HomeMy WebLinkAbout01/07/2014 (3)COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
1.
2.
3.
4.
5.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 7, 2014 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 4
District 1
District 2
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
Stan Boling, Community Development Director
Commissioner Peter D. O'Bryan, Chairman
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Recognizing the Month of January, 2014 as
National Mentoring Month
January 7, 2014
PAGE
1
Page 1 of 6
6.
7.
8.
APPROVAL OF MINUTES
A. Approval of Minutes Regular Meeting of November 12, 2013
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. 2013-2014 Appointment to the Department of Juvenile Justice (DJJ) Circuit
19 Advisory Board
(memorandum dated December 17, 2013)
PAGE
2-3
CONSENT AGENDA
A. Approval of Warrants — December 6, 2013 to December 12, 2013
(memorandum dated December 12, 2013) 4-9
B. Out of County Travel to attend the Florida's Research Coast Legislative
Conference
(memorandum dated December 20, 2013)
C. Resolution Formally Designating a Portion of County Owned Property
Along 26th Street as Right -Of -Way
(memorandum dated December 11, 2013)
D. Approval of Work Order No. PCM -2 for Sediment Removal at PC Main
Screening Facility
(memorandum dated December 20, 2013)
E Sheriffs Crime Scene Unit — Final Payment of Retainage for Phase I and
Phase II — Donadio and Associates
(memorandum dated December 15, 2013)
10-11
12-17
18-21
22-24
F. Consideration of Hourly Rate Increase for Day Labor Services Bid 2012006
(Public Works Department / Road and Bridge Division)
(memorandum dated December 27, 2013)
25-29
G. Florida Department of Law Enforcement FY 2013/2014 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program
(memorandum dated December 30, 2013)
30-35
H. Acceptance and Approval of Expenditures of the 2013/2014 Federally -
Funded Community Emergency Response Team (CERT) sub -grant #14 -CI -
XX -XX -XX -XX -XXX
(memorandum dated November 8, 2013)
36-38
January 7, 2014 Page 2 of 6
8.
9.
10.
CONSENT AGENDA
I. Miscellaneous Budget Amendment 004
(memorandum dated December 26, 2013)
PAGE
39-43
J. Approval of Bid Award for IRC Bid #2014019 Contract Services for Beach
Parks Maintenance
(memorandum dated December 19, 2013)
K. Approval of Release of Retainage for Various Tasks of Work Order No L-1,
Change Order No. 2, and Change Order No. 3 with G. K. Environmental,
Inc. for Egret Marsh Stormwater Park
(memorandum dated December 30, 2013)
44-50
51-53
L. Approval of Amendment No. 1 to Work Order No. GKE-2 for Scrub Jay
Friendly Landscape Design Services for Osprey Marsh (formerly PC South
Algal Nutrient Removal Facility)
(memorandum dated December 30, 2013)
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
None
54-81
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Rev. William Mosley and Bill Rigby, Gifford Economic
Development Council
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing January 14, 2014
Margaret Fuller's Request for Abandonment of a 74 Long/33'
Wide Portion of Doubloon Drive in front of 9440 Doubloon Drive,
Lot 6, Block D in the Summer Place Unit 3 Subdivision
(Legislative)
(memorandum dated December 17, 2013)
January 7, 2014
82
83
Page 3 of 6
10.
11.
12.
PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
2. Notice of Scheduled Public Hearing January 14, 2014:
Consider Codifying the Code of Indian River County
(Legislative)
(memorandum dated December 20, 2013)
84
3. Notice of Scheduled Public Hearing January 14, 2014:
To reduce sewer hook-ups in the West Wabasso Phase I Sewer &
Drainage Project IRCDUS Project No: UCP 4078
(Legislative)
(memorandum dated December 30, 2013)
85
COUNTY ADMINISTRATOR MATTERS
A. Executive Session January 7, 2014 at a Time Certain of 10:00 a.m.
Request for Executive Session January 7, 2014 at a Time Certain of 10:00
a.m. to discuss IAFF Union Negotiations
(memorandum dated December 30, 2013)
86
DEPARTMENTAL MATTERS
A.
B.
C.
D.
Community Development
None
Emergency Services
None
General Services
None
Human Resources
None
E Human Services
None
F.
Leisure Services
None
January 7, 2014 Page 4 of 6
12.
13.
14.
14.
DEPARTMENTAL MATTERS
G. Office of Management and Budget
1. Interfund Loan — Sandridge Golf Course Irrigation
(memorandum dated December 30, 2013)
H.
