HomeMy WebLinkAbout01/06/2015BCC BOARD OF COUNTY
COMMISSIONERS
EI? �O INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
z �
TUESDAY,JANUARY 6, 2015
County Commission Chamber
Indian River County Administration Complex
�LpRVDQ* 1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S.Davis, Chairman District 1 Present Joseph A.Baird, County Administrator Present
Bob Solari,Vice Chairman District 5 Present Dylan Reingold, County Attorney Present
Joseph E.Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit
Peter D. O'Bryan District 4 Present Court and Comptroller
Tim Zorc District 3 Absent Leona Adair Allen, Clerk to the Board
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Stan Boling, Community Development Director
3. PLEDGE OF ALLEGIANCE ` ommissione"Tier-e- Chairman Davis
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS
9:04 Addition: Item 5.1). Presentation of Proclamation Designating January 5 — 9, 2015,
a.m. as Florida First Responder Appreciation Week
Addition: Item 10.13.3. Request to Speak from Linda Winkel Regarding
Construction Work on Her Property
Deletion: Item 10.11.1. Request to Speak from Bill Rigby Regarding Robert's Rules
of Order
Deletion: Item 10.11.2. Request to Speak from Fred Mensing Regarding Potential
Lawsuit Against County and Others
Board of County Commission Minutes
January 6,2015 Pagel
The Chairman noted that under Item 11.A., there would be an Executive Session at
10:00 a.m. to discuss the Special Magistrate's recommendations concerning the
impasse between Indian River County and the International Association of Fire
Fighters (IAFF) Union.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher,
by a vote of 4-0 (Commissioner Zorc absent), the Board approved the Agenda as
amended.
5. PROCLAMATIONS and PRESENTATIONS
9:05 A. Presentation of Proclamation and Retirement Award Honoring Edward Bullard on
a.m. His Retirement from Indian River County Board of County Commissioners
Department of Utility Services/Water Distribution With Thirty-Five Years of
Service 1-2
-------------------------------------------------------------------------------------------------------------------------
Presented by Chairman Davis to Edward Bullard on his retirement.
9:10 B. Presentation of Proclamation Recognizing the Month of January, 2015, as
a.m. National Merit-
3-------
- ------------------tor-----
Presented by Vice Chairman Solari to Sabrina Seme, Big Brothers Big
Sisters of St. Lucie.
9:14 C. Presentation of Proclamations Honoring the Recipients of the 2015 Dan K.
a.m. Richardson Humanitarian Award: Joan N. Woodhouse, Nancy Johnson, Robert
W. Samuels, Tomas Rene' Perez, and William F. Glavin 4-8
-------------------------------------------------------------------------------------------------------------------------
Chairman Davis, Vice Chairman Solari, and Commissioners Flescher and
O'Bryan presented Proclamations to honor those individuals who
participated in, or became a member of the Gifford Youth Activity Center.
Freddie Woolfork, 4590 57'" Avenue, elaborated on the presentations and
contributions.
9:40 D. Addition: Presentation of Proclamation Designating January 5 — 9, 2015, as
a.m. Florida First Responder Appreciation Week
Presented by Commissioner O'Bryan and received by Emergency Services
Director John King and Assistant Fire Chief Brian Burkeen.
9:45 E. Presentation of Economic Development Annual Report by Helene Caseltine,
a.m. Economic Development Director, Indian River County Chamber of-Commerce
Helene Caseltine presented the annual Economic Development Report, which
covered the period-from October 1, 2013 --Nov-em-be-r-30, 2014.
----------- - ---------- ----- --- -- - - ----------------------------------------------
(Clerk's Note: Item 8. was heard following Item 5.E.)
Board of County Commission Minutes
January 6,2015 Page 2
6. APPROVAL OF MINUTES
1:30 A. Regular Meeting of November 18, 2014
p.m.
B. Special Call Meeting of November 18, 2014 Land Development Regulations
Amendments
C. Regular Meeting of December 2, 2014
D. Regular Meeting of December 9, 2014
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, by a 4-0 vote (Commissioner Zorc absent), the Board approved the
Regular Meeting Minutes of November 18, 2014, Special Call Meeting
Minutes of November 18, 2014, Regular Meeting Minutes of December 2,
2014, and Regular Meeting Minutes of December 9, 2014, all as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
1:31 A. Appointment of District 2 Appointee to the Planning & Zoning Commission
p.m. (P&Z)
(memorandum dated December , 93
-------- 122014) -----1-------
Commissioner Flescher announced the appointment of Alan Polackwich as
the District 2 appointee to the Planning and Zoning Commission.
