HomeMy WebLinkAbout10/03/2017 (4)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, October 3, 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
Rhonda D. Zirkle, Deputy Clerk
Board of County Commissioners Meeting Minutes - Final October 3, 2017
1. CALL TO ORDER
2. ROLLCALL
Present: 4 - Chairman Joseph Flescher
Vice Chairman Peter O'Bryan
Commissioner Susan Adams
Commissioner Tim Zorc
Absent: 1 - Commissioner Bob Solari
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.B. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff Department
In Deputy Teddy Floyd's absence, Freddie Woolfork, Director of Public Relations
and Facilities Operations, Gifford Youth Achievement Center, offered the
Invocation.
3. PLEDGE OFALLEGIANCE
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Add: Emergency Item 13.B., Foreign Trade Zone, to County Attorney Matters
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
approve the Agenda, as amended. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
5. PROCLAMATIONS and PRESENTATIONS
5.A. 17-0664 Presentation of Proclamation Designating the Month of September, 2017 as Hunger
Action Month
Recommended Action: Read and Presented.
Attachments: Proclamation
Commissioner Zorc read and presented the Proclamation to Krista Garofalo, Chief
Strategy and Advocacy Officer, Treasure Coast Food Bank. Ms. Garofalo, with the
assistance of numerous local agencies and non-profit organizations, pointed out that
approximately 20,000 residents were helped each week. She encouraged the
community to educate themselves by visiting www.stophunger.org, and noted that
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
the Turkey Drop dates and locations would soon be announced, with volunteers
being needed.
Read and Presented
5.B. 17-0995 Presentation of Proclamation Designating the Month of October, 2017 as National
Arts and Humanities Month
Recommended Action: Read and Presented.
Attachments: Proclamation
Commissioner Adams read and presented the Proclamation to Bonnie Pendleton,
Humanities Liaison, The Emerson Center, who gave a brief overview of the
upcoming free cultural and historical presentations coming to The Emerson Center
in the near future.
Read and Presented
5.C. 17-0931 Presentation Thanking Commission for Supporting Gifford Youth Achievement
Center by Freddie Woolfork, Director of Public Relations & Facilities Operations
Recommended Action: No Action Required
Gifford Youth Achievement Center (GYAC) Public Relations & Facilities
Operations Director Freddie Woolfolk expressed his gratitude towards the Board
for being a supportive element of the GYAC over the past 20 years. He applauded
community partner, Waste Management, for coming to the aid of the Gifford
Community by donating backpacks filled with school supplies during the 19th
Annual Back -to -School Bash. Waste Management also provided hot meals to over
500 individuals in the days following Hurricane Irma.
Chairman Flescher thanked Mr. Woolfork for the open-door policy that he and his
team have demonstrated on a daily basis.
Read and Presented
5.D. 17-1022 Presentation on "Real Men Wear Pink" by Commissioner Peter O'Bryan
Recommended Action: Presentation - No Action Needed
Vice Chairman O'Bryan disclosed statistics relating to breast cancer, and announced
his commitment to the "Real Men Wear Pink" fund raising campaign with a
PowerPoint Presentation, showing himself and Commissioner Adams having their
hair dyed pink, in support of women and men fighting cancer.
Theresa Woodson and Jenny Davis, both of the American Cancer Society, were in
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
attendance to speak of the advantages of early cancer detection, and to promote the
awareness walk, Making Strides of Indian River, on October 21, 2017.
Read and Presented
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A. 17-0987 Florida Public Service Commission Consummating Order No.
PSC -2017 -0351 -CO -EQ In re: Petition for approval of amended standard offer
contract and amended interconnection agreement, by Duke Energy Florida, LLC.
is On File in the Clerk to the Board's Office.
Recommended Action: Informational Only
No Action Taken or Required
7.B. 17-1009 Florida Public Service Commission Order No. PSC -2017 -0359 -PAA -E1 In re:
Petition for approval of a new depreciation class and rate for energy storage
equipment, by Florida Power & Light Company is On File in the Clerk to the Board
Office.
