HomeMy WebLinkAbout07/07/2015 BOARD OF COUNTY
COMMISSIONERS
,� INDIAN RIVER COUNTY, FLORIDA
fi` � REGULAR MEETING MINUTES
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' TUESDAY, JULY 7, 2015
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:‘.';'7.* Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
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OW Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY DISTRICT
COMMISSIONERS
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 Leona Adair Allen,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Pastor Roger Ball, Immanuel Church
3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:02 Delete: Item 13.A.
a.m.
Move: Item 14.C.1. Fracking in Florida, heard in conjunction with Item 10.B.2.
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan,the Board unanimously approved the Agenda as amended.
5. PROCLAMATIONS and PRESENTATIONS
9:04 A. Presentation of Proclamation Designating the Month of July, 2015, as Parks and
a.m. Recreation Month
1
Board of County Commission Minutes
July 7,2015 Page 1
6. APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:14 A. Update on All Aboard Florida/Vero Electric Expenses
a.m. (memorandum dated June 30, 2015) 2-4
Commissioner O'Bryan announced that the current expense information
for All Aboard Florida and Vero Electric would be posted once a month in
the County Commission Agenda and on the County's website.
8. CONSENT AGENDA
9:19 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan,
a.m. the Board unanimously approved the Consent Agenda, pulling items 8.C., 8.E., and
S.I. for comment.
A. Approval of Warrants—June 11, 2015 to June 18, 2015
(memorandum dated June 18, 2015) 5-13
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
B. Approval of Warrants—June 19, 2015 to June 25, 2015
(memorandum dated June 25, 2015) 14-21
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
9:21 C. Award of Bid No. 2015040 — Gifford Neighborhood 45th Street Beautification
a.m. Project, IRC Project No. 1506
(memorandum dated June 23, 2015) 22-32
Vice Chairman Solari described some of the improvements that will be
made during the beautification project.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously approved the bid award to the lowest,
most responsive and responsible bidder, Sunshine Land Design, Inc. for
$1,306,877.14; and authorized the Chairman to execute the Agreement
upon review and approval of both the Agreement and required Public
Construction Bond by the County Attorney as to form and legal sufficiency,
and the receipt and approval of required insurance by the Risk Manager.
D. Award of Bid No. 2015029 to General Underground LLC for an 8" Water Main
Extension on Indian River Drive South of Roseland Road—UCP #4109
(memorandum dated June 23, 2015) 33-45
Approved the total amount of$123,779.36 for the 8" Water Main Extension
on Indian River Drive south of Roseland Road; approved award of Bid No.
Board of County Commission Minutes
July 7,2015 Page 2
2015029 to General Underground, LLC, of Chiefland, Florida; approved
and 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.
9:19 E. Sector 3 Dune Repair Project, Change Order No. 3, Guettler Brothers
a.m. Construction, LLC
(memorandum dated June 29, 2015) 46-49
Chairman Davis announced that due to a conflict of interest, he would
withhold his vote on this matter.
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, by a 4-0 vote (Chairman Davis abstained), the Board approved
and authorized the Chairman to execute Change Order No. 3 to the Sector
3 Dune Repair Project contract with Guettler Brothers Construction, LLC.
(Clerk's Note: Form 8B Memorandum of Voting Conflict is attached to these
minutes as Addendum A).
F. Miscellaneous Budget Amendment 018
(memorandum dated June 29, 2015) 50-54
Approved Resolution 2015-077, amending the Fiscal Year 2014-2015
Budget.
G. Approval of Resolution Adopting the Updated 2015 Indian River County
Unified Local Mitigation Strategy
(memorandum dated June 16, 2015) 55-60
(1) Approved Resolution 2015-078, for approval of the 2015 revised Indian
River County Unified Local Mitigation Strategy; and (2) authorized staff to
forward the revised Local Mitigation Strategy Plan to each municipality for
their approval.
H. Approval of Extension of FX Software Agreement
(memorandum dated June 26, 2015) 61-64
Approved a one (1) year extension to the FX Software Agreement with
Harris Corporation, formerly M/A-Com, Inc. (August 1, 2015 through July
31,2016), for services for the Public Safety Radio System.
9:22 I. Children Services Advisory Committee Funding Allocations for FY 2015-2016
a.m. (memorandum dated June 26, 2015) 65-66
Vice Chairman Solari said he did not support this item.
ON MOTION by Commissioner O'Bryan, SECONDED by Chairman
Davis, by a 4-1 vote (Vice Chairman Solari opposed), the Board approved
the Children's Services Advisory Committee's (CSAC) funding
recommendation of$851,965.00,for Fiscal Year 2015-2016.
