HomeMy WebLinkAbout06/16/2015 BOARD OF COUNTY
COMMISSIONERS
VE INDIAN RIVER COUNTY, FLORIDA
' REGULAR MEETING MINUTES
TUESDAY, JUNE 16, 2015
Commission Chambers
Indian River County Administration Complex
180127 1h 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 Present Leona Adair Allen,Deputy Clerk Present
DVD PACKET
TES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Freddie Woolfork, Gifford Youth Achievement
Center
3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:02 Move: Item 8. Consent Agenda, to follow Item 4, Additions/Deletions to the
a.m. Agenda.
Move: Item 9.A. Indian River County Sheriff Deryl Loar, to be heard
following Item 8.G. Award of Bid No. 2015011, 45th Street Canal Enclosure
(43 d Avenue—Family Dollar Entrance), IRC Project No. 1427.
Delete: Item 8.E. Work Order No. 2 Release of Retainage
ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman
Solari, the Board unanimously approved the agenda as amended.
Board of County Commission Minutes Page 1
June 16,2015
5. PROCLAMATIONS and PRESENTATIONS
a08 A. Presentation of Proclamation Designating June 18, 2015 as 10`" Annual
.m. National Dump the Pump Day 1
-- -----------------
Vice Chairman Solari read and presented the Proclamation to Karen
Deigl, President/CEO Senior Resource Association and GoLine Indian
River Transit.
Karen Deigl announced the events taking place on June 18, 2015, stating
that the annual Dump the Pump event was sponsored and supported by
the American Public Transportation Association, and encouraged
individuals to ride public transportation.
9:14 B. Presentation by Harley O'Neill, Director of Sales & Marketing, Triton
a.m. Submarines—Brief Overview-of the Company-and Updates__________________________________________
-- -- - - ---- ------------------------
Harley O'Neill provided an overview and update on Triton Submarines,
LLC, to bring public awareness, interest, and tourism to the local
community. Some of his company's goals include generating worldwide
interest in ocean exploration, advancing medical science, and the
opportunity for Vero Beach to consider a local application that would
stay within the community for possible documentaries and studies.
9:24 C. Fire Station Update
a.m. (memorandum dated June 9, 2015) 2-86/45
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® Management and Budget Director Jason Brown and Veritox, Inc.
Principal Dr. Bruce Kelman, PhD (Doctor of Philosophy), DABT
(Diplomat of American Board Toxicology), ATS (Academy of
Toxicological Sciences), ERT (European Registered Toxicologist)
provided background and an update on Fire Stations 1, 7, 10, and 11,
pertaining to the issues and concerns of mold. Due to the importance of
the firefighters' health and the technical nature of testing mold, staff
enlisted Dr. Kelman and his team to provide an expert report based on
the records and reports that were provided to him.
Dr. Kelman discussed human health effects associated with mold
(allergy symptoms, infections, toxicity); mycotoxins; mold spores;
bacteria; endotoxins; and exposure. He stated that indoor mold was not
an unusual occurrence, and explained the route of exposure (through
ingestion, inhalation, or dermal). He revealed that five major
scientific/medical organizations had reviewed evidence and came to a
similar conclusion that even though mold spores cause allergies from
building materials, organisms do not cause infections in healthy
individuals, and inhaling mold spores in an indoor environment would
not cause toxicity. He said he was advocating good science by providing
a reflection of what was present and generally accepted in medical
science literature; and emphasized that he did not have a bias of the
--outcome.
Board of County Commission Minutes Page 2
June 16,2015
Dr. Kelman reported the following findings for mold spore levels
® outdoor versus inside Fire Stations 1, 7, 10, and 11:
Fire Highest Location Highest Location
Station Outdoor Indoor
Concentration Concentration
1 Exterior
15,374 Admin/ 220 Kitchen
Office area
7 3,477 Rear Bay 270 Lounge
Doors
10 7,500 Exit off 327 Bunk
Kitchen
11 9,400 Front/Main 1,790 Weight
Entry Room
He pointed out that the air concentration outside the Fire Stations
showed far more mold spores than the indoor environment, which
means allergy sufferers would suffer less inside the Fire Stations than
outdoors. He recommended atopic individuals be tested by their
primary care medical doctor to see what they are allergic to so they can
avoid exposure. He described the technologies used in the
measurements and characteristics of mold and bacteria; and reported
that when the Institute of Medicine and the World Health Organization
® conducted their comprehensive review of the scientific literature, they
concluded that they could not find enough evidence for adverse effects
from inhaled mycotoxins, bacteria, or endotoxins in an indoor
environment.
Commissioner Zorc wanted to know what was causing the firefighters'
symptoms, and what should be done since mold was not the cause.
Dr. Kelman replied that it was not a simple answer, the most likely
diagnosis would be an allergy, which would involve specific testing by
their primary care medical doctor. He felt the repairs to the Fire
Stations were exactly what needs to be done. He stressed that the state
of housekeeping is really important in a Fire Station, and if mold is
sighted, like on the ceiling or in a shower, it should be wiped off
immediately to prevent it from growing. He did not believe the mold in
the Fire Stations would harm a firefighter unless they have an allergy;
however, he stressed that no one enjoys living in an environment with
mold because it looks and smells bad.
