HomeMy WebLinkAbout03/03/2015BCC BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, MARCH 3, 2015
X'.
County Commission Chamber
fIndian River County Administration Complex
Q VD�* 180127 th 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 Present
Peter D.O'Bryan District 4 Present Court and Comptroller Present
Tim Zorc District 3 Present Maureen Gelfo,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Department
3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:00 Delete: Item 13.B.1. County Attorney Matters - Quit Claim Deed for Blue
a.m. Cypress Lake Stilt Houses
Move: Item 12.A.1. Community Development Matters Consideration of
Economic Development Strategic Positioning, Target Industry Assessment &
Action Plan Report, to be heard in conjunction with Item 5.A
Add: Item 14.A.1. Commissioner Wesley S. Davis' item - Abandoned Artesian
Well Plugging
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher,the Board unanimously approved the agenda as amended.
Board of County Commission Meeting Page 1
March 3,2015
5. PROCLAMATIONS and PRESENTATIONS
9:01 A. Presentation by Janet Ady, Ady Advantage, of the proposed Economic
a.m. Development Positioning Analysis &Action Plan ---
Community Development Director Stan Boling recalled the Board's
approval on June 17, 2014, to hire Ady Advantage (a/k/a Ady Voltedge)
to develop an Economic Development Strategic Target Industry
Assessment and Action Plan, and reported that Phase I of the contract
services, Development of an Action Plan, is almost complete. Director
Boling recommended that the Board accept the plan with any changes
or additions made following Ms.Ady's presentation.
Janet Ady, President & CEO, Ady Advantage, through a Power Point
Presentation, provided a comprehensive overview of the Economic
Development Strategic Positioning Target Industry Assessment &
Action Plan. During her presentation, Ms. Ady provided an outline and
in-depth analysis of the following six recommendations proposed in the
plan:
Strategy 1: Business Retention and Expansion (BRE)
Strategy 2: Target Industry Analysis Focusing on Recruitment Efforts
Strategy 3: Refresh the Indian River County brand
Strategy 4: Develop Stand-Alone Economic Development Website
Strategy 5: Leadership in Presentation of Sites and Buildings
Strategy 6: Continued Support Regional Economic Development Efforts
A broad-ranging discussion ensued as the Board and Ms. Ady discussed
the Industry Assessment and Action Plan.
Commissioner O'Bryan mentioned that the County's recruitment
materials should showcase staffs ability to help firms through planning
and permitting processes.
Ms. Ady advised Commissioner O'Bryan that the best way to
accomplish that would be to mention the industries that are already in
the County.
The Chairman invited public input; there was none.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board unanimously: (1) accepted the Strategic
Positioning, Target Industry Assessment & Action Plan as presented,
with an amendment to the Elevator Pitch to highlight industries in the
County; and (2) approved to proceed with Strategy 2: Detailed Target
Industry Analysis; Strategy 3 (Phase II) Branding and Marketing;
Strategy 4, Stand-Alone Economic Development Website; Strategy 5,
Provide leadership in the presentation of sites and buildings; and
Strategy 6, Continue to support regional economic development efforts.
Board of County Commission Meeting Page 2
March 3,2015
Director Boling advised that staff would return to the Board with more
information on implementing the Action Plan.
9:56 B. Presentation by Dr. Edie Widder, Ph.D., CEO/Senior Scientist, Ocean
a.m. Research & Conservation Association (ORCA) with Update on KilroyTM
Water Monitoring Recent Progress ---
Dr. Edie Widder, Ph.D., Co-Founder, CEO & Senior Scientist, Ocean
Research & Conservation Association (ORCA), introduced the ORCA
team who was in attendance: Warren Falls, Managing Director; George
Jones, Director of Special Projects; and Robin Dannahower, Vice
President of Marketing and Public Relations. Dr. Widder used a
PowerPoint Presentation to provide background and analysis on the
Kilroy water monitoring program which is being used to measure
nitrite/nitrate levels in the North, South, and Main Relief Canals. She
reviewed the pros and cons of the two types of systems, "Optical
Measurement" and "Wet Chemistry" used to measure the nutrients,
and stated that monitoring is the key to discovering what the source/s of
pollution are, in the Indian River Lagoon and ocean.