Board of County Commission Minutes
July 7,2015 Page 3
J. Approval of 2015/2016 State Funded Subgrant Agreement to Update Indian
River County's Hazards Analysis
(memorandum dated June 16, 2015) 67-68
Approved the 2015-2016 State Funded Subgrant Agreement to Indian
River County in the amount of$3,944.00.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:23 A. Indian River County Sheriff Deryl Loar
a.m. Community Oriented Policing Services (C.O.P.S.) Hiring Program Grant
(letter dated June 17, 2015) 69-104
Sheriff Deryl Loar requested authorization to apply for the Community
Oriented Policing Services (C.O.P.S.) Hiring Program Grant, in the amount
of$895,423.30, which will provide funds to hire five additional sworn patrol
deputies.
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Solari, the Board unanimously authorized the Sheriff's Office to apply for
the Community Oriented Policing Services (C.O.P.S.) Hiring Program
Grant in the amount of$895,423.30.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
Non
e
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on which
the commission may take action.)
9:25 1. Request to Speak from Patricia Hunt Regarding The Train and Public
a.m. Records Requests 105
Patricia Hunt, P.O. Box 442, Roseland, expressed her opposition to
All Aboard Florida (AAF), and reiterated her previous requests for
public records.
Administrator Joe Baird informed Ms. Hunt that the cameras
installed in the Courthouse were for public safety, not records
security.
9:38 2. Request to Speak from Karen Hudon Regarding Hydraulic Fracturing
a.m. (Fracking) 106
(Clerk's Note: This item was heard in conjunction with Item 14.C.)
Karen Hudon, 4900 SE Hanson Circle, spoke about the dangers of
hydraulic fracturing (fracking), the process of extracting natural gas
Board of County Commission Minutes
July 7,2015 Page 4
and/or oil from tight rock formations below the surface using
millions of gallons of water, gases, chemicals, and sand at high
pressure to break apart and release hydrocarbons present in rock,
and its effects on the environment. She requested that the Board
approve a Resolution to ban fracking in Florida.
Richard Silvestri, 5708 Buchanan Drive, Ft. Pierce, retired fireman
and chemist, explained the dangers of benzene, a toxic chemical used
in the fracking process.
Commissioner Flescher voiced his concerns regarding fracking in
Florida, the use of benzene, and how it would affect Florida's water
reserve. He requested fellow Commissioners to support a Resolution
opposing fracking in Indian River County, and elsewhere in Florida.
Vice Chairman Solari believed a Resolution banning fracking at this
time would be premature. He wanted more factual information on
fracking before making a decision.
Commissioner Zorc would not support a Resolution against all
fracking in Florida. He felt fracking was a better alternative than
dirty coal, and would be less damaging to the environment than
what we currently have.
Commissioner O'Bryan emphasized that Florida is unique in
comparison to other states where fracking occurs, and stressed the
importance and dependence upon the aquifer for our County's
water supply. He wanted to err on the side of safety and pass a
Resolution asking our Legislature to ban fracking, and if additional
information becomes available, the Board could revise or retract the
Resolution at that time.
MOTION WAS MADE by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, to support a Resolution opposing fracking
in Indian River County and elsewhere in Florida.
The following individuals spoke in support of the Motion:
Richard Silvestri, 5708 Buchanan Drive, Ft. Pierce
Amy Datz, Environmental Scientist,Tallahassee
Jerry Buechler, 1719 SW Leafy Road, Port St. Lucie, retired Miami
Beach Firefighter
John Debas,2038 Windham Hollow Court,Jacksonville
Debra Messer, 843 22°d Place,Vero Beach
Richard Bialosky, 685 Reef Road, Vero Beach
Robert Hall, Fort Pierce
Sharon Kohler, 545 Honeysuckle Lane, Vero Beach
Board of County Commission Minutes
July 7,2015 Page 5
Carter Taylor, 2235 Silver Sands Court,Vero Beach, on behalf of
the Indian River Neighborhood Association (IRNA)
Walter Geiger, 7000 20th Street, Village Green,Vero Beach
Judy Orcutt,4665 Pebble Bay South,Vero Beach
Dr. Richard Baker, President of the Pelican Island Audubon Society
The following individuals opposed the adoption of a Resolution until
further studies can be accomplished:
Dan Corrigan, 7320 45th Street, Vero Beach
Phyllis Frey, 275 Date Palm Road,Vero Beach
Susan Mehiel, 131 Laurel Oak Lane,Vero Beach
Rosemary Wilson, 1490 5th Avenue,Vero Beach
Vice Chairman Solari was willing to work on a compromise based
on what is known. He suggested sending letters to certain agencies
in the State, particularly the St. John's River Water Management
District (SJRWMD) and Department of Environmental Protection
(DEP), asking them to do their utmost regarding the things they are
responsible for.
