HomeMy WebLinkAbout10/21/2014BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 21, 2014
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY
COMMISSIONERS
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
DISTRICT
District 4 Present
District 1 Present
District 2 Present
District 5 Present
District 3 Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Present
Present
Present
Present
40 1' CALL TO ORDER 9:00 A.M.
2.
3.
4.
INVOCATION
PLEDGE OF ALLEGIANCE
Stan Boling, Community Development Director
Commissioner Tim Zorc
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 Delete: Item 8.K. Certificate of Public Convenience and Necessity for ACTS
a.m. Indian River Estates
5.
Delete: Item 14.A.1. Request for Water Hookup at 185 66th Avenue
ON MOTION by Commissioner Solari, SECONDED by Vice Chairman Davis,
the Board unanimously approved the Agenda as amended.
PROCLAMATIONS and PRESENTATIONS
None
PAGE
Board of County Commission Minutes 1
October 21, 2014
6.
APPROVAL OF MINUTES
9:03 A. Meeting of September 16, 2014
a.m.
7.
8.
B. Meeting of September 23, 2014
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board unanimously approved the minutes of
September 16 and September 23, 2014 as written.
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
CONSENT AGENDA
9:03 ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
a.m. Davis, the Board unanimously approved the Consent Agenda, pulling 8.D. for
discussion.
PAGE
A. Approval of Warrants — October 4, 2014 to October 9, 2014
(memorandum dated October 9, 2014) 1-6
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Resolution Canceling Taxes on Property Purchased for 66th Avenue Right -
of -Way and Stormwater Retention from Brian R. Hood, a/k/a/ Brian Hood
(memorandum dated October 14, 2014)
7-12
Approved Resolution 2014-096, cancelling certain taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
C. Resolution Canceling Taxes on Property Acquired for 66th Avenue Right -of -
Way from Three Dogs & A Horse, LLC
(memorandum dated October 14, 2014)
13-18
Approved Resolution 2014-097, cancelling certain taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
9:04 D. Permission to File Lawsuit for Possession of Mobile Horne
a.m.
(memorandum dated October 15, 2014) 19-20
Deputy County Attorney Bill DeBraal stated this matter pertains to a
mobile home that was purchased by Deloris Swiger Moore under the
Hurricane Housing Repair Program (HHRP), and set up at Whispering
Palms Mobile Home Community and RV Resort. He reported that Ms.
Moore has passed away, and that staff had originally recommended
filing a lawsuit in replevin to protect the County's lien interest in the
home, but is now asking to file a probate action and have the sole
surviving heir sign off on the Moore estate.
Board of County Commission Minutes 2
October 21, 2014
ON MOTION by Commissioner Solari, SECONDED by Chairman
O'Bryan, the Board unanimously: (1) authorized the County Attorney's
Office to file a Summary of Estate in Probate Court, and have the sole
surviving heir sign off on the Deloris Swiger Moore Estate, to protect
the County's lien interest in the mobile home formerly owned by Deloris
Swiger Moore; and (2) authorized the sale of said mobile home, in
accordance with County Purchasing Manual guidelines, once the title is
in the County's name.
E. Request for the Board of County Commissioners to Enter into a Public
Transportation Joint Participation Agreement (JPA) with the Florida
Department of Transportation (Public Transportation Block Grant)
(memorandum dated October 9, 2014)
21-47
Approved: (1) the Public Transportation Joint Participation Agreement
for Public Transportation Block Grant funds; and (2) Resolution 2014-
098, authorizing the execution of a Public Transportation Agreement
with the Florida Department of Transportation.
F. Request for the Board of County Commissioners to Enter into a Public
Transportation Joint Participation Agreement (JPA) with the Florida
Department of Transportation (Formula Grants for Rural Areas)
(memorandum dated October 10, 2014)
48-73
Approved: (1) the Public Transportation Joint Participation Agreement
for Formula Grants for Rural Areas; and (2) Resolution 2014-099,
authorizing the execution of a Public Transportation Agreement with
the Florida Department of Transportation.
G. Approval of Extension to Agreement with Florida Environmental
Consulting, Inc. to Maintain and Operate the West Regional Wetlands
System
(memorandum dated October 10, 2014)
74-76
Approved the First Extension of Contract Agreement with Florida
Environmental Consulting, Inc., and authorized the Chairman to
execute it after the County Attorney has approved the agreement as to
form and legal sufficiency.