Recreation
None
I. Public Works
None
PAGE
87-89
J. Utilities Services
1. Indian River Aerodrome Subdivision — Assessment Results, Indian
River County Project No: UCP 4100
(memorandum dated December 30, 2013)
90-145
COUNTY ATTORNEY MATTERS
A. Approval of Supplemental Attorney's Fees Incurred on Behalf of William
Bethel: Parcel 108
(memorandum dated December 30, 2013)
B. Request to Purchase a Parcel of Property off the List of Lands Available
(memorandum dated December 30, 2013)
C. Options for Intervention in City of Vero Beach Electric Utilities Issues
(memorandum dated December 30, 2013)
D. Request for renaming of Seven50
(memorandum dated December 27, 2013)
COMMISSIONERS ITEMS
A.
B.
C.
146-151
152-154
155-171
172-174
Commissioner Peter D. O'Brvan, Chairman
None
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Joseph E. Flescher
None
COMMISSIONERS ITEMS
D.
Commissioner Bob Solari
1. Save the Indian River Lagoon Estuary Now, Inc.
(memorandum dated December 30, 2013)
PAGE
175
January 7, 2014 Page 5 of 6
15.
16.
E.
Commissioner Tim Zorc
None
SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
1. Approval of Minutes — Meeting of November
2. Amendment No. 1 to Work Order No. 7 to
Related Consulting Services at the Former
Landfill
(memorandum dated December 18, 2013)
Environmental Control Board
None
ADJOURNMENT
12, 2013
Geosyntec for FDEP
South Gifford Road
176-186
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record
of the proceedings is made which includes the testimony and evidence upon which the appeal will be based
Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act
(ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available
for review in the Board of County Commission Office, the Indian River County Main Library and the North County
Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5.00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
January 7, 2014
Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
evERN
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
JANUARY 7, 2014
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1
ADD: ITEM 5.B. PRESENTATION BY LEE KIMBELL AND BETH WALSH ERIKSON
REGARDING SUMMIT FOR PARENTS OF TEENS AND TWEENS 2
DELETE: ITEM 8 L APPROVAL OF AMENDMENT NO. 1 TO WORK ORDER NO.
GKE-2 FOR SCRUB JAY FRIENDLY LANDSCAPE DESIGN SERVICES FOR OSPREY
MARSH (FORMERLY PC SOUTH ALGAL NUTRIENT REMOVAL FACILITY) 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF JANUARY
2014 AS NATIONAL MENTORING MONTH 2
5.B. ADDITION. PRESENTATION BY LEE KIMBALL AND BETH WALSH ERIKSEN
REGARDING SUMMIT FOR PARENTS OF TEENS AND TWEENS 2
6. APPROVAL OF MINUTES 3
January 7, 2014 1
6.A. APPROVAL OF MINUTES REGULAR MEETING OF NOVEMBER 12, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. 2013-2014 APPOINTMENT TO THE DEPARTMENT OF JUVENILE JUSTICE (DJJ)
CIRCUIT 19 ADVISORY BOARD 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - DECEMBER 6, 2013 TO DECEMBER 12, 2013 4
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA S RESEARCH COAST
LEGISLATIVE CONFERENCE 4
8.C. RESOLUTION FORMALLY DESIGNATING A PORTION OF COUNTY OWNED
PROPERTY ALONG 26TH STREET AS RIGHT-OF-WAY 5
8.D. APPROVAL OF WORK ORDER No. PCM -2 FOR SEDIMENT REMOVAL AT PC
MAIN SCREENING FACILITY 5
8.E. SHERIFF'S CRIME SCENE UNIT - FINAL PAYMENT OF RETAINAGE FOR PHASE I
AND PHASE II - DONADIO AND ASSOCIATES 6
8.F. CONSIDERATION OF HOURLY RATE INCREASE FOR DAY LABOR SERVICES BID
2012006 (PUBLIC WORKS DEPARTMENT / ROAD AND BRIDGE DIVISION) 6
8.G. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2013/2014 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 7
8.11. ACCEPTANCE AND APPROVAL OF EXPENDITURES OF THE 2013/2014
FEDERALLY -FUNDED COMMUNITY EMERGENCY RESPONSE TEAM (CERT) SUB -
GRANT #14 -CI -XX -XX -XX -XX -XXX 7
8.I. MISCELLANEOUS BUDGET AMENDMENT 004 8
8.J. APPROVAL OF BID AWARD FOR IRC BID #2014019 CONTRACT SERVICES FOR
BEACH PARKS MAINTENANCE 8
8.K. APPROVAL OF RELEASE OF RETAINAGE FOR VARIOUS TASKS OF WORK ORDER
No. L-1, CHANGE ORDER NO. 2, AND CHANGE ORDER NO. 3 WITH G. K.
