HomeMy WebLinkAbout04/18/2017Indian 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 18, 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 April 18, 2017
1. CALL TO ORDER
ROLLCALL
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
Pastor Jeremy Rebman, First United Methodist Church
3. PLEDGE OF ALLEGIANCE
Jason E. Brown, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
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 17-0369 Presentation of Proclamation Designating the Month of April, 2017 as
Volunteer Appreciation Month
Recommended Action: Read and presented.
Attachments: Proclamation
Commissioner Adams read and presented the Proclamation to Volunteer Captain
Richard (Dick) Lutterman, representing the current 31 Cap (Road Patrol)
Volunteers. Also present were volunteers Kathy Allston, Lee Bowden, Eve
Carswell, Lewin Cocks, Donna Dobie, Jim Dobie, Mary Gilmartin, Michael Hyde,
Marge Lutterman, Rocco Margotta, Warren Miller, Ernie Poland, Rod Puleo, Ern
Sheppard, Michael Sherwood, Ken Simone, and Dan Thomas.
Sheriff Deryl Loar detailed the important services that local volunteers provide, and
expressed his appreciation for their valuable contributions to the community.
No Action Taken or Required
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
5.13 17-0400 Presentation of Proclamation Designating April 30th through May 6, 2017,
as Small Business Week in Indian River County.
Recommended Action: Read and Presented.
Attachments: Proclamation
Commissioner Solari read and presented the Proclamation to Helene Caseltine,
Economic Development Director, Indian River Chamber of Commerce.
Helene Caseltine explained the importance of small businesses in the County, and
provided information on resources that are available to provide training for start-up
businesses, entrepreneurs, and current business owners.
No Action Taken or Required
6. APPROVAL OF MINUTES
6.A 17-0421 Regular Meeting of March 21, 2017
Recommended Action: Approve
Attachments: 03212017 BCC
A motion was made by Commissioner Zorc, seconded by Commissioner Adams, to
approve the Regular Meeting Minutes of March 21, 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
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A 17-0426 Proclamation and Retirement Award Honoring Ray F. Jones on His
Retirement From Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Twenty -Six Years of
Service
Attachments: Service Award
Proclamation
Chairman Flescher congratulated Ray F. Jones on his retirement.
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
to approve the Consent Agenda, pulling Item 8.G. and Item 8.1. for discussion, as
amended. The motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
8.A 17-0418 Checks and Electronic Payments March 31, 2017 to April 6, 2017
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of March 31, 2017 to April 6, 2017
Attachments: Finance Department Staff Report
Approved
8.B 17-0419 Resolution Authorizing the Submittal of an Application to FDEP Requesting
an Easement for Utilities on State Owned Uplands under Lease by Indian
River County
Recommended Action: Adopt the resolution, and authorize the Chairman to execute same for submitting
with the application request to the Florida Department of Environmental Protection.
Attachments: Staff Report
Resolution
Application
Approved Resolution 2017-034, authorizing the submittal of an application to the
Florida Department of Environmental Protection requesting an easement for utilities
on state owned uplands under lease by Indian River County.
8.0 17-0420 Release and Satisfaction of Demolition Lien (Lot 13 and the South 1/2 of
Lot 14, Block H, Citrus Gardens)
Recommended Action: Authorize the Chairman to execute the Release and Satisfaction for forwarding to
the title company for recordation in the Public Records of Indian River County,
Florida.
Attachments: Staff Report
Release and Satisfaction
Approved staffs recommendation.
8.D 17-0390 Work Order No. 13 with KHA - Roseland Elevated Tank Conversion -UCP
Recommended Action: Staff recommends that the BCC approve Work Order No. 13 with Kimley-Horn and
Associates, Inc. (KHA), for the lump sum amount of $112,222.00, and authorize
the Chairman to execute the same, as presented.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Attachments: Staff Report
Work Order No. 13
Approved staffs recommendation.
8.E 17-0412 Contract with the Center for Urban Transportation Research (CUTR) at the
University of South Florida for Public Transportation Assistance
Recommended Action: Staff recommends that the Board of County Commissioners review the proposal for
assistance with the Procurement of Public Transportation Services prepared by the
Center for Urban Transportation Research (CUTR) and authorize staff to issue a
Purchase Order in the amount of $32,824 for Consultant Services.
Attachments: Staff Report
Attachment 1: Scope of Services
Approved staffs recommendation.
