BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 22, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS
DISTRICT
Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Susan Adams Peter D. O’Bryan Tim Zorc
District 5 District 2 District 1 District 4 District 3
Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
PAGE
1.
CALL TO ORDER
2.
INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff’s Department
3.
PLEDGE OF ALLEGIANCE
Dylan Reingold, County Attorney
9:00 A.M.
OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS The Honorable Robert L. Pegg, Circuit Judge, Nineteenth Judicial Circuit Court of Florida ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN ELECTION OF BOARD OF COUNTY COMMISSION VICE-CHAIRMAN
November 22, 2016
Page 1 of 7
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5.
PROCLAMATIONS and PRESENTATIONS
PAGE
None 6.
7.
APPROVAL OF MINUTES Regular Meeting of October 4, 2016 A. B.
Regular Meeting of October 11, 2016
C.
Regular Meeting of October 18, 2016
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A.
8.
Public Design Workshop: Gifford Road Landfill Site Redevelopment Plan, Saturday, December 10, 2016, 9:30 am to 3:00 pm, Gifford Community Center, 4855 43rd Avenue
1
CONSENT AGENDA A.
B.
C.
November 22, 2016
Approval of Checks and Electronic Payments November 4, 2016 to November 10, 2016 (memorandum dated November 10, 2016)
2-9
Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund Report, Cumulative Reporting Through 09/30/16 (memorandum dated November 14, 2016)
10-11
Annual Resolution Delegating the Authority to the County Administrator or his designee, to execute Resolutions Calling Letters of Credit as Necessary during a Declared State of Local Emergency or Declared State of Florida Emergency Affecting Indian River County (memorandum dated November 14, 2016)
12-14
Page 2 of 7
8.
CONSENT AGENDA D.
E. F.
G.
H.
I. J. K.
L.
M.
N.
November 22, 2016
PAGE
Annual Resolution re Delegation of Authority Concerning Declarations of State of Local Emergencies and to Act in a State Declared Emergency Affecting Indian River County (memorandum dated November 14, 2016)
15-17
Annual Resolution re Signatories (memorandum dated November 14, 2016)
18-23
Approval to Reclassify Certain Positions to Non-Exempt and to Increase the Salary of Individuals in Exempt Positions to the New Minimum effective November 25, 2016 due to a Change in the FLSA White Collar Exemption which Becomes Effective December 1, 2016 (memorandum dated November 16, 2016)
24-26
Approval to Provide Lump Sum Bonus to Exempt Employees who Worked Additional Hours Related to Hurricane Matthew (memorandum dated November 16, 2016)
27-28
Approval to Renew the Agreement with Gehring Group dated May 11, 2010 to Provide Agent of Record Services Relating to Employee Benefits for One Additional One-Year Term (memorandum dated November 16, 2016)
29-39
Miscellaneous Budget Amendment 001 (memorandum dated November 10, 2016)
40-43
Declaration of Excess Equipment as Surplus for Sale or Disposal (memorandum dated November 15, 2016)
44-45
DiVosta Homes, LP’s Request for Final Plat Approval for The Lakes at Waterway Village 2A-2PD (memorandum dated November 7, 2016)
46-67
Amendment No. 1 to 12th Street Watermain Design Contract with MBV Engineering, Inc. (memorandum dated November 9, 2016)
68-72
Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International (memorandum dated November 8, 2016)
73-92
Florida Fish & Wildlife Conservation Commission Gopher Tortoise Habitat Management Funding Assistance (memorandum dated November 15, 2016)
93-105
Page 3 of 7
9.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
PAGE
None 10.
PUBLIC ITEMS A.
PUBLIC HEARINGS None
B.
PUBLIC DISCUSSION ITEMS None
C.
PUBLIC NOTICE ITEMS 1.
11.
Notice of Scheduled Public Hearing December 6, 2016: County Initiated Request to Amend the 5 Year Capital Improvements Program and Supporting Data and Analysis of the Capital Improvements Element of the Comprehensive Plan (Legislative) (memorandum dated November 3, 2016)
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
November 22, 2016
Page 4 of 7
106
12.
DEPARTMENTAL MATTERS D.
PAGE
Human Resources None
E.
Office of Management and Budget 1.
F.
Quarterly Budget Report (memorandum dated November 14, 2016)
107-117
Public Works None
G.
Utilities Services None
13.
COUNTY ATTORNEY MATTERS A. B. C. D. E.
14.
Tourist Development Council Vacancy Appointment (memorandum dated November 14, 2016)
118-126
Indian River County Committees – Member Reappointments (memorandum dated November 14, 2016)
127-131
Termination of the License Agreement for Jones Pier (memorandum dated November 16, 2016)
132-135
Request for Tenth Lease Amendment with St. Francis Manor (memorandum dated November 16, 2016)
136-151
Fellsmere Water Control District Interlocal Agreement for Maintaining Unpaved Roads (memorandum dated November 16, 2016)
152-162
COMMISSIONERS MATTERS A.
Commissioner Bob Solari None
B.
Commissioner Joseph E. Flescher None
November 22, 2016
Page 5 of 7
14.
COMMISSIONERS MATTERS C.
PAGE
Commissioner Susan Adams None
D.
Commissioner Peter D. O’Bryan None
E.
Commissioner Tim Zorc 1.
15.
Indian River Lagoon Council (memorandum dated November 15, 2016)
163
SPECIAL DISTRICTS AND BOARDS A.
Emergency Services District None
B.
C.
Solid Waste Disposal District 1.
Approval of Minutes Meeting of September 13, 2016
2.
Approval of Minutes Meeting of September 20, 2016
3.
Approval of Minutes Meeting of October 4, 2016
4.
Approval of Minutes Meeting of October 18, 2016
5.
Final Eighth Amendment to Feedstock Supply Agreement (memorandum dated November 16, 2016)
164-166
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. November 22, 2016
Page 6 of 7
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.
November 22, 2016
Page 7 of 7
Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
Meeting Minutes - Draft Tuesday, October 4, 2016 9:00 AM
Commission Chambers
Board of County Commissioners Bob Solari, Chairman, District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis, District 1 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
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
1. CALL TO ORDER ROLL CALL Present:
5 - Chairman Bob Solari Vice Chairman Joseph Flescher Commissioner Wesley Davis Commissioner Peter O'Bryan Commissioner Tim Zorc
2. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Item 5.E. Hurricane Update by Emergency Services Director John King to be heard following Item 4. Delete: Item 8.K. Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional Wastewater Treatment Facility System Delete: Item 10.B.1. Request to Speak from Wanda Scott Addition: Replacement Emergency Addition Item 12.A.2. First Amendment to Developer's Agreement for Millstone Landing PD Addition: Item 12.A.3. SLV Millstone, LLC's Request for Final Plat Approval for Millstone Landing PD Phases 4, 5, and 6
A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Agenda as amended. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
5. PROCLAMATIONS and PRESENTATIONS 5.A
16-782
Presentation of Proclamation Designating the Month of October, 2016, as National Domestic Violence Awareness Month
Attachments: Domestic Violence Awareness
Vice Chairman Flescher read and presented the Proclamation to Tom Manwaring, Indian River County Florida
Page 1
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Development Associate for SafeSpace. Also present were Karen Franke, Lt. Eric Flowers, Lewana Dupree, Angela Novak, and Linda Hengerer. 5.B.
16-783
Presentation of Proclamation Observing Margo Donadio Memorial-Fire Girls 5K Run Day
Attachments: Proclamation Donadio Memorial
Commissioner Davis read and presented the Proclamation to Anthony Donadio, Director of Emergency Services Fire Chief John King, and Melinda Judson from Indian River Fire Girls. 5.C.
16-825
Presentation of Proclamation Recognizing the 80th Anniversary of Florida's State Forests
Attachments: 80th Anniversary of Florida's State Forests
5.D.
16-820
Chairman Solari read and presented the Proclamation to Senior Ranger Brian Torres, Forest Ranger Raymond Kirkland, and Wildfire Mitigation Specialist Melissa Yunas. Presentation of Proclamation Designating October, 2016 as Manufacturing Month in Indian River County, Florida
Commissioner O'Bryan read and presented the Proclamation to Helene Caseltine, Economic Development Director Indian River County Chamber of Commerce; Dr. Casey Lunceford, Indian River State College; Dr. Michael Arnette, Indian River County School District; and Tim Girard, President of Girard Equipment. 5.E.
16-861
Emergency Addition: Presentation by Director of Emergency Services John King and Emergency Coordinator Etta LoPresti. Emergency Services Director John King, assisted by Emergency Management Coordinator Etta LoPresti, presented an overview of Hurricane Matthew and its potential impacts to Indian River County. Citizens were urged to prepare for the storm and various resources were provided to inform the public on disaster preparations, plans, and storm updates. County Administrator Jason Brown affirmed that preparations were underway for the possibility of Hurricane Matthew, and that staff would be communicating with County employees after the Board meeting. Clerk of Circuit Court and Comptroller Jeff Smith disclosed that should the storm occur, a contingency plan is in place to operate and pay bills. Commissioner O'Bryan announced that the Beachtown Music Festival, featuring Jake Owen, scheduled for October 7 and 8, 2016, has been cancelled due to the hurricane
Indian River County Florida
Page 2
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
threat. 6. APPROVAL OF MINUTES 6.A
16-802
September 14, 2016 Preliminary Budget Hearing
6.B
16-806
September 21, 2016 Final Budget Hearing A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve the minutes as written. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A.
Update On All Aboard Florida/Vero Electric Expenses
16-822
Attachments: Staff Report
All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses
7.B.