B. Children's Services Advisory Committee Vacancy
(memorandum dated December 30, 2014) 14-15
-- -------------------------------------------------- -----------------
Noted for the record was the resignation of Norman Wells, Member-at-Large
Representative to the Children's Services Advisory Committee.
C. Standard & Poor's Ratings Services, Indian River County's Limited General
Obligation (GO) Bonds, Series 2006
(memorandum-dated December 29, 2014)---------------------------------------------------------16-24
-------------------- ---- --
Commissioner O'Bryan conveyed that the report received from Standard
and Poor's Rating Services showed that Indian River County's credit rating
was upgraded from "AA" to "AA+."
D. American Security Council Foundation Letter of Thanks
(letter dated December-1-7-,-2-01-4) _________________________________25______
Noted for the record was the receipt of a letter from the American Security
Council Foundation (ASCF), thanking the Board of County Commissioners
and staff for supporting the Step Up America program.
E. St. Johns River Water Management District 2015 Governing Board Meeting
Schedule
(memorandum dated December 15,-2014)-----------------------------------------------------------26------
------------------------- --
Board of County Commission Minutes
January 6,2015 Page 3
------- ------------------------------------------------------------------------------------------------------
Noted for the record was the 2015 meeting schedule for St. Johns River
Water Management District's Governing Board.
8. CONSENT AGENDA
10:03
a.m. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher, by
a vote of 4-0 (Commissioner Zorc absent), the Board approved the Consent Agenda.
A. Approval of Warrants—December 5, 2014 to December 11, 2014
(memorandum dated December 11 2014)---------------------------------------------------------27-33
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Approval of Warrants—December 12, 2014 to December 18, 2014
(memorandum dated December 1-8,-2-01-4) -------------------------------------------------34-46
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
C. Cape Canaveral Commission Meeting January 21, 2015
(memorandum dated December 1-9,-2-01-4)-----------------------------------------------------------47------
Authorized Commissioner Zorc to attend the Cape Canaveral Commission
Meeting with staff on January 21, 2015, to address Foreign Trade Zone #136
Indian River County Sub-Zone.
D. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4)
of the Indian River County Code, Codifying and Publishing the Ordinances to
Readopt the Code as Published by the Municipal Code Corporation
(memorandum dated December 29, 2014) 48
-------- ----------------------------------------------------------------------------------------------
Authorized staff to advertise for a Public Hearing on February 10, 2015, to
amend Section 100.03(4) of the Indian River County Code.
E. Extension of Lease Agreement with Rockridge Property Owners Association, Inc.
(memorandum dated December 24, 2014) 49-58
--------------------------------------------------------------------------------------------------------------------------
Approved Resolution 2015-001, approving a Community Interest Extension
of Lease with the Rockridge Property Owners Association, Inc., for County
owned property in Unit 6, Rockridge Subdivision.
F. Approval of a Limitation of Use/Site Dedication Recordable Notice for the Indian
River Lagoon Greenway Project Site
(memorandum dated December 19, 2014) 59-62
--------------------------------------------------------------------------------------------------------------------------
Authorized staff to execute and record the Notice of Limitation of Use/Site
Dedication for the Recreational Trails Program (RTP) grant funded portion
(Phase 3) of the Indian River Lagoon Greenway Project.
Board of County Commission Minutes
January 6,2015 Page 4
G. F.D.O.T. Small County Outreach Program (SCOP) Agreement— Amendment No.
2 and Resolution Authorizing the Chairman's Signature Construction
(Reconstruction) of Old Dixie Highway from IRFWCD North Relief Canal to 71st
Street, FM No. 429566-1-58-01, IRC Project No. 1137
(memorandum dated December 10,-2014) 63-68__--
-(memorandum- --
Approved Resolution 2015-002, authorizing the Chairman's execution of a
Florida Department of Transportation Small County Outreach Program
(SCOP) Amendment No. 2 for the construction (reconstruction) of Old Dixie
Highway from Indian River Farms Water Control District (IRFWCD) North
Relief Canal to 71St Street.
