HomeMy WebLinkAbout10/20/2015BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY. FLORIDA
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 20, 2015
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
District 1 Present
District 5 Present
District 2 Present
District 4 Present
District 3 Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Present
Present
Present
Present
DVD
TIMES
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, IRC Sheriff Department
Community Development Director Stan Boling
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 Delete: Item 13.A. Overview of Legislative Update By Kate Pingolt Cotner, Assistant
a.m. County Attorney
Add: Item 5.D. Update by Waste Management on Solid Waste and Recycling
Collection
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the agenda as amended.
PACKET
PAGES
Board of County Commission Minutes
October 20, 2015
Page 1
5. PROCLAMATIONS and PRESENTATIONS
9:02 A. Presentation of Proclamation Designating the Month of October 2015, as
National Arts and Humanities Month
a.m.
9:10
a.m.
9:15
a.m.
Commissioner O'Bryan read and presented the Proclamation to Barbara
Hoffman, Executive Director, Cultural Council. Ms. Hoffman distributed
copies of the 2015-2016 Arts and Cultural Guide.
B. Presentation of Proclamation Designating the Week of October 26, 2015, as
Community Action Agency Week
Chairman Davis read and presented the Proclamation to Leonard
Edwards, Executive Director, and Joseph Dousi, Jr., Board Member, of
the Economic Opportunities Council (FOC) of Indian River County.
C. Presentation of Proclamation Designating the Day, October 23, 2015, as
Breast Cancer Awareness/Wear Pink Day in Indian River County, Florida
Vice Chairman Solari read and presented the Proclamation to Traffic
Analyst Jeanne Bresett, who was accompanied by seven other individuals.
9:26 D. Emergency Addition: Update by Waste Management on Solid Waste and
a.m. Recycling Collection
Waste Management representatives Lisa McNeight and Bob DelaCruz
gave an update on the recycling and subscription garbage collection
services that the company took over on October 1, 2015. They discussed
problems that have occurred with the deployment of the trash/recycling
carts and missed pickups, apologized for same, and described Waste
Management's plans for improving service.
The Commissioners posed questions and expressed opinions to Ms.
McNeight and Mr. DelaCruz regarding customers who have not yet
received trash/recycling service or carts; the firm's call center; the need
to avoid further service delays; and holiday pickups.
Under further discussion, staff disclosed that there is a provision in the
current franchise contract for Waste Management's client list to be
surrendered if a new hauler assumes service in the future.
Stephen Sczurek, 945 37`h Avenue, spoke to Waste Management's need to
have sufficient staff on the haul routes.
Mr. DelaCruz briefly reviewed the requirements for yard waste pick up.
County Administrator Joseph Baird advised Waste Management that
some commercial customers have not been receiving service.
1
2
3
Board of County Commission Minutes Page 2
October 20, 2015
6.
County Attorney Dylan Reingold asked the Board to forward to
appropriate staff or to him, any public record requests for copies of the
franchise agreement between the County and Waste Management.
The Board also wanted the contract, to be published on the County's
website.
APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Florida Public Service Commission Consummating Order No. PSC -15 -0386 -PAA -
EQ Effective and Final has been Received and is Available for Review in the Office
of the Clerk to the Board
B. State of Florida Department of Transportation Public Transportation Joint
Participation Agreement with the Indian River County Metropolitan Planning
Organization
4-22
C. Save the Date — Gifford Housing Fair, Monday November 2, 2015
10:16 D.
a.m.
23
Retirement Award and Proclamation Honoring Rebecca Roach on Her Retirement
from Indian River County Board of County Commissioners Department of Public
Works/Engineering Division with Thirty Years of Service
(Clerk's Note: This item was discussed following Item 8.F., and is placed here for
continuity).
Commissioner O'Bryan applauded Rebecca Roach on her public service as a
County employee for thirty years.
8. CONSENT AGENDA
9:53 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan,
a.m. the Board unanimously approved the Consent Agenda, pulling Items 8.F. for
discussion.