H. Acceptance of Resignation of Day Labor Contractor
(memorandum dated October 13, 2014) 77-79
(1) Accepted the resignation of A & Associates of West Palm Beach
effective immediately; and (2) authorized the Purchasing Division to
increase the current Road and Bridge Division blanket Purchase Order
for day labor services to Labor Ready of Ft. Pierce to $100,000 to
facilitate work through the period of rebid and contract award.
Board of County Commission Minutes 3
October 21, 2014
I. Approval of Award for Bid 2015004 — Annual Bid for Aluminum Sign
Blanks
(memorandum dated October 10, 2014)
(1) Approved bid award to Universal Signs & Accessories of Ft. Pierce,
Fl., as the lowest most responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; (2) authorized the
Purchasing Division to issue blanket purchase orders for the period of
October 21, 2014 through September 30, 2015 to the recommended
bidder; and (3) authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to satisfactory
performance, vendor acceptance, and the determination that renewal of
this annual bid is in the best interest of Indian River County.
J. Final Payment and Release of Retainage to Duininck Inc. for IRC Bid
#2014024, Sandridge Golf Club's Dunes Course
(memorandum dated October 13, 2014)
80-81•
82-86
Approved the final payment request and release of retainage by
authorizing the release of the $70,480 to Duininck, Inc.
K. Approval of Renewal for a Class "El" Certificate of Public Convenience and
Necessity for ACTS, Indian River Estates, to Provide Wheelchair Services
(memorandum dated October 14, 2014)
87-97
Deleted.
L. Declaration of Excess Equipment as Surplus for Sale or Disposal
(memorandum dated October 14, 2014) 98-102
0
(1) Declared items on the Excess Equipment List as surplus; and (2)
authorized their sale and/or disposal.
M. Work Order No. 8 with Masteller & Moler, Inc., for a New Package
Wastewater Treatment Plant -Design & Permitting at Blue Cypress Lake
(memorandum dated October 13, 2014)
103-110
Approved Work Order No. 8 with Masteller & Moler, Inc., in the
amount of $40,320.00 for Professional Services which includes
evaluation and proposal for solutions for the tanks at the Blue Cypress
Lake Wastewater Treatment plant.
N. Award of Bid No: 2014051 Roseland Lake Clearing and Dredging IRC
Project No. 1219
(memorandum dated October 13, 2014)
111-121
(1) Approved the bid award to Mancil's Tractor Service, in the amount
of $183,570.00; (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.
Board of County Commission Minutes 4
October 21, 2014
O. Interfund Borrowing — Fiscal Year 2013/2014
(memorandum dated October 15, 2014) 122-123
• Approved for interfund borrowing as necessary to cover any cash
deficits of individual funds that may occur.
9.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:05 A. Indian River County Sheriff Deryl Loar
a.m. State Criminal Alien Assistance Program
(letter dated October 9, 2014)
10.
•
124
Sheriff Loar provided background on the State Criminal Alien
Assistance Program (SCAAP) that is administered by the Department of
Justice's Bureau of Justice Assistance (BJA). He requested that the
Board release to the Sheriffs Office, the funds it received from the BJA,
to be used for correctional purposes.
ON MOTION by Vice Chairman Davis, SECONDED by Commissioner
Flescher, the Board unanimously approved a budget amendment to
transfer $50,885.00 received in its bank account from the Bureau of
Justice Assistance (BJA), into Corrections Operating Expenses, to pay
the consulting firm, Justice Benefits, Inc. (JBI), and to augment funds
needed for inmate care.
PUBLIC ITEMS
A. PUBLIC HEARINGS
9:06 1. Indian River Land Trust, Inc.'s Request for Vacation of the
a.m. Mira -Mar Plat
(memorandum dated October 9, 2014)
125-133
(Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
As requested by the Chairman, Commissioners Flescher, Solari,
and Zorc disclosed that there had been no ex parte
communications, independent investigations, or site visits.
Chairman O'Bryan disclosed that he had visited the site prior to
becoming a County Commissioner. Vice Chairman Davis
advised that the Mira -Mar Plat was mentioned when he was
talking with individuals from the Land Trust. All five
Commissioners affirmed that they have an open mind and are
able to base their decisions on the evidence presented and the
applicable law.
The Deputy Clerk administered the Oath to all persons who
wished to speak at the hearing.
