HomeMy WebLinkAbout07/14/2015 (2) BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
' ' '< TUESDAY, JULY 14, 2015
Commission Chambers
fIndian River County Administration Complex
t0R1 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
Commissioner Wesley S. Davis, Chairman
3' PLEDGE OF ALLEGIANCE
Commissioner Bob Solari,Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:02 Delete: Item 8.L. Award of Bid — 87th Street and 91st Avenue Sidewalk
a.m. Improvements IRC Project No. 1205,Bid No. 2015036
Move: Item 10.A.1 Public Hearing for Adoption of an Ordinance Establishing
the Oceanside Replat Street Paving Municipal Service Benefit Unit to follow
Item 10.A.2. Public Hearing for Adoption of an Ordinance Establishing the
Oceanside Replat Street Lighting Municipal Service Benefit Unit
Add: Emergency Item 11.A. County Administrator: Legal Cost All Aboard
Florida and Florida Municipal Power Agency
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July 14,2015
Delete: Item 13.B. Request for Closed Attorney-Client Session Relating to Indian
River County vs. Turner Construction Company et al. (Case No.:
312011CA002999)
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Solari, the Board unanimously approved the agenda as amended.
5. PROCLAMATIONS and PRESENTATIONS
9:02 A. Presentation of Proclamation Designating the Week of July 19, 2015, as
a.m. Treasure Coast Waterway Cleanup in Indian River County
1
Commissioner O'Bryan read and presented the Proclamation to Steve
Haigis, who described the upcoming July 25, 2015 Treasure Coast
Waterway Cleanup.
9.08 B. Presentation Announcing Commemoration Week on the Loss of the 1715
a.m. Fleet, July 26 to August 2, 2015, by Pamela Cooper, Supervisor, Archive
Center & Genealogy Department, Indian River County Library, and Michael
Zito, Assistant County Administrator, Indian River County 2-3
Assistant County Administrator Michael Zito introduced Pamela
Cooper, Indian River County Librarian, Researcher, Lecturer, and
Genealogist.
Ms. Cooper, through a PowerPoint Presentation and displays, provided
background and history of the 1715 Fleet, which shipwrecked on the
Treasure Coast. She described the events planned for the upcoming
"Commemoration Week on the Loss of the 1715 Fleet," to be held on
July 27, 2015 through July 31, 2015, and introduced team members who
have been preparing for the week's events.
6. APPROVAL OF MINUTES
9:24 A. Regular Meeting of June 16, 2015
a.m. ---
ON MOTION by Commissioner O'Bryan, SECONDED by Chairman
Davis, the Board approved the Regular Meeting Minutes of June 16,
2015 as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Retirement Award and Proclamation Honoring Christopher J. Kafer, Jr. on
His Retirement from Indian River County Board of County Commissioners
Department of Public Works/Engineering Division With Sixteen Years of
Service 4-5
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July 14,2015
B. Retirement Award and Proclamation Honoring Albert J. Loudermilk on His
Retirement from Indian River County Board of County Commissioners
Department of Utilities Services/Operations Division With Twenty-Six Years
of Service 6-7
C. Retirement Award and Proclamation Honoring Ronald J. Lefebure on His
Retirement from Indian River County Board of County Commissioners
Department of Utilities Services/Operations Division With Twenty-Seven
Years of Service 8-9
9:24
a.m. Commissioner O'Bryan congratulated Christopher J. Kafer, Jr., Albert
J. Loudermilk, and Ronald J. Lefebure on their dedicated years of
service to the County.
8. CONSENT AGENDA
9:25 ON MOTION by Commissioner Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda, pulling Items
8.D. and 8.J. for discussion.
A. Approval of Warrants—June 26, 2015 to July 2, 2015
(memorandum dated July 2, 2015) 10-17
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
B. Indian River County Tax Collector, Carole Jean Jordan, Errors and
Insolvencies Report for the 2014 Tax Roll
(letter dated July 6, 2015) 18-29
Accepted the Recapitulation of the 2014 Tax Roll, inclusive of the Errors
and Insolvencies Report, as presented by the Indian River County Tax
Collector.
