HomeMy WebLinkAbout01/17/2017Indian 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 17, 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
Maureen Gelfo, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final January 17, 2017
1. CALL TO ORDER
Present: 5 - Chairman Joseph Flescher
Vice Chairman Peter O'Bryan
Commissioner Susan Adams
Commissioner Bob Solari
Commissioner Tim Zorc
2. INVOCATION
Reverend Benny Rhyant, New Mount Sinai Baptist Church
3. PLEDGE OF ALLEGIANCE
Commissioner Susan Adams
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Item 14.E.1. to be heard with Item 10.B.1. Request to Speak from Phyllis Frey, the
American Coalition 4 Property Rights, Regarding HUD's Affirmatively Furthering
Fair Housing Rule.
A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, 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 17-0006 Presentation of Florida Commission for the Transportation Disadvantaged
2016 Urban Community Transportation Coordinator of the Year Award
Recognizing the Senior Resource Association operating as the Indian River
County Community Transportation Coordinator
Recommended Action: Presentation only - No action required
Karen Deigl, President of the Senior Resource Association (SRA), announced that the
County's transit system was recognized as a Best Practice Transit System in the State of
Florida. She provided an update on the GoLine and Community Coach transit systems
and announced that the main transit hub will be opening in March 2017. She discussed
various partnerships between the GoLine, Community Coach, and private entities in the
County. Ms. Deigl explained the decision to eliminate the GoLine Beachside
Circulator route, and recognized Vero Beach Hotel and Spa for helping fund the
initiative for two years. She also introduced Senior Resource Association's
Transportation Operations Manager Chris Stephenson, Safety Training Supervisor
George Colon, Paratransit Supervisor Grace Salemi, Operations Assistant Lora Spokes,
Community Coach Driver Rosemary Miller, and GoLine Driver Richard Houston.
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
5.113 17-0056 Quarterly Recycling Update - January 2017
Recommended Action: No action needed.
Attachments: Staff Report
In her PowerPoint Presentation, Recycling Education and Marketing Coordinator
Stephanie Fonvielle gave the recycling update for the first quarter of Fiscal Year
2016-2017, and discussed staffs educational outreach efforts. She announced that
the Electronics and Household Hazardous Waste recycling event will take place on
January 21, 2017 at the North County Aquatic Center, and a Paper Shredding Event
will be held on April 8, 2017 at the Southeast Security Shredding Facility.
Himanshu Mehta, Managing Director of the Solid Waste Disposal District,
commented on the success of the single -stream recycling program.
Chairman Flescher sought and received confirmation that staff is working towards
making recycling available at the beach parks.
6. APPROVAL OF MINUTES
6.A 17-0054 Regular Meeting of December 13, 2016
Recommended Action: Approve
Attachments: Minutes 12/13/2016
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, to
approve the minutes of the Regular Meeting of December 13, 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 17-0050 Indian River County Hospital District Meeting Schedule 2017
Recommended Action: Informational only
Attachments: Indian River County Hosoital District Meeting Schedule 2017
73 17-0046 The next Wabasso community meeting for the Wabasso Corridor Plan
Update has been scheduled for February 6, 2017, at 6:00 p.m. at the Allen
Chapel AME church located in Wabasso at 6245 85th Street (SW corner of
CR 510 and 64th Avenue).
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Board of County Commissioners Meeting Minutes - Final
January 17, 2017
Recommended Action: This meeting notice is provided for the Board's information. No action is needed.
Attachments: Wabasso Community Meeting Notice
Chairman Flescher announced that the third meeting for the Wabasso Corridor Plan
Update would be held on February 6, 2017 at 6:00 p.m. at the AME Church.
7.0 17-0058 Update All Aboard Florida/ Vero Electric Expenses
Recommended Action: No Action Required
Attachments: Staff Report
All Aboard FL Expenses
FP&L-Vero Beach-FMPA expenses
7.D 17-0062 Update on GoLine Beachside Circulator (Route 16)
Recommended Action: This is an informational item.
Attachments: Staff Report
Metropolitan Planning Staff Director Phil Matson and Karen Deigl provided further
analysis on the discontinuation of the GoLine Beachside Circulator. Heaton
Companies, developer of Vero Beach Hotel and Spa, was acknowledged for their
financial contribution.