Recommended Action: Informational Only
No Action Taken or Required
7.C. 17-1008 Update on All Aboard Florida/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.D. 17-1015 Indian River County Venue Event Calendar Review
Recommended Action: Information Item Only, No Action Required
Attachments: Staff Report
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Board of County Commissioners Meeting Minutes - Final
No Action Taken or Required
7.E. 17-1018 State of Florida Special Olympic Aquatic Championships
Recommended Action: This item is informational only. No Board action is required.
Attachments: Staff Report
2017 State Swimming- Fact Sheet
October 3, 2017
Recreation Manager Michael Redstone and Assistant County Administrator
Michael Zito were present and spoke regarding the 12th consecutive Special
Olympics, with 428 athletes within the State of Florida participating on October 7
& 8, 2017. It was noted that 39 counties would be represented.
No Action Taken or Required
8. CONSENT AGENDA
Vice Chairman O'Bryan asked that Item 8.H. be pulled for discussion.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to
approve the Consent Agenda, as amended. The motion carried by the following
vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
8.A. 17-0976 Checks and Electronic Payments September 1, 2017 to September 14, 2017
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of September 1, 2017 to September 14, 2017
Attachments: Finance Department Staff Report
Approved staffs recommendation
8.B. 17-1002 Checks and Electronic Payments September 15, 2017 to September 21, 2017
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of September 15, 2017 to September 21, 2017
Attachments: Finance Department Staff Report
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
8.C. 17-0969 Wild Turkey Sand Mine - Fourth Phase: Cash Deposit and Escrow Agreements for
Compliance and Restoration
Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the two
compliance and restoration Cash Deposit and Escrow Agreements with regard to
the transfer from the third phase to the fourth phase.
Attachments: Staff Report
Compliance -Cash Deposit and Escrow Agr ement
Restoration -Cash Deposit and Escrow Agr ement
Approved staffs recommendation
8.D. 17-0989 Change Order No. 1, Final Payment and Release of Retainage IRC Go -Line
Transfer I lub IRC Project No. 1330, Bid No. 2016019
Recommended Action: Staff recommends approval of Change Order No. I and payment of Barth
Construction, Inc. Pay Application No. 9 for final payment and release of retainage
in the amount of $88,701.86.
Attachments: Staff Report
Barth Construction, Inc. Pay Application No. 9
Change Order No. 1
Description of Itemized Changes
Approved staffs recommendation
B.E. 17-0990 Approval of Renewal of a Class "E" Certificate of Public Convenience and
Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair
Services
Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve
the renewal of the Class "E" Certificate of Public Convenience and Necessity for
The ARC of Indian River County Inc., to be effective for a period of two (2) years
commencing October 5, 2017, and expiring October 5, 2019.
Attachments: Staff Report
ARC Renewal Application
COPCN Certificate
Approved staffs recommendation
8.F. 17-0991 Approval of Renewal for a Class "B" and "E" Certificate of Public Convenience
and Necessity for We Care of the Treasure Coast Inc. to Provide
Wheelchair/Stretcher Services
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
Recommended Action: Staff respectfully recommends that the Board of County Commissioners approve
renewal of the Class "B" and "E" Certificate of Public Convenience and Necessity
for We Care ofthe Treasure Coast Inc., to be effective for a period of two (2) years
from October 15, 2017 to October 15, 2019.
Attachments: Staff Report
We Care of the Treasure Coast Renewal Application
COPCN Certificate
Approved staffs recommendation
8.G. 17-0992 Right -of -Way Acquisition - 66th Avenue Widening Project Owner: SBA Towers III
LLC - 6590 65th Street, Vero Beach, FL 32967
Recommended Action: Staff recommends the Board approve the Purchase Agreement for the 0.45 acres of
property located at 6590 65th Street, Vero Beach, IT 32967, and authorize the
Chairman to execute the purchase agreement on behalf of the Board.
Attachments: Staff Report
Purchase Agreement
Temporary Construction Easement
Approved staffs recommendation
8.H. 17-0993 Indian River County Shooting Range Hunter Education Classroom Change Order
No. I (Final), Final Payment and Release of Retainage
Recommended Action: Staff recommends approval of Change Order No. I Final and payment of
Application for Payment No. 5 to Proctor Construction Company, LLC in the
amount of $71,401.95 for final payment and release of retainage.
