HomeMy WebLinkAbout03/18/2014COUNTY 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
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 18, 2014 - 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
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.
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation by Gary James, Director of Operations, American Security
Council Foundation Promoting Step Up America Golf Tournament
B. Presentation of Proclamation - Indian River County Celebrating Children's
Week
March 18, 2014
PAGE
1
2
Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Recognizing March 19, 2014 as Kick Butts
Day in Indian River County 3
6.
D. Presentation of Proclamation Recognizing March, 2014 as National Eye
Donor Month 4
E. Presentation of Proclamation Designating March 16 through March 22, 2014
as Surveyors Week 5
F. Presentation of Proclamation Recognizing March, 2014 as March for Meals
Month 6
APPROVAL OF MINUTES
A. Regular Meeting of February 11, 2014
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — February 28, 2014 to March 6, 2014
(memorandum dated March 6, 2014)
7-15
B. Approval of Annual Financial Report by County Commissioners and Notice
of CAFR (Comprehensive Annual Financial Report) Completion
(memorandum dated March 12, 2014)
16-25
C. Approval of Renewal for a Class "A" Certificate of Public Convenience and
Necessity for Indian River Shores Department of Public Safety
(memorandum dated March 6, 2014)
26-35
D. Sewer Feasibility Study for the Summerplace Area — Final Pay to Schulke,
Bittle and Stoddard, L L C — UCP 4101
(memorandum dated March 3, 2014)
36-40
E. KRG Indian River, LLC's Request for Final Plat Approval for a Subdivision
to be known as Chase Bank — Indian River Square
(memorandum dated March 7, 2014)
41-46
F. Consultant Selection for RFQ No. 2014023 — Project Administration
Services for Indian River County GoLine Bus Transfer Hub Facility
(memorandum dated March 10, 2014)
47-48
March 18, 2014 Page 2 of 7
8. CONSENT AGENDA PAGE
G. Historic Dodgertown (fka Vero Beach Sports Village) Room Renovations —
Change Order No 3 — IRC Project No. 1341
(memorandum dated March 10 2014) 49-53
H. Change Order No. 2 Gifford Park Ballfields Grading Improvements IRC
Project No. 1336 — Bid No. 2014015
(memorandum dated March 7, 2014)
54-57
I. Amendment No. 1 to Indian River County Public Shooting Range
Improvements to Skeet & Trap Facility Professional Civil Engineering and
Architectural Services Consultant Agreement RFQ No. 2013017 — IRC
Project No. 1213
(memorandum dated March 7, 2014)
58-69
J. Change Order No. 2 for the Water Plants Lime Slurry Infection Project —
UCP 2715 Bid No. 2013028
(memorandum dated March 10, 2014)
70-75
K. Financing Capital Cost on the 66th Avenue Watermain Project From 8th
Street to 16th Street — Indian River County Project No. UCP 4040
(memorandum dated March 6, 2014)
76-79
L. Children's Services Advisory Committee's Recommendation RFP #
2014033 new Focus Areas for 2014-15 and sample agency contract to be
used
(memorandum dated March 11, 2014)
80-135
M. Miscellaneous Budget Amendment 011
(memorandum dated March 12, 2014) 136-140
N. Approval of Bid Award for IRC Bid #2014024 Dunes Golf Course Irrigation
System Project
(memorandum dated March 7, 2014)
141-149
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River County Clerk of Circuit Court & Comptroller.,
Jeffrey R. Smith
Summary Review of 9-30-13 Comprehensive Annual Financial Report
(CAFR)
March 18, 2014 Page 3 of 7
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
1. Request for Authorization to Submit an FY 2014 Grant Application
for 49 USC Ch. 53, Section 5307 Mass Transit Capital and
Operating Assistance
(memorandum dated March 7, 2014)
150-159
(Administrative)
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 Susan Mehiel Regarding Treasure Coast
Regional Planning Council 160
2. Request to Speak from Phyllis Frey Regarding Treasure Coast
Regional Planning Council 161
3. Request to Speak from Anna Garramone, President, St. Christopher
Harbor Homeowner's Association Regarding Application for FIND
Cost -Share Grant for Channel Restoration at Head Island
162-165
4. Request to Speak from Fred Mensing Regarding Proposed High
Speed Rail Station and Grade Crossings 166
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing April 1, 2014:
Three Dog's and A Horse, LLC's Request for Special Exception
Use Approval for an Agricultural Business to be Known as
Audrey's Feed Store (Quasi -Judicial)
(memorandum dated March 4, 2014)
167
2. Notice of Scheduled Public Hearing April 1, 2014:
Consider Amending The Code of Indian River County with Respect
to Routine Housekeeping (Legislative)
(memorandum dated March 7, 2014)
168
11. COUNTY ADMINISTRATOR MATTERS
None
March 18, 2014 Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
A. Community Development
None
B.
