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HomeMy WebLinkAbout08/15/2017 (2)Indian 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, August 15, 2017 MIIITMT� 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 Rhonda D. Zirkle, Deputy Clerk Board of County Commissioners Meeting Minutes - Final August 15, 2017 1. CALL TO ORDER 2. 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 Scott K. Blount, Associate Minister, Vero Christian Church In Pastor Blount's absence, Clerk of Circuit Court and Comptroller Jeffrey R. Smith offered the invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Move: Item 8.JJ. to be heard as Item 12.E.2. Pull for Discussion: Item 8.G., 8.P., 8.U., 8.PP. Move: Item 13.C. to be heard after Proclamations and Presentations 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. 17-0799 Presentation of Proclamation Designating the Day of September 11, 2017, as Florida Missing Children's Day Recommended Action: Read and Presented Attachments: Proclamation Commissioner Adams read and presented the Proclamation to Ms. Floy Turner, Retired Special Agent, Florida Department of Law Enforcement. Ms. Turner explained that Florida Missing Children's Day is held to remember Florida's missing children, to recognize the State's efforts in child protection and to educate Indian River County Florida Page 1 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Florida's citizens on child safety and abduction prevention. The website for the annual event held in Tallahassee is www.ftnedforg. Read and Presented 5.B. 17-0800 Presentation of Proclamation Designating the Month of` September as Suicide Awareness Month Recommended Action: Read and Presented. Attachments: Proclamation Commissioner Solari read and presented the Proclamation to Mrs. Cathy Cordeiro, Director of Operations, Suncoast Mental Health Center, along with two members of her staff, Sophia and Rebecca. To help raise suicide awareness, they have collaborated with the American Motorcycle Association to hold a motorcycle rally on September 16, 2017; and partnered with Martin Health System for their Annual World Suicide Prevention Symposium on September 29, 2017. Read and Presented 5.C. 17-0845 Presentation on Tunnel to Towers by Gina Kempf, Director, Tunnel to Towers Vero Beach Recommended Action: Gina Kempf, Director, Tunnel to Towers Vero Beach, invited the public to attend a walk/run event on September 9, 2017 at 7:30 a.m. at Riverside Park. She explained that this event is held annually to celebrate local heron providing service to the community and to remember those who lost their lives on September 11, 2011. Additional information can be found at www.tunnel2towers.org. Read and Presented 6. APPROVAL OF MINUTES 6.A. 17-0812 Regular Meeting of June 20, 2017 Recommended Action: Approve Attachments: 06202017BCC A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve the Regular Meeting Minutes of June 20, 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 Indian River County Florida Page 2 Board of County Commissioners Meeting Minutes - Final August 15, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. 17-0807 Commissioner Appointments of Members to the Development Review and Pen -nit Process Advisory Committee (District 2 - Commissioner Flescher, Chain-nan) Recommended Action: Informational Attachments: Commissioner Memorandum Carter S. D. Taylor Application 07132017 Joseph Paladin Application 07242017 No Action Taken or Required 7.B. 17-0818 Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 4 - Commissioner O'Bryan, Vice Chairman) Recommended Action: No action required Attachments: Commissioner's Memorandum Committee Application Banov Committee Application Redus No Action Taken or Required 7.C. 17-0873 Commissioner Appointments of Members to the Development Review and Pen -nit Process Advisory Committee (District I - Commissioner Adams) Recommended Action: Informational Attachments: Commissioner's Memorandum Robin Raiff Application (SAAPPO Debb Robinson No Action Taken or Required 7.D. 17-0877 Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 3 - Commissioner Zorc) Recommended Action: Informational Item Indian River County Florida Page 3 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Attachments: Commissioner's Memorandum James Wesley Mills Application Richard A Brown Application No Action Taken or Required 7. E. 17-0878 Commissioner Appointments of Members to the Development Review and Pen -nit Process Advisory Committee (District 5 - Commissioner Solari) Recommended Action: Informational Item Attachments: Commissioner's Memorandum Chuck Mechling Application John Blum Application 08042017 No Action Taken or Required 7Y. 17-0865 Update on All Aboard FL/Vero Electric Expenses Recommended Action: No Action Required Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses No Action Taken or Required 7.GL 17-0844 Florida Department of Agriculture and Consumer Services, Florida Forest Service, Indian River County 2017 Annual Fire Management Report Recommended Action: Informational Only. No Action Required. Attachments: Florida Forest Service 2017 Annual Report No Action Taken or Required 7.H. 17-0806 City of Fellsmere Notice of Intent to Adopt Ordinance 2017-19 to Annex +/- 9.92 acres located at 13875 and 13945 89th Street, south of Ditch 18 and the Garofalo Tract into the City of Fellsmere, said annexation requested by Gerald W Renick, as Trustee of the Gerald W Renick Revocable Trust (property owner) Indian River County Florida Page 4 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Recommended Action: The referenced annexation notification is provided for the Board's information, No action is needed at this time. Attachments: City of Fellsmere notice of intent to annex +/- 9.92 Acres No Action Taken or Required 7.1. 17-0862 Proclamation and Retirement Award Honoring Richard E. Ridge on His Retirement From Indian River County Board of County Commissioners Department of Emergency Service/Fire Rescue Division with Twenty -Five Years of Service Attachments: Proclamation Service Award Chairman Flescher thanked Richard E. Ridge for his twenty-five years of service. No Action Taken or Required 7J. 17-0816 Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2016 is on file for review in the Office of the Clerk to the Board. Recommended Action: Informational Only No Action Taken or Required 7.K. 17-0790 The Public Official Bond for the newly appointed Hospital Trustee Tracey L. Zudans has been received from Attorney Jennifer D. Peshke's office. The bond is on File in the Office of the Clerk to the Board. Recommended Action: For Information Only Attachments: Public Official Bond for Tracey L. Zudans No Action Taken or Required 7.L. 17-0781 Florida Public Service Commission- Consummating Order PSC -0265 -CO -El makes Order PSC -17 -0229 -IRF -EI effective and final; docket to be closed. In re: Petition for approval of revisions to tariff sheet Nos. 4.070 and 4.080, deposit requirements and customer billing, by Duke Energy Florida, LLC. Is on file for review in the office of the Clerk to the Board, Recommended Action: Informational Only Indian River County Florida Page 5 Board of County Commissioners Meeting Minutes - Final 7.M. 17-0782 Recommended Action: No Action Taken or Required August 15, 2017 Florida Public Service Commission -Consummating Order PSC -2017 -0264 -CO -El makes Order PSC -17 -0230 -TRF -El e5ective and final; docket shall be closed. In re: Petition for approval of revised customer security deposit tariff sheets, by Florida Power & Light Company. Is on file for review in the office of the Clerk to the Board. Informational Only No Action Taken or Required 7X 17-0792 Florida Public Service Commission- Order No. PSC -2017 -0278 -PAA -EQ In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. Is on file for review in the office of the Clerk to the Board. Recommended Action: Informational Only. No Action Taken or Required 7.0. 