BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 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 Tim Zorc
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5.
PROCLAMATIONS and PRESENTATIONS
A.
B.
C.
March 17, 2015
9:00 A.M.
Presentation of Proclamation Designating March 15 through March 21, 2015
as Surveyors Week
1
Presentation of Proclamation Designating the Month of March, 2015, as
March for Meals Month
2
Presentation of Proclamation Designating April 12, 2015 to April 17, 2015,
as Indian River County Celebrating Children’s Week
3
Page 1 of 6
PAGE
6.
APPROVAL OF MINUTES
None
7.
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8.
CONSENT AGENDA
A.
B.
C.
D.
E.
F.
G.
H.
March 17, 2015
Approval of Warrants – February 27, 2015 to March 5, 2015
(memorandum dated March 5, 2015)
4-12
Resolution Formally Designating a Portion of County Owned Property
Along 26th Street as Right-Of-Way
(memorandum dated March 6, 2015)
13-20
Miscellaneous Budget Amendment 010
(memorandum dated March 9, 2015)
21-26
Approval of Award for Annual Bid 2015006 – Annual Bid for Sod
(memorandum dated March 10, 2015)
27-28
Request by VFW for Donation of Excess SRA Van
(memorandum dated March 9, 2015)
29-33
F.D.O.T. Small County Outreach Program (SCOP) Agreement and
Resolution Authorizing the Chairman’s Signature for Construction and
Construction Engineering Inspection (CEI) Services Aviation Boulevard/20th
Avenue Intersection Improvement – IRC Project No. 1422 – FM 437004-158-01
(memorandum dated March 17, 2015)
34-58
10’ Utility Easement for New 4th Street/43rd Avenue Fire Station
(memorandum dated March 11, 2015)
59-62
Renewal of Professional Coastal Engineering and Coastal Environmental
Services Agreement RFQ No. 2012050
(memorandum dated March 9, 2015)
63-75
Page 2 of 6
9.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A.
Indian River County Sheriff Deryl Loar
1.
2.
10.
PAGE
Request for $30,000 from Law Enforcement Trust Fund to be used to
purchase equipment and support programs and agencies
(letter dated February 26, 2015)
76-77
Request for $32,642.31 from Law Enforcement Trust Fund to be used
to purchase external vest carriers
(letter dated February 26, 2015)
78-79
PUBLIC ITEMS
A.
PUBLIC HEARINGS
None
B.
PUBLIC DISCUSSION ITEMS
None
C.
PUBLIC NOTICE ITEMS
1.
Noticed of Scheduled Public Hearings for March 24, 2015:
(memorandum dated March 9, 2015)
a.
Consideration of County-initiated Amendments to Land
Development
Regulations
(LDRs)
Chapter
902
(Administrative Mechanisms) and Chapter 915 (Planned
Developments) to Grant the Planning and Zoning
Commission the Authority to Approve Certain Modifications
to Planned Development (PD) Setbacks and Other
Dimensional Criteria and the Powers of the Board of
(Zoning) Adjustment to Grant Variances
Legislative
b.
11.
Faith Baptist Church, Inc. of Vero Beach, Fla.’s Request for
Special Exception Use Approval for a Modular Office
Addition
Quasi-Judicial
COUNTY ADMINISTRATOR MATTERS
None
March 17, 2015
Page 3 of 6
80
12.
DEPARTMENTAL MATTERS
A.
Community Development
None
B.
Emergency Services
PAGE
None
C.
General Services
None
1.
Human Services
a.
b.
2.
Children’s Services Funding Allocation for Fiscal
Year 2015/2016
(memorandum dated March 9, 2015)
81-83
Children’s
Services
Advisory
Committee’s
Recommendation RFP# 2015031 New Focus Areas
for 2015-16 and Sample Agency Contract to be
Used
(memorandum not dated)
84-151
Sandridge Golf Club
None
3.
Recreation
None
D.
Human Resources
None
E.
Office of Management and Budget
None
F.
Public Works
None
G.
Utilities Services
None
March 17, 2015
Page 4 of 6
13.
COUNTY ATTORNEY MATTERS
A.
B.
C.
14.
PAGE
Legislative Update
(memorandum dated March 11, 2015)
152
Resolution Urging Legislature and Governor Scott to Support Keeping the
National Navy UDT-SEAL Museum in Ft. Pierce
(memorandum dated March 11, 2015)
153-155
Potential Lawsuit Challenging U.S. Department of Transportation’s
Approval of the Issuance of $1,750,000,000 of Tax Exempt Private Activity
Bonds for All Aboard Florida
(memorandum dated March 11, 2015)
156-157
COMMISSIONERS MATTERS
A.