Event Venue Review Calendar
16-831
Attachments: Event Venue Calendar Review -2016-Oct4AgendaItemFF-
7.C.
Florida Public Service Commission Order No. PSC-16-0363-TRF-EI in re: Petition for approval of modifications to the approved premier power tariff and the government underground tariff and for approval of new government cost recovery contract, by Duke Energy Florida, LLC has been received and is available for review in the Office of the Clerk to the Board
16-835
8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc to approve the Consent Agenda as amended, pulling items 8.J. and 8.O. for discussion. Aye:
8.A.
16-784
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Approval of Checks and Electronic Payments September 9, 2016 to September 15, 2016
Attachments: October 4 Staff Report
Approved
8.B.
16-808
Indian River County Florida
Approval of Checks and Electronic Payments September 16, 2016 to Page 3
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
September 22, 2016 Attachments: Checks and Electronic Payments
Approved
8.C.
16-818
Recommended Action:
Lobbyist for 2017 Legislative Session The County Attorney’s Office recommends that the Board enter into an agreement with Anfield Consulting, Inc., for lobbying services for the term of January 1, 2017, to December 31, 2017, and authorize the County Administrator to execute the referenced agreement.
Attachments: Staff Report
Anfield consulting agreement Approved staff's recommendation.
8.D.
16-809
Recommended Action:
Resolution Establishing the Public Safety Coordinating Council for Criminal Justice, Mental Health and Substance Abuse The County Attorney’s Office recommends that the Board approve the resolution.
Attachments: Staff Report
Resolution Public Safety Council CJMHSA (09.26.16) Approved Resolution 2016-101, establishing the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse.
8.E.
16-823
Recommended Action:
Blue Goose Sand Mine (formerly known as Ranch Road Lake Sand Mine) - Transfer of Compliance and Restoration Escrow from Phase 1 to Authorize the Chairman of the Board of County Commissioners to execute the Cash Deposit and Escrow Agreement for Compliance and Restoration with regard to the transfer of escrowed funds from Phase 1 to Phase 3.
Attachments: Staff Report
Cash Deposit and Escrow Agreement for Compliance and Restoration Approved staff's recommendation.
8.F.
16-771
Authorization to Attend FGFOA and GFOA Annual Conferences and FGFOA School of Government Finance
Attachments: Staff Report
Approved staff's recommendation to authorize the County Administrator to attend the Government Finance Officers Association (GFOA) Annual Conference, the Florida Government Finance Officers Association (FGFOA) Annual Conference, the FGFOA School of Governmental Finance, and the quarterly meetings of the Indian River County Florida
Page 4
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Treasure Coast Chapter of the Florida Government Finance Officers Association.
8.G.
16-812
Recommended Action:
Approval of Renewal for a Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services. Approve renewal of the Class "A" Certificate of Public Convenience and Necessity for Indian River County Department of Emergency Services, to be effective for a period of two (2) years from October 15, 2016 to October 15, 2018.
Attachments: Staff Report-COPCN IRCES
COPCN Application-IRCES Approved staff's recommendation.
8.H.
16-792
Recommended Action:
Release of Retainage - Work Order No. 6 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring Surveys (WINTER) Staff recommends the Board approve the release of all withheld retainage under Work Order No. 6 in the amount of $4,950.
Attachments: Staff Report
Morgan Eklund Invoice for WO #6
Approved staff's recommendation.
8.I.
16-793
Recommended Action:
Release of Retainage - Work Order No. 8 Morgan & Eklund, Inc. 2016 Beach Profile Monitoring Surveys (SUMMER) Staff recommends the Board approve the release of all withheld retainage under Work Order No. 8 in the amount of $4,950.
Attachments: Staff Report
Morgan Eklund invoice for WO #8 Approved staff's recommendation.
8.J.
16-827
Recommended Action:
Indian River County Florida
North Sebastian Septic to Sewer Approval of Cost Share Funding Agreement Staff recommends approval of the Cost-Share Agreement and request the Board to authorize the Chairman to execute the same on their behalf. Please note that if, during the procurement process, bids are much higher than the engineer’s opinion of probable cost, the County has the option to close the Agreement early without addressing any construction. The early closeout of the Agreement would be brought as a new item to the Board at that time.
Page 5
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Attachments: Staff Report
Cost Share Agreement
Commissioner O'Bryan spoke on the economic and environmental benefits of this project. He also pointed out that funding for the project was received from the St. John's River Water Management District. Commissioner Davis discussed District 20 Senator Jack Latvala's recent visit to the County. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve and authorize the Chairman to execute the Cost-Share Agreement between the St. Johns River Water Management District and Indian River County. The Motion carried by the following vote: Aye:
8.K.
16-824
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional WWTF Wetlands System
Attachments: Staff Report
The agenda item was deleted. 8.L.
16-815
Recommended Action:
Request for Approval to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for a Service Development Grant Staff recommends that the Board of County Commissioners approve the Public Transportation Joint Participation Agreement and adopt the resolution authorizing the Chairman to execute the agreement.
Attachments: Staff Report
Attachment 1 - BCC Resolution Attachment 2 - Joint Participation Agreement Attachment 3 - Grant Budget Form Approved Resolution 2016-102, authorizing the execution of a Public Transportation Joint Participation Agreement with the Florida Department of Transportation.
8.M.
16-785
Recommended Action:
Indian River County Florida
Approval of Agreements for Continuing Professional Surveying and Mapping Services Firms RFQ# 2016029 IRC Projects No. 1605 Staff recommends approval of fee schedules and agreements between the County and the five (5) firms selected and requests the Board to authorize the Chairman to execute the agreements.
Page 6
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Attachments: Staff Report
Carter Agreement & Fee Schedule Southeastern Agreement & Fee Schedule Kimley-Horn Agreement & Fee Schedule CivilSurv Agreement & Fee Schedule Morgan & Eklund Agreement & Fee Schedule Approved staff's recommendation.
8.N.
Second Amendment to License Agreement with Fully Involved Event Productions, LLC.
16-830
Recommended Action:
Staff respectfully recommends the Board to approve the Second Amendment to the License Agreement and requests that the Board authorize its Chairman to execute on behalf of the County.
Attachments: Staff Report
Second Amendment for Rocktoberfest Fairgrounds License Agreement - Ver 4.docx
Approved staff's recommendation.
8.O.
Adoption of Revised Building Permit Fee Schedule, Reducing Permit Fee Valuation Factor by Five Percent
16-794
Recommended Action:
Staff recommends that the Board of County Commissioners adopt the resolution.
Attachments: Staff Report
Resolution Fee Schedule
Commissioner O'Bryan pointed out that the 5% reduction in the building permit fee schedule would be a boost for businesses and the construction industry. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve Resolution 2016-103, amending the Building Permit Fee Schedule reducing fees based on valuation (5% reduction). The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A.
16-798
Indian River County Florida
Indian River County Supervisor of Elections Leslie R. Swan: Certificate Regarding Matching Funds for the Federal Election Activities Grant for FY 2016-2017 and Certificate of Sufficient Equipment for 2016 General Election
Page 7
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Attachments: Supervisor of Elections Letter.pdf
Certificate Attachment D.pdf Certificate Attachment F.pdf
Supervisor of Elections Leslie Swan presented her request to the Board. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to authorize the Certificate Regarding Matching Funds, certifying that the Indian River County Board of County Commissioners will provide matching funds for the Federal Election Activities Grant for Fiscal Year 2016-2017, with the matching fund amount of 15% of the amount received from the state, or $3,797.08. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. 16-826
Recommended Action:
Fischer Lake Island Subdivision Phase 1 through 6 and Replat of 7 Petition Water Assessment Project UCP 4118, Public Hearing and the Adoption of Resolution No. III Open the public hearing and after receiving input, consider adoption Resolution No. III with any revisions based on that public input. Staff recommends that the BCC consider the following options: 1) Adopt Resolution No. III with the following items: a. Cost per parcel of $8,107.07 b. Sixty (60) benefitting parcels as part of the special assessment lien c. For benefitting parcels above in point b., allow property owners to finance the capital cost of $8,107.07 for up to 10 years, payable in ten equal yearly installments at an annual interest rate of 5.00% (set by the BCC each January).
Attachments: Staff Report
Resolution III Preliminary Assessment Roll
Proof of Publication for this Hearing is on file in the Office of the Clerk to the Board. Director of Utility Services Vincent Burke, in his PowerPoint Presentation, provided background and analysis on the proposed Fischer Lake Island Subdivision Water Assessment Project UCP 4118. He spoke on the possibility of the County providing a possible water fountain at the Canoe Launch area and fire hydrants to supplement the conservation area along Water Vliet Avenue. Indian River County Florida
Page 8
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
After responding to the Board's questions and comments, Director Burke advised that if the Board approves the Confirming Resolution or Resolution III (Resolution 2016-104), staff will move forward with the project. Individual Board Members spoke in support of the fire hydrants; however, potential issues were identified with regards to the proposed water fountain. Administrator Brown noted that the cost of the fire hydrants would be borne by the County Utilities Department, not included in the homeowners' special assessments. The Chairman opened the public hearing. John Maitner, 1514 Eagles Circle, displayed slides depicting a controlled burn and advocated for the County water connection and the fire hydrants. There were no additional speakers, and the Chairman closed the public hearing.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve Resolution 2016-104, confirming the special assessments in connection with a water main extension from 1501 Eagles Circle to and including 1581 Eagles Circle and 1532 Erica’s Way, within the subdivision of Fischer Lake Island, Phases One, Two, Three, Four, Five, Six and Replat of a portion of Seven, located within the City of Sebastian, in Indian River County, Florida; and providing for special assessment liens to be made of record. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc A motion was made by Vice Chairman Flescher, seconded by Chairman Solari, for the County to install two fire hydrants to supplement the conservation area along Water Vliet Avenue, with the costs to be borne by the County. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
B. PUBLIC DISCUSSION ITEMS 10.B.1. 16-797
Request to Speak from Wanda Scott, Gifford Economic Development Council, Regarding Updating Gifford Community Activities
Attachments: Request to Speak
This item was deleted. 10.B.2. 16-795 Indian River County Florida
Request to Speak from Bryant Jenks and Geoff Wolf of Old Sugar Mill Estates Regarding Temporary Permit for Waldo's Secret Garden Page 9
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Attachments: Public Discussion Form
Geoff Wolf, 4885 13th Lane, Old Sugar Mill Estates, spoke on Section 911.15(8)(b) of Indian River County Code, Commercial Event at Residence, which allows sites that are four acres or greater and zoned agricultural, or sites used for agricultural purposes to obtain permits to hold a commercial event at a residence. Mr. Wolf asked if the Board would entertain his suggestions and reconfigure the Ordinance with additional requirements to hold a commercial event at a residence. Commissioner O'Bryan thanked Mr. Wolf for coming forward with his concerns and suggestions, and said that the Board wishes to allow more time to evaluate the effectiveness of the rules it has thus far adopted into County Code.
