HomeMy WebLinkAbout12/19/2017 (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 - Draft
Tuesday, December 19, 2017
9:00 AM
Commission Chambers
Board of County Commissioners
Peter D. O'Bryan, Chairman, District 4
Bob Solari, Vice Chairman, District 5
Susan Adams, District 1
Joseph E. Flescher, District 2
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Maureen Gelfo, Deputy Clerk
Board of County Commissioners Meeting Minutes - Draft December 19, 2017
1. CALL TO ORDER
ROLL CALL
Present: 4 - Chairman Peter O'Bryan
Commissioner Susan Adams
Commissioner Joseph Flescher
Commissioner Tim Zorc
Absent: 1 - Vice Chairman Bob Solari
2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS
2.B. INVOCATION
Pastor Jim Gallagher, Calvary Chapel of Vero Beach
3. PLEDGE OF ALLEGIANCE
Commissioner Joseph E. Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Delete: Item 8.1-1. Work Order No. 23 APTIM Coastal Planning and Engineering,
Inc. Sector 5 Beach Restoration Project
Add: Emergency Item 5.13. Special Presentation by Traffic Engineering Staff
Assistant Maya Miller - Christmas Medley
Add: Emergency Item 13.C. Florida Development Finance Corporation Lawsuit
(December 2017)
A motion was made by Commissioner Flescher, seconded by Commissioner Zorc, to
approve the Agenda, as amended. The motion carried by the following vote:
Aye: 4 - Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
5. PROCLAMATIONS and PRESENTATIONS
5.A. 17-1246 Presentation of 2016-2017 Economic Development Annual Report by
Helene Caseltine, CEcD, Economic Development Director, Indian River
County Chamber of Commerce
Recommended Action: No Action Required
Attachments: 2016-2017 Economic Development Annual Report
Indian River County Florida Page 1
Board of County Commissioners Meeting Minutes - Draft December 19, 2017
Helene Caseltine, Economic Development Director, Indian River County Chamber
of Commerce, used a PowerPoint Presentation to provide an overview of the
Economic Development Annual Report for Fiscal Year 2016-2017.
No Action Taken or Required
5.13. Emergency Addition: Presentation by Maya Miller
Traffic Engineering Staff Assistant Maya Miller performed a medley of Christmas
songs, and encouraged citizens to reach out to one another in the spirit of the
holiday.
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD
ACTION
7.A. 17-1282 Proclamation Honoring John Coughlin on His Retirement From Indian River
County Board of County Commissioners Department of Utilities /
Wastewater Collection Division with Twenty -Four Years of Service
Attachments: Proclamation
Chairman O'Bryan congratulated John Coughlin on his retirement.
No Action Taken or Required
73. 17-1302 Proclamation Honoring James W. Karl on His Retirement From Indian River
County Board of County Commissioners Department of Public Works /
Engineering Division with Twenty -Seven Years of Service
Attachments: Proclamation
Chairman O'Bryan recognized James W. Karl on his retirement.
No Action Taken or Required
7.C. 17-1290 Environmental Hearing Control Board Committee Resignation -Vacancy
Recommended Action: No action required
Attachments: Staff Report
Resignation from ECHB R. Cahoy
No Action Taken or Required
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Board of County Commissioners Meeting Minutes - Draft December 19, 2017
7.D. 17-1303 Economic Development Council Resignation -Vacancy
Recommended Action: No Action Required
Attachments: Staff Report
Nov 21 st Letter
Dec 11th Email
No Action Taken or Required
7.E. 17-1286 2017-2018 District School Board of Indian River County Official
Appointments
Recommended Action: Informational
Attachments: Staff Report
Board Member Committee Appointments
Organization Assignments/Memberships
No Action Taken or Required
7.F. 17-1304 2017-2018 City of Fellsmere Appointments
Recommended Action: Informational
Attachments: Staff Report
2017-18 Fellsmere Committee Appointments
No Action Taken or Required
7.G. 17-1281 St. Johns River Water Management District's Governing Board 2018
Meeting Schedule
Recommended Action: No Action Required
Attachments: 2018 Governing Board Meeting Schedule
No Action Taken or Required
7.H. 17-1295 Florida Department of State Minority Appointment Reporting for Calendar
Indian River County Florida Page 3
Board of County Commissioners Meeting Minutes - Draft December 19, 2017
Year 2016
Recommended Action: provided for Board Information - No Action Required
Attachments: Staff Report
Minority Appointment Report Calendar Year 2016
No Action Taken or Required
7.1. 17-1299 Indian River County Venue Event Calendar Review
Recommended Action: This is an informational item only; no Board action is required.