Vice Chairman O'Bryan commended Director Matson and Ms. Deigl on their work,
and remarked that he would like to see the program brought back at some point.
7.E 17-0051 Continuation Certificate for Surety Bond - Jeffrey R. Smith
Attachments: Informational Memo
Continuation Certificate - Jeffrey R. Smith
7.F 17-0060 Final TD Banking Contract Documents
Recommended Action: No action required. Informational item only.
Attachments: BOCC Agenda Item - TD Banking Contract - Info Item Jan 2017
TD Bank - Indian River County - Final Executed Contract
Commercial Card Agreement
8. CONSENT AGENDA
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
approve the Consent Agenda, pulling Items 8.C., 8.E., and 8.17. for
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
discussion. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
8.A 17-0048 Approval of Checks and Electronic Payments December 30, 2016 to
January 5, 2017
Recommended Action: Approve list of checks and electronic payments issued by the Comptroller's office
for the time period of December 30, 2016 to January 5, 2017
Attachments: Approval of Checks and Electronic Payments December 30. 2016 to
January 5. 2017
Approved staffs recommendation.
8.113 17-0061 Application for Nomination to Serve on the Metropolitan Planning
Organization Citizens Advisory Committee (MPO CAC)
Recommended Action: Approve recommendation
Attachments: Memorandum
Approved the appointment of Zaqary Sanders to fill the County Commission
appointee position on the Metropolitan Planning Organization Citizens Advisory
Committee.
8.0 17-0063 Miscellaneous Budget Amendment 005
Recommended Action: Staff recommends that the Board of Commissioners approve the budget resolution
amending the fiscal year 2016/2017 budget.
Attachments: Staff Report
2016 2017 Resolution
Exhibit "A"
Vice Chairman O'Bryan directed the Board's attention to the Federal Emergency
Management Agency (FEMA) Assistance to Firefighters Grant listed in Item 5 of
Budget Amendment 005. He encouraged staff to pursue more of these types of
grants to support the firefighters.
County Administrator Jason Brown advised that staff has applied for a number of
FEMA grants and is looking into obtaining a Staffing for Adequate Fire &
Emergency Response (SAFER) Grant for Fire Station No. 14.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
to approve Resolution 2017-002, amending the Fiscal Year 2016-2017 Budget. The
motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
8.D 17-0049 Recommendation of Award - Bid 2017014 - Self -Contained Breathing
Apparatus
Recommended Action: Staff recommends the Board of County Commissioners award Bid 2017014 to
Ten -8 Fire Equipment, Inc. and authorize the Chairman to execute the attached
agreement after the County Attorney has reviewed it for form and legal sufficiency.
Attachments: Staff Report
Agreement
Approved staffs recommendation.
8.E 17-0026 Award of Bid No: 2017013 43rd Avenue Sidewalk Improvements from
Aviation Boulevard to Airport Drive West
Recommended Action: Staff recommends that the project be awarded to Timothy Rose Contracting, Inc., in
the amount of $497,113.24 and requests that the Board of County Commissioners
approve the sample agreement and authorize the Chairman to execute said
agreement after receipt and approval of the required Public Construction Bond and
Certificate of Insurance and after the County Attorney has approved the agreement
as to form and legal sufficiency.
Attachments: Staff Report
Sample Agreement
Vice Chairman O'Bryan confirmed with Director of Public Works Richard Szpyrka
that the proposed contractor, Timothy Rose Contracting, Inc. would have time in his
schedule to construct the sidewalk improvements.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
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
8.F 17-0068 Private Community Requests to Use County Beach Park Access for
Emergency Dune Repair Projects - Post Hurricane Matthew
Recommended Action: The recommendation of staff is for the Board to authorize the County Administrator
or his designee to execute County beach park access agreements for the purposes of
private emergency dune repair projects.
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
Attachments:
Sample Beach Access License Agreement
Beach Access backup
County Attorney Dylan Reingold pointed out a change in the License Agreement
amending the language under Proof of Insurance to state that the Licensee shall furnish
the County, rather than the owner, a certificate of insurance.
A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to
approve staff's recommendation, amending the language under Proof of Insurance to
specify that the Licensee shall furnish the County, rather than "the owner" a certificate
of insurance. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
8.G 17-0066 Irrigation System Pump Station Replacement at Sandridge Golf
Club - Lakes Golf Course
Recommended action: Staff recommends the Board waive the requirement for bids for replacement of the
pump station and authorize the Purchasing Division to issue a Purchase Order to
Watertronics in the amount of $108,727.00.