Commissioner Wesley S. Davis, Chairman
None
B.
Commissioner Bob Solari, Vice Chairman
1.
C.
Public Information Request
(memorandum dated March 11, 2015)
158-162
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
B.
Solid Waste Disposal District
1.
March 17, 2015
Summary of RFP No. 2015023 Solid Waste and Recyclables
Collection Services
(memorandum dated March 4, 2015)
163-167
Page 5 of 6
15.
SPECIAL DISTRICTS AND BOARDS
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.
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.
March 17, 2015
Page 6 of 6
2015 State of Florida
Legislative Update
Indian River County Priority
• Florida State Statute Chapters 180 and 153 – Water and Sewer Service Areas
• Our legislative efforts were effected by the results of the Public Service Commission’s ruling.
• Consequently, Indian River County has spoken to both the House sponsor and the Senate sponsor to bring the issue again next session.
Indian River County Priority
• Legislative Oversight of FMPA
• On January 21, 2015, the Florida Auditor General released a preliminary audit report of the Florida Municipal Power Agency (“FMPA”).
• On February 20, 2015, FMPA responded to the preliminary audit report.
• The Auditor General is currently reviewing the response submitted by the FMPA.
Indian River County Priority
• Reimbursement from the Department of Juvenile Justice
• Senator Negron is the Chair of the Appropriations Subcommittee on Criminal and Civil Justice. • Senator Negron has appointed Senator Bradley to be the point person for this issue.
• SB 1414 is being sponsored by Senator Bradley and it proposes to have the State of Florida responsible for paying 40% of all costs associated with the juvenile detention care centers. This would make all non‐fiscally restrained counties responsible for 60% of the above‐referenced costs.
• Counties have been asked to weigh‐in on various concepts in anticipation of a committee bill that will fix the current system.
• No bill has been filed yet in the House although it could possibly be released this week.
Indian River County Priority
• Boundary modification to Foreign Trade Zone 136
• Indian River County would like to be included in Foreign Trade Zone 136.
• In January of 2015, both Representative Mayfield and Senator Altman sent a letter to John Walsh, Executive Director of Canaveral Port Authority, requesting that the Canaveral Port Authority amend its charter for the Canaveral Port District to provide the ability to expand, operate and maintain the Foreign Trade Zone 136 within Indian River County.
• Commissioner Zorc has also reached out to Mr. Walsh and we are confident that Port Authority will consider a border modification of Foreign Trade Zone 136 next year.
Indian River County Priority
• Beach Restoration and Nourishment
• Indian River County has requested $225,000 for the Wabasso Beach post‐
construction project. We are ranked as number twelve (12) and we feel confident that this project will receive funding.
• Indian River County has also requested $50,000 for Segment 5‐ Vero Beach Rehabilitation. We are ranked number thirty‐nine (39) and our outside lobbyists are working with the Florida Shore and Beach Preservation Association to get this project funded.
Indian River County Priority
• Appropriation for Water Projects
• Sebastian Septic to Sewer Project ‐ $2,500,000
• Oyster Bed Reef Project‐ $75,000
• Alternative Water Supply Project‐ $175,000
Indian River County Priority
• Enterprise Zones
• The current program/structure is not going to be reauthorized by the Florida Legislature.
• House Bill 7067 would create a new enterprise zone program that would allow local governments to create their own respective enterprise zones if they agree to submit a properly executed resolution to the Department of Economic Opportunity which would exempt all newly established or expanding businesses from local ordinances unless the violation poses a direct threat to public health and safety.
Enterprise Zones (Continued) • HB 7067 would also exempt all newly established or expanding businesses from the following taxes and fees for 24 consecutive months:
• Business taxes,
• Impact fees,
• Business, professional and occupational regulatory fees,
• Green utility fees,
• Building permit fees,
• Special assessments, including but not limited to services associated with beach nourishment, restoration of downtown development, solid waste disposal, fire and rescue services, parking facilities, sewer improvements, stormwater management services, and water and sewer line extensions,
• Sign ordinance requirements, permits and fees, and
• Tree and landscaping ordinance requirements, permits and fees.