Mark Hill, Workers' Compensation Attorney, revealed that the
Workers' Compensation Program was not a great system. He said the
problem is the statutory scheme and how it is regulated since the system
® was not designed to take conditionsthat are not evident that the cause
_
Board of County Commission Minutes Page 3
June 16,2015
was work related; and if the condition does not fall within the scheme,
then employee health insurance is to be used. He conveyed that the
® current obstacle was based on the information from the experts, and
there has been no other evidence provided that would allow for a
provision to kick in.
John O'Connor, Indian River County Firefighter, and President of the
International Association of Firefighters Local 2201, provided
background regarding mold in the Fire Stations. He had concerns as to
where this was going since he still has mold and bacteria present in the
Fire Stations, still has employees living in the Stations, and still has
ongoing remediation.
Donald Hood, 400 401h Court SW, described his past experiences with
mold, and suggested the amount of humidity in the air at the Fire
Stations be checked to ensure it does not register too high, since low
humidity discourages mold growth.
Dr. Kelman agreed, and reiterated the importance of eliminating the
source of moisture.
Commissioner Zorc suggested installing humidistats in the Fire
Stations.
® The Chairman called for a break at 11:08 a.m., and reconvened the
meeting at 11:13 a.m., with all members present.
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6. APPROVAL OF MINUTES
11:19 A. Regular Meeting of May 19, 2015
a.m.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Zorc, the Board unanimously approved the regular
meeting minutes of May 19, 2015, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
11:19 A. Letter to Bill Spivey, Executive Director, Florida Development Finance
a.m. Corporation
(letter-dated June-10, 2015)---------------------------------------------------------------------------87-88--
Noted for the record was the upcoming Florida Development Finance
Corporation (FDFC) meeting to consider the adoption of a resolution to
authorize the issuance of $1.75 billion of bonds to finance the proposed
All Aboard Florida (AAF) project.
Board of County Commission Minutes Page 4
June 16,2015
B. Letter from U.S. Department of Homeland Security Appending Second
Appeal Decision for FEMA Region IV to re-obligate $2,827,524 for Indian
® River County's Rockridge Sewer Mitigation Project
(letter dated June 8, 2015) 89-90
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9:03 (Clerk's Note: Item 8 was heard following the Item 4 and placed here for
a.m. continuity.)
CONSENT AGENDA
8.
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the Consent Agenda, pulling items
8.B. and 8.G. for comment.
A. Approval of Warrants—May 29, 2015 to June 4, 2015
(memorandum dated June 4, 2015) 91-99
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Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
9:03 B. Approval of Mediated Settlement Agreement — Parcel of Property Owned by
a.m. Laurel Homes, Inc. Located on 66th Avenue South of 16th Street
(memorandum dated June 10, 2015) 100-113
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Commissioner O'Bryan pulled this item for public information and
clarification due to the significant mediated dollar amount of$1.3 million
for full and final settlement for title to the right-of-way property located
on 66`h Avenue, south of 16`h Street. He pointed out that the attorney's
fees and expert witness fees would be negotiated and brought back to the
Board at a later date.
ON MOTION by Commissioner O'Bryan, SECONDED by Chairman
Davis, the Board unanimously authorized the Chairman to execute the
Mediated Settlement Agreement with Laurel Homes, Inc., and any
documents in furtherance of the Agreement on behalf of the Board.
C. Escheated Property: Lot 1, Block 12, Tropical Village Estates, Unit 2
(memorandum dated June_9,_2015)---------------------------------------------------------------114-121
---------------------------------- - -
(1) Approved the conveyance of the property back to the record fee
simple owner (Miriam Ocampo); (2) authorized the Chairman to execute
the County Deed; and (3) authorized $3,478.64 to be sent to the Tax
Collector's Office for disbursement to the various taxing authorities,
including Indian River County.
D. Revised and Restated Joint Fiber Optics Project Interlocal Agreement
(memorandum dated June 3 2015)---------------------------------------------------------------122.145
Approved the Revised and Restated Joint Fiber Optics Project Interlocal
Agreement, and authorized the Chairman to execute any documents
necessary to effectuate the Agreement.
Board of County Commission Minutes Page 5
June 16,2015
I
E. Work Order No. 2 Release of Retainage — Bridge Design Associates, Inc. for
66th Avenue Bridge Replacements for 41" Street, 45th Street, 491h Street, 33rd
is Street and 37th Street Bridges—IRC Project No. 0545
(memorandum dated June 2, 2015) 146-148
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Deleted
F. Miscellaneous Budget Amendment 17
(memorandum dated June 10, 2015) 149-153
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Approved Resolution 2015-075, amending the Fiscal Year 2014-2015
Budget.