H. Award of Bid No. 2015017 to Tri-Sure Corporation for Vero Lakes Estates 12"
Master Plan Water Main Extension—UCP #4106
(memorandum dated December 9, 2014) 69-96
---------------------------------------------------------------------------------------------
Approved Bid No. 2015017 to Tri-Sure Corporation of Auburndale, Florida
in the amount of $380,975.00; approved and authorized the Chairman to
execute the sample Agreement after receipt and approval of the required
Public Construction Bond and Certificate of Insurance, and after the County
Attorney has approved the Agreement as to form and legal sufficiency.
L Work Order No. 1 with Schulke, Bittle & Stoddard (SBS), L.L.C., for Design,
Procurement and Construction Administration to Rehabilitate the Headworks at
the Central Wastewater Treatment Plant
(memorandum dated December-16, 2014) 97-105
-- -------------------------------------- --- -------------------------------------------------------------
Approved Work Order No. 1 with Schulke, Bittle and Stoddard, LLC, in the
amount of $15,500.00, for professional services, which includes design,
specifications/bid documents, and construction observation services to
rehabilitate the headworks at the Central Wastewater Treatment plant, in
Gifford.
J. Approval of Statements of Work for Advanced Utility Systems
(memorandum dated December 29, 2014) 106-119
Approved the implementation of Infinity Mobile; approved the purchase of
ten (10) additional user licenses; approved the related Additional User
Licenses User Tier; and authorized the Chairman to execute the three related
"Statement of Work" Agreements #AT5510, AT5511, and AT5543.
K. Martin Luther King Walking Trail, Florida Department of Environmental
Protection (FDEP) Recreational Trails Program (RTP) Grant Agreement, IRC No.
1413
(memorandum dated December-1-6,-2-01-4) 120-152
Approved the Chairman to execute the Martin Luther King Recreational
Trails Program Grant Project Agreement, and authorized the Chairman to
execute same.
Board of County Commission Minutes
January 6,2015 Page 5
L. Award of Bid No: 2015030, Vero Lake Estates Asphalt Millings Project (Phase I),
IRC Project No. 1314
(memorandum dated December 9, 2014) _________________________ 153.163
Approved the bid award to Dickerson Florida Inc. in the amount of
$712,600.00; approved the sample Agreement; and authorized the Chairman
to execute said Agreement after receipt and approval of the required Public
Construction Bond and Certificate of Insurance, and after the County
Attorney has approved the Agreement as to form and legal sufficiency.
(Clerk's Note: The Board recessed from the Regular Board of County
Commission meeting for the Executive Session at 10:03 a.m., and reconvened
in the Chambers at 1:12 p.m. The Chairman closed the Executive Session
and called for a Break from 1:12 p.m. to 1:30 p.m. Upon returning from the
Break, the County Commission meeting resumed with Item 6.)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on which
the commission may take action.)
1:34 1. Request to Speak from Bill Rigby Regarding Roberts Rule of Order and
p.m. Procedures 164
---------------------------------------------------------------------
Deleted
1:34 2. Request to Speak from Fred Mensing Regarding Potential Lawsuit Against
p.m. County and_Others-----------------------------------------------------------------------------------165-----
Deleted
---------------------------------------------------------------------------------------------------------------------
1:36 3. Addition - Emergency Item: Request to Speak from Linda Winkel
p.m. Regarding Construction Work on Her Property_________________________________________165A
- -------------------------------- ----------
Linda Winkel, 6650 45'1' Street, using a PowerPoint presentation,
provided an update concerning the construction work on her property,
and voiced concerns with some of the County's proposals. She wanted the
horse fence raised at the northeast corner of her property running west,
the driveway corrected so there would be no drainage issues, and
reimbursement for the septic drain field. She stated that everything was
Board of County Commission Minutes
January 6,2015 Page 6
---------------------------------------------------------------------------------------------------------------------
fine before the County decided to widen the road, and she wanted the
County to finish the project and do it right. She requested the Board help
resolve these issues and ensure that the remaining work will be completed
in a timely fashion.
A lengthy discussion/debate ensued regarding the options in the original
and amended Agreements.
Public Works Director Chris Mora provided some of the details of the
Agreement with Dickerson Florida, Inc. (Dickerson), and conveyed that
staff allowed Dickerson to work "flexibly" with the Winkel's, should they
want to trade and/or make changes, as long as the dollar amount did not
exceed the $59,000 budget.
