HomeMy WebLinkAbout11/03/2015BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 3, 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
Leona Adair Allen, Deputy Clerk
Present
Present
Present
Present
DVD
TIMES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
Joseph A. Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 Delete: Item 8.G. Florida Department of Transportation (FDOT) Local Agency
a.m. Program (LAP) Supplemental Agreement and Resolution Authorizing the
Chairman's Signature, 87th Street and 91st Avenue Sidewalk Improvements,
IRC Project No. 1205 FM No. 431728-1-58/68/01
Move: Item 15.B.5. Request to Draw on Waste Management's Performance
Bond, to be heard in conjunction with Item 5.C.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the Agenda, as amended.
PACKET
PAGES
Board of County Commission Minutes Page 1
November 3, 2015
5. PROCLAMATIONS and PRESENTATIONS
9:03 A. Presentation of Proclamation Designating the Day of November 11, 2015, as
a.m.
Veterans Day 1
Chairman Davis read and presented the proclamation to retired Colonel
Marty Zickert and Vietnam Veteran John Genovese. Colonel Zickert
announced upcoming celebration events for Veterans Day.
9:12 B. Presentation of an Update on the ORCA — SCOTTS Working Group Study
a.m. of the Indian River Lagoon by Commissioner Peter D. O'Bryan
Commissioner O'Bryan, member of the Research Review Committee
for the Ocean Research and Conservation Association's (ORCA)
comprehensive canal study, provided an update on the nutrients and
sediment found in the Indian River Lagoon; what the ORCA Kilroy
water monitoring system revealed; and the issues with muck
accumulation.
9:24 C. Update by Waste Management
a.m.
Lisa McNeight, Area Public Sector Director with Waste Management,
Inc., of Florida (WMIF) reviewed their proposed recovery process;
moving forward with a delivery plan; and showed a video of the Call
Center. Throughout the update and presentation, she responded to the
Board's issues and concerns.
Bob DelaCruz, Waste Management, Inc., of Florida (WMIF) Operations
Manager, spoke about proper cart placement and rerouting the trucks
for better quality service within the same service days.
(Clerk's Note: The Chairman adjourned this meeting at 10:17 a.m. to
reconvene as the Board of Commissioners of the Solid Waste Disposal
District, to hear Item 15.B.5. in conjunction with this item.)
6. APPROVAL OF MINUTES
10:37 A. September 17, 2015 Final Budget Hearing
a.m.
B. September 22, 2015 Regular Meeting
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the Final Budget
Hearing Meeting Minutes of September 17, 2015 and the Regular
Meeting Minutes of September 22, 2015, as written.
Board of County Commission Minutes Page 2
November 3, 2015
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
10:38 A. 2015 Election of Short Term Vacation Rental Advisory Committee
a.m. (STVRAC) Chairman and Vice Chairman
(memorandum dated October 21, 2015)
B.
C.
2
Noted for the record was the election of Glenn Powell as Chairman, and
Joe Paladin as Vice Chairman, of the Short Term Vacation Rental
Advisory Committee (STVRAC).
Proclamation and Retirement Award Honoring Timothy Ward on His
Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue With Thirty-three Years of
Service
3-4
Commissioner O'Bryan recognized the retirement of Timothy Ward.
The Florida Development Finance Corporation Annual Reporting
Requirements
(letter dated October 19, 2015)
5-27
D. Update on All Aboard Florida / Vero Electric Expenses
(memorandum dated October 27, 2015) 28-30
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously approved the Consent
10:38 Agenda, pulling Item 8.C. for discussion.
a.m.
A.
B.
Approval of Checks and Electronic Payments October 9, 2015 to October
15, 2015
(memorandum dated October 15, 2015)
31-38
Approved the checks and electronic payments as supplied by the
Comptroller's office.
Approval of Checks and Electronic Payments October 16, 2015 to October
22, 2015
(memorandum dated October 23, 2015)
39-47
Approved the checks and electronic payments as supplied by the
Comptroller's office.
10:39 C. Quarterly Investment Report for Quarter Ending 09/30/2015
a.m. (memorandum dated October 26, 2015) 48-60
Commissioner O'Bryan encouraged staff to continue looking for
opportunities to maximize the County's overall return by paying off
older debt, even though it is currently a low interest rate environment.
