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HomeMy WebLinkAbout12/03/2013 (3)MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 3, 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 District 4 District 1 District 2 District 5 District 3 Joseph A. Baird, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk to the Board 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Deputy Teddy Floyd, Indian River County Sheriff Led by Arnie Schwichtenberg, a Pearl Harbor Survivor, in Honor of Pearl Harbor Remembrance Day December 7th 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of the National Association of Election Officials 2013 Best Practices Minute Man Award — Time and Cost Savings, Honoring the Indian River County Supervisor of Elections December 3, 2013 PAGE BK 144 PG 624 Page l of 7 6. APPROVAL OF MINUTES None 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resignation of Milt Thomas to the Enterprise Zone Development Agency (EZDA) (memorandum dated November 22, 2013) B. Appointment of Maria Caldarone to the Affordable Housing Advisory Committee (AHAC) (memorandum dated November 22, 2013) PAGE 1-2 3-4 C. 2013/2014 Municipalities Committee Appointments for Indian River County and Regional Boards (memorandum dated November 25, 2013) 5-16 8. CONSENT AGENDA A. Approval of Warrants — November 8, 2013 to November 14, 2013 (memorandum dated November 14, 2013) 17-24 B. Approval of Warrants — November 15 2013 to November 21, 2013 (memorandum dated November 21, 2013) 25-34 C. Dori Slosberg Driver Education Safety Act — Indian River County Traffic Education Program Trust Fund (memorandum dated November 15, 2013) 35-36 D. Appointment to the County Canvassing Board and Out of County Travel for Canvassing Board Workshop (memorandum dated November 21, 2013) 37-47 E. 2014 Blanket Authorization for Commissioners to Travel Out of County (memorandum dated November 21, 2013) 48 F. FY 2012 — 2013 Records Disposition Compliance Statement and Records Management Liaison Officer Form Board of County Commissioners (memorandum dated November 20, 2013) 49-65 G. Miscellaneous Budget Amendment 001 (memorandum dated November 19, 2013) 66-69 BK 144 PG 625 December 3, 2013 Page 2 of 7 8. CONSENT AGENDA PAGE H. Request for Approval of Amendment 2 to a Professional Services Agreement with Kimley-Horn and Associates, Inc. for Remediation of Contamination at the Shadowbrook Estates Parcel of the South Prong Preserve Conservation Area (memorandum dated November 21, 2013) 70-87 I. Hurricane Debris Removal Contracts for TAG Grinding Services, Inc. and Omni Pinnacle, Inc Section Extension of Year 2011 Contract (memorandum dated November 18, 2013) 88-98 J. Amendment No. 5 to Work Order No. 1 — G.K. Environmental, Inc Oslo Road Boat Ramp — IRC Project No. 0381 (memorandum dated November 13, 2013) 99-103 K. Approval of Renewal for a Class `B ' Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a American Ambulance Transportation Services (memorandum dated November 25, 2013) 104-128 L. Modification to Subgrant Agreement Between Florida Division of Emergency Management and Indian River County for the Rockridge Subdivision Surge Protection Project (memorandum dated November 22, 2013) 129-134 M. Approval of Renewal for a Class "E" and Class "B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a All County Ambulance to Provide Wheelchair/Stretcher and Interfacility Ambulance Transportation S ervices (memorandum dated November 25, 2013) 135-160 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Carole Jean Jordan — Indian River County Tax Collector Presentation of Constitutional Officer Report 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. County Initiated Request to Amend the Text of the Potable Water and Sanitary Sewer Sub -elements of the County's Comprehensive Plan (memorandum dated November 21, 2013) (Legislative) 161-192 OK 144 PG 626 December 3, 2013 Page 3 of 7 10. PUBLIC ITEMS PAGE 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 Impact Fee Consultants Regarding County Charges for Alternative Method Calculation and Impact Fees 193-195 C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearings for December 10, 2013: (memorandum dated November 15, 2013) 196 a. Consideration of Amendment to Land Development Regulations (LDRs) Section 915.20(8) to Allow Drive- through and Drive -up Facilities in Mixed Use PDs (Planned Developments). Applicant attorney Bruce Barkett [Legislative] b. Consideration of Amendments to Land Development Regulations (LDRs) Chapter 911, Zoning, Chapter 912, Single-family Development; and Chapter 974, Noise and Vibration Control, to Regulate the Location and Sound Mitigation of Outdoor Mechanical Equipment in Planned Developments and Small -lot Subdivisions with Reduced Yard Setbacks to Minimize Potential Noise Disturbance to Adjacent Properties. County -initiated. [Legislative] c. Consideration of Amendment to Subdivision Ordinance Chapter 913 to Allow Additional Two Year Extension for Sidewalk Construction in Certain Active Subdivisions Platted Prior to 2009. County -initiated [Legislative] 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of Float -On Corporation's Request for a Local Jobs Grant (memorandum dated November 19, 2013) 197-217 OK l44PG627 December 3, 2013 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE B. Emergency Services None C. General Services None D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget H. None Recreation None Public Works None J. Utilities Services 1. Request to Apply for an Assessment Grant from the Treasure Coast Regional Planning Council for the Former South Gifford Road Landfill Site (memorandum dated November 22, 2013) 218-228 13. COUNTY ATTORNEY MATTERS A. Demolition Liens (memorandum dated November 19, 2013) 229-240 B. Resolution Providing for the Recovery of Demolition Costs Against Lot 15, Block 7, Smith Plaza Subdivision; and Accompanying Lien (memorandum dated November 19, 2013) 241-247 BK 144 PG 628 December 3, 2013 Page 5 of 7 13. COUNTY ATTORNEY MATTERS PAGE C. Nuisance Abatement Special Assessment Process (memorandum dated November 22, 2013) 248 249 14. COMMISSIONERS ITEMS A. Commissioner Peter D. O'Brvan, Chairman 1. Supporting Vacation Rental Legislation (memorandum dated November 21, 2013) 250-255 B. Commissioner Wesley S. Davis, Vice Chairman 1. Social Media and Public Records (memorandum dated November 22, 2013) 256 C. Commissioner Joseph E. Flescher None D. Commissioner Bob Solari 1. PC South Nutrient Recovery Facility (memorandum dated November 22, 2013) 257 E. Commissioner Tim Zorc 1. City of Vero Beach Electric Sale to Florida Power & Light (memorandum dated November 25, 2013) 258 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. FY 2012-2013 Records Disposition Compliance Statement and Records Management Liaison Officer Form (memorandum dated November 20, 2013) 259-264 B. Solid Waste Disposal District 1. Work Order No. 1 to Neel -Schaffer, Inc. for 2014 Master Plan Update (memorandum dated November 21, 2013) 265-283 BK 144 PG 629.. December 3, 2013 Page 6 of 7 15. SPECIAL DISTRICTS AND BOARDS PAGE C. Environmental Control Board 1. Approval of Minutes — Meeting of October 22, 2013 2. Report of Activities for Fourth Quarter FY 12/13 (July 1 through September 30, 2013) (memorandum dated November 5, 2013) 284-287 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 3, 2013 OK 144 PG 630 Page7of 7 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING BOARD OF COUNTY COMMISSIONERS DECEMBER 3, 2013 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 MOVE: ITEM 12.A. CONSIDERATION OF FLOAT -ON CORPORATION'S REQUEST FOR A LOCAL JOBS GRANT, TO BE HEARD FOLLOWING ITEM 8 2 MOVE: ITEM 14.E 1 CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA POWER AND LIGHT, TO BE HEARD FOLLOWING ITEM 8 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF THE NATIONAL ASSOCIATION OF ELECTION OFFICIALS 2013 BEST PRACTICES MINUTE MAN AWARD - TIME AND COST SAVINGS, HONORING THE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 2 6. APPROVAL OF MINUTES - NONE 3 BK 144 PG 631 December 3, 2013 1 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. RESIGNATION OF MILT THOMAS TO THE ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) 3 7.B. APPOINTMENT OF MARIA CALDARONE TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE (AHAC) 3 7.C. 2013/2014 MUNICIPALITIES COMMITTEE APPOINTMENTS FOR INDIAN RIVER COUNTY AND REGIONAL BOARDS 3 8. CONSENT AGENDA 4 8.A. APPROVAL OF WARRANTS - NOVEMBER 8, 2013 TO NOVEMBER 14, 2013 4 8.B. APPROVAL OF WARRANTS - NOVEMBER 15, 2013 TO NOVEMBER 21, 2013 4 8.C. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT - INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND 5 8.D. APPOINTMENT TO THE COUNTY CANVASSING BOARD AND OUT OF COUNTY TRAVEL FOR CANVASSING BOARD WORKSHOP 6 8 E 2014 BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF COUNTY 6 8.F. FY 2012 - 2013 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS MANAGEMENT LIAISON OFFICER FORM BOARD OF COUNTY COMMISSIONERS 7 8.G. MISCELLANEOUS BUDGET AMENDMENT 001 7 8.H. REQUEST FOR APPROVAL OF AMENDMENT 2 TO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR REMEDIATION OF CONTAMINATION AT THE SHADOWBROOK ESTATES PARCEL OF THE SOUTH PRONG PRESERVE CONSERVATION AREA 7 8.I. HURRICANE DEBRIS REMOVAL CONTRACTS FOR TAG GRINDING SERVICES, INC. AND OMNI PINNACLE, INC. SECTION EXTENSION OF YEAR 2011 CONTRACT 8 8.J. AMENDMENT No. 5 TO WORK ORDER No. 1 - G K ENVIRONMENTAL, INC. OSLO ROAD BOAT RAMP - IRC PROJECT No. 0381 9 8.K. APPROVAL OF RENEWAL FOR A CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR FALCK SOUTHEAST II, CORP D/B/A AMERICAN AMBULANCE TRANSPORTATION SERVICES 9 144 PG 63.2 December 3, 2013 2 8 L MODIFICATION TO SUBGRANT AGREEMENT BETWEEN FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT 10 8.M. APPROVAL OF RENEWAL FOR A CLASS ` E" AND CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR FALCK SOUTHEAST II, CORP D/B/A ALL COUNTY AMBULANCE TO PROVIDE WHEELCHAIR/STRETCHER AND INTERFACILITY AMBULANCE TRANSPORTATION SERVICES 10 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 11 9.A. CAROLE JEAN JORDAN, INDIAN RIVER TAX COLLECTOR - PRESENTATION OF CONSTITUTIONAL OFFICER REPORT 11 10. PUBLIC ITEMS 11 10.A. PUBLIC HEARINGS 11 10.A.1. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POTABLE WATER AND SANITARY SEWER SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 11 10.B. PUBLIC DISCUSSION ITEMS 13 10.B.1. REQUEST TO SPEAK FROM IMPACT FEE CONSULTANTS REGARDING COUNTY CHARGES FOR ALTERNATIVE METHOD CALCULATION AND IMPACT FEES 13 10.C. PUBLIC NOTICE ITEMS 13 10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR DECEMBER 10, 2013: 13 10.C.1.A. CONSIDERATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRS) SECTION 915.20(8) TO ALLOW DRIVE-THROUGH AND DRIVE -UP FACILITIES IN MIXED USE PDS (PLANNED DEVELOPMENTS). APPLICANT: ATTORNEY BRUCE BARKETT (LEGISLATIVE) 13 10.C.1.B. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 911, ZONING; CHAPTER 912, SINGLE-FAMILY DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION CONTROL, TO REGULATE THE LOCATION AND SOUND MITIGATION OF OUTDOOR MECHANICAL EQUIPMENT IN PLANNED DEVELOPMENTS AND SMALL -LOT SUBDIVISIONS WITH REDUCED YARD SETBACKS TO MINIMIZE POTENTIAL 11( 144PG633 December 3, 2013 3 NOISE DISTURBANCE TO ADJACENT PROPERTIES. COUNTY -INITIATED (LEGISLATIVE) 14 10.C.1.C. CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE CHAPTER 913 TO ALLOW ADDITIONAL TWO-YEAR EXTENSION FOR SIDEWALK CONSTRUCTION IN CERTAIN ACTIVE SUBDIVISIONS PLATTED PRIOR TO 2009. COUNTY -INITIATED (LEGISLATIVE) 14 11. COUNTY ADMINISTRATOR MATTERS - NONE 14 12. DEPARTMENTAL MATTERS 14 12.A. COMMUNITY DEVELOPMENT 14 12.A.1. CONSIDERATION OF FLOAT -ON CORPORATION'S REQUEST FOR A LOCAL JOBS GRANT 14 12.B. EMERGENCY SERVICES - NONE 15 12.C. GENERAL SERVICES - NONE 15 12.D. HUMAN RESOURCES - NONE 16 12 E HUMAN SERVICES - NONE 16 12.F. LEISURE SERVICES - NONE 16 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 16 12.H. RECREATION - NONE 16 12.I. PUBLIC WORKS - NONE 16 12.J. UTILITIES SERVICES 16 12.J.1. REQUEST TO APPLY FOR AN ASSESSMENT GRANT FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR THE FORMER SOUTH GIFFORD ROAD LANDFILL SITE 16 13. COUNTY ATTORNEY MATTERS 18 13.A. DEMOLITION LIENS 18 13.B. RESOLUTION PROVIDING FOR THE RECOVERY OF DEMOLITION COSTS AGAINST LOT 15 BLOCK 7, SMITH PLAZA SUBDIVISION; AND ACCOMPANYING LIEN 19 13.C. NUISANCE ABATEMENT SPECIAL ASSESSMENT PROCESS 20 14. COMMISSIONER ITEMS 21 144 PG 634 December 3, 2013 4 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 14.A.1. SUPPORTING VACATION RENTAL LEGISLATION 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 14.B.1. SOCIAL MEDIA AND PUBLIC RECORDS 14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 14.D. COMMISSIONER BOB SOLARI 14.D.1. PC SOUTH NUTRIENT RECOVERY FACILITY 14.E. COMMISSIONER TIM ZORC 14 E 1 CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA POWER & LIGHT 21 21 22 22 22 22 22 23 23 15. SPECIAL DISTRICTS AND BOARDS 25 15.A. EMERGENCY SERVICES DISTRICT 25 15.A.1. FY 2012-2013 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS MANAGEMENT LIAISON OFFICER FORM 25 15.B. SOLID WASTE DISPOSAL DISTRICT 25 15.B.1. WORK ORDER NO. 1 TO NEEL-SCHAFFER, INC. FOR 2014 MASTER PLAN UPDATE 25 15.C. ENVIRONMENTAL CONTROL BOARD 25 15.C.1. APPROVAL OF MINUTES - MEETING OF OCTOBER 22, 2013 25 15.C.2. REPORT OF ACTIVITIES FOR FOURTH QUARTER FY 12/13 (JULY 1 THROUGH SEPTEMBER 30, 2013) 25 16. ADJOURNMENT 26 8K 1104 PG 635 December 3, 2013 5 JEFFREY R. SMITH Clerk to the Board December 3, 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 3, 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 Reingold, and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman O'Bryan called the meeting to order at 9:00 a.m. 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriffs Office, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Arnie Schwichtenberg, Pearl Harbor Survivor, in honor of Pearl Harbor Remembrance Day on December 7th, led the Pledge of Allegiance to the Flag, and provided details of the events he witnessed at Pearl Harbor. BM 144 PG 636 December 3, 2013 1 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously directed staff to fly the flags at half-staff, at all County buildings on December 7, 2013, beginning at 8:00 a.m. and throughout the clay, in remembrance of the Pearl Harbor event. 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Zorc requested the following change(s) to the Agenda: MOVE: ITEM 12.A. CONSIDERATION OF FLOAT -ON CORPORATION'S REQUEST FOR A LOCAL JOBS GRANT, TO BE HEARD FOLLOWING ITEM 8 MOVE: ITEM 14.E. 1. CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA POWER AND LIGHT, TO BE HEARD FOLLOWING ITEM 8 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 THE NATIONAL ASSOCIATION OF ELECTION OFFICIALS 2013 BEST PRACTICES MINUTE MANA WARD - TIME AND COST SAVINGS, HONORING THE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS BI(144PG637 December 3, 2013 2 Supervisor of Elections Leslie Swan conveyed that at the National Association of Election Officials Conference, the Indian River County Supervisor of Elections Office was awarded with the 2013 Best Practices Minute Man Award — Time and Cost Savings. Technical Programs Coordinator Stephanie Nelson, provided a synopsis of the "Ride and Register" program (with GoLine) that was presented at the conference 6. APPROVAL OF MINUTES - NONE 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. RESIGNATION OF MILT THOMAS TO THE ENTERPRISE ZONE DEVELOPMENT AGENCY (EZDA) Noted for the record was the resignation of Milt Thomas, effective January 1, 2014, from the Enterprise Zone Development Agency (EZDA). 7.B. APPOINTMENT OF MARIA CALDARONE TO THE AFFORDABLE HO USING ADVISORY COMMITTEE (AHAC) Noted for the record was the appointment of Maria Caldarone to the Affordable Housing Advisory Committee (AHAC), serving as a citizen who actively serves on the local Planning and Zoning Commission. 7.C. 2013/2014 MUNICIPALITIES COMMITTEE APPOINTMENTS FOR INDIAN RIVER COUNTY AND REGIONAL BOARDS Noted for the record were the 2013/2014 Municipalities Committee appointments for Indian River County and Regional Boards (pages 6-16 of the Agenda Packet). 