C.
Emergency Services
None
General Services
None
D. Human Resources
None
E. Human Services
F.
None
Leisure Services
None
G. Office of Management and Budget
H.
None
Recreation
None
I. Public Works
J.
None
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Legislative Update Regarding Cost -Sharing Proposals for Juvenile
Detention Care Centers
(memorandum dated March 12, 2014)
169-170
March 18, 2014 Page 5 of 7
13. COUNTY ATTORNEY MATTERS PAGE
B. Resolution Reiterating the Board's Support for the Sale of the City of Vero
Beach Electric Utility by the City of Vero Beach to Florida Power & Light
(memorandum dated March 12, 2014) 171-173
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan, Chairman
1. Resolution Opposing HB 703
(memorandum dated March 11, 2014) 174-180
2. 2014 Children's Service Advisory Committee (CSAC) Needs
Assessment
(memorandum dated March 11, 2014)
B. Commissioner Wesley S. Davis, Vice Chairman
C.
None
Commissioner Joseph E. Flescher
None
D. Commissioner Bob Solari
None
E Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
1. Approval of Minutes — Meeting of November 5, 2013
2. Approval of Minutes — Meeting of November 19, 2013
3. Approval of Minutes — Meeting of December 3, 2013
4. Signing of Work Order #2 for Fire Rescue Station 13 Site (4th Street
and 43rd Avenue)
(memorandum dated March 13, 2014)
181-185
186-192
March 18, 2014 Page 6 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
B. Solid Waste Disposal District
C.
None
Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
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.
March 18, 2014
Page 7 of 7
1
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
MARCH 18, 2014
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1
ADD: EMERGENCY ITEM 5.G. PRESENTATION OF PROCLAMATION HONORING
LEROY SMITH ON HIS RETIREMENT FROM INDIAN RIVER COUNTY SHERIFF'S
DEPARTMENT WITH 27.9 YEARS OF SERVICE 2
ADD: EMERGENCY ITEM 10.B.5. REQUEST TO SPEAK FROM NICHOLAS SCHAUS
ON ALL ABOARD FLORIDA 2
ADD: SUPPLEMENTARY AGENDA INFORMATION FOR ITEM 14.A.1. 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION BY GARY JAMES, DIRECTOR OF OPERATIONS, AMERICAN
SECURITY COUNCIL FOUNDATION PROMOTING STEP UP AMERICA GOLF
TOURNAMENT 2
5.B. PRESENTATION OF PROCLAMATION - INDIAN RIVER COUNTY CELEBRATING
CHILDREN'S WEEK 3
March 18, 2014 1
5.C. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 19, 2014 AS KICK
B UTTS DAY IN INDIAN RIVER COUNTY 3
5.D. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 2014 AS NATIONAL
E YE DONOR MONTH 3
5 E PRESENTATION OF PROCLAMATION DESIGNATING MARCH 16 THROUGH MARCH
22, 2014 AS SURVEYORS WEEK 4
5.F. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 2014 AS MARCH FOR
MEALS MONTH 4
5.G. EMERGENCY ADDITION. PRESENTATION OF PROCLAMATION HONORING LEROY
SMITH ON HIS RETIREMENT FROM INDIAN RIVER COUNTY SHERIFF'S
D EPARTMENT WITH 27.9 YEARS OF SERVICE 4
6. APPROVAL OF MINUTES 5
6.A. REGULAR MEETING OF FEBRUARY 11, 2014 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS - FEBRUARY 28, 2014 TO MARCH 6, 2014 5
8.B. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS AND
NOTICE OF CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT)
COMPLETION 6
8.C. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER SHORES DEPARTMENT OF
PUBLIC SAFETY 6
8.D. SEWER FEASIBILITY STUDY FOR THE SUMMERPLACE AREA - FINAL PAY TO