17-0797 Florida Public Service Commission- Order No. PCS -2017 -0283 -TRF -El In re: Petition for approval of revised underground residential distribution tariff's, by Duke Energy Florida, LLC. Is on file for review in the office of the Clerk to the Board. Recommended Action: Informational Only No Action Taken or Required 7.P. 17-0861 Florida Public Service Commission - Order No. PSC -2017 -0316 -PCO -El In re: Petition for determination under Rule 25-6.115, F.A.C., and approval of associated revised tariff sheet 6.300, by Florida Power & Light Company is on file for review in the Office of the Clerk to the Board. Recommended Action: Informational Only No Action Taken or Required 7.Q. 17-0826 Indian River County Venue Event Calendar Review Indian River County Florida Page 6 Board of County Commissioners Meeting Minutes - Final Recommended Action: This is an informational item only, no Board action is required Attachments: Staff Report No Action Taken or Required 8. CONSENT AGENDA August 15, 2017 As previously explained in Additions/Deletions, Item 8.JJ. was moved to be heard as Item 12.E.2. Commissioner Zorc asked that Item 8.P. be pulled for discussion. Vice Chairman O'Bryan asked that Item 8.G., Item 8.U. and Item 8.PP. be pulled for discussion. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, to approve the Consent 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 8.A. 17-0789 Checks and Electronic Payments July 7, 2017 to July 13, 2017 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 7, 2017 to July 13, 2017 Attachments: Finance Department Staff Report Approved the list of checks and electronic payments as supplied by the Comptroller's office. Approved staffs recommendation 8.B. 17-0796 Checks and Electronic Payments July 14, 2017 to July 20, 2017 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 14, 2017 to July 20, 2017 Attachments: Finance Department Staff Report Approved the list of checks and electronic payments as supplied by the Comptroller's office. Approved staffs recommendation 8.C. 17-0811 Checks and Electronic Payments July 21, 2017 to July 27, 2017 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's Indian River County Florida Page 7 Board of County Commissioners Meeting Minutes - Final August 15, 2017 for the time period of July 21, 2017 to July 27, 2017 Attachments: Finance Department Staff Report Approved the list of checks and electronic payments as supplied by the Comptroller's office. Approved staffs recommendation 8.D. 17-0841 Checks and Electronic Payments July 28, 2017 to August 3, 2017 Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's office for the time period of July 28, 2017 to August 3, 2017 Attachments: Finance Department Staff Report Approved the list of checks and electronic payments as supplied by the Comptroller's office. Approved staffs recommendation 8.E. 17-0776 Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund Report through 06/30/17 Recommended Action: Accept the report Attachments: Finance Department Staff Report Approved staffs recommendation B.F. 17-0859 Quarterly Investment Report for Quarter Ending 06/30/17 Recommended Action: Accept the Quarterly Investment Report Attachments: Finance Department Staff Report Approved staffs recommendation 8.a 17-0860 Quarterly OPEB Trust Report for the Quarter Ending 06/30/17 Recommended Action: Accept the Quarterly OPEB Trust Report Attachments: Finance Department Staff Report Vice Chairman O'Bryan inquired to Clerk of Circuit Court and Comptroller Jelfrey R. Smith about the Post Employment Trust Benefits allocations, noting that the account balances were very close to exactly where they needed to be. Mr. Smith Indian River County Florida Page 8 Board of County Commissioners Meeting Minutes - Final August 15, 2017 explained that the Investment Advisory Committee looked at the allocations, then used the new money being deposited to keep the accounts balanced. 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 8.H. 17-0872 Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/17 Recommended Action: Accept the Quarterly Tourist Development Tax Report Attachments: Finance Department Staff Report Approved staffs recommendation 8.1. 17-0858 Change in Investment Policy Recommended Action: Accept the investment policy changes Attachments: Finance Department Staff Report Approved staffs recommendation 8J. 17-0881 Nationwide Service Administration Contract Recommended Action: Approve the Nationwide Services Agreement with a term of five years with two optional 2 -year extensions. Give approval to the County Attorney's office to schedule a public hearing revising Section 104.05 Deferred Compensation of the Indian River County Code of Ordinances. Attachments: Finance Department Staff Report Nationwide Contract Final 8-8-17 Approved staffs recommendation 8.K. 17-0852 Out of State Travel to Washington, D.C. Related to All Aboard Florida (Brightline) Recommended Action: Approval for Commissioners and/or staff to attend meetings, sessions, or hearings in Washington, D.C. as determined necessary in relation to All Aboard Florida (aka Brightline). Attachments: Staff Report Indian River County Florida Page 9 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Approved staffs recommendation 8.L. 17-0887 Purchase of Right -of -Way from Lockwood Lane Development Group, LLC for 27th Avenue/17th Street SW Intersection Improvements Recommended Action: Staff recommends the Board approve the Agreement to Purchase and Sell Real Estate between Indian River County and Lockwood Lane Acquisition Group, LLC for the right-of-way lbr the l7th Street SW/27th Avenue intersection and authorize the Chairman to execute any documents necessary to close the purchase of the property. Attachments: Staff Report Exhibits A and B Agreement to Purchase and Sell Real Estate Approved staffs recommendation 8.M. 17-0791 Approval of 2017/2018 State Funded Subgrant Agreement To Update Indian River County's Hazards Analysis Recommended Action: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. Attachments: Staff Report Hazardous Analysis Grant Agreement Grant Form Approved staffs recommendation 8. N. 17-0794 Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2017/18 Recommended Action: Staff recommends that the Board of County Commissioners adopt the resolution authorizing the filing of the FY 2017/18 Section 5311 grant application. Attachments: Staff Report Grant Application Budget Form Approved Resolution 2017-075, authorizing the submission of a FY 2017/18 grant application for 49 USC Ch. 53, Section 5311 Public Transit Operating Assistance. Indian River County Florida Page 10 Board of County Commissioners Meeting Minutes - Final August 15, 2017 8.0. 17-0795 Acceptance of Drainage and Maintenance Easement from River Club At Carlton Community Association, Inc. Recommended Action: Accept the perpetual, non-exclusive 20 -foot Easement for drainage and maintenance from River Club At Carlton Community Association, Inc. and authorize the Chairman of the Board of County Commissioners to execute the County's acceptance on the Easement for recordation in the Public Records of Indian River County, Florida. Attachments: Staff Report Easement Approved staffs recommendation 8.R 17-0798 Award of Bid No: 2017060 Go -Line Bus Turn -Off CR 510 (90th Avenue) Recommended Action: Staff recommends that the project be awarded to Cathco, Inc., in the amount of $137,691.05 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 Commissioner Zorc supported the use of the existing right-of-way on 90th Avenue, and thanked staff for their efficiency on this matter. A motion was made by Commissioner Zorc, 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.Q. 17-0803 Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Randy and Diane Lott - 7425 66th Avenue, Vero Beach, FL 32967 Recommended Action: Staff recommends the Board approve the Purchase Agreement for the property located at 7425 66th Avenue, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. Attachments: Staff Report Original Purchase Agreement Approved staffs recommendation Indian River County Florida Page 11 Board of County Commissioners Meeting Minutes - Final August 15, 2017 8.R. 17-0804 Consideration of the Indian River County SHIP Program 2017 Annual Report Recommended Action: Staff recommends that the Board Of County Commissioners approve the Sl JIP 2017 annual reports and authorize the Chairman to sign the Certification form. Attachments: Staff Report SHIP Funds and Applicants Information Summar SHIP Annual Report for FY 2014-2015 (final Closeout report) SHIP Annual Report for FY 2015-2016 (Interim report) SHIP Annual Report for FY 