Board of County Commission Minutes Page 3
November 3, 2015
Administrator Joseph Baird stated that his staff continues to work
closely with the Clerk of Circuit Court and Comptroller on debt and
strategies.
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, agreed
that it is still a low interest market and reported that a few investments
had been purchased over 1% before the market dropped, but those
investments are no longer available.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the Quarterly
Investment Report.
D. Quarterly OPEB Trust Report for Quarter Ending 09/30/2015
(memorandum dated October 26, 2015) 61-63
Approved the Quarterly Investment Report.
E. Changes in Investment Policy
(memorandum dated October 26, 2015) 64-73
Approved the Investment Policy changes.
F. Miscellaneous Budget Amendment 027
(memorandum dated October 28, 2015) 74-76
Approved Resolution 2015-124, amending the fiscal year 2014-2015
Budget.
G. FDOT Local Agency Program (LAP) Supplemental Agreement and
Resolution Authorizing the Chairman's Signature, 87th Street and 915
Avenue Sidewalk Improvements, IRC Project No. 1205 FM No. 431728-1-
58/68/01
(memorandum dated October 19, 2015)
H.
I.
77-82
Deleted.
74th Avenue — Advance Acquisition of Right -of -Way, 925 74th Avenue,
S.W., INEOS New Planet Bioenergy, LLC
(memorandum dated October 21, 2015)
83-92
Approved the Contract for Sale and Purchase of the INEOS New Planet
Bioenergy, LLC (INEOS) property for $24,273.42, and authorized the
Chairman to execute the contract on behalf of the Board.
Change Order No. 2 and Release of Retainage, 66`h Avenue Roadway
Improvements (S.R. 60 to North of 49th Street), IRC Project No. 0545 &
0370 — Bid No. 2013008
(memorandum dated October 1, 2015)
93-135
Approved Change Order No. 2, and approval of Dickerson Florida,
Inc.'s Pay Application No. 29 (Final) for release of retainage in the
amount of $1,011,993.42. The fmal contract amount will be
Board of County Commission Minutes Page 4
November 3, 2015
J.
$20,239,868.41.
Amendment No. 2 to Work Order No. 1 for Masteller & Moler, Inc., 49th
Street/US 1 Intersection Improvements, IRC Project No. 1412
(memorandum dated October 21, 2015)
136-140
Approved Amendment No. 2 to Work Order No. 1 to Masteller &
Moler, Inc., authorizing professional services in the Scope of Services
(Exhibit "A"), and authorized the Chairman to execute Amendment No.
2 to Work Order No. 1, for a lump sum amount of $7,935.00.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B.
C.
Emergency Services
None
General Services
None
1.
Human Services
None
Board of County Commission Minutes Page 5
November 3, 2015
D.
E.
10:41
2. Sandridge Golf Club
None
3, Recreation
None
Human Resources
None
Office of Management and Budget
1. Update to Sealed Bid Sale of 5940 26th Street — Bid 2015042
a.m. (memorandum dated October 19, 2015)
F.
141-143
Director of Management and Budget Jason Brown provided an
update on the property located at 5940 26th Street, and stated
that the proposed buyer had determined the lot was not as deep
as was thought; therefore, he requested to not close on the
property. Director Brown recommended moving forward with
a sealed bid to sell the property, and retain the $1,000 security
deposit.
Chairman Davis suggested staff start requiring 10% of the
purchase price down, in lieu of a $1,000 security deposit.
Administrator Baird said staff would start doing so in the
future.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1) approved
to retain the $1,000 security submitted by the defaulting bidder
as liquidated damages and declared Mr. Tuan Nguyen ineligible
to bid on the future purchase of the property; (2) rejected the
two lower bids submitted for the sale; (3) directed staff to re -
advertise the property for sale by sealed bid; and (4) required
the deposit in escrow for the sale of County property to be 10%
of the purchase price, with one-half of the deposit being
certified.
Public Works
10:47 1. Seismic Airgun Testing, Presentation by Erin Handy, Oceana
a.m. (memorandum dated October 28, 2015)
144-145
Board of County Commission Minutes Page 6
November 3, 2015
G.
