HomeMy WebLinkAbout04/11/2017Indian 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, April 11, 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 April 11, 2017
1. CALL TO ORDER
ROLL CALL
Present: 5 - Chairman Joseph Flescher
Vice Chairman Peter O'Bryan
Commissioner Susan Adams
Commissioner Bob Solari
Commissioner Tim Zorc
2.A A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.B INVOCATION
Rabbi Michael Birnholz, Temple Beth Shalom
3. PLEDGE OF ALLEGIANCE
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to
approve the 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
5. PROCLAMATIONS and PRESENTATIONS
5.A 17-0404 Presentation of Proclamation Honoring Gail Kavanagh
Recommended Action: Read and Presented.
Attachments: Proclamation
Commissioner Zorc announced that although Gail Kavenagh was not in attendance, she
was watching the telecast of the live meeting. He read the Proclamation and a letter
from former Senator and Treasure Coast Builder's Association (TCBA) Member Ken
Pruitt, acknowledging Ms. Kavenagh's service to the community, and relayed the
comments of President of Indian River State College Edwin Massey, acknowledging
Ms. Kavenagh's contributions to education. Commissioner Zorc also thanked Ms.
Kavenagh for her positive impact on his (Commissioner Zorc's) career.
Peter Robinson, representing the TCBA, and Mattie Williams, Executive Officer of the
TCBA, spoke of Ms. Kavenagh's leadership and accomplishments in the TCBA and the
community.
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
Read and Presented
5.13 17-0355 Presentation of Proclamation Recognizing National Public Safety
Telecommunications Week
Recommended Action: Read and Presented.
Attachments: Proclamation
Chairman Flescher read and presented the Proclamation to Sheriff Deryl Loar; Captain
Chuck Kirby; Administrator of the 911 Dispatch Center Sandy Fox; and a group of
telecommunications professionals from the Indian River County Sheriffs Office.
Sandy Fox announced that there was an initiative to reclassify Public Safety
Telecommunicators as Protective Service Occupations, and requested that the Board
and public sign the petition at www.apcointl.org\whitehousepetition.
Read and Presented
5.0 17-0399 Presentation of Proclamation Observing April, 2017 as Aviation Appreciation
Month.
Recommended Action: Read and Presented.
Attachments: Proclamation
Vice Chairman O'Bryan read and presented the Proclamation to Vero Beach Regional
Airport Director Eric Menger; Piper Aircraft CFO John Calcagno; and FlightSafety
International Center Manager Nancy Ritter.
Read and Presented
5.D 17-0359 Presentation of Florida Bicycle Association 2016 Law Enforcement Agency
of the Year Award and Florida Bicycle Association 2016 Program of the Year
Award by Becky Afonso, Florida Bicycle Association Executive Director
Recommended Action: Presentations made
Florida Bicycle Association (FBA) Executive Director Becky Afonso announced that
the FBA was celebrating its 20th Anniversary, and described its mission to educate the
public and promote bike safety.
Ms. Afonso presented FBA's 2016 Annual Law Enforcement Agency of the Year Award
to Sheriff Deryl Loar and Major Eric Flowers, representing the Indian River County
Sheriffs Office. Discussion ensued on the initiatives within the Sheriffs Department
and in the community, to promote bike safety and provide bicycles to disadvantaged
citizens.
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
The FBA's 2016 Annual Program of the Year award was presented by Ms. Afonso to
the leadership team of the Bike Rehab Project. Present were Owner of Orchid Island
Bikes and Kayaks Malcolm Allen; Deputy Teddy Floyd; Mike Vincent; "Red;"
Members of Vero Cycling; Members of Bike Walk Indian River County; Julianne Price;
and Jean and Jake Piper. Discussion ensued on the mission of the Bike Rehab Project,
which has repaired bicycles and furnished free bikes to many citizens in need.
Read and Presented
6. APPROVAL OF MINUTES
6.A 17-0397 Regular Meeting of February, 21, 2017
Recommended Action: Approve
Attachments: 02212017 BCC
Approved
6.13 17-0406 Regular Meeting of March 7, 2017
Recommended Action: Approve
Attachments: 03072017 BCC
Approved
6.0 17-0389 Regular Meeting of March 14, 2017
Recommended Action: Approve
Attachments: 03142017 B CC
Approved
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, to
approve the Regular Meeting Minutes of February 21, 2017; March 7, 2017; and March
14, 2017, as written. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
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Board of County Commissioners Meeting Minutes - Final
April 11, 2017
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A 17-0394 Fellsmere Water Control District Interlocal Agreement
Recommended Action:
Attachments: Staff Report
3rd Amended and Restated Fellsmere Water Control District Fellsmere
Water Control District ILA
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
approve the Consent Agenda as amended, pulling Item 8.1). for 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 17-0396 Checks and Electronic Payments March 24, 2017 to March 30, 2017
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of March 24, 2017 to March 30, 2017
Attachments: Finance Department Staff Report
Approved staffs recommendation
8.B 17-0381 Annual Financial Report for Fiscal Year 2015-2016
Recommended Action: Approve the Annual Financial Report for Fiscal Year 2015-2016 and authorize the
Chairman to execute any related documents.