2016-2017 (interim report) SHIP Annual Report Certification Form Approved staffs recommendation 8.S. 17-0810 Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "E" Certificate of Public Convenience and Necessity for the Senior Resource Association, to be effective for a period of two (2) years from October 2, 2017 to October 2, 2019. Attachments: Staff Report Senior Resource Association COPCN Application COPCN Certificate Approved staffs recommendation 8.T. 17-0817 Miscellaneous Budget Amendment 021 Recommended Action: Staff recommends that the Board of County Commissioners approve the budget resolution amending the fiscal year 2016/2017 budget Attachments: Staff Report Final Budget Resolution ba 021 year ending Exhibit A Approved Resolution 2017-076, delegating authority to the County Administrator, the Assistant County Administrator or the Director of the Office of Management & Budget or their Designee to execute all documents necessary to amend the Fiscal Year 2016-2017 Budget during the period commencing November 15, 2017, through and including November 30, 2017. Indian River County Florida Page 92 Board of County Commissioners Meeting Minutes - Final August 15, 2017 8.U. 17-0876 Miscellaneous Budget Amendment 022 Recommended Action: Staff recommends that the Board of County Cominissioners approve the budget resolution amending the fiscal year 2016/2017 budget. Attachments: Staff Report 2016 2017 Resolution Exhibit "A" BA 022 Regarding the Intergenerational Facility, Vice Chairman O'Bryan commended the recreational staff for their hard work and enthusiasm, acknowledging that there were many weekly activities/programs being utilized by the community, and that future events, including proms, have also been booked. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve Resolution 2017-077, amending the Fiscal Year 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 8.V. 17-0819 Sea Turtle Education Grant - Darker Skies Darker Beaches Recommended Action: Staff recommends the Board approve the Darker Skies Darker Beaches education program grant with Inwater Research Group and authorize the Chairman to sign the Agreement on behalf of the County. Attachments: Staff Report Sea Turtle Educational Grant application Grant acceptance instructions Grant Consent Form IRC Grant Form Approved staffs recommendation 8W 17-0820 Approval of Work Order No. AA -1 With Anderson Andre Consulting Engineers, Inc. for Construction Material Testing and Monitoring Services for Osprey Acres Floway and Nature Preserve Recommended Action: Staff recommends the Board of County Commissioners approve Work Order No. AA -1 with Anderson Andre Consulting Engineers, Inc. and authorize the Chairman to execute the Work Order on behalf of the County. Indian River County Florida Page 13 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Attachments: Staff Report Osprey Acres Andersen Andre Work Order AA -1 Osprey Acres Andersen Andre Exhibit A Approved staffs recommendation B.X. 17-0821 Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options Recommended Action: Staff recommends that the Board of County Commissioners direct staff to submit a notification letter to the state indicating that the Board has determined that: 1. Consistent with Florida Statutes Section 163.3178 the county's Coastal Management Element and any other elements, as necessary, will be revised within one year of notification to contain specific information and policies related to sea level rise, and, 2. No other amendments to the Comprehensive Plan are needed to reflect changes made to state requirements since the last comprehensive plan update. Attachments: Staff Report BCC staff report for March 7, 2017 meeting Minutes from 3-7-17 BCC meeting Staff letter to DEO dated March 7, 2017 DEO Letter to the County dated March 16, 2017 Section 163.3178, Florida Statutes on Coastal Mana-gement Element Component Approved staffs recommendation 8.Y. 17-0822 Recommendation to Delay Construction of the Reinforced Concrete Wall Sawing and Duperon FlexRake Rehabilitation at PC Main Screening System and Reissuance of Bond Recommended Action: Staff recommends the Board approve delaying the Work until February 2018 and releasing Costello Brothers Marine Construction, Inc.'s existing Public Construction Bond, and allowing it to provide a new Public Construction Bond at an appropriate time before commencing construction in February 2018. Attachments: Staff Report Construction Delay Bond Letter - Liberty Surety First Costello Bros Extension of Agreement Approved staffs recommendation 82. 17-0823 Work Order No. 3, Masteller & Moler, Inc., 64th Avenue Sidewalk Project — Wabasso Indian River County Florida Page 14 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Recommended Action: Staff recommends approval of Work Order No. 3 with Masteller & Moler, Inc. authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 3 on their behalf for a total lump sum amount of $21,435.00. Attachments: Staff Report 64th Avenue Sidewalk - Masteller Moler Work Order 3 Approved staffs recommendation 8.AA. 17-0824 Gifford Neighborhood 45th Street Beautification Project Phase 11, Work Order No. 14, Kimley-Horn & Associates, Inc. Recommended Action: Staff recommends approval of Work Order No. 14 to Kimley-Horn & Associates, Inc., authorizing the professional services as outlined in the Scope of Services (Exhibit A) and requests the Board authorize the Chairman to execute Work Order No. 14 on their behalf for a lump sum amount of $85,495.00. Attachments: Staff Report 45th Street Beautification Project, Kimley-Horn Scope of Services Approved staffs recommendation 82B. 17-0830 Approval of Work Order No. S- I With CivilSury Design Group, Inc. for Topographic Survey Services for the Proposed North Relief Canal Stormwater Treatment Facility Recommended Action: Staff recommends the Board of County Commissioners approve Work Order No. S- I with CivilSery Design Group, Inc. and authorize the Chainnan to execute the Work Order on behalf of the County. Attachments: Staff Report North Relief Canal - Work Order No. S-1 CivilSury Design Group Approved staffs recommendation 8.CC. 17-0831 Stabilized Material Purchase Order Increase Beyond County Administrators Approval Limit Recommended Action: Staff recommends approval of increasing the Purchase Order by $25,000 to a total of $75,000. Indian River County Florida Page 15 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Approved staffs recommendation 8.DD. 17-0834 1 -Year Renewal of Lease for North County Offices August 15, 2017 Recommended Action: Staff recommends the Board approve the lease renewal rates as proposed for the North County Offices and authorize the Chairman to execute the Lease Renewal Agreement. Attachments: Staff Report One Original Lease Renewal Agreement Approved staffs recommendation 8.EE. 17-0835 Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park - Final Pay, Release of Retainage and Change Order No. 6 Recommended Action: Staff recommends approval of Change Order No. 6, and payment of Application for Payment No. 20 to Fast Construction, LLC in the amount of $493,491.61 for final payment and release of retainage. Attachments: Staff Report Contractor's Application for Payment No. 20 Change Order No. 6 Approved staffs recommendation 8.FF. 17-0836 Request for Approval of Circus Pages License Agreement for Use of the Indian River County Fairgrounds for Event on September 8, 2017 Recommended Action: Staff respectfully requests that the Board approve the Indian River County Fairgrounds License Agreement with authorization for Chairman to sign on behalf of the Board of County Commission. In addition, staff respectfully requests that the Board authorize the Assistant County Administrator to execute agreements for future circuses so long as such agreements are substantially similar to the attached agreement and has the signature of the County Attorney, or his designee, approving such document as to form and legal sufficiency. Indian River County Florida Page 16 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Attachments: Staff Reports 2017-09-08 CircusPages License Agreement Pkg. Approved staffs recommendation 8.GG 17-0837 Final Payment to Parkson Corporation for Bid #2016037 Headworks Screen and Compaction Equipment Refurbishment Recommended Action: Staff recommends that the Board of County Commissioners approves Final Payment to Parkson Corporation in the amount of $18,921.95. Attachments: Staff Report Invoice AR1 -51017393 from Parkson Corporation Approved staffs recommendation 8.HH. 17-0838 Final Pay and Release of Retainage to Ham R/O Systems, Inc., for Membrane Replacement for RO Skids at North County RO Water Treatment Plant, Bid No. 2016025 Recommended Action: Staff recommends that the Board of County Commissioners approve the Final Pay Application No. 10 in the amount of $56,032.69, which will release retainage to Ham R/O Systems, Inc. Attachments: Staff Report Final Pay Application Approved staffs recommendation 8.11. 