General discussion ensued between the Board and Dr. Widder.
Commissioner O'Bryan said it would be important for staff to continue
collecting grab samples. He also inquired about a letter sent by County
Administrator Joseph Baird requesting that ORCA remove the Kilroys
and refund the County's $73,050 payment for monitoring.
Director of Public Works Chris Mora explained that the Kilroy
readings of the grab samples had not been consistent with those of
County staff; however, staff has been satisfied with their accuracy since
late December 2014. He added that the County paid for, but did not
receive, one year of readings.
Administrator Baird suggested that it would be in the best interests of
all parties for the County to extend its contract with ORCA, and not
request a refund.
Discussion ensued regarding the County's best option for monitoring
the water quality in the canals.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, to rescind the County Administrator's letter
requesting a refund, and extend the County's contract with ORCA,with
the caveat that staff and ORCA continue to contrast their respective
grab samples.
Board of County Commission Meeting Page 3
March 3,2015
A brief discussion ensued during which the Board concluded that this
item was heard under "Presentations," and should not be formally
voted on.
MOTION WAS WITHDRAWN by Commissioner Flescher.
The Board CONSENSUS was to: (1) rescind the County
Administrator's letter requesting a refund; (2) extend the County's
contract with the Ocean Research and Conservation Association
(ORCA) for Kilroy Water Monitoring; and (3) direct staff to continue
drawing water samples with an appropriate duration and frequency,
until the accuracy of the ORCA readings is assured.
County Administrator Joseph Baird affirmed that County and ORCA
staff would meet to negotiate the contract extension.
The Chairman called a recess at 10:41 a.m. and reconvened the meeting
at 10:51 a.m.,with all members present.
6. APPROVAL OF MINUTES
10:51 A. Regular Meeting of February 10, 2015
a.m.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously approved the Regular
Meeting Minutes of February 10, 2015, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
10:52 A. Enterprise Zone Development Agency—vacancy
a.m. (memorandum dated February 19, 2015)_ 1
-------------------------------- - --------------------------------------------------------------
B. The No Trains Rally Saturday, March 7th by CitizensAgainstTheTrain_com 2
---------------------- - -
Commissioner Flescher encouraged the public to come to the No Trains
Rally at the County Administration Office Complex on Saturday,March
7,2015, from 2:00 to 3:30 p.m.
C. Indian River County, Florida — Blue Cypress Lake Park Dedication to Joe
Middleton, March 16th, l Dam. 21704 73 Manor,Vero Beach --------------
___________ 3
Commissioner O'Bryan encouraged the public to attend the Blue
Cypress Lake Park dedication to Joneal "Joe" Middleton on March 16,
2015, at 10 a.m., at 21704 73'd Manor.
8. CONSENT AGENDA
10:53 ON MOTION by Commissioner Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda, pulling Items
Board of County Commission Meeting Page 4
March 3,2015
8.D. and 8.N. for discussion.
A. Approval of Warrants—February 6, 2015 to February 12, 2015
(memorandum dated_February 12, 2015) 4-12
--------------------------------------------------------------
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
B. Approval of Warrants—February 13, 2015 to February 19, 2015
(memorandum dated February 20, 2015)______________________________________________ 13-21
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
C. Applications for Board of County Commission Appointee to the Vero Lake
Estates Municipal Service Taxing Unit(VLE MSTU)Advisory Committee
(memorandum dated February 23, 2015)_____________________________________________ 22
Approved William Davies and Fernando Ojeda as the Board of County
Commissioner appointees to the Vero Lake Estates Municipal Service
Taxing Unit(VLE MSTU) Advisory Committee.
10:53 D. Children's Services Funding Allocation for Fiscal Year 2015-2016
a.m. (memorandum dated February 25, 2015) --------
_____ 23-24
Hope Woodhouse, Children's Services Advisory Committee, and Coleen
Bonner, John's Island Service League and the Grand Harbor Outreach
Program, presented arguments supporting their appeal for the Board to
increase funding for Children's Services. They requested this matter be
brought back for further Board consideration.
Discussion/debate ensued between Ms. Woodhouse and Commissioner
Solari about public and private funding sources for Children's Services;
the role of local government; charter versus public schools; and the need
to break the cycle of poverty in the County.