Attachments: Staff Report
Contractor's Application for Payment No. 5
Change Order No. 1 Final
Vice Chairman O'Bryan confirmed that the Shooting Range Hunter Education
Classroom was complete, and felt that the Shooting Range was one of the best in
the State, if not in the Country.
Assistant County Attorney Michael Zito mentioned the Ribbon Cutting Ceremony
for the Shooting Range Hunter Education Classroom would be held in early
November 2017.
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October 3, 2017
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the following
vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
17-1004 Approval of a 2017 House Appropriations Grant and a Fiscal Year 2017 TMDL
Water Quality Restoration Grant for Osprey Acres Floway and Nature Preserve
Recommended Action: Staff recommends that the County Commission approve Standard Grant Agreement
Number NS027 for the TMDL Water Quality Restoration Grant and the Florida
House Appropriations Grant and authorize the Chairman to execute it on behalf of
the County.
Attachments: Staff Report
Osprey Acres Grants Agreement
Approved staffs recommendation
8.J. 17-1006 Approval of State Sovereignty Submerged Lands Lease Renewal for the Jones's
Pier Dock Facility
Recommended Action: Staff recommends that the Board of County Commissioners approve the
sovereignty submerged lands lease renewal for the Jones's Pier dock facility, and
authorize the Board Chairman to sign the lease on behalf of the County.
Attachments: Staff report
Submerged lands lease renewal
Approved staffs recommendation
8.K. 17-1010 Division of Library and Information Services State Aid Application/Agreement
Recommended Action: Staff respectfully requests that the Board authorize its Chairman to sign the
agreement and return to the Library Services Director to be forwarded to the
appropriate State Library staff.
Attachments: Staff Report
State Aid To Libraries Grant Agreement
Grant Form Library State Aid Application
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
8.L. 17-1012 Library Services Request for Consideration to Update Circulation Limits
Recommended Action: Staff recommends the Board approve the revised Indian River County Library
System's circulation limits policy adjusting the length of check out period and
quantity of materials.
Attachments: Staff Report
IRC Library Loan Rules - Circulation Matters
IRC Library Sys Procedures proposed revised Circulation Matters
Pages 9-10 only
Approved staffs recommendation
8.M. 17-1013 Forest Park Water Main Extension: Approval of Blue Goose Construction Work
Authorization No. 2017-008
Recommended Action: Staff recommends that the Board of County Commissioners approve Blue Goose
Construction Work Authorization No. 2017-008 and authorize staff to purchase
materials to construct the Forest Park 6" Water Main Extension.
Attachments: Staff Report
FDEP In -Kind Approval Letter
BGC Work Authorization No 2017-008
Cost Estimate - Labor and Material
Exhibit - Proposed Water Main
Approved staffs recommendation
B.N. 17-1014 Collier Creek Estates Subdivision (Utility Phases 1, 1a, Ib, and 2) and Harbor Point
Subdivision (Utility Phase 3) Petition Water Assessment Project - Bidding Status:
Bid No. 2017-067
Recommended Action: Staff recommends that the Indian River County Board of County Commissioners
award the project to Timothy Rose Contract, Inc., in the amount of $1,291,717.40
and approve the sample agreement.
Attachments: Staff Report
Sample Agreement
Approved staffs recommendation
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
8.0. 17-1021 Miscellaneous Budget Amendment 024
Recommended Action: Staff recommends that the Board of County Commissioners approve the budget
resolution amending the fiscal year 2016/2017 budget.
Attachments: Staff Report
Resolution
Exhibit "A" BA 024
Approved Resolution 2017-104, amending the Fiscal Year 2016-2017 Budget.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1. 17-0994 Consideration of a Proposed Land Development Regulation Amendment to
Chapter 904 (Nonconformities) (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners adopt the proposed
ordinance.
Attachments: Staff Report
July 11, 2017 BCC Staff Report
July 11, 2017 BCC Minutes
August 24, 2017 Draft PZC Minutes
911.07 Excerpts
Proposed Ordinance
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Community Development Director Stan Boling used a PowerPoint Presentation
to explain the history of Chapter 904, Nonconformities. He included the
circumstances which led to a proposed amendment to the Nonconformities
Ordinance, referring to attached accessory structures, such as screen enclosures.
