HomeMy WebLinkAbout04/14/2015 (2)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, APRIL 14, 2015
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
District 1 Present
District 5 Present
District 2 Present
District 4 Present
District 3 Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Terri Collins -Lister, Deputy Clerk
Present
Present
Present
Present
DVD
TIMES
1.
2.
3.
4.
9:01
a.m.
CALL TO ORDER 9:00 A.M.
INVOCATION
PLEDGE OF ALLEGIANCE
Deputy Teddy Floyd, Indian River County
Sheriff's Department
Commissioner Joseph E. Flescher
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Move: Commissioner Matters Item 14.B.1. to be heard following Item 5.C.
Add: Emergency Item: Commissioners Matters 14.D.1. - Medicaid Cap
Add: Item 15.A.1. Emergency Services District Update on Fire Stations
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Solari, the Board unanimously approved the agenda as amended.
PACKET
PAGES
Board of County Commission Minutes
April 14, 2015
Page 1
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Week of April 12 Through
April 18, 2015 As National Public Safety Telecommunications Week
Commissioner Flescher read and presented the Proclamation to Sheriff
Deryl Loar, Sandy Fox, Shelly Wright, Captain John Burdock and
Lieutenant Mark Buffington of the Indian River County Sheriff s
Office.
9:04
a.m.
9:15
a.m.
B. Presentation of Proposed Museum Area by Old Vero Ice Age Sites
Committee Board Members Bill Oufiero and Dann Jacobus
Bill Oufiero, Old Vero Ice Age Sites Committee (OVIASC) Board
Member, asked the Board for their consideration to display an Exhibit
on the second floor at the County Administration Building "A" of the
fossils, bones, and artifacts found at the Old Vero Ice Age Sites.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Chairman Davis, to direct staff to work with the Old Vero Ice Age
Committee for an exhibit to be displayed at the Indian River County
Administration Building "A", Second Floor.
Commissioner Solari was concerned how long they planned to display
the exhibit.
Mr. Oufiero advised that the OVIASC's goal was to have a museum in
ten years. Vice Chairman Solari was concerned with housing the
display more than a year, and suggested having a renewal option after a
year.
MOTION WAS AMENDED by Commissioner Flescher, SECONDED
by Chairman Davis, with the caveat that there is a renewal option for
the exhibit after it has been housed at the Administration Building for
one year.
The Board discussed the one-year renewal option and Attorney
Reingold offered to draw up a hold harmless agreement with the
OVIASC in regards to the exhibit.
The Chairman CALLED THE QUESTION on the Amended Motion,
and the Board unanimously approved to direct staff to work with the
Old Vero Ice Age Committee for an exhibit to be displayed at the Indian
River County Administration Building "A", second floor, with a
renewal option after a one-year period.
Board of County Commission Minutes
April 14, 2015
1
2-6
Page 2
9:20
a.m.
C. Presentation on Joint Legislative Audit Committee Meeting of March 30,
2015, by Glenn Heran
Glenn Heran, 1964 Grey Falcon Circle SW, in his PowerPoint
Presentation discussed: 1) Why the proposed sale of the City of Vero
Beach Electric to Florida Power & Light (FPL), and what was the delay
in the sale; 2) An update on the State of Florida Legislature regarding
the Florida Municipal Power Agency (FMPA) audit; and 3) Why a
valuation of the FMPA was essential to public transparency and
understanding FMPA exit costs.
Board comments followed and it was the Board's CONSENSUS to place
Mr. Heran's PowerPoint Presentation on the County's website.
Vice Chairman Solari summarized Mr. Heran's PowerPoint
Presentation and the issue in one paragraph, "The sale of Vero Electric
to FPL has been blocked because the FMPA has set a copious and
arbitrary exit price of $52 million, which is why a rational objective
valuation of FMPA's assets is necessary, in order to establish an exit
price for Vero Beach".
Dr. Stephen Faherty recommended asking the Florida Legislature to do
an expanded audit for the Auditor General and include a fair market
valuation of the power generation assets.
Chairman Davis wanted valuation of each municipality's share of
FMPA, instead of an audit.
General discussion ensued on the makeup of the FMPA Board and
laying the groundwork with the Legislature to get a valuation of each
municipality's share of the FMPA. Chairman Davis suggested Mr.
Heran's PowerPoint Presentation and his 2014 FMPA Value Asset
Spreadsheets be forwarded to other counties under FMPA to start the
conversation.
6. APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
Board of County Commission Minutes
April 14, 2015
Page 3
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis, the
Board unanimously approved the Consent Agenda, pulling Items 8F and 8H for
discussion.