Commissioner O'Bryan wanted to add into the Resolution, that the
Board of County Commissioners supports a ban until such time as
all environmental consequences are fully and transparently
examined.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to add into the Resolution,
that the Board of County Commissioners supports a ban until such
time as all environmental consequences are fully and transparently
examined.
The Chairman CALLED THE QUESTION, by a vote of 2-3
(Commissioners Davis, Solari, and Zorc opposed), the Motion
FAILED.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Zorc, by a 3-2 vote (Commissioners Flescher and
O'Bryan opposed), the Board directed staff to: (1) send letters to
Governor Rick Scott, St. John's River Water Management District,
the Florida Department of Environmental Protection, and the
Legislative leadership in the House and Senate, expressing the
Board's concerns with fracking; (2) ask those responsible for
fracking to do all they can to ensure it is safe for the people in
Florida; and (3) ask that full disclosure of any and all chemicals used
in the fracking process be made readily available before fracking
begins.
Board of County Commission Minutes
July 7,2015 Page 6
The Chairman called for a break at 11:26 a.m., and reconvened the
meeting at 11:41 a.m.,with all members present.
C. PUBLIC NOTICE ITEMS
11:41 1. Notice of Scheduled Public Hearing for July 14,2015
a.m. Consider the Establishment of the Oceanside Replat Street Lighting
Municipal Service Benefit Unit and Amending Section 200.07 of
Chapter 200, Municipal Service Taxing or Benefit Unit, of the Indian
River County Code
Legislative
(memorandum dated June 10, 2015) 107
2. Notice of Scheduled Public Hearing for July 14,2015
Consider the Establishment of the Oceanside Replat Street Paving
Municipal Service Benefit Unit and Amending Section 200.11 of
Chapter 200, Municipal Service Taxing or Benefit Unit, of the Indian
River County Code
Legislative
(memorandum dated June 10, 2015) 108
County Attorney Dylan Reingold read the Notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
1. Human Services
None
2. Sandridge Golf Club
None
Board of County Commission Minutes
July 7,2015 Page 7
3, Recreation
None
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
11:43 1. Draft Alternative Water Supply Plan—Phase I Preliminary Evaluation
a.m. (memorandum dated June 25, 2015) 109-126
Director of Utility Services Vincent Burke recalled the actions
from the January 20, 2015 Board of County Commissioners
meeting, whereby staff was directed to: (1) distribute the Phase 1
Preliminary Evaluation of the Alternative Water Supply study to
all stakeholders and interested parties, and incorporate their
comments in a final report; and (2) negotiate a cost proposal with
CDM Smith, Inc. (CDM) for Phase 2 modeling to determine the
available volume of water in the Sebastian River Improvement
District's canal system.
Jill Grimaldi, Senior Project Manager with CDM Smith, Inc.
(CDM) presented the Board with a recap of her presentation from
the January meeting.
Chairman Davis wanted an evaluation and cost benefit analysis to
be added to the existing six phases.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to add, "An Evaluation and Cost Benefit
Analysis" to the project phases.
A brief discussion ensued regarding the additional phase, and
where it should be placed within the phases.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
Board of County Commission Minutes
July 7,2015 Page 8
Ms. Grimaldi continued her presentation as she spoke about the
water volume in the Sebastian River Improvement District (SRID),
existing conditions, reservoir sizing, required acreage for potable
and agricultural water, aquifer storage and recovery, conceptual
project cost estimates, and the stakeholders' comments. She also
pointed out that in moving forward with an alternative source, the
Consumptive Use Permit (CUP) allocation should be modified to
pull water from the North Plant, and that consideration might be
given to ask for long-term increases to the Upper Floridan Aquifer
demands.
Ms. Grimaldi provided comparative costs for the different options
(reservoir-potable, reservoir-AG and potable, North County
Water Treatment Plant [WTP] expansion, and North County WTP
CUP increases), and discussed the next steps in moving forward.
Throughout the presentation, Commissioners posed questions and
expressed opinions regarding CDM's report.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to: (1) authorize staff to negotiate a cost proposal
with CDM Smith, Inc., to embark on restructuring the existing
Consumptive Use Permit (CUP), and (2) direct staff to return to
the Board with a more detailed staff report indicating the reasons
for it, a cost proposal, and the pros and cons involved with the
proposed changes.
Discussion ensued regarding the alternative supply plan.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, the Board unanimously approved Amendment
No. 1 to Work Order No. 11 for the additional work completed by
CDM Smith, Inc., and vetted by Utility Department staff for a
lump sum amount of$14,750.00 to CDM Smith, Inc.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously accepted Phase 1 of the
Alternative Water Supply Plan, with stakeholder comments
incorporated accordingly.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan, to authorize the Utilities Department to
make grant applications to St. John's River Water Management
District for the necessary funding in moving forward with Phase 2.