10.B.3. 16-837
Request to Speak from Brian Heady Regarding Wrongful Charges Against Beachfront Property Owners
Attachments: Request to Speak Form
Brian Heady, 406 19th Street, addressed the Board regarding two Code Enforcement Board violations. One violation pertained to a homeowner charged with holding commercial events at a private residence; the other matter was related to a homeowner who was charged with violating sea turtle regulations. County Attorney Dylan Reingold, assisted by Chief of Environmental Planning and Code Enforcement Roland DeBlois, responded to Mr. Heady's comments. C. PUBLIC NOTICE ITEMS 10.C.1. 16-743
Notice of Scheduled Public Hearing for October 11, 2016: Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers. [Legislative]
10.C.2. 16-814
Notice of Scheduled Public Hearing for October 11, 2016: Application for a Certificate of Public Convenience and Necessity for a Class E1 Certificate from Stellar Transport to Provide Wheelchair and Non-Emergency Stretcher Transportation Originating in Indian River County
Attachments: Staff Report-Public Hearing Notice
County Attorney Dylan Reingold read the notices into the record. The Chairman called a recess at 10:42 a.m., and reconvened the meeting at 10:52 a.m.with all members present. Indian River County Florida
Page 10
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
11. COUNTY ADMINISTRATOR MATTERS 11.A.
Meetings of the Indian River County Board of County Commissioners - Proposed 2017 Meeting Dates
16-768
Attachments: Staff Report
Proposed Meeting Dates
County Administrator Jason Brown presented the Board with input about the proposed calendar of County Commission 2017 Meeting Dates. He noted that there would be five meetings in May, and that one Commissioner would be unable to attend the May 23, 2017 meeting. Chairman Solari asked Administrator Brown to keep the May 23, 2017 date on the calendar, in case there is a need for a meeting. He suggested that the meeting could be cancelled closer to the date, if there are no important items requiring the Board's attention. A motion was made by Commissioner Zorc, seconded by Commissioner O'Bryan, to approve the Indian River County Board of County Commission 2017 Meeting Dates, as presented. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. 16-813
Recommended Action:
Consideration of a Notice of Intent to Sell from Triple S Land Company and the County’s First Negotiation Rights to Acquire the Triple S Ranch Under the County’s Conservation Easement Staff recommends that the Board of County Commissioners refrain from exercising its first negotiation rights and authorize staff to notify Mr. Grantham that the County is not interested in fee simple acquisition of the Triple S Ranch property.
Attachments: Staff report
Attach 1 - Maps Attach 2 - Notice of Intent Attach 3 - Conservation Easement
Director Boling explained that the owner of the Triple S Ranch, Varley Grantham, intends to sell the property and that in accordance with the terms of the County's conservation easement, he must afford the County an opportunity to negotiate the acquisition of the property. Director Boling noted that Mr. Indian River County Florida
Page 11
Board of County Commissioners
Meeting Minutes - Draft
October 4, 2016
Grantham has done an excellent job of maintaining the ranch in conservation. Chief of Environmental Planning and Code Enforcement Roland DeBlois gave a PowerPoint Presentation to provide background and analysis on the Triple S Ranch property, which is deeded as a conservation easement. He outlined the pros and cons of maintaining the conservation easement versus acquiring a fee simple public ownership, and recommended that the Board notify Mr. Grantham that the County is not interested in fee simple acquisition of the Triple S Ranch. A motion was made by Commissioner O'Bryan, seconded by Commissioner Davis, to approve staff's recommendation. The motion carried by the following vote: Aye:
12.A.2. 16-842 Recommended Action:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
First Amendment to Developer's Agreement for Millstone Landing PD Staff recommends the Board approve the First Amendment to Developer's Agreement for Millstone Landing PD and authorize the Chairman to execute it on behalf of the Board.
Attachments: Staff Report
Millstone 1st Amend Dev. Agreement Replacement Emergency Addition Millstone Landing PD
Deputy County Attorney Bill DeBraal provided background on the Millstone Landing Planned Development (PD) and stated that the amendments to the Developer's Agreement pertain to the new milestones for the paving and improvements of 17th Street SW. Commissioner O'Bryan sought and received further information on the Certificates of Occupancy. Bruce Barkett, Esq., representing the developer, SLV Millstone, LLC, inquired whether right-of-way was needed from the Turtle Creek Project to complete the improvements. Public Works Director Richard Szpyrka acknowledged that a small sliver of property would be needed from Turtle Creek to completely build the right-turn lane, but it would not have a significant impact to the intersection improvements. He stated that staff has reached out to Turtle Creek regarding the right-of-way. Richard Desocio, 3387 Westford Circle SW, Millstone Landing, discussed the need for the intersection improvements. Attorney DeBraal informed the Board that there would be another amendment or amendments to the Developer's Agreement to bring all of the project's
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milestones in synchronization with the required improvements. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to approve staff's recommendation, with the changes outlined in the Replacement Emergency Addition. The motion carried by the following vote: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Aye:
SLV Millstone, LLC's Request for Final Plat Approval for Millstone Landing PD Phases 4, 5, and 6 [PD-04-04-08 / 2003100068-76768]
12.A.3. 16-990 Recommended Action:
Staff recommends that the Board of County Commissioners grant final plat approval for Millstone Landing PD Phases 4, 5, and 6, and authorize the Chairman to execute the Agreement Concerning Off-Site 23rd Street SW Roadway Improvements. Community Development Director Stan Boling used a PowerPoint Presentation to provide background and analysis on SLV Millstone, LLC's request for final plat approval for Phases 4, 5, and 6 of the Millstone Landing Planned Development. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Aye:
B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. 16-836
Public Private Partnership Spreadsheet
Attachments: Staff Report
June 7, 2016 Commission Meeting Minutes Blank Public Private Partnership Spreadsheet Template Oyster Bar Marsh Trail Spreadsheet Oyster Bar Marsh Trail Narrative Indian River County Florida
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Budget Director Michael Smykowski recalled the Board's direction on June 7, 2016, for staff to develop a spreadsheet showing the financial implications of various transactions. He provided an overview of the spreadsheet template that could be modified to accommodate specific transactions, and also directed the Board's attention to a word document containing the same information. Chairman Solari stated that there should be a line for renewal and replacement costs. Commissioner O'Bryan wanted to ensure that the intangible benefits are factored into these types of decisions. Director Smykowski noted that the Word document had a specific section outlining intangible benefits. Commissioner Zorc said that the spreadsheet would be a good tool to clarify what the real costs of private/public partnerships would be. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to approve the Public/Private Partnership Spreadsheet Template, amended to add an additional line for renewal/replacement costs, for inclusion in future agenda items involving property acquisitions and/or public-private partnerships. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A.
16-790
Recommended Action:
Request for Closed Attorney-Client Session Relating to Indian River County’s Petition for Administrative Hearing Challenging the St. Johns River Water Management District’s Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08 The County Attorney recommends that the Board schedule a closed attorney-client session to occur at 10:30 AM on October 18, 2016.
Attachments: Staff Report
County Attorney Dylan Reingold presented his request for a closed attorney-client session to discuss settlement negotiations and strategy relating to litigation A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to schedule a closed attorney-client session to occur at 10:30 a.m., on October 18, 2016. The motion carried by the following vote: Indian River County Florida
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Board of County Commissioners Aye:
13.B
Meeting Minutes - Draft
October 4, 2016
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Right-of-Way Ordinance Amendment
16-829
Recommended Action:
The County Attorney's Office respectfully requests that the County Attorney's Office be directed to draft an ordinance consistent with the attached proposed language and notice a public hearing concerning the proposed ordinance.