SCHULKE, BITTLE AND STODDARD, L L C - UCP 4101 7
8.E. KRG INDIAN RIVER, LLC'S REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS CHASE BANK - INDIAN RIVER SQUARE 7
8.F. CONSULTANT SELECTION FOR RFQ No. 2014023 - PROJECT ADMINISTRATION
SERVICES FOR INDIAN RIVER COUNTY GOLINE BUS TRANSFER HUB FACILITY 7
March 18, 2014 2
8.G. HISTORIC DODGERTOWN (FKA VERO BEACH SPORTS VILLAGE) ROOM
RENOVATIONS - CHANGE ORDER NO. 3 - IRC PROJECT NO. 1341 8
8.H. CHANGE ORDER NO. 2 GIFFORD PARK BALLFIELDS GRADING IMPROVEMENTS
IRC PROJECT No. 1336 - BID No. 2014015 9
8.I. AMENDMENT NO. 1 TO INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE
IMPROVEMENTS TO SKEET & TRAP FACILITY PROFESSIONAL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT AGREEMENT RFQ
No. 2013017 - IRC PROJECT No. 1213 9
8.J. CHANGE ORDER NO. 2 FOR THE WATER PLANTS LIME SLURRY INJECTION
PROJECT - UCP 2715 BID NO 2013028 10
8.K. FINANCING CAPITAL COST ON THE 66TH AVENUE WATERMAIN PROJECT FROM
8TH STREET TO 16TH STREET - INDIAN RIVER COUNTY PROJECT NO. UCP 4040 10
8 L CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION RFP #
2014033 NEW FOCUS AREAS FOR 2014-15 AND SAMPLE AGENCY CONTRACT TO
BE USED 11
8.M. MISCELLANEOUS BUDGET AMENDMENT 011 11
8.N. APPROVAL OF BID AWARD FOR IRC BID #2014024 DUNES GOLF COURSE
IRRIGATION SYSTEM PROJECT 12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 12
9.A. INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER, 12
JEFFREY R. SMITH: SUMMARY REVIEW OF 9-30-13 COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR) 12
10. PUBLIC ITEMS 13
10.A. PUBLIC HEARINGS 13
10.A.1. REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2014 GRANT APPLICATION
FOR 49 UNITED STATES CODE (USC) CHAPTER 53, SECTION 5307 MASS
TRANSIT CAPITAL AND OPERATING ASSISTANCE (ADMINISTRATIVE) 13
10.B. PUBLIC DISCUSSION ITEMS 14
10.B.1. REQUEST TO SPEAK FROM SUSAN MEHIEL REGARDING TREASURE COAST
REGIONAL PLANNING COUNCIL 14
10.112. REQUEST TO SPEAK FROM PHYLLIS FREY REGARDING TREASURE COAST
REGIONAL PLANNING COUNCIL 15
March 18, 2014 3
10.B.3. REQUEST TO SPEAK FROM ANNA GARRAMONE, PRESIDENT, ST. CHRISTOPHER
HARBOR HOMEOWNER'S ASSOCIATION REGARDING APPLICATION FOR FLORIDA
INLAND NAVIGATION DISTRICT (FIND) COST -SHARE GRANT FOR CHANNEL
RESTORATION AT HEAD ISLAND 16
10.B.4. REQUEST TO SPEAK FROM FRED MENSING REGARDING PROPOSED HIGH SPEED
RAIL STATION AND GRADE CROSSINGS 17
10.B.5. EMERGENCY ADDITION: REQUEST TO SPEAK FROM NICHOLAS SCHAUS ON ALL
ABOARD FLORIDA 18
10.C. PUBLIC NOTICE ITEMS 20
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 1, 2014: 20
THREE DOGS AND A HORSE, LLC'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL FOR AN AGRICULTURAL BUSINESS TO BE KNOWN AS AUDREY'S
FEED STORE (QUASI-JUDICIAL) 20
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 1, 2014. 20
CONSIDER AMENDING THE CODE OF INDIAN RIVER COUNTY WITH RESPECT TO
ROUTINE HOUSEKEEPING (LEGISLATIVE) 20
11. COUNTY ADMINISTRATOR MATTERS - NONE 20
12. DEPARTMENTAL MATTERS
20
12.A. COMMUNITY DEVELOPMENT - NONE 20
12.B. EMERGENCY SERVICES - NONE 20
12.C. GENERAL SERVICES - NONE 20
12.D. HUMAN RESOURCES - NONE 20
12.E. HUMAN SERVICES - NONE 20
12.F. LEISURE SERVICES - NONE 21
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 21
12.H. RECREATION - NONE 21
12.I. PUBLIC WORKS - NONE 21