Attachments: Finance Department Staff Report
2015-2016 Annual Financial Report
Approved staffs recommendation
8.0 17-0383 Extension of Professional Coastal Engineering and Coastal Environmental
Services Agreement RFQ No. 2012050
Recommended Action: Staff recommends approval of the onetime 9 -month contract extension between the
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
County and 1) CB&I Coastal Planning & Engineering, Inc. and 2) Ecological
Associates, Inc. and requests the Board to authorize the Chairman to execute the
agreements.
Attachments: Staff Report
Renewal of Continuing Contract for CB&I
Email concurrence relative to contract extensions
Renewal of Continuing Contract for Transit dba EAI
Approved staffs recommendation
&D 17-0352 Florida Department of Environmental Protection (FDEP) Consent Order
17-0072 for the Indian River County West Regional Wastewater Treatment
Facility
Recommended Action: Staff recommends that the Board of County Commissioners: A. Authorize the
Chairman to execute Consent Order 17-0072. B. Authorize staff to pay the $500
administrative fee to the FDEP within 60 days of the effective date of the Order. C.
Waive the requirements for bids and authorize the Purchasing Manager to issue a
Purchase Order for a lump sum amount of $32,926.05 to Hach for the in-kind
equipment purchase/penalty offset, upon FDEP approval. D. Waive the
requirements for bids and authorize the Purchasing Manager to issue a Purchase
Order to CH2M Hill for a lump sum of $29,900 for process engineering consulting
services at the biosolids facility.
Attachments: Staff Report
Consent Order 17-0072
Price Proposal from Hach
Price Proposal for Consulting Services from CH2M
Vice Chairman O'Bryan was in favor of staffs recommendation, but pulled this item to
point out that the recommendation included a request to waive the bid requirements for
two items and authorize the Purchasing Manager to: (1) purchase in-kind equipment
from Hach, and (2) to procure CH2M Hill's professional consulting services. He also
discussed his interest in having staff take a new look at the County's reuse water
system, including its pricing; uses; end users; potential new markets; and disposal of
surplus reuse water in the future.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
approve staffs recommendation. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
Robert Adair, 7060 33rd Street, Florida Research Center, discussed the problem of
citrus greening, and reported that the reuse water is ideal for irrigating citrus crops. He
outlined some of the benefits of reuse water, and urged the Board to expand the reuse
program to more areas of the County, including the region west of Interstate 95.
Commissioner Zorc asked whether the County has the ability to refuse waste materials
that waste haulers from outside areas bring in.
Director of Utilities Vincent Burke stated that staff retains the right of refusal on any
questionable materials, and that staff would be meeting with various waste haulers
regarding what may and may not be accepted into the County's waste stream.
In addition to its earlier vote to approve staffs recommendation, the Commissioners
reached a consensus for staff to report back to them on the County's reuse water
program/system.
8.E 17-0384 Dwight T. Seward Jr.'s Request for Release of Easements at 195 Ocean
Way (Seagrove South Subdivision)
Recommended Action: Staff recommends that the Board, through adoption of the resolution, approve
release of the side yard utility easements described in the resolution.
Attachments: Staff report
Attachment 1: maps
Attachment 2: proposed resolution
Approved Resolution 2017-033, releasing certain easements on Lot 2, Block G,
Seagrove South Subdivision Unit One.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A 17-0382 Indian River County Clerk of the Circuit Court and Comptroller, Jeffrey R.
Smith: Presentation of the Comprehensive Annual Financial Report
(CAFR) and Popular Annual Financial Report (PAFR)
Recommended Action: No action required
Attachments: CAFR 2016 Power Point Presentation
PAFR 2016 ReceivedatMeeting
Clerk of Circuit Court and Comptroller Jeffrey Smith gave a PowerPoint overview of
the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year October 1,
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
2015 through September 30, 2016. He announced that the County has received for 33
consecutive years, the Certificate of Achievement for Excellence in Financial Reporting
from The Government Finance Officers Associations (GFOA) of the United States and
Canada. Mr. Smith then reviewed the information contained in the Popular
Annual Financial Report (PAFR), which contains an accessible summary of
information from the CAFR, and reported that the Clerk received the award for the
first PAFR produced for 2015 by the GFOA for Excellence in Popular Annual
Financial Reporting. Mr. Smith gave an update on initiatives that were being
continued or instituted by the Clerk's office, and thanked Finance Director Diane
Bernardo, Assistant Finance Director Elissa Nagy, Staff Accountant Raeanne Cone, and
Internal Auditor Ed Halsey, for their work on the CAFR, and Records Management
Liaison Officer Laura McIver for designing the PAFR. Mr. Smith announced that he
would distribute the PAFR at the April 12, 2017 meeting of the Taxpayers' Association
of Indian River County, and pursuant to Vice Chairman O'Bryan's request, would
provide to him copies of the PAFR to distribute at his South County community
meetings.