Attachments: Staff Report
Proposed Ordinance Language
County Attorney Dylan Reingold provided background on staff's request to review the Indian River County Right-Of-Way Ordinance in light of the United States Supreme Court's decision in Reed vs. Town of Gilbert, concerning the freedom of speech rights under the First Amendment of the Constitution. He stated that the language in the draft ordinance was not focusing on the speech, but the behavior of people standing in the right-of-way to exchange items with occupants of a vehicle, which causes a distraction for drivers. A motion was made by Vice Chairman Flescher, seconded by Commissioner Davis, to approve the County Attorney's recommendation. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Joseph E. Flescher, Vice Chairman C. Commissioner Wesley S. Davis D. Commissioner Peter D. O’Bryan 14.D.1. 16-799
Fracking
Attachments: 14.D.1 Oct 4, 2016 Fracking
Commissioner O'Bryan spoke about the failure of the 2016 Legislative session to pass any bills dealing with fracking, which left the issue unregulated. He expressed concern about the Department of Environmental Protection's (DEP) recent increase in the limits of the allowable discharges of toxic chemicals into Florida's water, 42 of which are known carcinogens. He stated that the Board
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should take additional steps to ensure the quality of our drinking water and the safety of our citizens. Commissioner O'Bryan requested the Board to take action on two specific items: 1) to pass a Resolution calling for the banning of fracking, hydraulic fracking, hydraulic fracturing, and any other related process in the State of Florida, with copies of the document to be sent to the Governor, Senate President, House Speaker, our Legislative delegation, and any other appropriate party; and 2) to direct staff to develop and bring back to the Board either Land Development Regulations (LDRs) or an ordinance that would prohibit the process of fracking or any other related process in Indian River County. A discussion ensued about the low risk of fracking operations in the County, and that an ordinance banning fracking would provide protection until it is brought back to the next Legislative session. Concern was expressed by the Chairman about the lack of knowledge about fracking, and he stated that he would support the County Ordinance but not the proposed Resolution. David Kearns, 668 Dunbarton Circle NE, Palm Bay, discussed the pollution of the aquifers, and the harmful effects on human health and the environment from the toxic chemicals used in fracking. He urged the Board to ban fracking in Indian River County. Vice Chairman Flescher spoke to the importance of protecting the State's potable water supply and the safety/health of the citizens. A lengthy discussion ensued, as Mr. Kearns explained the process of fracking, and answered various questions from the Board. Commissioner Zorc expressed concerns about the need for future energy sources, and did not want to totally preclude any possibility of fracking. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to direct staff to develop an Ordinance that would prohibit the process of fracking, hydraulic fracking, hydraulic fracturing and other related processes in the uncorporated area of Indian River County, and bring it back to the Board for a final vote. The motion carried by the following vote:
Aye:
Chairman Solari, Vice Chairman Flescher, Commissioner Davis, and 4 - Commissioner O'Bryan
Nay:
1 - Commissioner Zorc
E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District
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The Board of County Commissioners adjourned the regular meeting and reconvened as the Board of Commissioners of the Emergency Services District. The minutes will be approved at the next Emergency Services District meeting. Approval of Work Order No. 2 for Fire-Rescue Station #15 (9470 County Road 512)
15.A.1. 16-805
Attachments: Staff Report- WO 2 FS 15
Work Order No. 2 FS 15 Barth Proposal FS 15
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve Work Order No. 2 for the modular building for Fire Station No. 15, in the amount of $69,152.00. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Affiliation Agreement between Treasure Coast Medical Institute and Indian River County Emergency Services District
15.A.2. 16-811
Attachments: Staff Report-Affiliation Agreement TCMI
Affiliation Agreement-TCMI
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
B. Solid Waste Disposal District The Board of County Commissioners adjourned the Emergency Services District meeting and reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at the next Solid Waste Disposal District meeting.
15.B.1. 16-810
Approval of Minutes 2016-2017 Preliminary Budget Hearing of September 14, 2016
15.B.2. 16-807
Approval of Minutes 2016-2017 Final Budget Hearing of September 21, 2016
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A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Minutes of the 2016-2017 Preliminary Budget Hearing of September 14, 2016, and the Minutes of the 2016-2017 Final Budget Hearing of September 21, 2016, as written. The motion carried by the following vote: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Aye:
First Amendment to Franchise Agreement with Waste Management
15.B.3. 16-816
Attachments: Staff Report
First Amendment
Director of Utility Services Vincent Burke provided background and analysis on the First Amendment to the Franchise Agreement with Waste Management, which deals with the fluctuations in the natural gas component of the Consumer Price Index (CPI) increase. He stated that staff's proposal is to eliminate the natural gas component of the rate adjustment and reduce the CPI increase from a maximum rate adjustment from 3.5% to 3.0%, with the understanding there will be no rate adjustment for the upcoming Fiscal Year starting on October 1, 2016 and ending September 30, 2017. He reviewed the amendments to the Franchise Agreement and directed the Board's attention to the Revised Exhibit 4 - Calculation of Rate Adjustment. Commissioner Zorc recognized Waste Management on their service and community support. Discussion ensued on the success of the cart swap initiative, and Himanshu Mehta, Managing Director for the Solid Waste Disposal District (SWDD), responded to questions about which items can and cannot be recycled. He stated that the SWDD will be providing more education to the public on recycling in the upcoming year. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
C. Environmental Control Board 16. ADJOURNMENT
The Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of County Commissioners. There was no further business, and the Chairman declared the meeting adjourned at 12:21 p.m.
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BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 11, 2016 Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS
DISTRICT
Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Peter D. O’Bryan Tim Zorc
District 5 District 2 District 1 District 4 District 3
Present Present Present Present Present
Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Shelli Gagnon, Deputy Clerk
DVD TIMES
Present Present Present Present
PACKET PAGES
1.
CALL TO ORDER
2.
INVOCATION
Commissioner Wesley S. Davis
3.
PLEDGE OF ALLEGIANCE
Jason E. Brown, County Administrator
4.
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:00 A.M.
Addition: Request made by the Chairman to speak regarding Hurricane Matthew 9:04 a.m.
Addition: Emergency Item 14.D.1. Request to discuss Hurricane Matthew debris clean up ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the Board unanimously approved the Agenda as amended.
5. 9:05 a.m.
PROCLAMATIONS and PRESENTATIONS Chairman Solari expressed sincere gratitude and appreciation for the coordinated efforts of all of the agencies and personnel involved in providing
Board of County Commission Minutes October 11, 2016
Page 1
information and expediting the recovery during Hurricane Matthew. 9:09 a.m.
County Administrator Jason Brown provided an overview of Hurricane Matthew through a PowerPoint Presentation; and (1) gave a detailed timeline of the events leading up to, during, and after the storm; (2) presented information on the number of customers affected by power outages and the efforts made to restore power to the County; and (3) discussed the substantial amount of debris to be removed, along with the cleanup efforts that are currently taking place. Administrator Brown also provided information on the damage that the beaches and roads sustained from the storm, and gave a preliminary estimate of $14.5 million in total damages Countywide. He noted the tremendous amount of work and sacrifice involved in getting the County back up and running, and gave his sincere appreciation to the Emergency Services operation, Road & Bridge, Fire Rescue, Management Staff, Law Enforcement, and all other agencies involved for their efforts before, during and after the storm. Commissioner Davis compared the differences in technology and the events that occurred between the hurricanes in 2004 and Hurricane Matthew. He commented on how valuable social media is in providing preparedness information to the public. He also addressed the need for a mobile cell phone tower for use during an emergency, and the need to find a solution to alleviate the traffic issues at Yeehaw Junction during an evacuation. A short discussion ensued about the use of portable cell phone towers and improvements that could be made to prepare for future emergencies. The Board commended staff for their outstanding performance and thanked the citizens of Indian River County for heeding the warnings and making proper preparations for the storm.
6.
APPROVAL OF MINUTES None
7.
INFORMATION ITEMS FROM REQUIRING BOARD ACTION
STAFF
OR
COMMISSIONERS
NOT
None 8.
CONSENT AGENDA None
Board of County Commission Minutes October 11, 2016
Page 2
9.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None
10.
PUBLIC ITEMS A.
9:51 a.m.
PUBLIC HEARINGS 1.
Request from Stellar Transport for a Class E1 Certificate of Public Convenience and Necessity to provide Wheelchair and Non-Emergency Stretcher transports originating from Indian River County (memorandum dated September 26, 2016) Administrative
1-13
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman opened the Public Hearing for comments. There being no speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the Board voted unanimously to continue this Public Hearing to the October 18, 2016 meeting. 9:52 a.m.
2.
Final Hearing: Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers (memorandum dated October 5, 2016) Legislative
14-30
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman opened the Public Hearing for comments. Bob Johnson, Coral Winds Subdivision, spoke in opposition of medical marijuana. The Chairman closed the Public Hearing. ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the Board voted unanimously to continue this Public Hearing to the October 18, 2016 meeting.
Board of County Commission Minutes October 11, 2016
Page 3
B.
PUBLIC DISCUSSION ITEMS None
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
D.
Human Resources None
E.
Office of Management and Budget None
F.
Public Works None
Board of County Commission Minutes October 11, 2016
Page 4
G.
Utilities Services None
13.
COUNTY ATTORNEY MATTERS None
14.
COMMISSIONERS MATTERS A.
Commissioner Bob Solari, Chairman None
B.
Commissioner Joseph E. Flescher, Vice Chairman None
C.
Commissioner Wesley S. Davis None
9:54 a.m.
D.
Commissioner Peter D. O’Bryan 1.
Request to discuss Hurricane Matthew debris removal on private roads Commissioner O’Bryan spoke on the removal of hurricane related debris from private roads and requested a policy change to include the removal of vegetative hurricane debris from private roads and to have those property owners submit a Right of Entry Permit Agreement to hold harmless the County and its subcontractors for any damages that may occur as a result of the removal. A discussion ensued regarding the debris removal for both public and private roads and the necessity for the Right of Entry Permit Agreement. The Board also discussed the need for the document to be submitted by the property owner or by an authorized agent of the Homeowner’s Association of a private subdivision or private road. Administrator Brown suggested the use of outside emergency contractors to provide service to the public roads, and the use of Public Works to provide service to the private roads. David Nolte, 900 Royal Palm Place, inquired about reimbursement to the citizens who have already paid their own private contractors for debris removal.