The following speakers spoke in support of additional funding for
Children's services:
Bob McPartlan, Community Development Administrator for the
Department of Children and Families; City of Sebastian Council
Member; and Children's Services Advisory Committee Member
Freddie Woolfork,4590 57th Avenue
ON MOTION by Commissioner Zorc, SECONDED by Commissioner
Flescher, the Board unanimously approved to TABLE this item until
March 17,2015.
Board of County Commission Meeting Page 5
March 3,2015
---------------
E. Fourth of July Fireworks Funding—Miscellaneous Budget Amendment 008
(memorandum dated February 20, 2015)_______________________________________________________ 25-29
---------------------------------
Approved: (1) funding the fireworks displays for the Cities of Sebastian
and Vero Beach in the amount of$2,500 each; with the caveat that each
of the cities (Vero Beach and Sebastian) appropriate and pay an equal
amount up to $2,500, and the County will match that amount, up to
$2,500 each, after the City of Vero Beach and Sebastian pay their share;
and (2) Resolution 2015-030, amending the Fiscal Year 2014-2015
Budget.
F. Miscellaneous Budget Amendment 009
(memorandum dated February 24, 2015) 30-35
Approved Resolution 2015-031, amending the Fiscal Year 2014-2015
Budget.
G. Approval of Work Authorization No. 2015-001 to Replace Water Main and
Water Services in Vista Royale—UCP #4113
(memorandum dated February 16, 2015)______________________________________________ 36-40
Approved: (1) retaining Blue Goose Construction to replace water lines
at Vista Royale for the amount of $71,129.18; and (2) Work
Authorization No. 2015-001 with Blue Goose Construction,LLC.
H. Release of Retainage to Florida Design Drilling Corporation, for South
County RO Facility Storage & Piping Tank Modifications — Bid No.:
2014031
(memorandum dated February 13, 2015)______________________________________________________ 41-45
Approved Final Pay to Florida Design Drilling Corporation, in the
amount of$6,736.16
I. Indian River Farms Water Control District Five-Year Lease Agreements
Starting Calendar Year 2015
(memorandum dated February 17, 2015) 46-112
Approved to renew the Indian River Farms Water Management District
(IRFWMD) Permit and Interlocal Agreement No's IRC1; IRC2; IRC3;
IRC4; IRC6; IRC7; IRC8; IRC9; IRC10; and authorized the Chairman
to execute same.
(Clerk's Note: IRC 5 is a Fiber Optic Lease Agreement with Indian
River Farms Water Management District which is no longer needed).
J. 26th Street — Advance Acquisition of Right-of-Way, 2606 52"d Avenue,
Stephen and Vicky F. Savage
(memorandum dated February 24,201-5)--------------------------------------------------- 113-121
(1) Approved and authorized the Chairman to execute the Contract for
Sale of the Stephen Savage and Vicky F. Savage property for $195,000;
and (2) directed staff to take the needed right-of-way from the property
Board of County Commission Meeting Page 6
March 3,2015
-------------------------------------------------------------------------------------------------------------------
after purchase, and (3) authorized sale of the remainder property via
sealed bid or auction.
K. FDOT Local Agency Program(LAP) Agreement and Resolution Authorizing
the Chairman's Signature, 87th Street from 101 St Avenue to CR510 and 91St
Avenue from 79th Street to 87th Street Sidewalks, IRC Project No. 1205—FM
No. 431728-1-58/68-01
(memorandum dated February 23, 2015)--------------------------------------------------- 122-143
Approved: (1) the Local Agency Program (LAP) Agreement FM No.
431728-1-58/68-01; and (2) Resolution 2015-032 with the Florida
Department of Transportation authorizing the Chairman's execution of
a Local Agency Program Agreement for construction of a 6-foot wide
concrete sidewalk along the north right of way line of 87th Street from
101St Avenue to C.R. 510, and along the east right of way line of 91St
Avenue from 791h Street to 87th Street in Vero Lake Estates.
