HomeMy WebLinkAbout05/19/2015 (2) BOARD OF COUNTY
COMMISSIONERS
r�Q �' INDIAN RIVER COUNTY, FLORIDA
, REGULAR MEETING MINUTES
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TUESDAY, MAY 19, 2015
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', * Commission Chambers
Indian River County Administration Complex
4l-, 01Z1V ' 1801 27th Street, Building A
— Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S.Davis, Chairman District 1 Present Joseph A.Baird, County Administrator Present
Bob Solari,Vice Chairman District 5 Present Dylan Reingold, County Attorney Present
Joseph E.Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Present
Peter D. O'Bryan District 4 Present Court and Comptroller
Tim Zorc District 3 Present Maureen Gelfo,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:02 Delete: Item 5.A. Proclamation and Retirement Award Honoring Timothy
a.m. Persky
Delete: Item 8.N. Answer to Lawsuit on Blue Cypress Lake Stilt Houses
Add: Item 10.B.1. Request to Speak from Phyllis Frey – All Aboard Florida/
Florida East Coast Railway Safety Issues
Delete: Item 13.C. Amended Agreement for Purchase and Sale of Real Estate at
4560 67th Avenue, Vero Beach, Randy and Linda Kurpil, Owners
Board of County Commission Meeting Page 1
May 19,2015
Delete: Item 14.A.1. Chairman Davis - Vero Village Utility Account
Add: Item 15.A.2. Emergency Services — Fire Station No. 7 on Ranch Road
(82°d Avenue)
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously approved the agenda as amended.
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award Honoring Timothy
Persky on His Retirement from Indian River County Board of County
Commissioners Department of Emergency Services/Fire Rescue with Thirty-
Three Years of Service 1-2
Deleted
9:03 B. Presentation of Proclamation Designating the Week of May 17 — 23, 2015,
as Emergency Medical Services Week
a.m. 3
Commissioner Zorc read and presented the Proclamation to Assistant
Fire Chief Brian Burkeen.
6. APPROVAL OF MINUTES
A. Regular Meeting of April 21, 2015
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously approved the
regular meeting minutes of April 21, 2015 as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Resignation to Treasure Coast Regional Planning Council
(memorandum dated May 11, 2015) 4-5
Noted for the record was the resignation, effective immediately, of
Vice Chairman Bob Solari from the Treasure Coast Regional
Planning Council.
B. Construction Board of Adjustment and Appeals Committee Vacancy
(memorandum dated May 11, 2015) 6-7
Noted for the record was the resignation, effective May 7, 2015, of
Larry T. Hall from the Construction Board of Adjustment and
Appeals.
Board of County Commission Meeting Page 2
May 19,2015
C. Proclamation and Retirement Award Honoring Patrick Keeler on His
Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Thirty Years of
Service 8-9
D. Proclamation and Retirement Award Honoring Robert S. Cox on His
Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Thirty-Three
Years of Service 10-11
E. Proclamation and Retirement Award Honoring Victor Dixon on His
Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Thirty Years of
Service 12-13
F. Florida Department of Transportation Public Hearing Announcement
(letter dated May 8, 2015) 14-15
Noted for the record was the public hearing on the proposed
improvements to SR 5/US 1 from south of 53r Street to North of
CR 510 for a length of approximately 4.7 miles.
G. Florida Public Service Commission Notice of Final Order: (1) Denying
Florida Industrial Power Users Group's Motion to dismiss in its
entirety; (2) Approving Duke Energy Florida, Inc.'s request to end the
levy nuclear project fix rate component; (3) Declining to take action on
Duke Energy Florida, Inc.'s request to defer collection Levy Nuclear
project cost; and (4) Approving Duke Energy Florida, Inc.'s revised
Tariff Sheet No. 6.105, has been received and is available for review in
the Office of the Clerk to the Board
8. CONSENT AGENDA
9:07 ON MOTION by Commissioner Flescher, SECONDED by Chairman Davis, the
a.m. Board unanimously approved the Consent Agenda, pulling Item 8.J. for
discussion.
