HomeMy WebLinkAbout02/17/2015BCC BOARD OF COUNTY
TERCOMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, FEBRUARY 17, 2015
R
t1
County Commission Chamber
Indian River County Administration Complex
-ft' ORW* 180127 th Street, Building A
Vero Beach, Florida,32960-3388
www.iregov.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 Present
Peter D. O'Bryan District 4 Present Court and Comptroller
Tim Zorc District 3 Present Leona Adair Allen,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Stan Boling, Community Development Director
3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:02 Addition: Emergency Item 5.A. Presentation of Proclamation Designating the Week
a.m. of February 23-28, 2015 as National Invasive Species Awareness Week
Addition: Emergency Item 11.A. Lobbyist for 2015 Legislative Session
Deletion: Item 8.11. Authorize County Administrator to Execute the Business
Associate Agreement and Confidentiality Agreement pertaining to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA)
Move: Item 14.B.1. to be heard in conjunction with Item 10.13.1., both regarding All
Aboard Florida (AAF)
Board of County Commission Minutes
February 17,2015 Page 1
ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis, the
Board unanimously approved the agenda as amended.
5. PROCLAMATIONS and PRESENTATIONS
9:04 S.A. Addition: Emergency Item: Proclamation Designating the Week of February
a.m. 23 - 28 as National Invasive Species Awareness Week.
Presented by Commissioner O'Bryan and received by Ken Gonyo.
6. APPROVAL OF MINUTES
9:08 A. Regular Meeting of January 20, 2015
a.m.
B. Special Call Meeting of January 28, 2015
ON MOTION by Commissioner Zorc, SECONDED by Commissioner
Flescher, the Board unanimously approved the Regular Meeting Minutes of
January 20, 2015, and the Special Call Meeting Minutes of January 28, 2015,
as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:08 A. Town of Indian River Shores, City of Vero Beach, and Indian River County
a.m. Mediation—December 17 2014Meeting_Minutes_________________________________________________1-13_____
B. 2015 Election of Beach & Shore Preservation Advisory Board Chairman and Vice
Chairman
(memorandum dated_February 9, 2015) ________________ 14------
Noted for the record was the election of Christian Hendricks as Chairman,
and Bob Anderson as Vice Chairman, of the Beach and Shore Preservation
Advisory Board for 2015.
C. Florida Department of State Minority Appointment Reporting Calendar Year 2013
(memorandum dated_February 2, 2015) 15.25
8. CONSENT AGENDA
9:09 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher,
a.m. the Board unanimously approved the Consent Agenda, pulling Item 8.C. for
discussion.
A. Approval of Warrants January 30, 2015 to February 5, 2015
(memorandum dated February 5, 201 5) 26-34
-------------------------------------------------------------------------
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
Board of County Commission Minutes
February 17,2015 Page 2
B. Escheated Properties Located Within the Municipal Boundaries of the City of
Fellsmere
(memorandum dated February 6, 2015) 35-38
-------------------------------------------------------------------------
Approved the two County Deeds conveying the properties to the City of
Fellsmere, pursuant to Section 197.592(3), Florida Statutes.
(1050 State Street, and 1018 State Street- Hall, Carter and James Subdivision)
9:10 C. Miscellaneous Budget Amendment 007
a.m. (memorandum dated-February 9, 2015) 39-43
-------------------------------------------------------------------------
Vice Chairman Solari pulled this item to point out the projects that have been
scheduled to improve the Gifford community.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
O'Bryan, the Board unanimously approved Resolution 2015-023, amending
the Fiscal Year 2014-2015 Budget.
D. Declaration of Excess Equipment as Surplus for Sale or Disposal
(memorandum dated February 2, 2015) 44-47
-------------------------------------------------------------------------
Declared the items on the Excess Equipment List as surplus and authorized
their sale and/or disposal.
E. Work Order No. 1, Kimley-Horn & Associates, Inc., 45th Street Left Turn Lane at
USI, IRC Project No. 1355
(memorandum dated February 9, 2015) 48-54
--------------------------------- -------------------------------------------------------------------------
Approved Work Order No. 1 to Kimley-Horn and Associates, Inc.,
authorizing the professional services as outlined in the Scope of Services
(Exhibit A), and authorized the Chairman to execute same, for a lump sum
amount of$82,195.00.