•
Board of County Commission Minutes 5
October 21, 2014
Community Development Director Stan Boling provided
background and analysis on the request of the Indian River
Land Trust to vacate the plat of Mira -Mar Subdivision that lies
in Indian River Shores. He thereafter presented staff's
recommendation for the Board to vacate said plat, and
authorize the Chairman to execute the Abandonment
Resolution.
The Chairman opened the Public Hearing; there were no
speakers, and the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2014-100, providing for the vacation of Mira -Mar
Subdivision, Plat Book 1, Page 85, Indian River County, said
land lying in Indian River County, Florida.
9:12 2. Ordinance Concerning Medical Marijuana
a.m. (memorandum dated October 13, 2014)
134-150
(Legislative)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS
ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
County Attorney Dylan Reingold recalled the Board's direction
on September 23, 2014, for his office to draft legislation
pertaining to the possible passage on November 4, 2014, of
Amendment 2 to the Florida Constitution, Use of Marijuana for
Certain Medical Conditions, and where applicable, to wrap
medical marijuana treatment centers into County Code,
Chapter 315, Pain Management Clinics and Controlled
Substances. He outlined several proposed amendments to
Chapter 315 as follows:
Change wording in Section 315.02(1)(e) Definitions, from "The
clinic does not prescribe
.." to "The clinic does not
prescribe marijuana or dispense controlled substances for the
treatment of pain..."
Change wording in Section 315.02(7) Definitions, from "...any
Medical Marijuana Treatment Center as defined by Article X,
..." to "...any Medical
Marijuana Treatment Center as defined below..."
Change wording in Section 315.04 Permit Required for Operation
of Pain Management Clinic, to conform to code language
adopted by the Board in July 2011.
Board of County Commission Minutes 6
October 21, 2014
•
Add to Section 315.04 Permit Required for Operation of Pain
Management Clinic, Subsection (2)(i) to stipulate the
qualifications for ownership of a Medical Marijuana Treatment
Center.
Attorney Reingold advised that the use of low
Tetrahydrocannabinol (THC) cannabis (Charlotte's Web), is
not regulated under Amendment 2, and that the zoning
regulations for Medical Marijuana Treatment Centers will be
discussed at public hearings on November 4 and November 18,
2014.
Sheriff Loar specified that in June 2014, the Governor signed a
bill legalizing the non -euphoric strain of marijuana (Charlotte's
Web), and that there will be five (5) State regulated
dispensaries.
Discussion ensued among the Commissioners on the medical
uses of Charlotte's Web, the possible unintended consequences
of legalizing marijuana, and the Board's pro -active stance in
adopting local legislation, should Amendment 2 pass. Each
Commissioner also elaborated on his opposition to Amendment
2.
The Chairman opened the Public Hearing.
Carol (inaudible), 3541 37th Street, sought and received
clarification on Amendment 2 and Charlotte's Web.
Attorney Reingold explained that Amendment 2 would allow
any form of medical cannabis to be dispensed; citizens already
have the right to seek the use of low -THC medical marijuana.
Chairman O'Bryan added that current State law allows the
Charlotte's Web to be purchased at one of the five State -
regulated distribution centers.
John Davis, 2400 3rd Place SW, stated that Charlotte's Web is
not effective for all medical conditions.
Sharon Kohler, 545 Honeysuckle Lane, asked the Board to hold
back its opinions and focus on the regulations that the County
will establish if Amendment 2 passes.
Gail Norris, 5558 N. Harbor Village Drive, wanted to see more
State-run distribution centers for ill persons who need
IICharlotte's Web.
Board of County Commission Minutes 7
October 21, 2014
10.
11.
9:56
a.m.
There were no additional speakers, and the Chairman closed
the Public Hearing.
MOTION WAS MADE by Vice Chairman Davis, SECONDED
by Commissioner Flescher, to ADOPT ORDINANCE 2014-018,
amended as follows: (1) change wording in Section 315.02(1)(e)
Definitions, from "The clinic does not prescribe marijuana or
dispense controlled substances for the treatment of pain..."; (2)
change wording in Section 315.02(7) Definitions, from "...any
Medical Marijuana Treatment Center as defined by Article X,
• ..." to "...any Medical
s
Marijuana Treatment Center as defined below..."; (3) change
wording in Section 315.04 Permit Required for Operation of Pain
Management Clinic, to conform to code language adopted by the
Board in July 2011; and (4) add to Section 315.04 Permit
Required for Operation of Pain Management Clinic, Subsection
(2)(i) to stipulate the qualifications for ownership of a Medical
Marijuana Treatment Center; AMENDING Chapter 315 of the
Code of Indian River County entitled "Indian River County
Pain Management Clinic and Controlled Substances
Ordinance" to include regulations and prohibitions of certain
activities relating to medical marijuana; and providing for
severability, codification and an effective date.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
Discussion on Legislative Priorities
(memorandum dated October 15, 2014)
A.