A. Approval of Warrants—May 1, 2015 to May 7, 2015
(memorandum dated May 7, 2015) 16-24
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Release of Retainage—Work Order No. 1 Morgan & Eklund, Inc. 2014
Beach Profile Monitoring Surveys
(memorandum dated May 11, 2015) 25-27
Approved the release of all withheld retainage to Morgan & Eklund,
Inc., under Work Order No. 1, in the amount of$4,950.00.
Board of County Commission Meeting Page 3
May 19,2015
C. Change Order No.1 and Release of Retainage, Roseland Lake Clearing
and Dredging, IRC Project No. 1219, Bid No: 2014051
(memorandum dated May 8, 2015) 28-37
Approved Change Order No. 1 and payment of Mancil's Tractor
Service, Inc. Pay Application No. 4 (Final) for release of retainage in
the amount of$16,485.00.
D. Local Option Gas Tax Distribution Percentages
(memorandum dated May 8, 2015) 38-39
Approved the 2015-2016 Revenue Distribution Percentages (as
presented on page 39 of the agenda package), effective October 1,
2015.
E. Traffic Signal Maintenance and Compensation Agreement with the
Florida Department of Transportation (FDOT)
(memorandum dated May 5, 2015) 40-54
Approved Resolution 2015-061 authorizing an agreement for traffic
signal maintenance and compensation.
F. Adoption of a Resolution Agreeing to Maintenance of the Trans-
Central Florida Rail Trail through the St. Sebastian Preserve State Park
(memorandum dated May 8, 2015) 55-65
Approved: (1) Resolution 2015-062 authorizing the execution of
District Four Maintenance Memorandum of Agreement for the
Trans-Central Florida Railroad Greenway from 104th Avenue to
North County, Regional Park FM #432574-2-52-01; and (2) authorized
staff to transmit the Resolution and Maintenance Memorandum of
Agreement to the Florida Department of Transportation.
G. Miscellaneous Budget Amendment 015
(memorandum dated May 13, 2015) 66-71
Approved Resolution 2015-063 amending the Fiscal Year 2014-2015
budget.
H. Work Order No.4 with Kimley Horn and Associates for Supervisory
Computer and Data Acquisition (SCADA) Upgrades at South RO and
North RO
(memorandum dated May 11, 2015) 72-79
(1) Approved Work Order No. 4 authorizing professional services;
and (2) authorized the Chairman to execute same on the Board's
behalf, for a lump sum amount of $119,650.00 to Kimley-Horn and
Associates.
Board of County Commission Meeting Page 4
May 19,2015
Award of Bid No: 2015034, Martin Luther King Walking Trail, IRC
Project No. 1413
(memorandum dated April 30, 2015) 80-90
(1) Approved the project award to Timothy Rose Contracting, Inc., in
the amount of $128,723.60; (2) approved the sample agreement; and
(3) authorized 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.
J. F.D.O.T. County Incentive Grant Program (CIGP) — Locally Funded
Agreement (LFA) and Resolution Authorizing the Chairman's
Signature for Right of Way Appraisal, Consultant, Acquisition, and
Relocation Services of Various Parcels for the Construction of
Intersection Improvements at SR-60 and 43rd Avenue and Authorizing
the Chairman's Signature for the Three Party Escrow Agreement, IRC
Project No. 0853, FPN—431759-1-4B/42/43/45-01
(memorandum dated April 27, 2015) 91-114
Commissioner O'Bryan noted that half of the 43rd Avenue Project
falls within the City of Vero Beach (the City) limits, but the 50/50 cost
share with the State is funded from the optional sales tax which is
collected in the unincorporated County. He wanted staff to ask the
City to participate in the local cost share.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Chairman Davis, to: (1) approve the Florida Department of
Transportation (FDOT) County Incentive Grant Program (CIPG) —
Locally Funded Agreement (LFA); (2) direct staff to request the City
of Vero Beach to participate in the cost-share agreement between
the County and the FDOT, wherein the County agrees to pay one-
half (1/2) of expenditures and the FDOT agrees to provide the
other one-half (1/2); and (3) approve Resolution 2015-064, with the
Florida Department of Transportation authorizing the Chairman's
execution of a County Incentive Grant Program — Locally Funded
Agreement and Three Party Escrow Agreement for right of way
appraisal, consultant, acquisition, and relocation services of various
parcels for the construction of intersection improvements at SR 60
and 43rd Avenue.