12.J. UTILITIES SERVICES - NONE 21
13. COUNTY ATTORNEY MATTERS 21
March 18, 2014
4
13.A. LEGISLATIVE UPDATE REGARDING COST-SHARING PROPOSALS FOR JUVENILE
DETENTION CARE CENTERS 21
13.B. RESOLUTION REITERATING THE BOARD'S SUPPORT FOR THE SALE OF THE CITY
OF VERO BEACH ELECTRIC UTILITY BY THE CITY OF VERO BEACH TO FLORIDA
POWER & LIGHT 22
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 25
14.A.1. RESOLUTION OPPOSING HOUSE BILL 703 (HB 703) 25
14.A.2. 2014 CHILDREN'S SERVICE ADVISORY COMMITTEE (CSAC) NEEDS
ASSESSMENT 26
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 26
14.C. COMMISSIONER JOSEPH E FLESCHER- NONE 26
14.D. COMMISSIONER BOB SOLARI - NONE 26
14 E COMMISSIONER TIM ZORC - NONE 26
15. SPECIAL DISTRICTS AND BOARDS 26
15.A. EMERGENCY SERVICES DISTRICT 26
15.A.1. APPROVAL OF MINUTES - MEETING OF NOVEMBER 5, 2013 27
15.A.2. APPROVAL OF MINUTES - MEETING OF NOVEMBER 19, 2013 27
15.A.3. APPROVAL OF MINUTES - MEETING OF DECEMBER 3, 2013 27
15.A.4. SIGNING OF WORK ORDER No. 2 FOR FIRE RESCUE STATION 13 SITE (4TH
STREET AND 43RD AVENUE) 27
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 27
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 27
16. ADJOURNMENT 27
March 18, 2014 5
JEFFREY R. SMITH
Clerk to the Board
March 18, 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, March 18, 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
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Zorc 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:
March 18, 2014 1
Add: Emergency Item 5.G. Presentation of Proclamation Honoring Leroy Smith on his
Retirement from Indian River County Sheriff's Department with 27.9 Years of
Service
Add: Emergency Item 10.B.5. Request to Speak from Nicholas Schaus on All Aboard
Florida
Add: Supplementary Agenda Information for Item 14.A.1.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BY GARY JAMES, DIRECTOR OF OPERATIONS, AMERICAN
SECURITY COUNCIL FOUNDATION PROMOTING STEP UP AMERICA GOLF
TOURNAMENT
(Clerk's Note: This item was heard following Item S.C. and is placed here for
continuity).
Director of Operations Gary James, American Security Council Foundation (ASCF),
discussed the goals and objectives of the American Security Council Foundation, which
originated the strategy of promoting peace through strength, and developed the initiative "Step -
Up America: The Call to Good Citizenship" program. He announced that the ASCF is hosting
a golf tournament at the Bent Pine Golf Club on March 29, 2014, with the proceeds to be used to
provide scholarships to children of active duty military, veterans, law enforcement personnel,
and first responders.
March 18, 2014 2
S.B. PRESENTATION OF PROCLAMATION - INDIAN RIVER COUNTY
CELEBRATING CHILDREN'S WEEK
Chairman O'Bryan read and presented the Proclamation to Jacki Jackson, CEO, and John
Locke, Board Member, Early Learning Coalition of Indian River, Martin, and Okeechobee
Counties (ELC).
S.C. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 19, 2014 As
KICK BUTTS DAY IN INDIAN RIVER COUNTY
Commissioner Zorc read and presented the Proclamation to Leslie Spurlock, Tobacco
Free Partnership of Indian River County; Marie Blanchard, Students Working Against Tobacco
(SWAT) Advisor at Oslo Middle School; and Teresa Woodson, American Cancer Society; who
accepted the proclamation on behalf of the SWAT team.