C. Resolutions Delegating the Authority to the County Administrator or His
Designee to Call Letters of Credit and to Act on Behalf of Indian River
County during the time frames of July 15, 2015, through and including
August 17, 2015, and August 19, 2015, through and including September 14,
2015
(memorandum dated June 30, 2015) 30-34
(1) Authorized the Chairman to execute the two Resolutions as
presented: (2) approved Resolution 2015-079, delegating authority to the
County Administrator or his designee, to execute Resolutions calling
Letters of Credit as necessary during the period commencing July 15,
2015, through and including August 17, 2015, and further delegating to
the County Administrator or his designee, the authority to execute all
documents necessary to the proper functioning of the County during the
period commencing July 15, 2015, through and including August 17,
2015; and (3) approved Resolution 2015-080, delegating authority to the
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July 14,2015
County Administrator or his designee to execute Resolutions calling
Letters of Credit as necessary during the period commencing August 19,
2015, through and including September 14, 2015, and further delegating
to the County Administrator or his designee, the authority to execute all
documents necessary to the proper functioning of the County during the
period commencing August 19, 2015, through and including September
14,2015.
9.25 D. Authorization for Out-of-County Travel for Assistant County Attorney to
a.m. Florida Association of Counties Policy Conference
(memorandum dated July 8, 2015) 35-36
Commissioner O'Bryan requested that in addition to the request for
Assistant County Attorney Kate Pingolt-Cotner to travel to the Florida
Association of Counties (FAC) Policy Conference from August 25, 2015
through August 27, 2015, that she also be authorized to attend any of the
legislative conferences and meetings scheduled by the FAC.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Zorc, the Board unanimously authorized out-of-County
travel for the Assistant County Attorney to attend: (1) the Florida
Association of Counties Policy Conference from August 25th to August
27, 2015, in St. Petersburg, Florida; and (2) any legislative conferences
and meetings scheduled by the Florida Association of Counties.
E. Granting of Utility Easement to Titone Properties, L.L.C. for Servicing 1753
N. Indian River Drive in Sebastian
(memorandum dated July 1, 2015) 37-43
Approved the Easement and Maintenance Agreement for the non-
exclusive utility easement to Titone Properties, LLC, and authorized the
Chairman to execute same for recordation in the public records.
9:02 F. Cost-of-Living Increase for Teamsters Bargaining Unit Employees
a.m. (memorandum dated July 8, 2015)
44-48
Approved the Second Amendment to the Collective Bargaining
Agreement with Teamsters Local Union No. 769.
G. Approval of Customer Service Agreement with UniFirst
(memorandum dated July 6, 2015) 49-61
Approved the Addendum to a Customer Service Agreement with Unifirst
Corporation,for the purchase and rental of uniforms, and authorized the
Chairman to execute said Addendum after the County Attorney has
approved it as to content and legal sufficiency and after receipt and
approval of UniFirst's insurance by Risk Management.
Board of County Commission Meeting Page 4
July 14,2015
H. Final Payment to Tri-Sure Corporation for Construction of Vero Lakes
Estates 12" Master Plan Water Main Extension on 107th Avenue — UCP
#4106
(memorandum dated July 6, 2015) 62-67
Approved Application for Payment No. 3 in the amount of $19,829.42
from Tri-Sure Corporation.
Waive the Bid-Process for North RO Panel Replacement
(memorandum dated July 2, 2015) 68-70
Waived the Bid Process and authorized the Purchasing Division to issue
a purchase order at a later date for a not to exceed amount of $100,000
for the two (2) panels once three (3) quotes from qualified vendors to
perform the corrective actions at the North County Reverse Osmosis
Water Treatment plant have been received.