Public Works Director Christopher Mora informed the Board
that Erin Handy, Oceana Group, had given a presentation to
the Beach and Shore Preservation Advisory Committee, and a
request was made that she bring it to the Board of County
Commissioners, to see if there would be support for a
Resolution against seismic airgun testing.
Erin Handy, Florida Manager for Oceana Group, used a
PowerPoint presentation to speak about seismic airgun testing
for the exploration of oil and natural gas off the mid-Atlantic
coast of Florida, and its impacts to marine wildlife.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to direct staff to
research this issue and bring it back to the Board with a draft
Resolution to ban seismic airgun testing.
County Coastal Engineer James Gray informed the Board that
the Beach and Shore Preservation Advisory Committee voted to
support a Resolution opposing seismic airgun testing, and also
voted to support more passive types of investigations.
Tuck Ferrell, 12546 N. Highway A1A, voiced his concerns over
the noise factor and the harm to sea creatures.
The Chairman CALLED THE QUESTION, and by a 4-1 vote
(Vice Chairman Solari opposed), the Motion carried.
The Chairman called for a break at 11:07 a.m., and reconvened
the meeting at 11:18 a.m., with all members present.
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
11:18 A. Demolition Liens
a.m. (memorandum dated October 12, 2015) 146-153
Deputy County Attorney William DeBraal requested the Board
approve the following liens of demolition: (1) BH -18 Properties, LLC,
2460, 2470, and 2480 41st Street; (2) Harvey Smith, 4346 27th Avenue in
Hillcrest Subdivision; and (3) Louise Wild, 4541 38th Court.
ON MOTION by Vice Chairman Solari, SECONDED by Chairman
Davis, the Board unanimously approved the following demolition lien
amounts: (1) BH -18 Properties, LLC in the amount of $13,951.46;
Board of County Commission Minutes Page 7
November 3, 2015
(2) Harvey Smith in the amount of $3,651.46; and (3) Louise Wild in
the amount of $4,977.38; and authorized the Chairman to execute each
lien for recordation in the public records.
11:20 B. Legislative Update by Kate Pingolt-Cotner, Assistant County Attorney
a.m.
Assistant County Attorney Kate Pingolt Cotner provided the Board
with a current update on the Florida Legislature.
14. COMMISSIONERS MATTERS
A.
Commissioner Wesley S. Davis, Chairman
11:25 1. Treasure Coast Regional Planning Council Appointments
a.m. (memorandum dated October 22, 2015)
B.
C.
D.
11:26
154-157
Chairman Davis requested the Board submit their Treasure
Coast Regional Planning Council's 2015-2016 membership
appointments by December 2, 2015.
Commissioner Bob Solari, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
1. Termination of Indian River Lagoon Counties Collaborative
a.m. (memorandum dated October 27, 2015)
E.
158-161
Commissioner O'Bryan revealed that due to the formation of a
new National Lagoon Council, the Indian River Lagoon
Counties Collaborative was being terminated because of
redundancy.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the
termination of the Indian River Lagoon Counties Collaborative.
Commissioner Tim Zorc
None
Board of County Commission Minutes Page 8
November 3, 2015
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
Emergency Services District
The Board reconvened as the Board of Commissioners of the
Emergency Services District. Those Minutes are available
separately.
1. Approval to Replace Seven (7) Cardiac Monitors for Fire -Rescue
Division from Physio -Control, Inc.
(memorandum dated October 23, 2015)
162-168
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 July 15, 2015 SWDD Budget Workshop
2. Approval of Minutes September 17, 2015 SWDD Final Budget
Hearing
3. Landlord's Waiver for MWI
(memorandum dated October 28, 2015) 169-174
4. Final Pay to Geosyntec for Work Order No. 10 for Additional Site
Redevelopment Assessment Activities at South Gifford Road
Landfill
(memorandum dated October 16, 2015)
175-182
10:17 5. Request to Draw on Waste Management's Performance Bond
a.m.
C.
(memorandum dated October 26, 2015) 183-196
(Clerk's Note: This item was heard in conjunction with Item
S.C.)
Environmental Control Board
None
Board of County Commission Minutes Page 9
November 3, 2015
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:31
a.m.
ATT T:
Jeffr - R. Smi , CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By.
Jo_i042.4_t_<
Bob Solari, Chairman
eputy Clerk
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Board of County Commission Minutes Page 10
November 3, 2015