Further discussion ensued regarding the driveway issues, grading of the
swales, the trees that were removed, the horse fence, the septic drain field,
and prior compensation.
Chairman Davis confirmed with Ms. Winkel that she was okay with the
swales the way they were.
Vice Chairman Solari asked if the three items that Ms. Winkel requested
could be resolved for $2,800, and was informed by staff that it could. He
did not believe this was anyone's fault, it was the circumstances of the
project which made for confusion.
Commissioner O'Bryan suggested Ms. Winkel consult with her engineer
regarding the driveway since they were the ones who designed it, and he
believed the Winkel's had already been compensated for severance
damages.
MOTION WAS MADE by Commissioner O'Bryan to authorize staff to
issue Mrs. Winkel a check for $2,800; and if there should be additional
costs it would come out of the $245,000 compensation to cure. Motion
DIED for lack of a SECOND.
Mrs. Winkel explained why the $2,800 would not compensate the issues.
MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice
Chairman Solari, to raise the height of the fence.
After the Commissioners discussed the installation of a 48" high, three-
panel wooden fence at the northeast corner running west, and/or raising
the fence to a height consistent with the existing fence, Commissioners
Flescher and Solari WITHDREW their Motion.
Board of County Commission Minutes
January 6,2015 Page 7
---------------------------------------------------- ------- -------- ------- -------------
MOTION WAS MADE by Commissioner O'Bryan to install up to 100
feet of three plank wooden fencing at 48" above the interior grade of Mr.
and Mrs. Winkel's property. Motion DIED for lack of a SECOND.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to direct staff to issue Mr. and Mrs. Winkel a $10,000
check to make the improvements on their property, with the
understanding they will provide the County with a Release.
Discussion ensued regarding the $10,000 check and what improvements it
could cover; pending responsibilities of Dickerson and the County to the
Winkels' property; and the payment eliminating all future claims to the
County.
Director Mora reiterated the items that the Winkel's would be responsible
for- the fence, driveway, and septic tank.
The Chairman CALLED THE QUESTION, and the Motion carried by a
3-1 vote (Commissioner Zore absent and Commissioner O'Bryan
opposed).
The Chairman called for a break at 3:12 p.m., and reconvened the
meeting at 3:25 p.m., with all members present.
C. PUBLIC NOTICE ITEMS
3:25 1. Notice of Scheduled Public Hearing January 13, 2015
p.m. Full Gospel Assembly Inc. of Vero Beach's Request for Special Exception Use
Approval for a Fellowship Hall Addition
(memorandum dated December 29 2014) __ 166
Quasi-Judicial
2. Notice of Scheduled Public Hearing January 13, 2015
Consider an Ordinance to Repeal Certain Language in Chapter 315 of The Code
of Indian River County with Respect to Medical Marijuana
(memorandum dated-December 29,_2014)______________________________________________________ 167
Legislative
Attorney Dylan Reingold read the Notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
10:03 A. Executive Session—Time Certain 10:00 A.M.
a.m. Request for Executive Session—January 6, 2015
(memorandum dated December 30, 2014) 168
----------------------------------------------------------------------------------------------------------------
The Chairman read into the record the opening remarks of the Executive
Session, to discuss the International Association of Firefighters (IAFF) union
Board of County Commission Minutes
January 6,2015 Page 8
negotiations, requested for 10:00 a.m. Those in attendance were
Commissioners Wesley S. Davis, Joseph E. Flescher, Peter D. O'Bryan, and
Bob Solari. Also present were the members of the Bargaining Committee:
Colleen Peterson, Human Resources Manager; Michael Zito, Assistant
County Administrator; Jason Brown, Director of Management and Budget;
John King, Emergency Services Director; Jeffrey Mandel, Attorney with
Fisher & Phillips, LLP; and County Administrator Joseph A. Baird.