151-152
County Administrator Joseph Baird reviewed with the Board the
proposed list of legislative priorities for the 2015 Legislative Session, as
presented on page 152 of the agenda packet. He advocated removal of
one item, the Community Redevelopment Agency (CRA).
Board of County Commission Minutes 8
October 21, 2014
12.
10:02
a.m.
Commissioner Zorc requested to add to the priority list, Enterprise
Zone Reauthorization.
Commissioner Solari explained his request to change the Alternative
Water Supply Feasibility Study to the Alternative Water Supply
Project.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Solari, the Board unanimously approved the following
legislative priorities for the 2015 Legislative Session:
• Sale of City of Vero Beach Electric Facility to Florida Power &
Light
• Indian River Lagoon Projects, including North County Septic to
Sewer Conversion; Oyster Bed Project; Canal Water to West
Regional Wastewater Treatment Plant; and Alternative Water
Supply Project (changed from Alternative Water Supply
Feasibility Study; and any additional projects that may arise
• All Aboard Florida
• Florida State Statute Chapter 180 — Utility Service Areas (where
cities can reach out and create a franchise area and impose taxes
on it)
• County Funding of Court Related Functions — requirement for
1.5% annual increase in expenses
• Beach Renourishment Funding
• Reimbursement for Department of Juvenile Justice overcharges
• Support Zone Boundary Modification to Canaveral Port
Authority Foreign Trade Zone 136 to include areas located in
Indian River County
• Enterprise Zone Reauthorization
DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Meeting Dates for Proposed Medical Marijuana
Treatment Center Amendments to the County's Land Development
Regulations (LDRs)
(memorandum dated October 8, 2014)
153-154
Board of County Commission Minutes 9
October 21, 2014
12.
10:05
a.m.
B.
C.
D.
E.
Director Boling recalled the Board's direction on September 23,
2014 for staff to initiate a Land Development Regulation (LDR)
Amendment for medical marijuana dispensaries, to prepare for
the possible passage of Amendment 2, Use of Marijuana for
Certain Medical Conditions. He stated that two public hearings
must be held on the proposed amendment and recommended
holding the first public hearing at the regular November 4, 2014
County Commission Meeting, and the second public hearing at
a Special Call Meeting on November 18, 2014 at 5:01 p.m.
ON MOTION by Commissioner Solari, SECONDED by Vice
Chairman Davis, the Board unanimously approved to hold two
public hearings to consider the proposed LDR amendment
regarding medical marijuana zoning regulations: (1) the regular
Board of County Commission Tuesday, November 4, 2014; and
(2) a Special Call Meeting to be held on Tuesday, November 18,
2014 at 5:01 p.m.
Emergency Services
None
General Services
None
1.
2.
3.
Human Services
None
Sandridge Golf Club
None
Recreation
None
Human Resources
None
Office of Management and Budget
None
DEPARTMENTAL MATTERS
F.
Public Works
1. Fertilizer Compliance Update — Collective fertilizer inventory
research taken from retail stores in Indian River County
(memorandum dated October 7, 2014)
e
155-16
Board of County Commission Minutes
October 21, 2014
10
10:33
a.m.
Public Works Director Chris Mora recalled the Board's
adoption in August 2013 of Ordinance 2013-014, the Fertilizer
and Landscape Management Ordinance (the Fertilizer
Ordinance). He explained that the legislation mandated that a
compliant fertilizer product must contain a minimum of 50%
slow release nitrogen and 0% phosphorous. He also noted that
the Ordinance initiated a restricted season prohibiting fertilizer
application from June through September.
Stormwater Educator and Fertilizer Enforcement Officer
Alexis Thomas gave a PowerPoint Presentation (copy on file)
comparing the availability in retail stores of compliant turf
grass fertilizer products in April 2014 and September 2014.
She noted that there are almost twice as many compliant
products in stores now, compared to what was available in
April, and disclosed which shops stock the sixteen (16)
compliant fertilizer products.
Vice Chairman Davis requested that the information on the
compliant fertilizer products be published on the County's
website.