L. Wastewater Collection/Transmission Model—Work Order No. 1 to Atkins
(memorandum dated February 17, 2015) 144-150
--- ---------------------------------
Approved and authorized the Chairman to execute Work Order No. 1
authorizing professional services, for a lump sum amount of$53,793.83,
to Atkins North America, Inc.
M. Approval of Updated Agreement with K's Commercial Cleaning
(memorandum dated February 23, 2015)______________________________________________ 151-168
Approved the updated agreement with K's Commercial Cleaning (for
the Courthouse, Main Library, and Administration Annex), and
authorized the Chairman to execute same after the County Attorney has
approved it as to form and legal sufficiency.
11:14 N. Sector 3 Dune Repair Project, Partial Release of Retainage, Guettler Brothers
a.m. Construction, LLC
(memorandum dated February 24, 2015) -----169--182
Chairman Davis announced that due to a conflict of interest, he would
withhold his vote on this matter.
(Clerk's Note: Form 8B Memorandum of Voting Conflict is attached to
these minutes as Addendum A).
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, by a 4-0 vote (Chairman Davis abstained), the Board approved
partial release of retainage and Application for Payment No. 5 from
Guettler Brothers Construction, LLC, in the amount of$98,486.10; the
County's coastal engineering consultant, CB&I Coastal Planning and
Engineering, Inc., has also recommended partial release of retainage.
Upon acceptance and satisfaction of all requirements of the contract
documents, a request for the release of the remaining withheld retainage
will be presented to the Board for approval.
Board of County Commission Meeting Page 7
March 3,2015
---------------
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Sheriff Deryl Loar
11:15 1. Florida Traffic Safety Grant funded by the Florida Department of
a.m. Transportation Application
(letter dated February 23, 2015)
1 83-196
----------------------------------------------------------------------------------------------------------
Amber Grier, Planner/Grant Manager, was present on behalf of
the Indian River County Sheriffs Office.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously authorized the
Sheriffs Office to apply for the Florida Department of
Transportation's Florida Traffic Safety Grant, in the amount of
$43,640, and to use the grant funds to equip the Sheriffs patrol
vehicles with new mobile ticket printers.
11:16 2. Victims of Crime Act(VOCA) Grant Application
a.m. (letter dated February 23, 2015) 197-238
----------------
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously authorized the
Sheriffs Office to apply for the Victims of Crime Act (VOCA)
Grant, in the amount of$44,388; the grant will be utilized in an
effort to provide all crime victims within the County, no matter
what jurisdiction, assistance and guidance during their time of
need.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
11:17 B. PUBLIC DISCUSSION ITEMS
a.m.
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Chad Smalley & Sam Smi , Indian River
County Airboat Association, Regarding Hunter Education/Youth
Hunt on"Sand Lake Tract" 239-245
--------------------------------------------------------------------------------------------------------
Chad Smalley, President Indian River County Airboat
Association (Airboat Association), provided background and
conditions regarding his request to use the Sand Lake Tract
(owned by the County and St. Johns Water Management
District),for a youth safety training and hunt event.
Board of County Commission Meeting Page 8
March 3,2015
Individual Commissioners voiced support for the youth hunt
program.
Jason Nunemaker, City of Fellsmere Manager, also spoke in
support of the youth safety education and hunt program, and
offered to help work out access issues.
Deputy County Attorney Bill DeBraal stated that he has a
template for a lease agreement, which is used by Alachua
County and the Florida Fish and Wildlife Conservation
Commission, which can be amended to work for the County, St.
Johns River Water Management, and the Airboat Association.
The Board CONSENSUS was to have the County Attorney's
office draft and bring back for Board approval, a lease
agreement with the Indian River County Airboat Association
for use of the Sand Lake Tract.
11:27 C. PUBLIC NOTICE ITEM
a.m.
1. Notice of Scheduled Public Hearine March 10,2015:
To Consider a Waterline to be Installed from 13580 including
13680 North Indian River Drive (also known as Riverside Drive) in
Indian River County, Florida
(memorandum-dated-February 17, 2015)--------------------------------------------- 246_
County Attorney Dylan Reingold read the notice into the
record.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
9:01 A. Community Development
a.m.
1. Consideration of Economic Development Strategic Positioning,
Target Industry Assessment&Action Plan Report
(memorandum dated February 24, 2015)_____________________________ 247-277_
(Clerk's Note: This Item was heard in conjunction with Item
S.A.)