9.26 J. Approval of State of Florida Special Olympics Aquatic Championship Meet
a.m. Agreement for the Event to be held at North County Aquatic Center
(memorandum dated June 29, 2015) 71-75
Commissioner O'Bryan encouraged people to volunteer for the tenth
consecutive Special Olympics Aquatic Championship Meet (the Special
Olympics) at the North County Aquatic Center on October 3 and
October 4,2015.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to approve the Agreement between Special
Olympics Florida, Inc., and Indian River County for use of the North
County Aquatics Center.
Commissioner Flescher affirmed that volunteering for the Special
Olympics is very rewarding.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
K. Miscellaneous Budget Amendment 019
(memorandum dated July 8, 2015) 76-79
Approved Resolution 2015-081 amending the Fiscal Year 2014-2015
budget.
L. Award of Bid — 87th Street and 91st Avenue Sidewalk Improvements IRC
Project No. 1205, Bid No. 2015036
(memorandum dated July 1, 2015) 80-90
Deleted.
Board of County Commission Meeting Page 5
July 14,2015
M. Award of Bid No: 2015039 Vero Lake Estates Asphalt Millings Project
(Phase II), IRC Project No. 1317
(memorandum dated June 29, 2015) 91-101
(1) Approved that the project be awarded to Dickerson Florida, Inc., in
the amount of $658,734.65; (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.
N. Award of Bid No. 2015044 to Mack Concrete Industries, Inc., for a New
Package Wastewater Treatment Plant at Blue Cypress Lake
(memorandum dated June 29, 2015) 102-114
(1) Approved that the project be awarded to Mack Concrete Industries,
Inc., in the amount of $314,000.00; (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.
9.02 O. Indian River County Intergenerational Recreation Facility(IG Bldg.) at South
a.m. County Regional Park—Change Order No. 2, IRC Project No. 1135
(memorandum dated July 1, 2015) 115-130
Approved additional funding for Change Order No. 2 with KAST
Construction Company, LLC, in the amount of$46,968.43 for structural
changes to the plans for the roof joists and embedment steel for the tilt-
walls.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
Proofs of Publication of Advertisement for Hearings is on file in the Office
of the Clerk to the Board
9.53 1. Public Hearing for Adoption of an Ordinance Establishing the
a.m. Oceanside Replat Street Paving Municipal Service Benefit Unit
(memorandum dated June 30, 2015) 131-136
Legislative
(Clerk's Note: This item was heard following Item 10.A.2. and is
placed here for continuity.)
Deputy County Attorney Bill DeBraal provided background on the
Board of County Commission Meeting Page 6
July 14,2015
request of the Oceanside Replat property owners for assistance in
providing street paving improvements in their area. He relayed
that the owners are willing to fund the improvements through a
specially established Municipal Service Benefit Unit (MSBU) and
asked the Board to approve the MSBU through adoption of the
proposed Ordinance. He noted that Section 5 Amendment to Code
of the proposed Ordinance has been amended to reflect Section 5
Adoption of Assessment Roll, Amount and Unit of Measurement
and that Section 6 Amendment to Code has been amended to add
Section 200.11 Street Paving.
Vice Chairman Solari sought and received information about
future road resurfacing from Director of Public Works Chris
Mora.
The Chairman opened the Public Hearing.
Dr. Stephen Faherty reported on specific grassy areas and
plantings that the homeowners wanted to exclude from the paving.
Kathleen Taylor, Secretary, Oceanside Property Owners
Homeowners Association (HOA), relayed that there was an 86%
vote of the homeowners in favor of the repaving.
The Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2015-008, AMENDED to include Section 5 Adoption of
Assessment Roll, Amount and Unit of Measurement, and Section 6
Amendment to Code Section 200.11 Street Paving; creating the
Oceanside Replat Street Paving Municipal Service Benefit Unit;
purpose; levy of assessment, adoption of budget; disposition of
proceeds from the levy of assessment; amending Section 200.11
[reserved] of Chapter 200, Municipal Service Taxing or Benefit
Unit, of the Indian River County Code of Ordinances; and
providing for codification; providing for severability; and
providing for an effective date and providing for a sunset
provision.