ENVIRONMENTAL, INC. FOR EGRET MARSH STORMWATER PARK 9
8 L DELETED: APPROVAL OF AMENDMENT No. 1 TO WORK ORDER No. GKE-2 FOR
SCRUB JAY FRIENDLY LANDSCAPE DESIGN SERVICES FOR OSPREY MARSH
(FORMERLY PC SOUTH ALGAL NUTRIENT REMOVAL FACILITY) 9
January 7, 2014 2
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARINGS - NONE 9
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. REV. WILLIAM MOSLEY AND BILL RIGBY, GIFFORD ECONOMIC DEVELOPMENT
COUNCIL, INC. 10
10.C. PUBLIC NOTICE ITEMS 10
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 14, 2014: MARGARET
FULLER'S REQUEST FOR ABANDONMENT OF A 74 LONG/33' WIDE PORTION OF
DOUBLOON DRIVE IN FRONT OF 9440 DOUBLOON DRIVE, LOT 6, BLOCK D IN
THE SUMMER PLACE UNIT 3 SUBDIVISION (LEGISLATIVE) 10
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 14, 2014: 11
CONSIDER CODIFYING THE CODE OF INDIAN RIVER COUNTY (LEGISLATIVE) 11
10.C.3. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 14, 2014 TO REDUCE
SEWER HOOK-UPS IN THE WEST WABASSO PHASE I SEWER AND DRAINAGE
PROJECT INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES
(IRCDUS) PROJECT NO: UCP 4078 (LEGISLATIVE) 11
11. COUNTY ADMINISTRATOR MATTERS 11
11.A. EXECUTIVE SESSION JANUARY 7, 2014 AT A TIME CERTAIN OF 10:00 A.M. 11
REQUEST FOR EXECUTIVE SESSION JANUARY 7, 2014 AT A TIME CERTAIN OF
10:00 A.M. TO DISCUSS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
(IAFF) UNION NEGOTIATIONS 11
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT - NONE 12
12.B. EMERGENCY SERVICES - NONE 12
12.C. GENERAL SERVICES - NONE 12
12.D. HUMAN RESOURCES - NONE 12
12.E. HUMAN SERVICES - NONE 12
12.F. LEISURE SERVICES - NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET 12
January 7, 2014 3
12.G.1. INTERFUND LOAN - SANDRIDGE GOLF COURSE IRRIGATION 12
12.11. RECREATION - NONE 13
12.I. PUBLIC WORKS - NONE 13
12.J. UTILITIES SERVICES 13
12.J.1. INDIAN RIVER AERODROME SUBDIVISION - ASSESSMENT RESULTS, INDIAN
RIVER COUNTY PROJECT No: UCP 4100 13
13. COUNTY ATTORNEY MATTERS 14
13.A. APPROVAL OF SUPPLEMENTAL ATTORNEY'S FEES INCURRED ON BEHALF OF
WILLIAM BETHEL: PARCEL 108 14
13.B. REQUEST TO PURCHASE A PARCEL OF PROPERTY OFF THE LIST OF LANDS
AVAILABLE 14
13.C. OPTIONS FOR INTERVENTION IN CITY OF VERO BEACH ELECTRIC UTILITIES
ISSUES 15
13.D. REQUEST FOR RENAMING OF SEVEN50 17
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 18
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 18
14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 18
14.D. COMMISSIONER BOB SOLARI 18
14.D.1. SAVE THE INDIAN RIVER LAGOON ESTUARY Now, INC. (STIRLEN, INC.) 18
14.E. COMMISSIONER TIM ZORC - NONE 20
15. SPECIAL DISTRICTS AND BOARDS 20
15.A. EMERGENCY SERVICES DISTRICT - NONE 20
15.B. SOLID WASTE DISPOSAL DISTRICT 20
15.B.1. APPROVAL OF MINUTES MEETING OF NOVEMBER 12, 2013 20
15.B.2. AMENDMENT NO. 1 TO WORK ORDER NO. 7 TO GEOSYNTEC CONSULTANTS
INC., FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTOIN (FDE)
RELATED CONSULTING SERVICES AT THE FORMER SOUTH GIFFORD ROAD
LANDFILL 20
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 20
January 7, 2014 4
16. ADJOURNMENT 20
January 7, 2014 5
JEFFREY R. SMITH
Clerk to the Board
January 7, 2014
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, January 7, 2014. Present were Chairman Peter D. O'Bryan, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E Flescher Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Community Development Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
January 7, 2014 1
ADD: ITEM S.B. PRESENTATION BY LEE KIMBELL AND BETH WALSH ERIKSON
REGARDING SUMMIT FOR PARENTS OF TEENS AND TWEENS
DELETE: ITEM 8.L. APPROVAL OF AMENDMENT No. 1 To WORK ORDER No.