24-25
A. Approval of Warrants — October 2, 2015 to October 8, 2015
(memorandum dated October 8, 2015) 26-33
Approved the list of warrants (checks and electronic payments) and wires as
supplied by the Comptroller's office.
Board of County Commission Mmutes Page 3
October 20, 2015
B. Declare Excess Equipment Surplus for Trade -Up Program
(memorandum dated October 13, 2015) 34-38
Declared Taser Units X00-290961 and X00-387171 surplus, and authorized the
Animal Control Division to destroy them for a total $360 discount on the
purchase of the two new Taser units from TASER International, Inc.
C. Change Order No. 1 and Release of Retainage, 45th Street Canal Enclosure (43rd
Avenue — Family Dollar Entrance), IRC Project No. 1427
(memorandum dated October 7, 2015)
39-57
Approved Change Order No. 1 and payment of Johnson -Davis, Inc.'s
Contractor's Application for Payment No. 3F for release of retainage in the
amount of $7,698.33.
D. Change Order No. 1 and Release of Retainage, Bid No: 2014046, 13th Street S.W. at
58th Avenue Bridge, IRC Project No. 0530B
(memorandum dated October 5, 2015)
58-91
Approved Change Order No. 1 and payment of Dickerson Florida, Inc.'s Pay
Application No. 9 (Final) for release of retainage in the amount of $133,372.10.
E. Change Order No. 2, Martin Luther King Walking Trail, IRC Project No. 1413, Bid
No. 2015034
(memorandum dated October 12, 2015)
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously approved Change Order No. 2 to Timothy
Rose Contracting, Inc., increasing the contract amount by $67,446.95 for a new
contract total of $211,375.67.
9:54 F. Florida Inland Navigation District (FIND) Project Agreement No. ICW-IR-15-01,
a.m. Small Scale Derelict Vessel Removal Program
(memorandum dated October 12, 2015)
Commissioner Flescher invited County Coastal Engineer James Gray to
elaborate on the derelict vessel removal program.
County Coastal Engineer James Gray gave a PowerPoint Presentation on
derelict vessels, which included information on permitting requirements and
related costs for vessel removal. He disclosed that two (2) derelict vessels have
been identified in the Intracoastal Waterway near Sebastian, and two (2)
additional "at risk or pre -derelict" vessels have been located in the County and
may need removal in the future. Mr. Gray advised that the Florida Inland
Navigation District (FIND) Grant provides a maximum of $6,000 towards
removal costs; $2,000 would come from local funds.
Commissioner O'Bryan suggested asking the City of Sebastian if it would like
to cost -share with the County on removal of the vessels.
A brief discussion ensued, with input from staff, about the lengthy permitting
process for removal of derelict vessels.
92-95
96-108
Board of County Commission Minutes Page 4
October 20, 2015
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
Zorc, the Board unanimously approved and authorized the Chairman to
execute on behalf of the County, two (2) copies of the Florida Inland Navigation
District's (FIND) Project Agreement No. ICW-IR-15-01.
Bob Johnson, Coral Wind Subdivision, sought and received further
information on the vessel removal process.
A brief discussion ensued on this year's successful green sea turtle nesting
season. Vice Chairman Solari requested a spreadsheet comparing green sea
turtle nesting activity over the past several years.
G. Agreement with the State Department of Environmental Protection for Maintenance
of the Trans -Central Florida Railroad Trail through the St. Sebastian Preserve State
Park
(memorandum dated October 12, 2015)
109-117
Approved the Memorandum of Agreement with the State Department of
Environmental Protection — Division of Recreation and Parks for maintenance
of the Trans -Central Florida Trail in St. Sebastian River State Park.
H. Agreement with the State of Florida Division of State Lands to Obtain an Easement
for Construction of the Trans -Central Florida Railroad Trail through the St.