17-0840 Esri ArcGIS Server License Additions Recommended Action: Staff requests that the Board of County Commissioners approve the expenditure and authorize staff to create a Purchase Order to the associated vendor. Attachments: Staff Report Esri Vendor Quote #20510635 Approved staffs recommendation 8.JJ. 17-0842 Recommended Selection of Consultants for RFQ 2017053 - Continuing Environmental and Biological Support Services for Engineering Projects Recommended Action: Staff recommends the Board approve the committee's final ranking and authorize Indian River County Florida Page 17 Board of County Commissioners Meeting Minutes - Final August 15, 2017 negotiations with the four top ranked fin -ns (and the Subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. Attachments: Staff Report FEC Formal Protest Letter Response to FEC Protest (Clerk's Note: This item was heard following the recess as Item 12.E.2. and is placed here for continuity. Commissioner Adams was absent.) Purchasing Manager Jennifer Hyde explained the process used to select consultants for the Continued Environmental and Biological Support Services, confirming that eight (8) fin-ris applied, and that 1bur (4) fin -ns were ultimately awarded contracts. She mentioned that prior to the selection process, the selection committee decided that based on workload, there would not be a need for more than four (4) consulting firms. Tim Maslin, President, Florida Environmental Consulting, Inc., 1835 20th Street, detailed his protest and expressed disappointment, as his firm had missed the cut for the second time. Discussion ensued amongst the Board; however, it was deten-nined that the selection committee was fair in their actions. A motion was made by Commissioner Solari, seconded by Chairman Flescher, by a 4-0 vote (Commissioner Adams absent), to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Solari, and Commissioner Zorc Absent: I - Commissioner Adams 8.KK. 17-0886 Developer Agreement For The Installation Of The Offsite Water Main and Sewer Lines to Lost Tree Preserve Recommended Action: Staff recommends approval of the Developer's Agreement with Lost Tree Preserve, L.L.C., and authorize the Chain-nan to execute the Developer's Agreement on their behalf. Indian River County Florida Page 18 Board of County Commissioners Meeting Minutes - Final Attachments: Staff Report Lost Tree Preserve Developers Agreement Approved staffs recommendation August 15, 2017 8.LL. 17-0849 Round Island Riverside Park Pavement Resurfacing Release of Retainage and Change Order No. I Recommended Action: Staff recommends approval of Change Order No. I and payment of Application for Payment No. 2 to Community Asphalt Corporation in the amount of $11,386.88 for release of retainage. Attachments: Staff Report Contractor's Application for Payment No. 2 Change Order No. 1 Approved staffs recommendation &M 17-0853 Award of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2017057) Recommended Action: Staff recommends the Board award the bid as follows: Group I to DraftPros, LLC, dba DraftPros, Inc. and Gerelcom, Inc.; Group 2 to Danella, Inc., Group 3 to DraftPros, LLC, dba DraftPros, Inc. and Gerelcom, Inc.; and, Group 4 to Universal Cabling Systems, Inc. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency. Finally, staff recommends the Board authorize the Purchasing Division to issue Purchase Orders for work as needed under this award and authorized within the sample agreement. Attachments: Staff Report Sample Agreement Approved staffs recommendation 8.NN. 17-0866 Benefits Consultant/Broker/Actuary Services - Approval of Consulting Services and Business Associate Agreements with Lockton Companies effective October 1, 2017 Recommended Action: Staff Recommends and Respectfully Requests the Board of County Commissioners Approve the Consulting Services and Business Associate Agreements with Lockton C) Indian River County Florida Page 19 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Companies effective October 1, 2017, and Authorize the Chair to Sign once the Agreements have been Reviewed and Approved by the County Attorney. Attachments: Staff Report Business Associate Agreement - Draft - Lockton Service Agreement - Draft - Lockton Approved staffs recommendation 8.00. 17-0867 Second Renewal and Extension of License Agreement for Ryall Tract Recommended Action: Staff recommends that the Board authorize the Chairman to sign the Second Renewal and Extension of License Agreement between Indian River County and the Deputy to provide for the extension of the Agreement until June 2018. Attachments: Staff Report Second Renewal and Extension of License Agreement Approved staffs recommendation 8.PP. 17-0868 Locally Funded Agreement with the Florida Department of Transportation for Relocation Expenses for Mark's Mobil, Mermaid Carwash and Harbora Parcels Recommended Action: Staff recommends the Board of County Commissioners approve the Locally Funded Agreement with the Florida Department of Transportation for Relocation Expenses for Mark's Mobil, Mermaid Carwash and Harbora parcels and approve the accompanying Resolution authorizing the Chairman to execute the Agreement on behalf of the Board. Attachments: Staff Report Locally Funded Agreement with FDOT Authorizing Resolution Vice Chairman O'Bryan voiced his concerns regarding future right-of-way property acquisitions and the costs involved, particularly when the Florida Department of Transportation (FDOT) becomes involved and State or Federal mandates apply. He understood that nothing could be done about the relocation fees that the County must pay for Mark's Mobil, Mermaid Carwash and the Harbora Parcels, but expressed interest in having staff adopt a policy for future acquisitions. Deputy County Attorney William DeBraal provided clarification, explaining that there was a cap on relocation fees, which only applied if the entire property was taken and the property owner relocates. He also noted that the County would save on attorney fees and half the acquisition fees when the FDOT was involved. Indian River County Florida Page 20 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Commissioner Zorc agreed with the frustrations of the process, and offered to add this topic to the Legislative Priorities discussion list. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve the Locally Funded Agreement, and to approve Resolution 2017-078, authorizing the Chairman's execution of a Locally Funded Agreement with the Florida Department of Transportation for Relocation Expenses for Mark's Mobil, Mermaid Carwash and Harbora Parcels for the 43rd Avenue/State Road 60 Project. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 8.QQ. 17-0869 Three Party Escrow Agreement between the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County for Right -of -Way Acquisition, Demolition and Relocation Assistance for the SR 60/43rd Avenue Project Recommended Action: Staff recommends the Board of County Commissioners approve the Three Party Escrow Agreement between the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County for Right -of -Way acquisition, Demolition and Relocation Assistance for the SR 60/43rd Avenue Project and approve the accompanying Resolution authorizing the Chairman to execute the Agreement on behalf of the Board. Attachments: Staff Report Three Party Escrow Agreement Authorizing Resolution Approved Resolution 2017-079, authorizing the Chairman's execution of a Three Party Escrow Agreement with the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County for Right -of -Way Acquisition, Demolition and Relocation Assistance for the SR 60/43rd Avenue Project. 