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
G. Utilities Services
3:27 1. Preliminary Resolution I for Providing a Water Main Extension on
p.m. North Indian River Drive and Resolution II Setting a Public Hearing
for the Water Main Assessment Project within North Indian River
Drive— Scenario No. 2 169-186
(memorandum dated December 29, 2014)
-------------- ---------------------------------------------------------------------------------------------
Board of County Commission Minutes
January 6,2015 Page 9
Director of Utility Services Vincent Burke provided a brief history
and analysis on the proposed water assessment project that would
install a water main extension on North Indian River Drive, aka
Riverside Drive. He discussed the objectives, outlined the cost
estimates, and reviewed the two proposed Resolutions. He
reported that 11 property owner votes were in favor of the project
and 6 were in opposition (about 66-2/3% support is typical to move
forward). He said the public hearing was tentatively scheduled for
Tuesday, March 10, 2015, and mentioned that staff would hold an
informational meeting on February 4, 2014, with the affected
landowners, to give them an opportunity to learn more about the
system.
Alex Jernigan, Sebastian, spoke in support of the Public Hearing.
Janie Franklin, 13680 North Indian River Drive, supported
moving forward, so she could start receiving County water.
Harlan Franklin, North Indian River Drive, revealed that most of
the full-time residents want County water, and voted for it, but
many owners could not be reached, and for that reason they could
not get the percentage they needed (67%). He asked the Board to
support the project since they were only one vote short.
Commissioner O'Bryan was hesitant to support the full assessment
even though they were close to the 2/3 majority vote (67%). He
wanted the water lines to be run for those individuals who voted
"yes" on the assessment, but was concerned about the Ordinance,
which states 67%. He suggested using a front footage cost
breakdown, assessing the 11 that voted "yes," and the 6 who did
not support the project would be voluntary, and their assessment
would accrue interest until they hook up to the water main
extension.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Vice Chairman Solari, to direct staff to continue with the
project and include on the assessment roll those parcels whose
owners voted "yes," which include parcels 1, 5, 8, 9, 10, 11, 13, 14,
159 16, and 17. The remaining parcels would accrue interest until
such time they hook up to the water main extension.
Attorney Reingold explained the concepts and reasons why he
believed the best course of action would be to include all 17 parcels
in the original Ordinance as a special assessment.
Board of County Commission Minutes
January 6,2015 Page 10
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Vice Chairman Solari, to: (1) approve the project
and the assessment roll with all 17 properties until the March 2015
Public Hearing; and (2) approve Resolution 2015-003, providing
for water main extension to North Indian River Drive (also known
as Riverside Drive) from 13580 to and including 13680 North
Indian River Drive in Indian River County, Florida; providing the
total estimated cost, method of payment of assessments, number of
annual installments, and description of the area to be served.
The Chairman CALLED THE QUESTION and the Motion
carried by a 4-0 vote (Commissioner Zorc absent).
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Vice Chairman Solari, to assess the property owners based on
the front footage, not on the equal cost parcel methodology.
Vice Chairman Solari sought and received further information
regarding the assessment methodology.
The Chairman CALLED THE QUESTION and the Motion
FAILED by a 2-2 vote (Commissioners Davis and Flescher
opposed, and Commissioner Zorc absent).
MOTION WAS MADE by Commissioner Flescher, to direct staff
to send the Notices for Public Hearing, inclusive of both options.
Motion DIED for lack of a SECOND.
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, by a 3-1 vote (Commissioner O'Bryan opposed
and Commissioner Zorc absent), the Board approved the
assessment on an equal per parcel methodology.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, by a 4-0 vote (Commissioner Zorc absent), the
Board: (1) approved Resolution 2015-004, setting a time and place
at which the owners of properties from 13580 to and including
13680 North Indian River Drive (also known as Riverside Drive) in
Indian River County, Florida, and other interested persons, may
appear before the Board of County Commissioners of Indian River
County and be heard as to the propriety and advisability of
constructing the water main extension, as to the cost thereof, as to
the manner of payment therefor, and as to the amount thereof to
be specially assessed against each property benefited thereby; and
(2) authorized staff to install the remainder of the water main
extension to Roseland Road to complete the loop as part of the
subject project if, after the public hearing is held, the Board of
County Commissioners approves the subject project to go forward.
Board of County Commission Minutes
January 6,2015 Page 11
13. COUNTY ATTORNEY MATTERS
3:54 A. Settlement with the Guarantee Company of North America USA on behalf of
p.m. H&D Construction Co., Inc.