Attachments: Staff Report
Approved staff s recommendation.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A 17-0011 Indian River County Sheriff Deryl Loar - Request for $80,821.45 from the
Law Enforcement Trust Fund to be used for the purchase of active shooter
kits, SWAT armor, and tactical assault vests.
Recommended Action: It is recommended that the Board approve the use of $80,821.45 from the Law
Enforcement Trust Fund to purchase active shooter kits, SWAT armor, and tactical
assault vests.
Attachments: Letter Dated 12-19-16
Equipment Quote
Sheriff Deryl Loar, in response to questions posed by the Board, explained that a
tactical assault vest is basically a bulletproof vest.
A motion was made by Commissioner Solari, seconded by Commissioner Adams, to
authorize the use of $80,821.45 from the Sheriffs Law Enforcement Trust Fund to
purchase active shooter kits, Special Weapons and Tactics (SWAT) armor, and
tactical assault vests for Corrections Officers. The motion carried by the following
vote:
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
9.13 17-0064 Indian River County Sheriff Deryl Loar - Authorization for Proceeds from
Auction of Surplus Property in Amount of $105,174.00 to be used in Current
Fiscal Year for Purchase of like -kind Property
Recommended Action: Recommend the Board of County Commission Authorize the Proceeds from the
Auction of Surplus Property in the Amount of $105,174.00 to be used in Current
Fiscal Year for Purchase of like -kind Property
Attachments: Letter 01.10.17
Associate Auctions Settlement Statement
Sheriff Deryl Loar appeared before the Board in support of his request.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to
authorize the Sheriff's Office to use proceeds in the amount of $105,174, from a
public auction of surplus property and vehicles, to acquire new like -kind property
within the current fiscal year. 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
10.113.1 17-0047 Request to Speak from Phyllis Frey, the American Coalition 4 Property
Rights, Regarding HUD's Affirmatively Furthering Fair Housing Rule
Recommended Action: Public Discussion Item - No Action Required
Attachments: Public Discussion Request Form
Additional Backup Provided At Meeting
Phyllis Frey, 275 Date Palm Road, recalled that at the April 12, 2016 County
Commission meeting, she had spoken on the Department of Housing and Urban
Development's (HUD) Affirmatively Furthering Fair Housing Rule (AFFH).
She explained that the AFFH Rule interferes with the Home Rule of Law, and is
included in certain grants. She elaborated on the impacts of the AFFH and
discussed the consequences of failing to comply with all of its obligations. Ms.
Frey reported that Sedgwick County, Kansas, and other entities have decided
not to enter into grant agreements containing the AFFH Rule, and asked the
Board to consider making a similar policy change.
(Clerk's Note: Please see Item 14.E. L for Board action on this matter).
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
C. PUBLIC NOTICE ITEMS
10.C.1 17-0045 Public Notice of Public Hearing Scheduled for January 24, 2017 to
Consider Codifying the Code of Indian River County - LEGISLATIVE
Attachments: Public Notice
County Attorney Dylan Reingold read the notice into the record.
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
E. Office of Management and Budget
F. Public Works
G Utilities Services
12.6.1 17-0055 West Wabasso Phase II Sewer and the East Gifford Drainage
Project - Bidding Status: Bid No. 2017021
Recommended Action: Staff recommends Option No. 1 as outlined, rejection of all bids submitted in
response to Invitation to Bid No. 2017021 and table the project for a later date,
and authorize staff and the chair to sign any documents necessary to effectuate
the termination of the agreements associated with the West Wabasso Phase II
Sewer project.
Attachments: Staff Report
Bid Comparison for Schedule A and B
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
Director of Utilities Vincent Burke provided background on the West Wabasso
Phase II Sewer Project and the East Gifford Drainage Project, which would be
partially funded by grants from the St. Johns River Water Management District
and a Federally -Funded Sub -Grant Agreement. He advised the Board that two
contractors have submitted bids on two separate occasions, and the bids
continue to be $1 million over the budgeted amount. Director Burke outlined
the Board's options and relayed his recommendation to Table the West Wabasso
Phase II Sewer Project and terminate the agreements associated with same, and
to proceed with the East Gifford Drainage Project through a separate
procurement process.