8.RR. 17-0871 Subordination of County Utility Easements to the Florida Department of Transportation, for the SR 60/43rd Avenue Project Recommended Action: Staff recommends the Board of County Commissioners approve the Subordination of County Utility Easements for the Florida Department of Transportation, for the SR 60/43rd Avenue Project and approve the accompanying Resolution authorizing the Chairman to execute the Subordination on behalf of the Board. Indian River County Florida Page 21 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Attachments: Staff Report Subordination Agreement Authorizing Resolution Approved Resolution 2017-080, authorizing the Chairman's execution of a Subordination of County Utility Easements for the Florida Department of Transportation for the 43rd Avenue/State Road 60 Project. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A.1. 17-0855 Indian River County Sheriff Deryl Loar: Request for transfer of $25,035.45 from the forfeiture of real or personal property for the purchase of aviation survival equipment, video capture kit for helicopter flashback system, and a video capture system for interview room in accordance with Florida Statute 932.7055 - Florida Contraband Forfeiture Act. Recommended Action: Approve the transfer of $25,035.45 from the forfeiture of real or personal property for the purchase of aviation survival equipment, video capture kit for helicopter flashback system, and a video capture system for interview room in accordance with Florida Statute 932.7055 - Florida Contraband Forfeiture Act. Attachments: Letter Dated August 1, 2017 A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams, to approve Sheriff Deryl Loar's request for the transfer of $25,035.45 from the forfeiture of real or personal property for the purchase of aviation survival equipment, video capture kit for helicopter flashback system and a video capture system for interview room in accordance with Florida Statute 932.7055 - Florida Contraband Forfeiture Act. 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. 17-0802 Medical Marijuana Ordinance (Legislative) Recommended Action: The County Attorney's Office recommends that the chair open the public hearing and take any public comment and then vote to approve the draft ordinance. Attachments: Staff Report Draft Medical Marijuana Ordinance Indian River County Florida Page 22 Board of County Commissioners Meeting Minutes - Final August 15, 2017 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (Clerk's Note: This item was heard following the Executive Session Items II.A. & II.B.) County Attorney Dylan Reingold communicated the history leading up to the drafting of the ordinance, as it would ban medical marijuana treatment dispensaries (Dispensaries) in the unincorporated areas of the County. He explained that the City of Sebastian has indicated that it intends to allow Dispensaries, and that the City of Vero Beach, although planning to prohibit Dispensaries, has grandfathered in one previously approved location. Commissioner Solari explained that he would like to have the Community Development Department track the concerns brought to their attention. In addition, he suggested that the Board revisit this one year from the date the Dispensaries open to see if the plan is working in the best interest of the citizens. Commissioner Adams and Chairman Flescher were in agreement. Attorney Reingold explained that the County Attorney's office would also be following this topic at the Legislative Sessions in Tallahassee and would return to the Board with updates. The Chairman opened the Public Hearing. Walter Geiger, 7000 20th Street, Lot 900, supported the allowing of multiple Dispensaries within the County. He read a publication from an AARP Bulletin dated January -February 2017, which supported the possible benefits of Medical Marijuana being used for various health reasons. Joseph Cassano, 1939 Sunset Dr SW, spoke in support of the availability of Medical Marijuana, opposing the banning of Dispensaries within the unincorporated areas of the County. Kim Brady, on behalf of the Substance Awareness Center, 1507 20th Street, thanked the Board for their efforts in controlling the location of the Dispensaries. A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, to adopt Ordinance 2017-010, amending Chapter 306 of the Code of Indian River County entitled "Miscellaneous Offenses and Programs" to create Section 306.15 "Medical Marijuana Treatment Center Dispensing Facilities Prohibited" and amending Chapter 315 of the Code of Indian River County entitled "Indian River County Pain Management Clinic and Controlled Substance Ordinance" to eliminate regulations and prohibitions of certain activities relating to Medical Marijuana; and providing for severability, codification and an effective date. 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 Florida Page 23 Board of County Commissioners Meeting Minutes - Final B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. 17-0863 Executive Session Time Certain - 10:00 a.m.: IAFF Local 2201 Recommended Action: An executive session will be held at 10:00 a.m. on August 15, 2017 Attachments: Staff Report August 15, 2017 The Chairman read into the record the opening remarks of the Executive Session requested for 10:00 a.m. Those in attendance were Commissioners Joseph E. Flescher, Susan Adams, Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; John King, Emergency Services Director; Brian Burkeen, Emergency Services Assistant Chief; Michael Smykowski, Director of Management and Budget; and Jason E. Brown, County Administrator. No Action Taken or Required 113. 17-0864 Executive Session: Teamsters Local 769 (Will Follow Immediately after completion of Executive Session: IAFF Local 2201) Recommended Action: An executive session will be held immediately following the IAFF executive session scheduled at 10:00 a.m. on August 15, 2017 Attachments: Staff Report The Chairman read into record the opening remarks of the Executive Session requested to immediately follow Item 11.A., scheduled for 10:00 a.m. Those in attendance were Commissioners Joseph E. Flescher, Susan Adams, Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; Michael Smykowski, Director of Management and Budget; and Jason E. Brown, County Administrator. The Board reconvened in the Chambers at 10:35 a.m., and the Chairman closed the Executive Session. The County Commission meeting resumed with Item 10.A.1. No Action Taken or Required 11.C. 17-0847 Sale of Indian River County Annex Building a/k/a Old Library 1028 20th Place, Vero Beach, Florida 32960 Recommended Action: Staff recommends the Board approve the sale of the Annex Building to Youth Indian River County Florida Page 24 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Guidance and authorize the Chairman to execute the Agreement to Purchase and Sell Real Estate. Attachments: Staff Report Agreement to Purchase and Sell Real Estate Resolution County Administrator Jason Brown explained the Purchase and Sell Real Estate Agreement, drafted for the sale of the Indian River County Annex Building, a.k.a. the Old Library, to the Youth Guidance Donation Fund of Indian River County, Inc. (Youth Guidance). He remarked that there was an addendum to the Agreement, drafted in order to include some miscellaneous furniture being included in the sale. Deputy County Attorney William DeBraal used a PowerPoint Presentation to disclose the inventory included in the addendum. Commissioner Solari wished continued success to Youth Guidance, as they provide valuable programs within the community. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to: (1) approve Resolution 2017-081, finding that the sale of the Old Library property is in the best interests of the citizens of Indian River County, Florida; and (2) execute the Purchase and Sell Real Estate Agreement with the Youth Guidance Donation Fund of Indian River County, Inc., with the addition of the Addendum. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc .12. DEPARTMENTAL MATTERS A. Community Development 12.A.I. 17-0814 Request for Authorization to Develop an Agreement with Pulte Homes for Improvements to 58th Avenue Recommended Action: Staff recommends that the Board of County Commissioners authorize staff to develop an agreement with Pulte Homes to design and construct an extension to the 58th Avenue widening project from 53rd Street to 57th Street, and for said agreement to be considered by the Board at a future date. Attachments: Staff Report The Lakes at Waterway Village Consultant Proposal for 58th Avenue Widening Proiect Extension Proposed 58th Avenue Widening Conceptual Plan Graphic for Extended Proiect Limits Indian River County Florida Page 25 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Community Development Director Stan Boling used a PowerPoint Presentation to describe the area involved in the improvements to 58th Avenue, as Pulte Homes, Inc. is committed to making four (4) lanes from 49th Street to 53rd Street. He explained that, as a result of new residential developments in the vicinity already initiated, staff is recommending a widening extension to the north, across the North Relief Canal, proceeding to 57th Street. Commissioner Adams thanked staff for bringing this item forward, and noted that traffic constraints in the area were already present. 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 12.A.2. 17-0839 Request to Consider Establishing an Exception to Cut and Fill Balance Requirements for Commercial/Industrial Development in Flood Hazard Areas Recommended Action: Staff recommends that the Board of County Commissioners re -affirm the policy of maintaining a CRS classification of "6,"consider the provided information, and provide direction to staff regarding the requested cut and fill balance exception. Attachments: Staff report Attachment : Poppell property location ma Attachment 2: LDR Subsection 930.07(2)(i) Attachment 3: Draft proposed LDR revision Attachment 4: FEMA compensatory storage information Attachment 5: CRS classification information Attachment 6: Comprehensive Plan policies Community Development Director Stan Boling presented a request received from Ralph Poppell, commercial property owner, to establish an exception to the requirements for cut and fill balances in flood hazard areas. Mr. Poppell would like to fill a 1/2 acre pond at his commercial/industrial property located at 1931 98th Avenue. Discussion ensued amongst the Board, Environrnental Planning & Code Enforcement Chief Roland DeBlois, and Director Boling as to whether allowing for the exception would affect the County's flood insurance premiums. Due to the fact that it was a small area, it was decided to approve a minor code amendment to allow Mr. Poppell to move forward with the project. In addition, the Board concluded that evaluating the entire process would be beneficial in handling future requests. Ralph Poppell, 525 34th Avenue SW, communicated the reasoning behind his request, along with his knowledge regarding elevation in the Vero Beach area. Indian River County Florida Page 26 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Bob Johnson, Coral Wind Subdivision, and Joseph Paladin, President, Atlantic Coast Construction Builders and Black Swan Consulting, both spoke in support of the Board's decision regarding this matter. A motion was made by Commissioner Solari, seconded by Chairman Flescher, to: (1) approve the requested minor code amendment to the Land Development Regulations (LDR) County Code Subsection 930.07(2)(i); and (2) direct staff to evaluate the process and report back at a future meeting. 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. 17-0882 Indian River County Travel Policy Recommended Action: Staff recommends that the Board approve the proposed Indian River County Travel Policy and incorporate into the Administrative Policy Manual Attachments: Staff Report Travel Policy Management & Budget Director Michael Smykowski explained how travel expense reimbursements have been handled for County employees, confirming that there had been no formal written travel policy, as the County had been following Section 112.061 of the Florida Statutes. He proposed that, upon approval, the Indian River County Travel Policy would be added to the current Administrative Policy Manual. Commissioner Zorc questioned the guidelines used for mileage reimbursement, noting that the amount set by the Internal Revenue Service was much higher. Chairman Flescher felt that the per mile rate currently in effect was adequate. Indian River County Florida Page 27 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Commissioner Solari felt strongly that the disciplinary rules had been overstated, and pointed out that he did not want new employees who were provided the Administrative Policy Manual to continually read that they were subject to imprisonment. After much discussion amongst the Board and County Administrator Jason Brown, it was decided that the Indian River County Travel Policy was satisfactory, as written. Bob Johnson, Coral Wind Subdivision, inquired as to whether there was a provision for trip reports that included the reason the travel was necessary. Chairman Flescher confirmed that the forms were very detailed, and that any out -of -county travel must be authorized. Mr. Johnson also asked if there was a provision that would allow the public to receive travel expense reimbursements. County Attorney Dylan Reingold confirmed that decisions such as that would be handled by the Board at the time of necessity. A motion was made by Commissioner Adams, seconded by Vice Chairman O'Bryan, by a 4-1 vote (Commissioner Solari opposed), to approve staffs recommendation, as written. The motion carried by the following vote: Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and Commissioner Zorc Nay: 1 - Commissioner Solari The Chairman called for a recess at 12:00 p.m., and reconvened the meeting at 12:31 p.m., beginning with Item 8.JJ., which was moved to be heard as Item 12.E.2. Commissioner Adams was absent. F. Public Works C. Utilities Services 12.G.1. 17-0883 Sole Source for Kruger/Oxidation Systems Recommended Action: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve Kruger as the sole source provider for Kruger/Oxidation Systems, as well as for any necessary factory maintenance, waive the requirement for bids, and authorize the Purchasing Division to issue purchase orders to Kruger as needed. Attachments: Staff Report Kruger Quote No. 042517b rev3 Sole Source Letter, Kruger OEM A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, by a 4-0 vote (Commissioner Adams absent), to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 28 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Aye: 4 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Solari, and Commissioner Zorc Absent: 1 - Commissioner Adams 12.6.2. 17-0884 Sole Source for Ring Power Recommended Action: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve Ring Power as the sole source provider for Caterpillar Generator systems service and repairs, and authorize the Purchasing Division to issue purchase orders to Ring Power for repairs as necessary. Attachments: Staff Report Ring Power Quote Sole Source Letter A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, by a 4-0 vote (Commissioner Adams absent), to approve staffs recommendation. The motion carried by the following vote: Aye: 4 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Solari, and Commissioner Zorc Absent: 1 - Commissioner Adams 12.6.3. 17-0888 Additional Grant Funding Opportunity for North Sebastian Septic to Sewer (S2S) Phase I Sewer Project Recommended Action: Staff requests the Board of County Commissioners recommend submitting a proposal for the Florida Job Growth Grant Fund to offset some of the cost and also authorize the County Administrator to sign the subject proposal and, if awarded, any future agreements. Attachments: Staff Report Enterprise Florida Job Growth Grant Fund Public Infrastructure Grant Proposal Director of Utility Services Vincent Burke thanked the County Attorney's office for their assistance in preparing the Florida Job Growth Grant Fund Proposal (the Proposal) for a Public Infrastructure Grant administered by the Department of Economic Opportunity (DEO). He mentioned that the Government Federal Employer Identification Number was left blank and would need to be provided as part of the application. Commissioner Zorc suggested adding future economic development data to the Proposal in an effort to stand out amongst other applicants. He pointed out the possibility of adding jobs and tax base from commercial property previously not able to be developed. Indian River County Florida Page 29 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Carter Taylor, President, Indian River Neighborhood Association, voiced his opinion regarding the importance of a successful Septic to Sewer Program, and hoped that, with the possibility of being awarded grant funds, there would be new hope for the West Wabasso Septic to Sewer Project. Commissioner Solari expressed dissatisfaction towards the recent budget allocations approved in Tallahassee. As a result, he was not in favor of applying for the Public Infrastructure Grant. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, by a 3-1 vote (Commissioner Solari opposed, Commissioner Adams absent) to approve staffs recommendation to: (1) submit a proposal for the Florida Job Growth Grant Fund with the following amendments: a) add the Governmental Federal Identification Number; and b) include future economic development data; and (2) authorize the County Administrator to sign the subject proposal and, if awarded, any future agreements. The motion carried by the following vote: Aye: 3 - Chairman Flescher, Vice Chairman O'Bryan, and Commissioner Zorc Nay: 1 - Commissioner Solari Absent: 1 - Commissioner Adams 13. COUNTY ATTORNEY MATTERS 13.A. 17-0857 2018 Pre -Session Legislative List of Priorities and Concerns Recommended Action: The County Attorney's Office recommends that the Board adopt a 2018 pre -session legislative list of priorities and concerns. Attachments: Staff Report 2018 Pre -Session Legislative Priorities and Concerns REV2 Assistant County Attorney Kate Cotner announced that the 2018 State Legislative Session would be starting early this year, as the first committee week is scheduled to begin the week of September 11, 2017; and, the Legislative Session is scheduled to start on January 9, 2018. In addition, she highlighted several items from the Legislative Concerns List, and clarified the County's position on each item. A lengthy discussion ensued amongst the Board, County Attorney Dylan Reingold, County Administrator Jason Brown and Attorney Cotner regarding many of the topics listed as Legislative Priorities and Concerns. Commissioner Zorc presented two items that he felt should also be addressed, but it was agreed upon that both items should be directed towards the Florida Association of Counties (FAC). Indian River County Florida Page 30 Board of County Commissioners Meeting Minutes - Final August 15, 2017 The first item proposed involved the escalating costs of right-of-way procurements, as he felt that third -party fee collectors were responsible for the cost increase. The second item, which would reduce the cost of first responder vehicles by approximately $70,000.00, involved: 1) allowing for an emissions waiver; and 2) making the five (5) point patient restraint and first responder seating harness an optional feature, rather than mandatory. Carter Taylor, President, Indian River Neighborhood Association, noted his support of the County's position on Legislative Concerns List Items #14, Septic To Sewer; #16, Vacation Rentals; and #20, Local Preemption on Business Regulations and Taxes. (Clerk's Note: Commissioner Adams rejoined the meeting at 1:22 p.m.) A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to: (1) adopt the 2018 Pre -Session Legislative List of Priorities and Concerns; and (2) direct staff to work with the Florida Association of Counties regarding right-of-way procurement issues and first responder vehicle cost issues. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 133. 17-0846 Economic Development Council Appointment Recommended Action: The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint him to fill the unexpired term for the "local tourist industry" representative to the Economic Development Council. Attachments: Staff Report Economic Development Council Application - Olson Olson Resume - Economic Development Council County Attorney Dylan Reingold confirmed that Keith Kite resigned on June 20, 2017 from the Economic Development Council, where he had served as the local tourist industry representative. He explained that the vacancy had been posted for over 30 days, with Chad R. Olson being the only qualified applicant. A motion was made by Commissioner Adams, seconded by Chairman Flescher, to appoint Chad R. Olson to fill the unexpired term vacancy as the Local Tourist Industry Representative to the Economic Development Council. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc U.C. 17-0880 Development Review and Permit Process Advisory Committee Appointments Recommended Action: The County Attorney recommends that the Board review the applications and appoint the candidate(s) to represent the community at large on the Development Review and Permit Process Advisory Committee. Indian River County Florida Page 31 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Attachments: Staff Report Stephen R. Melchiori Application -Resume Joseph Schulke Application -Resume Robert Votaw Application -Resume David B. Kanarek Application -Resume James G. Vitter II Application -Resume Christopher Murphy Application -Resume Greg Burke Application -Resume (Clerks Note: This item was heard following Item 5., Proclamations and Presentations.) County Attorney Dylan Reingold gave a brief overview of Resolution 2017-070, as it was adopted on July 11, 2017 to establish the Development Review and Permit Process Advisory Committee (the Committee). He explained that the Committee would be made up of eleven to thirteen appointed members. Each Commissioner would appoint two members; one member would be from the building and development community, and one member would be from the Community -At -Large. The Board would also appoint, by majority vote, one to three Community -At -Large members. After much discussion and consideration amongst the Board, the consensus was to appoint three (3) Community -At -Large members, bringing the total number of committee members to thirteen. In an effort to round out the areas of expertise, Raymond Sheltra, Greg Burke and Christopher Murphy were appointed as Community -At -Large members. The Board directed Attorney Reingold to revise Resolution 2017-070, reflecting that the Committee would have thirteen members. In addition, he was directed to add one Member -At -Large alternate to the Committee in the event that one of the appointed Community -At -Large members could not participate. Stephen Melchiori was appointed the Member -At -Large Alternate. Christopher Murphy, 780 Blackpine Drive, detailed his professional background, and confirmed that he has been on development review committees in the past, and was familiar with the Sunshine Law. Chairman Flescher explained that the Sunshine Law regulations will apply, and that the rules will be explained by Counsel at the first meeting of the Committee. A motion was made by Commissioner Solari, seconded by Commissioner Zorc, to appoint Raymond Sheltra to the Development Review and Permit Process Advisory Committee as a Member -At -Large. 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 Florida Page 32 Board of County Commissioners Meeting Minutes - Final August 15, 2017 A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to appoint Greg Burke to the Development Review and Permit Process Advisory Committee as a Member -At -Large. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to appoint Christopher Murphy to the Development Review and Permit Process Advisory Committee as a Member -At -Large. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc A motion was made by Commissioner Solari, seconded by Commissioner Adams, to approve Resolution 2017-083, providing for thirteen appointed Community -At -Large members and one appointed Member -At -Large alternate on the Development Review and Permit Process Advisory Committee. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc A motion was made by Commissioner Adams, seconded by Commissioner Solari, to appoint Stephen Melchiori to the Development Review and Permit Process Advisory Committee as a Member -At -Large Alternate. 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 14.A.1. 