(memorandum dated December 29 2014)--------------------------------------------------------187-195--
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, by a 4-0 vote (Commissioner Zorc absent), the Board approved the
Settlement Agreement with The Guarantee Company of North America USA
for completion of Egret Marsh Stormwater Management Facility, and
authorized the Chairman to execute the Settlement Agreement payment in
the amount of $262,676.30, to The Guarantee Company of North America
USA in full and final settlement of all claims arising from the County claim
on the bond.
3:54 B. Restrictive Covenant on Disney Cattle Dip Property— State Road 510
p.m. -(memorandum-dated December 29, 2014)--------------------------------------------------------196-203--
Deputy Attorney DeBraal explained the restriction of use for ground water
on the 1.67-acre Disney cattle dip property, and recommended the Board
approve the Declaration of Restrictive Covenant, which would satisfy the
requirements of the Florida Department of Environmental Protection
(FDEP).
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, by a 4-0 vote (Commissioner Zorc absent), the Board approved and
authorized the Chairman to execute the Declaration of Restrictive Covenant
with the Florida Department of Environmental Protection.
3:57 C. City of Vero Beach — Indian River Shores — Indian River County Mediation
p.m. Update
(memorandum dated December 30, 2014) 204-205
--------------------------------------------------------------------------------------------------------------------------
Attorney Reingold recapped his memorandum providing the most current
information regarding the City of Vero Beach (City), Town of Indian River
Shores (Town), and Indian River County (County) mediation. Based on their
discussions, staff came up with an Interim Mediation Agreement that: (1) the
Town will abate its lawsuit until March 3, 2015; (2) the City will continue all
efforts to decrease the rates; (3) the Town and the County will have the
opportunity to evaluate options for future providers of electricity, which
includes the ability to speak with Florida Power and Light (FPL) and issue
Request for Proposals (RFP); (4) the City will ask the Orlando Utilities
Commission (OUC), the Florida Municipal Power Agency (FMPA), the bond
holders, and the like, to consent to allow the Town and County to attend
mediation meetings or negotiations that occur over the next two months; and
(5) the County will proceed forward with its petition before the Public Service
Commission (PSC) on February 3, 2015.
Board of County Commission Minutes
January 6,2015 Page 12
Attorney Reingold revealed that the City agreed in principle on December 17,
2014, and the Town agreed in principle on December 18, 2014, and all have
the final version of the Interim Mediation Agreement. He recommended the
Board approve the Interim Mediation Agreement; authorize the Chairman
and other necessary individuals to execute the Agreement; authorize the
County Attorney to execute the City's Waiver of Tortious Interference letter;
and authorize staff to start the process of an RFP that would be sent out to
find a replacement provider.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan, to accept the stipulation in principle, authorize the
Chairman to execute the final stipulation, and authorize staff and the County
Attorney's Office to prepare a Request for Proposal (RFP) or other
appropriate procurement documents for the provision of electric utility
service, once the current Franchise Agreement with the City terminates in
2017.
Commissioner O'Bryan said he had been appointed to sit in on the mediation
sessions, and during the meeting, the City kept saying that they were doing
everything to lower rates, but every time the County mentioned cessation of
transfers to the General Fund, they would say they cannot do that. He felt it
was something they could accomplish, as it would have a fairly significant
impact on the rates,yet they continue to refuse consideration.
The Chairman CALLED THE QUESTION and the Motion carried by a 4-0
vote (Commissioner Zorc absent).
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari, Vice Chairman
4:01 1. IRL—NEP Reorganization
p.m. (memorandum dated December 30 2014)---------------------------------------------206
TABLED to the January 13, 2015 Board of County Commission
meeting.
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
Board of County Commission Minutes
January 6,2015 Page 13
15• SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are available separately.
1. Approval of Minutes—Meeting of November 18, 2014
2. Work Order No. 2 to Kessler Consulting, Inc., for Feasibility of Solid
Waste Processing and Recycling Services
(memorandum dated Dee-ember-22,-2014) 207-213
3. CCNA-2014-Work Order No. 1 to Geosyntec to Provide Engineering
Services for Class I Landfill Permit Renewal and Landfill Operations
Support
(memorandum dated December 30, 2014) 214-234
C. Environmental Control Board
None
16' ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 4:04
p.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chainman
Clerk of Circuit Court and Comptro11
By: — Approved: FEg 1 0 2014
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Board of County Commission Minutes
January 6,2015 Page 14