Indian River County Priority
• County Funding of Court Related Functions‐ currently no direct legislation.
• All Aboard Florida‐ Currently, no direct legislation.
Hazardous Walking Conditions HB 41 & SB 154
• The proposed legislation revises the criteria to determine hazardous walking conditions for public school students as well as revises procedures for inspection. • The proposed legislation would allow School Boards to sue counties under ch. 86 to determine if hazardous walking conditions exist. If condition is a hazardous walking condition, county would be required to place remedial action in 5‐year transportation work program, or justify in writing reasons that action will not be included. • Legislative staff has determined that there will be an increase in costs to local governments but is unsure as to the exact amount.
• FAC is working with bill sponsors with the goal of including a provision to allow local flexibility via interlocal agreement between school board and county (already required under 163.31777) and to remove ch. 86 action as the dispute resolution mechanism. • It is likely that some version will pass this year.
Local Government Construction Preferences
CS/HB 113 & SB 778
• Current law requires each state agency, university, college, school district or other political subdivision of this state to award a preference to Florida‐based businesses for the purchase of personal property through competitive solicitation even when the lowest responsible and responsive bud, proposal, or reply is by a vendor whose principal place of business is physically located in another state.
• The proposed legislation would expand the preferences down to the county level. • The proposed legislation also preempts counties from using local preference ordinances when a construction project includes 50% state funds. This means that the county would not be allowed to enforce any local ordinance or regulation that restricts a certified contractor from competing for the award based on the vendor’s principal place of business, their hiring from within the local jurisdiction, or prior payment of local taxes, assessments, or duties.
Location of Utilities HB 391 & SB 896
• Florida law requires that utility companies front the costs of removal or relocation of lines that are located “upon, under, over, or alongside” any publically owned road or rail corridor that are in the way of the continuous use, expansion or repair of the corridor.
• FDOT and local governments have a statutory right to prescribe and enforce reasonable rules regulating the placement of utility lines on, above, under, over, across, or alongside any public road or rail corridor, and counties are authorized to license a private entity to construct utilities under, over, upon, or alongside their roads, including those located inside easements parallel to, but not always within, the right‐of‐way.
• The proposed legislation changes the language of the statute to effectively narrow the authority of FDOT and local governments to regulate the placement of utility lines to those lines that are actually within the right‐of‐way, not the public or private easements running alongside it. Utilities companies would no longer be responsible for the costs of removing or relocating all of the utility lines located outside municipal, county and state right‐of‐ways due to expansion or maintenance work along that stretch of road or rail.
• Recently, the language of house bill was amended to be identical to the senate bill. The change clarifies that if a relocation is required due to a project by the transit authority or a third party, then the authority or third party must pay the cost of that relocation.
• AAF?
Public Works
HB 527 & SB 934
• Currently, counties (and other political subdivisions) seeking to construct or improve a public building must competitively bid the project if the projected cost is in excess of $300,000. The solicitation of competitive bids or proposals must be publically advertised in the Florida Administrative Register. In addition, working Floridians involved in the project must be guaranteed a minimum wage and the right to collective bargain. Such workers, however, are not explicitly required to participate in a labor union or labor organization.
• The proposed legislation prohibits the county, except when required by state or federal law, from requiring that a contractor, subcontractor, material supplier, or carrier engaged in public works:
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Pay employees a predetermined amount of wages or a wage rate,
Provide employees a specified type, amount, or rate of employee benefits,
Control or limit staffing,
Recruit, train, or hire employees from a designated or single source,
Designate any particular assignment of work for employees,
Participate in proprietary raining programs, or
Enter into any type of project labor agreement.
Public Works (Continued)
• The proposed language would also prohibit the state or a political subdivision that contracts for construction, maintenance, repair or improvement of public works from requiring a contractor, subcontractor or material supplier or carrier to become a party to any agreement with employees, their representatives, or any labor organization as a condition of bidding, negotiating, being awarded any bid or contract or performing work on a public works project.
• Finally, the proposed legislation provides that the state or a political subdivision may not prohibit a contractor, subcontractor or material supplier or carrier from submitting bids, being awarded a bid or contract, or performing work on a public works project if such an individual is otherwise qualified to do the work described.
Code Enforcement Officers
HB 345 & SB 708
• The proposed legislation mandates training requirements broad class of employees who enforce code under ch. 162, this includes firefighters, police, sheriff, animal control, and any employees that operate under the authority of 162. Training must be done by Florida Association of Code Enforcement (FACE). New hires would have to undergo 40 hours and current employees would have to take a skills test administered by FACE. After initial certification, 16 hours of maintenance training would be required. • Indian River County Code Enforcement staff has the required certification.
