a detailed update of the Sector 7 Beach and Dune Restoration Project, and noted that the County had submitted a permit application to the Florida Department of Environmental Protection (FDEP) on January 25, 2019. The update included diagrams to specify the reason for the necessary revisions to the original 2007 beach footprint/template, namely the Equilibrium Toe of Fill (ETOF) line and the Landward Extent of Edge of Hardbottom, as required by the FDEP in their Request for Additional Information (RAI), received on February 22, 2019. Director Szpyrka clarified that the Beach and Shore Preservation Advisory Committee agreed that the County would not want to impact the nearshore hardbottom. Ms. Cope confirmed that the County then went back to Coastal Technology Corporation (Coastal Tech), the coastal engineering firm that provided the 2007 beach template, to request a revised beach design template based on the current beach conditions, and for scenarios to pursue prior to responding to the FDEP's RAI. Ms. Cope explained that the area of beach in Sector 7 offered no public access, making State funding difficult to secure. She clarified that the total cost share amount obligated to the County following Hurricanes Matthew and Irma was $3,273,654.48, with the majority coming from the Federal Emergency Management Agency (FEMA). She concluded the presentation by presenting three (3) scenarios to the Board: Scenario 1 would pursue the original 2007 design and mitigate for impacts to nearshore hardbottom, costing up to $25,000,000; Scenario 2 would pursue a revised design with a lower quantity of fill, costing up to $7,500,000; and Scenario 3 would call to remove the permit application and pursue no action, costing the County $3,000,000 per year. County Administrator Jason Brown provided financial details in response to Chairman Solari's inquiry regarding the length of time it would take for the County to secure the funding necessary for Scenario 1 versus Scenario 2. He and Commissioner Flescher agreed with the Chairman that Scenario 2 was recommended. Tem Fontaine, Coastal Engineer for Coastal Tech, 3625 20th Street, spoke on the County's coastline challenges, and he advised the placement of as much sand as possible without impacting the nearshore hardbottom. He Page 8Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final responded to Commissioner O'Bryan, stating that the amount of sand used in Scenario 2 would potentially last five (5) to six (6) years depending on the weather/storm activity. Ms. Cope answered additional questions from members of the Board, and she confirmed that the Sector 7 Beach and Dune Restoration Project would begin sometime in November/December 2020, if so directed by the Commission. A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve Scenario 2, to revise the beach template design with a lower quantity of fill. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 9Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 12.F.2. 19-0632 Revised Draft Outline of the Indian River Lagoon Management Plan Recommendation for Moving Forward Staff Report Revised Draft IRL Plan Outline Map of Indian River Lagoon Project Locations Attachments: Coastal Resources Coordinator Kendra Cope began the PowerPoint Presentation by thanking the Indian River County Staff Task Force, made up of staff members from four (4) departments, for their continued commitment regarding the Indian River Lagoon Management Plan (the IRL Plan). She detailed the background, noting that staff approved a three (3) year contract with Tetra Tech, Inc. on April 17, 2018 to develop an outline for how the County would focus their efforts on improving the health of the Lagoon. On May 7, 2019, the Board was presented with the initial draft outline that generated feedback and additional recommendations to be incorporated into a revised draft outline. Ms. Cope continued with the revised outline structure of the IRL Plan, and highlighted the proposed bullet points: Executive Summary of Timeline for IRL Plan; IRL Plan Outline, including Current Understanding, Research Review Phase, Plan Development Phase, and Implementation Phase; Plan Funding Options; and Appendices of Projects, including Under Construction or Operational, Upcoming and Funded Projects, and Potential Projects. She described the current and potential stressors of the Lagoon, and she explained each phase of the IRL Plan and the proposed timeframe required for each phase to be successful. Ms. Cope then listed the County projects that were currently either under construction, operational, or upcoming and funded. In addition, she confirmed that the proposed revised outline listed all of the funding sources for the IRL Plan, as well as for the current and upcoming projects. Members of the Board were appreciative of all the staff who have worked to improve the revised IRL Plan outline. Discussion ensued regarding the unknowns of the IRL Plan, and it was agreed upon that the name of the plan should be changed to "Research Phase of the Indian River Lagoon Management Plan". Ms. Cope suggested that staff could present quarterly updates to the Board, and the Board could then provide direction, if necessary. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to: 1) approve the revised Indian River Lagoon Plan outline as presented, changing the name to the Research Phase of the Indian River County Lagoon Management Plan; and 2) direct staff to provide the Board with quarterly updates. The motion carried by the Page 10Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Utilities ServicesG. 12.G.1. 19-0639 Sole Source Equipment Vendors Staff ReportAttachments: In his presentation, Utility Services Director Vincent Burke stated that he had provided the Deputy Clerk and members of the Board with the most up-to-date list/spreadsheet of Sole Source Equipment Vendors being utilized at the Water and/or Wastewater Treatment Plants. Director Burke was agreeable with Chairman Solari's request to add a column to the spreadsheet for reporting the annual expenditure amount for each vendor. Purchasing Manager Jennifer Hyde and County Administrator Jason Brown responded to Commissioner O'Bryan's question regarding the length of time a provider would be approved as a Sole Source Equipment Vendor, and they agreed that extensions would require review and approval by the Board every three (3) years. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to: 1) approve staff's recommendation with an added column to the list of Sole Source Equipment Vendors to report the annual expenditures of each vendor; and 2) direct staff to return to the Board for review and approval of Sole Source Equipment Vendors every three (3) years to extend the vendor's role as a sole source provider. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 11Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 12.G.2. 19-0640 Biosolids Rule Making Comments for Chapter 62-640 Florida Administrative Code Staff Report Staff Comment summary to proposed rule making changes for 62-640 FAC Comments from UF IFAS Agriculture Agent and Director Comments from interested party - Mr Roderick General Concerns and Comments Attachments: Director of Utility Services Vincent Burke spoke on the public workshops that were held by the Florida Department of Environmental Protection (FDEP) regarding rule making for Chapter 62-640 of the Florida Administrative Code (FAC) to address the recommended actions of the Biosolids Technical Advisory Committee (TAC). He stated that the FDEP would be accepting all related comments through July 29, 2019, and requested the Board's approval of the comments that were included in the staff memorandum. He pointed out that comments received from interested stakeholders and from an Agriculture Agent representing the University of Florida, Institute of Food and Agricultural Sciences (UF/IFAS) were also included. Commissioner Zorc brought up a potential land transaction in Southeast Osceola County where runoff from the land flows into Blue Cypress Lake. Director Burke responded that staff would inquire about being added to the FDEP's "interested parties" notification list. Commissioner O'Bryan voiced his concern with regard to the Soil Phosphorus Storage Capacity Index. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation as written. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 12Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 12.G.3. 19-0630 Approval of Meter Purchase Agreement for AMR Meters Staff Report Meter Purchase Agreement Projected Pricing Sole Source Letter Additional Backup: Letter of Commitment Master Meter and Empire Pipe Supply Attachments: In his presentation to the Board, Utility Services Director Vincent Burke made mention of a last minute change, a $15 reduction in the cost per Automatic Meter Reading (AMR) meter, for which a copy of the Letter of Commitment from Empire Pipe & Supply had been provided to the Deputy Clerk. He requested Board approval of the AMR meter purchase. A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve staff's recommendation with the $15.00 reduction in cost per Automatic Meter Reading (AMR) meter. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 13Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 12.G.4. 19-0629 Award of Contract for Meter Deployment Services Staff Report Agreement for Meter Deployment Services Projected Pricing Attachments: Utility Services Director Vincent Burke used a PowerPoint Presentation to provide a detailed explanation of the Automatic Meter Reader (AMR) project, remarking that the AMR system would detect dead meters, water theft and water leaks; increase efficiency in reading meters due to registering the meter reads while driving by the general location of the meter; reduce the number of vehicles needed for reading the meters; reduce liability and worker's compensation claims; and extend the time between check valve replacements from five (5) years to ten (10) years. In addition, he noted that customers would be able to better manage their water usage by identifying