F. Award of Bid Old Dixie Highway Sidewalk from 381h Lane to 45th Street, IRC
Project No. 0845B, Bid No. 2014032
(memorandum dated January 28, 2015) 55.65
--- --------------------------------
Approved the bid award to Timothy Rose Contracting, Inc. in the amount of
$129,200.52 as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; approved the Sample
Agreement; and authorized the Chairman to execute the 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.
G. Florida Blue—Administrative Services Agreement Renewal
(memorandum dated February 9, 2015) 66.69
---------------------------------
Authorized the County Administrator to execute the Administrative Services
Agreement renewal with Blue Cross and Blue Shield of Florida, Inc. d/b/a
Florida Blue, for the term of October 1, 2015 through September 30,2018.
Board of County Commission Minutes
February 17,2015 Page 3
H. Authorize County Administrator to Execute the Business Associate Agreement and
Confidentiality Agreement pertaining to the Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
(memorandum dated February 9, 2015) 70-86
Deleted
I. Authorize County Administrator to Execute the B1ueMedicare Group Master
Agreement
(memorandum dated-February 9, 2015) 87-106
-------------------------------------------------------------------------
Authorized the County Administrator to execute the BlueMedicare Group
Master Agreement.
J. Approval of Release of Retainage for GFA Work Order#GFA-3 for Osprey Marsh
Stormwater Park
(memorandum dated-February 9, 2015) 107-109
------------------------------------------------------
Approved the release of retainage for geotechnical services performed by GFA
International.
K. 2015-2016 Budget Workshop/ Hearing Schedule
(memorandum dated February 9, 201 5) 110
--- ---------------------------------- -------------------------------------------------------------------------
Approved the Budget Workshop dates and the dates for the Budget Hearings
for the 2015-2016 Budgets.
L. Approval of State Sovereignty Submerged Lands Fee Waived Lease 5-Year
Renewal for Boat Club Island (Spoil Island IR-25)
(memorandum dated February 10, 2015) 111-123
--- ---------------------------------- - -----------------------------------------------------------------------
Approved the Sovereignty Submerged Lands Fee Waived Lease Renewal for
Boat Club Island (Spoil Island IR-25), and authorized the Chairman to
execute same on behalf of the County.
M. John and Kari Tench's Request for Partial Release of an Easement at 5821 Bent
Pine Drive (Bent Pine Subdivision, Unit 4)
(memorandum dated February 10, 2015)-----------------------------------------------------------124-130
--- -----------------------------------
Approved Resolution 2015-024, releasing a portion of an easement on Lot 3,
Unit 4, of Bent Pine Subdivision Unit 3 and Unit 4.
N. Approval of Release of Retainage for Various Tasks of Work Order No. L-1, and
Associated Change Orders with G.K. Environmental, Inc. for Egret Marsh
Stormwater Park
(memorandum dated February 6, 2015) 131-133
--- ---------------------------------- -------------------------------------------------------------------------------------
-
Approved the release of retainage held through calendar year 2014 for
landscape maintenance and exotic vegetation control services performed by
G.K. Environmental, Inc.
Board of County Commission Minutes
February 17,2015 Page 4
O. Consent to Assignment and Assumption of License by Vertical Bridge
Acquisitions, LLC
(memorandum dated February 10, 2015)_____________________________________________ 134-137
--- ----------------------------------
Approved the consent of the transfer and assumption of the license for the Old
Dixie Highway site, and authorized the Chairman to execute the Consent to
Assignment, Sale and Assumption of License with Capstar Radio Operating
Company, and iHeartMedia Tower Co. I LLC.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:11 A. Indian River County Sheriff Deryl Loar
a.m. Request for Funding for Improvements to the Indian River County Jail
(letter dated February 9, 2015) --------------------138-143___
Sheriff Deryl Loa- requested the Board approve funding for the following
improvement projects to the Indian River County Jail: (1) replacement of hot
water boilers in C-Building; (2) replacement of cell vents in B-Building; and
(3) shower refurbishment.
Vice Chairman Solari was not in support of the Sheriffs request because of
the maintenance line items in his budget; plus, he had not received the
quarterly information he had requested earlier.
A brief discussion ensued regarding Jail maintenance.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Chairman Davis,to approve the Sheriffs request for funding.
County Administrator Joe Baird conveyed that the source would come from
Optional Sales Tax for items 1 and 3, and Ad Valorem Tax for item 2.