S.D. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 2014 AS
NATIONAL EYE DONOR MONTH
(Clerk's Note: This item was heard following Item S.A. and is placed here for
continuity).
Vice Chairman Davis read and presented the Proclamation to the Medical Eye Bank of
Florida's Hospital and Community Relations Coordinator, Kimberly Owens, and Director
Christopher Bronaugh, who were accompanied by Robin Phillips.
March 18, 2014 3
S.E. PRESENTATION OF PROCLAMATION DESIGNATING MARCH 16 THROUGH
MARCH 22, 2014 AS SURVEYORS WEEK
Commissioner Solari read and presented the Proclamation to David Schryver, County
Surveyor, and Adam Dao, President, Indian River Chapter of the Florida Surveying and Mapping
Society, who were accompanied by eight other professional surveyors.
S.F. PRESENTATION OF PROCLAMATION RECOGNIZING MARCH 2014 AS
MARCH FOR MEALS MONTH
Commissioner Flescher read and presented the Proclamation to Karen Deigl,
President/CEO; Deb Wheaton, Nutrition Manager and Dietician; and Sheldon Kleger, Director
of Client and Health Services representing the Senior Resource Association (SRA). Ms. Deigl
provided an overview of the Meals on Wheels program, and invited everyone to dine at Ruby
Tuesday's, Applebee's, or Vittoria's Pizza on Wednesday, March 19, 2014, as 10% of that day's
proceeds will be donated to Meals on Wheels.
S.G. EMERGENCY ADDITION: PRESENTATION OF PROCLAMATION HONORING
LEROY SMITH ON HIS RETIREMENT FROM INDIAN RIVER COUNTY
SHERIFF'S DEPARTMENT WITH 27.9 YEARS OF SERVICE
Commissioner Flescher read and presented the Proclamation to Leroy Smith, who was
accompanied by several family members.
Sheriff Deryl Loar, Director of Government Affairs and Media Relations Jeff Luther, and
Deputy Teddy Floyd were also present to honor Mr. Smith.
March 18, 2014 4
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY 11, 2014
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 February 11, 2014 meeting, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8.G. for discussion.
Commissioner Zorc requested to pull Item 8.M. 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 - FEBRUARY28, 2014 TO MARCH 6, 2014
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 February 28,
March 18, 2014 5
2014 to March 6, 2014, as requested in the memorandum
of March 6, 2014.
8.B. APPROVAL OF ANNUAL FINANCIAL REPORT BY COUNTY COMMISSIONERS
AND NOTICE OF CAFR (COMPREHENSIVE ANNUAL FINANCIAL REPORT)
COMPLETION
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
authorized the Chairman to execute the County's Local
Government Annual Financial Report and accept the
Comprehensive Annual Financial Report (CAFR) as
presented for Fiscal Year 2012-2013, as recommended in
the memorandum of March 12, 2014.
REPORTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. APPROVAL OF RENEWAL FOR A CLASS "A" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR INDIAN RIVER SHORES DEPARTMENT
OF PUBLIC SAFETY
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved renewal of the Class "A" Certificate of Public
Convenience and Necessity for Indian River Shores
Department of Public Safety, to be effective for a period
of two (2) years from April 15, 2014 to April 15, 2016, as
recommended in the memorandum of March 6, 2014.
March 18, 2014 6
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. SEWER FEASIBILITY STUDY FOR THE SUMMERPLACE AREA - FINAL PAY
TO SCHULKE, BITTLE AND STODDARD, L.L. C. - UCP 4101
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: (1) the additional reimbursable reproduction
costs in the amount of $432.57; (2) the revised total
amount for Work Order No. 4 of $38,932.57; and (3)
Invoice No. 13-108-4 Final from Schulke, Bittle and
Stoddard, LLC, in an amount of $4,282.57, as
recommended in the memorandum of March 3, 2014.
8.E. KRG INDIAN RIVER, LLC'S REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS CHASE BANK - INDIAN RIVER SQUARE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously granted
final plat approval for Chase Bank — Indian River Square
subdivision, as recommended in the memorandum of
March 7, 2014.