8.F 17-0413 Approval of a Public Transportation Supplemental Joint Participation
Agreement (SJPA) with the Florida Department of Transportation (FDOT) for
Section 5339 Public Transportation Capital Funds
Recommended action: Staff recommends that the Board of County Commissioners approve the Public
Transportation Supplemental Joint Participation Agreement and adopt the
resolution authorizing the Chairman to sign the agreement.
Attachments: Staff Report
Attachment 1: Resolution
Attachment 2: Supplemental Joint Participation Agreement
Attachment 3: Grant Budget Form
Approved Resolution 2017-035, authorizing the execution of a Public Transportation
Supplemental Joint Participation Agreement with the Florida Department of
Transportation.
8.G 17-0417 Agreement to Purchase Property for Stormwater Pollution Removal System,
Owner: Ellis Greene and Kathleen Greene & Janie E. Greene, 53rd Street,
Vero Beach, FL 32967
Recommended Action: Staff recommends the Board approve the Purchase Agreement for the properties
located along the North side of 53rd Street, East of 66th Avenue, Vero Beach, FL
and authorize the Chairman to execute the Purchase Agreement on behalf of the
Board.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Attachments: Staff Report
Stormwater Project Potential Properties Map
Stormwater Project Synopsis
Purchase Agreement - Janie Greene
Commissioner Zorc made reference to the ongoing Public Works Projects that were
developed in an effort to clean more water flowing into the Indian River Lagoon,
and suggested that the Indian River Farms Water Control District (IRFWCD)
should be involved earlier in the discussion process to better locate proper sites for
those projects.
Public Works Director Rich Szpyrka, with the assistance of Stormwater Engineer
Keith McCully, provided the Board with answers to their questions regarding the
involvement of IRFWCD and reviewed the process used for locating and
purchasing land necessary for a project.
A motion was made by Commissioner Zorc, 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
8.1-1 17-0424 Change Order No. 1 and Release of Retainage 87th Street and 91st Avenue
Sidewalk Improvements
Recommended Action: Staff recommends approval of Change Order No. 1, and payment of Application for
Payment No. 12 to Kerns Construction & Property Management Corporation, in the
amount of $53,686.64.
Attachments: Staff Report
Kerns Construction & Property Management Corporation Application for
Payment No. 12
Change Order No. 1
Approved staffs recommendation.
8.1 17-0427 Approval of Animal Shelter Services Agreement with Humane Society of
Vero Beach and Indian River County
Recommended Action: Staff recommends the Board award the agreement of Animal Shelter Services to the
Humane Society of Vero Beach and Indian River County.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Attachments: Staff Report
Committee Member Ranking Summary
Contract for Providing Animal Shelter Services 2017
Deputy County Attorney William DeBraal explained the additions to the contract
that were requested by the Humane Society.
A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, to
approve staffs recommendation, with the additions as requested by the Humane
Society. The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1 17-0411 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: Staff recommends that the BCC grant special exception use approval for a
private heavy utility facility (solar energy center) to be known as FPL Blue
Cypress Solar Energy Center with the following conditions: 1. Prior to site plan
release, the applicant shall provide a recorded unity of title that combines the
grove maintenance site with the adjacent parcel owned by West Vero Farms,
LLC. (Completed) 2. Prior to utilizing the approved project access route for
construction traffic, the applicant shall install the County required culvert
crossing improvements. 3. Prior to utilizing an alternative project access route,
the applicant shall: a. Obtain approval of any alternate project access route from
Public Works. b. Install the required improvements for any County culvert
crossings along the alternate route.
Attachments: Staff Report
Application
Excerpt from Draft 3-23-2017 PZC Minutes
Location Map
County Culvert Crossings Exhibit
Extended Roadway Grid Network Exhibit
Aerial
Site Plan
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD.
Each Commissioner, as requested by the Chairman, disclosed ex parte
communications, site visits, or independent investigations. They also affirmed
that they have an open mind and can base their decisions on the evidence
presented and the applicable law.
The Chairman opened the Public Hearing.
The Deputy Clerk administered the Oath to all persons who wished to speak at
the meeting.
Stan Boling, Community Development Director, provided a PowerPoint
Presentation detailing the special exception process, the overall location, the
site plan, and project access routes for the FPL Blue Cypress Solar Energy
Center. He clarified that the site plan does not include a sub -station; therefore,
landscaping requirements would not apply.