The Chairman CALLED THE QUESTION, and by a 4-1 vote (Vice Chairman
Solari opposed), the Motion carried. The Board approved the following
improvement projects for the Indian River County Jail: (1) replacement of
hot water boilers in C-Building; (2) replacement of cell vents in B-Building;
and (3) shower refurbishment.
10. PUBLIC ITEMS
9.17 A. PUBLIC HEARINGS
a.m.
1. Tracy Sabol's Request for Abandonment of a Right-of-Way for a 16'
Alleyway Running from 1291h Place to 130th Street and Lying Behind Lots
1-10, Block 1 of the Townsite Plat of Roseland Subdivision
(memorandum dated February 6, 2015) 144-156
----------------------------------------------------------------------------
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Board of County Commission Minutes
February 17,2015 Page 5
Community Development Director Stan Boling provided background
and analysis regarding Tracy Sabol's request to abandon a 16-foot
wide alley right-of-way that runs behind lots 1-10, of the Townsite Plat
of Roseland Subdivision. He stated that the alleyway had never been
formally improved, was not needed for drainage or access, and could
possibly be used for future utilities. He recommended the Board
abandon the alley right-of-way and retain a utility easement over the
entire right-of-way.
The Chairman opened the Public Hearing. There being no speakers,
the Chairman closed the Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board unanimously approved Resolution
2015-025, providing for the closing, abandonment, vacation and
discontinuance of a 16' wide alleyway running from 129th Place to 130th
Street and lying behind Lots 1-10, Block 1 of the Townsite Plat of
Roseland Subdivision as shown in Plat Book 1, Page 43 of the Public
Records of Saint Lucie County, as described herein, said land now
lying in Indian River County, Florida; said abandonment subject to
retaining a utility easement.
9:21 2. Public Hearing to Consider Amending the Code of Indian River County to
a.m. Create"The Indian River County Driver Education Program Trust Fund"to
Implement the Dori Slosberg Driver Education Safety Act
_(memorandum_dated February 5, 2015)---------------------------------------------------157-163
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Management and Budget Director Jason Brown provided a brief
history regarding the Indian River County Driver Education Program
Trust Fund and the Dori Slosberg Driver Education Safety Act. He
asked the Board to make a determination of whether to charge the
Dori Slosberg fee of $5.00 on traffic citations going forward, for
funding driver education courses in public and non-public schools.
The Chairman opened the Public Hearing. There being no speakers,
the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Commissioner Zorc, to approve staffs recommendation.
Commissioner O'Bryan noted the broad support expressed during the
January 20, 2015, Board of County Commission Meeting, for re-
initiating the Dori Slosberg fee to provide funding for driver education
services for local students.
Board of County Commission Minutes
February 17,2015 Page 6
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board adopted Ordinance 2015-003, amending
Section 305.08, Maintenance of Traffic Education Program Trust
Fund; Section 305.09, Reserved; and Section 306.10, Uses and Purposes
of Traffic Education Program Trust Fund, of the Code of Indian River
County to create "The Indian River County Driver Education Program
Trust Fund" implementing the Dori Slosberg Driver Education Safety
Act, and merging the Indian River County Traffic Education Program
Trust Fund into the Indian River County Driver Education Program
Trust Fund; providing for the creation and administration of the
Indian River County Driver Education Program Trust Fund;
providing for the Clerk of the Circuit and County Court to collect an
additional $5.00 with each Civil Traffic penalty assessed in the
incorporated and unincorporated areas of Indian River County to be
deposited into the Indian River County Driver Education Program
Trust Fund to fund Driver Education Programs in public and
nonpublic schools; providing for a quarterly report; providing for
grants from the Indian River County Driver Education Program Trust
Fund; and providing for severability, codification, and an effective
date.
B. PUBLIC DISCUSSION ITEMS
9:24 (As a general rule, public discussion items should be limited to matters on which
a.m. the commission may take action.)
1. Request to Speak from Susan Mehiel Regarding the County's Efforts to
Fight AAF and in Support of the County Setting Aside Funds for the Legal
Efforts to Stop- - Train----------------------------------------------------------------------- 164______
(Clerk's Note: Item 14.11.1.was heard in conjunction with this item.)
Susan Mehiel, 131 Laurel Oak Lane, explained why the Board should
continue to fight All Aboard Florida (AAF) and allot funds for
litigation to stop the proposed high speed rail project.