17-0870 Discussion of a Resolution In Support of Legislation snaking Texting While Driving a Primary Traffic Offense Recommended Action: Discussion Indian River County Florida Page 33 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Attachments: Commissioner's Memorandum Proposed Resolution Chairman Flescher thanked Deputy County Attorney William DeBraal for his assistance in drafting a resolution which would encourage the Florida Legislature to enact legislation making texting while driving a primary traffic offense, as this would allow law enforcement to initiate a traffic stop for that reason. He explained that Florida was among only five states that do not enforce texting while driving as a primary offense, and lives are being lost. A motion was made by Commissioner Solari, seconded by Chairman Flescher, to approve Resolution 2017-082, encouraging the Florida Legislature to enact legislation that would make texting while driving a primary traffic offense. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc B. Commissioner Peter D. O'Bryan, Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari 14.D.1. 17-0879 Revision to County's Local Job Grant Program Recommended Action: Discussion Attachments: Commissioner's Memorandum Commissioner Solari suggested modifications be made to the Local Job Grant Program award computation methodology, as it has been criticized as being too complex. He acknowledged that he was disappointed that this item was tabled at an Economic Development Council meeting on June 20, 2017. He would like for staff to review the Local Job Grant Program, then report back at a future meeting. Economic Development Senior Planner Bill Schutt was present with a large binder and multi -page spreadsheet to demonstrate the amount of time and paperwork involved in processing one company's grant application. Commissioner Adams and Vice Chairman O'Bryan were in agreement that a less complex process was needed. A motion was made by Commissioner Solari, seconded by Chairman Flescher, to direct staff to review the Local Job Grant Program, and return to a future meeting. The motion carried by the following vote: Indian River County Florida Page 34 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc E. Commissioner Tim Zorc 14.E.1. 17-0815 Zoning and Rezoning Requirements Recommended Action: Discussion Attachments: Commissioner's Memorandum Commissioner Zorc presented several concerns that were brought to his attention regarding zoning and rezoning requirements, corridor plans, plan development approvals and general requirements for commercial development. He gave examples of how rules and regulations have prohibited development, and suggested having the Development Review and Permit Process Committee examine the general zoning and rezoning requirements for commercial development. Commissioner Solari supported the review of the general zoning and rezoning requirements by the Development Review and Permit Process Committee. He voiced concern that, due to the many additions over the years, the permit process may not be fixable and may need to be rewritten. Community Development Director Stan Boling conveyed that he felt the discussion was warranted; however, he explained that zoning incompatibilities can cause problems, and that easy parcels always get developed first. No Action Taken or Required 15. SPECIAL DISTRICTS AND BOARDS The Board reconvened as the Board of County Commissioners of the Emergency Services District. The minutes will be approved at an upcoming Emergency Services District Meeting. A. Emergency Services District 15.A.1. 17-0813 Approval of Minutes Meeting of June 20, 2017 Recommended Action: Approve Attachments: 06202017ES D A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to approve the Meeting Minutes of June 20, 2017, as written. The motion carried by the following vote: Indian River County Florida Page 35 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 15.A.2. 17-0788 Approval to Increase Boundtree Medical Purchase Order Recommended Action: Staff recommends the approval of an increase for the current and future purchase orders, as needed, with Boundtree Medical. Attachments: Staff Report A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve a $20,000.00 increase for current and future purchase orders, as needed, with Boundtree Medical. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc The Board reconvened as the Board of County Commissioners of the Solid Waste Disposal District. The minutes will be approved at an upcoming Solid Waste Disposal District Meeting. B. Solid Waste Disposal District 15.B.1. 17-0850 Final Pay to Kessler Consulting, Inc for Work Order No. I and Work Order No. 2, Solid Waste Procurement Services and Feasibility of Solid Waste Processing & Recycling Services Recommended Action: SWDD staff recommends that its Board approve Kessler Consulting's final invoice amount of $2,584.72. Attachments: Staff Report Kessler Final Invoices 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 15.8.2. 17-0843 Work Order No. 11 to CDM Smith, Inc. for Evaluation Monitoring for the C&D Landfill Recommended Action: SWDD staff recommends that its Board approve the following: a) Ratify the action by the County Administrator in approving authorization for this work under an interim Purchase Order No. 78006 on July 21, 2017. b) Approve Indian River County Florida Page 36 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Work Order No. 11 with CDM Smith, Inc. in the amount of $34,295 to provide engineering services related to the Evaluation Monitoring for the C&D Landfill. c) Authorize the Chairman to execute the same, as presented. Attachments: Staff Report Work Order No. 11 FDEP Review June 22 2017 Letter 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. 17-0851 Approval of 2017 CPI Adjustment Request by Waste Management Recommended Action: SWDD staff recommends that the Board approve the request for a 1.51% rate adjustment by Waste Management, Inc. of Florida and authorize the County Administrator to send a letter of approval. Attachments: Staff Report Rate Adjustment Letter from Waste Management Updated Exhibit 1 A motion was made by Commissioner Solari, 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 15.6.4. 17-0874 Request Approval for Two Paper Shredding Events in Fiscal Year 2017/18 Recommended Action: Staff recommends the SWDD Board authorize the sponsorship of two Residential Paper Shredding Events in Fiscal Year 2017/18 utilizing Southeast Secure Shredding for a total cost of $1,600. Staff also recommends that the SWDD Board authorize staff to work with the County Attorney's Office to pursue a multi-year agreement with Southeast Secure Shredding to host two paper shredding events per fiscal year. Attachments: Staff Report Recycling Education and Marketing Coordinator Stephanie Fonvielle confirmed that 265 vehicles passed through during the free recycling event on August 12, 2017. A motion was made by Commissioner Solari, seconded by Chairman Flescher, to approve staff's recommendation. The motion carried by the following vote: Indian River County Florida Page 37 Board of County Commissioners Meeting Minutes - Final August 15, 2017 Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 15.B.5. 17-0885 Agreement for Recycling of Batteries Recommended Action: SWDD staff recommends that the Board review and approve the agreement for recycling of batteries, and authorize the Chairman to sign on their behalf, once the agreement is reviewed and approved as to form and legal sufficiency by the County Attorney, and the necessary insurance requirements submitted to the Purchasing Department. Attachments: Staff Report Agreement with St. Lucie Battery and Tire Proposal from St. Lucie Battery and Tire Letter of Signatory Authorization A motion was made by Commissioner Adams, 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 C. Environmental Control Board 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 2:13 p.m. Indian River County Florida Page 38 Board of County Commissioners Meeting Minutes — Final 0. rj Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptr?' ler By: Deputy Clerk BCC/RDZ/2017 Minutes August 15, 2017 S seph E. Flescher, Chairman doseph E. Fles, Approved: OCT 17 2017 Indian River County Florida Page 39