Attachments: Staff Report
No Action Taken or Required
8. CONSENT AGENDA
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve the Consent Agenda as amended under Item 4, deleting Item 8.1-1. The
motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
8.A. 17-1283 Checks and Electronic Payments December 1, 2017 to December 7, 2017
Recommended Action: Approve the list of checks and electronic payments issued by the Comptroller's
office for the time period of December 1, 2017 to December 7, 2017
Attachments: Finance Department Staff Report
Approved
8.B. 17-1287 County Acceptance of Dedication of Limited Access Easements from the
Three Southern Oaks Affidavit of Exemption [AOE-17-05-03 /
2015100082-78776] (Legislative)
Recommended Action: Staff recommends that the Board of County Commissioners accept the dedication
of limited access easements and authorize the chairman to execute the subject
Affidavit of Exemption.
Indian River County Florida Page 4
Board of County Commissioners Meeting Minutes - Draft
Attachments: Staff Report
Application
Location Map
Affidavit of Exemption Layout
Approved staff's recommendation
8.C. 17-1292 Miscellaneous Budget Amendment 002
December 19, 2017
Recommended Action: Staff recommends the Board of County Commissioners approve the budget
resolution amending the fiscal year 2017-2018 budget.
Attachments: Staff Report
Resolution
Exhibit "A"
Budget Amendment & Revised Budget
Property Appraiser reconciliation
Approved Resolution 2017-125, amending the Fiscal Year 2017-2018 budget.
8.D. 17-1297 Interest Rate Change on All County Financing
Recommended Action: Staff recommends that the Board of County Commissioners approve the fixed
interest rate of 5.00%. Staff further recommends that this rate remain in effect for
calendar year 2018 for all County financing with the exception of projects directly
affiliated with a bond issue for which the bond covenants dictate a different interest
rate.
Attachments: Staff Report
Interest Rate History
Approved staffs recommendation
8.E. 17-1284 Right -of -Way Acquisition - 66th Avenue Widening Project TD Bank
NA - 7555 66th Avenue, Vero Beach, FL 32967
Recommended Action: Staff recommends the Board approve the Purchase Agreement for the 0.15 acres of
property located at 7555 66th Avenue, Vero Beach, FL 32967, and authorize the
Chairman to execute the purchase agreement on behalf of the Board.
Attachments: Staff Report
Purchase Agreement
Water Damage, Toxic Mold Disclosure Release
Indemnity Agreement
Approved staffs recommendation
Indian River County Florida Page 5
Board of County Commissioners Meeting Minutes - Draft December 19, 2017
8.F. 17-1293 Release of Retainage for APTIM Coastal Planning and Engineering, Inc.
Work Order No. 15 - Sector 3 Beach Restoration, 2017 Physical Monitoring
Recommended Action: Staff recommends the Board approve the release of all withheld retainage under
Work Order No. 15 in the amount of $4,397.78.
Attachments: Staff Report
Invoice
Approved staffs recommendation
8.G. 17-1298 Final Release of Retainage - Borrelli & Partners, Inc. - Intergenerational
Recreation Facility at South County Regional Park - IRC Project No. 1135
RFQ No. 2012024
Recommended Action: Staff recommends approval of Borrelli & Partners, Inc. Invoice No. Retainage #3,
dated August 25, 2017 in the amount of $12,405.00 for final release of retainage for
design services for the Intergenerational Recreation Facility at South County
Regional Park.
Attachments: Staff Report
Invoice
Approved staffs recommendation
8.1-11. 17-1300 Work Order No. 23 APTIM Coastal Planning and Engineering, Inc. Sector 5
Beach Restoration Project
Recommended action: The recommendation of staff is for the Board to approve Work Order No. 23 to the
contract with APTIM Coastal Planning and Engineering Inc. and authorize the
Chairman to sign on behalf of the County.
Attachments: Staff Report
Work Order
Deleted
8.1. 17-1276 8th Street Sidewalk Improvements (58th Avenue to 21 st Court) Release of
Retainage and Change Order No. 1
Recommended Action: Staff recommends approval of Change Order No. I and payment of Application for
Payment No. 7 to Timothy Rose Contracting, Inc. in the amount of $25,893.30 for
release of retainage.