Vice Chairman Solari favored spending 1% of the annual budget ($2.7
million) to fight AAF. He emphasized that AAF had tried to build a
feeling amongst the citizens that this is a "done deal," but he did not
feel this to be the case.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan to: (1) appropriate $2.7 million as a fund to
protect Indian River County against All Aboard Florida through
litigation; and (2) direct staff to set aside $500,000 in Reserve Funds for
the current fiscal year, and budget $1.1 million for each of the next two
fiscal years.
Board of County Commission Minutes
February 17,2015 Page 7
A lengthy discussion ensued regarding constituent support/opposition
to the project; the dangers of high speed rail through our community;
seeking a unified front with neighboring Counties; and preserving the
quality of life in Indian River County.
The following individuals spoke in support of the motion:
• Joseph Paladin, Black Swan Consulting
• Barbara Cournoyer, Property Manager at Whispering Palms,
Sebastian
• Phyllis Frey, 275 Date Palm Road,Vero Beach
• Stanford Erickson, 1743 Belmont Circle Southwest, Vero Beach
•Nicholas Schaus,307 Sable Oak Drive, Vero Beach
• Charlie Wilson, 2134 18th Avenue,Vero Beach
• Hal Robinson, 95 Spring Lake Drive,Vero Beach
• Stephanie Austin, 6250 Arrowhead Lane,Vero Beach
• Tuck Ferrell, 12546 N. Highway AIA,Vero Beach
• Nancy Hernandez, Vice President of Waverly Place
Homeowners Association,Vero Beach
• Judy Vigliano, Sebastian
• Lange Sykes, 836 Riomar Drive, Vero Beach
• Roger Chesley, Oak Harbor,Vero Beach
• Althea McKenzie, 2405 16th Avenue,Vero Beach
•John O'Connor, President of the International Association of
Firefighters Association Local 2201
• Butch Swiger
The following individual spoke in opposition of the motion:
• Donald Hood,400 40th Court Southwest
Vice Chairman Solari restated his motion.
Commissioner O'Bryan sought and received clarification on litigation
procedures.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to authorize the County Attorney, with his assistance,
to draft a Resolution to present to the Board, for possible approval in
March, and style the Resolution to consolidate the Treasure Coast in
the fight against All Aboard Florida.
Discussion ensued regarding time sensitivity and distribution of the
Resolution.
Board of County Commission Minutes
February 17,2015 Page 8
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
A. Addition: Emergency Item, Lobbyist for 2015 Legislative Session
Administrator Baird informed the Board that Southern Strategies Group
had a conflict representing Indian River County on Florida Municipal Power
Agency (FMPA) issues. After staff spoke with potential lobbyists, it was
determined that Anfield Consulting would be the best to advocate on the
County's legislative priorities. He recommended the Board authorize staff to
enter into an agreement immediately with Anfield Consulting, for lobbying
services for the term of February 17, 2015 to December 31, 2015.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously authorized staff to enter into an agreement
with Anfield Consulting for lobbying services for the term of February 17,
2015 to December 31, 2015; and authorized the County Administrator to
execute the Agreement.
The Chairman called for a break at 10:52 a.m., and reconvened the meeting
at 11:05 a.m.,with all members present.
12. DEPARTMENTAL MATTERS
11:05 A. Community Development
a.m.
1. Authorization for 45th Street Beautification Project: Phase I and Resurfacing
Improvements
(memorandum dated January 26, 2015) 165-171
- - ----------------------------- - - -
Community Development Director Stan Boling introduced the 45th------------- ---
Street Beautification Project — Phase 1, an update to the 2002 Gifford
Neighborhood Plan. Phase 1 will beautify 45th Street from 43 d Avenue
to USI with widened shoulders, adding bike lanes, streetlights, curbing,
resurfacing side street approaches, landscaping, and a westbound right
turn lane at 28th Court. He said Phase 2 was in the plan for 2018, which
will allow for culverts, and landscaping on the south side of 45th Street.
Staff was seeking authorization to bid the process for Phase 1 of the
project, including resurfacing of 45th Street.
Engineer Brian Good, Kimley Horn and Associates, provided a brief
presentation on the 45th Street Beautification Project.
Board of County Commission Minutes
February 17,2015 Page 9
Joe Idlette, 4570 57th Avenue, thanked the Board and supported the
Project.