GKE-2 FOR SCRUB JAY FRIENDLY LANDSCAPE DESIGN SERVICES FOR
OSPREY MARSH (FORMERLY PC SOUTH ALGAL NUTRIENT REMOVAL
FACILITY)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING THE MONTH OF
JANUARY 2014 AS NATIONAL MENTORING MONTH
Chairman O'Bryan read and presented the Proclamation to Sabrina Seme, Volunteer
Recruiter for Big Brothers and Sisters, St Lucie, Indian River, and Okeechobee Counties. Ms.
Seme invited the Commissioners and public to attend a free Pancake Breakfast at Applebee's in
Ft. Pierce, on January 16, 2014, to honor the volunteers. Further information on the Big Brothers
and Sisters program is available at 772-466-8535.
S.B. ADDITION: PRESENTATION BY LEE KIMBALL AND BETH WALSH ERIKSEN
REGARDING SUMMIT FOR PARENTS OF TEENS AND TWEENS
Beth Walsh Eriksen provided information on the Summit for Parents of Teens and
Tweens that will be held on Saturday, January 11, 2014, from 10:00 a.m. to 3:30 a.m., at the First
January 7, 2014 2
Presbyterian Church Auditorium. She stated that further information is available at
www.bethWE com, and provided a copy of the summit brochure to the County Commission.
Lee Kimball advised that there are scholarships available for parents who are unable to
afford the attendance fee.
6. APPROVAL OF MINUTES
6.A. APPROVAL OF MINUTES REGULAR MEETING OF NOVEMBER 12, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the minutes of the November 12, 2013 meeting,
as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. 2013-2014 APPOINTMENT TO THE DEPARTMENT OF JUVENILE JUSTICE
(DJJ) CIRCUIT 19 ADVISORY BOARD
Noted for the record was the Board of County Commission's appointment of Joseph E
Flescher, County Commissioner, District 2, to the Department of Juvenile Justice (DJJ) Circuit
19 Advisory Board.
January 7, 2014 3
8. CONSENT AGENDA
Chairman O'Bryan recalled that Item 8 L had been deleted under Additions/Deletions to
the Agenda/Emergency items.
Bob Johnson requested to pull Item 8 B from the Consent Agenda for discussion.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - DECEMBER 6, 2013 TO DECEMBER 12, 2013
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the list of Warrants and Wires issued by the
Comptroller's Office for the time period of December 6,
2013 to December 12, 2013, as requested in the
memorandum of December 12, 2013.
8.B. OUT OF COUNTY TRAVEL TO A TTEND THE FLORIDA'S RESEARCH COAST
LEGISLATIVE CONFERENCE
Bob Johnson, Coral Wind Subdivision, noted that he did not see in the Board's agenda
package, a conference agenda that would show good cause for expending the funds associated
with Board travel and attendance at the event
January 7, 2014 4
A brief discussion followed about the importance of the Board members traveling to
these types of events to help advance County issues. It was also noted that none of the Board
Members were sure of attending this particular conference.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
out -of -County travel for Commissioners and staff to attend
the Florida's Research Coast Legislative Conference in
Tallahassee, Florida, on March 12 through 14, 2014, as
requested in the memorandum of December 20, 2013.
8.C. RESOLUTION FORMALLY DESIGNATING A PORTION OF COUNTY OWNED
PROPERTY ALONG 26TH STREET AS RIGHT-OF-WAY
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2014-001, formally designating
certain County owned property for right-of-way, and
directing the Property Appraiser to cut out the property
designated as right-of-way from the parent parcel (Lot 1 of
Davilla Park, recorded in Plat Book 3 page 69, of the
public records of Indian River County, Florida).