B. Emeraency Services
None
C. General Services
None
Board of County Commission Meeting Page 9
March 3,2015
1- Human Services
None
2. Sandridge Golf Club
None
3. Recreation
None
DEPARTMENTAL MATTERS
12. PAGE
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
11:26 1. Spoonbill Reef—Update
a.m. (memorandum dated February 19, 2015) 278-282_
------------------------
-----------------------------
Director of Utility Services Vincent Burke provided a brief
history of the: (1) Oyster Pilot Project at Spoonbill Marsh; and
(2) the Artificial Reef Pilot Study (Spoonbill Reef), which was
constructed in the Indian River Lagoon adjacent to Spoonbill
Marsh.
Chip Swindell, Ecotech Consultants, Inc., used a PowerPoint
Presentation to provide an update on Spoonbill Reef. He said
that the reef has provided habitat for a dense oyster colony,
which filters large amounts of nutrients (nitrogen/phosphorous)
from the water flowing from the Florida Department of
Transportation (FDOT) ditch across the reef, into the Lagoon.
He relayed that State funding was being sought to construct a
small Test Pond for educational and research purposes, and
that the Florida Department of Environmental Protection
(FDEP) appears favorable to the construction of another oyster
reef at 45t Street. Mr. Swindell announced that there would be
an Eco-Tour of Spoonbill Marsh on Saturday, March 14, 2015,
from 8:00 a.m.to 2:00 p.m.
Board of County Commission Meeting Page 10
March 3,2015
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner Flescher, to authorize staff to proceed with
the application to the State for funding the construction of the
Spoonbill Marsh Test Pond, and to continue working with the
Florida Department of Environmental Protection (FDEP) on
the construction of the 45th Street Oyster Reef.
Attorney DeBraal advised that the proposed project is on
Grand Harbor's utility easement, and they may need
notification on the proposed Test Pond and upcoming Eco-
Tour.
MOTION WAS AMENDED by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to direct staff to notify
Grand Harbor of the proposed Test Pond and upcoming Eco-
Tour.
Director Burke confirmed that he would see if any changes are
needed to the agreement between the County and Grand
Harbor for use of their utility easement.
The Chairman CALLED THE OUESTION and the Motion
carried unanimously.
13. COUNTY ATTORNEY MATTERS
11:40 A. Demolition Liens
a.m. (memorandum dated February 9, 2015)-----------------------------------------------------283-299
--------------------------------------
Deputy County Attorney William DeBraal reported that the subject
properties have been demolished and cleaned up. He asked the Board
to approve the proposed lien amounts, provided there were no
objections from parties-in-interest.
The Chairman invited input from any party-in-interest on the lien
amount proposed for his or her property. There were no speakers.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously: (1) approved each lien amount, as
presented in staffs report,with regards to the following properties:
425131"Avenue (Webb,James Sr., and Margaret Lee)
4470 31St Avenue (Hurst,Walter C.)
4333 31"Avenue (Davis, Alfred and Miriam)
831063 rd Court (Ethridge, Corine and Campbell, Hope)
186538 th Lane (Nichols, Mattie)
4460 33rd Avenue (Brown, John L. [deceased] and his wife, Julia Mae
Brown [a/k/a Julia Richardson Brown])
4196 291h Avenue (Holmes,Daisy Mae f/k/a/Daisy Mae Powell;
Board of County Commission Meeting Page 11
March 3,2015
Cannon, Elijah Jr.; and Bullock,Joe Nathan); AND
(2) Authorized the Chairman to execute each lien for recordation in the
public records.
B. Quit Claim Deed for Blue Cypress Lake Stilt Houses
(memorandum dated February 25, 2015) 300-304
---------------
Deleted
11:41 C. Resolution Allocating Funds in Opposition of All Aboard Florida
a.m. (memorandum dated February 24, 2015) 305-308
County Attorney Dylan Reingold recalled the Board's authorization on
February 17, 2015, for the County Attorney, with assistance from Vice
Chairman Solari, to draft a Resolution regarding the County's: (1)
allocation of $2.7 million to combat All Aboard Florida (AAF); (2)
opposition to the use of private activity bonds as a funding source for
the AAF project; and (3) request for other local governments to join the
County in opposing AAF. He asked the Board to accept public input,
and then decide whether to approve the proposed Resolution.