9:05 G. Award of Bid No. 2015011, 45th Street Canal Enclosure (43rd Avenue —
a.m. Family Dollar Entrance), IRC Project No. 1427
--(memoran- dum-dated June_8,_2015)............................................................. 154-164
-------- --------- ---------- -- - -
Commissioner O'Bryan informed the public that this project was to cost
share with the developer for an additional length of culvert on 45th
Street, as part of the Gifford Beautification Project and creating a safer
area.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to approve the bid award to the lowest, most
responsive and responsible bidder, Johnson-Davis, Inc., in the amount of
$160,035.00; and authorize the Chairman to execute the Agreement upon
review and approval of both the Agreement and required Public
0 Construction Bond by the County Attorney as to form and legal
sufficiency, and the receipt and approval of required insurance by the
Risk Manager.
Commissioner Flescher pointed out that the dollar amount was
significantly lower than what was originally discussed.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
9:07 (Clerk's Note: Item 9.A. was heard following Item 8. and is placed here for
a.m. continuity.)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River Countv Sheriff Dervl Loar
Target Corporation Grant Application to Purchase Tactical Force-on-Force
Training Equipment
(letter dated June_1-,-20-1-5)----------------------------------------------------------------------------165.172
----------------------- -
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the proposed Target
Corporation Grant application for $14,990.00, to provide funds to purchase
® tactical force-on-force training equipment.
Board of County Commission Minutes Page 6
June 16,2015
® 10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
11:20 1. Notice of Scheduled Public Hearing for June 23, 2015:
a.m. Indian River County Board of County Commissioners Rental
Assistance Department — Housing Choice Voucher (Section 8)
Program Five Year and Annual Year Plan FY 2016—2021
(memorandum dated June 10, 2015) 173-174
---------------------------------------------------------------------------------------------------------
County Attorney Dylan Reingold read the Notice into the
record.
11. COUNTY ADMINISTRATOR MATTERS
None
012. DEPARTMENTAL MATTERS
A. Communitv Development
None
B. Emergency Services
None
C. General Services
None
1. Human Services
None
2, Sandridge Golf Club
None
0
Board of County Commission Minutes Page 7
June 16,2015
3, Recreation
® None
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. 2016 Legislative Priorities
(memorandum dated June 8, 2015) 175-176
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11:20 Assistant County Attorney Kate Pingolt Cotner informed the Board
m. that the Special Legislative Session for 2015 would come to a close on
Friday, June 19, 2015, and the 2016 Legislative Session would start on
or around January 12, 2016. She asked the Board to review and
discuss the preliminary Legislative Priority List for the 2016
Legislation, as shown on page 175 of the Agenda Packet. She
recommended the Board Table Item 4 - Florida State Statute Chapter
180 — Utility Service Areas, and focus solely on Item 1 - Sale of City of
Vero Beach Electric to Florida Power and Light. She also
recommended the Board appoint a primary and alternate point person
for community outreach for the electricity issue.
A brief discussion ensued regarding the recommendation to Table Item
4 - Florida State Statute Chapter 180—Utility Service Areas.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Zorc, the Board unanimously approved to Table for one
year Item 4 - Florida State Statute Chapter 180 —Utility Service Areas,
on the 2016 Legislative Priority List.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously appointed Vice Chairman
Solari to serve as the Primary point person, Commissioner O'Bryan as
the Alternate, and Commissioner Zorc as the third point person for
Board of County Commission Minutes Page 8
June 16,2015
community outreach regarding the sale of the City of Vero Beach
Electric to Florida Power and Light.
® Attorney Pingolt Cotner informed the Board that the Attorney's office
had received an update on water projects late last night, and $50,000
was received for the Oyster Bed Project. She also pointed out that
regarding Item 7 - Reimbursement for the Department of Juvenile
Justice Overcharges, there was a deal that 57% would be paid by the
Counties, and if this goes through, it would no longer be on the priority
list.
Commissioner O'Bryan conveyed that on Item 9 - Reauthorization of
Enterprise Zones, Senator Jack Latvala had put out a proposal to
continue certain existing zones and businesses for three years. He felt
this was a dead issue and should be dropped from the priority list.
ON MOTION by Commissioner O'Bryan, SECONDED by Chairman
Davis, the Board unanimously approved to remove Item 9 -
Reauthorization of Enterprise Zones from the 2016 Legislative Priority
List.
At this time Attorney Reingold provided a brief update on All Aboard
Florida. He reported that Judge Christopher Cooper in Washington,
D.C. denied Indian River County's motions for Preliminary Injunction
® and Summary Judgment, as well as Martin County's, based upon what
had been determined at this stage of the litigation. He said that the
Judge scheduled a conference call with the attorneys for Monday, June
22, 2015, at 10:00 a.m., to discuss where to go from here with the
proceedings of the case. He also mentioned that there had been no
response from Executive Director Bill Spivey or the Attorney from the
Florida Development Finance Corporation (FDFC), and another
meeting had not been scheduled.
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
Board of County Commission Minutes Page 9
June 16,2015
I
D. Commissioner Peter D. O'Brvan
® None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:32
a.m.
ATTEST:
.....
Z
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman e '.
Clerk of Circuit Co and Comptrolle
'n'-:yER COU�LS
By: Approved: ��1 142015
Deputy Cler
BCULA/2015Minutes
Board of County Commission Minutes Page 10
June 16,2015