9:28 2. Public Hearing for Adoption of an Ordinance Establishing the
a.m. Oceanside Replat Street Lighting Municipal Service Benefit Unit
(memorandum dated June 30, 2015) 137-144
Legislative
(Clerk's Note: This item was heard following Item 8.0. and is placed
here for continuity.)
Board of County Commission Meeting Page 7
July 14,2015
Deputy County Attorney Bill DeBraal provided background on the
request of the Oceanside Replat property owners for assistance
with street lighting for their area. He stated that the owners are
willing to fund the improvements through a specially established
Municipal Service Benefit Unit (MSBU) to begin with the Fiscal
Year 2015/2016 tax year. He stated that Section 5 Amendment to
Code of the proposed Ordinance has been amended to reflect
Section 5 Adoption of Assessment Roll, Amount and Unit of
Measurement, and that the assessment will be $57.00 annually per
lot. He thereafter asked the Board to approve the MSBU through
adoption of the proposed Ordinance.
The Chairman opened the Public Hearing.
Kathleen Taylor, Secretary, Oceanside Property Owners
Homeowners Association (HOA), relayed that 60% of the residents
voted for the lighting improvements, and responded to the Board's
questions.
Director of Public Works Chris Mora verified that the $57.00 is for
maintenance costs only, and will go on as long as the lights are
there.
The following persons spoke in opposition to the proposed lighting:
Mark Mendelsohn, 665 Reef Road
Jessica Napp, 665 Reef Road
Stephen Faherty spoke in support of the proposed lighting.
The Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Flescher, SECONDED
by Vice Chairman Solari, to adopt Ordinance 2015-007,
AMENDED to include Section 5 Adoption of Assessment Roll,
Amount and Unit of Measurement, creating the Oceanside Replat
Street Lighting Municipal Service Benefit Unit; purpose; levy of
assessment, adoption of budget; disposition of proceeds from the
levy of assessment; amending Section 200.07 of Chapter 200,
Municipal Service Taxing or Benefit Unit, of the Indian River
County Code of Ordinances; and providing for codification;
providing for severability; and providing for an effective date.
Commissioner O'Bryan advised that he would oppose the Motion,
because the lighting proposal lacks a 66 2/3% majority vote of the
homeowners.
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July 14,2015
The Chairman CALLED THE QUESTION, and by a 4-1 vote
(Commissioner O'Bryan opposed), the Motion carried.
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
10:02 1. Notice of Scheduled Public Hearing August 18,2015:
Consider the Establishment of the Oslo Park Area Street
a.m.
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
(memorandum dated June 30, 2015) 145
Legislative
2. Notice of Scheduled Public Hearing August 18,2015:
Consider Approval of a Proposed Special Assessment
Project for Asphalt Milling Improvements on 9th Lane in the
Glendale Lakes Subdivision and Glendale Lakes
Subdivision Unit Two
(memorandum dated July 7, 2015 146
Administrative
3. Notice of Special Call Public Hearing July 24, 2015:
Consider Amending Section 201.08 of Chapter 201 of the
Code To Establish an Amnesty Program Relating to
Delinquency Charges on Certain Utility Service Availability
Charges
(memorandum dated July 9, 2015) 147
Legislative
County Attorney Dylan Reingold read the notices into
the record.
11. COUNTY ADMINISTRATOR MATTERS
10:03 Add: A. Emergency Item: Legal Costs All Aboard Florida and Florida Municipal
a.m. Power Agency
County Administrator Joseph Baird presented an expense report
outlining the County's costs to date with regards to combatting the
proposed All Aboard Florida (AAF) High Speed Rail Project. He
asked whether the Board wished to authorize continued spending to
contest AAF. Administrator Baird also presented information on
expenses spent thus far with regards to the Florida Municipal Power
Agency(FMPA).
Board of County Commission Meeting Page 9
July 14,2015
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Zorc, the Board unanimously authorized staff to
continue expending funds to oppose All Aboard Florida.
