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HomeMy WebLinkAbout06/23/2015 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA rvaNTER REGULAR MEETING MINUTES TUESDAY,JUNE 23, 2015 \\,:: Commission Chambers Indian River County Administration Complex LORI' 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 Pastor Michael Ashburn, Global Fire Vero Beach Church—Freedom Center of Vero 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 9.02 ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman a.m. Solari, the Board unanimously approved the agenda as presented. 5. PROCLAMATIONS and PRESENTATIONS 9:03 A. Presentation of Proclamation and Retirement Award Honoring Michael L. Alexander on His Retirement from Indian River County Board of County a.m. Commissioners Department of General Services/Parks Division With Thirty Years of Service 1-2 Chairman Davis read and presented the Proclamation to Michael Alexander,who was accompanied by two family members. Assistant County Administrator Mike Zito commended Mr. Alexander on his dedication to the Parks Division. Board of County Commission Meeting Page 1 June 23,2015 9:10 B. Presentation of Proclamation and Retirement Award Honoring Timothy Persky on His Retirement from Indian River County Board of County a.m. Commissioners Department of Emergency Services/Fire Rescue with Thirty- Three Years of Service 3-4 Chairman Davis read and presented the Proclamation to Timothy Persky. Director of Emergency Services John King commended Mr. Persky on his dedication to the Emergency Services Department. 9:15 C. Presentation of Life Saving Awards—Department of Emergency Services a.m. (memorandum dated June 15, 2015) 5-22 Assistant Fire Chief Brian Burkeen, through a PowerPoint Presentation, relayed Dick Gower's story about his rescue on May 4, 2015, from a fall into a canal at 74th Avenue and 26th Street. The story describes how several citizens had come to Mr. Gower's assistance and worked together to pull him out of the canal. One of the rescuers, Curtis Carpenter, performed CPR on him, and then emergency personnel arrived and transported him to a trauma center. Dick and Ellen Gower expressed their deep appreciation for each individual who assisted in Mr. Gower's rescue. Each Board Member extended words of appreciation to the citizens and emergency services staff. Vice Chairman Solari explained that some of the people who were involved in the rescue could not be present today, but had already received their award. He thereafter, with assistance from Chairman Davis, presented the Life Saving Award to the following: Tori Cotton Curtis Carpenter Cesar Medina,who was accompanied by his son Lt. Steve Schraw Todd Porter, Engineer Brad Simons, Fire Medic Joseph Richter, Fire Medic Richard Dent, Fire Medic 9:44 D. Presentation of Proclamation Designating the Week of June 22, 2015, as a.m. Steve Fugate—Love Life Walk Appreciation Week 23 County Webmaster Scott Johnson presented a short video about Steve Fugate and his Love Life Walk across 48 states. Board of County Commission Meeting Page 2 June 23,2015 Commissioner Zorc read and presented the Proclamation to Steve Fugate. Mr. Fugate discussed his message to "Love Life." 9.51 E. Presentation by Curtis Paulisin, First Vice President, and Marty Zickert, Past President, on Behalf of the Veteran's Council of Indian River County on the a.m. Veteran's Outreach Program Golf Tournament Saturday, July 11, 2015 24-26 Veteran's Council of Indian River County First Vice President Curtis Paulisin and Past President Marty Zickert described the upcoming golf tournament on Saturday, July 11, 2015, at the Sandridge Golf Club. Mr. Paulisin announced that there will be an entry fee of $50.00, and proceeds would support programs for veterans. Commissioner Flescher stated that he and his fellow Board Members would be happy to assist with any sponsorships that may be needed. 10:00 F. Presentation of Florida Blue Foundation Sapphire Award to the Florida Department of Health in Indian River County by Jason Altmire, Chairman, a.m. Florida Blue Foundation Board of Directors Jason Altmire, Chairman, Florida Blue Foundation Board of Directors, reported that the Florida Department of Health in Indian River County (the Health Department), has received the Florida Blue Foundation Sapphire Award for its Protocol for Assessing Community Excellence for Environmental Health (PACE EH) program. He presented a video showing some of the actions taken by the Health Department, Sheriff's Deputy Teddy Floyd, volunteers, and community partners to address environmental concerns in the Gifford community. The Award was presented to the Health Department's Administrator, Miranda Hawker, and Environmental Health Coordinator, Julianne Price; Sheriff's Deputy Teddy Floyd; and citizens Tony Brown and Freddie Woolfork. J. Rock Tonkel reported that the Grand Harbor community has donated funds for benches and paving stones at the Martin Luther King Park. 6. APPROVAL OF MINUTES A. Regular Meeting of June 2, 2015 B. Regular Meeting of June 9, 2015 Board of County Commission Meeting Page 3 June 23,2015 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously approved the Regular Meeting Minutes of June 2, 2015 and June 9, 2015, as written. 