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Board of County Commissioners Meeting Minutes - Draft December 19, 2017
Attachments: Staff Report
Contractor's Application for Payment No. 7
Change Order No. 1
Approved staffs recommendation
8.J. 17-1306 Declaration of Excess Equipment as Surplus for Sale, Trade -In or Disposal
Recommended Action: Staff recommends the Board declare the items on the Excess Equipment List for
121917 Agenda as surplus or Trade -In as indicated, and authorize their sale and/or
disposal.
Attachments: Staff Report
Excess Equipment List
Approved staffs recommendation
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9.A. 17-1291 Award of the 2017/2018 Alcohol and Other Drug Abuse Treatment Fund
And Designation of Indian River County's Problem Solving Courts As A
Chosen Program Recipient
Recommended action: That for the fiscal year 2017/2018, the Indian River County Board of County
Commissioners designate the Indian River County's Problem Solving Courts as a
chosen program recipient to receive up to $25,000 from the Alcohol and Other
Drug Abuse Trust Fund for use for substance abuse treatment and testing for the
drug court, mental health and veteran treatment court participants in Indian River
County that are indigent. In the event the defendants have the ability, they will be
required to reimburse the funds. All applicants, testing and treatment would be
preapproved by the presiding judge and team and submitted for reimbursement
monthly or quarterly.
Attachments: 2017 SA Trust Fund Application Druq Court 12-10-17
County Attorney Dylan Reingold provided background on the Alcohol and Other
Drug Abuse Trust Fund (the Fund), which obtains funds from court assessments on
drug offenses. He relayed the request of the Nineteenth Judicial Circuit of Florida
to designate the Indian River County Problem Solving Courts, which consist of the
Drug Court, Mental Health Court, and Veterans Treatment Court as a Fund
recipient, and to receive an allocation of up to $25,000 for Fiscal Year 2017-2018
for drug testing and drug treatment for program participants.
Wendy Parent, Mental Health Court, explained that the funds would be used to help
defendants who cannot afford program costs. County Administrator Jason Brown
confirmed that the Fund was designed to be used for this purpose.
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Board of County Commissioners Meeting Minutes - Draft December 19, 2017
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to approve for the Fiscal Year 2017-2018, to designate the Indian River County
Problem Solving Courts as a chosen program recipient to receive up to $25,000 from
the Alcohol and Other Drug Abuse Trust Fund for use for substance abuse treatment
and testing for the Drug Court, Mental Health and Veteran Treatment Court
participants in Indian River County that are indigent. In the event the defendants
have the ability, they will be required to reimburse the funds. All applicants, testing,
and treatment would be preapproved by the presiding judge and team, and submitted
for reimbursement monthly or quarterly. The motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
B. PUBLIC DISCUSSION ITEMS
C. PUBLIC NOTICE ITEMS
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budtet
F. Public Works
G Utilities Services
13. COUNTY ATTORNEY MATTERS
Indian River County Florida Page 8
Board of County Commissioners Meeting Minutes - Draft
December 19, 2017
13.A. 17-1289 Conveyance of Right -Of -Way Parcels to the Florida Department of
Transportation for the SR 60/43rd Avenue Project
Recommended Action: Staff recommends the Board of County Commissioners approve the conveyance of
the six parcels to the Florida Department of Transportation for the SR 60/43rd
Avenue Project and approve the Resolution authorizing the Chairman to execute the
County Deed on behalf of the Board.
Attachments: Staff Report
Right -Of -Way Maps
County Deed
Resolution
Deputy County Attorney Bill DeBraal reviewed information pertaining to the
County's Grant Program Locally Funded Agreement (Incentive Agreement) with
the Florida Department of Transportation (FDOT). He explained that the County
had previously acquired numerous parcels near the State Road 60/43rd Avenue
intersection to be used as right-of-way for the intersection improvements (Project),
and that six parcels must now be conveyed to the FDOT. The six parcels to be
conveyed, either as a whole or in part, are as follows: Harbora, Lazy J, Historic
Dodgertown, and the former Mark's Mobil, Lennie's Lounge, and Mermaid Car
Wash.
Commissioner Zorc sought and received additional details about the Project from
Public Works Director Rich Szyprka.
Bob Johnson, Coral Wind Subdivision, voiced his concerns as to whether the
7 -Eleven store and Young's Market properties would be affected by the Project.