Discussion ensued on the County's past and future expenditures for
combatting All Aboard Florida.
The Chairman invited public comment; there was none.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to: (1) approve Resolution 2015-033, setting
aside $2.7 million to protect the community from the proposed All
Aboard Florida Project, and calling on other counties to provide
financial and political support to opposing the proposed All Aboard
Florida Project; and (2) direct the County Attorney to disseminate the
Resolution to all appropriate parties.
Sharon Kohler, 545 Honeysuckle Lane, interjected to ask a question
about an item from the February 17, 2015 County Commission
meeting; her question was addressed by Administrator Baird.
The Chairman CALLED THE OUESTION and the Motion carried
unanimously.
11:50 D. Appeal of Public Service Commission Rulings
a.m. (memorandum dated February 25, 2015)_____________________________________________ ___309-310_
- -- -- - --
Attorney Reingold recalled that following its February 3, 2015 hearing,
the Public Service Commission (PSC) on February 12, 2015 issued
orders: (1) denying Indian River County's petition for Declaratory
Statement (the "County's Petition"); and (2) granting the City of Vero
Beach's (the City) Petition for Declaratory Statement, approving for the
Board of County Commission Meeting Page 12
March 3,2015
------------------------------------------------------------------------------------------------------------------
the City to continue providing retail electric service in its designated
service territory (including parts of the unincorporated County). He
advised that the Board may file a Notice of Appeal to the Florida
Supreme Court on or before March 16, 2015, provided a timeline of the
appeal process, and provided his analysis and recommendation that the
Board file and prosecute the Notice of Appeal.
Discussion followed regarding the February 3, 2015 PSC hearing, and
the possible outcomes of an appeal to the Supreme Court.
The Chairman invited public comment; there was none.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Zorc,to: (1) file on or before March 16, 2015, a Notice of
Appeal of the Florida Public Service Commission Order dated
February 12, 2015, to the Florida Supreme Court; (2) authorize the
County Attorney's Office to prosecute said appeal; and (3) authorize
staff to prepare the Budget Amendment to transfer the funds into the
Municipal Services Taxing Unit (MSTU) Fund/County Planning/Legal
Services account.
A brief discussion ensued between the Board and Attorney Reingold
about the advisability of retaining current outside counsel, Floyd R.
Self, Gonzales, Saggio, and Harlan LLP, Tallahassee, to assist with the
appeal process.
The Chairman CALLED THE OUESTION and the Motion carried
unanimously.
11:56 E. Impasse Hearing for Indian River County Firefighter/Paramedic
a.m. Association, International Association of Fire Fighters, Local 2201 (Local
2201)
(memorandum dated February 23, 2015) 311
Attorney Reingold requested that the Board set a date for the Impasse
Hearing concerning the Indian River County Firefighter/Paramedic
Association, International Association of Fire Fighters, Local 2201.
A brief discussion ensued about possible dates and times to hold the
hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously scheduled the Impasse
Hearing concerning the Indian River County Firefighter/Paramedic
Association, International Association of Fire Fighters, Local 2201
(Local 2201), for Friday,March 20,2015, at 9:30 a.m.
14. COMMISSIONERS MATTERS
Board of County Commission Meeting Page 13
March 3,2015
12:14 A. Commissioner Wesley S. Davis, Chairman
p.m.
ADD: 1. Abandoned Artesian Well Plugging
(Clerk's Note: This item was heard following Item 14.E.1. and is
placed here for continuity).
Chairman Davis provided background on his request.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Davis, the Board unanimously directed the County
Attorney's Office to draft a Letter of Support for reinstituting
the cost share funding for the Abandoned Artesian Well
Plugging Program with St. John's River Water Management
District(SJRWMD).
Commissioner Zorc wondered whether anyone had developed a
way to plug abandoned wells at less cost.
The Chairman CALLED THE OUESTION and the Motion
carried unanimously.
12:03 B. Commissioner Bob Solari,Vice Chairman
p.m.