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Page 5
Susan Boyd, 8025 24th Street, sought and received information from the Board regarding the Right of Entry Permit Agreement and how it would apply to her circumstances. After a brief discussion, the Board instructed Ms. Boyd to speak with the County Attorney in an attempt to work out the details. Trisha Stoddard, President of Forest Lake Homeowner’s Association, spoke about the savings that the citizens who live on private roads provide to the County by repairing and maintaining their own roads and lighting, and expressed concern that those homeowners were being denied services that every other tax paying citizen in the County receives. County Administrator Brown addressed Ms. Stoddard’s concerns, and stated that staff had received direction from the Board to provide a press release by the end of the day that will address these issues. Susan Adams, 100 South Pine St, echoed Ms. Stoddard’s comments, and stated that these same issues will be affecting the residents of Fellsmere and Vero Lake Estates, and made a request to include any pertinent information regarding the issues addressed today to the press release and to attach the Right of Entry Permit Agreement for citizens to download to expedite the process. Joseph Paladin, President of Black Swan Consulting, addressed the Board regarding the Right of Entry Permit and requested for it to be placed on the web with the ability to be returned through email. ON MOTION by Commissioner O’Bryan, SECONDED by Vice Chairman Flescher, the Board voted unanimously to authorize staff to amend policy to include the removal of hurricane related vegetative debris on private roads within the unincorporated areas of Indian River County with release documentation, and directed staff to form a press release to distribute to the media by the end of the day today. Bart Gaetjens, Florida Power & Light (FPL), provided an update on FPL’S restoration efforts, observed where improvements could be made and expressed appreciation to the Board, the personnel that came from all over the country, and all those individuals involved in the response to the storm.
Board of County Commission Minutes October 11, 2016
Page 6
E.
Commissioner Tim Zorc None
15.
SPECIAL DISTRICTS AND BOARDS A.
Emergency Services District None
B.
Solid Waste Disposal District None
C.
Environmental Control Board None
16.
ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 10:59 a.m.
ATTEST: ________________________________
_______________________________
Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller
Bob Solari, Chairman
By: _____________________________ Deputy Clerk
Approved:
BCC/SMG/2016Minutes
Board of County Commission Minutes October 11, 2016
Page 7
Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
Meeting Minutes - Draft Tuesday, October 18, 2016 9:00 AM
Commission Chambers
Board of County Commissioners Bob Solari, Chairman, District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis, District 1 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
Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
1. CALL TO ORDER ROLLCALL Present:
5 - Chairman Bob Solari Vice Chairman Joseph Flescher Commissioner Wesley Davis Commissioner Peter O'Bryan Commissioner Tim Zorc
2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Office 3. PLEDGE OF ALLEGIANCE Commissioner Joseph Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Addition: Emergency Item 11. County Administrator Update on Hurricane Matthew Addition: Emergency Item 14.D.1. Discussion on Suicide Awareness/Prevention Move: Item 14.E.1. to be heard prior to Item 10. Addition: Emergency Item 15.B.2. Eighth Amendment to Feedstock Supply Agreement Addition: Emergency Item 15.B.3. Agreement with Florida Department of Transportation (FDOT) for Hurricane Generated Vegetative Debris Disposal from State Roads A motion was made by Vice Chairman Flescher, Seconded by Commissioner Zorc, to approve the agenda as amended. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
5. PROCLAMATIONS and PRESENTATIONS A.
16-911
Presentation of Proclamation Designating the Month of October 2016, as National Arts and Humanities Month Commissioner O'Bryan read and presented the Proclamation to Patrick Farrah, Chairman of the Board of Directors; and Donna Lindsay, Secretary to the Board of Directors of the Cultural Council of Indian River County.
Indian River County Florida
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Board of County Commissioners
B.
16-864
Meeting Minutes - Draft
October 18, 2016
Presentation of Proclamation Designating the Day, October 23, 2016, as Breast Cancer Awareness/Wear Pink Day in Indian River County, Florida Chairman Solari read and presented the Proclamation to numerous breast cancer survivors in recognition of Breast Cancer Awareness.
C.
16-871
Presentation of a Resolution In Support of The One Cent Sales Tax Referendum by Indian River County Chamber of Commerce Penny Chandler, President of the Indian River County Chamber of Commerce, presented the Board with a Resolution from the Chamber's Board of Directors, in support of the One Cent Sales Tax Referendum.
6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A.
16-862
Resignation of the Interested in Tourist Development, Not an Operator Representative to the Tourist Development Council
Attachments: TDC - Resignation of Susan Adams
B.
16-867
Proclamation and Retirement Award Honoring Linda Kern on Her Retirement from Indian River County Board of County Commissioners Library Services Division with Eleven Years of Service
Attachments: Llnda Kern Proclamation2
Linda Kern Service Award
Commissioner O'Bryan recognized Linda Kerns on her retirement. C.
16-866
Proclamation and Retirement Award Honoring Ronald Hunt on His Retirement from Indian River County Board of County Commissioners Water Production Division with Twenty-Five Years of Service
Attachments: Ron Hunt Proclamation
Ron Hunt Service Award
Commissioner O'Bryan recognized Ronald Hunt on his retirement. D.
16-872
Proclamation and Retirement Award Honoring Edward Majcher on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Twenty-Seven Years of Service Commissioner O'Bryan recognized Edward Majcher on his retirement.
E.
16-873
Indian River County Florida
Proclamation and Retirement Award Honoring Daniel Brooks on His Page 2
Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue With Thirty Years of Service Commissioner O'Bryan recognized Daniel Brooks on his retirement. F.
16-875
Florida Public Service Commission Consummating Order No.PSC-16-0362-TRF-EI re: Petition for approval to include in base rates the revenue requirement for the Hines chillers uprate project, by Duke Energy Florida, LLC has been received and is available for review in the Office of the Clerk to the Board
G.
16-876
Florida Public Service Commission Order No.PSC-16-0423-TRF-EI in re: Petition for approval of modification to and extension of the approved economic development and re-development rider experimental pilot tariffs, by Duke Energy Florida, LLC has been received and is available for review in the Office of the Clerk to the Board
H.
16-877
Florida Public Service Commission Order No. PSC-16-0424-TRF-EI in re: Petition for approval of 2016 revisions to underground residential and commercial differential tariffs, by Florida Power & Light Company has been received and is available for review in the Office of the Clerk to the Board
I.
16-878
Florida Public Service Commission Order No. PSC-16-0427-PAA-EU in re: Petition for modification of territorial order based on changed legal circumstances emanating from Article VIII, Section 2(c) of the Florida Constitution, by the Town of Indian River Shores has been received and is available for review in the Office of the Clerk to the Board
J.
16-879
Sebastian River Improvement District Fiscal Year 2016-2017 Regular Board Meeting Schedule has been received and is available for review in the Office of the Clerk to the Board
8. CONSENT AGENDA A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Consent Agenda as amended, pulling Items 8.B. and 8.F. for discussion. The motion carried by the following vote: Aye:
A.
16-880
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Approval of Checks and Electronic Payments - September 23, 2016 to September 29, 2016 Approved
B.
16-881 Recommended Action:
Indian River County Florida
Banking and Lockbox Services Contracts Selection committee recommends awarding the banking services contract to Wells Page 3
Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
Fargo Bank and awarding the lockbox services contract to Regions Bank, with each contract to have an initial term of three years and an option to renew for two additional terms of two years each. Upon Board approval of the recommendations, we will work with the County Attorney's Office and bring back the contracts for approval by the Board at a later date. Commissioner O'Bryan pulled this item to voice his concerns over the recommended banking services contract with Wells Fargo Bank, due to the recent scandal. He recommended awarding the banking services contract to TD Bank, which was ranked second by the selection committee. Clerk of the Circuit Court and Comptroller Jeffrey Smith spoke about the Request for Proposal (RFP) process for banking contracts; pointed out that the scandal was within the retail section, not the governmental and institutional banking division; and responded to the Board's questions. Wells Fargo Representatives Paul Vincent, Todd Morley, and Jackie Kobialko addressed the Board regarding the bank's scandal, rectifying behaviors, and rebuilding trust with the community. A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to accept staff's recommendation of Regions Bank for lockbox services, with an initial term of three years and an option to renew for two additional terms of two years each. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc A motion was made by Commissioner O'Bryan, seconded by Commissioner Davis, awarding the banking services contract to TD Bank, with an initial term of three years and an option to renew for two additional terms of two years each. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
C.
16-882
Recommended Action:
First Amendment to Indian River County Public Works Department Professional Surveying & Mapping Services Master Agreement for Annual Professional Surveying & Mapping Services - IRC Project No. 1605 with Morgan & Eklund, Inc. The County Attorney's Office recommends ratifying the First Amendment to the Indian River County Public Works Department Professional Surveying and Mapping Services Master Agreement and authorize the Chairman to execute the same. Approved staff's recommendation.
D.
16-883
Indian River County Florida
Escheated Property Located Within the Municipal Boundaries of the City of Fellsmere Page 4
Board of County Commissioners Recommended Action:
Meeting Minutes - Draft
October 18, 2016
Authorize the Chairman of the Board of County Commissioners to execute the County Deed conveying the property to the City of Fellsmere, pursuant to Section 197.592(3), Florida Statutes. Approved staff's recommendation.
E.