• Neither versions of these bills have been calendared for committee hearing
Regional Planning Councils HB 873 & CS/SB 484
• The state is currently divided into 11 Regional Planning Councils whose duties cover economic development/job creation, emergency contingency planning, and resolving issues related to land development and growth related activities.
• While the original language of SB 484 proposed to repeal the Regional Planning Council Act, the bill was amended last week. The current language of SB 484 allows for most of the regional planning councils to continue to operate, although one, the Withlacoochee RPC, would be dissolved.
• The new language also:
• Removes the Governor’s power to make the boundaries of the RPCs and gives that power to the Legislature,
• Gives the Governor the power to make recommendations to the Legislature regarding their boundaries,
• Designates 10 RPCs and their borders,
• Deletes several unnecessary or duplicative statutory duties of RPCs, and
• Appropriates $2.5 million in non‐recurring funds from the General Revenue Fund to RPCs for the completion of certain critical duties.
Relating to Growth Management HB 551 & SB 1424
The proposed legislation requires local governments to address protection of private property rights in their comprehensive plans; requires comprehensive plan to include property rights element that addresses certain objectives; requires counties and municipalities to adopt land development regulations consistent with property rights element.
Relating to Taxation HB101 & SB 140
• Currently, the rental or leasing of real property for purposes not exempted by law (like permanent residential dwellings) is subject to State’s 6 percent sales and use tax as well as any of the eight local discretionary sales surtaxes authorized by statute.
• One of the purposes of rental not currently exempted includes commercial uses.
• Proceeds from state sales tax are accounted for in the State’s general fund. Proceeds from local discretionary sales taxes are credited to and account for the local levying jurisdiction.
• Among other issues, the proposed legislation would reduce the sales tax rate on commercial leases by 1 cent from 6 cents to 5
cents. • Reduction of state sales tax revenues would negatively affect current revenue sharing programs that benefit Florida Counties. Both the Local Government ½ Cent revenue sharing program as well as the County Revenue sharing program are funded with contributions from the state general fund. Any reduction in these tax proceeds would create a potential corresponding reduction
in general fund revenues and potentially current funding obligations which include contributions to both revenue sharing programs.
• Furthermore, any measure affecting the application of local discretionary sales taxes would negatively affect revenues for those
local jurisdictions that currently employ such measures. Any reduction in these revenues would directly impact applicable local government jurisdictions in addition to the aforementioned impacts to other revenue sharing programs.
• The bill would have an estimated negative impact of approximately $31 million to local governments. • The County share of that negative impact ranges from about $18 million to $21 million.
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FAC is monitoring this bill very closely and will work with the bill sponsor to attempt to mitigate any potential negative fiscal impact if the bill passes.
Relating to Taxes SB 110
• Chapter 202, F.S., provides for the tax on communication services, including telecommunications, cable, Direct‐to‐Home satellite and related services. The communications services tax includes a state tax rate of 6.65 percent. Additionally, local governments enjoy authority to levy a local option tax on communication services.
• Direct‐to‐home satellite service is taxed at a rate of 10.8 percent. The local tax does not apply to these services. However, the state tax on Direct‐to‐Home satellite is higher than the state tax on other communication services and the amount of tax collected from the additional tax is distributed to local governments. • Collections – including taxes collected on Direct‐to‐Home satellite service – are deposited into the General Revenue Fund and a portion is distributed to local governments. • The proposed legislation would decrease the rate of Direct‐to‐Home Satellite Communications Service Tax to 8.8% and non‐satellite service that is distributed via section 212.20(6), F.S., from 63% to 54%.
• While the original language of the proposed legislation would have negatively affected current revenue sharing programs that benefit Florida Counties, the bill was recently amended to remove any negative fiscal impact to local governments.
• It is important to note that this is a priority of Governor Scott.
Health Coverage for Emergency Services
HB 681 & SB 516
• The proposed legislation would limit reimbursement for emergency medical services, including EMS/ambulance transport services, from non‐participating providers (i.e. a provider who is not in contract with the paying insurance company). Specifically, the bill establishes that payments to non‐participating providers are the greater of the following: • 1. An amount negotiated with the insurance company,
• 2. An amount calculated under the methodology generally used by the insurer to determine the reimbursement amount to a nonparticipating provider for the service (i.e. the usual, customary, and reasonable amount), or • 3. The Medicare rate.