8.11 APPROVAL OF WORK ORDER No. PCM -2 FOR SEDIMENT REMOVAL AT
PC MAIN SCREENING FACILITY
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute Work
January 7, 2014 5
Order No. PCM -2 with EMC Divers, Inc., for $7,100.00,
as requested in the memorandum of December 20, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. SHERIFF'S CRIME SCENE UNIT - FINAL PAYMENT OF RETAINAGE FOR
PHASE I AND PHASE II - DONADIO AND ASSOCIATES
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the final pay request from Donadio and
Associates, Architects P A , in the amount of $6,500.10,
as recommended in the memorandum of December 15,
2013.
8.F. CONSIDERATION OF HOURLY RATE INCREASE FOR DAY LABOR SERVICES
BID 2012006 (PUBLIC WORKS DEPARTMENT/ROAD AND BRIDGE
DIVISION)
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved an increase to offset the State of Florida's
minimum wage increase only; and (2) authorized the
Purchasing Division to issue blanket purchase orders at
the new hourly rate for the period beginning the date of
Board authorization through September 30, 2014, with
Labor Ready (formerly MDT Personnel) as recommended
in the memorandum of December 27, 2013.
January 7, 2014 6
8.G. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2013/2014 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Certificate of Acceptance of Subgrant Award
for the Multi -Agency Criminal Enforcement Unit
(M A C E) Grant in the amount of $61,852, as
recommended in the memorandum of December 30, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. ACCEPTANCE AND APPROVAL OF EXPENDITURES OF THE 2013/2014
FEDERALL ¥FUNDED COMMUNITY EMERGENCY RESPONSE TEAM
(CERT) SUB -GRANT #14 -CI -XX -XX -XX -XX XXX
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
accepted and approved of expenditures as directed in the
Federally Funded Subgrant Agreements; and (2)
authorized staff to make any adjustments made for line -
item changes which may occur after execution of the
contract with the State's written approval, rather than
return the funding for reallocation to other counties, as
stated and recommended in the memorandum of
November 8, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 7, 2014 7
8.I. MISCELLANEOUS BUDGET AMENDMENT 004
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis the Board unanimously
approved Resolution 2014-002, amending the Fiscal Year
2013-2014 Budget.
8.J. APPROVAL OF BID AWARD FOR IRC BID #2014019 CONTRACT SERVICES
FOR BEACH PARKS MAINTENANCE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
awarded the Landscape Maintenance portion of this bid to
Integrity Lawn and Landscaping, Okeechobee, Florida, in
the amount of $21,000 annually, as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
awarded the Janitorial Maintenance portion of this bid to
C E R. Signature Cleaning in the amount of $60,000
annually, as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the
Invitation to Bid; (3) approved the sample agreement; and
(4) authorized the Chairman to execute said agreement
after receipt and approval of the required certificate of
insurance and after the County Attorney has approved the
agreement as to form and legal sufficiency, all as
recommended in the memorandum of December 19, 2013.
CONTRACTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 7, 2014 8
8.K. APPROVAL OF RELEASE OF RETAINAGE FOR VARIOUS TASKS OF WORK
ORDER No. L-1, CHANGE ORDER No. 2, AND CHANGE ORDER No. 3 WITH
G. K. ENVIRONMENTAL, INC. FOR EGRET MARSH STORMWATER PARK
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved release of retainage held through Calendar Year
2013 for a portion of the landscape maintenance and
exotic vegetation control services in G.K. Environmental,
Inc.'s Work Order No L-1; and (2) approved Change
Orders No. 2 and 3 with G.K. Environmental, Inc. as
recommended in the memorandum of December 30, 2013.
8.L. DELETED: APPROVAL OF AMENDMENT No. 1 TO WORK ORDER No. GKE-
2 FOR SCRUB JAY FRIENDLY LANDSCAPE DESIGN SERVICES FOR OSPREY
MARSH (FORMERLY PC SoUTH ALGAL NUTRIENT REMOVAL FACILITY)
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS - NONE
January 7, 2014 9
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REV. WILLIAM MOSLEY , GIFFORD ECONOMIC
DEVELOPMENT COUNCIL, INC.
Reverend William Mosley, Gifford Economic Development Council, 8465 59th Avenue,
addressed the Board with his request for assistance and financial backing for the Gifford
Economic Development Council, Inc., which seeks to create a business incubator within the
community to foster job creation and minority businesses. He stated that the County's efforts in
Gifford have not thus far resolved the poverty and other issues within the community.
Chairman O'Bryan discussed the financial constraints of the Board of County
Commissioners; disclosed economic development measures that the County has already initiated
in Gifford; and suggested that Reverend Mosley see about having his ideas incorporated into the
Gifford Neighborhood Plan (GNP).