Mr. Smith addressed questions from Commissioner Zorc regarding the Florida
Retirement System, reimbursement funds from the Florida Department of
Transportation, and the collection of short-term rental taxes.
The Chairman called a recess at 10:38 a.m., and reconvened the meeting at 10:47 a.m.,
with all members present.
No Action Taken or Required
9.13 17-0392 Indian River County Sheriff Deryl Loar: Request for Project Generated
Income (PGI) Reimbursement under JAG -C Grant
2016-JAGC-I NRI -3-H3-195
Recommended Action: Authorization of Reimbursement
Attachments: Letter Dated March 29, 2017
Reimbursement Documentation
Sheriff Deryl Loar appeared before the Commission in support of his request; there
were no questions or comments from Board Members.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to
approve the Indian River County Sheriffs request for Project Generated Income (PGI)
reimbursement in the amount of $624.64 from Special Investigations Unit PGI
collected and turned over to the County under JAG -C Grant 2016-INRI-3-H3-195. The
motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
9.0 17-0395 Indian River County Sheriff Deryl Loar: Request for $32,427.16 from the
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
Law Enforcement Trust Fund be used to purchase equipment and support
programs
Recommended Action: Indian River County Sheriff Deryl Loar Recommends $32,427.16 from the Law
Enforcement Trust Fund be authorized to purchase equipment and support
programs and agencies as outlined in the request.
Attachments: Letter Dated April 5. 2017
Equipment Quote
Sheriff Deryl Loar informed the Board, that as of July 1, 2016, the amount of
forfeiture funds was reduced by an amendment to Florida Statute 932.7055, the
Florida Contraband Forfeiture Act.
A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to
approve the request of Sheriff Deryl Loar to expend $32,427.16 from the Indian River
County Sheriffs Law Enforcement Trust Fund to purchase equipment and support
the programs and agencies outlined in Sheriff Loar's letter of April 5, 2017. 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
10.A.1 17=0385 Prima Vista Corporation's Request for Abandonment of a Portion of
129th Avenue (now being 93rd Avenue) and a Portion of 130th Avenue
(now being 93rd Court) within the Paradise Park Unit No. 3 Subdivision
[ROWA-17-02-01 / 2002010153-78160] (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners abandon its rights
to the subject portions of rights-of-way and authorize the chairman to execute
the abandonment resolution.
Attachments: Staff Report
Application
Location Map
Aerial
Abandonment Resolution
Affadavit of Publication
Proof of Publication is on file in the Office of the Clerk to the Board
County Administrator Jason Brown announced that due to a clerical issue,
staff s recommendation was for the Board to hold the public hearing, and then
re -advertise this item for a future public hearing
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
The Chairman opened the public hearing; there were no speakers, and the
Chairman closed the public hearing.
No Action Taken or Required
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
1. 17-0309 Notice of Public Hearing for April 18, 2017: Florida Power & Light
Company's Request for Special Exception Use Approval for a Private
Heavy Utility (Blue Cypress Solar Energy Center) [SP -SE -17-04-06 /
2017030093-78598] (Quasi -Judicial)
Recommended Action: This notice of public hearing is provided for the Board's information. No action
is needed at this time.
County Attorney Dylan Reingold read the notice into the record.
No Action Taken or Required
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1 17-0386 Consideration of a Request For a Local Jobs Grant by a Target Industry
Company (Application #2017-1)
Recommended Action: The Economic Development Council and staff recommend that the Board of
County Commissioners: 1. Approve a local jobs grant of up to $49,000 for
Company, and 2. Authorize the chairman to sign the Jobs Grant Agreement for
Company after approval of the agreement by appropriate county staff and the
county attorney's office.
Attachments: Staff Report
Attachment 1 -Jobs Grant Application
Attachment 2 - Draft Jobs Grant Agreement
Attachment 3 - Portion of Draft Minutes March 28, 2017 EDC Meeting
Community Development Director Stan Boling gave a PowerPoint Presentation
to provide background and analysis on the Local Jobs Grant Program and to
confirm the qualifications of the Target Industry Company ("Company") for the
Grant. He announced that the applicant Company is in the Financial
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
Services Industry, and that they are expanding and putting a corporate office in
the County.
Vice Chairman O'Bryan led a brief discussion about the job creation threshold
for applicant companies, and Director Boling stated that staff would be trying to
simplify the reporting process.
