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BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, FEBRUARY 17, 2015 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O’Bryan
Tim Zorc
District 1
District 5
District 2
District 4
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
PAGE
1.
CALL TO ORDER
2.
INVOCATION
Stan Boling, Community Development Director
3.
PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5.
PROCLAMATIONS and PRESENTATIONS
9:00 A.M.
None
6.
APPROVAL OF MINUTES
Regular Meeting of January 20, 2015
A.
B.
February 17, 2015
Special Call Meeting of January 28, 2015
Page 1 of 8
7.
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A.
B.
C.
8.
PAGE
Town of Indian River Shores, City of Vero Beach, and Indian River County
Mediation – December 17, 2014 Meeting Minutes
1-13
2015 Election of Beach & Shore Preservation Advisory Board Chairman and
Vice Chairman
(memorandum dated February 9, 2015)
14
Florida Department of State Minority Appointment Reporting Calendar Year
2013
(memorandum dated February 2, 2015)
15-25
CONSENT AGENDA
A.
B.
C.
D.
E.
F.
G.
H.
I.
February 17, 2015
Approval of Warrants January 30, 2015 to February 5, 2015
(memorandum dated February 5, 2015)
26-34
Escheated Properties Located Within the Municipal Boundaries of the City
of Fellsmere
(memorandum dated February 6, 2015)
35-38
Miscellaneous Budget Amendment 007
(memorandum dated February 9, 2015)
39-43
Declaration of Excess Equipment as Surplus for Sale or Disposal
(memorandum dated February 2, 2015)
44-47
Work Order No. 1, Kimley-Horn & Associates, Inc., 45th Street Left Turn
Lane at US1, IRC Project No. 1355
(memorandum dated February 9, 2015)
48-54
Award of Bid Old Dixie Highway Sidewalk from 38th Lane to 45th Street,
IRC Project No. 0845B, Bid No. 2014032
(memorandum dated January 28, 2015)
55-65
Florida Blue – Administrative Services Agreement Renewal
(memorandum dated February 9, 2015)
66-69
Authorize County Administrator to Execute the Business Associate
Agreement and Confidentiality Agreement pertaining to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
(memorandum dated February 9, 2015)
70-86
Authorize County Administrator to Execute the BlueMedicare Group Master
Agreement
(memorandum dated February 9, 2015)
87-106
Page 2 of 8
8.
CONSENT AGENDA
J.
K.
L.
M.
N.
O.
9.
Approval of Release of Retainage for GFA Work Order #GFA-3 for Osprey
Marsh Stormwater Park
(memorandum dated February 9, 2015)
107-109
2015/2016 Budget Workshop / Hearing Schedule
(memorandum dated February 9, 2015)
110
Approval of State Sovereignty Submerged Lands Fee Waived Lease 5-Year
Renewal for Boat Club Island (Spoil Island IR-25)
(memorandum dated February 10, 2015)
111-123
John and Kari Tench’s Request for Partial Release of an Easement at 5821
Bent Pine Drive (Bent Pine Subdivision, Unit 4)
(memorandum dated February 10, 2015)
124-130
Approval of Release of Retainage for Various Tasks of Work Order No. L-1,
and Associated Change Orders with G.K. Environmental, Inc. for Egret
Marsh Stormwater Park
(memorandum dated February 6, 2015)
131-133
Consent to Assignment and Assumption of License by Vertical Bridge
Acquisitions, LLC
(memorandum dated February 10, 2015)
134-137
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A.
10.
PAGE
Indian River County Sheriff Deryl Loar
Request for Funding for Improvements to the Indian River County Jail
(letter dated February 9, 2015)
138-143
PUBLIC ITEMS
A.
PUBLIC HEARINGS
1.
February 17, 2015
Tracy Sabol’s Request for Abandonment of a Right-of-Way for a
16’ Alleyway Running from 129th Place to 130th Street and Lying
Behind Lots 1-10, Block 1 of the Townsite Plat of Roseland
Subdivision
(memorandum dated February 6, 2015)
Legislative
144-156
Page 3 of 8
10.
PUBLIC ITEMS
A.
PUBLIC HEARINGS
2.
B.
PAGE
Public Hearing to Consider Amending the Code of Indian River
County to Create “The Indian River County Driver Education
Program Trust Fund” to Implement the Dori Slosberg Driver
Education Safety Act
(memorandum dated February 5, 2015)
Legislative
157-163
PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
Request to Speak from Susan Mehiel Regarding the county’s efforts
1.
to fight AAF and in support of the county setting aside funds for the
legal efforts to stop the train
C.
164
PUBLIC NOTICE ITEMS
None
11.
COUNTY ADMINISTRATOR MATTERS
None
12.
DEPARTMENTAL MATTERS
A.
Community Development
Authorization for 45th Street Beautification Project: Phase I and
1.
Resurfacing Improvements
(memorandum dated January 26, 2015)
165-171
Condemnation, Demolition and Removal of Unsafe Structures
Located at 2313 3rd Avenue SE, 4401 31st Avenue, 2460-2480 41st
Street, and 1165 6th Avenue
(memorandum dated January 23, 2015)
172-201
Review of INEOS New Planet BioEnergy LLC’s Ad Valorem Tax
Exemption Annual Report
(memorandum dated January 29, 2015)
202-218
2.
3.
B.
Emergency Services
None
February 17, 2015
Page 4 of 8
12.
DEPARTMENTAL MATTERS
C.
PAGE
General Services
1.
Replacement of Weathered Seats in Historic Dodgertown’s Holman
Stadium
(memorandum dated February 10, 2015)
1.
219-226
Human Services
None
2.
Sandridge Golf Club
None
3.
Recreation
None
D.
Human Resources
None
E.
Office of Management and Budget
1.
2.
F.
Potential Refunding of Land Acquisition Bonds Series 2006
(memorandum dated February 10, 2015)
227
Approval of Firm Selection for RFP 2015024 – Lessee to Provide
Concessionaire Services at Sandridge Snack Bar
(memorandum dated February 9, 2015)
228-237
Public Works
None
G.
Utilities Services
None
13.
COUNTY ATTORNEY MATTERS
A.
B.
February 17, 2015
First Amendment to Court Funding Interlocal Agreement
(memorandum dated February 11, 2015)
238-246
Resolution Regarding the Florida Auditor General’s Preliminary and
Tentative Audit Findings and Recommendations Concerning FMPA and the
Plans of the City of Vero Beach in Response to that Audit
(memorandum dated February 11, 2015)
247-251
Page 5 of 8
14.
COMMISSIONERS MATTERS
A.
Commissioner Wesley S. Davis, Chairman
1.
B.