Althea McKenzie, 2405 16th Avenue, sought and received further details
pertaining to open canals, culverts, and funding.
Freddie Woolfork, 4590 57th Avenue, thanked the Board for moving the
project forward.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Commissioner Zorc, to approve staffs recommendation.
Discussion ensued regarding the proposed bike lanes; placement of the
culverts; and adding audible traffic stripes on 45th Street to separate the
vehicular lanes.
Public Works Director Chris Mora disclosed that 26th Street would still
be the same distance from the canal after the additional lanes are added
to the north.
Althea McKenzie requested the Board to commit funds for culverting
the .8 mile stretch of road; and encourage the Metropolitan Planning
Organization (MPO) to consider Gifford for future funding
opportunities.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board authorized staff to proceed with the bid
process for the 45th Street Beautification Project Phase 1, including
resurfacing of 45th Street.
11:42 2. Condemnation, Demolition and Removal of Unsafe Structures Located at
a.m. 2313 3rd Avenue SE, 4401 31St Avenue, 2460-2480 41St Street, and 1165 6th
Avenue
(memorandum dated January 23, 2015) 172-201
------------------------------------------------------------------------------
Building Official Scott McAdam informed the Board that staff had been
working with the Bank of America NA (2313 3rd Avenue SE), and
Titone Properties, LLC (1165 6th Avenue), and recommended the Board
declare the structures unsafe, a nuisance, and order the buildings
demolished if permits are not obtained within 60 to 90 days to demolish
or rehabilitate the structures, and also stipulated that construction must
progress and be completed within six months. In addition, he
recommended the Board declare the structures of Rachel Pickney (4401
31" Avenue), and Beor Fund 1, LLC (2460-2480 41St Avenue) unsafe, a
nuisance, and order the buildings demolished.
Board of County Commission Minutes
February 17,2015 Page 10
--------------------------------------------------------------------------------------------------------------------
Mark Titone provided an update on the repairs he had been making to
the structure, and requested the Board to allow him to continue to
rehabilitate the structure.
(Clerk's Note: The following Resolutions are not in sequential order
due to the additional Resolutions needed for the various properties.)
ON MOTION by Vice Chairman Solari, SECONDED by Chairman
Davis, the Board unanimously approved Resolution 2015-029,providing
for the demolition of unsafe structures and the recovery of costs.
(Titone Properties LLC, 1165 6th Avenue)
Building Official McAdam said the Attorney for the Bank of America
NA property had been speaking with staff on how to proceed with
demolishing or rehabilitating the building.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Chairman Davis, to approve staffs recommendation.
Deputy County Attorney William DeBraal informed the Board that
Bank of America's Attorney had been discussing whether to demolish
or quick sale after rehabilitating the structure. He said the property
had been acquired through foreclosure and simply dropped through the
cracks on their end.
Commissioner O'Bryan questioned whether this would come back to
the Board if nothing is done after 60 days. Director Boling said the
Board could pass a motion to authorize staff to move forward after a
particular period of time and then staff would bring this back.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board approved Resolution 2015-028, providing for
the demolition of unsafe structures and the recovery of costs. (Bank of
America NA, 2313 3rd Avenue SE)
Mr. McAdam described the Rachel Pickney and Beor Fund 1, LLC
properties, and recommended the Board declare the structures unsafe, a
nuisance, and order the buildings demolished.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to approve staffs recommendation.
Discussion ensued regarding weed control.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board approved Resolution 2015-026, providing for
the demolition of unsafe structures and the recovery of costs. (Rachel
Board of County Commission Minutes
February 17,2015 Page 11
--------------------------------------------------------------------------------------------------------------------
Pinkney, 4401 31St Avenue, and Beor Fund 1, LLC, 2460-2480 41St
Street).
Commissioner Zorc requested staff to look at two burned-out properties
— one on 16th Street, west of 43rd Avenue; and the other on 12th Street,
east of 82nd Avenue.
11:56 3. Review of INEOS New Planet BioEnergy LLC's Ad Valorem Tax
a.m. Exemption Annual Report
(memorandum-dated January-2-9,-2015)-------------------------------------------------- 202-218
Director Boling reviewed INEOS New Planet BioEnergy LLC's Ad
Valorem Tax Exemption Annual Report, and reported that after a
review of the January 2015 annual report, staff found that INEOS's
2014 actual performance scored the same as its 2011 tax abatement
application. Since INEOS continues to qualify for its economic
development ad valorem tax exemption, he recommended the Board
accept INEOS's Report so they can file their tax exemption application
before March 1, 2015.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously found INEOS New Planet
BioEnergy LLC to be in compliance with its ad valorem tax exemption
requirements.