Helene Caseltine, Economic Development Director, Indian River County
Chamber of Commerce, noted that the Company has been in town for four
years, and that the CEO anticipates having up to 100 employees over the next
five to seven years.
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
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
12.E.1 17-0388 Property/Casualty Insurance 2017-18
Recommended Action: Staff recommends that the Board approve the renewal and authorize staff to
bind coverage for May 1, 2017 through April 30, 2018 with a current annual
premium of $1,418,132 based upon the current schedule of values and coverage
selections, and approve the broker annual fee of $175,000.
Attachments: Staff Report
Gallagher recommendation
Management and Budget Director Michael Smykowski announced that the
County's Property and Casualty Insurance coverage renewal will begin on May
1, 2017. He provided a summary and analysis of the lines of coverage and
costs, and asked the Board to authorize staff to bind coverage with Arthur J.
Gallagher Risk Management Services, Inc. (AJG), for a total renewal premium
of $1,418,132. Also present was County Risk Manager Beth Martin.
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
Erica Connick, AJG representative, addressed questions from Commissioner
Zorc about flood coverage.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Solari, 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
F. Public Works
C. Utilities Services
12.6.1 17-0391 Phase 2 -Collier Creek Estates Subdivision and Phase 3 Harbor Point
Petition Water Assessment Project Status
Recommended action: Staff proposes the BCC consider the following options: 1. Do nothing since the
new assessment area lacks the super majority support. 2. Authorize the
Purchasing Manager to issue a Purchase Order for surveying work to Carter
Associates, Inc., direct staff to move forward with the design of Phases 2 and 3,
and submit the entire Collier Creek Estates and Harbor Point area for FDEP
permitting. 3. Approve Scenario 3. Direct staff to bring forth Resolution I and
II to the BCC at the April 18 or May 2, 2017 meeting. 4. Direct staff to work
with the point of contact to obtain the one additional vote for Scenario 4. In
order to adhere to the $6,250 per parcel cost, bring forth Resolution I and II for
adoption no later than the last BCC meetingin •n Ma3� 2017. Staff recommends
approval of Option 2 and 3 to be funded under Scenario 3.
Attachments: Staff Report
Collier Creek Estates Subdivision and Harbor Point
Subdivision -Scenario 5
Phase 2 -Collier Creek Estates Subdivision and Phase 3 -Harbor Point
Subdivision -Scenario 3
Phase 2A -Collier Creek Subdivision and Phase 3 -Harbor Point
Subdivision -Scenario 4
Carter and Associates. Inc. Surveying Proposal
Director of Utilities Services Vincent Burke recalled the Board's approval on
March 14, 2017 of Resolution 2017-028 (Confirming Resolution I11) for Utility
Phases 1, 1A, and 1B of the Collier Creek Estates Subdivision Petition Water
Assessment Project. He stated that under public comment at that meeting,
several residents requested that their properties be included in the water
assessment project. Director Burke gave a PowerPoint -Presentation to outline
five options for proceeding with the water assessment project, discussed the
percentages of property owners for each scenario, and recommended that the
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
Board approve to include in the water assessment project, the remaining parcels
in Collier Creek, and the Harbor Point Subdivision. Capital Projects Manager
Arjuna Weragoda was also present to address any of the Board's questions.
Vice Chairman O'Bryan stated that normally he would support sticking with the
66.7% minimum of property owners in favor, but in this particular case, it made
sense to complete the remainder of Collier Creek and add the Harbor Point
Subdivision.
Chairman Flescher supported going forward with the entire project.
Commissioner Zorc's question on project costs sparked a brief discussion, with
input from County Administrator Jason Brown and Commissioner Solari,
regarding whether or not in-house engineering costs were factored into the
overall project cost.
Russ Lemoi, Arega Street, expressed his appreciation to the Board for
considering adding the rest of Collier Creek to the water assessment project.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,
to: (1) authorize the Purchasing Manager to issue a Purchase Order for surveying
work to Carter Associates, Inc.; (2) direct staff to move forward with the design of
Phases 2 and 3, and submit the entire Collier Creek Estates Subdivision and
Harbor Point Subdivision for the Florida Department of Environmental Protection
(FDEP) permitting; and (3) direct staff to bring forth Resolution I (Preliminary
Assessment Roll) and Resolution II (Public Hearing) to the Board of County
Commissioners at the April 18 or May 2, 2017 meeting. 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
D. Commissioner Bob Solari
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Ernmency Services District
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Board of County Commissioners Meeting Minutes - Final April 11, 2017
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 11:25 a.m.
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Board of County Commissioners Meeting Minutes — Final April 11, 2017
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:
De uty Clerk
BCC/MG/2017 Minutes
l J • 1l ✓�` s. ir1•
o ep . Flesche , Chairman
:Q�
Approved: MAY 16 2017
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