District 1 Announcement
(memorandum dated February 11, 2015)
252
Commissioner Bob Solari, Vice Chairman
1.
2.
C.
PAGE
All Aboard Florida
(memorandum dated January 30, 2015)
253
IRL – NEP
(memorandum dated February 11, 2015)
254
Commissioner Joseph E. Flescher
None
D.
Commissioner Peter D. O’Bryan
None
E.
Commissioner Tim Zorc
1.
15.
Discussion on Planning of Future Fire Station Locations
(memorandum dated February 9, 2015)
255
SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
1.
Approval of Minutes Meeting of December 16, 2014
2.
Approval of Minutes Meeting of January 13, 2015
3.
Emergency Services District Capital Improvements
(memorandum dated February 10, 2015)
256-260
Work Order #4 for Fire Rescue Station #13 (4th Street and 43rd
Avenue)
(memorandum dated February 10, 2015)
261-267
4.
February 17, 2015
Page 6 of 8
15.
SPECIAL DISTRICTS AND BOARDS
B.
Solid Waste Disposal District
1.
Approval of Minutes Meeting of January 6, 2015
2.
Approval of Minutes Meeting of January 20, 2015
3.
CCNA-2014 Work Order No. 1 to CDM Smith, Inc. for
Engineering Services with the 2015 Annual Permit Compliance
Monitoring and Reporting
(memorandum dated February 6, 2015)
268-282
CCNA-2014 Work Order No. 2 to CDM Smith, Inc. for the 2015
Annual Financial Assurance Report
(memorandum dated February 6, 2015)
283-289
Amendment No. 1 to Work Order No. 1 to Kessler Consulting, Inc.,
for Solid Waste Procurement & Technical Services
(memorandum dated February 6, 2015)
290-297
4.
5.
C.
PAGE
Environmental Control Board
None
16.
ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County’s Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
February 17, 2015
Page 7 of 8
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
February 17, 2015
Page 8 of 8
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JANUARY 20, 2015
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O’Bryan
Tim Zorc
District 1
District 5
District 2
District 4
District 3
Present
Present
Present
Present
Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Leona Adair Allen, Deputy Clerk
1. CALL TO ORDER
3.
Present
PACKET
PAGES
DVD
TIMES
2.
Present
Present
Present
9:00 A.M.
INVOCATION
Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
PLEDGE OF ALLEGIANCE
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02
a.m.
Addition: Emergency Item 13.C. Request to Appeal Final Orders Issued by the
Department of Juvenile Justice
Addition: Emergency Item 14.A.1. Venue Request from American Coalition for
Property Rights and Florida Not All Aboard
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O’Bryan, the Board unanimously approved the agenda as amended.
BoardofCountyCommissionMinutes
January20,2015
Page1
5.
PROCLAMATIONS and PRESENTATIONS
9:03
a.m.
A.
9:09
a.m.
B.
Presentation of Proclamation Recognizing the Saint Edward’s School for
Their Contributions to Indian River County
Presented by Vice Chairman Solari and received by Saint Edwards
Head of School Michael Mersky.
1
Presentation of Vero Beach Chamber of Commerce Annual Report for 2014
and Announcement of Events Scheduled in 2015 by Dan Stump, Esq.,
Chairman of the Vero Beach Chamber Board of Directors
Attorney Daniel Stump announced that the City of Vero Beach
Chamber of Commerce was celebrating its one year anniversary as of
January 4, 2014; listed the goals and accomplishments that were met in
the first year; and requested the Board grant the Chamber
representation on the Economic Development Council (EDC) after the
application is received.
Charlie Wilson outlined the local events that will be taking place
throughout the year.
Ben Costello, 102 Trotters Court, Venetia, PA, Director of the 1715
Fleet Society, elaborated on the County events that will take place in
March and July to commemorate the 300th anniversary of the lost
treasure from the 1715 Spanish Fleet.
6.
9:38
a.m.
APPROVAL OF MINUTES
Regular Meeting of December 16, 2014
A.
ON MOTION by Commissioner O’Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the regular meeting
minutes of December 16, 2014, as written.
7.
9:39
a.m.
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A.
Florida Public Service Commission Notice of Final Order Approving
Florida Power and Light’s Proposed Non-Standard Meter Rider Tariff
Effective January 2, 2015, has been received and is available for review in
the Office of the Clerk to the Board
B.
Information Regarding Cancellation of Three Inactive Local Jobs Grant
Agreements
(memorandum dated January 12, 2015)
Noted for the record were the following inactive grant agreements:
Aeroshade Technologies, Inc., XStream Systems, Inc., and SMI
Telecoms, LLC.
BoardofCountyCommissionMinutes
January20,2015
2-14
Page2
C.
D.
E.
F.
G.
8.
Revision to Treasure Coast Regional Planning Council Appointees for
2015
(memorandum dated January 13, 2015)
U.S. Kids Golf Honoring Bela Nagy, Sandridge Golf Professional, as a
U.S. Kids Golf Master Kids Teacher During a Special Ceremony at the
PGA Merchandise Show
Commissioner O’Bryan announced that Bela Nagy was selected as
“U.S. Kids Golf Master Kids Teacher” and will be honored with an
award as one of the top 50 teachers for the youth.
15-17
18
Proclamation Designating January 25 – 31, 2015, as Indian River County
School Choice Week
19
Proclamation and Retirement Award Honoring Cheryl Wilkinson on Her
Retirement from Indian River County Board of County Commissioners
Department of General Services/North County Library with Twenty-Six
Years of Service
20-21
Proclamation and Retirement Award Honoring Charles Edwards on His
Retirement from Indian River County Board of County Commissioners
Department of Public Works/Road & Bridge Division with Nineteen
Years of Service
22-23
CONSENT AGENDA
ON MOTION by Commissioner O’Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the Consent Agenda, pulling Items
8.I. and 8.J. for discussion.
9:39
a.m.
A.
B.
Approval of Warrants – January 1, 2015 to January 8, 2015
(memorandum dated January 8, 2015)
Approved the list of warrants (checks) and wires as supplied by the
Comptroller’s Office.
Resolution Formally Designating a Portion of County Owned Property
Along 26th Street as Right-of-Way
(memorandum dated January 9, 2015)
Approved: (1) Resolution 2015-007, formally designating certain
County owned property for right-of-way, and directing the Property
Appraiser to cut out the property designated as right-of-way from the
parent parcel (Lot 1, Block G of Dodgertown Subdivision, recorded in
Plat Book 3, Page 49, of the Public Records of Indian River County,
Florida); and (2) authorized the Chairman to execute same for
recordation in the Public Records of Indian River County, Florida.
(Javier Franco and Baylee Franco)
BoardofCountyCommissionMinutes
January20,2015
24-32
33-38
Page3
C.