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Town of Indian River Shores, City of Vero Beach, and Indian River County Mediation—May 1, 2015 Meeting Minutes 27-33 8. CONSENT AGENDA 10:16 ON MOTION by Commissioner Flescher, SECONDED by Commissioner a.m. O'Bryan, the Board unanimously approved the Consent Agenda, pulling Item 8.F. for discussion. A. Approval of Warrants—June 4, 2015 to June 11, 2015 (memorandum dated June 11, 2015) 34-43 Approved the list of warrants (checks) and wires as supplied by the Comptroller's office. B. Approval of Auditing Contract (memorandum dated June 8, 2015) 44-75 Approved the Independent Auditing Services Agreement for the reappointment of Rehmann Robson, LLC as the auditing firm for the next three fiscal years, with an option by the County for one two-year renewal. C. Mediated Settlement: James Pasqualone (memorandum dated June 12, 2015) 76 Approved the Mediated Settlement with former firefighter James Pasqualone in the amount of$135,000.00. D. Termination of Award—Custodial Services for County Buildings Group 3 (memorandum dated June 16, 2015) 77-97 (1) Authorized staff to make seven-day notice to KeeClean Management, Inc., of the County's intent to terminate award of RFP 2015014, Group 3, and the resulting agreement; (2) approved award of Group 3 to the next highest ranked proposer, Tribond, LLC, for custodial services at the 43rd Avenue Complex facilities; and (3) approved of the required insurance certificates after the County Attorney has approved them as to form and legal sufficiency. Board of County Commission Meeting Page 4 June 23,2015 E. Work Order No. 2 Release of Retainage — Bridge Design Associates, Inc. for 66th Avenue Bridge Replacements for 41St Street, 45th Street, 49th Street, 33rd Street and 37th Street Bridges—IRC Project 0545 (memorandum dated June 2, 2015) 98-100 Approved of Bridge Design Associates, Inc.'s Invoice No. 05-619/Ret, dated 3/18/2015 in the amount of $10,101.50 for release of retainage for Work Order No. 2. 10:16 F. Board of County Commissioners Travel Authorization for Soil & Water Conservation District Board Members for Association of Florida a.m. Conservation Districts (AFCD) Annual Meeting (memorandum dated June 15, 2015) 101-104 County Administrator Joseph Baird addressed Chairman Davis's question on why the Board's authorization was needed for the requested travel. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously authorized travel expenses for two Indian River Soil & Water Conservation District board members (George Simons and Dr. David Cox), to attend the 2015 Association of Florida Conservation Districts (AFCD) meeting to be held on July 24 and July 25, 2015, in Ocala. G. Amendment No. 1 to Agreement with CDM Smith for All Aboard Florida (AAF) Work Order No. 10, Review of Environmental Planning Documents (memorandum dated June 8, 2015) 105-109 (1) Approved Amendment No. 1 to Work Order 10 with CDM Smith, Inc., for an amended scope of services necessary to complete the review of the Environmental Impact Statement (EIS) for the proposed All Aboard Florida project, under CDM Smith's existing continuing service agreement with the County; and (2) authorized staff to execute the amendment to the Work Order on behalf of the Board. H. Second Amendment to Elevated Water Tank Space License Agreement with Verizon (memorandum dated June 8, 2015) 110-129 Approved and authorized the Chairman to execute on the Board's behalf, the Second Amendment to the Tower and Ground Space Lease with Verizon Wireless, d/b/a Verizon Wireless Personal Communications, LP, for its communications facility at Gifford Water Tower No. 62716. (Clerk's Note: Verizon Wireless was formerly known as PrimeCo Personal Communications,L.P.) Board of County Commission Meeting Page 5 June 23,2015 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10:18 A. Indian River County Sheriff, Deryl Loar a.m. Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation (letter dated June 9, 2015) 130-138 Amber Grier, Planner, was present for the Indian River County Sheriff's office. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Solari, the Board unanimously authorized the Indian River County Sheriff's Office to apply for the Edward Byrne Memorial Justice Assistance Grant (JAG) — Local Solicitation funds, for the purchase of high-powered desktop computers for the Information Technology Section. The Chairman called a recess at 10:19 a.m. and reconvened the meeting at 10:28 a.m.,with all members present. 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10:28 1. Approval of Indian River County Public Housing Agency 5-Year a.m. and Annual Plan and Accompanying Resolution (memorandum dated June 12, 2015) 139-161 Legislative Proof of Publication of Advertisement for Hearing is on file in the Office of the Clerk to the Board. Deputy County Attorney Bill DeBraal, the County's Fair Housing Coordinator, reported that since the County's Housing and Rental Assistance Department is considered a Public Housing Agency (PHA), it is eligible for federal housing funds. He advised that to continue to comply with the Department of Housing and Urban Development regulations, the County must submit a five-year plan, as well as an annual plan, that updates previous plans. Attorney DeBraal requested that the Board approve the Resolution adopting the Five Year and Annual Public Housing Plan, and that the Chairman execute the associated documents. A brief discussion ensued about the County's role with regards to one of the plan elements, the Violence Against Women Act. The Chairman opened the Public Hearing. There were no speakers, and the Chairman closed the Public Hearing. Board of County Commission Meeting Page 6 June 23,2015 ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc, the Board unanimously approved: (1) Resolution 2015-076, approving the Five Year and Annual Public Housing Agency Plan for Indian River County; and (2) authorized the Chairman to execute on behalf of the Board, the Resolution, Civil Rights Certification, and the Public Housing Agency Plan (PHA) Certifications of Compliance with PHA Plans and Related Regulations with the United States Department of Housing and Urban Development (HUD). B. PUBLIC DISCUSSION ITEMS 10:34 1. Request to Speak from Bob Webster Regarding All Aboard Florida a.m. 162 Bob Webster, 2881 St. Barts Square, presented a summary and analysis refuting commonly held objections about the negative impacts of the proposed All Aboard Florida (AAF) High Speed Railway Project. He urged the Board to engage with AAF, the State of Florida, and the Federal Railroad Administration, to resolve the Board's concerns before further litigation is considered. Mr. Webster invited the Board and public to access his online reports on this issue. Commissioner Flescher commended Mr. Webster on his presentation, but reiterated the County's position of opposition to AAF. 11.00 2. Request to Speak from Keith D. Kite Regarding County's Legal a.m. Spending on All Aboard Florida 163 Keith Kite, 1045 Winding River Road, presented arguments contending the Board's position of legal opposition to All Aboard Florida. He spoke to the federal judge's ruling that there was no basis for the County's legal case against the Florida Department of Transportation or AAF. He encouraged the Board to put performance metrics and stopgaps in place when moving forward with the legal fight, and to engage with AAF on what can be done to improve safety in the County. County Attorney Dylan Reingold stressed that the County is at the very early stages of its case, and elaborated on the judge's ruling. The Commissioners, Attorney Reingold, and Mr. Kite continued to discuss matters related to AAF. Attorney Reingold and Commissioner O'Bryan mentioned that the County has tried to engage with AAF, but they have been Board of County Commission Meeting Page 7 June 23,2015 non-responsive. No Board Action Required or Taken C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 11:29 1. Consideration of Request to Extend Mining Operation Timeframes a.m. Due to Inactivity During the Recent Economic and Development Downturn (memorandum dated June 3, 2015) 164-171 Community Development Director Stan Boling provided background and analysis on the County's mining permit regulations. He relayed that due to periods of decreased mining operations during the economic recession, several mining permit owners/operators have requested an extension on their mining permits. He used a PowerPoint Presentation to outline staff's