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HomeMy WebLinkAbout12/17/2013MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 17, 2013 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Peter D. O'Bryan, Chairman Wesley S. Davis, Vice Chairman Joseph E. Flescher Bob Solari Tim Zorc 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 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 Jeffrey R. Smith, Indian River County Clerk of the Circuit Court and Comptroller Commissioner Wesley S. Davis, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Roger Lightle on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty - Two Years of Service December 17, 2013 PAGE 1-2 Page 1 of 6 5. PROCLAMATIONS and PRESENTATIONS PAGE B. Presentation by Michael Zito Indian River County Assistant County Administrator, of the United States Tennis Association Event Announcement: The 2014 Vero Beach International Tennis Open at the Vero Beach Tennis and Fitness Club 6. APPROVAL OF MINUTES A. Regular Meeting of November 5, 2013 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Holiday Hours of Operation During December, 2013 and January 1, 2014 (memorandum dated December 9, 2013) 3-4 B. Proclamation and Retirement Award Honoring Gary Baggaley on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty -Two Years of Service 5-6 C. Proclamation and Retirement Award Honoring Lennie Rogers on His Retirement From Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Twenty -Four Years of Service 7-8 8. CONSENT AGENDA A. Approval of Warrants — November 22, 2013 to November 29, 2013 (memorandum dated November 29, 2013) 9-15 B. Approval of Warrants — November 31, 2013 to December 5, 2013 (memorandum dated December 5, 2013) 16-23 C. 2014 Committee Assignments (memorandum dated December 9, 2013) 24-26 D. Permission to Advertise for Public Hearing for Amendment to Section 100.03(4) of the Indian River County Code, Codifying and Publishing the Ordinances to Readopt the Code as Published by the Municipal Code Corporation (memorandum dated December 10, 2013) 27 E GHO Fieldstone Ranch Corp's Request for Final Plat Approval for a Subdivision to be Known as Fieldstone Ranch Phase 3 (memorandum dated December 9, 2013) 28-36 December 17, 2013 Page 2 of 6 8. CONSENT AGENDA F. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, Etc ) (memorandum dated December 9, 2013) PAGE 37-38 G. Final Pay Request No. 2 to Melvin Bush Construction Company for Water Main Loops on 9th Manor SW and 13th Street SW, UCP 4101 WIP No. 471- 169000-13525 and 471-206-13525 (memorandum dated December 9, 2013) 39-43 H. Amendment to Elevated Water Tank Space License Agreement with T - Mobile (memorandum dated December 4, 2013) 44-75 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Deryl Loar — Indian River County Sheriff Purchase of Items to Completely Equip the New Crime Scene Building (letter dated December 10 2013) 10. PUBLIC ITEMS A. PUBLIC HEARINGS None 76-88 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. Request to Speak from Fred Mensing Regarding Settlement of Lawsuit and Failure to Give Proper Notice of Lawsuit to Insurance Carrier 89-90 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None December 17, 2013 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE A. Community Development 1. Condemnation, Demolition and Removal of Unsafe Structures Located at 4470 31St Avenue, 4251 31St Avenue, 4301 28th Avenue, 4333 31St Avenue 8310 63rd Court, and 8386 63rd Court (memorandum dated November 21, 2013) B. Emergency Services None C. General Services D. None Human Resources None E. Human Services F. None Leisure Services None G. Office of Management and Budget None H. Recreation None I. Public Works None 91-122 J. Utilities Services 1. Work Order No. 5 — Moia, Bowles, Villamizar & Associates (MBV), South County RO Facility Storage Tank Modification — Amendment 1 to Work Order No. 5 (memorandum dated December 3, 2013) 123-128 December 17, 2013 Page 4 of 6 13. COUNTY ATTORNEY MATTERS PAGE None 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O'Bryan, Chairman None B. Commissioner Wesley S. Davis, Vice Chairman None C. Commissioner Joseph E Flescher None D. Commissioner Bob Solari 1. Seven/50 (memorandum dated December 11, 2013) 129 E. Commissioner Tim Zorc 1. All Aboard