D.
E.
F.
G.
H.
9:40
a.m.
I.
Out of County Travel to attend the 29th Annual Governor’s Hurricane
Conference
(memorandum dated January 14, 2015)
Approved out of County travel for Commissioners and staff to attend
the 29th Annual Governor’s Hurricane Conference in Orlando, from
May 10, 2015 through May 15, 2015.
Miscellaneous Budget Amendment 005
(memorandum dated January 14, 2015)
Approved Resolution 2015-008, amending the Fiscal Year 2014-2015
Budget.
M.A.C.E. (Multi-Agency Criminal Enforcement Unit) Project Generated
Income (PGI) Miscellaneous Budget Amendment 006
(memorandum dated January 14, 2015)
Approved: (1) the utilization of Project Generated Income totaling
$3,214.15; (2) Budget Amendment 006; and (3) Resolution 2015-009,
amending the Fiscal Year 2014-2015 Budget.
Approval for Release of Final Payment to Weller Pools, LLC
(memorandum dated January 13, 2015)
Authorized the release of final payment of $67,386.00 to Weller Pools,
LLC, for repair work on the competitive pool at the North County
Aquatic Center.
26th Street – Advance Acquisition of Right-of-Way, 5030 26th Street, 5920
26th Street, Ronee Suzan King and Stephen Allan Block, as Co-Trustees
under the Benjamin Block Trust – 1999
(memorandum dated January 12, 2015)
Approved and authorized the Chairman to execute the Contract for
Sale and Purchase of the King/Block property for $68,268; directed
staff to take the needed right-of-way from the property after
purchase; and authorized the sale of the remaining property, if any,
at sealed bid or by auction.
GHO Lake Sapphire Corp’s Request for Final Plat Approval for a
Subdivision to be known as Lake Sapphire
(memorandum dated January 12, 2015)
Granted final plat approval for the Lake Sapphire Subdivision.
Utility Construction Standards, March, 2014, January 2015 Revision –
UCP 3110
(memorandum dated January 12, 2015)
Chairman Davis pulled this item to question whether there would be
additional permitting fees with the revision, and staff informed him
that the revision only entailed procedural changes.
BoardofCountyCommissionMinutes
January20,2015
39-42
43-50
51-58
59-61
62-81
82-88
89-96
Page4
Commissioner Zorc sought and received clarification regarding fire
hydrant guard posts.
ON MOTION by Commissioner Flescher, SECONDED by Chairman
Davis, the Board unanimously adopted the revised Indian River
County Department of Utility Services Water, Wastewater and
Reclaimed Water Utility Construction Standards, dated March 2014,
revised January 2015, as presented.
9:43
a.m.
J.
Hutton Growth One, LLC / Family Dollar Store, Developer Agreement
for Developer Contributions to Culvert Pipe Improvements on the South
Side of 45th Street
(memorandum dated January 7, 2015)
Commissioner Zorc pulled this item to comment on the value of the
culvert headwalls, and the agreement with the developer to pay the
County $30,000, which would offset some of the piping costs.
97-101
ON MOTION by Commissioner Zorc, SECONDED by Chairman
Davis, the Board unanimously approved Developer’s Agreement with
Family Dollar Stores, Inc. (Hutton Growth One, LLC).
K.
L.
9.
Authorization for NASPO Contract SW300 for Automated External
Defibrillators (AED) Equipment
(memorandum dated January 7, 2015)
Approved the Participating Addendum to the National Association of
State Procurement Officials (NASPO) Contract, designating Indian
River County as a Participating Entity, and authorized the Chairman
to execute same after the County Attorney has approved it as to
content and legal sufficiency.
Approval of Agreement for Payment of Costs Associated with Creation of
the Oslo Park Area Street Lighting Municipal Service Benefit Unit,
Oceanside Subdivision Street Lighting Municipal Service Benefit Unit,
Oceanside Subdivision Street Paving and Maintenance Municipal Service
Benefit Unit
(memorandum dated January 14, 2015)
Approved the “Agreement for Reimbursement of Costs for Oceanside
Street Lighting District Oceanside Paving District Oslo Park Street
Lighting District Municipal Service Benefit Unit,” and authorized
staff to proceed with the required public hearings.
102-106
107-110
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
BoardofCountyCommissionMinutes
January20,2015
Page5
10.
PUBLIC ITEMS
A.
9:46
a.m.
PUBLIC HEARINGS
1.
Beth Ann Atamer’s Request for Special Exception Use and
Conceptual Planned Development (PD) Plan Approval for a Project
to be known as Hampton Woods East
(memorandum dated January 8, 2015)
Quasi-Judicial
111-123
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Each Commissioner, as requested by the Chairman, disclosed ex
parte communications, site visits, or independent investigations.
They also affirmed that they have an open mind and can base
their decisions on the evidence presented and applicable law.
The Chairman opened the Public Hearing.
The Deputy Clerk administered the Oath to all persons who
wished to speak at the hearing.
Community Development Director Stan Boling explained the
Special Exception Use and Conceptual Planned Development
(PD) approval request for the Hampton Woods East project;
described the project process; identified the dedications and
improvements; defined the proposed PD waivers for the
project; discussed the public benefits for the project; and
pointed out the environmental issues associated with the
proposed project. He urged the Board to approve the PD plan
with the recommendations outlined in staff’s report (relating to
tree mitigation, and providing for a street light, fire hydrant, a
tree preservation area, and utility easement). He informed the
Board that the Planning and Zoning Commission (PZC)
unanimously recommended that the special exception use and
conceptual PD plan be approved with staff’s recommendations.
Commissioner O’Bryan sought and received information
regarding sewer services.
Wesley Mills, of Mills, Short and Associates, 800 8th Street, Vero
Beach, Project Engineer, in response to Commissioner Zorc’s
question, conveyed that the storm water design would capture
all storm water runoff and hold it on site.
BoardofCountyCommissionMinutes
January20,2015
Page6
Thomas Sherman, 1415 43rd Court, voiced concern over a house
that had burned down near Hampton Woods.
Chairman Davis said he would ask Code Enforcement to look
into the situation.
There being no additional speakers, the Chairman closed the
Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously granted special
exception use and conceptual Planned Development (PD) Plan
approval with the following conditions: (1) prior to preliminary
PD Plan/Plat approval, the applicant shall obtain
Environmental Planning staff approval for the project’s tree
mitigation plan; (2) prior to issuance of Certificate of
Completion for the project, the applicant shall install the
required street light and fire hydrant, as depicted on the
conceptual PD Plan; and (3) Prior to or via the final plat
process, the applicant shall: (a) establish a 25’ wide tree
preservation area along the project site’s entire 46th Avenue
frontage, and (b) establish a 15’ utility easement along the
project site’s north property line.