A motion was made by Commissioner Zorc, seconded by Commissioner Flescher, to
approve: (1) staffs recommendation; and (2) Resolution 2017-126, authorizing the
conveyance of certain parcels of property to the Florida Department of Transportation
to be used as right-of-way for the State Road 60/43rd Avenue Intersection
Improvement Project. The motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
U.B. 17-1305 Affordable Housing Advisory Committee Appointment
Recommended action: The County Attorney recommends that the Board review the applicant's application
and resume information which is on file in the Commissioners' front office area,
and determine whether to appoint him to fill the unexpired teen for the "Actively
engaged in residential home building industry" representative to the Affordable
Housing Advisory Committee.
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Board of County Commissioners Meeting Minutes - Final December 19, 2017
Attachments: Staff Report
Evan Esposito Application
County Attorney Dylan Reingold announced the vacancy on the Affordable
Housing Advisory Committee (the Committee) for the position of "Actively
Engaged in Residential Home Building Industry" representative. He asked the
Board to consider the appointment of Evan Esposito to the Committee.
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan, after
Board review of the applicant's application and resume information, to appoint Evan
Esposito to fill the unexpired term for the "Actively Engaged in Residential Home
Building Industry" representative to the Affordable Housing Advisory Committee. The
motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
13.C. 17-1307 Florida Development Finance Corporation Lawsuit (December 2017)
Recommended Action: The County Attorney's Office recommends that the Chair allow for public comment
on this matter and then have the Board vote to authorize the filing of a lawsuit
seeking an injunction against the issuance of any bonds until the Florida
Development Finance Corporation conducts a meeting in compliance with the
Sunshine Law.
Attachments: Staff Report
FDFC Letter -- December 14 2017
JLAC Letter - November 15 2017
County Attorney Dylan Reingold reported that on December 13, 2017, the Florida
Development Finance Corporation (FDFC) had scheduled an emergency meeting
for Monday, December 18, 2017 in Jacksonville to approve the $1.15 billion dollars
in private activity bonds for Phase II of the proposed All Aboard Florida Project
(the Project). He also disclosed that on Friday, December 15, 2017, the United
States Department of Transportation (USDOT) had issued the Record of Decision
(ROD) for the Project. Attorney Reingold conveyed that he had originally
requested authorization to file suit against the FDFC in the event they approved the
bonds on December 18. 2017; however, the meeting was subsequently cancelled.
He stated that in view of past incidents with the agencies, he was still seeking
Board authorization to file: (A) suit against the FDFC, in the event another meeting
is called in violation of law; and (B) should the County Attorney's Office deem it
good cause, against the USDOT Federal Railroad Administration (FRA) in
conjunction with issuance of the ROD.
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Board of County Commissioners Meeting Minutes - Final December 19, 2017
Commissioner Zorc sought and received information regarding permit approvals
that have not yet been issued for the pending All Aboard Florida Project.
Chairman O'Bryan confirmed with County Administrator Jason Brown that there
was a budget allocation for a potential lawsuit.
A motion was made by Commissioner Flescher, seconded by Commissioner Adams,
to authorize the County Attorney's Office, should the County Attorney's office believe
there is good cause, to: (1) file a lawsuit seeking an injunction against the issuance
of any bonds until the Florida Development Finance Corporation conducts a meeting
in compliance with the Sunshine Law; and (2) to file a lawsuit against the United
States Department of Transportation Federal Railroad Administration (FRA) in
conjunction with issuance of the Record of Decision. The motion carried by the
following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
14.A.1. 17-1294 Appointment of County Commission Representative To The Canvassing
Board for The 2018 General Election Cycle
Recommended Action: Recommend the Board vote to approve Commissioner Susan Adams as the
County Commission representative for the canvassing board for the 2018
General Election cycle.
Attachments: Commissioner's Memorandum
Letter from Supervisor of Elections
Chairman O'Bryan relayed the request of the Supervisor of Elections for the
Board of County Commissioners to appoint a County Commission
representative to the County Canvassing Board for the 2018 General Election
cycle. He stated that the Chairman customarily serves; however, he is
ineligible due to his plans to run for re-election to the County Commission. He
relayed his recommendation for the Board to appoint Commissioner Susan
Adams.