A brief discussion ensued regarding Reverend Mosley's efforts to find financial support
to market his invention, a computer tablet holder.
County Administrator Joseph Baird told Reverend Mosley about the State of Florida's
Black Business Loan program, and also invited him to provide a copy of his business plan to the
County Administrator's office and the Chamber of Commerce.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 14, 2014:
MARGARET FULLER'S REQUEST FOR ABANDONMENT OF A 74' LONG/33'
WIDE PORTION OF DOUBLOON DRIVE IN FRONT OF 9440 DOUBLOON
January 7, 2014 10
DRIVE, LOT 6, BLOCK IN THE SUMMER PLACE UNIT 3 SUBDIVISION
(LEGISLATIVE)
10. C.2. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 14, 2014:
CONSIDER CODIFYING THE CODE OFINDIANRIVER COUNTY
(LEGISLATIVE)
10. C.3. NOTICE OF SCHEDULED PUBLIC HEARING JANUARY 14, 2014: To
REDUCE SEWER HOOK-UPS IN THE WEST WABASSO PHASE I SEWER AND
DRAINAGE PROJECT INDIAN RIVER COUNTY DEPARTMENT OF UTILITY
SERVICES (IRCDUS) PROJECT No: UCP 4078 (LEGISLATIVE)
County Attorney Dylan Reingold read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
11.A. EXECUTIVE SESSION JANUARY 7, 2014 ATA TIME CERTAIN OF 10:00 A.M.
REQUEST FOR EXECUTIVE SESSION JANUARY 7, 2014 ATA TIME CERTAIN
OF 10:00 A.M. TO DISCUSS INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS (IAFF) UNION NEGOTIATIONS
(Clerk's Note: This item followed Item 1211. and is placed here for continuity. The
Chairman announced that the Board would retreat to the County Commission Conference Room
to conduct the Executive Session).
The Chairman read into the record the opening remarks of the Executive Session
requested for 10:00 a.m. Those in attendance were Commissioners Wesley S. Davis, Joseph E
Flescher, Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were the members of the
bargaining committee: Colleen Peterson, Human Resources Manager; Michael Zito, Assistant
January 7, 2014 11
County Administrator; Jason Brown, Director of Management and Budget; John King,
Emergency Services Director; Jeffrey Mandel, Attorney with Fisher & Phillips, LLP; and County
Administrator Joseph A. Baird.
The Board reconvened in the Chambers at 12:11 p.m., and the Chairman closed the
Executive Session. The County Commission meeting resumed with Item 13.A.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. INTERFUND LOAN- SANDRIDGE GOLF COURSE IRRIGATION
Director of Management and Budget Jason Brown provided background and analysis on
the County -initiated request to use interfund borrowing from the General Fund for a new
irrigation system to replace the original system at the Dunes Golf Course at Sandridge Golf Club.
He asked the Board to authorize the irrigation project and approve the concept of an interfund
loan, not to exceed $1 million, from the General Fund, and advised that staff will return with a
report on the final debt service schedule for the loan.
January 7, 2014 12
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman O'Bryan, to: (1) provide
conceptual approval of an interfund loan from the General
Fund (not to exceed $1 million) to provide funding to
replace the irrigation system on the Dunes Course at
Sandridge Golf Club; and (2) authorize staff to move
forward with construction of this project.
Bob Johnson's questions regarding the interfund loan sparked further discussion and
explanations by Commissioners and staff.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
12.H. RECREATION- NONE
12.L PUBLIC WORKS' - NONE
12.J. UTILITIES SERVICES
12.J.1. INDIAN RIVER AERODROME SUBDIVISION -ASSESSMENT RESULTS,
INDIAN RIVER COUNTY PROJECT NO: UCP 4100
Director of Utility Services Vincent Burke gave a PowerPoint presentation (on file)
recapping the background of the proposed Indian River Aerodrome Subdivision (Aerodrome)
Water Assessment Project. He provided analysis on the survey that was sent to the Aerodrome
residents, revealed that over two-thirds of the residents were not in favor of the water assessment
project, and presented staff's recommendation to terminate the project based upon survey results.
January 7, 2014 13
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously
authorized the Chairman to direct staff to terminate the
Indian River Aerodrome Water Assessment Project, as
recommended in the memorandum of December 30, 2013.