10:02
a.m.
2.
Approval of a Resolution Electing to Use the Uniform Method for
the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for the Oceanside Subdivision Street Lighting
Municipal Service Benefit Unit
(memorandum dated January 14, 2015)
Legislative
124-129
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Deputy County Attorney Bill DeBraal spoke about the creation
of a new Municipal Service Benefit Unit (MSBU) to recover the
costs of street lighting improvements in Oceanside Subdivision;
described the process of establishing the MSBU; and
recommended the Board approve the Resolution and authorize
staff to proceed with the second public hearing.
Discussion ensued between the Board and staff regarding the
petition-driven request of the residents for street lighting and
road improvements.
The Chairman opened the Public Hearing.
BoardofCountyCommissionMinutes
January20,2015
Page7
Kathleen Taylor, 2180 Waltons Court, said she and 88% of her
neighbors were in favor of the project, and reported that the
neighbors who would be affected had been notified in writing.
There being no other speakers, the Chairman closed the Public
Hearing.
ON MOTION by Commissioner O’Bryan, SECONDED by
Commissioner Flescher, the Board unanimously: (1) authorized
staff to proceed with the second public hearing; and (2)
approved Resolution 2015-010, electing to use the uniform
method for the levy, collection, and enforcement of non ad
valorem assessments pursuant to Florida Statute 197.3632 to
recover the costs of street lighting and maintenance in the
Oceanside Replat Subdivision area.
10:09
a.m.
3.
Approval of a Resolution Electing to Use the Uniform Method for
the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for the Oceanside Subdivision Street Paving and
Maintenance Municipal Service Benefit Unit
(memorandum dated January 14, 2015)
Legislative
130-135
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Attorney DeBraal informed the Board that this Municipal
Service Benefit Unit (MSBU) would recover the costs of road
repaving in the Oceanside Subdivision. He recommended
approval of the Resolution and authorization for staff to
proceed with the second public hearing.
The Chairman opened the Public Hearing.
Kathleen Taylor, 2180 Waltons Court, revealed that this started
because one of the developers had passed away, and the other
left town abruptly, and for this reason the roads were never
turned over to the County.
There being no other speakers, the Chairman closed the Public
Hearing.
A brief discussion ensued regarding the MSBU process for
roads and streetlighting.
Public Works Director Chris Mora explained the repaving
assessment.
BoardofCountyCommissionMinutes
January20,2015
Page8
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1) authorized
staff to proceed with the second public hearing; and (2)
approved Resolution 2015-011, electing to use the uniform
method for the levy, collection, and enforcement of non ad
valorem assessments pursuant to Florida Statute 197.3632 to
recover the costs of street paving and maintenance in the
Oceanside Replat Subdivision area.
10:14
a.m.
4.
Approval of a Resolution Electing to Use the Uniform Method for
the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for the Oslo Park Area Street Lighting Municipal
Service Benefit Unit
(memorandum dated January 14, 2015)
Legislative
136-143
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Attorney DeBraal advised the Board that this Municipal Service
Benefit Unit (MSBU) would recover the costs of street lighting
and maintenance for the Oslo Park area (17th Street SW north
to 7th Street SW and 27th Avenue SW east to the Lateral J
Canal). He recommended the Board approve the resolution and
authorize staff to proceed with the second public hearing.
A brief discussion ensued pertaining to the security lights in the
neighborhood.
The Chairman opened the Public Hearing. There being no
speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner O’Bryan, SECONDED by
Chairman Davis, the Board unanimously: (1) authorized staff to
proceed with the second public hearing; and (2) approved
Resolution 2015-012, electing to use the uniform method for the
levy, collection, and enforcement of non ad valorem assessments
pursuant to Florida Statute 197.3632 to recover the costs of
street lighting and maintenance in the Oslo Park area.
B.
10:19
a.m.
PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
BoardofCountyCommissionMinutes
January20,2015
Page9
1.
Request to Speak from Mike DeGeorge, President and Sherri Davis,
Vice President, Trillium Homeowner’s Association
Trillium Homeowner’s Association (HOA) President Mike
DeGeorge and Vice President Sherri Davis used a PowerPoint
presentation to communicate their concerns over the
landscaping and irrigation damage they said occurred from the
66th Avenue widening project. They elaborated on the damage
to the plants in their landscaping beds along 66th Avenue from
lack of water, heavy equipment, and their landscaping company
being restricted from the construction zone, which resulted in
damages of about $14,446.
144-146
Administrator Joseph Baird and Director Mora reiterated the
County’s policy that if vegetation or irrigation is put on the
County’s right-of-way, the County is not responsible for the
damage, if work needs to be done in that area.
Discussion ensued regarding the right-of-way between the
HOA’s wall and the sidewalk; and the need to obtain a permit
for any work within the right-of-way.
Commissioner O’Bryan supported the County’s Policy and
reasoned that the sidewalk delineates public from private
property even though the right-of-way goes to the wall.
MOTION WAS MADE by Commissioner O’Bryan,
SECONDED by Vice Chairman Solari, to approve the
replacement of the dead plants in the bed that is west of the
sidewalk (between 26th and 33rd Streets and up to the wall), and
authorize staff to issue the permit so the HOA could reestablish
irrigation in the right-of-way at their own risk.
Mr. DeGeorge felt the policy should had been explained better
and believed they should receive compensation.
Further discussion ensued regarding the original design
standards; safety issues; and the cost estimate of the damage.
MOTION WAS AMENDED by Commissioner O’Bryan, to
replace any dead plants in beds that are west of the sidewalk
and up to the wall (between 26th and 33rd Streets). Motion
DIED for lack of a SECOND.
MOTION WAS AMENDED by Commissioner O’Bryan,
SECONDED by Vice Chairman Solari, to TABLE this item;
direct staff to walk the sidewalk and identify the damage to the
landscaping beds west of the sidewalk up to the wall; and return
to the Board with accurate estimates.
BoardofCountyCommissionMinutes
January20,2015
Page10
Administrator Baird asked if three bids should be obtained and
the Chairman agreed.
Commissioner Zorc suggested the HOA define the damage east
of the sidewalk and west of the sidewalk, as two separate
estimates, and bring the information back to the Board.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called for a break at 10:47 a.m., and reconvened
the meeting at 10:55 a.m., with all members present.
C.
PUBLIC NOTICE ITEMS
None
11.
COUNTY ADMINISTRATOR MATTERS
None
12.
DEPARTMENTAL MATTERS
A.
Community Development
None
B.
Emergency Services
None
C.
General Services
None
1.
Human Services
None
2.