Public Works Director Chris Mora provided additional information
in response to Board questions on the project.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
Board of County Commission Meeting Page 5
May 19,2015
K. Amendment #7 to the Civil Engineering and Land Surveying
Agreement for Intersection Improvements at SR-60 and 43`d Avenue
and the Widening of 43rd Avenue from 18th Street to 26th Street with
Arcadis US, Inc., IRC Project No. 0853
(memorandum dated April 23, 2015) 115-145
Approved and authorized the Chairman to execute Amendment No. 7
with Arcadis US, Inc. (f/k/a/ Arcadis G&M, Inc.) for a lump sum fee
of$93,691.61.
L. F.D.O.T. Small County Outreach Program (SCOP) Agreement and
Resolution Authorizing the Chairman's Signature for Construction
(Resurfacing) and Construction Engineering Inspection (CEI) Services
of Old Dixie Highway from 71st Street to CR510 IRC Project No.
1138, FM 429567-1-58-0
(memorandum dated May 6, 2015) 146-169
Approved: (1) the Small County Outreach Program (SCOP)
Agreement; and (2) Resolution 2015-065, with the Florida
Department of Transportation authorizing the Chairman's execution
of a Small County Outreach Program Agreement for construction
(resurfacing) and construction engineering inspection (CEI) services
of Old Dixie Highway from 71st Street to CR510.
M. Indian River County v. William Ruetemann
(memorandum dated May 13, 2015) 170-174
Approved the Stipulation of Settlement with William Ruetemann,
with regards to Mr. Ruetemann's boat storage and repair activities.
N. Answer to Lawsuit on Blue Cypress Lake Stilt Houses
(memorandum dated May 13, 2015) 175-182
Deleted
O. First Amendment to Lease Agreement with AT&T Mobility for
Co-location on Tower at 1340 Old Dixie Highway Tower
(memorandum dated May 12, 2015) 183-187
Approved and authorized the Chairman to execute the First
Amendment to Lease Agreement with AT&T Mobility, LLC, for the
1340 Old Dixie Highway site, to provide for Verizon Wireless
Personal Communications LP, d/b/a/Verizon Wireless, to co-locate on
the tower.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
Board of County Commission Meeting Page 6
May 19,2015
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
9:13 1. Add: Phyllis Frey Request to Speak on Safety Issues Regarding
a.m. All Aboard Florida (AAF) and Florida East Coast Railway (FEC)
Phyllis Frey, 275 Date Palm Road, used a photo display to
support her presentation on safety issues pertaining to All
Aboard Florida (AAF) and Florida East Coast Railway
(FECR). Her concerns centered on the proposal to run 32
high speed passenger trains on the same tracks as freight
trains transporting hazardous materials. She spoke to the
recent increase in rail accidents and the increased likelihood
of accidents and deaths if AAF transpires.
C. PUBLIC NOTICE ITEMS
9:18 1. Notice of Scheduled Public Hearing June 2, 2015:
a.m. Consideration of Proposed Amendments to the Heavy
Commercial (CH), Light Industrial (IL), and General Industrial
(IG) Maximum Building Coverage Regulations Chapter 911
(Legislative)
(memorandum dated May 11, 2015) 188
2. Notice of Scheduled Public Hearing June 2, 2015:
Second Public Hearing for a Community Development Block
Grant (CDBG)
(Legislative)
(memorandum dated May 11, 2015) 189
County Attorney Dylan Reingold read the notices into the
record.