B. Emergency Services
None
C. General Services
12:00 1. Replacement of Weathered Seats in Historic Dodgertown's Holman Stadium
p.m. (memorandum dated February 10, 2015) 219-226
- - ----------------------------------
Assistant County Administrator Michael Zito provided background,
description, and analysis on the purchase of 2,000 stadium replacement
seats (plastic backs and bottoms) for Historic Dodgertown's Holman
Stadium. He recommended the Board approve the purchase of the
refurbished "Archer Seating" stadium seats, which were originally in
the Baltimore Camden Yard Facility, and stated that a collaborative
effort would be made to install the seats.
Bradey Ballard, Vice President of Dodgertown, responded to the
Board's concerns regarding the condition of the refurbished stadium
seats; the sample seat that was installed at Hollman Stadium to ensure it
would be compatible; and the reduction in price due to the vendor's
desire to liquidate their inventory.
The Board discussed the disrepair of the Dodgertown seats; the expense
of new seats versus the cost of refurbished seats; and locating the seats
Board of County Commission Minutes
February 17,2015 Page 12
in a centralized area (from first to third base) to create a uniform
appearance.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Chairman Davis,to approve staffs recommendation.
Further discussion ensued regarding whether Archer Seating could
provide sequential seat numbering.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board waived the requirement to bid the purchase of
2,000 stadium replacement seats, and authorized staff to facilitate the
purchase of Archer Seating.
1. Human Services
None
2, Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E. Office of Management and Budget
12:10 1. Potential Refunding of Land Acquisition Bonds Series 2006
p.m. (memorandum dated February 10,_2015)____________________________________________________ 227
Management and Budget Director Jason Brown provided background;
explained the benefits for refunding the existing bonds; spoke about the
significant savings for the County; and recommended the Board
authorize staff to move forward with a bank loan through a Request for
Proposal (RFP), to refund a portion of the Limited Obligation Bonds,
Series 2006. He said staff would bring this item back to the Board for
final award after the process was complete.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan,to approve staffs recommendation.
Vice Chairman Solari asked Director Brown to provide him with a
spreadsheet that would show all the refunded bonds in whole or part,
and the amounts.
Board of County Commission Minutes
February 17,2015 Page 13
Director Brown explained why staff recommends moving forward at
this time, even though the bonds are not callable until July 2016.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board approved the issuance of a Request for
Proposal (RFP) for a bank loan to refund a portion of the Limited
(Land Acquisition) General Obligation Bonds, Series 2006.
The Chairman called for a break at 12:15 p.m., and reconvened the
meeting at 12:22 p.m.,with all members present.
12:22 2. Approval of Firm Selection for RFP 2015024 — Lessee to Provide
p.m. Concessionaire Services at Sandridge Snack Bar
__(memorandum dated February 9, 2015)__________________________________________________ 228-237
Director Brown provided background regarding the concessionaire
services at Sandridge Snack Bar; stated that Peggy Cardell and
Associates, Inc. was the current tenant whose contract expires on March
31, 2015; reported that a Request for Proposal (RFP) was issued to
obtain submittals from potential lessees for the period starting April 1,
2015; and revealed that after the selection committee's scores were
compiled, the overall ranking established Di'Michelli's Catering, Inc. to
be in first place. Following the release of the proposed rankings, Ms.
Cardell protested the rankings through her attorney. After
investigation, Purchasing Manager Jennifer Hyde determined the
claims were unsubstantiated and the protest was denied. Director
Brown requested the Board authorize staff to move forward with the
final rankings established by the committee.
A lengthy discussion ensued regarding future upgrades/renovations to
the amenities; improving the level of service on the golf course; the food
and beverage operation; the interview process; the lack of
demographics to support a full service restaurant; the rankings; the
amount of commitment/capital each applicant was willing to invest to
enhance the operation; and the term of the contract.
Bela Nagy, Sandridge Golf Professional, pointed out that the Sandridge
Golf concession was originally built 23 years ago as a snack bar, and
that it was too small for tournaments and events.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to accept staffs recommendation.