10:13 A. Approval of Warrants — March 28, 2015 to April 2, 2015
a.m. (memorandum dated April 2, 2015)
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
10:15
a.m.
B. Out -Of -County Travel to Attend a TEFRA Hearing in Tallahassee
(memorandum dated April 7, 2015)
Approved out of County travel for Commissioners and staff to
attend the Tax Equity and Fiscal Responsibility Act Hearing in
Tallahassee on April 20, 2015 at 9:00 a.m.
C. Full Release of Retainage for Ecological Associates, Inc., Work Order
No. 4 — Sector 3 Beach Restoration — 2014 Post Construction
Monitoring Services
(memorandum dated April 7, 2015)
Approved the release of all withheld retainage for Work Order No.
4 to Ecological Associates, Inc., in the amount of $32,119.40
D. Release of Retainage for Ecological Associates, Inc., Work Order No. 5
— Sector 3 Dune Repair Project — Late Season Sea Turtle Monitoring
Services
(memorandum dated April 7,2015)
Approved the release of all withheld retainage for Work Order No.
5 to Ecological Associates, Inc., in the amount of $1,935.25
E. Work Order No. 1 — Engineering — Carter Associates, Inc., 41st
Street/US1 Intersection Improvements, Indian River Project No. 1359
(memorandum dated March 30, 2015)
Approved Work Order No. 1 to Carter Associates, Inc. for
professional services as outlined in the Scope of Services and
authorized the Chairman to execute same, for a lump sum amount
of $86,645.00.
F. Work Order No. 2 — Carter Associates, Inc., 74th Avenue — Oslo Road
to 12th Street Design Survey, Indian River County Project No. 1417
(memorandum dated March 27, 2015)
Commissioner O'Bryan stated there was a motion made at the
Metropolitan Planning Organization Meeting to direct staff to do a
detailed analysis of the traffic flow on 43rd Avenue and eventually
looking at extending the grid in the Southwest portion of the
County to offer additional bypass routes. He said it would cost an
additional $22,000 to extend the design survey with Carter and
Board of County Commission Minutes
April 14, 2015
7-13
14-16
17-19
20-22
23-35
36-46
Page 4
Associates, Inc., from 74th Avenue — Oslo Road to 17th Street SW
amending the work order from $56,780.00 to $78,780.00, available
through the Secondary Roads Gas Tax Trust Fund.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved and authorized
the Chairman to execute Work Order No. 2 to Carter Associates,
Inc., amending the scope of services and extending the design
survey to 17th Street SW in the amount of $22,000 and authorized
the County Administrator the power to act.
G. Request for Project Administration Consultant Approval for the New
Main Transit Hub
(memorandum dated March 26, 2015)
Approved the selection of CivilSury Design Group, Inc. as the
project administration consultant for GoLine's new main transit
hub, and authorized the Chairman to execute the same.
H. Professional Architectural and Engineering Services for Indian River
County Go -Line Bus Transfer Hub Facility, 1235 16th Street, Vero
Beach, RFQ No. 2014016 — IRC Project No. 1330
(memorandum dated March 25, 2015)
Commissioner Zorc stated the County had extended their Go -Line
Bus Transfer Lease with the Vero Beach Municipal Airport and
inquired on the targeted completion date of the new hub facility.
County Administrator Joe Baird stated the lease with the airport
was extended to May 7, 2017, in case of any delays with the new
Go -Line Bus Transfer Hub Facility and anticipated a completion
date in April 2017.
ON MOTION by Commissioner Zorc, SECONDED by
Commissioner Flescher, the Board unanimously approved the
proposed agreement with Schulke, Bittle, and Stoddard, LLC, in
the amount of $159,550.00 and authorized the Chairman to execute
the same.
I. Request for Use of Holman Stadium for Annual Sawbones vs.
Jawbones Event to be held on May 30, 2015
(memorandum dated April 1, 2015)
1) Approved the Indian River County Bar Association, Inc.'s
request for use of Holman Stadium for Annual Sawbones versus
Jawbones Event and waiver of the standard security deposit; 2)
Approved the Indian River County Hohnan Stadium Use
Agreement and authorized the Chairman to execute the same upon
receipt of the fully executed original Agreement including proof of
liability insurance.
47-74
75-97
98-110
Board of County Commission Minutes
April 14, 2015
Page 5
J. Request for purchase of Sodium Hypochlorite Tanks for the Central &
West Regional Wastewater Facilities
(memorandum dated April 6, 2015)
Approved to waive the requirement for bids and authorized the
Purchasing Department to issue a Purchase Order to Ryan Herco
Flow Solutions for $80,524.32 for the purchase of three 6,500
gallon Snyder Captor tanks and three Snyder 5,500 gallon VST
HDLPE tanks.