Board of County Commission Minutes
July 7,2015 Page 9
The Board discussed water management, volume, quality,
modeling, and flow rates.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called for a break at 12:48 p.m., and reconvened
the meeting at 1:07 p.m.,with all members present.
13. COUNTY ATTORNEY MATTERS
10:02 A. Time Certain— 10:30 a.m. Attorney-Client Session:
a.m. Indian River County vs. Turner Construction Company, et al., Pending in the
Circuit Court of the Nineteenth Judicial Circuit, Case No. 31 2011 CA002999
(memorandum dated June 25, 2015) 127
County Attorney Dylan Reingold determined that this item should be
deleted from the Agenda, since the required Notice was not published by
the Press Journal.
1:07 B. License Agreement for Cell Tower Located at Historic Dodgertown at the Site
p.m. of an Existing Light Post
(memorandum dated June 30, 2015) 128-143
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan, to: (1) approve the License Agreement with
T-Mobile South, LLC, with the 4% annual license fee increase; (2)
authorize the Chairman to execute the License Agreement and
Memorandum of License on behalf of the Board, and any other documents
necessary to effectuate said Agreement; and (3) delegate authority to the
County Attorney or his designee to execute any permit application
necessary for tower plan review and construction.
Deputy County Attorney William Debraal said no public hearing was
necessary on this item. He introduced Joe O'Hagan from SBA
Communications Corporation, who will be coordinating the project. He
also pointed out that certain permits would need to be signed by a delegated
authority, possibly Administrator Baird.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
1:09 1. Lakewood Village Mobile Home Park Utility Account
p.m. (memorandum dated June 22, 2015) 144-145
Chairman Davis asked fellow Board members to consider
reductions to the interest rate on the Lakewood Village Mobile
Board of County Commission Minutes
July 7,2015 Page 10
Home Park Utility Account so they can pay down the principal
quicker. He said they were paying on the money that was
borrowed for the connection to water service, and they had offered
to pay down the principal by about 10% (about$30,000).
Charles Bailey, President of the Lakewood Village Resident
Owned Manufactured Home Association, emphasized that his
Association would be putting a substantial principal reduction
down, and felt their request was valid.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Chairman Davis, to adopt an ordinance or policy that states
that anyone with an outstanding loan, who remits a minimum of
10% of the outstanding principal, could request staff to adjust the
rate to the current approved rate.
Director of Utility Services Vincent Burke revealed that Lakewood
Village Mobile Home Park had been timely with their payments,
and that if this is going to be considered, staff would need to ensure
their payment history is up to date.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Chairman Davis, to include Director Burke's
recommendation that there be a history of timely payments.
The Chairman CALLED THE QUESTION and the AMENDED
MOTION carried by a 4-1 vote (Vice Chairman Solari opposed).
The Board approved to adopt an ordinance or policy that states
anyone with an outstanding loan, who remits a minimum of 10%
of the outstanding principal, could request staff to adjust the rate
to the current approved rate, as long as the payments were timely.
1:20 2. Amnesty Program and Adoption of Ordinance
p.m. (memorandum dated June 29, 2015) 146-149
Chairman Davis reported that the Board had previously approved
the delinquency charge amnesty periods to encourage property
owners to pay off their unpaid service availability charges, and he
wished for the Board to consider it again. He stated that there
were several developments that continue to come online through
the foreclosure process relating to delinquency charges on certain
utility service availability charges, and reiterated that utility liens
do not get cleansed during the process. He said it had always been
the Board's policy not to waive the base capacity charges (as far as
the Equivalent Residential Units (ERUs) associated with the
purchase of a utility impact fee), but to allow the Utility
Department to waive just the penalties and interest.
Board of County Commission Minutes
July 7,2015 Page 11
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to move forward with the Amnesty Program and
ensure that staff understands this is dealing with only the penalties
and interest for 90 days.
Commissioner O'Bryan confirmed that the wording would mirror
the last Ordinance, except the date changes.
Vice Chairman Solari felt the program should start in September,
the first business day after Labor Day.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Joseph E. Flescher
1. Fracking in Florida
(memorandum dated June 26, 2015) 150-162
(Clerk's Note: This item was heard in conjunction with Item
I0.B.2.)
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
The Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are available separately.
1. Indian River County Former Correctional Institution Land
(memorandum dated June 25, 2015) 163-167
2. Single Stream Transfer Facility Update
(memorandum dated June 30, 2015) 168-171
Board of County Commission Minutes
July 7,2015 Page 12
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:39
p.m.
ATTEST:
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Jeffrey R. Smith, CPA, CGFO, CC M:A • Davis, Chairman
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Deputy Clerk
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Board of County Commission Minutes
July 7,2015 Page 13