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HomeMy WebLinkAbout01/10/2017Indian River County Florida Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www ircgov. com Meeting Minutes - Final Tuesday, January 10, 2017 9:00 AM Commission Chambers Board of County Commissioners Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Bob Solari, District 5 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller Shelli Gagnon, Deputy Clerk Board of County Commissioners Meeting Minutes - Final January 10, 2017 1. CALL TO ORDER ROLLCALL Present: 4 - Chairman Joseph Flescher Vice Chairman Peter O'Bryan Commissioner Susan Adams Commissioner Bob Solari Absent: 1 - Commissioner Tim Zorc 2. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 3.A CONSTITUTIONAL OFFICERS OATH OF OFFICE The Honorable Robert L. Pegg, Circuit Judge, Nineteenth Judicial Circuit Court of Florida Circuit Judge Robert L. Pegg administered the Oath of Office to Constitutional Officers Jeffrey R. Smith, Clerk of Circuit Court and Comptroller; David Nolte, Property Appraiser; Deryl Loar, Indian River County Sheriff; Leslie R. Swan, Supervisor of Elections; and Carole Jean Jordan, Tax Collector. The Chairman called a recess at 9:09 a.m., and reconvened the meeting at 9:21 a.m. Commissioner Zorc entered the meeting during the recess at approximately 9:10 a.m. 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Moved Item 12.E.1, Office of Management and Budget, to Item 12.D.1, Human Resources Item 14.E.1. to be heard under Item 11, County Administrator Matters A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, to approve the Agenda, as amended. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 5. PROCLAMATIONS and PRESENTATIONS 5.A 17-0027 Presentation on 2018 Vero Beach Air Show by Colonel Marty Zickert on behalf of the Veterans Council of Indian River County Recommended Action: Presentation Only No Action Required Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final January 10, 2017 5.B 17-0003 Recommended Action: Retired Colonel Marty Zickert, USAF, provided information on the Vero Beach Air Show for 2018. Colonel Zickert reported that The Blue Angels will be appearing, with the tentative dates set for April 21, 2018 and April 22, 2018. He also spoke about two upcoming fundraisers being held at the Indian River County Shooting Range; one to benefit the Veteran's Council, and one to benefit the Blue Angels. Commissioner Zorc asked for a video link for the 2018 Vero Beach Air Show to be placed on the County website, and Vice Chairman O'Bryan made the request to Mr. Zickert to communicate to the Blue Angels that, from his perspective, the Board wanted The Blue Angels to fly low, fast, and loud, so that when the residents heard them, they would recognize the sound of freedom flying overhead. Presentation by Ann Berner, Chief Executive Officer, and Becky Walker, Director of Network Management, Southeast Florida Behavioral Health Network on the Requirements of Senate Bill 12 for a county Transportation Plan and Designated Receiving System, and a Report on the Criminal Justice Mental Health Reinvestment Act Grant awarded for the Mental Health Court in Indian River County. Presentation only no action required. Becky Walker, Director of Network Management, Southeast Florida Behavioral Health Network, provided background on the Requirements of Senate Bill 12, relating to mental health and substance abuse, for a County Transportation Plan and Designated Receiving System. She stated that Senate Bill 12 would require the County to collaborate with other managing entities to develop a plan that would provide transportation for patients who have been involuntarily committed, and designate the proper receiving facilities to be used for care. She explained that an approval must be made by the County, Southeast Florida Behavioral Health Network, and the Department of Children and Families; and that the Plan must be implemented by July 1, 2017. County Attorney Dylan Reingold noted that he would continue working to ensure that a Plan came before the Council and the Board before July 1, 2017. A short discussion ensued regarding any allocated funding from the Legislature for the Bill, the transportation entities involved in the Baker Act process, and an estimate of how many people would be affected by Senate Bill 12 annually. Ms. Walker also updated the Board on the Report on the Criminal Justice Mental Health Reinvestment Act Grant that has been awarded to the Mental Health Court in Indian River County. Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final January 10, 2017 6. APPROVAL OF MINUTES 6.A 17-0013 Regular Meeting of November 15, 2016 Recommended Action: Approve Attachments: 11152016BCC Approved 6.B 17-0009 Regular Meeting of November 22, 2016 Recommended Action: Approve Attachments: Minutes 11222016 BCC Approved 6.0 17-0010 Regular Meeting of December 6, 2016 Recommended Action: Approve Attachments: Minutes 12062016 BCC A motion was made by Commissioner Zorc, seconded by Vice Chairman O'Bryan, to approve the Regular Meeting Minutes of November 15, 2016, November 22, 2016, and December 6, 2016. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A 17-0004 Proclamation Designating January 22 - 28, 2017, as Indian River County School Choice Week Recommended Action: Informational Only. No Action Required Attachments: School Choice Proclamation 7.B 17-0007 Indian River County School Board Member Shawn Frost described School Choice Week and expressed gratitude to the Board for recognizing the variety of opportunities in education that have been made available in this community. No Action Taken Florida Public Service Commission Consummating Order No. PSC -16 -0577 -CO -EI, In re: Petition for limited proceeding for approval to include Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final January 10, 2017 Recommended Action: in the base rates the revenue requirement associated with the acquisition of the Osprey Plant and Phase 2 of the Hines chiller uprate project, by Duke Energy Florida, LLC Informational Only Attachments: PSC -16 -0577 -CO -EI No Action Taken 7.0 17-0017 Fitch Press Release Recommended Action: The information contained herein is for informational purposes only and does not require any formal action by the Board of County Commissioners Attachments: Staff Report Fitch Press Release Commissioner Solari commented on the AAA ratings given to Indian River County's Water and Sewer Revenue Refunding Bonds, series 2009, and commended the Utilities Department for their efforts. No Action Taken 7.D 17-0035 Electronics and Household Hazardous Waste Recycling Event on January 21, 2017 Recommended Action: No action needed. Attachments: Staff Report Himanshu Mehta, Managing Director, Solid Waste Disposal District, provided information on the Electronics and Household Hazardous Waste Recycling Event scheduled for January 21, 2017, in the parking lot at the North County Pool. No Action Taken 7.E 17-0032 Indian River County Venue Event Calendar Review Recommended Action: Informational Only - No Action Required Attachments: Indian River County Venue Event Calendar Review No Action Taken 7.F 17-0031 2017 Committees Vacancies Recommended Action: There are no qualified applicants to be considered for appointment. Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final January 10, 2017 Attachments: Staff Report Vacancies List Info 01.02.17 The Chairman presented the current 2017 Committee Vacancy List. No Action Taken 7.G 17-0042 Job Fair for Lowe's Recommended Action: No action required Attachments: Informational - Job Fair for Lowe's Commissioner O'Bryan presented information on a job fair to be held by Lowe's Home Improvement Stores on January 12, 2017 for Treasure Coast locations. No Action Taken 7.H 17-0043 Job Fair --City of Fort Pierce Recommended Action: No Action Required Attachments: Item 7 Jan 10 2017 Job Fair Fort Pierce Commissioner O'Bryan announced the job fair being held by the City of Fort Pierce at the Percy Peek Gymnasium on January 19, 2017, from 10:00 a.m. to 2:00 p.m. No Action Taken 7.1 17-0044 Employment Report for November 2016 Recommended Action: No Action Required Attachments: Nov. 2016 Employment Report No Action Taken 8. CONSENT AGENDA 8.A 17-0005 A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve the Consent Agenda, as presented. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Approval of Checks and Electronic Payments December 9, 2016 to December 15, 2016 Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final January 10, 2017 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of December 9, 2016 to December 15, 2016 Attachments: Approval of Checks and Electronic Payments December 9, 2016 to December 15, 2016 Approved 8.B 17-0021 Approval of Checks and Electronic Payments December 16, 2016 to December 22, 2016 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period December 16, 2016 to December 22, 2016 Attachments: Approval of Checks and Electronic Payments December 16, 2016 to December 22, 2016 Approved 8.0 17-0023 Approval of Checks and Electronic Payments December 23, 2016 to December 29, 2016 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period December 23, 2016 to December 29, 2016 Attachments: Approval of Checks and Electronic Payments December 23, 2016 to December 29, 2016 Approved 8.D 17-0028 Public Official Bonds/Renewal Certificates - Constitutional Officers Recommended Action: Approve Public Official Bonds Attachments: Memo Bonds Info Item Surety Bond - Carole Jean Jordan Surety Bond (Continuation Certificate) - Sheriff Deryl Loar Surety Rider & Certificate of Liability Insurance - Jeff Smith Approved Cancellation of Agreement for Reservation of Right -of -Way for United Irrigation, Inc. Staff recommends the Board approve the Cancellation of Agreement for Reservation of Road Right -of -Way and authorize the Chairman to execute the document on behalf of the Board. 8.E 17-0041 Recommended Action: Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final January 10, 2017 Attachments: Staff Report Cancellation of Agreement for Reservation of Road Right -Of -Way Approved staffs recommendation. 8.F 17-0025 The Reserve At Vero Beach P.D. - Phase 2, Substitution of Security for Road and Drainage Warranty and Final Lift of Asphalt Guaranty Authorize the Chairman of the Board of County Commissioners to execute the attached Modification to Warranty and Guaranty Agreement for Required Improvements Contract No. PD-14-06-04-R&D2(2) and Modification to Contract for Construction for Final Lift of Asphalt Contract No. PD-14-06-04-FLA-PH2 memorializing the substitution of security. Recommended Action: Attachments: Staff Report Modification to Warranty and Guaranty Agreement for Required Improvements Modification to Contract for Construction for Final Lift of Asphalt Approved staffs recommendation. 8.G 17-0033 Miscellaneous Budget Amendment 004 Recommended Action: Staff recommends that the Board of County Commissioners approve the budget resolution amending the fiscal year 2016/2017 budget. Attachments: Staff Report Resolution Exhibit "A" Approved Resolution 2017-001, amending the Fiscal Year 2016-2017 Budget. 8.H 17-0024 Approval of Hourly Rate Increase for Day Labor Services Bid 2015020 Recommended Action: Staff recommends the Board approve the $0.05 hourly rate increase and authorize the Purchasing Division to issue blanket purchase orders at the new hourly rate with People Ready for the period beginning January 11, 2017 through December 31, 2017. Attachments: Staff Report Rate Change Request Memo from People Ready Approved staffs recommendation. Designation of M.H. Corbin as Sole Manufacturer and Jace Chandler & Associates as Sole Source Provider of Traffic Counter/Classifier Equipment 8.1 17-0020 Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final January 10, 2017 Recommended Action: Staff recommends the Board declare M.H. Corbin the sole source manufacturer and Jace Chandler & Associates as the County's sole source distributor for all traffic counting related equipment and waive the requirement for bids for their purchase, as needed. Attachments: Staff Report Jace Chandler & Associates Letter Jace Chandler Quote Approved staffs recommendation. 8.J 17-0018 Work Order No. 2 Morgan & Eklund, Inc. 2017 Beach Profile Monitoring Surveys (WINTER) The recommendation of staff is for the Board to approve Work Order No. 2 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. Recommended Action: Attachments: Staff Report Work Order No. 2 Morgan Eklund Approved staffs recommendation. 8.K 17-0038 Work Order No. 11 with Kimley-Horn and Associates for the Construction of Well No. 4 at South County RO Plant (SCRO) Staff recommends approval of Work Order No. 11 authorizing the professional services, and requests the Board to authorize the Chairman to execute the same on their behalf for a sum amount of $135,563.00 to Kimley-Horn and Associates. Recommended Action: Attachments: Staff Report Work Order No. 11 and supporting documents Existing Well No. 4 Condition Assessment Report Approved staffs recommendation. 8.L 17-0029 Work Order No. 10 with KHA - North RO Water Treatment Facility Recommended Action: Staff recommends that the BCC approve Work Order No. 10 with Kimley-Horn and Associates, Inc., for the lump sum of $47,384.00, and authorize the Chairman to executive the same, as presented. Attachments: Staff Report Work Order Number 10 Approved staffs recommendation. Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final January 10, 2017 8.M 17-0016 Children's Services Advisory Committee's Annual Report, 2015-2016 Recommended Action: Staff recommends that the Board accept the Annual Report and the Year -End Report for 2015-2016 as submitted. Attachments: Staff Report CSAC 2015-16 Annual Report - Reviewed by Budget Approved staff's recommendation. 8.N 17-0040 Approval for Release of Final Payment to Summerlin's Marine Construction, LLC, Bid No. 2016024 - Round Island Riverside Park Boardwalk Staff respectfully requests that the Board authorize the release of final payment of $46,300 to Summerlin's Marine Construction, LLC. Recommended Action: Attachments: Staff Report Summerlins Marine Construction LLC Final Inv 3144 Summerlins Marine Construction LLC -Agreement Approved staff's recommendation. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A 17-0014 Indian River County Supervisor of Elections Leslie R. Swan - Request to have the City of Vero Beach and City of Sebastian revenues received for the November elections, in the amount of $16,573.50, rolled into the 2016/2017 Supervisor of Elections Budget. Recommended Action: It is recommended that the Board of County Commission authorize rolling the November election revenues received from the City of Vero Beach and City of Sebastian in the amount of $16,573.50 into the 2016/2017 Supervisor of Elections budget. Attachments: Letter Dated 12-22-16 9.6 17-0015 A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, to approve rolling the November election revenues received from the City of Vero Beach and City of Sebastian in the amount of $16,573.50 into the 2016-2017 Supervisor of Elections Budget. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Indian River County Supervisor of Elections Leslie R. Swan - Request that a Reimbursement Check in the amount of $3,336 from Neopost be rolled into the 2016/2017 Supervisor of Elections Budget. Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final January 10, 2017 Recommended Action: It is recommended that the Board of County Commission authorize the reimbursement check in the amount of $3,336 from Neopost be rolled into the 2016/2017 Supervisor of Elections Budget Attachments: Letter Dated 12-22-16 A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to approve the reimbursement check from Neopost in the amount of $3,336.00, be rolled into the Supervisor of Elections 2016-2017 Budget. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources 12.D.1 17-0022 Update on Acupuncture Benefit Attachments: Staff Report Suzanne Boyll, Human Resources Director, updated the Board on the changes to the acupuncture benefit that were discussed and approved on December 20, 2016, and reported that those changes will be implemented on February 1, 2017. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final January 10, 2017 She advised that she would be continuing to monitor claims and evaluate whether additional plan modifications need to be made in the future. Vice Chairman O'Bryan recalled discussions from the December meeting where a representative from the acupuncture clinic mentioned that the collection of a co -payment (co -pay) would be implemented on January 1, 2017, and asked if there was a way to monitor if a co -pay is being collected. He expressed that he felt as though the Board came up with a fair, equitable solution to the issue, but remained unsure if the issue would not have to be addressed again at a later time. Commissioner Zorc stated that he was satisfied with staff's presentation, and echoed Vice Chairman O'Bryan's thoughts about having to revisit the issue in the future. E. Office of Management and Budget F. Public Works G Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A 17-0030 Ordinance Concerning Medical Cannabis Recommended Action: The County Attorney's Office recommends that the Board vote as to whether to proceed with an ordinance which would regulate low -tetrahydrocannabinol (THC) and medical cannabis dispensing facilities under section 381.986, Florida Statutes, in the same manner as medical marijuana treatment centers under Amendment 2. If the Board wishes for the County Attorney's Office to draft such an ordinance, the County Attorney's Office recommends that the Board vote as to whether the ordinance should contain additional requirements for medical marijuana treatment centers and such dispensing facilities. Attachments: Staff Report County Attorney Dylan Reingold provided background on the regulations adopted by the Board