Peggy Cardell, 1016 36th Avenue, current tenant Tee Time Cafe,
explained why she completed the application as she did; felt the ranking
system was unfair; and explained why she submitted a letter protesting
the ranking and argued that the opposing bid was not being compliant.
Board of County Commission Minutes
February 17,2015 Page 14
--------------------------------------------------------------------------------------------------------------------
Attorney Reingold stated that he had reviewed and supported
Purchasing Manager Jennifer Hyde's letter of decision regarding the
protest.
Chris Vasquez, customer of Tee Time Cafe, commented on the bid
package and guidelines. He did not believe the selected bid was
compliant.
Larry Zimmerman, customer of Tee Time Cafe, supported Peggy
Cardell, and questioned whether the new tenant would really invest
$20,000 into a non-functional restaurant.
Director Zito further described the RFP ranking process and the
results.
John Bishop, customer of Tee Time Cafe, spoke highly of Ms. Cardell,
her staff, and the food. He reiterated Mr. Zimmerman's comments.
The Chairman CALLED THE QUESTION, and by a 4-1 vote
(Chairman Davis opposed), the Motion carried. The Board approved
the Committee's final rankings and authorized negotiations with the top
ranked firm, Di'Michelli's Catering, Inc., with the Agreement to be
presented to the Board for approval at a later date.
F. Public Works
None
G. Utilities Services
None
The Chairman called for a break at 1:00 p.m., and reconvened the
meeting at 1:34 p.m.,with all members present.
13. COUNTY ATTORNEY MATTERS
1:34 A. First Amendment to Court Funding Interlocal Agreement
p.m. (memorandum dated February 11, 2015)_ 238-246
- - ---------------------------------- - ----------------------------------------------------------------------
County Attorney Dylan Reingold stated that in 2010, the Chief Judge for the
191h Judicial Circuit, the Clerks of the Circuit Courts for St. Lucie County,
Indian River County, Martin County, and Okeechobee County, entered into
an Interlocal Agreement (ILA) concerning court funding. Since that time, St.
Lucie County had requested an Amendment to the ILA that would include a
reimbursement for general and administration expenses. After working with
Martin County and staff to revise some of the language that was originally
proposed, he was now ready to bring it to the Board for approval.
Board of County Commission Minutes
February 17,2015 Page 15
ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis,
the Board unanimously approved the proposed Amendment to the Interlocal
Agreement between Chief Judge for the 191h Judicial Circuit of the State of
Florida, Clerk of the Circuit Court for St. Lucie County, Indian River
County, Martin County, Okeechobee County, and St. Lucie County; and
authorized the Chairman to execute any documents necessary to effectuate
the Interlocal Agreement.
1:36 B. Resolution Regarding the Florida Auditor General's Preliminary and Tentative
p.m. Audit Findings and Recommendations Concerning FMPA and the Plans of the
City of Vero Beach in Response to that Audit
(memorandum dated February 11, 2015) 247-251
Attorney Reingold recalled that the Board had directed his office, on
February 10, 2015, to prepare a draft Resolution similar to that of the Town
of Indian River Shores, regarding the Florida Auditor General's preliminary
and tentative audit findings concerning the Florida Municipal Power Agency
(FMPA), and the plans of the City of Vero Beach in response to the
preliminary audit findings. He asked the Board to review the draft
Resolution, make recommended changes, and authorize the Chairman to
execute it so he can present it to the City Council at their next meeting.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Zorc, to approve staffs recommendation.
Commissioner O'Bryan recommended the following changes to the
Resolution: (1) removing Section 3, Item 2(d); and (2) changing the wording
of Section 3(a) to: "Request the Florida Auditor General and the Joint
Legislative Auditing Committee and any other appropriate committee of the
Florida Legislature to use any funds necessary to: ..."
MOTION WAS AMENDED by Vice Chairman Solari, SECONDED by
Commissioner Zorc, to include Commissioner O'Bryan's comments.
Commissioner Zorc requested the Resolution be provided to the Florida
Auditor General, as well as the House and Senate Representatives.
The AMENDED MOTION WAS RE-AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Zorc, to include Commissioner Zorc's
comments.