13. COUNTY ATTORNEY MATTERS
13.A. APPROVAL OF SUPPLEMENTAL ATTORNEY'S FEES INCURRED ON BEHALF
OF WILLIAMBETHEL: PARCEL 108
Deputy County Attorney William DeBraal recalled the history of this item, which
pertains to a 0.89 acre parcel owned by William Bethel that was acquired by the County through
eminent domain, for the 66th Avenue road project. After providing an analysis of the attorney
fees that were incurred on behalf of Mr. Bethel when this matter went to a jury trial, he presented
staff's recommendation for the Board to pay $26,000 as full and final settlement of Supplemental
Attorney's Fees.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Zorc, the Board unanimously approved the
Supplemental Attorney's Fees for Defendant William
Bethel, in the amount of $26,000, as recommended in the
memorandum of December 30, 2013.
13.B. REQUEST TO PURCHASE A PARCEL OF PROPERTY OFF THE LIST OF
LANDS A VAILABLE
Attorney DeBraal displayed a slide of a parcel that is on the County Tax Collector's List
of Lands Available, explaining that the site address of the parcel is 6211d Court, but the portion of
the property being used as a road segment is at 86th Lane. He relayed the request of the County's
January 7, 2014 14
Public Works Department for the County to purchase this parcel and designate the latter portion
of the parcel as 86th Lane right-of-way, and affirmed staff's recommendation for the Board to
approve the purchase for a sum of $6,137.25.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the purchase of the parcel of
property identified as Tax Parcel I.D. No. 31-39-29-
00000-5000-00096.0 (assessed owners Daisy Lincoln,
May E. Schlingloff, the Estate of John D Lincoln, David
Lincoln, Elizabeth Hughes, and Elisha Anderson) from the
List of Lands Available; (2) once purchased, authorized
designation of that portion of said parcel as 86 h Lane
right-of-way, with the remainder of the property to be sold
or offered to nonprofit organizations for affordable
housing; and (3) authorized staff, once the purchase has
been accomplished, to: (a) bring back to the Board of
County Commissioners for adoption, a resolution
cancelling taxes on the property, and (b) proceed to
surplus the remainder for future sale and/or offer to
nonprofit organizations for affordable housing, as
recommended in the memorandum of December 30, 2013.
13. C. OPTIONS FOR INTERVENTION IN CITY OF VERO BEACH ELECTRIC
UTILITIES ISSUES
County Attorney Dylan Reingold recalled the Board's direction for the County Attorney
to return with analysis on the suggestions made by Dr. Stephen Faherty at the December 3, 2013
County Commission meeting for continued Board action with regards to supporting the
prospective sale of the City of Vero Beach (the City) Electric Utility (Vero Beach Electric) to
January 7, 2014 15
Florida Power and Light (FPL) He reported that based on upcoming Florida Municipal Power
Agency (FMPA) hearings on January 23 and February 19, 2014, Dr. Faherty and City Attorney
Wayne Coment have proposed that the City Council continue the abeyance of the Faherty/Heran
case that is before the Public Service Commission (PSC), through September 2014. Attorney
Reingold also recalled the Board's consideration of issuing a declaratory statement to FMPA
regarding non -renewal of the County's Franchise Agreement with the City, but he recommended
that the Board defer taking any action at this time and have the County Attorney's office report
back to the Commission after the FMPA meetings.
Commissioner Zorc noted that he would be attending the January 23, 2014 FMPA
meeting.
Scott Stradley, 1797 14th Avenue offered his remarks as a citizen, not in his capacity as
Chairman of the Utility Commission for the City of Vero Beach. He urged the County
Commission to maintain pressure on FMPA to approve the sale of the Vero Beach Electric
Utility to FPL
Chairman O'Bryan affirmed that if FMPA continues to stall after its meetings, the Board
will keep the pressure on.
Commissioner Solari agreed with giving the FMPA the chance to negotiate with the City
and requested that the County Attorney return with an update in March 2014, including analysis
on whether the County should issue the declaratory statement to the FMPA.
ON MOTION by Commissioner Solari, SECONDED by
Chairman O'Bryan, the Board unanimously: (1) approved
to monitor the hearings and action(s) taken by the Florida
Municipal Power Agency (FMPA) in January and
February 2014, as such action(s) could make any further
action by the Board moot; and (2) directed the County
January 7, 2014 16
Attorney's office to report back to the Board in March
2014 on the status of the City of Vero Beach Electric
System issue, with analysis on whether it would be in the
County's best interest to issue a declaratory statement to
the Florida Municipal Power Agency, so that the County's
legal obligations with respect to the terminated franchise
agreement could be declared.