Attorney Bruce Barkett, representing Florida Power & Light (FPL), supported
staff s recommendations and mentioned the submission of a preliminary report
on the condition of the culverts. He stated that FPL would comply with any
determinations made by the Public Works Department with regards to the
report.
A short discussion ensued between the Board and Attorney Barkett about the
possible cumulative effects that a 74.5 megawatt solar energy center may have
in the future, the condition and ownership of the culverts, and if the
construction would interfere with the regular road grading maintenance
schedule.
Krista Hendricks, Solar Development Team, FPL, through a PowerPoint
Presentation, gave information on the location, the installation requirements,
and employment opportunities for the proposed solar energy center. She noted
that the solar energy center would be virtually silent, emit no light at night, and
that the solar panels sit quietly while harvesting emissions -free energy from the
sun. She stated that the site is capable of generating enough electricity annually
to power approximately 15,000 homes, and would help the State of Florida
meet emissions goals.
Bob Johnson, Coral Winds Subdivision, asked if FPL was tax exempt and what
the benefit to the citizens in the County would be. Along with input from the
Board and staff, Vice Chairman O'Bryan clarified that the exception was for
special use for zoning purposes, not for a tax exemption. He clarified further
that the facility would be placed on the tax roll at full value; would provide an
increase in Ad Valorem revenue; and that the benefit to the citizens would be a
reduced cost, zero -emissions energy source.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Mike Ziegler, 3375 12th St, representing WC Graves IV, adjacent landowner to
the proposed site, expressed his concern over the condition of 98th Avenue
south of 8th Street, the lack of signage, and the safety of drivers over the culvert
crossings. Mr. Ziegler requested additional assessments for the culvert crossings
and the roadway conditions to ensure the safety of the public.
Public Works Director Rich Szpyrka discussed the review of a recent e-mail
received regarding the engineer's study of the four culverts in question and
informed the Board that Mr. Ziegler's concerns would be considered as a part of
the standard right-of-way application review process.
Bob Johnson, Coral Winds Subdivision, suggested to table this decision until
the culvert issue has been resolved to Mr. Ziegler's satisfaction.
A lengthy discussion ensued between the Board, Attorney Barkett and Mr.
Ziegler regarding Mr. Johnson's request to table the matter. Attorney Barkett
objected to a continuance, and Chairman Flescher clarified that unless there
was a difference of opinion amongst the Board, the matter had been properly
vetted, and would be moving forward today with the ability for Mr. Ziegler to
have further discussions with the Public Works Department to have his
concerns heard.
The Chairman made inquiries to staff and FPL for any final arguments, moved
for the admission of all documentation into evidence, asked if any party had
questions or objections to the admitted evidence, and closed the Public Hearing.
A motion was made by Vice Chairman O'Bryan, 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. PUBLIC DISCUSSION ITEMS
103.1 17-0208 Request to Speak from Rob Volsky, The Church of Jesus Christ of
Latter -Day Saints, Regarding Ninth Annual Indian River County Day of
Service / JustServe.org
Recommended Action: Information Only
Attachments: Public Discussion Request Form
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Rob Volsky from The Church of Jesus Christ of Latter -Day Saints provided
information on the Ninth Annual Indian River County Day of Service scheduled
to take place on Saturday, April 22, 2017. He spoke about several volunteer
organizations, available volunteer opportunities, upcoming events, and provided
a short video about the website JustServe.org.
No Action Taken or Required
10.6.2 17-0415 Request to Speak from Fred Mensing Regarding All Aboard
Recommended Action: Information Only
Attachments: Public Discussion Request Form
Mr. Mensing was not present.
No Action Taken or Required
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
E. Office of Management and Budget
F. Public Works
12.F.1 17-0425 Award of Bid No. 2017034, CR512 Westbound Resurfacing (Roseland
Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1)
Recommended Action: Staff recommends the Board approve award to the lowest responsive and
responsible bidder, Timothy Rose Contracting, Inc. for $3,491,545.38. Staff
further recommends the Board authorize the Chairman to execute the
agreement upon review and approval of both the agreement and required public
construction bond by the County Attorney as to form and legal sufficiency, and
the receipt and approval of required insurance by the Risk Manager.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Attachments: Staff Report
Sample Agreement
Response to Ranger Protest
Public Works Director Rich Szpyrka recalled the meeting of March 22, 2016,
and provided background on the approval of a Small County Outreach Program
Grant from the Florida Department of Transportation (FDOT) for the
resurfacing of County Road 512. He detailed the review of three bids for the
project, one of which failed to meet the minimum qualifications established for
the award of the project. He stated that Ranger Construction Industries of Fort
Pierce, Florida, submitted a letter of protest to the award of the contract for the
project, but has since withdrawn their protest.