Sebastian Preserve State Park
(memorandum dated October 12, 2015)
118-130
Adopted the Direct Benefit Easement Agreement with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida and authorized
staff to transmit the executed agreement to the State of Florida.
I. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida
Department of Transportation (Public Transportation Block Grant)
(memorandum dated October 8, 2015)
131-143
Approved: (1) the Public Transportation Supplemental Joint Participation
Agreement (SJPA) [Contract No. ARQ56] for Public Transportation Block
Grant with the Florida Department of Transportation (FDOT); and (2)
Resolution 2015-122, authorizing the execution of a Public Transportation
Supplemental Joint Participation Agreement with the Florida Department of
Transportation.
J. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the Florida
Department of Transportation (Formula Grants for Rural Areas)
(memorandum dated October 8, 2015)
144-156
Board of County Commission Minutes Page 5
October 20, 2015
Approved: (1) the Public Transportation Supplemental Joint Participation
Agreement (SJPA) [Contract No. ARQ46] for Rural Areas funds, with the
Florida Department of Transportation (FDOT); and (2) Resolution 2015-123,
authorizing the execution of a Public Transportation Supplemental Joint
Participation Agreement with the Florida Department of Transportation.
K. Second Amendment to Elevated Water Tank Space License Agreement with New
Cingular Wireless PCS, LLC
(memorandum dated October 7, 2015)
157-177
Approved the Second Amendment to Elevated Water Tank Space License
Agreement with New Cingular Wireless PCS, LLC, and authorized the
Chairman to execute the lease with same.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
10:16
a.m.
A. PUBLIC HEARINGS
1. 790 A1A, LLC's Request for Conceptual Planned Development (PD) Plan
and Special Exception Approval for a Project to be known as Sandy Lane
(memorandum dated October 6, 2015)
178-196
Quasi Judicial
Proof of Publication of Advertisement for Hearing is on file in the
Office of the Clerk to the Board
As requested by the Chairman, Commissioners O'Bryan, Solari,
Flescher, and Zorc affirmed that they had an open mind and were able
to base their decisions on the evidence presented and the applicable law.
Commissioner O'Bryan said that he had spoken with staff about Sandy
Lane, but maintained an open mind and would base his decision on
evidence and law.
The Deputy Clerk administered the Oath to all persons who wished to
speak at the hearing.
Community Development Director Stan Boling provided a PowerPoint
Presentation (copy on file) detailing 790 A1A, LLC's request for a
Conceptual Planned Development (PD) Plan and Special Exception
Approval for Sandy Lane, a proposed nine -lot single-family PD to be
located at 790 Highway A1A. He conveyed the recommendations of the
Planning & Zoning Commission and staff, for Board approval of the
conceptual PD Plan and special exception use request, with conditions
outlined in staff's report.
Board of County Commission Minutes Page 6
October 20, 2015
The Chairman opened the Public Hearing.
Joseph Schulke, Project Engineer, Schulke, Bittle, and Stoddard, LLC,
invited questions; there were none.
There were no additional speakers, and the Chairman closed the Public
Hearing
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously granted conceptual Planned
Development (PD) and Special Exception Approval for Sandy Lane,
with conditions outlined on page 184 of the agenda package.
10:31 2. Consideration of an Ordinance to Amend (Update) County Code Chapter
a.m. 800, Title VIII Comprehensive Plan of the Code of Indian River County
(memorandum dated October 8, 2015)
197-213
Legislative
Proof of Publication of Advertisement for Hearing is on file in the
Office of the Clerk to the Board
Community Development Director Stan Boling provided background
and analysis on staff's request to revise certain sections of Chapter 800
of the County Code, which has not been updated since 1990.
ON MOTION by Commissioner Zorc, SECONDED by Chairman
Davis, the Board unanimously adopted Ordinance 2015-016, amending
Chapter 800, Title VIII, Comprehensive Plan, of the Code of Indian
River County, and providing for codification; severability; and effective
date.