The Chairman opened the Public Hearing. There were no speakers and the
Chairman closed the Public Hearing.
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,
to adopt Ordinance 2017-013, concerning amendments to its Land Development
Regulations (LDR's); providing for amendment to Chapter 904, Nonconformities;
by amending Section 904.05 expansion, increase, or change of nonconformities;
and by providing for repeal of conflicting provisions; codification; severability;
and effective date. The motion carried by the following vote:
Aye: 4 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
B. PUBLIC DISCUSSION ITEMS
10.B.1. 17-0988 Request to Speak from Reza Torkaman Regarding Utility Policy on tenant
non-payment
Recommended Action:
Attachments: Request to Speak Form
Reza Torkaman, a resident of the County since 1988 and also a landlord,
detailed his dissatisfaction towards the rules of the Utilities Department due to
the fact that, as the landlord/property owner, he is responsible for bringing the
balance of the water bill to zero prior to the next tenant transferring the account
into their name.
Vice Chairman O'Bryan confirmed the issue, but felt that the primary problem
stemmed from Mr. Torkaman's tenants who did not transfer the account into
their name, making the landlord responsible for not only the base amount of an
unpaid water bill, but also the consumption. He recommended that Mr.
Torkaman begin signing all new leases a few days in advance of the lease
effective date, which would allow the new tenant time to transfer the account
into their name, and then release the keys when the account transfer was
complete.
County Administrator Jason Brown, Chairman Flescher and Commissioner
Adams were all in agreement that Mr. Torkaman would benefit from changing
his business procedure.
No Action Taken or Required
10.13.2. 17-0996 Request to Speak from Ardra Rigby and Bill Rigby Regarding the Demolition
of the Property at 6345 85th Street
Recommended Action: Discussion Item
Attachments: Request to Speak Form
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
Ardra Rigby, President, West Wabasso Neighborhood Association, along with
his brother, Bill Rigby, 8465 59th Avenue, requested that the property at 6345
85th Street be pulled from the demolition list. They have requested additional
time to get the answers needed regarding transforming the vacant property into
a historical museum.
Discussion ensued amongst the Board, Community Development Director Stan
Boling and Deputy County Attorney Bill DeBraal, which brought about several
concerns, including: 1) Property Ownership. It was reported that the owner
of the property was The Estate of William C. Minnis, Jr., and that Sarah Minnis
had offered to donate the property; 2) Property Condition. It was agreed that,
with the authority of Ms. Minnis, the vacant, abandoned and unsecure structure,
if not demolished, needed to be boarded up for public safety concerns; and 3)
Tax Liens. It was pointed out that the tax liens have exceeded the value of the
property, and that changing ownership of the property would not make the tax
liens disappear.
Bill Rigby responded that he had been in contact with the Internal Revenue
Service (IRS), in an attempt to reduce the tax lien dollar amount. He also
explained that he would like to clean and to power wash the inside of the
structure prior to boarding it up. Additionally, he confirmed that he had been
working on funding options.
County Administrator Jason Brown opposed delaying the demolition, as he felt
that there were an abundance of obstacles to overcome.
County Attorney Dylan Reingold expressed sincere concern regarding
unauthorized individuals trespassing on the property, due to the fact that the
Rigby's are not the property owners. He explained that the Board was not
authorizing any such activity.
Vice Chairman O'Bryan, upon checking the Property Appraiser's website,
noticed the possibility of a tax deed sale. He suggested tabling the item and
returning to the Board for additional discussion in two weeks under
Commissioner Zorc's Matters. Prior to the meeting, Ardra or Bill Rigby would
be required to provide authorization from Sarah Minnis, along with pictures of
the secured building and correspondence with the IRS. Additionally, it was
noted that a tax deed sale of the property would discontinue further discussion
regarding this matter.
No Action Taken or Required
The Chairman called for a recess at 10:57 a.m., and reconvened the meeting at
11:18 a.m., with Commissioner Solari absent.