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
1. Water & Sewer Revenue Refunding Bonds, Series 2005 —
10:06 Consideration of Partial Early Payoff
a.m. (memorandum dated July 8, 2015) 148-149
Director of Management and Budget Jason Brown provided
background and analysis on staff's recommendation to pay
down 50%, or $7,105,000, of the Series 2005 Water and
Sewer Revenue Refunding Bonds. Additionally, Director
Brown requested authorization to issue a Request for
Proposal (RFP) for a bank loan to refinance the remaining
balance, to reduce our debt service by about $80,000
annually.
Board of County Commission Meeting Page 10
July 14,2015
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board unanimously authorized staff
to: (1) begin the process of calling $7,105,000 (50%) out of
the $14,205,000 remaining of the Water & Sewer Revenue
Refunding Bonds, Series 2005 on or after September 1,
2015; and (2) issue a Request For Proposal (RFP) for a
bank loan to refinance the remaining balance.
The Chairman called a recess at 10:11 a.m., and reconvened
the meeting at 10:17 a.m.,with all members present.
F. Public Works
None
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
10:17 A. Resolution Establishing the Short Term Vacation Rental Advisory
a.m. Committee
(memorandum dated July 8, 2015) 150-154
Deputy County Attorney Bill DeBraal recalled the Board's
direction on June 2, 2015 for staff to draft a Resolution
establishing a Short-Term Vacation Rental Advisory Committee
(the Committee). He estimated that there are approximately
375-400 vacation rentals in the County, and that staff would be
reporting back to the Board on how many rental property
owners are paying the Tourist Development Tax. Attorney
DeBraal thereafter presented staff's recommendation for Board
approval of the Resolution.
Vice Chairman Solari recommended changing the sunset date of
the Committee in Section 3 of the Resolution, Duration of
Committee and Term of Office, from one year from the
approval date of the Resolution (July 14, 2015), to one year
from the date of the first Committee meeting.
After a discussion on the requirements for the Commissioner
appointees, the Board CONSENSUS was for the Commissioners
to pick who they deem is best qualified to sit on the Committee.
It was noted that a majority vote of the Commissioners will be
needed for the two at-large members.
Board of County Commission Meeting Page 11
July 14,2015
The following persons appeared before the Board in opposition
to the formation of the Committee. Several speakers feared that
the Committee would delay the formulation of short-term
regulations. Others made suggestions with regards to
developing regulations for the short-term rentals.
Herb Whitall, 19 Park Avenue, Chairman of the Land
Committee, Indian River Neighborhood Association (IRNA)
Bob Johnson, Coral Wind Subdivision
Dan Lamson, CEO, IRNA (statement on file)
Noah Powers,400 18th Street
George Lamborn, President, South Beach Property
Homeowners Association
Miles Conway, 2340 South Highway AlA, Secretary and
Chairman Land Use Committee, South Beach Property
Homeowners Association (SBPHOA); and Member Land Use
Committee IRNA
The following individual spoke in support of the Committee:
Joseph Paladin, President, Black Swan Consulting and
Entitlements, LLC
The following persons advocated for the development of
regulations governing short and long-term rentals, regardless of
whether or not the Committee is created:
Jim Welles, 2180 Dunmore Lane
Tuck Ferrell, North Beach Civic Association, 12546 North
Highway AlA
Commissioner O'Bryan affirmed that the Committee would not
slow down the development of rental regulations. He stated that
the two critical areas of concern related to short-term rentals
are parking and large events, and that in September 2015, the
Board will be reviewing Ordinances regulating said issues.
Commissioner Zorc mentioned the possibility of using fire
regulations to define the maximum number of renters that
could occupy a rental property.
Vice Chairman Solari discussed the importance of learning
more about the issue of short-term rentals, which are a growing
part of the modern economy. He reiterated that the majority of
problems stem from the event-hosting and parking issues at
rental properties.
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July 14,2015
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner O'Bryan, to approve Resolution 2015-082,
AMENDED in Section 3 Duration of Committee and Term of
Office, to change the sunset date of the Committee from one
year from the Resolution approval date to one year from the
date of the Committee's first meeting, establishing the Short
Term Vacation Rental Advisory Committee.