Resolutions Canceling Taxes on Properties Acquired by Indian River County for Public Purposes
16-884 Recommended Action:
Authorize the Chairman of the Board of County Commissioners to execute the attached three Resolutions to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. Approved Resolution 2016-105, Cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Spanish Lakes Subdivision, dedicated to Indian River County by Florida Power and Light Company for cornerclip for right-of-way) Approved Resolution 2016-106, Cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Ventures Trust 2013-I-H-R by MCM Capital Partners, LLC, its trustee for future 43rd Avenue right-of-way) Approved Resolution 2016-107, Cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Michael J. and Lisa B. Giessert for future 26th Street right-of-way)
F.
Board of Trustees of the Internal Improvement Trust Fund of the State of Florida v. Kim Blair, Jay Scott, Carol Scott and Indian River County
16-885 Recommended Action:
The County Attorney's Office recommends that the Board of County Commissioners approve the Consent Final Judgment and the Quitclaim Deed and authorize the Chairman to execute the Consent Final Judgment, the Quitclaim Deed and any and all documents necessary to effectuate the Consent Final Judgment. Commissioner O'Bryan noted this was the final settlement of the "stilt house" case and requested the County Attorney to provide the details regarding the Consent Final Judgment and the Quitclaim Deed. County Attorney Dylan Reingold summarized the details of the case and ensured the Board's concerns were addressed. Approved staff's recommendation. The motion carried by the following vote:
Aye:
G.
16-886 Recommended Action:
Indian River County Florida
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Countywide Septic to Sewer Conversion Evaluation/Ranking - Work Order No. 2 to Schulke, Bittle & Stoddard, LLC Staff recommends approval of Work Order No. 2 authorizing Countywide septic to sewer services and requests to authorize the Chairman to execute Work Order No. 2 on their behalf for a lump sum amount of $86,300.00 to Schulke, Bittle & Stoddard, Page 5
Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
LLC. Approved staff's recommendation.
H.
16-887
Recommended Action:
Change Order No. 1 with Harn R/O Systems for the Implementation of Membrane Replacement for RO Skids at North County RO Water Treatment Plant Staff requests the BCC to authorize the Chairman to execute Change Order No. 1 on their behalf to increase the sum amount to Harn R/O Systems, Inc. by $90,007.58, thereby increasing the total contract amount to $1,131,636.58. Approved staff's recommendation.
I.
16-888
Recommended Action:
2016 - Fall and Winter Holiday Schedules for the Indian River County Library System, Aquatic Centers, Sandridge Golf Course, Indian River County Public Shooting Range, Recreation Aquatic Centers, iG Recreation Center and County Parks Staff recommends observance of Veteran's Day, Thanksgiving, Christmas, and New Year's holidays by the Library System, Sandridge Golf Clubhouse, Shooting Range, the Aquatic Centers, and iG Recreation Center's operations. With the Board's acceptance and approval, these holiday hours will be observed and posted at their respective county facilities sites, as well as Indian River County's website. Approved staff's recommendation.
J.
16-889 Recommended Action:
Recommended Ranking of Consultants - RFQ 2016016 - 58th Avenue Pavement Reclamation and Resurfacing Project - 57th Street to CR-510 Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firms (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. Approved staff's recommendation.
K.
16-890 Recommended Action:
Recommendation of Award - Bid 2017010 - Signal Repairs at 20th Street and 10th Avenue Staff recommends the Board award Bid 2017010 to Traffic Control Devices, Inc. and authorize the Purchasing Division to issue a Purchase Order for the work upon review and approval of the required insurance by Risk Management. Approved staff's recommendation.
L.
16-891 Recommended Action:
Indian River County Florida
Renewal of Pictometry Connect Software Agreement Staff requests that the Board of County Commissioners authorize the execution of the agreement with Pictometry in the amount of $8,850.00 and requests that the Board authorize the Chairman to execute the Agreement once reviewed and approved by the County Attorney. Page 6
Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
Approved staff's recommendation.
M.
16-892 Recommended Action:
Reject Warehouse Bids The staff of the Utilities Department recommends that the Board of County Commissioners (BCC) reject all bids so that staff can re-advertise the bid with a more inclusive list of bid items. Secondly, staff also recommends that the BCC approve the extension of the current annual bids, which expired on September 30, 2016, until a new warehouse stock bid is advertised and awarded. Approved staff's recommendation.
N.
16-893
Recommended Action:
Approval of a Public Transportation Supplemental Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for Section 5339 Public Transportation Capital Funds The staff recommends that the Board of County Commissioners approve the Public Transportation Supplemental Joint Participation Agreement and adopt the resolution authorizing the Chairman to execute the agreement. Approved Resolution 2016-108, authorizing the execution of a Public Transportation Supplemental Joint Participation Agreement with the Department of Transportation, along with staff's recommendation.
O.
16-894
Recommended Action:
FDOT Small County Outreach Program (SCOP) Amendment Number One and Resolution Authorizing the Chairman’s Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI) Services of CR512 from Roseland Road to US-1 Staff recommends the Board of County Commissioners approve the Small County Outreach Program (SCOP) Amendment Number One and Resolution, and authorize the Chairman to execute the same. Approved Resolution 2016-109, with the Florida Department of Transportation authorizing the Chairman's execution of Amendment Number One to the Small County Outreach Program Agreement for Construction (resurfacing) and Construction Engineering Inspection (CEI) services of CR512 from Roseland Road to US-1, along with staff's recommendation.
P.
16-895
Recommended Action:
FDOT Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman’s Signature for Reconstructing 58th Avenue from 26th Street to 57th Street, IRC Project No. 1324, FM No. 434840-1-54-01 Staff recommends the Board of County Commissioners approve the updated Small County Outreach Program (SCOP) Agreement and Resolution, and authorize the Chairman to execute the same. Approved Resolution No. 2016-110, with the Florida Department of Transportation authorizing the Chairman's execution of a Small County Outreach Program Agreement (Updated) for reconstructing of 58th Avenue from 26th Street to 57th
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
Street, along with staff's recommendation.
Q.
16-896 Recommended Action:
Acceptance and Approval of Expenditures for Emergency Management State-Funded Subgrant Agreement 17-BG-83-10-40-01-037 Staff recommends the acceptance of State Funded Subgrant Agreement 17-BG-83-10-40-01-037 and approval of the expenditures. Approved staff's recommendation.
R.
16-897
Recommended Action:
Acceptance and Approval of Expenditures of Emergency Management Federally-Funded Subgrant Agreement and Expenditure Approval 17-FG-P9-10-40-01-104 Staff recommends approval of the Federally Funded Subgrant Agreement (17-FG-P9-10-40-01-104), associated expenditures and authorization of the Chairman to execute agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. Approved staff's recommendation.
S.
16-898 Recommended Action:
Post Hurricane Matthew Beach Profile Surveys - Contract No. 1605; Work Order No. 1 - Morgan and Eklund, Inc. Staff recommends for the Board to approve Work Order No. 1 to the Professional Land Surveying and Mapping Services Contract No. 1605 with Morgan and Eklund, Inc. and authorize the Chairman to execute on behalf of the County. Approved staff's recommendation.
T.
16-899
Recommended Action:
Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Block Grant Funds Staff recommends that the Board of County Commissioners approve the Public Transportation Supplemental Joint Participation Agreement and adopt the resolution authorizing the Chairman to execute the agreement. Approved Resolution No. 2016-111, authorizing the execution of a Public Transportation Supplemental joint Participation Agreement with the Florida Department of Transportation, along with staff's recommendation.
U.
16-900
Recommended Action:
Approval of a Public Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida Department of Transportation (FDOT) for Rural Service Funds Staff recommends that the Board of County Commissioners approve the Public Transportation Supplemental Joint Participation Agreement and adopt the resolution authorizing the Chairman to execute the agreement. Approved Resolution No. 2016-112, authorizing the execution of a Public Transportation Supplemental Joint Participation Agreement with the Florida Department of Transportation, along with staff's recommendation.
Indian River County Florida
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Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1.
Continued from Meeting of October 11, 2016 Request from Stellar Transport for a Class E1 Certificate of Public Convenience and Necessity to Provide Wheelchair and Non-Emergency Stretcher Transports Originating from Indian River County (Administrative)
16-901
Recommended Action:
Indian River County Ordinance, Chapter 304, Life Support and Wheelchair Services states that the issuance of a Certificate of Public Convenience and Necessity shall be regulated by additional needs of the public. Staff recommends that the Board of County Commissioners based upon the needs assessment as outlined in Indian River County Ordinance, Chapter 304.07, to approve and grant a Class "E1" COPCN to Stellar Transport for a period of two (2) years. Proof of Publication of Advertisement for this hearing is on file in the Office of the Clerk to the Board. Assistant Fire Chief Brian Burkeen highlighted the Indian River County Codes and asked the Board to consider granting a Class E1 Certificate of Public Convenience and Necessity (COPCN) to Stellar Transport. The Chairman opened the public hearing; there being no speakers the Chairman closed the public hearing. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve and grant a Class "E1" Certificate of Public Convenience and Necessity (COPCN) to Stellar Transport for a period of two (2) years. The motion carried by the following vote:
Aye:
2.
16-902
Recommended Action:
Indian River County Florida
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Continued from Meeting of October 11, 2016 FINAL HEARING: Consideration of Amendments to Land Development Regulations (LDRs) Chapters 901 (Definitions), 911 (Zoning), and 971 (Specific Land Use Criteria) to Establish Regulations for Medical Marijuana Treatment Centers (Legislative) Staff recommends that the Board of County Commissioners adopt the proposed LDR amendment ordinance and authorize the County Attorney to advertise for a public hearing for an ordinance amending Chapter 315.