K. Amendment No. 1 to W.O. No. 8 — Engineering Services for a New
Package Waste Water Treatment Facility at the Blue Cypress
Wastewater Treatment Plant UCP -4107
(memorandum dated March 30, 2015)
Approved Amendment No. 1 to Work Order No. 8 to Masteller &
Moler, Inc., for professional services for a Blue Cypress New
Replacement Package Wastewater Treatment Facility in the
amount of $9,620.00, and authorized the Chairman to execute the
same.
L. Miscellaneous Budget Amendment 011
(memorandum dated March 31, 2015)
Approved RESOLUTION NO. 2015-048 amending the Fiscal Year
2014-2015 Budget.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10:19 A. Indian River County Sheriff Deryl Loar
a.m. Mental Health Court Update
(letter dated April 7, 2014)
Sheriff Deryl Loar updated the Board on the Mental Health Court
which opened on January 27, 2015, and meets on every other
Thursday. He was happy to report that during the first quarter, the
program has served a total of 15 clients to date and they were no
longer in jail.
Sheriff Loar reviewed the Mental Health Court process and expenses.
He indicated the Indian River County Sheriff's Office submitted an
application for the Second Chance Act Reentry Program for potential
funding in the amount of $231,575; however, there were over 100
applicants and only six grants would be awarded.
Sheriff Loar concluded Mental Health Court so far was a success and
indicated if every County in the State of Florida had a Mental Health
Court there would be reductions in crime and the costs of
incarcerating the mentally ill in jails or prisons.
111-112
113-119
120-124
Board of County Commission Minutes
April 14, 2015
125
Page 6
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Deann Ferrell, Career Source Research
Coast Youth Connections, Regarding Space for Youth Program
in Vero Beach
10:26 Deann Ferrell, with Henkels and McCoy, represents the
a.m. Career Source Research Coast Youth Connections Program,
which serves 16 to 21 year-old young adults to provide access
to services and activities that connect youth to jobs and
college. She inquired if the County had an 800 to 1000 square
foot space for the Youth Program at the Adult Education
Center in Gifford, because their current location at the
Harvest Food and Outreach was not conducive to the
demographics they serve.
Vice Chairman Solari suggested Ms. Ferrell pursue the
Indian River County School District for a possible location
for the Youth Connections Program.
Chairman Davis offered to follow up with Ms. Ferrell.
Clerk's Note: The Board broke from the regular Board of
County Commission Meeting at 10:30 a.m. to conduct the
Attorney -Client -Session, and returned at 11:23 a.m. to
continue with Item 12.E.1.
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
Board of County Commission Minutes
April 14, 2015
126
Page 7
12. DEPARTMENTAL MATTERS
11:23
a.m.
B.
C.
D.
E.
F.
G.
Emergency Services
General Services
None
1.
Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
Human Resources
None
Office of Management and Budget
1. Distinguished Budget Presentation Award Fiscal Year 2014/2015
(memorandum dated April 6, 2015)
Management and Budget Director Jason Brown announced
that the Government Finance Officers Association (GFOA)
has presented the Distinguished Budget Presentation Award
to the County for the twenty-fourth consecutive year, and
that the County's annual budget document was also accorded
Special Performance Measures Recognition.
The Board and County Administrator Joe Baird commended
Budget Director Brown and his staff for a job well done.
Public Works
None
Utilities Services
None
127-131
Board of County Commission Minutes
April 14, 2015
Page 8
13. COUNTY ATTORNEY MATTERS
A. Time Certain 10:30 a.m. Attorney -Client Session:
Ocean Concrete and George Maib vs. Indian River County, pending in
the Circuit Court of the Nineteenth Judicial Circuit, Case No.
2007011589-CA17
(memorandum dated April 6, 2015)
10:30 The Chairman read into the record the opening remarks of the
a.m. Attorney -Client Session scheduled for 10:30 a.m. The estimated time
of this session was 30 minutes. Those in attendance were
Commissioners Wesley S. Davis, Bob Solari, Peter D. O'Bryan,
Joseph E. Flescher, and Tim Zorc. Also present were County
Attorney Dylan Reingold, County Administrator Joseph A. Baird,
and Certified Court Reporter Greg Campbell.
11:29
a.m.
(Clerk's Note: the session lasted for 53 minutes, extending beyond the
estimated time of 30 minutes).
The Board reconvened in the Chambers at 11:23 a.m., and the
Chairman terminated the Attorney -Client Session and opened the
regular Board meeting, with all members present.
132
B. Interlocal Agreement with City of Vero Beach on Dodgertown Golf
Course
(memorandum dated April 6, 2015)
Attorney Reingold presented and detailed the Interlocal Agreement
with the City of Vero Beach (The City) on Dodgertown Golf Course,
which was approved at the April 7, 2015 City Council Meeting.