8.F. CONSULTANT SELECTION FOR RFT) No. 2014023 - PROJECT
ADMINISTRATION SERVICES FOR INDIAN RIVER COUNTY GOLINE Bus
TRANSFER HUB FACILITY
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
March 18, 2014 7
approved the committee's final ranking and authorized
negotiations with the top ranked firm, CivilSury Design
Group, Inc., and subsequently the second ranked firm,
Skanska USA Building, Inc., should negotiations with the
first firm fail to result in an agreement, as recommended in
the memorandum of March 10, 2014.
8.G. HISTORIC DODGERTOWN (FKA VERO BEACH SPORTS VILLAGE) ROOM
RENOVATIONS - CHANGE ORDER No. 3 - IRC PROJECT No. 1341
Commissioner Solari declared his opposition to this item.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, by a 4-1 vote (Commissioner
Solari opposed), the Board (1) approved Change Order
No. 3 to the contract with OAC Action Construction
Corp., in the amount of $36,900.22 for a total contract
price of $636,245.22; (2) authorized the County
Attorney's Office to draft an amendment to the facility
lease agreement consistent with this change order
authorizing total expenditures of $670,245.22; and (3)
authorized the necessary budget amendment to provide
additional funding in the amount of $36,901 from
Optional Sales Tax, as recommended in the memorandum
of March 10, 2014.
March 18, 2014 8
8.H. CHANGE ORDER No. 2 GIFFORD PARK BALLFIELDS GRADING
IMPROVEMENTS IRC PROJECT NO. 1336 - BID No. 2014015
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Change Order No. 2 with Summit Construction
of Vero Beach, LLC, increasing the contract by
$48,183.64, as recommended in the memorandum of
March 7, 2014.
B.I. AMENDMENT No. 1 TO INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE
IMPROVEMENTS TO SKEET & TRAP FACILITY PROFESSIONAL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT
AGREEMENT RFQ No. 2013 017 -IRC PROJECT No. 1213
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved the removal of the 300 -yard rifle range and
action pistol range from the project scope; and (2)
approved and authorized the Chairman to execute
Amendment No. 1 in the amount of $26,805 with Donadio
and Associates, Architects, P.A., as recommended in the
memorandum of March 7, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
March 18, 2014 9
8.J. CHANGE ORDER No. 2 FOR THE WATER PLANTS LIME SLURRY INJECTION
PROJECT- UCP 2715 BID No. 2013028
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
authorized the Chairman to execute Change Order No. 2
on their behalf for a lump sum amount of $50,155.96 to
R.J. Sullivan Corporation, increasing the total contract
amount to $2,788,682.96, as recommended in the
memorandum of March 10, 2014.
8.K. FINANCING CAPITAL COST ON THE 66TH AVENUE WATERMAIN PROJECT
FROM 8TH STREET TO 16TH STREET - INDIAN RIVER COUNTY PROJECT NO.
UCP 4040
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved a five (5) year financing mechanism for the
eighteen (18) properties to cover the capital cost for
Project UCP No. 4040 on 66thAvenue between 8th and 16th
Street; residents will still be responsible for the standard
impact fees and connection fees in addition to capital
costs as stated and recommended in the memorandum of
March 6, 2014.
March 18, 2014 10
B.L. CHILDREN'S SERVICES ADVISORY COMMITTEE'S RECOMMENDATION
RFP # 2014033 NEW Focus AREAS FOR 2014-15 AND SAMPLE AGENCY
CONTRACT TO BE USED
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
accepted the RFP No. 2014033 for 2014-2015, new Focus
Areas and Agency Contract as submitted; and (2)
authorized the Chairman to execute the individual
contracts, as recommended in the memorandum of March
11, 2014.
B.M. MISCELLANEOUS BUDGET AMENDMENT 011
Commissioner Zorc noted that Item 5 in the budget amendment was an allocation for ten
(10) new Senior Resource Association (SRA) bus shelters. He wanted to know if funding could
be added to expedite the installation of the shelters, or if another request would have to be
brought back to the Board
County Administrator Joseph Baird explained that the funding will only cover the
purchase of ten additional bus shelters, minus the installation expense.