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C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
11.A. 17-1005 Collective Bargaining Agreement Between Indian River County
Firefighter/Paramedic Association IAFF Local 2201 - FY2017/18 General Wage
Increase
Recommended Action: Staff respectfully recommends approval of a 2.5% general wage increase for
employees represented by the Indian River County Firefighter/Paramedic
Association IAFF Local 2201 effective the first full pay period in October 2017 and
requests the Board authorize its Chairman to sign the amendment to Article
34- Salaries of the collective bargaining agreement providing for the general wage
increase.
Attachments: Staff Report
First Amendment to CBA
Fxhihit A
County Administrator Jason Brown recapped the Collective Bargaining Agreement
wage adjustment negotiations, and recommended a 2.5 percent wage increase,
which would go into effect on Friday, October 13, 2017.
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: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
12. DEPARTMENTAL MATTERS
A. Community Development
12.A.1. 17-0928 Consideration of ACS Financial, LLC's Request For a Local Jobs Grant (File
#2-2017)
Recommended Action: The Economic Development Council and staff recommend that the Board of
County Commissioners: 1. Approve a local jobs grant of up to $136,000 for
Company, and, 2. Authorize the chairman to sign the Jobs Grant Agreement for
Company after approval of the agreement by appropriate county staff and the
county attorney's office (draft agreement attached).
Attachments: Staff Report
Tax resolutions services offered by Company
Jobs Grant Application (on file in Planning Division)
Draft Jobs Grant Agreement
Portion of Draft September 19, 2017 EDC Meeting Minutes
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
Community Development Director Stan Boling used a PowerPoint Presentation
to provide the details of a Local Jobs Grant application received from ACS
Financial, LLC., which offers tax resolution services.
A motion was made by Commissioner Zorc, 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 Zorc
Absent: 1 - Commissioner Solari
B. Emergency Services
C. General Services
12.C.1. 17-1007 Library Services Request for Consideration to run a Fine Amnesty Campaign
October 17 - 31, 2017
Recommended Action: Staff recommends Board approve the Fine Amnesty campaign from October 17,
to October 31, 2017.
Attachments: Staff Report
Anne Shepherd, Library Director, used a PowerPoint Presentation to introduce
the many changes and programs at the Library. She announced the Fine
Amnesty Campaign, running from October 17-31, 2017, and explained that
there would be no late fees assessed for returning Indian River County Library
items in person.
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: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
1. Human Services
2. Sandridge Golf Club
3. Recreation
12.C.3. 17-0943 Approval for the Aquatic Center Geo -Thermal System Repair
a.
Recommended Action: Staff recommends that the Board declare Symbiont Service Corp as a sole
source provider of parts and maintenance on the geo-thermal systems at
both Gifford Aquatic and North County Aquatic Center, and authorize the
Purchasing Division to issue purchase orders as needed and funded.
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Attachments: Staff Report
Symbiont Service Corp Quote
Symbiont Service Corp Sole Source Letter
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner
Adams, to approve staffs recommendation. The motion carried by the
following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
D. Human Resources
E. Office of Management and Budget
F. Public Works
121.1. 17-1011 Designation of Securitas Electronic Security Inc., as Sole Source Provider for
the Security Access Control System for the Indian River County Courthouse
Recommended Action: Staff recommends the Board of County Commissioners declare Securitas
Electronic Security, Inc., as the County's sole source provider for the
Courthouse Security Access System maintenance and repairs.
Attachments: Staff Report
Public Works Director Rich Szpyrka presented history regarding replacement of
the Security Access Control System at the Courthouse, and explained that
during the replacement project, additional work would be required. He also
requested that Securitas Electronic Security Inc. be designated as Sole Source
Provider for the Security Access Control System for the Courthouse.
A motion was made by Commissioner Adams, seconded by Commissioner Zorc,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1- Commissioner Solari
G Utilities Services
13. COUNTY ATTORNEY MATTERS
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13.A. 17-1019 Permission to Advertise Amending Indian River Code Chapter 201, Stormwater
Discharge
Recommended Action: Staff recommends the Board approve advertisement of the amendment to the IRC
Code to prohibit illicit discharges into storm sewers. A public hearing on the
amendment will be held before the Board of County Commissioners on October 24,
2017.