Commissioner Flescher elaborated on his reasons for not
supporting the Short-Term Rental Advisory Committee as the
best means to address short-term rental issues.
Commissioner Zorc wanted the Board to consider a term of less
than one year for the Committee, due to the Legislative cycle.
A brief discussion ensued on the Legislative cycle and the
appropriate duration of the Committee.
The Chairman CALLED THE QUESTION and by a 3-2 vote
(Commissioners Flescher and Zorc opposed), the Motion
carried.
(Clerk's Note: At this time, the Board convened as the Board of
the Solid Waste Disposal District, to accommodate audience
members with interest in Item 15.B.2.)
B. Request for Closed Attorney-Client Session Relating to Indian
River County vs. Turner Construction Company et al. (Case No.:
312011 CA002999)
(memorandum dated July 7, 2015) 155
Deleted
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July 14,2015
1.30 C. Release of Use Restrictions for Dodgertown Golf Course
p.m. (memorandum dated July 8, 2015)
156-198
(Clerk's Note: This item was heard following the Solid Waste
Disposal District meeting, and a recess from 11:35 a.m. to 1:30
p.m., and is placed here for continuity.)
County Attorney Dylan Reingold presented background and
analysis on the proposed release of use restrictions for the
Dodgertown Golf Course. He asked the Board to approve the
proposed Resolution; the Termination of Declaration of
Covenants, Conditions and Restrictions; the Third Amendment
to Collateral Development Agreement; the Easement; and the
Cure Plan.
A brief discussion ensued,with input from Administrator Baird,
on Aviation Boulevard improvements.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Zorc, to: (1) approve Resolution
2015-083, releasing and removing use restrictions associated
with Resolution 2011-34 and the Second Amendment to
Collateral Development Agreement and various use restrictions
set forth in the Collateral Development Agreement with regard
to the former Dodgertown 9-hole golf course; (2) the
Termination of Declaration of Covenants, Conditions and
Restrictions; (3) the Third Amendment to Collateral
Development Agreement; (4) the Easement; and (5) the Cure
Plan (Items 2 - 5 with the City of Vero Beach), and authorized
the Chairman to execute the necessary documents to effectuate
this approval.
(Clerk's Note:Dodgertown is now known as Historic Dodgertown,
and was formerly known as Vero Beach Sports Village.)
Further discussion ensued about the future four-laning of
Aviation Boulevard.
The Chairman CALLED THE QUESTION and by a 4-0 vote
(Commissioner Flescher was absent for this vote), the Motion
carried unanimously.
1.37 D. Resolution Supporting Extension of One-Cent Optional Sales Tax
p.m. (memorandum dated July 1, 2015)
199-202
(Clerk's Note: Commissioner Flescher rejoined the meeting at this
time.)
Board of County Commission Meeting Page 14
July 14,2015
County Attorney Dylan Reingold recalled that the Optional
Sales Tax will expire in December 2019, and must be approved
by voter referendum, with the ballot language submitted to the
Supervisor of Elections no later than August 31, 2016. Pursuant
to the Board's direction on June 23, 2015, he was presenting for
consideration a proposed resolution supporting extension of the
Optional Sales Tax.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board approved Resolution 2015-084,
expressing support for continuation in Indian River County of
the Local Government Infrastructure One-Cent Sales
Surtax/Discretionary Sales Surtax authorized pursuant to
Section 212.055, Florida Statutes.
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari,Vice Chairman
1:39 1. FPL Okeechobee Energy Center
p.m. (memorandum dated July 7, 2015)
203
Vice Chairman Solari expressed concerns about the
proposed Florida Power and Light (FPL) Energy Center
to be built in Okeechobee, because of the tremendous
volume of water it would draw from the Floridan
Aquifer. He questioned whether an industrial use of
potable water from the Floridan Aquifer is a rational
water policy.