Florida and FEC Railroad Crossings (memorandum dated December 9, 2013) 130 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Seventh Amendment to SWDD Feedstock Supply Agreement with INPB (memorandum dated December 9, 2013) C. 131-134 2. Final Pay for CDM Smith Work Order No. 5 — Wetland Filling (memorandum dated December 6, 2013) 135-142 3. Final Pay for CDM Smith Work Order No. 9 — Design, Permitting and Construction of the New Oslo Customer Convenience Center (memorandum dated December 6, 2013) 143-152 Environmental Control Board None December 17, 2013 Page 5 of 6 16. ADJOURNMENT 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. December 17, 2013 Page 6 of 6 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING BOARD OF COUNTY COMMISSIONERS DECEMBER 17, 2013 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 ADDITION: ITEM 8.I. EMERGENCY ITEM - FRANK P. BROSENS' REQUEST FOR RELEASE OF A PORTION OF AN EASEMENT AT 3340 SAVANNAH PLACE (LOTS 4 AND 5, BLOCK 23, WINDSOR PHASE IV PD) 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING ROGER LIGHTLE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE 2 5.B. PRESENTATION BY MICHAEL ZITO, INDIAN RIVER COUNTY ASSISTANT COUNTY ADMINISTRATOR, OF THE UNITED STATES TENNIS ASSOCIATION EVENT ANNOUNCEMENT. THE 2014 VERO BEACH INTERNATIONAL TENNIS OPEN AT THE VERO BEACH TENNIS AND FITNESS CLUB 2 December 17, 2013 1 6. APPROVAL OF MINUTES 3 6.A. MEETING OF NOVEMBER 5, 2013 3 7 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. HOLIDAY HOURS OF OPERATION DURING DECEMBER 2013 AND JANUARY 1, 2014 3 7.B. PROCLAMATION AND RETIREMENT AWARD HONORING GARY BAGGALEY ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE 4 7.C. PROCLAMATION AND RETIREMENT AWARD HONORING LENNIE ROGERS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY-FOUR YEARS OF SERVICE 4 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS - NOVEMBER 22, 2013 TO NOVEMBER 29, 2013 5 8.B. APPROVAL OF WARRANTS -NOVEMBER 31, 2013 TO DECEMBER 5, 2013 5 8.C. 2014 COMMITTEE ASSIGNMENTS 5 8.D. PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR AMENDMENT TO SECTION 100.03(4) OF THE INDIAN RIVER COUNTY CODE, CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT THE CODE AS PUBLISHED BY THE MUNICIPAL CODE CORPORATION 6 8 E GHO FIELDSTONE RANCH CORP S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS FIELDSTONE RANCH PHASE 3 6 8.F. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) 6 8.G. FINAL PAY REQUEST No. 2 TO MELVIN BUSH CONSTRUCTION COMPANY FOR WATER MAIN LOOPS ON 9TH MANOR SW AND 13TH STREET SW, UCP 4101, WIP No. 471-169000-13525 AND 471-206-13525 7 8.H. AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT WITH T -MOBILE 7 December 17, 2013 2 8.I. ADDITION. EMERGENCY ITEM - FRANK P. BROSENS' REQUEST FOR RELEASE OF A PORTION OF AN EASEMENT AT 3340 SAVANNAH PLACE (LOTS 4 AND 5, BLOCK 23, WINDSOR PHASE IV PD) 8 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8 9.A.1. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - PURCHASE OF ITEMS TO COMPLETELY EQUIP THE NEW CRIME SCENE BUILDING 8 10. PUBLIC ITEMS 9 10.A. PUBLIC HEARINGS - NONE 9 10.B. PUBLIC DISCUSSION ITEMS 9 10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OF LAWSUIT AND FAILURE TO GIVE PROPER NOTICE OF LAWSUIT TO INSURANCE CARRIER 9 10.C. PUBLIC NOTICE ITEMS - NONE 9 11. COUNTY ADMINISTRATOR MATTERS - NONE 9 12. DEPARTMENTAL MATTERS 9 12.A. COMMUNITY DEVELOPMENT 9 12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES LOCATED AT 4470 31ST AVENUE, 4251 31ST AVENUE, 4301 28TH AVENUE, 4333 31ST AVENUE, 8310 63RD COURT, AND 8386 63RD COURT 9 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 - NONE 12 12.H. RECREATION - NONE 13 12.I. PUBLIC WORKS - NONE 13 12.J. UTILITIES SERVICES 13 December 17, 2013 3 12.J.1 WORK ORDER NO. 5 — MOIA, BOWLES, VILLAMIZAR & ASSOCIATES (MBV), SOUTH COUNTY REVERSE OSMOSIS (RO) FACILITY STORAGE TANK MODIFICATION — AMENDMENT 1 TO WORK ORDER NO. 5 13 13. COUNTY ATTORNEY MATTERS - NONE 13 14. COMMISSIONER ITEMS 13 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 13 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 13 14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 13 14.D. COMMISSIONER BOB SOLARI 14 14.D.1. SEVEN50 14 14.E. COMMISSIONER TIM ZORC 15 14.E.1. ALL ABOARD FLORIDA AND FLORIDA