Sandridge Golf Club
None
3.
Recreation
None
BoardofCountyCommissionMinutes
January20,2015
Page11
D.
Human Resources
None
E.
10:56
a.m.
Office of Management and Budget
1.
Policy Direction – Dori Slosberg Driver Education Fund
(memorandum dated January 14, 2015)
Management and Budget Director Jason Brown provided
background on the Dori Slosberg Driver Education Fund, and
noted that in 2010, the Indian River County School District
stopped providing driver education courses in the high school
because of funding constraints. Due to the significant interest to
help provide driver education to local students, staff inquired
whether the School District would consider restarting a driver
education program, and they expressed interest, with the
understanding that the program would be funded by the Dori
Slosberg fee. He explained the options available for the
provision of driver education for Indian River County students,
and asked the Board to make a policy decision on whether to
charge the Dori Slosberg fee of $5.00 on traffic citations.
147-149
A brief discussion ensued regarding training through virtual
online classes and behind the wheel, and the revenue being
available equitably to all educational institutions in the County.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Zorc, to direct staff to draft an
Ordinance to reinstitute the Dori Slosberg fund.
Alma Lee Loy supported Harriet Greene in her efforts to
promote traffic safety for teenagers, the Dori Slosberg Driver
Education Safety Act, and the Indian River County Traffic
Education Program Trust Fund.
Tom Lockwood, 2230 Falls Circle, voiced support for the
program.
John Bolen, Drivers Education teacher in Stuart, FL,
commended Ms. Greene and Ms. Loy for their efforts in
promoting traffic safety for teenagers.
Shawn Frost, 6700 77th Street, Education Activist, supported
bringing the driver’s education program back into the schools.
Debra Taylor-Long, Director for Secondary Education for
Indian River County School District, spoke on behalf of the
Superintendent - they both supported the program.
BoardofCountyCommissionMinutes
January20,2015
Page12
Harriet Greene voiced her passion for youth safety and the Dori
Slosberg Driver Education Program.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
F.
Public Works
None
G.
11:18
a.m.
Utilities Services
1.
Draft Alternative Water Supply Plan – Phase I Preliminary
Evaluation
(memorandum dated January 9, 2015)
Jill Grimaldi, Senior Project Manager with CDM Smith, Inc.
(CDM), used a PowerPoint presentation to outline the draft
Alternative Water Supply Evaluation report, which included:
the six proposed phases of the project; existing conditions;
reservoir sizing; the existing water treatment plant capacity;
agricultural demand; required acreage; pollutant load
reduction; cost estimates; aquifer storage/recovery; and the
pros and cons of adding a surface water reservoir (SWR) or an
Aquifer Storage and Recovery (ASR).
150-168
Discussion
ensued
throughout
the
presentation
as
Commissioners posed questions to staff and expressed opinions
regarding CDM’s report.
Commissioner O’Bryan read the Indian River Neighborhood
Association’s comments into the record, which supported staff’s
recommendation (on file).
The Chairman called for a break at 12:33 p.m., and reconvened
the meeting at 12:43 p.m., with all members present.
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner Flescher, to distribute the study to all
stakeholders, especially St. Johns River Water Management
District and incorporate their comments in the final report.
Commissioner O’Bryan pointed out that the second part of
staff’s recommendation was to negotiate a cost proposal with
CDM to embark on Phase 2 – modeling to determine the
available volume of water in the Sebastian canal system. He
saw no reason to delay obtaining information on the amount of
water available, because regardless of what the Board should
BoardofCountyCommissionMinutes
January20,2015
Page13
decide, the information will help the Board evaluate and
determine which system to go with.
Discussion ensued regarding data collection, unknown water
factors, and identifying the source origin of nitrogen and
phosphorous.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to include authorizing
staff to negotiate on a cost proposal with CDM.
Robert Adair, member of the Soil and Water Conservation
District for Indian River County, applauded staff’s report; felt
the information would be crucial for developing a long-term
water supply; and asked the Board to continue looking at the
cost advantages of ASR. He also encouraged the Board to move
forward, and keep the process open to the stakeholders.
Chairman Davis asked staff to put the draft Alternative Water
Supply Evaluation report on the County’s website.
Helene Caseltine, Economic Development Director, Indian
River
Chamber
of
Commerce,
supported
staff’s
recommendation and believed the information was crucial for
economic development purposes.
Chairman Davis asked if the motion was clear and Vice
Chairman Solari said to make it staff’s recommendation.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the distribution of
the study to all stakeholders, especially St. Johns River Water
Management District and to incorporate their comments in the
final report; and authorized staff to negotiate on a cost proposal
with CDM to embark on Phase 2 – Modeling to determine the
available volume of water in the canal system.
13.
12:53
p.m.
COUNTY ATTORNEY MATTERS
A.
2015 Committees Vacancies – Appointments
(memorandum dated January 13, 2015)
County Attorney Dylan Reingold reviewed the committee vacancies
and qualified applicants for the designated positions, and requested the
Board review the list and decide which applicants to appoint. Although
the Children’s Services Advisory Committee vacancy for Members at
Large was listed in the Agenda Packet, he requested the Board wait
BoardofCountyCommissionMinutes
January20,2015
169-172
Page14
until the February 10, 2015, Board of County Commission meeting to
make an appointment.
In response to Commissioner O’Bryan, Attorney Reingold disclosed
that the Children’s Services Advisory Committee vacancy was brought
to the Board as an “Informational Item” on January 6, 2015.
ON MOTION by Commissioner O’Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously appointed John Dyer to the
Economic Development Council for a 4-year term.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously appointed Chad R.
Hamlin to the Enterprise Zone Development Agency for a 4-year term.
12:56
p.m.
B.
Extension of Lease Agreement with Gifford Youth Activity Center, Inc.
(memorandum dated January 12, 2015)
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to approved Resolution 2015-013, approving a
First Amendment to Lease Agreement with the Gifford Youth Activity
Center, Inc., for County owned property known as the Gifford Youth
Activity Center, Inc.
173-179
Commissioner O’Bryan asked that the name on the documents reflect
their new name, “Gifford Youth Achievement Center, Inc.”
MOTION WAS AMENDED by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to approve Resolution 2015-013, approving a
First Amendment to Lease Agreement with the Gifford Youth
Achievement Center, Inc. (f/k/a Gifford Youth Activity Center, Inc.),
for County owned property known as the Gifford Youth Achievement
Center.
Freddie Woolfork, 4590 57th Avenue, thanked the Board for their
continued support, the Lease Extension, and for recognizing the name
change.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
12:59
p.m.
C.