The Board sought and received information regarding the release of
certain contractual land use restrictions encumbering the
Dodgertown Golf Course property; the City's vision for the future;
and the possible impacts to the property.
Vice Chairman Solari expressed his hesitation related to the City's
obligation and referred to page 3 of 6 in the Interlocal Agreement,
Section B — City Obligations, Number 4, says, "....shall maintain
compatibility with the County's Baseball Facilities and other proposed
uses on the adjacent County property". Vice Chairman Solari wanted
to ensure that the County would not be faced with complaints about
noise/lights coming from Dodgertown, from prospective future
residents living on the property that had been acquired by the City.
Community Development Director Stan Boling addressed the
concerns of the Board and indicated the County and the City
Property for the Sports Complex had the same zoning. In
discussions he had with City staff, he related that the compatibility
condition in the Interlocal Agreement puts the County in the position
133-161
Board of County Commission Minutes
April 14, 2015
Page 9
of being a reviewing agency.
Vice Chairman Solari questioned if the County Administrator or
staff was confident that the Interlocal Agreement would not require
the County to change its present uses on the County's property, and
Administrator Baird stated staff used the strongest possible language
to address those concerns.
ON MOTION by Vice Chairman Solari, SECONDED by Chairman
Davis, the Board unanimously approved the Interlocal Agreement
with the City of Vero Beach on Dodgertown Golf Course and
authorized the Chairman to execute the same.
(Clerk's Note: this property was formerly known as Vero Beach Sports
Village)
Attorney Reingold thanked Director Boling and Public Works
Director Chris Mora for their work on negotiating the terms in the
Interlocal Agreement.
14. COMMISSIONERS MATTERS
A.
B.
10:08
a.m.
Commissioner Wesley S. Davis, Chairman
None
Commissioner Bob Solari, Vice Chairman
1. Auditor General and Florida Municipal Power Agency (FMPA)
(memorandum dated April 8, 2015)
Vice Chairman Solari asked for the Board's approval to
send a letter signed by the Chairman on behalf of the Board:
1) to the Chairman of the Joint Legislative Auditing
Committee (JLAC) along with a copy of the letter to all of its
members supportive of their review of the Auditor General's
audit of FMPA, and their efforts seeking implementation of
five actions outlined in the Florida Tax Watch report; and 2)
a Thank You letter to State Representative Debbie Mayfield
for: a) her work on the JLAC; and b) requesting an analysis
report from Florida Tax Watch regarding the FMPA's audit.
Vice Chairman Solari gave a brief overview of his proposed
letter to be sent to the JLAC Chairman and asked for the
Board's consideration to place links of the video from the
Joint Legislative Auditing Committee Meeting on the Indian
River County Website.
162-163
Board of County Commission Minutes
April 14, 2015
Page 10
11:44
a.m.
C.
D.
E.
A discussion ensued during which Chairman Davis
recommended sending a Thank You Letter to Florida Tax
Watch.
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, the Board unanimously approved to
authorize the Chairman on behalf of the Board: 1) to send
supportive letters and to request the implementation of the
five actions outlined in the Florida Tax Watch report to the
Chairman and Members of the Joint Legislative Auditing
Committee; 2) to send Thank you letters to State
Representative Debbie Mayfield, and Florida Tax Watch;
and 3) to place links of the video from the Joint Legislative
Auditing Committee Meeting on the Indian River County
Website.
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
1. Add: Medicaid Cap
Commissioner O'Bryan said the Medicaid Cap was an action
alert from the Florida Association of Counties (FAC). He
recapped that the County was transitioning on how the State
is reimbursed for Medicaid charges, going from an actual
cost allocation to an enrollment formula. He added that some
of the counties' cost share would increase significantly, and
the FAC was trying to work with the legislature to ask for a
3% cap each year on the growth of the individual Medicaid
cost.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Solari, the Board unanimously approved the
County Attorney to draft a Resolution requesting a 3% cap
and bring back to the Board at their April 21, 2015 meeting
for formal action.
Commissioner Tim Zorc
None
Board of County Commission Minutes Page 11
April 14, 2015
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
11:45 The Board reconvened as the Board of Commissioners of the
a.m. Emergency Services District. Those Minutes are available
separately.
B.
C.
1. Add: Update on Fire Stations
Solid Waste Disposal District
None
Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:54 a.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit ourt and Co Hp • ller
/, _ %Li/T
Y
Deput C— rk
Bv:
BCC/TCL/2015Minutes
Board of County Commission Minutes
April 14, 2015
Page 12