leaks, which would improve customer satisfaction and increase water conservation awareness. Director Burke spoke on National Metering Services, Inc. (NMS), the top rated firm for Meter Deployment Services, and confirmed that all NMS employees would be with identification, dressed in uniform, and driving NMS company vehicles. He clarified the extensive Community Outreach Campaign, which included toll free call center access to best provide information and answers to all customers. Commissioner O'Bryan received clarification from Director Burke that the AMR meters would be able to be read through dirt and water; and that during installation, a customer's water would be shut off approximately 20 minutes, with the possibility of up to two (2) hours if issues were to arise. Director Burke confirmed that approximately 500 AMR meters would be installed per week. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 14Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final The Chairman called for a recess at 10:46 a.m., and reconvened the meeting at 10:56 a.m., with all members present. COUNTY ATTORNEY MATTERS13. Page 15Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 13.A. 19-0637 Acquisition of Right-Of-Way Parcel 110 for Phase III of 66th Avenue Improvements from Doris and Billy Jackson, 6835 66th Avenue Staff Report Exhibit "A" Aerial Photo Exhibit "B" Sketch and Legal Description Exhibit "C" Aerial Photo of Adjacent Property Exhibit "D" Pre-Suit Agreement w/o exhibits Attachments: Public Works Director Rich Szpyrka used a PowerPoint Presentation to update the Board on the 66th Avenue Roadway Improvement Right-of-Way Acquisitions. He stated that staff had been focusing on Phase One, located from north of 49th Street to north of 69th Street, and noted that of the original 27 parcels needed, eight (8) parcels remain that require negotiations and acquisition prior to beginning the construction phase. He added that a total of 31 parcels were needed for Phase Two, located north of 69th Street to 85th Street, a.k.a. County Road 510 (CR-510), and 14 parcels were left to be negotiated and acquired. Commissioner Zorc received clarification from Director Szpyrka regarding the number of utility transmission poles that would need to be relocated to complete the project, including the cost involved. Deputy County Attorney Bill DeBraal provided detailed feedback regarding negotiations with the Doris and Billy Jackson family, who own a 1.85 acre parcel, Parcel 110, located at 6835 66th Avenue. He explained that the Jacksons were interested in keeping the portion of land that included their home, along with acquiring a remainder parcel, Parcel 111, acquired by the County from the Jackson's son in 2007. Attorney DeBraal made mention that the negotiations include the County agreeing to construct a 18 foot wide driveway from 66th Avenue onto Parcel 110, and for the Jacksons to assume all risks regarding any drainage issues resulting from the 66th Avenue roadway widening project. Commissioner O'Bryan provided his opinion regarding the high cost of acquiring land for the improvements to 66th Avenue. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, and Commissioner Zorc 4 - Nay: Commissioner O'Bryan1 - Page 16Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 13.B. 19-0675 Ocean Concrete and George Maib v. Indian River County Circuit Court Case No. 31-2007-CA-011589. DCA Case No. 4D16-3210. Staff ReportAttachments: (Clerk's Note: This item was moved from Item 4.A.) County Attorney Dylan Reingold gave a brief background of the Ocean Concrete and George Maib v. Indian River County case, which arose out of a dispute regarding a proposed development of property for use as a concrete batch plant. The County had been cleared on all of the three (3) counts that had been filed; however, the case was appealed by the plaintiffs, Ocean Concrete and George Maib, who have relied on an appraisal that claimed a loss in value of $1.7 million due to the elimination of a concrete batch plant. Under the Bert J. Harris Act, the plaintiffs may be able to recover reasonable costs and attorney fees, and be paid interest, if the plaintiffs prevail in the action. Attorney Reingold stated that County staff and the plaintiffs attended mediation on July 11, 2019. They were not able to settle the case, but with the input of outside counsel, staff decided it might be important to file a Proposal for Settlement (PFS). He recommended the filing of a PFS in the amount of $800,000, noting that the County's insurance carrier would be contributing roughly $700,000 to the settlement. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - COMMISSIONERS MATTERS14. Commissioner Bob Solari, ChairmanA. Commissioner Susan Adams, Vice ChairmanB. Commissioner Joseph E. FlescherC. Commissioner Peter D. O'BryanD. Page 17Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 14.D.1. 