Discussion ensued about the cost variations in the two bids.
Director Burke, in response to questioning, stated that the sewer project has
been designed and the permits are good for five years, so if the County obtains
funding or better pricing, it would be ready for construction.
Administrator Brown discussed prospective funding sources for the East
Gifford Drainage Project.
Commissioner Zorc sought and received confirmation that staff would hire a
consultant to review the design plans for the sewer project, with the intention of
reducing project costs.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Adams, to: (1) approve staffs recommendation to reject all bids submitted in
response to Invitation to Bid No. 2017021 and Table the West Wabasso Sewer
Phase II project for a later date; (2) authorize staff and the Chairman to sign any
documents necessary to effectuate the termination of the agreements associated
with the West Wabasso Phase II Sewer project; and (3) direct staff to move
forward with the proposed drainage improvements for the East Gifford area (the
East Gifford Drainage Project) as designed and itemized in Schedule B through a
separate procurement process utilizing other funding sources. The motion
carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Solari, and Commissioner Zorc
13. COUNTY ATTORNEY MATTERS
14. COMMISSIONERS MATTERS
A. Commissioner Joseph E. Flescher, Chairman
B. Commissioner Peter D. O'Bryan, Vice Chairman
C. Commissioner Susan Adams
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
D. Commissioner Bob Solari
E. Commissioner Tim Zorc
14.E.1 17-0067 HUD and the Affirmatively Furthering Fair Housing (AFFH) Rule
Recommended Action: Discussion
Attachments: Memorandum
This item was discussed in conjunction with Item 10.B.1. Request to Speak
from Phyllis Frey, the American Coalition 4 Property Rights, Regarding HUD's
Affirmatively Furthering Fair Housing Rule, and is placed here for continuity.
Materials from Ms. Frey's presentation on April 12, 2016, and related items,
were provided for the record (copy on file).
Commissioner Zorc suggested two policy changes that would help protect the
County's Home Rule of Law: 1) make sure staff identifies and notifies the
Board of grant applications containing AFFH or AFFH-related stipulations
under another name; and 2) have the County Attorney's office review and report
back to the Board on the feasibility of the County adopting a similar law to
Sedgwick County, wherein the County would not enter into grant agreements
with AFFH requirements.
Deliberations ensued regarding the vagueness of the AFFH Rule; protecting the
Home Rule of Law; the financial impact on current programs if certain grants
are rejected and the preservation of the County's existing affordable housing
programs; the importance of grants to future projects; and the possibility that in
the future, the new HUD Secretary, Ben Carson, may eliminate the AFFH Rule.
County Administrator Jason Brown and County Fair Housing Administrator
Deputy County Attorney Bill DeBraal, provided input on the County's existing
grants and fair housing programs.
It was the Board's consensus that future grant agreements should be thoroughly
vetted, with well-defined requirements that are not open to interpretation.
A motion was made by Commissioner Zorc, seconded by Vice Chairman O'Bryan,
to: (1) direct staff to continue performing due diligence on grants and implement
a formal process to ensure that the County has investigated all of the AFFH or
AFFH-related grants that the County has accepeted or is considering; and (2)
direct the County Attorney's Office to review and report back to the Board
regarding a policy that would preserve the County's current programs but
address future grants with AFFH or AFFH-related requirements. The motion
carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final January 17, 2017
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams,
Commissioner Solari, and Commissioner Zorc
A motion was made by Commissioner Solari, seconded by Chairman Flescher, to
direct the Community Development Department and the County Attorney's Office, to:
(1) identify the problematic aspects, including vagueness issues, of the Affirmatively
Furthering Fair Housing (AFFH) Rule; (2) return to the Board with recommendations
on how best to change the AFFH Rule with the intent for the document to be reviewed
by Congressman Bill Posey and subsequently submitted by the County to the
Department of Housing and Urban Development (HUD), requesting those changes to
be made to HUD's current AFFH Rule; and (3) coordinate with Phyllis Frey on moving
forward with staffs review and recommendations. The motion carried by the
following vote:
Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emer2ency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:37 a.m.
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Board of County Commissioners Meeting Minutes — Final January 17, 2017
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: xe'�4�
Deput 1 Ur
BCC/1\4G/2017 Minutes
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