recommendation for the proposed timelines for permit extensions for the Hammond, Fischer, South County, Godfrey, Ranch Road, Davis, and Wild Turkey mines, and disclosed that the Ditch 5 mine was approved prior to mining permit expiration requirements. Vice Chairman Solari spoke in support of the mining permit extensions. Chairman Davis announced that due to a conflict of interest, he would withhold his vote on the extension for the Davis mine. ON MOTION by Vice Chairman Solari, SECONDED by Commissioner Flescher, by a 4-0 vote (Chairman Davis abstained), the Board: (1) determined that there were significant periods of mining operation inactivity due to an economic downturn during the 2008-2014 period; and (2) granted a five (5) year permit timeframe extension for the Davis mining operation which was active during the 2008-2014 downturn. (Clerk's Note: Form 8B Memorandum of Voting Conflict is attached to these minutes as Addendum A). Board of County Commission Meeting Page 8 June 23,2015 MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to: (1) determine that there were significant periods of mining operation inactivity due to an economic downturn during the 2008-2014 period; (2) grant a five (5) year permit timeframe extension for the following mining operations that were active during the 2008-2014 downturn: Hammond, Fischer South County, Godfrey, and Ranch Road; and (3) grant a three (3) year permit timeframe extension for the Wild Turkey mining operation which was active during a portion of the 2008-2014 downturn. Chuck Cramer, Director of Operations, Henry Fischer & Sons, Inc., spoke in appreciation of the County Commission and staff. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Chairman called a recess at 11:43 a.m. and reconvened the meeting at 11:55 a.m., with all members present. 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 11:55 1. Health Insurance Renewal — FY 2015-16 and Recommended Plan Adjustments for FY 2015-16 and 2016-17 a.m. (memorandum dated June 11, 2015) 172-175 Board of County Commission Meeting Page 9 June 23,2015 County Administrator Joseph Baird reported that due to a substantial increase in medical claims costs and a deficit in the County's health insurance fund, staff was recommending some changes to the County's health care plan. The proposed changes included an increase in employee contributions per month, and higher deductibles and co-pays. Director of Management and Budget Jason Brown disclosed that health insurance costs rise about 9% each year, and that the Patient Protection and Affordable Care Act (a/k/a Obamacare) requires the County to fund certain expenditures. Director Brown said no plan adjustments were made over the past five years because staff did not want to shift healthcare costs to the employees, when there had been no salary increases. Vice Chairman Solari was opposed to an increase in employee contributions for the current year. Chairman Davis advocated delaying any potential increases until Fiscal Year 2016-2017. Commissioner Flescher remarked that he would not support any type of increase or out-of-pocket contribution for County employees. Pursuant to his request, Administrator Baird relayed Sheriff Loar's opposition to increased health care costs. Commissioner O'Bryan did not want the taxpayers to shoulder the increased health care costs. Thus, he advocated increasing employee contributions by $20 a month for both single and family coverage. He also wanted to drop the proposed Fiscal Year 2016-2017 plan adjustments for now. Commissioner Zorc mentioned that managed care plans might help reduce health care costs. Steve Myers, Teamsters Business Agent, stressed that the increased health care costs would not impact the taxpayers, because there is a healthy amount of reserves in the health insurance fund. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to: (1) DENY staff's recommendation to implement the health plan changes outlined on page 175 of the agenda package; (2) direct staff to conduct research and report back with health plan options; and (3) impose no increase in the employee portion of the health Board of County Commission Meeting Page 10 June 23,2015 insurance costs for Fiscal Year 2015-2016. Commissioner O'Bryan said that after hearing everyone's points, he agreed that potential increases could be delayed at this time. The following speakers offered suggestions to reduce health care costs, and commented in support of the Board's decision to delay any potential health insurance cost increases: • John O'Connor, President of the International Association of Firefighters Association Local 2201 • Lieutenant Charles Kirby, Indian River County Sheriff's Office • Deputy Katherine Gibson, Indian River County Sheriff's Office The Chairman CALLED THE QUESTION and the Motion carried unanimously. 