19-0635 Florida Association of Counties Call for Policy Ideas Commissioner's MemorandumAttachments: Commissioner O'Bryan reminded his fellow members of the Board to be prepared to submit policy proposal ideas prior to the August 13, 2019 County Commission meeting. He verified with County Administrator Jason Brown that staff would be presenting to the Board a draft copy of the legislative ideas that would be sent to the Florida Association of Counties (FAC) for consideration following the meeting. Commissioner O'Bryan confirmed that he had recently submitted a proposal to the Water Quality Committee regarding the Florida Department of Environmental Protection (FDEP) rule making on biosolids. No Action Taken or Required Commissioner Tim ZorcE. Commissioners Open Dialogue SPECIAL DISTRICTS AND BOARDS15. Emergency Services DistrictA. The Board 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. Solid Waste Disposal DistrictB. 15.B.1. 19-0615 Approval of Meeting Minutes of May 21, 2019 05212019SWDD_DraftAttachments: A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Meeting Minutes of May 21, 2019, as written. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 18Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 15.B.2. 19-0574 Approval of 2019 CPI Adjustment Request by Waste Management Staff Report Rate Adjustment Letter from Waste Management Attachments: Director of Utility Services Vincent Burke spoke on the 1.31% annual rate adjustment submitted by Waste Management Inc. of Florida (WMIF). He explained that upon approval by the Board, staff would approve a notice from WMIF to be sent to all residential and commercial customers to notify them of the rate increase going into effect on October 1, 2019. A motion was made by Commissioner Flescher, seconded by Chairman Solari, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 19Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 15.B.3. 19-0638 Focused Feasibility Evaluation of Landfill Leachate Staff Report Geosyntec Focused Feasibility Technical Memorandum Attachments: Utility Services Director Vincent Burke provided the results received by Geosyntec Consultants, Inc. (Geosyntec) following the Focused Feasibility Evaluation of landfill liquids management options for the Indian River County Landfill. He explained that leachate, liquid that passes through the waste, was the primary focus of the study as directed by the Indian River County Department of Utility Services (IRCDUS), and that the West Regional Waste Water Treatment Facility (WRWWTF) was the recipient of the leachate. Geosyntec discovered that arsenic, total nitrogen, and total dissolved solids exceeded the specified local limits on discharge, referenced in Section 201.68 of the Code of Indian River County, and that the leachate also contained excessive amounts of ammonia nitrogen and biological oxygen demand. Director Burke relayed Geosyntec's recommendation that a pilot study project be performed by an equipment vendor that uses thermal leachate evaporators for treatment. Commissioner O'Bryan mentioned the proposed Landfill Gas Agreement with the Indian River Eco District, LLC, to be presented in Item 15.B.4, and received confirmation from Director Burke that staff was comfortable with the pilot study project moving forward. In response to an inquiry from Commissioner Zorc, Director Burke explained that the pilot study results would provide a better understanding of the heat exchanger technology, proposed to maximize the usage of the landfill gas to destruct the leachate in the most efficient way possible. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 20Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 15.B.4. 19-0641 Landfill Gas Agreement with Indian River Eco District, LLC Staff Report Landfill Gas Agreement with Indian River Eco District, LLC Attachments: Director of Utility Services Vincent Burke spoke on the details of the proposed 20 year agreement between the Solid Waste Disposal District (SWDD) and the Indian River Eco District, LLC (IRED) regarding the IRED's interest in purchasing landfill gas (LFG) generated by the County's Class 1 landfill. He explained that a long term commitment was necessary in order for the IRED to secure the financing for their investment. He discussed the responsibilities of both the SWDD and the IRED, provided calculations related to payments the SWDD could expect to receive from the IRED, and went over the the possible issues/concerns. Director Burke responded to Commissioner Flescher's inquiry regarding carbon credits, stating that the proposed Landfill Gas Agreement includes a provision for the SWDD to work with the IRED to apply for carbon credits if the IRED becomes eligible. County Administrator Jason Brown added that staff was looking forward to the partnership with the IRED. Alain Castro and Craig Gontkovic, Managing Partners of the IRED, were present and provided clarification for Commissioner Zorc that the project would be up and running within 18 months of the execution of the Landfill Gas Agreement. A motion was made by Vice Chairman Adams, seconded by Commissioner Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Page 21Indian River County Florida