Commissioner Zorc asked staff to come back with further
information on measuring the nutrient content of water samples
taken from the Lagoon.
Vice Chairman Davis stated that fertilizer products should be
applied selectively, and recommended xeriscaping with
bahiagrass in the road medians.
The Chairman called a recess at 10:20 a.m., and reconvened the
meeting with all members present, at 10:33 a.m.
2. Oslo Boat Ramp
(memorandum dated October 15, 2014) 170
Chairman O'Bryan commended the public and the Board on
their input during the October 7, 2014 County Commission
Meeting at which the Oslo Boat Ramp Project (the Project) was
discussed at length.
Director of Public Works Chris Mora recapped the proposed
improvements to the Oslo Boat Ramp, which include paving
part of Oslo Road and muck removal from the existing boat
channel. He recalled that on October 7, 2014, Commissioner
Solari moved to delay the Oslo Boat Ramp Project for three to
• five years, and that an amendment was made to table the vote
Board of County Commission Minutes 11
October 21, 2014
on said motion; the Board is now scheduled to vote on the
motion.
Chairman O'Bryan invited public input from those who have
not previously addressed the Board on this matter:
Jan Mooney, 555 6th Street, questioned why any County
Commissioner would want to support the Project.
Jim Moyer, Martin County, 5215 SE Williams Way, Chair
Marine Resources Council Board, urged the Board to withdraw
from the Project.
Gail Norris, 5558 North Harbor Village Drive, asked the Board
to table this matter permanently, not to postpone it.
Patricia Gibbons, 2050 Pine Creek Blvd., urged the Board to
stop the Project.
Buffy Turner, 411 6th Road SW, clarified that over 1000 persons
from the County signed the petition that was submitted at the
October 7, 2014 Board meeting, asking the Board not to
undertake the Project.
Janice Broda, 12396 A1A, discussed the costs of the Project thus
far, and questioned how impact fees can be used as a funding
source for a project that does not expand capacity.
Chairman O'Bryan read into the record, a letter of support (on
file) for the Project from Gary Reinhart, President Professional
Outfitters.
Commissioner Flescher discussed his exploration of the Oslo
Boat Ramp site during a recent boat trip with Dr. Gilmore and
Lange Skyes. He wanted the environmentally sensitive area to
be preserved for future generations, and advocated tabling the
Oslo Boat Ramp Project on a permanent basis.
Vice Chairman Davis declared his preference to move forward
with the enhancements that will facilitate boat launching, but to
extract the paving portion of the Project.
Commissioner Solari stressed that no one was sure what is
causing the decline in the health of the Lagoon, and he wanted
to spend the County's resources on proactive measures that
would definitely improve the health of the estuary. He
suggested delaying the Project for three to five years, at which
Board of County Commission Minutes 12
October 21, 2014
G.
11:45
a.m.
time the County will have more information on the best way to
restore the Lagoon ecosystem.
Commissioner Zorc inquired whether there were any other
County -owned boat ramps near the Oslo site.
Director Mora advised that the closest County site is in
Wabasso.
Chairman O'Bryan agreed with Ms. Broda that impact fees
should be replaced by another funding source for the Project,
but refuted other arguments that had been presented against
the Project today, and on October 7, 2014. He read quotes from
environmental agencies and experts describing the benefits of
muck removal, and foresaw that the muck and turbidity in the
channel would harm the seagrasses.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Zorc, by a 3-2 vote (Commissioners O'Bryan and
Davis opposed), the Board TABLED the Oslo Road Project for
three to five years.
Commissioner Zorc felt that there needs to be some type of
facility where recreational users can access the Lagoon. He
relayed that some individuals have offered to do some research
on fmding a suitable site within the County, for that purpose.
The Chairman called a recess at 11:36 a.m., and reconvened the
meeting with all members present, at 11:44 a.m.
Utilities Services
1. North Sebastian Sewer Design — Commercial Area of Phase 1
(memorandum dated October 13, 2014)
171-183
Director of Utility Services Vincent Burke recalled the Board's
tentative approval on September 16, 2014, of Work Order No. 7
to Masteller & Moler, Inc. (M&M) for professional services for
the North Sebastian Sewer and Water Main Design Project. He
explained that the approval was contingent upon the City of
Sebastian's (the City's) approval of the Interlocal Agreement,
and that the City Council at this time is not in favor of the 60/40
cost -share outlined in the Interlocal Agreement. After outlining
the Board's possible options for proceeding or for terminating
the project, Director Burke relayed staff's recommendation for
the County to accept the full financial burden and continue with
the design services to move the project forward.