EAST COAST (FEC) RAILROAD CROSSINGS 15 15. SPECIAL DISTRICTS AND BOARDS 16 15.A. EMERGENCY SERVICES DISTRICT - NONE 16 15.B. SOLID WASTE DISPOSAL DISTRICT 16 15.B.1. SEVENTH AMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH INEOS NEW PLANET BIOENERGY, LLC (INPB) 16 15.B.2. FINAL PAY FOR CDM SMITH WORK ORDER NO. 5 — WETLAND FILLING 16 15.B.3. FINAL PAY FOR CDM SMITH WORK ORDER No. 9 — DESIGN, PERMITTING AND CONSTRUCTION OF THE NEW OSLO CUSTOMER CONVENIENCE CENTER 16 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 16 16. ADJOURNMENT 17 December 17, 2013 4 JEFFREY R. SMITH Clerk to the Board December 17, 2013 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, December 17, 2013. 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 T. Remgold, and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman O'Bryan called the meeting to order at 9:02 a.m. 2. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Vice Chairman Davis led the Pledge of Allegiance to the Flag. December 17, 2013 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman O'Bryan requested the following change to the Agenda: ADDITION: ITEM B.I. EMERGENCY ITEM - FRANK P. BROSENS' REQUEST FOR RELEASE OF A PORTION OF AN EASEMENT AT 3340 SAVANNAH PLACE (LOTS 4 AND 5, BLOCK 23, WINDSOR PHASE IV PD) 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 AND RETIREMENT AWARD HONORING ROGER LIGHTLE ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE Roger Lightle was not in attendance. S.B. PRESENTATION BY MICHAEL ZITO, INDIAN RIVER COUNTY ASSISTANT COUNTY ADMINISTRA TOR, OF THE UNITED STATES TENNIS ASSOCIATION EVENT ANNOUNCEMENT: THE 2014 VERO BEACH INTERNATIONAL TENNIS OPEN AT THE VERO BEACH TENNIS AND FITNESS CLUB Assistant County Administrator Michael Zito announced that the Indian River County Recreation Department, in cooperation with the Treasure Coast Sports Commission, would be hosting the Vero Beach International Tennis Open, a professional women's tennis event featuring the top 100 players from 25 countries from January 3 - 12, 2014. He said the event December 17, 2013 2 would be held at the Vero Beach Tennis and Fitness Club, and hoped this would be the first of a 5 -year commitment. Marco Osario provided further details of the event. 6. APPROVAL OF MINUTES 6.A. MEETING OF NOVEMBER S, 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 meeting minutes of November 5, 2013, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. HOLIDAY HOURS OF OPERATION DURING DECEMBER 2013 AND JANUARY 1.2014 Noted for the record were the holiday hours of operation for the County's public facilities, and the dates and times of their closure (page 4 of the Agenda Packet). December 17, 2013 3 7.B. PROCLAMATION AND RETIREMENT AWARD HONORING GARY BAGGALEY ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SER VICES/FIRE RESCUE WITH THIRTY-TWO YEARS OF SERVICE Noted for the record was the Proclamation and Retirement award honoring Gary Baggaley on his retirement. 7. C. PROCLAMATION AND RETIREMENT AWARD HONORING LENNIE ROGERS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WITH TWENTY-FOUR YEARS OF SERVICE Noted for the record was the Proclamation and Retirement award honoring Lennie Rogers on his retirement. 8. CONSENT AGENDA Chairman O'Bryan requested to add Item 8.I. Frank P. Brosens' Request for Release of a Portion of an Easement at 3340 Savannah Place (Lots 4 and 5, Block 23, Windsor Phase IV PD), to the Agenda. Commissioner Flescher requested to pull Item 8.C. for discussion. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the Consent Agenda, as amended. December 17, 2013 4 8.A. APPROVAL OF WARRANTS - NOVEMBER 22, 2013 TO NOVEMBER 29, 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 November 22, 2013 to November 29, 2013, as requested in the memorandum of November 29, 2013. 8.B. APPROVAL OF WARRANTS - NOVEMBER 31, 2013 TO DECEMBER 5, 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 November 31, 2013 to December 5, 2013, as requested in the memorandum of December 5, 2013. 8.0 2014 COMMITTEE ASSIGNMENTS Commissioner Flescher thanked Chairman O'Bryan for continuing the fair and equitable process pertaining to committee assignments, and noted that there would be an additional committee assignment under Juvenile Justice. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the 2014 Commissioner Committee assignments outlined on pages 25 and 26 of the Agenda Packet, as recommended in the memorandum of December 9, 2013. December 17, 2013 5 8.11 PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR AMENDMENT TO SECTION 100.03(4) OF THE INDIAN RIVER COUNTY CODE, CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT THE CODE AS PUBLISHED BY THE MUNICIPAL CODE CORPORATION ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously authorized staff to advertise for a public hearing on January 14, 2014, to amend Section 100.03(4) of the Indian River County Code, as recommended in the memorandum of December 10, 2013. 8.E. GHO FIELDSTONE RANCH CORP'S REQUEST FOR FINAL PLAT APPROVAL FOR A SUBDIVISION TO BE KNOWN AS FIELDSTONE RANCH PHASE 3 ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously granted final plat approval for GHO Fieldstone Ranch Phase 3, as recommended in the memorandum of December 9, 2013. 8.F. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the fixed interest rate of 5.75%; and that the rate remains in effect for calendar year 2014 for all County financing with the exception of projects directly affiliated December 17, 2013 6 with a bond issue for which the bond covenants dictate a different interest rate, as recommended in the memorandum of December 9, 2013. 8.G. FINAL PAY REQUEST No. 2 TO MELVIN BUSH CONSTRUCTION COMPANY FOR WATER MAIN Loos ON 9TH MANOR SW AND 13TH STREET SW, UCP 4101, WIPNo. 471-169000-13525 AND 471-206-13525 ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) payment to Melvin Bush Construction Company, in the total amount of $30,311.16 for labor for 9th Manor SW and 13th Street SW Water Main Loops project; and (2) Pay Request No. 2 Final for $15,060.61, as recommended in the memorandum of December 9, 2013. 8.H. AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT WITH T -MOBILE ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the First Amendment to the Elevated Water Tank Space License Agreement with T -Mobile South LLC, and authorized the Chairman to execute the Lease on their behalf, as recommended in the memorandum of December 4, 2013. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD December 17, 2013 7 B.I. ADDITION: EMERGENCY ITEM- FRANK P. BR OSENS' REQ UES T FOR RELEASE OF A PORTION OF AN EASEMENT AT 3340 SAVANNAH PLACE (LOTS 4 AND 5, BLOCK 23, WINDSOR PHASE IV PD) ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved Resolution 2013-134, releasing a portion of an easement on Lot 5, Block 23, Windsor Phase IV PD. Before the close of the meeting, Vice Chairman Davis explained why this emergency item was not posted on the website, and asked staff to ensure that the Board did not violate the Sunshine Law. Commissioner Solari suggested adding this item to the next meeting Agenda 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A.1. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF -PURCHASE OF ITEMS TO COMPLETELY EQUIP THE NEW CRIME SCENE BUILDING ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved: (1) reimbursement for items purchased out of the Sheriff's 2013 budget relevant to the new crime scene building; and (2) purchase of additional equipment to completely equip the new Crime Scene Building, as requested in the letter of December 10, 2013. Bud Spencer, Chief Deputy, on behalf of Sheriff Deryl Loar and the Indian River County Sheriff's Office, thanked the Board for their approval. December 17, 2013 8 10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS - NONE 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OF LAWSUIT AND FAILURE TO GIVE PROPER NOTICE OF LAWSUIT TO INSURANCE CARRIER County Attorney Dylan Reingold reminded the Commissioners of the pending lawsuit that Mr. Mensing filed against the County, and cautioned the Board not to engage in conversation pertaining to this item. Fred Mensing, 7580 129th Street, Sebastian, presented this item to the Board. No discussion followed. 