8K 1 41; PG 638 December 3, 2013 3 8. CONSENT AGENDA Commissioner Flescher requested to pull Items 8.C. and 8.D. from the Consent Agenda for discussion/comments. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Consent Agenda, as amended. 8.A. APPROVAL OF WARRANTS - NOVEMBER 8, 2013 TO NOVEMBER 14, 2013 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires issued by the Comptroller's Office for the time period of November 8, 2013 to November 14, 2013, as requested in the memorandum of November 14, 2013. 8.B. APPROVAL OF WARRANTS - NOVEMBER 15, 2013 TO NOVEMBER 21, 2013 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires issued by the Comptroller's Office for the time period of November 15, 2013 to November 21, 2013, as requested in the memorandum of November 21, 2013. Bk 144 PG 639, December 3, 2013 4 S. C. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT - INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND Commissioner Flescher pulled this item to point out that the funds from the $3.00 traffic surcharge are intended to fund traffic education programs, and wondered why Traffic Education programs were not being offered at schools. He asked Management and Budget Director Jason Brown to provide an account of the unencumbered funds. Management and Budget Director Jason Brown provided background on the inception of the additional $3.00 traffic penalty fee, and addressed Commissioner Flescher's concerns. Commissioner Flescher suggested appealing to the School Board for reconsideration of the program. A brief discussion ensued regarding traffic citations. Tax Collector Carole Jean Jordan noted that she had requested the School Board to re- implement the Drivers Education Training program. Chairman O'Bryan said he would send a letter to the School District asking if they would like to reconsider and implement a drivers' education program, and if they indicate an interest, the Board would need to decide how to fund it. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously accepted the Report of the Indian River County Traffic Education Program Trust Fund from the inception of the $3 fee (October 1, 2002) through September 30, 2013, as recommended in the memorandum of November 15, 2013. BK ! 4 4 PG 640 December 3, 2013 5 8.D. APPOINTMENT TO THE COUNTY CANVASSING BOARD AND OUT OF COUNTY TRAVEL FOR CANVASSING BOARD WORKSHOP Commissioner Flescher mentioned that in the future, new appointees to the County Canvassing Board could save tax dollars by attending the Supervisor of Elections Orientation, in lieu of attending the workshop in Orlando. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the appointment of Commissioner Bob Solari, and his alternate Vice Chairman Wesley S. Davis, to the County Canvassing Board for the 2014 election; and authorized out of town travel for both Commissioners to attend the workshop on Friday, January 31, 2014, in Orlando, Florida, as requested in the memorandum of November 21, 2013. 8.E. 2014 BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF COUNTY ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized the Board members to travel out of County for necessary meetings, including travel to Tallahassee, Florida, as requested in the memorandum of November 25, 2013. BK 114 PG 641 December 3, 2013 6 8.F. FY 2012 - 2013 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS MANAGEMENT LIAISON OFFICER FORMBOARD OF COUNTY COMMISSIONERS ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized the Chairman to execute the Records Disposition Compliance Statement for the period October 1, 2012 through September 30, 2013, and return the form to the Records Management Liaison Officer (RMLO) to be mailed to the Florida Department of State for the Indian River County Board of County Commissioners, as recommended in the memorandum of November 20, 2013. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.G. MISCELLANEOUS BUDGET AMENDMENT 001 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2013-127, amending the fiscal year 2013-2014 Budget. 8.H. REQUEST FOR APPROVAL OF AMENDMENT 2 TO A PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR REMEDIATION OF CONTAMINATION AT THE SHADOWBROOK ESTATES PARCEL OF THE SOUTH PRONG PRESERVE CONSERVATION AREA MC 144 PG 642 December 3, 2013 7 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Amendment No. 2 to the Kimley-Horn and Associates, Inc Agreement for professional services relating to the Shadowbrook Estates, Inc. parcel remediation, and authorized the County Administrator to sign the Amendment on behalf of the County, as recommended in the memorandum of November 21, 2013. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD S.I. HURRICANE DEBRIS REMOVAL CONTRACTS FOR TAG GRINDING SERVICES, INC. AND OMNI PINNACLE, INC. SECTION EXTENSION OF YEAR 2011 CONTRACT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the extensions to the Hurricane Debris Removal and Disposal Agreements with TAG Grinding Services, Inc., and Omni Pinnacle, Inc., and authorized the County Administrator to execute the extension upon review and approval of the County Attorney, and review and approval by all applicable staff, as recommended in the memorandum of November 18, 2013. flK 144 PG 643 December 3, 2013 8 8..J. AMENDMENT No. 5 TO WORK ORDER No. 1 G.K. ENVIRONMENTAL, INC. OSLO ROAD BOAT RAMP - IRC PROJECT Na 0381 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Amendment No. 5 to Work Order No. 1 with G.K. Environmental, Inc., for professional services, in the not - to -exceed sum of $12,750.00 authorized the services as outlined, and authorized the Chairman to execute same, as recommended in the memorandum of November 13, 2013. AMENDMENT ON FILE 1N THE OFFICE OF THE CLERK TO THE BOARD 8.K. APPROVAL OF RENEWAL FOR A CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR FALCK SOUTHEAST II, CORP D/B/A AMERICAN AMBULANCE TRANSPORTATION SERVICES ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the renewal of the Class Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a American Ambulance Service, to provide interfacility ambulance transportation services, and be effective for a period of two (2) years from March 13, 2014 to March 13, 2016, as recommended in the memorandum of November 25, 2013. CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ilk 144 PG 644 December 3, 2013 9 8.L. MODIFICATION TO SUBGRANT AGREEMENT BETWEEN FLORIDA DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY FOR THE ROCKRIDGE SUBDIVISION SURGE PROTECTION PROJECT ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the modification to the Subgrant Agreement with Florida Division of Emergency Management (DEM), for the Rockridge Subdivision Surge Protection Project, and authorized the Chairman to execute it on behalf of the County as recommended in the memorandum of November 22, 2013. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.M. APPROVAL OF RENEWAL FOR A CLASS "E" AND CLASS "B" CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR FALCK SOUTHEAST II, CORP D/B/A ALL COUNTY AMBULANCE TO PROVIDE WHEELCHAIR/STRETCHER AND INTERFACILITY AMBULANCE TRANSPORTATION SERVICES ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the renewal of the Class "E" and Class "B" Certificate of Public Convenience and Necessity for Falck Southeast II, Corp d/b/a All County Ambulance, to provide wheelchair/stretcher and interfacility ambulance transportation services, and be effective for a period of BK 144 PG 645 December 3, 2013 10 two (2) years from March 13, 2014 to March 13, 2016, as recommended in the memorandum of November 25, 2013. CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9.A. CAROLE JEAN JORDAN, INDIAN RIVER TAX COLLECTOR - PRESENTATION OF CONSTITUTIONAL OFFICER REPORT Indian River County Tax Collector Carole Jean Jordan recapped the past few years, announcing that even though there has been an increase of transactions, with no increase in the budget, her office managed to decrease their total budget, and therefore presented the Board with a check in the amount of $2,688,892.27. The Chairman called for a break at 10:13 a.m., and reconvened the meeting at 10:25 a.m., with all members present. 10. PUBLIC ITEMS 10.A. PUBLIC HEARINGS 1O.A.1. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE POTABLE WATER AND SANITARY SEWER SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Planning Director Stan Boling explained the purpose of amending the text of the Potable Water and Sanitary Sewer Sub -elements of the Comprehensive Plan (Policy 5.7 of the Potable BK 144 PG 6146 December 3, 2013 11 Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element). The modifications would allow properties that lie outside the Urban Service Area to connect to centralized water and sewer main lines under certain conditions, which would increase the number of properties within 500 feet of a main line of a "looped" system to connect to water or sewer (along 66th Avenue where a main water line is being installed between 8th and 12th Streets). He recommended the Board approve the proposed text amendment and corresponding Ordinance. Discussion ensued relative to the proposed policy criteria for connecting to water or sewer, options, fairness, and costs of the property owner. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, sought and received further information regarding whether this would cause urban sprawl, and if the extension of the fire hydrant would be included. Bob Grice, applauded the Board for quickly moving this item forward. There being no other speakers, the Chairman closed the Public Hearing. MOTION was made by Commissioner Solari, SECONDED by Vice Chairman Davis, to approve staff's recommendation. Chairman O'Bryan said he would support the motion, but his caveat was to ensure that the 500 -foot distance was set upon operating criteria, and that extending beyond that point would have a negative impact on the integrity of the water system. This generated further discussion on the existing main fines that serve the overall utility system. 8K 144 PG 647 December 3, 2013 12 The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board adopted Ordinance 2013-020, amending the text of Policy 5.7 of the Potable Water Sub -element and Policy 5.8 of the Sanitary Sewer Sub -element of the County's Comprehensive Plan; and providing codification, severability, and effective date. 10.B. PUBLIC DISCUSSION ITEMS 1O.B.1. REQUEST TO SPEAK FROM IMPACT FEE CONSULTANTS REGARDING COUNTY CHARGES FOR ALTERNATIVE METHOD CALCULATION AND IMPACT FEES Charlie Wilson, Impact Fee Consultants, used a PowerPoint presentation to report the results of a recent independent study on Impact Fees and stressed that inaccurate estimates of population and costs result in inflated fee assessments and high spending that needs to be adjusted. He said the study suggests that the County may not be able to continue to charge Impact Fees in certain areas; and elaborated on why the Board should consider a workshop to discuss pending policy issues, and to authorize a change in the alternative method fee schedule. NO BOARD ACTION REQUIRED OR TAKEN 10.C. PUBLIC NOTICE ITEMS 10. C. 1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR DECEMBER 10, 2013: 10. C.1.A. CONSIDERATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRs) SECTION 915.20(8) TO ALLOW DRIVE-THROUGH AND DRIVE -UP FACILITIES IN MIXED USE PDS (PLANNED DEVELOPMENTS). APPLICANT: ATTORNEY BRUCE BARKETT (LEGISLATIVE) BK { 44 PG 648 December 3, 2013 13 10. C.1.B. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 911, ZONING; CHAPTER 912, SINGLE- FAMILY DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION CONTROL, TO REGULATE THE LOCATION AND SOUND MITIGATION OF OUTDOOR MECHANICAL EQUIPMENT IN PLANNED DEVELOPMENTS AND SMALL -LOT SUBDIVISIONS WITH REDUCED YARD SETBACKS TO MINIMIZE POTENTIAL NOISE DISTURBANCE TO ADJACENT PROPERTIES. COUNTY - INITIATED (LEGISLATIVE) 10. C.1. C. CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE CHAPTER 913 TO ALLOW ADDITIONAL TWO-YEAR EXTENSION FOR SIDEWALK CONSTRUCTION IN CERTAIN ACTIVE SUBDIVISIONS PLATTED PRIOR TO 2009. COUNTY -INITIATED (LEGISLATIVE) County Attorney Dylan Reingold read the notices into the record. 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. CONSIDERATION OF FLOAT -ON CORPORATION'S REQUEST FOR A LOCAL JOBS GRANT (Clerk's Note: This item was heard following Item 8, and is placed here for continuity.) December 3, 2013 14 { 144 PG 649 Community Development Director Bob Keating revealed that Float -On Corporation is proposing to expand its operation from 14 employees to 45 and is applying for a local jobs grant. He stated that under the Indian River County Local Jobs Grant program criteria, the company qualifies for ajobs grant in the amount of $137,000, which will be paid over a three- year period, and in three phases. He conveyed that the Economic Development Council had reviewed the jobs grant and recommended Board approval. Helene Caseltine, Economic Development Director with the Indian River County Chamber of Commerce, introduced the principals of Float -On Corporation. MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Davis, to approve staff's recommendation. There was a brief discussion regarding the Tax Abatement Program, and evaluating the process to make it more user-friendly. The Chairman CALLED THE QUESTION and the Motion carried unanimously. The Board approved a Local Jobs Grant of up to $137,000 for Float -On Corporation and authorized the Chairman to execute the Jobs Grant Agreement after approval of the agreement by appropriate County staff and the County Attorney's office, as recommended in the memorandum of November 19, 2013. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.B. EMERGENCY SERVICES - NONE 12.C. GENERAL SERVICES - NONE December 3, 2013 15 K 144 PG 650 12.11 HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12. F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.H. RECREATION - NONE 12.1. PUBLIC WORKS - NONE 12..J. UTILITIES SERVICES 12..1.1. REQUEST TO APPLY FOR AN ASSESSMENT GRANT FROM THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR THE FORMER SOUTH GIFFORD ROAD LANDFILL SITE Director of Utility Services Vincent Burke conveyed that this item was brought to the Board on behalf of the Treasure Coast Regional Planning Council (TCRPC) to: (1) request: permission to allow TCRPC to apply for the assessment grant (to use up to $70 000), and (2) allow TCRPC and Geosyntec to enter the former South Gifford Road landfill site, to perform in-depth site investigations. Due to limited TCRPC funding, he recommended pursuing the grant to fund the assessment only on the 55 acres of County owned property. BK 144 PG 651 December 3, 2013 16 Commissioner Solari spoke about the Customer Convenience Center being in the 5 -year Capital Plan, suggested moving its location west (to an existing County facility) in order to maximize the potential of the land and the usage of the center. He also noted that the amount of funds available to the TCRPC may exceed $70,000, and any motion made today might want to allow them to spend as much money as they have available for this project. ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, the Board unanimously authorized: (1) Indian River County staff to submit the Application for a Brownfields Site Assessment Grant from the Treasure Coast Regional Planning Council, (2) the Chairman to execute the subject Site Access Agreement associated with the subject Grant Application, and (3) maximizing available funds of the Treasure Coast Regional Planning Council. Discussion ensued regarding the best use of the property, moving the Convenience Center further west, and the expenses from past and current investigation activities. William Mosley, Chairman, Gifford Economic Development Council (GEDC), voiced concerns over the safety of the site, and asked that local jobs be created through the project. Joe Idlette III, 4570 57th Avenue, Progressive Civic League, stated that he and his organization support the project. Althea McKenzie, 2405 16th Avenue, voiced concerns over the application. She perceived that the Gifford residents were being used as benefactors of the project, and that the true benefactor would be the City of Vero