Director Szpyrka explained the construction process, the equipment involved,
and the special expertise required for the Full Depth Reclamation Process.
Commissioner Zorc made comments about the numerous complaints that he
received involving Timothy Rose Contracting, Inc., and their lack of safety
awareness while working on a recent project. He expressed his concerns about
how safety compliance and supervision would be handled on a larger scale
project, and that based on the amount of complaints that have been received
from the public about safety issues along the construction sites involving that
particular contractor, he would be inclined to not be in support of the award.
A motion was made by Commissioner Solari, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Solari
Nay: 1 - Commissioner Zorc
G Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A 17-0393 Consideration of a Mediated Settlement Agreement: Jenkins v. Indian
River County, Circuit Court Case No. 312014 CA 911
Recommended Action: Staff recommends that the Board approve the Mediated Settlement Agreement and
authorize the Chairman to execute any documents in furtherance of the agreement
on behalf of the Board.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Attachments: Staff Report
Aerial Photo
Mediation Agreement
Deputy County Attorney William DeBraal provided history and background
information on the pending Circuit Court Case between the Estates of William and
Carlyne Jenkins and Indian River County for property acquisition associated with
the construction of 53rd Street west of Old Dixie Highway and east of Waterway
Village. Attorney DeBrall informed the Board of the risk to the County if the case
had been taken to trial, and the successful mediation negotiations with the Jenkins
family. He suggested the Board approve the Mediated Settlement Agreement to cap
the County's exposure from a higher verdict and additional fees.
A short discussion ensued amongst the Board about the pending lawsuit, and any
additional costs that may be associated with the County's experts, engineers, and
attorneys that have not been reflected in the settlement. Commissioner Zorc
disclosed that he was familiar with the Jenkins family, as he used to play on their
property as a child, and suggested the consideration of other alternatives to save
taxpayer dollars to resolve the issue. The Board expressed appreciation for the
efforts made in bringing the situation to an amicable solution.
A motion was made by Commissioner Adams, seconded by Commissioner Zorc, 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
133 17-0414 Resolution Supporting Local Zoning Decisions Protection Act of 2017
Recommended action: The County Attorney's Office recommends that the Chair allow for public comment
on this matter and then have the Board vote whether to accept the resolution as
drafted or amend the resolution.
Attachments: Staff Report
Resolution Supporting Local Zoning Decisions Protection Act of 2017
County Attorney Dylan Reingold recalled the meeting held on April 4, 2017, where
the Board directed the County Attorney's Office to draft a Resolution in support of
the Local Zoning Decisions Protection Act of 2017. He explained that the Local
Zoning Decisions Protection Act of 2017 would nullify the Housing and Urban
Development's (HUD's) Final Rule entitled "Affirmatively Furthering Fair
Housing" (the "AFFH Rule") and eliminate the HUD Assessment Tool that is
required to be used by local governments, and also prevents the use of Federal
funds for the building of a Federal database that is used in affordable housing
considerations.
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Board of County Commissioners Meeting Minutes - Final April 18, 2017
Commissioner Solari noted that Indian River County supported the Fair Housing
Act itself, and felt that local planning, zoning and land use decisions should remain
with the County.
A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to
approve Resolution 2017-036, urging the United States Congress to pass and
President Donald Trump to sign the Local Zoning Decisions Protection Act of 2017;
and directing certified copies of this Resolution to be provided to various officials.
The motion carried by the following vote:
Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner
Solari, and Commissioner Zorc
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. Emergency 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 10:55 a.m.
Indian River County Florida Page 12
Board of County Commissioners Meeting Minutes — Final
ATTEST:
4 .1 ) -
Jeffrey.R. Smith, CPA, CGFO, CGMA eph
Clerk of Circuit Court nd Comptroller
By: Approved:
Dep y Clerk
BCC/SMG/2017 Minutes
April 18, 2017
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Flesc er, Chairman :� ;'o c
MAY 16 2017
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