10. PUBLIC ITEMS
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
Board of County Commission Minutes Page 7
October 20, 2015
11. COUNTY ADMINISTRATOR MATTERS
10:34 A'
a.m.
Meetings of the Indian River County Board of County Commissioners Proposed
2016 Meeting Dates
(memorandum dated October 2, 2015)
214-215
County Administrator Joseph Baird presented for Board consideration the
proposed schedule of Board meeting dates for 2016.
ON MOTION by Commissioner Zorc, SECONDED by Commissioner
Flescher, the Board approved the Indian River County Board of County
Commission 2016 Meeting Dates, as presented on page 215 of the agenda
package.
12. DEPARTMENTAL MATTERS
A. Community Development
None
B.
C.
D.
Emergency Services
None
General Services
None
1. Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
Human Resources
None
Board of County Commission Minutes Page 8
October 20, 2015
10:34
a.m.
E.
F.
G.
Office of Management and Budget
1. Quarterly Budget Report
(memorandum dated October 14, 2015)
216-228
Management and Budget Director Jason Brown used a Prezi
Presentation to present the budget report for the fourth quarter of
fiscal year 2014-2015.
Chairman Davis asked staff to post on the County's website, the legal
expenses for issues related to All Aboard Florida and the Vero Beach
Electric/Florida Municipal Power Agency.
Discussion ensued about the Sporting Clays & Skeet/Trap Expansion
and Educational Building that is anticipated to be complete in the
summer of 2016.
Commissioner Zorc suggested that staff initiate some type of
outreach program to advertise shooting range events.
Public Works
None
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Overview of Legislative Update By Kate Pingolt Cotner, Assistant County
Attorney
(no back-up)
Deleted
14. COMMISSIONERS MATTERS
A.
B.
C.
Commissioner Wesley S. Davis, Chairman
None
Commissioner Bob Solari, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Board of County Commission Minutes Page 9
October 20, 2015
D.
E.
10:50
a.m.
Commissioner Peter D. O'Bryan
None
Commissioner Tim Zorc
1. Resolution for Funding — Temporary Lease of up to Two (2) Ambulances
(memorandum dated October 15, 2015)
229
Commissioner Zorc inquired about the possibility of renting one or
two ambulances until the new emergency vehicles arrive in 2016. He
spoke about a recent breakdown involving several emergency
vehicles, and the increased need for services during the winter season.
Assistant Fire Chief Brian Burkeen replied that vehicle dealers do not
lease ambulances and that the County currently has three spare
ambulances. He stated that the recent breakdown was unlikely to
reoccur, and that new emergency vehicles are on order.
Board deliberations followed, with input by County Administrator
Joseph Baird, regarding the emergency vehicles and repair
procedures. It was noted that an additional mechanic is being hired
for the Department of Emergency Services.
John O'Connor, President, International Association of Firefighters
(IAFF), Local 2201, asked why the mechanic position was budgeted
for in July 2015, but not advertised until October 2015.
County Administrator Joseph Baird described the budget process,
and said the position was budgeted for October 1, 2015, the beginning
of the fiscal year.
Responding to Mr. O'Connor's query, Chief Burkeen disclosed that a
new fire engine and ambulance would be delivered for Fire Station 13
sometime in mid-November 2015.
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
11:15
a.m.
Emergency Services District
None
Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are available separately.
1. Approval of Minutes August 18, 2015
Board of County Commission Minutes Page 10
October 20, 2015
2. Approval of Minutes September 10, 2015 Preliminary Budget Hearing
11:16 3. Amendment No. 3 to Work Order No. 1 to Kessler Consulting, Inc., for
a.m. Service Transition Assistance
(memorandum dated October 14, 2015)
C.
Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:25 a.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller �.17
By:
Wesley S. avis, Chairman
BCC/MG/2015Minutes
DEC 0 9 2095
Board of County Commission Minutes
October 20, 2015
230-235
Page 11