Addition - Emergency Item: Request to Appeal Final Orders Issued by
the Department of Juvenile Justice (Memorandum dated January 15,
2015)
Assistant County Attorney Kate Pingolt Cotner provided background
on three pending administrative cases challenging the Department of
Juvenile Justice’s (DJJ) implementation of the cost sharing scheme, and
BoardofCountyCommissionMinutes
January20,2015
Page15
the official Stipulation of Facts Agreements that Indian River County,
as well as other Counties, entered into December of 2013. She said
almost a year after the DJJ received jurisdiction, it issued Final Orders
for the challenges, and after the County Attorney’s office received
copies of the Final Orders on January 13, 2015, it was discovered that
the Final Orders were flawed - they included cost-sharing calculations
based on a set of administrative rules that Indian River County has
been challenging in litigation. She requested the Board authorize the
County Attorney’s office to file an appeal with Florida’s First District
Court of Appeals for the Final Orders issued by DJJ.
MOTION WAS MADE by Commissioner O’Bryan, SECONDED by
Vice Chairman Solari, to authorize Indian River County to file an
appeal with Florida’s First District Court of Appeals to challenge the
Department of Juvenile Justice’s Final Orders for Case Number 110995, et al., which challenged the cost-sharing estimates for Fiscal Year
2009-2010, Case Number 11-5894 which challenged the cost-sharing
estimates for Fiscal Year 2010-2011, and Case Number 13-1442, et al.,
which challenged the cost-sharing estimates for Fiscal Year 2011-2012.
Chairman Davis asked if Indian River County would be joining the
other Counties.
Attorney Pingolt Cotner explained that each County is in a different
situation; therefore, Indian River County would be representing itself.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
14.
1:03
p.m.
COMMISSIONERS MATTERS
A.
Commissioner Wesley S. Davis, Chairman
Addition - Emergency Item: Venue Request from American
Coalition for Property Rights and Florida Not All Aboard
Chairman Davis asked the Board to consider granting the
American Coalition for Property Rights and Florida Not All
Aboard’s request to use the parking lots adjacent to the
Administration Building for a public event on Saturday, March
7, 2015, from 1:00 p.m. until 4:00 p.m.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Davis, to grant the American
Coalition for Property Rights and Florida Not All Aboard’s
request to use the parking lots adjacent to the Administration
Building for a public event on Saturday, March 7, 2015, from
1:00 p.m. until 4:00 p.m.
BoardofCountyCommissionMinutes
January20,2015
Page16
Attorney Reingold mentioned that there may be additional
requirements that need to be met before the groups proceed.
He reminded the Board that if they grant approval to one
group, they will essentially be agreeing to all groups.
Vice Chairman Solari noted that the venue requested was for
Saturday, not during office hours.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
B.
Commissioner Bob Solari, Vice Chairman
None
C.
Commissioner Joseph E. Flescher
None
D.
Commissioner Peter D. O’Bryan
None
E.
Commissioner Tim Zorc
None
15.
SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
1:09
p.m.
B.
Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are available separately.
1.
Approval of Minutes Meeting of December 16, 2014
2.
Amendment No. 6 to Republic Services
(memorandum dated January 6, 2015)
180-184
Final Pay for CDM Smith Work Order No. 8 – 2014 Annual Permit
Compliance Monitoring & Reporting
(memorandum dated January 9, 2015)
185-194
3.
BoardofCountyCommissionMinutes
January20,2015
Page17
4.
C.
Request to Bid on the Former Indian River Correctional Institution
(memorandum dated January 12, 2015)
195-199
Environmental Control Board
None
16.
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
1:28 p.m.
ATTEST:
________________________________
_______________________________
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
Wesley S. Davis, Chairman
By: _____________________________
Deputy Clerk
Approved: _____________________
BCC/LA/2015Minutes
BoardofCountyCommissionMinutes
January20,2015
Page18
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
SPECIAL CALL MEETING
WEDNESDAY, JANUARY 28, 2015 - 1:00 PM
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O’Bryan
Tim Zorc
DISTRICT
District 1
District 5
District 2
District 4
District 3
Present
Present
Present
Present
Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Terri Collins-Lister, Deputy Clerk
1.
CALL TO ORDER
1:00 P.M.
2.
INVOCATION
Commissioner Wesley S. Davis, Chairman
3.
PLEDGE OF ALLEGIANCE
Dylan Reingold, County Attorney
4.
ITEMS
1:01
p.m.
A.
Present
Present
Present
Present
PAGE
Discussion of the Preliminary and Tentative Findings by the Florida Auditor
General concerning Florida Municipal Power Agency
(Auditor General Report Dated January 21, 2015)
1-30
The Indian River County Board of County Commissioners held a Special Call
Meeting on January 28, 2015 at 1:00 p.m. to discuss the Preliminary and
Tentative Findings (The Findings) by the Florida Auditor General in his
Executive Summary concerning the Florida Municipal Power Agency
(FMPA).
Attorney Reingold reviewed the financial findings and questionable
expenditures of the FMPA. He indicated the FMPA has thirty (30) days after
receipt of the list of written statement of explanation concerning all of the
findings with actual or proposed corrective actions.
SpecialCallMeeting
January 28, 2015
Page1
Attorney Reingold concluded the activities of the FMPA listed in the Auditor
General’s findings was a serious matter that affects all citizens in the State of
Florida. He wanted the Board to focus on a statewide comprehensive solution
and strategy to this problem and recommended hiring a firm to assist the
County in getting out this statewide message. He suggested the Board call
upon the Florida Legislature to conduct hearings and he believed the Florida
Public Service Commission (PSC) should have oversight of the FMPA. He
mentioned State Representative Debbie Mayfield has legislation in bill drafting
in regards to the PSC governing the FMPA.
The Board of County Commissioners shared their concerns on the FMPA’s
inconsistency, and the risks taken in excess of industry practices’ and County
Administrator Baird pointed out the biggest part of FMPA’s demand charge
was debt service.
Discussion ensued with remarks from the Board on the FMPA’s magnitude of
loss from bad decisions, interest rate swaps, salaries, and state requirements for
meal and vehicle allowances.
Chairman Davis opened the Public Hearing.
Mr. John McCord encouraged the Board to contact their legislative delegations
to make changes and was disgusted on the Auditor General’s Findings
regarding FMPA’s operations. He wanted to see the City of Vero Beach (the
City) seek damages on behalf of its customers and demand that its contracts
with FMPA be annulled.
Dr. Stephen Faherty discussed the Auditor General’s Findings and pointed out
there were items that should have been picked up in a regular audit.
Harry Howle, 765 Broadway Street, stated the Florida Municipal Electric
Authority was another agency that needs to be audited.