1. All Aboard Florida—Rail Safety Expert
(memorandum dated February 24, 2015) 312-314
---------------
Vice Chairman Solari read portions of his memorandum; a
letter from Jeffrey Susi, Indian River Medical Center; and
excerpts from newspaper articles; to highlight his concerns
about the proposed All Aboard Florida (AAF) high speed
passenger rail project. He asked fellow Board Members to
consider hiring: (1) an expert on rail safety to examine deaths
and accidents which have occurred along the Federal East Coast
Industries (FECI) line, and which potentially may occur with
the proposed high speed rail; and (2) an expert to conduct a
traffic study to examine the potential impacts of AAF on select
railroad crossings in Indian River, Martin, and St. Lucie
counties.
A brief discussion ensued regarding the anticipated cost for the
experts.
Vice Chairman Solari estimated it would be less than$35,000.
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner Flescher, to hire: (1) a rail safety expert, and
(2) a traffic study expert; costs are anticipated to be less than
$35,000.
Board of County Commission Meeting Page 14
March 3,2015
Vice Chairman Solari advised that Attorney Stephen Ryan
(who works for Citizens Against Rail Expansion [CARE]), could
help the County find a rail safety expert.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
14. COMMISSIONERS MATTERS PAGE
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
12:08 E. Commissioner Tim Zorc
p.m.
1. Coastal Communities Caucus
(memorandum dated February 24, 2015) 315
---------------------------------------------------
Commissioner Zorc stated that Congressman David Jolly,
District 13, is helping to initiate a new group, Congressional
Coastal Communities Caucus, to better address the issues of
coastal communities. He asked fellow Board Members if they
would support sending a letter asking Congressman Bill Posey
to join the caucus.
Discussion ensued, during which the Board expressed a wish to
know more about this initiative before taking any action.
Administrator Baird provided input on the caucus, after which
the Board asked him to obtain a copy of Congressman Jolly's
press release about the caucus.
The Board CONSENSUS was to get Congressman Posey's view
of the new caucus,before any formal action is taken.
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
12:16 B. Solid Waste Disposal District
p.m..
The Board reconvened as the Board of Commissioners of the Solid
Waste Disposal District. Those minutes are available separately.
Board of County Commission Meeting Page 15
March 3,2015
1. Site Redevelopment Assessment Report Summary and Request for
Redevelopment Direction for the Former South Gifford Road
Landfill Site
(memorandum dated_February_20,2015)---------------------------------------- 316-326
2. Solid Waste and Recyclables Collection Services RFP#2015023 —
Timeline Update and Request for Public Workshop
(memorandum dated February 20, 2015) ___ 327-328
C. Environmental Control Board
None
16. ADJOURNMENT
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There being no further business,the Chairman declared the meeting adjourned at 12:51 p.m. J�S'�.•••""'•••�•y�9
ATTEST: f
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9�A•�R COu�`' 'N
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman
Clerk of Circuit Court and Comptroller
MAR 2 4 2015
By: d/tI 0014U C 1 Approved:
BCC/MG/2015Minutes
Board of County Commission Meeting Page 16
March 3,2015
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD.COUNCIL COMMISSION,AUTHORITY,OR COMMITTEE
Davis Wesley S. Board of County Commissioners
MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION.AUTHORITY OR COMMITTEE ON
1801 27th Street, Building A WHICH ISERVE ISAUNIT CF:
CITY COUNTY 0 CITY BOUNTY 0 OTHER LOCAL AGENCY
Vero Beach Indian River NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS:
March 3 2015 ELECTIVE -V 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes,
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STAT UTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by wham he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain, or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "re!ative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
i
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
DISCLOSURE OF LOCAL OFFICER'S INTEREST
1,_ Wesley S. Davis , hereby disclose that on March 3, ,2019
(a)A measure came or will come before my agency which(check one)
inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative, brother, Brian Davis
inured to the special gain or loss of by
whom I am retained;or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Relative Brian Davis, brother, owns and operates a business and may or may not benefit
from the decision.
March 3, 2015
Date Filed Signature �Wes4y7 .'
Davis
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
PAGE 2
CE FORM 813-EFF.1/2000