12.45 2. Optional Sales Tax Extension—Update p.m. (memorandum dated June 16, 2015) 176-190 Director of Management and Budget Jason Brown presented background and analysis on the County's Optional Sales Tax, which is used to fund a variety of programs and projects. He reported that the Optional Sales Tax was implemented in 1989, and is slated to expire on December 31, 2019, unless an extension is approved by voter referendum. He stated that a public hearing must be held to adopt an Ordinance establishing the referendum language, which would need to be submitted to the Supervisor of Elections no later than August 31, 2016, for placement on the November 2016 General Election ballot. He noted that the five municipalities share in the tax funds, and that staff proposes doing a public education campaign on the Optional Sales Tax. Vice Chairman Solari and Chairman Davis discussed the County's prudent use of the Optional Sales Tax, and advocated moving forward with the referendum. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Chairman Davis, to: (1) direct the County Attorney's office to draft and return to the Board with a Resolution of Support for the extension of the County's Optional Sales Tax; (2) Board of County Commission Meeting Page 11 June 23,2015 directed staff to approach the five (5) municipalities about passing Resolutions supporting the extension of the Optional Sales Tax; and (3) directed staff to return with calendar dates for: (a) holding a public hearing for adoption of an Ordinance approving the final ballot language; (b) procuring the Resolutions of support for the Optional Sales Tax from the municipalities; (c) providing the referendum language to the Supervisor of Elections; and (d) any other required actions for the ballot referendum on the Optional Sales Tax. Vice Chairman Solari requested that staff report on Optional Sales Tax uses and expenditures, when discussing this item before the Board or municipalities. The Chairman CALLED THE QUESTION and the Motion carried unanimously. F. Public Works 12:52 1. Indian River County Intergenerational Recreation Facility (IG p.m. Building) at South County Regional Park—Change Order No. 1 (memorandum dated June 11, 2015) 191-199 Richard Szpyrka, P.E., the interim Public Works Director, was on hand to address any questions; there were none. ON MOTION by Commissioner O'Bryan, SECONDED by Chairman Davis, the Board unanimously approved additional funding for Change Order No. 1 in the amount of$145,832.13 in order to suspend daily delay costs from Kast Construction Company,LLC. G. Utilities Services None 13. COUNTY ATTORNEY MATTERS 12.54 A. Request for Closed Attorney-Client Session Relating to Indian River p.m. County vs. Turner Construction Company et al. (Case No.: 312011CA002999) (memorandum dated June 12, 2105) 200 County Attorney Dylan Reingold presented his request for a closed Attorney-Client Session on July 7, 2015 at 10:30 a.m., regarding the Indian River County vs. Turner Construction Company et al. case. He stated that he, all five County Commissioners, the County Administrator, outside counsel Casey Walker, and a certified court reporter, would attend the meeting. The purpose of the session is to discuss settlement negotiations and/or strategy sessions related to Board of County Commission Meeting Page 12 June 23,2015 litigation expenditures. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Flescher, the Board unanimously scheduled a closed Attorney-Client Session for July 7, 2015 at 10:30 a.m., with regards to the Indian River County vs. Turner Construction Company et at case. 12:55 B. Potential Lawsuit Challenging Florida Development Finance Corporation p.m. Approval of the Issuance of$1,750,000,000 of Tax Exempt Private Activity Bonds for All Aboard Florida (memorandum dated June 12, 2015) 201-207 Attorney Reingold provided an update with regards to Florida Development Finance Corporation's (FDFC) prospective issuance of private activity bonds for All Aboard Florida (AAF). He disclosed that the original July 1, 2015 deadline set forth within the U.S. Department of Transportation (DOT) for bond allocation approval has been extended six months, and that the FDFC meeting was cancelled twice and pending reschedule. He asked if the Board would like the County Attorney's office to file a State claim enjoining the FDFC from: (1) holding the meeting, and (2) issuing the private activity bonds to AAF. He disclosed that there would be a filing fee of $400, and that he and Assistant Attorney Kate Pingolt Cotner would work on the lawsuit in- house,with Martin County and other AAF opposition groups. The Board requested that Attorney Reingold periodically provide the total litigation costs to date in the Board Meeting agenda packages. The Chairman invited public input. Phyllis Frey, 275 Date Palm Road, representing Citizens Against the Train (CAT), addressed the Board with her concerns about All Aboard Florida and the regulatory agencies, and spoke in support of the Board's lawsuit. Stephanie Austin, Vero Beach, addressed the Board with her concerns about All Aboard Florida, and special interest groups who are advocating transit-oriented development. She also provided a handout (copy on file) regarding a proposal to redevelop a portion of downtown Ft. Pierce. ON MOTION by Vice Chairman Solari, SECONDED by Chairman Davis, the Board unanimously: (1) authorized the County Attorney's office to file a complaint in State Court challenging the Florida Development Finance Corporation's approval of the issuance of the tax exempt private activity bonds for All Aboard Florida; (2) directed the County Attorney's office to handle the matter in-house; and (3) directed the County Attorney's office to maintain transparency, with litigation expenses notated periodically in the County Commission Board of County Commission Meeting Page 13 June 23,2015 agenda packet. Chairman Davis requested that the County's expenses to date also be provided to the local media. 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari, Vice Chairman None C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1:09 The Board reconvened as the Board of Commissioners of the p.m. Emergency Services District. Those Minutes are available separately. 1. Minutes of Meeting of May 19, 2015 2. Minutes of Meeting of June 2, 2015 1:10 3. Approval of Property Lease for Temporary Location of Fire Station p.m. Number 7 (memorandum dated June 10, 2015) 208-213 Board of County Commission Meeting Page 14 June 23,2015 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD.COUNCIL COMMISSION.AUTHORITY,OR COMMITTEE Davis Wesley S. Board of County Commissioners MAILING ADDRESS THE BOARD.COUNCIL.COMMISSION.AUTHORITY OR COMMITTEE ON 1801 27th Street, Building A WHICH I SERVE IS A UNIT OF: CITY COUNTY 0 CITY WOUNTY 0 OTHER LOCAL AGENCY Vero Beach Indian River NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: KR ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357,F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative"includes only the officer's father, mother,son, daughter, husband,wife,brother,sister,father-in-law, mother-in-law,son-in-law, and daughter-in-law. A"business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) Board of County Commission Meeting Page 16 June 23,2015 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the DISCLOSURE OF LOCAL OFFICER'S INTEREST Wesley S. Davis ,hereby disclose that on June 23 ,20 15 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; • inured to the special gain or loss of my business associate, • x inured to the special gain or loss of my relative, brother, Brian Davis inured to the special gain or loss of 'by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: • Relative, Brian Davis, brother, owns and operates a business and may or may not benefit from the decision. .Tune 7(115 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT,DEMOTION, REDUCTION IN SALARY, REPRIMAND,OR A CIVIL PENALTY NOT TO EXCEED$10,000. PAGE 2 CE FORM 8B-EFF.1/2000 Board of County Commission Meeting Page 17 June 23,2015 B. Solid Waste Disposal District 1:12 The Board reconvened as the Board of Commissioners of the Solid p.m. Waste Disposal District. Those Minutes are available separately. 1. Minutes of Meeting of May 19, 2015 2. Minutes of Meeting of June 9, 2015 3. Final Pay for GeoSyntec Work Order No. 9, One Year Groundwater Monitoring and Reporting and FDEP Meeting Attendance (memorandum dated June 16, 2015) 214-221 C. Environmental Control Board None 16. ADJOURNMENT There being no further business,the Chairman declared the meeting adjourned at 1:14 p.m. ATTEST: . 791-iillia:4i-- ..... ` / Jeffrey R. Smith, CPA, CGFO, CGMA ,.*v..•••4•••..•/o;°Wesley S. Davis, Chairman . J ✓t . Clerk of Circuit Court and Co• �o'- '. • -5'�' r 1*� ti *,e B .- ���� ..1 • t' :Approved: AUG 1 $ 2015 `:ii;i couch?f'. BCC/MG/2015Minutes Board of County Commission Meeting Page 15 June 23,2015