Pilar Turner spoke on behalf of herself and made remarks on the FMPA’s
interest rate swaps. She pointed out FMPA, as part of a governmental entity,
had no operational audit within 37 years of the FMPA’s history. She affirmed
that FMPA’s gross mismanagement was being passed on to the ratepayers.
Glenn Heran did not believe PSC control would solve the inherent
inefficiencies of monies in the FMPA. He asked the Board to take some
specific action in respect to promoting legislation by: 1) request auditor go
back and look at the Fair Market Value of the underlining generation assets of
the FMPA; and 2) amend the contracts to allow a member city to exit the
FMPA through an agreement with the FMPA members or legislatively.
SpecialCallMeeting
January 28, 2015
Page2
Clerk of Circuit Court and Comptroller Jeffrey R. Smith indicated State
Representative Debbie Mayfield was a member of the Legislative Auditing
Committee, and he suggested giving her the information. In addition, he
expounded on the comments heard, and recommended the Board look at what
Purvis Gray & Company, CPA Firm, had to say about the internal control
structure of the FMPA.
J. Rock Tonkel voiced it would ultimately be a judicial action or legislative
solution in order to bring about the changes and accountability to the FMPA.
Mark Mucher, 617 Indian Lilac Road, wanted the items that “fell through the
cracks” in the audit to be readdressed.
Dan Stump said it would take a judicial action, not legislative acts, to get the
City and outside city electric ratepayers to become customers of Florida Power
& Light.
Gerard Weick, as a ratepayer, questioned the amount that FMPA spends on
lobbyists, and wanted to know their names.
Caroline Ginn gave a brief history on FMPA and described the structure.
There were no additional speakers, and the Chairman closed the Public
Hearing.
Discussion ensued on the audit and how it was funded, and the FMPA Board
and its membership. Attorney Reingold explained the Auditor General was
given authorization to spend $200,000 for subject matter experts.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Zorc, to request the Auditor General and the Joint Legislative
Auditing Committee of the Florida Legislature to use the remaining $200,000
allocated for audits from funds in the State’s Specific Appropriation 2685,
General Revenue Fund to:
1. Determine the Fair Market Value of the Generation Assets.
2. Determine Fair Market Value of the Florida Municipal Power Agency
as a whole.
3. Prepare three years of pro forma financial statements from FMPA
based on the Governmental Accounting Standards Board which would
include: a balance sheet, profit and loss statement, and two cash flow
statements.
4. Review the Purvis Gray & Company comments regarding the Florida
Municipal Power Agency’s internal policies and controls.
5. Include the Florida Municipal Electric Authority to the scope of the
audit or the pro formas to be performed.
SpecialCallMeeting
January 28, 2015
Page3
Discussion ensued by Commissioner Zorc for clarification of the motion.
The Chairman recapped the motion and CALLED THE QUESTION, and the
motion carried unanimously.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Zorc to:
1. Ask our Legislative Delegation to prompt the State of Florida to
investigate through legislative hearings the activities of the Florida
Municipal Power Agency.
2. Engage in a statewide dialogue with Utility Members of the Florida
Municipal Power Agency or other interested entities on their activities.
3. Hire professional support to help with the statewide dialogue regarding
the Florida Municipal Power Agency.
Under Discussion, Vice Chairman Solari stated the fact that the overall goal
was the sale of the electric system to Florida Power & Light. Chairman Davis
recapped the motion and County Administrator Joe Baird asked the Board to
give County staff the authority to begin the process immediately.
Dr. Stephen Faherty proposed including the Florida League of Cities and the
Florida Association of Counties in the statewide dialogue.
The Chairman CALLED THE QUESTION and the motion carried
unanimously.
MOTION WAS MADE by Commissioner O’Bryan, SECONDED by
Commissioner Flescher, to: (1) add to the County’s Legislative Priorities, the
amendment to Florida Statutes Chapter 366, Section 02, which propose the
Florida Municipal Power Agency be placed under the Florida Public Service
Commission’s regulation; and (2) ask County staff to research what avenue
the County should proceed with in order to get the Florida Municipal Power
Agency to follow many of the laws applicable to local governments including
municipalities
The Chairman CALLED THE QUESTION and the motion carried
unanimously.
SpecialCallMeeting
January 28, 2015
Page4
5.
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
3:05 p.m.
ATTEST:
________________________________
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
________________________________
Wesley S. Davis, Chairman
By: _____________________________
Deputy Clerk
Approved: _______________________
BCC Special Call /TCL/2015Minutes
SpecialCallMeeting
January 28, 2015
Page5
BOARD OF COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
EMERGENCY SERVICES DISTRICT
MEETING MINUTES
TUESDAY, DECEMBER 16, 2014
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COMMISSIONERS
DISTRICT
Wesley S. Davis, Chairman
District 1
Present
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O’Bryan
Tim Zorc
District 5
District 2
District 4
District 3
Present
Present
Present
Present
DVD
TIMES
15.
CALL TO ORDER
2:59 P.M.
Present
Present
Present
Present
PACKET
PAGE
SPECIAL DISTRICTS AND BOARDS
A.
2:59
p.m.
Michael Zito, Assistant County
Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Emergency Services District
1.
Emergency Services District
December 16, 2014
Design Services Contract (Part I Agreement) with Barth
Construction, Inc. for the Construction of Fire Rescue Station #14
(memorandum dated December 8, 2014)
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner O’Bryan, the Board unanimously approved the
Part I Agreement with Barth Construction, Inc., as reasonable
compensation for the proposed work for Fire Station 14; and
authorized the Chairman to execute the Agreement to allow
staff to begin negotiating the construction services (Part II
Agreements) costs for each Emergency Services project site.
161-176
Page 1
3:00
p.m.
2.
Approval of Pre-construction Work for Renovations on Fire Rescue
Station #1 (1500 Old Dixie Highway)
(memorandum dated December 5, 2014)
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner Flescher, to approve the pre-construction cost
for renovations on Fire Station #1 at 1500 Old Dixie Highway.
177-193
John O’Connor, President, Indian River County Firefighters
Association, International Association of Fire Fighters, I.A.F.F.,
Local 2201, elaborated on his concerns that Suspect Visible
Mold (SVM) was noted in the inspection report for Fire Station
#1. He stressed the need to protect the health of the employees
at the stations, and was concerned that the contract up for
approval today is with Barth Construction, Inc., which is not a
Florida State Certified Mold Specialist.
Fire Chief John King, Director of Emergency Services, assured
Mr. O’Connor that the results of an air quality report showed
no indoor air quality issues at Fire Station 1.
A lengthy discussion ensued as Mr. O’Connor, the Board, and
staff exchanged comments about the possibility that further
investigation would confirm the suspicion of mold within the
building, and regarding the steps that staff will undertake to
make sure any necessary remediation is taken by accredited
mold specialists.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
3:17
p.m.