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Meeting Minutes - Draft
October 18, 2016
Proof of Publication of Advertisement for this hearing is on file in the Office of the Clerk to the Board. Community Development Director Stan Boling provided a recap of the amendments to the Land Development Regulations (LDRs). He also pointed out that there are only two parcels in the unincorporated areas of the County that would possibly qualify for the placement of a medical marijuana treatment center if the Constitutional Amendment is passed by voters next month. County Attorney Dylan Reingold responded to questions and concerns from the Board. The Chairman opened the public hearing. Bob Johnson, Coral Wind Subdivision, supported zoning regulations, but opposed voting for the marijuana amendments. He recommended voting "no" on the ballot. Bob McPartlan, 650 Belfast Terrace, supported the LDR amendments. He asked the Board to consider the hours of operation and the costs associated with providing security to the medical marijuana treatment centers. Sheriff Deryl Loar spoke about legislation, resources, and the security measures in place for the treatment centers. There being no additional speakers, the Chairman closed the public hearing. A motion was made by Commissioner O'Bryan, seconded by Commissioner Davis, to adopt Ordinance 2016-011, concerning amendments to its Land Development Regulations (LDRs); providing for amendments to Chapter 901, Definitions, Chapter 911, Zoning, and Chapter 971, Regulations for Specific Land Uses; by amending Section 901.03, establishing the definition for "Marijuana" and "Medical Marijuana Treatment Center"; by amending Section 911.11(4), Industrial Uses; by amending Section 971.13, Commercial Uses to establish criteria for Medical Marijuana Treatment Centers; and by providing for repeal of conflicting provisions; codification; severability; and effective date. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to authorize the County Attorney to advertise for a public hearing to amend Chapter 315. The motion carried by the following vote:
Aye: 5 -
Indian River County Florida
Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
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Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
B. PUBLIC DISCUSSION ITEMS 1.
16-903
Request to Speak from The Laurels Community Association, Inc. Regarding Much Needed Repairs In Our Community. Entrance Repairs, Sidewalks Repairs, Regrading of 4000 Block of 9th Lane for Proper Drainage, Change Sidewalks so They are Handicap Accessible Michael McCann, 4040 9th Place, President of the Laurels Homeowners Association, used a PowerPoint presentation to outline his request for repairs in the Laurels community. He requested the Board to authorize the Roads and Bridges Department to make the necessary repairs. Public Works Director Rich Szpyrka said he needed time to assess Mr. McCann's concerns.
2.
16-904
Request to Speak from Wanda Scott, Gifford Economic Development Council Regarding Updating Gifford Community Activities Wanda Scott, 4306 26th Avenue, representing the Gifford Economic Development Council, provided information on how the County's support services and the Emergency Management Plan helped the Gifford community during Hurricane Matthew. She expressed gratitude for earlier repairs within the Gifford community, which allowed for minimal damage and flooding during Hurricane Matthew. The Chairman declared the meeting in recess at 10:30 a.m. to allow for the scheduled time certain Attorney-Client Session. Ms. Scott concluded her presentation following Item 10.B.3.
3.
16-905
Request to Speak from Brian Heady Regarding Elected Officials Doing the Right Thing Brian Heady asked the Board to "do the right thing" regarding issues that pertain to commercial events and turtle lighting violations. The Board and staff responded to Mr. Heady's issues and concerns.
C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 16-927
Addition: Emergency Item 11. County Administrator Update on Hurricane Matthew County Administrator Jason Brown provided an update on Hurricane Matthew issues and debris removal.
Indian River County Florida
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Meeting Minutes - Draft
October 18, 2016
12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget F. Public Works G. Utilities Services 1.
16-906 Recommended Action:
Approval of Bid Award for IRC Bid No. 2017011 Annual Bid to Maintain and Operate the West Regional WWTF Wetlands System Staff requests the BCC to authorize the Chairman to execute on their behalf to retain Ecotech Consultants, Inc. for one year. Staff also requests that the BCC authorize the Purchasing Manager to renew for up to two one-year extensions subject to satisfactory performance and staff's determination that a renewal would be in the best interest of the County. Director of Utility Services Vincent Burke discussed the bid results and the scope of work required for maintaining and operating the West Regional Wastewater Treatment Facility Wetlands System, and recommended the Board retain Ecotech Consultants, Inc. for one year. Tim Maslin, President of Florida Environmental Consulting, Inc., explained his company's protest and appeal to the recommended award for the project. County Purchasing Manager Jennifer Hyde discussed the Request for Proposal (RFP) and bid award process; and responded to the Board's questions regarding the bid proposals. Director Burke outlined what was to be included in the base bid. A motion was made by Commissioner O'Bryan, seconded by Chairman Solari, to award the bid to Ecotech Consultants, Inc. for a one-year contract with no renewal options. The motion carried by the following vote:
Indian River County Florida
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October 18, 2016
Aye:
4 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, and Commissioner O'Bryan
Nay:
1 - Commissioner Zorc
13. COUNTY ATTORNEY MATTERS A.
16-907
Time Certain - 10:30 a.m. Attorney-Client Session Relating to Indian River County’s Petition for Administrative Hearing Challenging the St. Johns River Water Management District’s Notice of Intent to Issue Environmental Resource Permit No. 135214-2 for All Aboard Florida within Segment D08 The Board broke from the regular Board of County Commission Meeting at 10:30 a.m. to conduct the Attorney-Client Session that was scheduled for 10:30 a.m. The Chairman read into the record the opening remarks of the Attorney-Client Session scheduled for 10:30 a.m. The estimated time of the closed Attorney-Client Session was 90 minutes. Present at the meeting were Commissioners Bob Solari, Joseph E. Flescher, Wesley S. Davis, Peter D. O'Bryan, and Tim Zorc. Also present were County Attorney Dylan Reingold, County Administrator Jason E. Brown, and Certified Court Reporter Greg Campbell. The Board returned to the Chambers at 11:10 a.m. The Chairman announced the termination of the Attorney-Client Session, and the resumption of the County Commission meeting.
14. COMMISSIONERS MATTERS A. Commissioner Bob Solari, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman A. Commissioner Wesley S. Davis D. Commissioner Peter D. O’Bryan 1.
16-926
Emergency Addition: Item 14.D.1. Discussion on Suicide Awareness Prevention Commissioner O'Bryan announced the tragic loss of Indian River County Fire Rescue Battalion Chief David Dangerfield. He questioned whether licensed professional counselors should be brought to the Emergency Operation Centers for discussions on the stress on emergency personnel. He proposed having a meeting with Emergency Services Fire Chief John King and Union personnel to decide what precautions could be taken to prevent suicide and other illnesses for our first responders.
Indian River County Florida
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October 18, 2016
E. Commissioner Tim Zorc 1.
Economic Development Opportunities Along State Route 60
16-874 Recommended Action:
No action taken Commissioner Zorc provided an update on the cooperative public/private partnership between the Indian River State College and the surrounding land owners regarding the ingress and egress to their properties.
15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved under the next Solid Waste Disposal District meeting. 1.
CCNA-2014-Work Order No. 5 to Geosyntec for Title V Air Operation Permit Renewal
16-908 Recommended Action:
SWDD staff recommends that its Board approve CCNA-2014-Work Order No. 5 with Geosyntec in the amount of $64,107 to provide engineering services for preparation and submittal to FDEP of the application for renewal of the Title V air operation permit, authorize the County Administrator to sign the application, and authorize the Chairman to execute the same. Director of Utility Services Vincent Burke explained the details of the Title V Air Operation Permit renewal for the Clean Air Act requirements, and the proposed tasks of the Work Order. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to: (1) approve CCNA-2014-Work Order No. 5 with Geosyntec in the amount of $64,107 to provide engineering services for preparation and submittal to the Florida Department of Environmental Protection (FDEP) of the application for renewal of the Title V Air Operation Permit; (2) authorize the County Administrator to sign the application; and (3) authorize the Chairman to execute the same. The motion carried by the following vote:
Aye:
2.
16-912 Recommended Action:
Indian River County Florida
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Emergency Addition: Eighth Amendment to Feedstock Supply Agreement Staff recommends that the Board ratify and approve the Draft Eighth Amendment to the Feedstock Supply Agreement and authorize the Chairman to execute same upon final review and approval by the County Attorney. Page 14
Board of County Commissioners
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October 18, 2016
Director Burke provided background and recommended the Board ratify and approve the proposed Eighth Amendment to the Feedstock Supply Agreement between the Indian River County Solid Waste District and INEOS New Planet BioEnergy, LLC, to process excessive hurricane generated vegetative debris. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to ratify and approve the Eighth Amendment, and authorize the Chairman to execute same upon final review and approval by the County Attorney. The motion carried by the following vote: Aye:
3.
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Emergency Addition: Agreement with FDOT for Hurricane Generated Vegetative Debris Disposal from State Roads
16-913 Recommended Action:
Staff recommends that the Board ratify and approve the Draft Hurricane Matthew Generated Vegetative Debris Disposal Agreement and authorize the Chairman to execute the Agreement upon final review and approval by the County Attorney. Director Burke recapped the proposed Hurricane Matthew Generated Vegetative Debris Disposal Agrement between the Indian River County Solid Waste Disposal District and the Florida Department of Transportation (FDOT), to utilize the Indian River County landfill for the disposal of hurricane generated vegetative debris located on state highways. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to ratify and approve the Agreement, and authorize the Chairman to execute same upon final review and approval by the County Attorney. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
The Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of County Commissioners of the regular meeting. C. Environmental Control Board 16. ADJOURNMENT The Board reconvened as the regular meeting. There being no further business, the Chairman declared the meeting adjourned at 1:14 p.m.