Dan Lamson, IRNA Director, read a statement
expressing the IRNA's concerns about such large
withdrawals of water from one entity, and asked the
Board to protect the County's interests.
Bart Gaetjens, FPL's Area Manager External Affairs,
discussed the permitting process that FPL is undergoing
for its proposed Energy Center. He noted that Indian
River County is a statutory party to the Power Plant
Siting Act; that FPL has discussed its plans with the St.
Johns River Water Management District (SJRMWD)
and the County Utilities Director; and that the
preliminary indications are that the proposed water
usage will not impact the County's water supply, wells,
Board of County Commission Meeting Page 15
July 14,2015
or the environment.
Agnes Ramsey, FPL's Environmental Sp.cialist,
responded to the Board questions about water
processing at the Energy Center.
Mike Tammaro, FPL's Senior Attorney, FPL, advised
that the County will have a number of opportunities,
including a public information meeting, to pose
questions on water usage at the proposed Energy
Center.
The Board CONSENSUS was to appoint Vice Chairman
Solari to head the "committee for questions" for the
SJRWMD and FPL.
Vice Chairman Solari discussed additional verbiage he
wanted to add to a letter about fracking regulations,
which the Board authorized on July 7,2015.
Commissioner O'Bryan requested that Vice Chairman
Solari bring his questions back to the Board; a
determination will then be made on whether to invite the
SJRWMD to a meeting.
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
2:01 1. Florida Association of Counties (FAC) Growth
p.m. Management, Agricultural, & Environmental Policy Co-
Chair
(memorandum dated July 8, 2015) 204-214
Commissioner O'Bryan announced his appointment as a
Co-Chairman to the Florida Association of Counties
(FAC) Growth Management, Agricultural, &
Environmental Policy Committee. He said that the 2015-
2016 Policy Committee Conference will be held on
August 26 through August 28, 2015, and asked the
Board to relay any specific topic they want discussed at
the Conference.
Attorney Reingold advised the Board to submit their
items to Assistant County Attorney Kate Pingolt-Cotner.
No Board Action Required or Taken
Board of County Commission Meeting Page 16
July 14,2015
E. Commissioner Tim Zorc
2:03 1. EMS Supervisors and Paramedic Training
p.m. (memorandum dated July 9, 2015)
215
Commissioner Zorc played a video excerpt highlighting
the Board's discussion at the July 23, 2009 Budget
Workshop, on the role of the Emergency Services (EMS)
Supervisors. He expressed his concerns about current
EMS staffmg and turnover rates, and advised that he
would be discussing these matters at the upcoming
Budget Hearing on July 15, 2015.
Discussion followed, with input from County
Administrator Joseph Baird and Director of Emergency
Services Director John King, regarding EMS staffmg. It
was noted that three positions in the proposed EMS
budget are for Fire Battalion Chiefs.
No Board Action Required or Taken
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
15. SPECIAL DISTRICTS AND BOARDS
B. Solid Waste Disposal District
11:25 The Board reconvened as the Board of Commissioners of the
a.m. Solid Waste Disposal District. Those Minutes are available
separately.
1. Work Order No. 1 to SCS Engineers for Household
Hazardous Waste Procurement Services
(memorandum dated July 1, 2015) 216-222
2. Single Stream Recyclables Transfer, Processing and
Marketing Agreement Update
(memorandum dated July 6, 2015) 223-231
3. Update on the Educational Component for the Upcoming
Changes to the Recycling Program
(memorandum dated July 2, 2015) 232-242
Board of County Commission Meeting Page 17
July 14,2015
After the Solid Waste Disposal District Meeting, the
Chairman called a recess at 11:35 a.m. and convened the
Regular Board meeting at 1:30 p.m.,with Item 13.C.
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business,the Chairman declared the meeting adjourned at 2:19 p.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. avis, Chairman
Clerk of Circuit Coup :nd Comptroller
B • .. -/ Approved: AUG 1 8 2015
BCC/MG/2015Minutes
Board of County Commission Meeting Page 18
July 14,2015