Beach. She also asked that the Gifford Community Neighborhood Plan not be used as the premise for pursuing grant money. OK I44 PG 652 December 3, 2013 17 Commissioner Solari addressed Ms. McKenzie's concerns, and voiced a different view. He felt the process would uplift the property, believed the recreational fields would benefit the entire County, and anticipated that improving the physical environment in Gifford could bring more jobs into the area. Chairman O'Bryan explained the qualifying conditions for a brownfield property, and noted that not everyone wants their land to be considered a brownfield. Commissioner Flescher felt that the citizens of Gifford, as well as the citizens of Indian River County will greatly benefit from the project. Mr. Mosley wanted the improvements to benefit Gifford, not just generate a grant for County facilities. The Chairman CALLED THE QUESTION and the Motion carried unanimously. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. DEMOLITION LIENS Deputy County Attorney William DeBraal described the five dilapidated structures that were recently demolished, and the costs associated with each. He requested the Board approve the demolition costs so they can be included in the lien, and invited the property owners to be heard as to the amount of the lien. There were no speakers. BK 14.4 PG 653 December 3, 2013 18 ON MOTION by Commissioner Solari, SECONDED by Vice Chairman Davis the Board unanimously approved each lien amount and authorized the Chairman to sign each lien for recordation in the public records, as recommended in the memorandum of November 19, 2013. (Property owners: Giovanni Parente — 625 40th Avenue, Vero Beach; Charles T. Wadley, Sr. and Lilly Mae Wadley — 2755 47th Place, Vero Beach; Wilma H. Martin — 1705 45th Avenue, Vero Beach; Gifford Gardens, LLC — 3061 44th Road, Vero Beach (Lots 34 and 35 in Lincoln Park Estates Subdivision); and Gifford Gardens, LLC — 4495 31st Avenue, Vero Beach) LIENS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.B. RESOLUTION PROVIDING FOR THE RECOVERY OF DEMOLITION COSTS AGAINST LOT 15 , BLOCK 7, SMITH PLAZA SUBDIVISION; AND ACCOMPANYING LIEN County Attorney Reingold recapped his memorandum dated November 19, 2013, regarding a lien resolution that had been brought before the Board on February 5, 2013, on the property owned by Queen J Ewars, whereby the Board removed the property from the condemnation list and granted a 30 -day stay to allow the property owner to obtain a building permit for rehabilitation. He reported that there had been no action taken by the property owner, and that the structure was demolished by the County at a cost of $2,525.75. He requested the Board allow the property owner to address the Commission. The property owner was not present. BK 144 PG 6511 December 3, 2013 19 ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2013-128, providing for the recovery of demolition costs. The Chairman called for a break at 12:03 p.m., and reconvened the meeting at 12:14 p.m., with Vice Chairman Davis not returning. 13. C. NUISANCE ABATEMENT SPECIAL ASSESSMENT PROCESS County Attorney Reingold recalled that on October 22, 2013 the Board requested his office to research the feasibility of a nuisance abatement special assessment. He recapped his research and provided background on the Counties (Palm Beach County, St Lucie County, and Polk) that have adopted the nuisance abatement ordinances. He questioned whether the Board wanted to move away from the code enforcement process or move towards a nuisance abatement process. Chairman O'Bryan wished to see Indian River County utilize the current code enforcement process until Code Enforcement has a hearing, start issuing a $100 day fine, and after 30 days bring it before the Board to take action under the non advalorem assessment methodology. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Flescher, to direct the County Attorney to draft an ordinance and hold a public hearing on the proposed ordinance. A supermajority vote will be required for adoption. BK144PG655 December 3, 2013 20 The Chairman CALLED THE QUESTION, and by a 4-0 vote (Vice Chairman Davis absent), the Motion carried. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 14.A.1. SUPPORTING VACATION RENTAL LEGISLATION Chairman O'Bryan asked fellow Commissioners to consider a Resolution supporting vacation rental legislation, which would overturn the recent bill that was passed limiting the authority of local governments to regulate vacation rentals. If this is approved, he said he would present it at the next session of the Legislative Delegation. MOTION WAS MADE by Commissioner Flescher, SECONDED by Chairman O'Bryan, to approve Resolution 2013-129, urging the Florida Legislature to adopt and Governor Rick Scott to support legislative changes providing the ability for local governments to regulate vacation rentals; directing certified copies of this Resolution to be provided to various officials, organizations and cities. Daniel Lamson, Executive Director, 737-B Timber Ridge Trail, read a statement on behalf of the Indian River Neighborhood Association, urging the Florida Legislature to repeal the provisions of the Florida Statute, which prevents local regulations of vacation rentals. Commissioner Solari suggested substituting the second statement in paragraph four with: "deleting the restriction preventing local laws, ordinances, or regulations from regulating the use of vacation rentals based solely on their classification, use, or occupancy." BK i44 PG 656 December 3, 2013 21 The Chairman CALLED THE QUESTION, and by a 4-0 vote (Vice Chairman Davis absent), the Motion carried. County Attorney Reingold said he would make the requested correction to the Resolution. 