Indian River County Florida
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Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
DRAFT - Meeting Minutes Solid Waste Disposal District Tuesday, September 13, 2016 9:00 AM
Commission Chambers
Board of County Commissioners Bob Solari, Chairman, District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis, District 1 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
Board of County Commissioners
Meeting Minutes-SWDD
September 13, 2016
B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes will be approved under the next Solid Waste Disposal District meeting.
1.
16-717
Approval of Minutes Meeting of July 12, 2016
2.
16-715
Approval of Minutes Meeting of August 16, 2016 A motion was made by Commissioner Davis, seconded by Vice Chairman Flescher, to approve the Minutes as written. The motion carried by the following vote: Aye:
Absent:
3.
4 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, and Commissioner Zorc 1 - Commissioner O'Bryan
Request Approval for a Residential Paper Shredding Event on November 19, 2016
16-684 Recommended Action:
Staff recommends the SWDD Board authorize hosting the Paper Shredding Event at the Southeast Secure Shredding paper shredding facility on November 19, 2016 from 9 am to 2 pm in recognition of America Recycles Day. SWDD also recommends hosting another paper shredding event on April 8,2017 in conjunction with Earth Day, times and locations to be determined.
Attachments: Staff Report
Certificate of Insurance for Southeast Secure Shredding Map of Southeast Secure Shredding's Location
Commissioner O'Bryan introduced this item, noting that the proposed dates for the Paper Shredding coincide with America Recycles Day and Earth Day, respectively. Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, in her PowerPoint Presentation, provided background and details on this matter. (Clerk's Note: Commissioner O'Bryan exited the meeting at the conclusion of this item). A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve staff's recommendation. The motion carried by the following vote: Aye:
Indian River County Florida
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc Page 1
Board of County Commissioners
4.
Meeting Minutes-SWDD
September 13, 2016
Summary of Responses to the Request for Information (RFI#2016039) for Solid Waste Processing and Recycling Services
16-707 Recommended Action:
SWDD staff recommends that its Board authorize staff to begin a formal Request for Proposal process.
Attachments: Staff Report
Technical Memorandum
Director of Utilities Vincent Burke gave a PowerPoint Presentation to outline the key details of this matter. He requested that the Board authorize staff to create a formal Request for Proposal to explore Mixed Waste Recyclables, Organics, and/or Construction and Demolition Processing in order to achieve a higher recycling rate. Solid Waste Disposal District Managing Director Himanshu Mehta and County Administrator Jason Brown assisted with Board questions. Discussion ensued about researching other counties' recycling costs /levels, and about improving multi-family and commercial recycling opportunities. Chairman Solari stated that he would like to have staff explore traditional means of increasing recycling, before making capital expenditures on new technologies. He mentioned the possibility of closing some Customer Convenience Centers to save costs or increase recycling. Director Mehta informed the Board that recycling at the County's parks has just been implemented through the County's contract with Waste Management. He stated that staff will be moving forward with the municipalities and recycling at County beaches. A motion was made by Vice Chairman Flescher, seconded by Chairman Solari, to direct staff to report back to the Board with recycling data from January 2016 to January 2017, for further discussion on costs and means for increasing recycling volumes. The motion carried by the following vote: Aye: Absent:
4 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, and Commissioner Zorc 1 - Commissioner O'Bryan
The Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of Commissioners of the Environmental Control Board.
Indian River County Florida
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Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
DRAFT - Meeting Minutes Solid Waste Disposal District Tuesday, September 20, 2016 9:00 AM
Commission Chambers
Board of County Commissioners Bob Solari, Chairman, District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis, District 1 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
Board of County Commissioners
Meeting Minutes-SWDD
September 20, 2016
B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes will be approved under the next Solid Waste Disposal District meeting. 1.
Amendment No. 1 to Work Order CCNA-2014 WO No. 4 to Geosyntec for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill
16-767
Attachments: Staff Report
Work Order No 4
Chairman Solari asked Administrator Brown to have a strategy to bring the groundwater monitoring/reporting to an end when it comes back to the Board in 2017. A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to approve and authorize the Chairman to execute Amendment No. 1 to CCNA-2014 to Work Order No. 4, authorizing Geosyntec Consultants, Inc. to implement the pre-Remedial Action Plan Modification (RAPM) investigation and finalize the bioremediation design required by the Federal Department of Environmental Protection (FDEP), not to exceed the fee of $29,980. The motion carried by the following vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
The Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of County Commissioners of the regular meeting.
Indian River County Florida
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Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
DRAFT - Meeting Minutes Solid Waste Disposal District Tuesday, October 4, 2016 12:13 P.M. Commission Chambers
Board of Commissioners of the SWDD Bob Solari, Chairman, District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis, District 1 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
Board of Commissioners
SWDD Meeting Minutes - Draft
October 4, 2016
15. SPECIAL DISTRICTS AND BOARDS B. Solid Waste Disposal District The Board of County Commissioners adjourned the Emergency Services District meeting and reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved at the next Solid Waste Disposal District meeting. 15.B.1. 16-810
Approval of Minutes 2016-2017 Preliminary Budget Hearing of September 14, 2016
15.B.2. 16-807
Approval of Minutes 2016-2017 Final Budget Hearing of September 21, 2016
A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to approve the Minutes of the 2016-2017 Preliminary Budget Hearing of September 14, 2016, and the Minutes of the 2016-2017 Final Budget Hearing of September 21, 2016, as written. The motion carried by the following vote: Aye:
15.B.3. 16-816
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
First Amendment to Franchise Agreement with Waste Management
Attachments: Staff Report
First Amendment
Director of Utility Services Vincent Burke provided background and analysis on the First Amendment to the Franchise Agreement with Waste Management, which deals with the fluctuations in the natural gas component of the Consumer Price Index (CPI) increase. He stated that staff's proposal is to eliminate the natural gas component of the rate adjustment and reduce the CPI increase from a maximum rate adjustment from 3.5% to 3.0%, with the understanding there will be no rate adjustment for the upcoming Fiscal Year starting on October 1, 2016 and ending September 30, 2017. He reviewed the amendments to the Franchise Agreement and directed the Board's attention to the Revised Exhibit 4 - Calculation of Rate Adjustment. Commissioner Zorc recognized Waste Management on their service and community support. Discussion ensued on the success of the cart swap initiative, and Himanshu Mehta, Managing Director for the Solid Waste Disposal District (SWDD), responded to questions about which items can and cannot be recycled. He stated that the SWDD will be providing more education to the public on recycling in the upcoming year. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to approve staff's recommendation. The motion carried by the following Indian River County Florida
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Board of County Commissioners
SWDD Meeting Minutes - Draft
October 4, 2016
vote: Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
The Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of County Commissioners of the regular meeting.
Indian River County Florida
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Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com
DRAFT – Meeting Minutes Solid Waste Disposal District Tuesday, October 18, 2016 11:26 AM Commission Chambers
Board of Commissioners of the SWDD Bob Solari, Chairman, District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis, District 1 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
Board of County Commissioners
Meeting Minutes - Draft
October 18, 2016
B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved under the next Solid Waste Disposal District meeting. 1.
CCNA-2014-Work Order No. 5 to Geosyntec for Title V Air Operation Permit Renewal
16-908 Recommended Action:
SWDD staff recommends that its Board approve CCNA-2014-Work Order No. 5 with Geosyntec in the amount of $64,107 to provide engineering services for preparation and submittal to FDEP of the application for renewal of the Title V air operation permit, authorize the County Administrator to sign the application, and authorize the Chairman to execute the same. Director of Utility Services Vincent Burke explained the details of the Title V Air Operation Permit renewal for the Clean Air Act requirements, and the proposed tasks of the Work Order. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to: (1) approve CCNA-2014-Work Order No. 5 with Geosyntec in the amount of $64,107 to provide engineering services for preparation and submittal to the Florida Department of Environmental Protection (FDEP) of the application for renewal of the Title V Air Operation Permit; (2) authorize the County Administrator to sign the application; and (3) authorize the Chairman to execute the same. The motion carried by the following vote:
Aye:
2.
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Eighth amendment to Feedstock Supply Agreement.
16-912 Recommended Action:
Staff recommends that the Board ratify and approve the Draft Eighth Amendment to the Feedstock Supply Agreement and authorize the Chairman to execute same upon final review and approval by the County Attorney. Director Burke provided background and recommended the Board ratify and approve the proposed Eighth Amendment to the Feedstock Supply Agreement between the Indian River County Solid Waste District and INEOS New Planet BioEnergy, LLC, to process excessive hurricane generated vegetative debris. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher, to ratify and approve the Eighth Amendment, and authorize the Chairman to execute same upon final review and approval by the County Attorney. The motion carried by the following vote:
Aye:
3.
16-913
Indian River County Florida
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
Agreement with FDOT for Hurricane Generated Vegetative Debris Disposal from State Roads Page 1
Board of County Commissioners Recommended Action:
Meeting Minutes - Draft
October 18, 2016
Staff recommends that the Board ratify and approve the Draft Hurricane Matthew Generated Vegetative Debris Disposal Agreement and authorize the Chairman to execute the Agreement upon final review and approval by the County Attorney. Director Burke recapped the proposed Hurricane Matthew Generated Vegetative Debris Disposal Agrement between the Indian River County Solid Waste Disposal District and the Florida Department of Transportation (FDOT), to utilize the Indian River County landfill for the disposal of hurricane generated vegetative debris located on state highways. A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan, to ratify and approve the Agreement, and authorize the Chairman to execute same upon final review and approval by the County Attorney. The motion carried by the following vote:
Aye:
5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner O'Bryan, and Commissioner Zorc
The Board of Commissioners adjourned the Solid Waste Disposal District meeting and reconvened as the Board of County Comissioners of the regular meeting.
Indian River County Florida
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