pertaining to medical marijuana and explained that even though medical cannabis and medical marijuana are the same, they are regulated under a different framework. He detailed a recent Statute adopted by the Florida Legislature which prohibits local governments from regulating the cultivation and processing of medical cannabis, but allows a county to adopt ordinances governing the criteria for the number, the location, and other permitting requirements for medical cannabis dispensing facilities. The County Attorney's Office requested direction Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final January 10, 2017 from the Board as to whether to draft an ordinance regulating medical cannabis dispensing facilities, and if the drafted ordinance should contain additional requirements for medical marijuana treatment centers and medical cannabis dispensing facilities. Commissioner Solari suggested that the regulations for the medical cannabis dispensing facilities be combined with the existing Ordinance regulating medical marijuana. He felt that if additional requirements were added for medical marijuana treatment centers, it would give a competitive advantage to any existing dispensary facilities. Commissioner Zorc posed questions regarding the amount of medical cannabis dispensing facilities that were currently dispensing FDA regulated cannabis, whether medical cannabis would be distributed in regular pharmacies, and the process of how patients would get those prescriptions filled. Vice Chairman O'Bryan expressed his concern that if regulations were too restrictive for the low -THC (tetrahydrocannabinol) facilities, that those residents who legitimately have a need would not be able to obtain medical marijuana for their conditions because of the restrictions on the locations of the dispensing facilities. He stated that he would be voting against this motion for fear the people with legitimate prescriptions would not be able to obtain them due to the availability being limited to the two areas available in this County. A motion was made by Commissioner Solari, seconded by Chairman Flescher, to direct the County Attorney to: 1) draft an ordinance which will incorporate into the current code, regulations concerning medical cannabis dispensing facilities; and 2) ensure that the details are consistent and compliant with state law. The motion carried by the following vote: Aye: 4 - Chairman Flescher, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Nay: 1 - Vice Chairman O'Bryan 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari Indian River County Florida Page 12 Board of County Commissioners Meeting Minutes - Final January 10, 2017 E. Commissioner Tim Zorc 14.E.1 17-0039 Florida Blue Acupuncture Information Attachments: Florida Blue Acupuncture 01102017 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District The Board reconvened at 10:10 a.m., as the Board of Commissioners of the Solid Waste Disposal District. The minutes will be approved under the next Solid Waste Disposal District Meeting. 15.8.1 17-0008 Approval of Minutes meeting of November 22, 2016 Recommended Action: Approve Attachments: 11222016 S W D D 15.8.2 17-0037 A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to approve the Solid Waste Disposal District meeting Minutes of November 22, 2016. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc Recommended Action: CCNA-2014 Work Order No. 9 to CDM Smith, Inc. for the 2017 Annual Financial Reports SWDD staff recommends that its Board approve Work Order No. 9 and authorize the Chairman to execute the same, as presented. Attachments: Staff Report CCNA-2014 Work Order No. 9 - CDM Smith, Inc. A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 15.8.3 17-0036 Recommended Action: Final Pay for CDM Smith CCNA 2014 Work Order No. 5 - Full Cost Accounting and Financial Assurance Reporting SWDD staff recommends that its Board approve CDM Smith's final invoice amount of $804.00. Attachments: Staff Report CDM Smith Project Completion Report & Final Invoice Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final January 10, 2017 A motion was made by Commissioner Solari, seconded by Chairman Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 10:13 a.m. Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes — Final January 10, 2017 ATT Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller BCC/SMG/2017 Minutes seph E. Flescher, Chairman Approved: February 7, 2017411%43 & nt@&AV RCCUNTy Ft! Indian River County Florida Page 15