July 16, 2019Board of County Commissioners Meeting Minutes 3 - Final 15.B.5. 19-0642 Third Amendment to Tropical Recyclables Transfer, Processing and Marketing Services Agreement Staff Report Third Amendment to Tropical Recycling Attachments: Utility Services Director Vincent Burke provided the background regarding single stream contamination, and noted that the Third Amendment would allow for Tropical Recycling to return up to 35% of the previous month's recyclables that were returned to the landfill as a landfill residue for disposal at no cost, with an effective date of July 1, 2019. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staff's recommendation. The motion carried by the following vote: Aye: Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 5 - Environmental Control BoardC. ADJOURNMENT16. Commissioner O'Bryan reminded the public of the Budget Workshop to be held on July 17, 2019 at 5:01 p.m. There being no further business, the Chairman adjourned the meeting at 11:35 a.m. Page 22Indian River County Florida

All meeting actions

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23 meeting items captured. The published sources do not prove this is the complete docket.

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  • Agenda item 4.Other meeting itemsapproved - A motion was made by Commissioner Flescher, seconded by Vice Chairman Adams, to approve the Agenda as amended. The motion carried by the following vote:

    ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

    Department: ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS

  • Agenda item 6.A.Other meeting itemsapproved - A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve the Regular Meeting Minutes of May 21, 2019 as written. The motion carried by the following vote:

    Regular Meeting of May 21, 2019

  • Agenda item 8.Other meeting itemsapproved - A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve the Consent Agenda as amended, pulling Item 8.G. for discussion. The motion carried by the following vote:

    CONSENT AGENDA

    Department: CONSENT AGENDA

  • Agenda item 8.D.Budget and financeapproved - Approved staff's recommendation

    Acceptance and Approval of Expenditures for Emergency Management State Funded Subgrant Agreement (EMPA) Agreement A0004

  • Agenda item 8.H.Other meeting itemsapproved - Approved staff's recommendation

    Work Order No. 17 for Kimley-Horn, 58th Avenue Utility Relocations - 53rd Street to 57th Street

  • Agenda item 8.A.Other meeting itemsapproved - Approved

    Checks and Electronic Payments June 28, 2019 to July 4, 2019

  • Agenda item 8.E.Contractsapproved - Approved staff's recommendation

    Award of Bid No. 2019050, Jungle Trail Shoreline Stabilization Project (IRC-1823)

  • Agenda item 8.G.Contractsapproved - A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote:

    Victor Hart Sr. Complex Drainage Improvements, IRC-1760, Final Payment, Release of Retainage and Change Order No. 1

  • Agenda item 8.F.Contractsapproved - Approved staff's recommendation

    58th Avenue Resurfacing/Reclamation from 26th Street to 49th Street, Release of Retainage and Change Order No. 1 (IRC-1324, FM No. 434840-1-54-01)

  • Agenda item 8.I.Other meeting itemsapproved - Approved staff's recommendation

    Work Order No. 18 for Kimley-Horn and Associates, Inc., Oslo Road & I-95 Interchange Utility Relocations, FDOT Project 413048-2

  • Agenda item 12.F.1.Other meeting itemsapproved - A motion was made by Commissioner Flescher, seconded by Commissioner O'Bryan, to approve Scenario 2, to revise the beach template design with a lower quantity of fill. The motion carried by the following vote:

    Sector 7 Beach and Dune Renourishment Project Design Response to FDEP Request for Additional Information

  • Agenda item 12.F.2.Other meeting itemsapproved - A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to: 1) approve the revised Indian River Lagoon Plan outline as presented, changing the name to the Research Phase of the Indian River County Lagoon Management Plan; and 2) direct staff to provide the Board with quarterly updates. The motion carried by the following vote:

    Revised Draft Outline of the Indian River Lagoon Management Plan Recommendation for Moving Forward

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