• County ambulance providers are concerned that as it is currently drafted, this bill will set the default payment for out‐of‐network transports to the Medicare, which is generally well below the actual cost of providing the service. Further, the bill prohibits the practice of balance billing which allows providers to collect from the patient the difference of what was paid by the insurance company and actual cost. • In sum, SB 516 would significantly reduce revenues for county EMS departments, likely forcing many to request additional subsidies from county government.
• FAC has been working with the sponsor and expects an amendment to remove ambulance transport from the bill altogether, which would mitigate the expected negative impacts of the bill.
Relating to Medical Use of Marijuana HB 683 & SB 528
• The legislation proposes to create the “The Florida Medical Marijuana Act.” It would authorize limited use of marijuana for medicinal purposes. Specifically, it would allow registered patients and designated caregivers to purchase, acquire, and possess medical‐
grade marijuana subject to specified requirements. • The proposed legislation would preempt local regulations with for growing and processing facilities but would allow local zoning and other land development regulations to apply to retail facilities. • The proposed legislation would also allow counties to determine number and location of retail facilities in the county, which likely includes the ability to exclude retail facilities.
Health Insurance Affordability Exchange
SB 7044
• The funding of the Low Income Pool continues to be a big issue facing the state budget. • Senate Bill 7044 seeks to extend health care coverage to approximately 800,000 Floridians. Should Florida decide on some sort of expansion, it is believed that the federal funds we would receive would more than offset the lack of funding for the LIP. • Right now there is no companion bill in the House. Moreover, there is no sign that they are interested in taking up the measure at all this legislative session.
• Problem: the Senate is poised to release a proposed budget without the LIP funding and the House releasing one with the funds. If this happens the difference between the budgets could be over $1 billion. Amendment 1
• In 2014, Florida voters approved a constitutional amendment proposed by Florida’s Water and Land Legacy to provide a dedicated funding source for water and land conservation and restoration. The amendment requires that starting on July 1, 2015, and for the next 20 years, 33 percent of net revenues derived from the existing excise tax on documents (commonly known as “doc stamps”) must be deposited into the Land Acquisition Trust Fund (LATF) to be used for purposes articulated in the ballot language. Those purposes include:
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The acquisition and improvement of land, water areas, and related property interests, including conservation easements, and resources for conservation lands including wetlands, forests, and fish and wildlife habitat, Wildlife management areas,
Lands that protect water resources and drinking water sources, including lands protecting the water quality and quantity of rivers, lakes, streams, springsheds, and lands providing recharge for groundwater and aquifer systems, Lands in the Everglades Agricultural Area and the Everglades Protection Area,
Beaches and shores,
Outdoor recreation lands, including recreational trails, parks, and urban open space, Rural landscapes,
Working farms and ranches, Historic or geologic sites, and Together with management, restoration of natural systems, and the enhancement of public access or recreational enjoyment of conservation lands.
• The Amendment specifically prohibits the comingling of LATF funds with the state’s General Revenue Trust Fund.
Amendment 1 (continued)
• The Governor: has filed a proposed conforming bill along with his proposed budget that would restructure § 201.15 to comport with Amendment 1. The conforming bill would, after debt service reductions, first allocate 25.7 percent or $150 million toward Everglades protection; 8.6 percent of $50 million for springs protection, and $150 million for land acquisition and management. Oher doc stamp programs would then be funded from the remainder, after service charges, by specified percentages.
Amendment 1 (continued)
• SB 586 – restructures the documentary stamp allocation formula to ensure that the Land Acquisition Trust Fund (LATF) received at least 33 percent of the net revenues pursuant to Amendment 1. • Under this distribution, the State and Local Housing Trust Funds would receive $154 million instead of $266 million. This results in an estimated $112 million shortfall in the State and Local Housing Trust Funds. • HB 1291‐ restructures the documentary stamp allocation formula but maintains the current level of funding for the State and Local Housing Trust Funds, the Development Trust Fund, and the State Transportation Trust Fund. Instead, it reduces documentary stamp tax distribution to the General Revenue Fund. **In regards to creating a comprehensive statewide water policy, the Senate work shopped their (SB 918) for a second week in a row. The House bill (HB 7003) which passed last week, remains with no funding attached.