Attachments: Staff Report
Deputy County Attorney Bill DeBraal announced an ordinance amendment of
Chapter 201 of the Indian River Code, and requested permission to advertise the
Public Hearing, which would be held October 24, 2017. He acknowledged that the
amendment, which follows an audit performed by the Florida Department of
Environmental Protection (DEP), would define future disciplinary actions for illicit
discharges into storm sewers, in addition to designating a Code Enforcement
Authority.
Public Works Director Rich Szpyrka confirmed the disciplinary action currently in
effect, and suggested keeping the code enforcement authority in the stormwater
department.
Vice Chairman O'Bryan offered suggestions for disciplinary action such as issuing
a written notice as the initial warning, and implementing a small fine for the second
offense.
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
U.B. 17-1042 Request for Emergency Addition Agenda Item 1313: Foreign Trade Zone
Recommended Action: The County Attorney's Office recommends that the Board amend the approved
2018 pre -session legislative list of priorities and concerns to state: "Indian River
County supports the expansion of either Foreign Trade Zone 218 located in St.
Lucie County or Foreign Trade Zone 136 located in Brevard County to include
Indian River County."
Attachments: Staff Report
Foreign Trade Zone
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
Assistant County Attorney Kate Cotner proposed amending the 2018 pre -session
legislative list of priorities and concerns to include working with Foreign Trade
Zone 218, located in St. Lucie County, which would allow staff to work with either
St. Lucie County or Brevard County, Foreign Trade Zone 136.
Commissioner Zorc responded to a question from Vice Chairman O'Bryan,
explaining that once a County/City was included in a Foreign Trade Zone, they
would not be married to only one port.
A motion was made by Commissioner Adams, seconded by Chairman Flescher, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
14. COMMISSIONERS MATTERS
A. Commissioner Joseph E. Flescher, Chairman
B. Commissioner Peter D. O'Bryan, Vice Chairman
14.6.1. 17-1023 Request Board Discussion on the Issue of Unmaintained County Roads
Recommended Action: Discussion to Generate Ideas to Address Issue
Attachments: Commissioner's Memorandum
(Clerk's Nole: Item 14.B.1. was heard following Item 14.B.2, and is placed
here for continuity.)
Vice Chairman O'Bryan initiated discussion regarding a possible long term
policy change regarding unmaintained roads. He reported receiving calls from
property owners who were concerned because of potholes and drainage issues,
which made it difficult to get in and out of their residences/businesses, to
receive deliveries or for emergency vehicles to respond to them. After offering
several options, in addition to the idea of a Grading District, he acknowledged
that increasing taxes to cover the additional equipment and manpower would be
necessary.
Commissioner Adams pointed out that there were approximately 140 miles of
unmaintained roads within the County. She felt that the roadways were
originally designed to access ditches, canals, cattle or crops, but as agriculture
began to decline, property owners sold lots, causing drainage and roadway
issues. She suggested taking a comprehensive look at this item, knowing that
taxes would need to be increased in order to cover the expenses involved.
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Commissioner Zorc requested advice from David Gunter, Indian River Farms
Water Conservation District Superintendent, as to how he would solve the
issue. Mr. Gunter, who began by providing history going back to a time when
this County was part of St. Lucie County, felt the Public Works Budget would
need to be increased. He remembered the Budget was reduced many years
ago, which was when he felt that the roads in question stopped being
maintained by the County. In addition, he confirmed that the Water Control
Districts were prohibited from constructing or maintaining public roadways.
Mr. & Mrs. George Powers, 187 S. Maple Street, Fellsmere, used a PowerPoint
Presentation to point out the location of their business at 14115 85th Street,
Fellsmere, along with the one mile section of roadway that they would like to
have graded in order to keep them in business. He questioned the benefit of
the money paid to the drainage district; and offered to pay the County to grade
the road twice per year.
Discussion ensued amongst Public Works Director Rich Szpyrka, Vice
Chairman O'Bryan, Commissioner Adams and County Administrator Jason
Brown regarding grading schedules and the estimated cost per mile, minimum
roadway standards, along with agreements that would need to be amended if the
County approves maintenance of currently unmaintained roads.
Jason Nunemaker, City of Fellsmere City Manager, voiced his concern
regarding current and future drainage issues, as there were undeveloped lots
holding water; however, once the lots are developed, the water would be
displaced. He offered suggestions for moving forward, and, along with Mr.