13.D. REQUEST FOR RENAMING OF SEVENSO
Attorney Reingold recalled the Board's direction on December 17, 2013, for the County
Attorney's office, with input from Commissioner Solari, to draft a Resolution requesting the
renaming of the Seven50 (Seven Counties 50 Years) collaborative to reflect the number of
counties that remain members, and asking for a vote from the Treasure Coast Regional Planning
Council (TCRPC) at its March 2014 meeting. He directed the Board's attention to the draft
document and advised that the Clerk to the Board office of Indian River County would send a
copy of the Resolution to Seven50's Executive Committee Chairman, Samuel Ferreri, and to the
Executive Directors of the Treasure Coast Regional Planning Council (TCRPC) and the South
Florida Regional Planning Council (SFRPC), Michael Busha and James Murley respectively.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to approve
Resolution 2014-003, requesting all Seven50 documents
accurately reflect the number of counties participating in
the process; directing the Clerk to the Board to mail copies
of this resolution; and requesting a vote by the Treasure
Coast Regional Planning Council.
Chairman O'Bryan mentioned that only two counties have thus far withdrawn from the
Seven50, with Martin County slated to withdraw in the future. He noted that it would be a
January 7, 2014 17
stretch to say that Indian River County as a whole is not participating in the Seven50, because
there are municipalities within the County that are still involved. He also disagreed with certain
statements in the document including the declaration that "the only way for liberty to prosper is
to keep and maintain a limited government," because his experience has shown that in hard
economic times, the public wants more from local government in terms of service.
Commissioner Solari explained that he felt it was appropriate to say that Indian River
County has withdrawn from the Seven50, and that the County pays the fees, not the
municipalities.
A brief discussion followed as Commissioners O'Bryan and Solari spoke to their views
on the concept of limited government
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman O'Bryan opposed), the Motion carried.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS. VICE CHAIRMAN NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER BOB SOLARI
14.D.1. SAVE THE INDIAN RIVER LAGOON ESTUARY NOW, INC. (STIRLEN, INC.)
Commissioner Solari reported that the non-profit organization, Save the Indian River
Lagoon Estuary Now (STIRLEN) Inc., was formed after Commissioner Zorc was elected to the
County Commission, and that he (Commissioner Zorc) is a Board Member of STIRLEN. In
January 7, 2014 18
view of the fact that STIRLEN will soon be presenting an action plan to the Board of County
Commissioners, he wanted to have the County Attorney research whether the STIRLEN group is
subject to the Florida Government in the Sunshine Law ("the Sunshine") requirements.
Discussion and debate as individual Board Members opined on whether the STIRLEN
group might fall under the Sunshine.
Scott Stradley, Board Member of STIRLEN, described the non-profit organization's
goals and objectives, and stressed that it is a privately funded 501(c)(3) corporation, not a
committee. He explained that the group was structured to not fall under the Sunshine, in order to
facilitate communication between scientists and other stakeholders outside of the meetings.
A brief discussion ensued about whether the Treasure Coast Regional Planning Council
(TCRPC), on which Chairman O'Bryan sits, has been providing legal notices for its meetings in
each of its member counties, in "newspapers of general circulation."
Commissioner Solari offered to incorporate into his formal Motion, direction to the
County Attorney to research the legal notice issue; it was noted that Chairman O'Bryan, who
chairs the TCRPC, could also explore whether the legal notices are being put in "newspapers of
general circulation" for each member county.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously directed
the County Attorney to: (1) explore whether the non-profit
organization, Save the Indian River Lagoon Estuary Now
(STIRLEN), Inc., is subject to the Florida Government in
the Sunshine Law; and (2) to make sure the legal notices
are being put in "newspapers of general circulation" for
each member county in the Treasure Coast Regional
Planning Council.
January 7, 2014 19
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Board of County Commissioners reconvened as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES MEETING OF NOVEMBER 12, 2013
15.B.2. AMENDMENT NO. 1 TO WORK ORDER No. 7 TO GEOSYNTEC
CONSULTANTS INC., FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTOIN (FDE) RELATED CONSULTING SERVICES AT THE FORMER
SOUTH GIFFORD ROAD LANDFILL
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 1:02 p.m.
January 7, 2014 20
ATTEST:
J' . Smit
Clerk of Circuit Court and Comptroller
Minutes Approved: FEB 0 4 2014
BCC/MG/2014Minutes
January 7, 2014 21
a h GeHmr,
Peter D. O'Bryan, Chairman