Board of County Commission Minutes 13
October 21, 2014
13.
Vice Chairman Davis advocated moving the Project forward for
two key reasons: the environment and the economy.
Discussion followed on the inequities between the costs that
County and City utility customers would pay in association with
the Project, and the County's potential to secure grants to help
with the costs. Several Commissioners voiced support for
getting the Project shovel ready.
MOTION WAS MADE by Vice Chairman Davis, SECONDED
by Commissioner Zorc, to approve Work Order No. 7,
authorizing the professional services for the Gravity Sewer
Project for North County/Sebastian Commercial Areas, and
authorized the Chairman to execute same for a sum amount of
$152,220.00 to Mastelier & Moler, Inc.
Commission Flescher sought and received confirmation that the
City can decide at any point to participate in the cost -share for
the design services.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
COUNTY ATTORNEY MATTERS
11:58 A. All Aboard Florida Draft Environmental Impact Statement
a.m. (memorandum dated October 13, 2014) 184-186
•
Attorney Reingold reported that All Aboard Florida's Draft
Environmental Impact Statement (DEIS) was released on September
19, 2014, and that the County Attorney's office has been reviewing the
document, along with outside counsel Kevin Healy of Bryan Cave LLP,
and other consultants. He provided an overview of the issues that were
thus far identified as not being adequately examined in the DEIS, and
said that the review team questioned the fundamental soundness of the
document. He reported that after further review, he will present
detailed comments on the DEIS for the Board's consideration at the
November 18, 2014 County Commission meeting; the comments will
thereafter be submitted to the Federal Railroad Administration (FRA)
by the December 3, 2014 deadline.
Chairman O'Bryan requested that Attorney Reingold's report include
suggestions about possible actions and costs associated with endeavors
to stop the All Aboard Florida Project.
Board of County Commission Minutes 14
October 21, 2014
•
14.
12:05
p.m.
15.
COMMISSIONERS MATTERS
A.
B.
C.
D.
E.
Commissioner Peter D. O'Bryan, Chairman
1. Request for Water Hookup at 185 66th Avenue
(memorandum dated October 15, 2014)
187-192
Deleted
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Bob Solari
None
Commissioner Tim Zorc
1. Update on the October 16, 2014 Florida Municipal Power Agency
Meeting
(memorandum dated October 17, 2014)
193
Commissioner Zorc provided an overview of the October 16,
2014 Board Meeting of the Florida Municipal Power Agency
(FMPA). He commented on FMPA's budget and hierarchy,
and spoke to the Orlando Utilities Commission's (OUC)
proposed cost increases (up to 10%) for generating power. He
also suggested adding to the Board's list of legislative priorities,
the need to impose some type of legislative or other external
oversight on FMPA.
A brief discussion ensued regarding the Auditor "General's audit
of FMPA, and OUC's cost increase to produce power.
Chairman O'Bryan noted that the Joint Public Meeting of the
Town of Indian River Shores Town Council, Vero Beach City
Council, and the Board of County Commissioners, regarding
the City of Vero Beach Electric Utility, will be held at 9:00 a.m.,
on October 28, 2014, at the Richardson Center of Indian River
State College.
SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
Board of County Commission Minutes 15
October 21, 2014
15.
SPECIAL DISTRICTS AND BOARDS PAGE
12:15 B.
p.m.
16.
C.
Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are available separately.
1. Approval of Minutes September 16, 2014 Final Budget Hearing
2. Approval of Minutes Regular Meeting of September 16, 2014
3. Approval of Minutes Regular Meeting of September 23, 2014
4. Final Pay for Work Order #1 to Neel -Schaffer, Inc. 2014 Solid
Waste Master Plan Update
(memorandum dated October 13, 2014)
194-203
5. Final Pay to Republic Services for Material Recovery Facility
Improvements
(memorandum dated October 13, 2014)
204-208
Environmental Control Board
None
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:19 p.m.
A
Jeffrey R. Smith, CPA, CGFG,CG }'rYT : mss: y S. Davis, Chairman
�;..
Clerk of Circuit Court and Coup•
•�' e� .
,f.R','��o;
Approved DEC 0 2 2014
By /�
Deputy Cl
BCC/MG/2014Minutes
Board of County Commission Minutes 16
October 21, 2014