Gunter, offered his assistance to the Board regarding this matter.
Board consensus was for staff, at a future meeting, to present two options: 1.)
to provide a schedule and the cost involved for maintaining all County roads;
and 2.) to provide a schedule and the cost involved for maintaining the County
roads that are currently unmaintained.
Referred to Staff
14.B.2. 17-1024 Request Board to Approve Resolution Supporting the $14.8 Million Capital
Outlay Request of Indian River State College for the Treasure Coast Advanced
Manufacturing Center
Recommended Action: Approve Resolution
Attachments: Commissioner's Memorandum
Resolution to approve IRSC capital outlay request
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Board of County Commissioners Meeting Minutes - Final October 3, 2017
(Clerk's Note: This item was heard prior to Item 1=1.13.1.)
Indian River State College Mueller Campus Provost Casey Lunceford
confirmed the ongoing collaborated funding efforts, and mentioned the need for
a high-tech training facility; in addition to increasing the capacity, as Indian
River State College offers a growing number of valuable programs to the
Region, noting that the welding program has an enrollment wait list. He also
remarked on the possibility of adding Marine and Aviation Engine
Manufacturing to the list of programs offered.
Chairman Flescher recalled the community support he had witnessed, and felt
that a facility such as this was needed for the college, as well as the community.
A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher,
to approve Resolution 2017-105, supporting the $14.8 million capital outlay
request of Indian River State College for the Treasure Coast Advanced
Manufacturing Center. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
14.8.3. 17-1025 Attendance at October 10th Board of County Commissioners Meeting
Recommended Action: No Action Required
Attachments: Commissioner's Memorandum
Vice Chairman O'Bryan confirmed that he would be in Tallahassee testifying
before a Senate Committee regarding short-term vacation rentals, and would be
absent on Tuesday, October 10, 2017.
No Action Taken or Required
C. Commissioner Susan Adams
D. Commissioner Bob Solari
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emer2ency Services District
B. Solid Waste Disposal District
Indian River County Florida Page 18
Board of County Commissioners Meeting Minutes - Final October 3, 2017
The Board reconvened as the Board of Commissioners of the Solid Waste Disposal
District. The minutes will be approved at an upcoming Solid Waste Disposal
District meeting.
15.8.1. 17-0944 Approval of Minutes of July 11, 2017
Recommended Action: Approve
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Zorc, to
approve the Meeting Minutes of July 11, 2017, as written. The motion carried by the
following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
15.8.2. 17-1001 Final Pay for CDM Smith CCNA 2014 Work Order No. 10 - C & D Debris Landfill
Permit Renewal
Recommended Action: Staff recommends that its Board approve CDM Smith's final invoice amount of
$1,521.00.
Attachments: Staff Report
CDM Smith Prosect Completion Report & Final Invoice
A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Adams,
to approve staffs recommendation. The motion carried by the following vote:
Aye: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
15.8.3. 17-1016 IRC Landfill Amendment No. 1 to Work Order No. 1 to CDM Smith, Inc.
Recommended Action: SWDD staff recommends that its Board approve the following: a) Approve IRC
Landfill Amendment No. l to Work Order No. 1 with CDM Smith Inc. in the
amount of $558,679 to provide engineering services related to Phase 2 of the Class
I Landfill Segment 3 Cell 2 expansion, partial closure of Segment 2, and expansion
of the landfill gas collection system; and, b) Authorize the Chairman to execute the
same, as presented.
Attachments: Staff Report
IRC Landfill Amendment No 1 to Work Order No 1
Indian River County Florida Page 19
Board of County Commissioners Meeting Minutes - Final October 3, 2017
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: 4- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, and
Commissioner Zorc
Absent: 1 - Commissioner Solari
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
1:20 p.m.
Approved: November 14, 2017
Indian River County Florida Page 20
Board of County Commissioners Meeting Minutes — Final October 3, 2017
ATTEST:
7a
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:.(&k1l/i
".. dl— ,—
Deputy Clerk
BCC/RDZ/2017 Minutes
Approved: Nc)vpmhp--r 14 ?n17
Indian River County Florida Page 21