A motion was made by Commissioner Flescher, seconded by Chairman O'Bryan,
to approve Commissioner Susan Adams as the County Commission
representative for the Canvassing Board for the 2018 General Election cycle. The
motion carried by the following vote:
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Board of County Commissioners Meeting Minutes - Final December 19, 2017
Aye: 4 —Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: I — Vice Chairman Solari
Chairman O'Bryan asked the Board to select a Commissioner to serve as the County
Commission alternate to the Canvassing Board for the 2018 General Election cycle.
Commissioners Zorc and Flescher individually declared their reasons for being
ineligible to serve on the Canvassing Board.
Chairman O'Bryan therefore recommended that Commissioner Solari be designated
the alternate to the Canvassing Board.
A motion was made by Commissioner Adams, seconded by Commissioner Zorc, to
approve Commissioner Bob Solari as the County Commission alternate for the
Canvassing Board for the 2018 General Election cycle. The motion carried by the
following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
14.A.2. 17-1296 Request Board Support for the Sebastian Inlet Tax District Local Bill
Recommended Action: Request the Board to consider authorizing the Chairman to send a letter of support
for the Sebastian Inlet Tax District Local Bill
Attachments: Commissioner's Memorandum
Sebastian Inlet Tax District Local Bill Information
Chairman O'Bryan reported that currently, there is confusion about the governance
of the north and south jetty at the Sebastian Inlet. He explained that the Sebastian
Inlet Tax District (the District) has submitted a local Bill to the State Legislature,
clarifying that it is the District's responsibility to protect and maintain District
facilities, including the north and south jetty. Chairman O'Bryan relayed that
Senator Debbie Mayfield and Representative Erin Grall have voted to approve the
Bill, and requested Board authorization to send a letter of support for the Sebastian
Inlet Tax District Local Bill.
A motion was made by Commissioner Adams, seconded by Commissioner Zorc, to
authorize the Chairman to send a letter of support for the Sebastian Inlet Tax District
Local Bill. The motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
B. Commissioner Bob Solari, Vice Chairman
Indian River County Florida Page 12
Board of County Commissioners Meeting Minutes - Final December 19, 2017
C. Commissioner Susan Adams
D. Commissioner Joseph E. Flescher
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those
minutes will be approved at an upcoming Solid Waste Disposal District meeting.
15.13.1. 17-1268 Approval of Minutes Meeting of October 17, 2017
Recommended Action: Approve
Attachments: 10172 017 S W D D
A motion was made by Commissioner Flescher, seconded by Commissioner
Adams, to approve the Solid Waste Disposal District meeting minutes of October
17, 2017, as written. The motion carried by the following vote:
Aye: 4 - Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
15.13.2. 17-1301 Conveyance of Materials to the School District of Indian River County
Recommended Action: Staff recommends the Solid Waste Disposal District Board adopt and authorize
the Chairman to sign the resolution to approve the conveyance of recycling
materials for the recycling pilot program to the School District of Indian River
County.
Attachments: Staff Report
Conveyance Resolution
ExhibitA--materials list
Stephanie Fonvielle, Education and Marketing Coordinator, stated that the Solid
Waste Disposal District has received two grants which have provided funding
for recycling containers and tools that will be used in a recycling pilot program
at Storm Grove Middle School, Vero Beach High School's Freshman Learning
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Board of County Commissioners Meeting Minutes - Final December 19, 2017
Center, Rosewood Magnet Elementary School, and Pelican Island Elementary
School. She explained how the program would work, and advised that the
recycling materials need to be transferred to the Indian River County School
District. The pilot program will be initiated on January 8, 2018 through
January 12, 2018.
A motion was made by Commissioner Adams, seconded by Commissioner Zorc,
to approve and authorize the Chairman to execute Resolution 2017-001SWDD,
approving conveyance of recycling materials for a recycling program to the
School District of Indian River County. The motion carried by the following vote:
Aye: 4- Chairman O'Bryan, Commissioner Adams, Commissioner Flescher, and
Commissioner Zorc
Absent: 1 - Vice Chairman Solari
C. Environmental Control Board
16. ADJOURNMENT
There was no further business, and the Chairman adjourned the meeting at 10:06 a.m.
Indian River County Florida Page 14
Board of County Commissioners
ATTEST:
Jeffrey R. mith, CA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
BCC/MG/2017 Minutes
Meeting Minutes— Final December 19, 2017
Approved: January 23, 2018
Indian River County Florida Page 15