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 14.B.1. SOCIAL MEDIA AND PUBLIC RECORDS This item was TABLED. 14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.11 COMMISSIONER BOB SOLARI 14.D.1. PC SoUTH NUTRIENT RECOVERY FACILITY Commissioner Solari noted that Egret Marsh and Spoonbill Marsh are two -syllable words containing the names of birds found in Indian River County, and suggested renaming the PC South Nutnent Recovery Facility to Osprey Marsh Nutrient Recovery Facility. ON MOTION by Commissioner Solari, SECONDED by Chairman O'Bryan, the Board by a 4-0 vote (Vice Chairman Davis absent) approved changing the name from PC South Nutrient Recovery Facility to Osprey Marsh Nutrient Recovery Facility. OKI44PG657 December 3, 2013 22 14.E. COMMISSIONER TIMZORC 14.E.1. CITY OF VERO BEACH ELECTRIC SALE TO FLORIDA POWER & LIGHT (Clerk's Note: This item was heard following Item 8, and is placed here for continuity.) Commissioner Zorc projected an aerial to show the area of overlap between the Board of County Commission Districts and the City of Vero Beach (COVB) Electric Service Area; acknowledged that the Town of Indian River Shores (Town) is 100% behind a "full sale" of the City of Vero Beach Electric to Florida Power and Light; and discussed issues and options relating to the sale. Dr. Stephen Faherty, Indian River County activist, discussed the four classes of electric ratepayers in the State, how the sale might relate to Florida Municipal Electric Utilities customers in other areas of the County, and the timeline of utility actions. He also spoke about the options that the Town is considering, and recommended that the Board consider: (1) to separately or jointly, with the Shores Town Council (Council), send letters to the Chair of the Public Service Commission (PSC) to open the 1981 PSC COVB and Florida Power and Light (FPL) Territorial Agreement; (2) take over the Faherty/Heran PSC Petition; (3) encourage the Council to join the takeover of said petition and/or file a similar petition on behalf of their own COVB electric ratepayers; and (4) the Commissioners and Council separately or jointly consider filing (with the State Attorney General's Office) a complaint alleging violations by the PSC and/or the Florida Municipal Power Agency (FMPA) of the State's 1980 Anti -Trust Act, on behalf of the County and of the Shores outside electnc ratepayers. A brief discussion ensued as the Board sought additional information regarding the steps of the County and the timeline. OK 144 PG 658 December 3, 2013 23 MOTION WAS made by Commissioner Solari, SECONDED by Commissioner Flescher, to direct County staff to coordinate with the Town of Indian River Shores staff, Dr. Faherty and Glenn Heran, and bring recommendations back to the Board regarding: (1) a letter to the Public Services Commission to re -open the Territorial Agreement; (2) whether the County should take over the Heran/Faherty Petition that is before the Public Services Commission; and (3) consideration of an anti-trust complaint with the State Attorney General's office. Commissioner Zorc informed the Board that the Town of Indian River Shores next meeting is scheduled for December 13, 2013, and believed it would be a great opportunity to joint -venture on the cost. Discussion ensued among the Commissioners and Dr. Faherty regarding the anti-trust action, spending taxpayers' dollars, and a 100% sale if this moves forward. J. Rock Tonkel, resident of Grand Harbor, applauded the Board's actions on this issue and urged the Board to accept Mr. Faherty's recommendations. Bob Johnson, Coral Wind Subdivision, felt that making a decision at this time would be premature, and suggested offering another session on this topic so the Town of Indian River Shores could send a spokesman. Chairman O'Bryan informed Mr. Johnson that today's motion was to coordinate, and that formal action would take place at the January 7, 2014, Board of County Commissioners meeting. BK 1 4 4 PG 659 December 3, 2013 24 The Chairman CALLED THE QUESTION, and by a 4-0 vote (Vice Chairman Davis absent), the Motion carried. 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT The Board reconvened as the Board of Commissioners of the Emergency Services District. Those Minutes are available separately. 15.A.1. FY 2012-2013 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS MANAGEMENT LIAISON OFFICER FORM 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. WORK ORDER No. 1 TO NEEL-SCHAFFER, INC. FOR 2014 MASTER PLAN UPDATE 15.C. ENVIRONMENTAL CONTROL BOARD The Board reconvened as the Board of Commissioners of the Environmental Control Board. Those Minutes are available separately. 15. C.1. APPROVAL OF MINUTES - MEETING OF OCTOBER 22, 2013 15. C.2. REPORT OF ACTIVITIES FOR FOURTH QUARTER FY12/13 (JuLY1 THROUGH SEPTEMBER 30, 2013) 6K 144 PG 660 December 3, 2013 25 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 meeting adjourned at 12:40 p.m. ATTEST: Jef Cle`'Tof Circuit Court and Comptroller Minutes Approved: JAN 1 4 2014 BCC/LAI2013Minutes Peter D. O'Bryan, Chairman BK 144 PG661 December 3, 2013 26