Commissioner O'Bryan requested that staff ensure that the
notice for the second hearing is provided to individuals on the
Gifford Community email list.
11. COUNTY ADMINISTRATOR MATTERS
None
Board of County Commission Meeting Page 7
May 19,2015
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
1. Human Services
None
2. Sandridge Golf Club
None
3. Recreation
None
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
Board of County Commission Meeting Page 8
May 19,2015
13. COUNTY ATTORNEY MATTERS
9:20 A. Economic Development Council Committee Vacancy Appointment
a.m. (memorandum dated May 11, 2015)
190-195
County Attorney Dylan Reingold announced that there was one
qualified applicant, Daniel R. Richey, for the "Local Citrus
Industry" vacancy on the Economic Development Council
Committee.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, after having reviewed the applicant's resume, the
Board unanimously appointed Daniel R. Richey to fill the unexpired
term for the "Local Citrus Industry" representative to the Economic
Development Council.
9:21 B. First Amendment to Guardian Ad Litem Interlocal Agreement
a.m. (memorandum dated May 11, 2015)
196-203
Attorney Reingold provided background on the Guardian Ad Litem
Agreement with the Clerk of the Circuit Court for St. Lucie County,
Indian River County, Martin County, Okeechobee County, and St.
Lucie County. He stated that the amendment would allow for St.
Lucie's administrative costs to be reimbursed consistent with the St.
Lucie County cost allocation program, and presented staff's
recommendation for Board approval.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board unanimously: (1) approved the proposed
Amendment to the Interlocal Agreement (ILA) by and between the
Guardian Ad Litem for the Nineteenth Judicial Circuit, Clerk of the
Circuit Court for St. Lucie County, Florida; Indian River County,
Martin County, Okeechobee County, and St. Lucie County; and (2)
authorized the Chairman of the Board to execute any documents
necessary to effectuate the ILA.
C. Amended Agreement for Purchase and Sale of Real Estate at 4560 67th
Avenue, Vero Beach, Randy and Linda Kurpil, Owners
(memorandum dated May 13, 2015) 204-215
Deleted
Board of County Commission Meeting Page 9
May 19,2015
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
1. Vero Village Utility Account
(memorandum dated May 5, 2015) 216-219
Deleted
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Brvan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
The Board reconvened as the Board of Commissioners of the
Emergency Services District. Those Minutes are available
separately.
9:22 1. Approval of Amended Work Order No. 1 for Renovations on Fire
a.m. Rescue Station#1 (1500 Old Dixie)
(memorandum dated May 13, 2015) 220-233
2. Addition: Fire Station No. 7 on Ranch Road (82nd Avenue)
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are available separately.
9:38 1. Approval of Minutes Meeting of April 21, 2015
a.m.
9:39 2. Recycling Update for the Town of Indian River Shores
a.m. (memorandum dated May 11, 2015) 234-236
Board of County Commission Meeting Page 10
May 19,2015
9:49 3. Work Order CCNA-2015 WO No. 2 to Geosyntec for One Year
a.m. of Groundwater Monitoring/Reporting and Related Consulting
Services at the Former South Gifford Road Landfill
(memorandum dated May 8, 2015) 237-252
9:51 4. Amendment No. 1 to Work Order No. 10 to Geosyntec for
a.m. Continuation of Brownfield Assessment Work for the Former
South Gifford Road Landfill Site
(memorandum dated May 11, 2015) 253-260
9:54 5. Update on the Feasibility of Solid Waste Processing and
a.m. Recycling Services
(memorandum dated May 6, 2015) 261-270
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:07 a.m.
ATTEST: ./�A�F9'
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Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman ••': COut41
Clerk of Circuit Court and Comptroller
By: w, C/ , Approved: JUN 1 6 2015
Deputy Clerk
BCC/MG/201 5M inutes
Board of County Commission Meeting Page 11
May 19,2015