The Chairman CALLED THE QUESTION and the Amended Motion
carried unanimously. The Board approved Resolution 2015-027, as amended
to: (1) delete Section 3, Item 2(d); (2) change the wording of Section 3(a)
"Request the Florida Auditor General and the Joint Legislative Auditing
Committee and any other appropriate committee of the Florida Legislature to
use any funds necessary to: ...'; and (3) add wording under Section 4 "...and
mail a copy to the Florida Auditor General and the Joint Legislative Auditing
Board of County Commission Minutes
February 17,2015 Page 16
---------------------------------------------------------------------------------------------------------------------------
Committee; regarding the Florida Auditor General's Preliminary and
tentative audit findings and recommendations concerning the Florida
Municipal Power Agency (FMPA) and the Plans of the City of Vero Beach in
response to that Audit Report.
14. COMMISSIONERS MATTERS
1:42 A. Commissioner Wesley S. Davis, Chairman
p.m.
1. District 1 Announcement
(memorandum dated February 11, 2015) 252
-------------------------------------------------- ------
Chairman Davis announced that he would not be seeking reelection
in 2016, and the District 1 seat would be open for those wishing to
file.
1:44 B. Commissioner Bob Solari,Vice Chairman
p.m.
1. All Aboard Florida
_(memorandum dated_January 30,_2015)_________________________________________________ 253______
Clerk's Note: This Item was heard in conjunction with Item 10.B.1.
1:50 2. IRL—NEP
p.m. (memorandum dated February-11, 2015) 254
- -------------------------------------
Vice Chairman Solari provided an update on the Indian River
Lagoon —National Estuary Program (IRL—NEP); his thoughts on the
Special Call Meeting of the Advisory Board that met on February 11,
2015; and the corruption within the program.
Discussion ensued among the Board.
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
2:02 E. Commissioner Tim Zorc
p.m.
1. Discussion on Planning of Future Fire Station Locations
(memorandum dated February_9,_2015) 255
---------------------------------------------------
----------
Commissioner Zorc discussed the existing Fire-Rescue Stations and
gave a presentation on future station planning. He spoke about call
volumes; high demand regions; and cross-coverage areas. He
proposed holding a Workshop so the stations can be analyzed, and
funding projections can be discussed.
Board of County Commission Minutes
February 17,2015 Page 17
Commissioner O'Bryan requested hearing Item 15.A.3. before
scheduling a Workshop.
15. SPECIAL DISTRICTS AND BOARDS
2:14 A. Emer2ency Services District
p.m.
The Board reconvened as the Board of Commissioners of the Emergency
Services District. Those Minutes are available separately.
1. Approval of Minutes Meeting of December 16, 2014
2. Approval of Minutes Meeting of January 13, 2015
3. Emergency Services District Capital Improvements
_(memorandum dated-February-1-0,-2015)--------------------------------------------- 256-260___
4. Work Order No. 4 for Fire Rescue Station No. 13 (4t'' Street and 43rd
Avenue)
(memorandum dated February_10, 2015) 261-267
B. Solid Waste Disposal District
2:42 The Board reconvened as the Board of Commissioners of the Solid Waste
p.m. Disposal District. Those Minutes are available separately.
1. Approval of Minutes Meeting of January 6, 2015
2. Approval of Minutes Meeting of January 20, 2015
3. CCNA-2014 Work Order No. 1 to CDM Smith, Inc. for Engineering
Services with the 2015 Annual Permit Compliance Monitoring and
Reporting
(memorandum dated_February_6,_2015)_______________________________________________ 268-282___
4. CCNA-2014 Work Order No. 2 to CDM Smith, Inc. for the 2015 Annual
Financial Assurance Report
_(memorandum dated-February-6-,-201-5)---------------------------------- -------------- 83-289
5. Amendment No. 1 to Work Order No. 1 to Kessler Consulting, Inc., for
Solid Waste Procurement& Technical Services
_(memorandum dated_February_6,_2015)_______________________________________________ 290-297
Board of County Commission Minutes
February 17,2015 Page 18
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 2:49 p.m.
ATTEST:
Jeffrey R. SmiTh, CPA, CGFO, CGMA Wesley S. Davis, Chairman
Clerk of Circuit Court and Comptroller
By: � .0'.0"��sAgi`'�►. Approved: MAR O 2015
Deputy Clerk oJ�'' •s�oy��.
Cj;
i
BCC/LA/2015Minutes 't apt
COUNT
Board of County Commission Minutes
February 17,2015 Page 19