3.
Emergency Services District
December 16, 2014
Final Payment to Dato Construction Inc. for IRC Bid #2014047,
Replacement of Roof at Fire Rescue Station #11
(memorandum dated December 8, 2014)
ON MOTION by Commissioner O’Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the Final
Payment request to Dato Construction, Inc., in the amount of
$38,966.17.
194-196
Page 2
3:18
p.m.
4.
Work Order #3 for Fire Rescue Station #13 (4th Street and 43rd
Avenue)
(memorandum dated December 3, 2014)
MOTION WAS MADE by Commissioner O’Bryan,
SECONDED by Chairman Davis, to approve Work Order No. 3
with Barth Construction, Inc., for future Fire Rescue Station
#13 at 4th Street and 43rd Avenue.
197-202
Commissioner Flescher asked for an explanation of the
additional costs associated with the Design/Build Agreement
Phase I with Barth Construction, Inc.
Assistant Fire Chief Brian Burkeen detailed the elevation
conflict that was found between the proposed water outfall
structure and the existing water main along 4th Street, and
confirmed that the most cost effective solution was being
presented to the Board.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
ADJOURNMENT
There being no further business, the Chairman declared the Emergency Services District meeting
adjourned at 3:21 p.m.
ATTEST:
________________________________
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
________________________________
Wesley S. Davis, Chairman
By: _____________________________
Approved: _______________________
BCC/MG/2014Minutes
Emergency Services District
December 16, 2014
Page 3
BOARD OF COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE DISPOSAL DISTRICT
MEETING MINUTES
TUESDAY, JANUARY 6, 2015
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COMMISSIONERS
DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O’Bryan
Tim Zorc
District 1
District 5
District 2
District 4
District 3
Present
Present
Present
Present
Absent
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Leona Adair Allen, Clerk to the Board
DVD
TIMES
PACKET
PAGES
CALL TO ORDER
15.
Present
Present
4:01 P.M.
SPECIAL DISTRICTS AND BOARDS
B.
4:01
p.m.
4:02
p.m.
SolidWasteDisposal
January6,2015
Solid Waste Disposal District
Approval of Minutes – Meeting of November 18, 2014
1.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O’Bryan, the Board by a 4-0 vote (Commissioner
Zorc absent), approved the Solid Waste Disposal Meeting
minutes of November 18, 2014.
2.
Work Order No. 2 to Kessler Consulting, Inc., for Feasibility of
Solid Waste Processing and Recycling Services
(memorandum dated December 22, 2014)
207-213
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board by a 4-0 vote (Commissioner Zorc
absent), authorized staff to piggy-back Okaloosa County
Contract No. C10-1781-PW, approve Work Order No. 2 with
Kessler Consulting, Inc., in the amount of $50,950, to provide
solid waste procurement services; and authorized the Chairman
to execute same.
Page1
4:03
p.m.
3.
CCNA-2014-Work Order No. 1 to Geosyntec to Provide
Engineering Services for Class I Landfill Permit Renewal and
Landfill Operations Support
(memorandum dated December 30, 2014)
214-234
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board by a 4-0 vote (Commissioner Zorc
absent), approved and authorized the Chairman to execute
CCNA-2014 Work Order No. 1, authorizing Geosyntec to
provide engineering services for renewal permit applications
and landfill operations support services, in accordance with the
Scope of Work for a not to exceed budget of $180,945.
ADJOURNMENT
There being no further business, the Chairman declared the Solid Waste Disposal
District meeting adjourned at 4:03 p.m.
ATTEST:
________________________________
_______________________________
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
Wesley S. Davis, Chairman
By: _____________________________
Deputy Clerk
SolidWasteDisposal
January6,2015
Approved: _____________________
Page2
BOARD OF COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
SOLID WASTE DISPOSAL DISTRICT
MEETING MINUTES
TUESDAY, JANUARY 20, 2015
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COMMISSIONERS
DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O’Bryan
Tim Zorc
District 1
District 5
District 2
District 4
District 3
DVD
TIMES
Present
Present
Present
Present
Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
CALL TO ORDER 1:09 p.m.
Present
Present
Present
Present
PACKET
PAGES
15. SPECIAL DISTRICTS AND BOARDS
B.
1:09
p.m.
Solid Waste Disposal District
Approval of Minutes Meeting of December 16, 2014
1.
ON MOTION by Commissioner O’Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the Solid Waste
Disposal District meeting minutes of December 16, 2014, as written.
1:10
p.m.
2.
Amendment No. 6 to Republic Services
(memorandum dated January 6, 2015)
180-184
ON MOTION by Commissioner Flescher, SECONDED by Chairman
Davis, by a 4-1 vote (Vice Chairman Solari opposed), the Board: (1)
approved the Sixth Amendment to Contract Agreement with Republic
Services of Florida, the landfill contract for operating the Winter Beach
Customer Convenience Center (CCC), and for increasing their annual
contract by $250,000; and (2) authorized the Chairman to execute same.
1:10
p.m.
3.
Final Pay for CDM Smith Work Order No. 8 – 2014 Annual Permit
Compliance Monitoring & Reporting
(memorandum dated January 9, 2015)
185-194
Solid Waste Disposal District
January 20, 2015
Page 1
ON MOTION by Commissioner O’Bryan, SECONDED by Chairman
Davis, the Board unanimously approved CDM Smith’s final invoice in
the amount of $2,169.70.
1:10
p.m.
4.
Request to Bid on the Former Indian River Correctional Institution
(memorandum dated January 12, 2015)
195-199
The Commissioners discussed and debated staff’s memorandum
regarding the former Indian River Correctional Institution property
going up for sealed bid auction; the process; and whether it would be in
the best interest of the County to pursue options to acquire the property.
Fred Mensing suggested going to the State and requesting the property
be sold to Indian River County for $1.00, or ask for it to be donated to
us, since it is surplused property.
Attorney DeBraal explained the rules regarding surplussed land.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to decline the opportunity to participate in the
bid process for the former Indian River Correctional Institution, and
direct staff to observe the process to see if the property value changes, so
a bona-fide offer could be made for what the Board believes it is worth.
Discussion ensued regarding concerns of contamination; whether to
obtain an environmental assessment; the property not being worth
$815,000; the risk of someone purchasing the property; and there not
currently being a strong need for the property.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:27 p.m.
ATTEST:
_________________________________
________________________________
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
Wesley S. Davis, Chairman
By: ______________________________
Deputy Clerk
Approved: ______________________
SWDD/LAA/2015 Minutes
Solid Waste Disposal District
January 20, 2015
Page 2