10.C. PUBLIC NOTICE ITEMS -NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES LOCA TED AT 4470 31ST AVENUE, 4251 31ST AVENUE, 4301 28THAVENUE, 4333 31sTAVENUE, 8310 63RD COURT, AND 8386 63RD COURT December 17, 2013 9 Building Official Scott McAdam recapped his memorandum dated November 21, 2013, providing description, conditions, and analysis on six condemned structures that were found to be unsafe and detrimental to the health, safety and welfare of the public. He recommended that the Board declare the structures unsafe, order them removed, and approve the proposed Resolution for the recovery of condemnation and demolition fees. He revealed that a demolition permit had been pulled on December 11, 2013, for the property located at 8386 63rd Court, and asked the Board to allow the property to remain on the demolition agenda in case the owner does not follow through with the demolition. A brief discussion ensued regarding title work, tax certificates, and the total dollar amounts of delinquent taxes on the properties. Deputy County Attorney William DeBraal informed the Board that his office conducts an ownership and encumbrance report at the beginning of the demolition and condemnation process, and are duty bound to notify lien holders and those with interest in the property. Chairman O'Bryan conveyed that Attorney Reingold had been exploring the possibility of crafting a report for an ordinance that would create a non -ad valorem tax assessment instead of a lien for these types of activities. Mr. McAdam responded to Chairman O'Bryan, stating that certified notices of the potential demolition hearing had been sent to all property owners, that responses pertaining to the properties had been received, and that notices were posted on the properties. Althea McKenzie, 2405 16th Avenue, stated that two in every five properties designated for demolition are located in Gifford, and she voiced her concerns. She did not believe there were local programs that reach out to people in need. She did not feel that all individuals wanted their structures torn down because of the impact and permit fees involved in rebuilding. She listed several options, asked the Board to review the programs that are currently in place to assist December 17, 2013 10 those who have ties to the properties, investigate what is still needed to make Gifford a healthy and viable neighborhood, and to ensure long term consistency with specific programs. Administrator Joseph Baird and Ms. McKenzie discussed the County's Rental Assistance program. Attorney Reingold informed the Board that three properties were current on their taxes, two had tax certificates on them, and one was currently unknown. Administrator Baird reiterated that since the sites had structures on them, and should the owner of the structure build a new structure, there would be no impact fees unless they increase the size. Vice Chairman Davis and Ms. McKenzie discussed the auctioning process and the property surplus program. Julianne Price, Florida Department of Health, thanked staff for taking action on the condemnations. She informed the Board that the Health Department had conducted a survey on the Gifford community in 2009, and the number one issue was abandoned housing. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Flescher, to: (1) declare the structures located at 4470 31St Avenue, 4251 31St Avenue, 4301 28th Avenue, 4333 31St Avenue, 8310 63rd Court, and 8386 63rd Court, unsafe and a nuisance; (2) order the buildings demolished with related debris removed from the property by a private vendor that is approved through standard bid procedures; (3) give staff additional time to research whether the property owner of 8386 63rd Court follows through with the demolition December 17, 2013 11 permit; and (4) approve Resolution 2013-135 providing for the demolition of unsafe structures and the recovery of costs. (Walter C. Hurst 4470 31st Avenue James and Margaret Webb Sr. 4251 31st Avenue Pamela R. Cummings 4301 28th Avenue Alfred and Miriam Davis 4333 31st Avenue Corine Ethridge and Hope N. Campbell 8310 63th Court Dorothy Scott, Willie Edwards, Jr., and Waddell Weaver 8386 63rd Court) Mr. McAdam confirmed that none of the homes were on the Historical Registry, and stated that the majority of the homeowners requested to have staff move forward with the demolition, realizing there may be future costs. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 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 - NONE December 17, 2013 12 12.H. RECREATION- NONE 12.L PUBLIC WORKS - NONE 12. J. UTILITIES SERVICES 12. J.1 WORK ORDER No. 5 - MOIA, BoWLES, VILLAMIZAR & ASSOCIATES (MBV), SOUTH COUNTY REVERSE OSMOSIS (RO) FACILITY STORAGE TANK MODIFICATION- AMENDMENT 1 TO WORK ORDER No. 5 ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, the Board unanimously approved Amendment No. 1 to Work Order No. 5, to MBV Engineering, Inc., in the amount of $1,500.00, bringing the total work order to $18,300.00, as recommended in the memorandum of December 3, 2013. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS - NONE 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 December 17, 2013 13 14.D. COMMISSIONER BOB SOLARI 14.D.1. SEVENSO Commissioner Solari said that after having read the Seven50 Plan, and the Board's wisdom of withdrawing from the process, it was apparent that the name should be changed from Seven50 to a name that accurately reflects the number of counties still participating in the process. He provided a few highlights from the Treasure Coast Regional Planning Council's meeting of December 13, 2013, and suggested that staff formally draft a resolution to the Treasure Coast Regional Planning Council and the bureaucrats of Seven50 asking them to change the name. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Flescher, directing the County Attorney to draft a Resolution to the Treasure Coast Regional Planning Council and the bureaucrats of Seven50, requesting to change the name Seven50 to a name that accurately reflects the number of counties still participating in the process. A brief discussion ensued as the Board discussed the counties that have withdrawn from the Seven50 Plan, and the YouTube link for Westchester County Executive Rob Astorino's State of the County Address. The Chairman CALLED THE QUESTION, and by a 4-1 vote (Chairman O'Bryan opposed) the Motion carried. Attorney Reingold said he would bring the draft Resolution to the Board at the January 7, 2014 Board of County Commission meeting. December 17, 2013 14 14.E. COMMISSIONER TIMZORC 14.E.1. ALL ABOARD FLORIDA AND FLORIDA EAST COAST (FEC) RAILROAD CROSSINGS Commissioner Zorc discussed the All Aboard Florida and Florida East Coast (FEC) railroad crossings in the County as they relate to future roadway plans. He suggested being proactive now by spending money for engineering that may lead to adding a turn lane at railroad crossings, widening certain roads, or adding sidewalks, which could all reduce County spending in the future. Public Works Director Chris Mora said his staff reviewed a list of 32 FEC crossings, of which 21 belong to the County. He wanted staff to be able to work with FEC when their engineers review the plans so some improvements can be made in advance, such as adding fiber optic cable under the railroad crossings, new water or sewer crossings, sidewalks, or turn lane improvements, which would likely reduce the County's future spending. He believed that now was the time to do it, suggested looking at a long term plan of 5 to 15 years, and requested that the Board support staff in being more proactive. There was consensus for staff to be more proactive in moving forward Bob Johnson, Coral Wind Subdivision, asked the Board to consider using high tech procedures for addressing emergency situations. Commissioner Zorc thought staff could share the train schedule and crossings with Emergency Services for future planning. Mr. Mensing requested the Board to consider obtaining a train station/stop in Vero Beach during their negotiations with FEC December 17, 2013 15 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE 15.B. SOLID WASTE DISPOSAL DISTRICT The Board reconvened as the Board of Commissioners of the Solid Waste District. Those Minutes are available separately. 15.B.1. SEVENTHAMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH INEOS NEW PLANET BIOENERGY, LLC (INPB) 15.B.2. FINAL PAY FOR CDM SMITH WORK ORDER No. 5 - WETLAND FILLING 15.B.3. FINAL PAY FOR CDM SMITH WORK ORDER No. 9 - DESIGN, PERMITTING AND CONSTRUCTION OF THE NEW OSLO CUSTOMER CONVENIENCE CENTER 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 December 17, 2013 16 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 10:25 a.m. ATTEST: Jef e It Cl of Circuit Court and Comptroller Minutes Approved: FEB 0 4 2014 BCC/LA/2013Minutes Peter D. O'Bryan, Chairman December 17, 2013 17 I