After further discussion, the Board CONSENSUS was to consider funding avenues for
the shelter installations at a future Board meeting.
ON MOTION by Commissioner Zorc, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2014-024, amending the fiscal year 2013-2014
budget.
March 18, 2014 11
8.N. APPROVAL OF BID AWARD FOR IRC BID #2014024 DUNES GOLF COURSE
IRRIGATION SYSTEM PROJECT
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved the project award to Duininck, Inc., for the
Irrigation Project on the Dunes Course at Sandridge Golf
Club in the amount of $1,168,000.00 (2) approved the
sample agreement; and (3) authorized the Chairman to
execute said agreement after receipt and approval of the
required Pubhc Construction Bond and Certificate of
Insurance, and after the County Attorney has approved the
agreement as to form and legal sufficiency, as
recommended in the memorandum of March 7, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER,
JEFFREY R. SMITH: SUMMARY REVIEW OF 9-30-13 COMPREHENSIVE ANNUAL
FINANCIAL REPORT (CAFR)
Clerk of Circuit Court and Comptroller Jeffrey R. Smith announced that the Indian River
County's 2012-2013 Comprehensive Annual Financial Report (CAFR) was completed on March
3, 2014, and that the County has received the Certificate of Achievement for Excellence in
Financial Reporting for 30 consecutive years. He used a PowerPoint presentation (copy on file)
to provide a comprehensive overview of the audit results, relaying that there has been an overall
increase of $1 million in the County's net worth for 2013. Mr. Smith discussed the benefits of
March 18, 2014 12
the Clerk's initiatives to pay vendors electronically, and to continue going paperless with the
Accounts Payable and Human Resources systems. He thereafter responded to the Board's
questions about the CAFR.
Chairman O'Bryan requested that staff prepare a one-page summary of the strongest
highlights of the CAFR to use as an economic development statement demonstrating the
County's financial stability.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2014 GRANT
APPLICATION FOR 49 UNITED STATES CODE (USC) CHAPTER 53,
SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING ASSISTANCE
(ADMINISTRATIVE)
The Chairman called a recess at 10:25 a.m., and reconvened the meeting at 10:36 a.m.,
with all members present.
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Metropolitan Planning Organization (MPO) Staff Director Phil Matson provided
background and analysis on the Federal Government's Section 5307 grant funds. He explained
that they provide 50% of the operating subsidies for the GoLine and Community Coach transit
services operated by the Senior Resource Association (SRA), and that they require a County and
State match for operating expenses. He disclosed that staff would be meeting with the SRA to
project what next year's operating expenses will be and asked the Board to approve the
proposed Resolution authorizing the filing of the Fiscal Year 2014 Section 5307 grant
application.
March 18, 2014 13
Administrator Baird confirmed that the GoLine Bus System would be continuing with the
extended hours.
The Chairman opened the Public Hearing.
Director Matson explained for Bob Johnson why the grant application reflects Fiscal
Year 2014 as the date.
There were no speakers; the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2014-025, authorizing the filing of a FY 2014
Grant Application for 49 USC Ch. 53, Section 5307 Mass
Transit Capital and Operating Assistance.
10.B. PUBLIC DISCUSSION ITEMS
1O.B.I. REQUEST TO SPEAK FROM SUSAN MEHIEL REGARDING TREASURE
COAST REGIONAL PLANNING COUNCIL
Susan Mehiel, 131 Laurel Oak Lane, voiced her concerns about what she feels is a lack
of public representation from the Treasure Coast Regional Planning Council (TCRPC). She read
portions of a letter sent to Governor Scott by Michael Busha, the Executive Director of TCRPC,
wherein he states that passenger rail service has been a long-standing regional priority, and
proposes strategies for mitigating the impacts of Florida East Coast Industries' (FECI) proposed
All Aboard Florida (AAF) high speed railway project. Ms. Mehiel declared that the statements
in the letter do not mirror the public's opposition to the AAF. She urged the Board to
disassociate itself from the TCRPC and work with other counties that share Indian River
County's interests.
March 18, 2014 14
A lengthy discussion ensued among the Board, staff, and Ms. Mehiel about specific
mitigation strategies that Mr. Busha proposed in his letter, including his requests for: (1) federal
funding for quiet zones; (2) train stations/stops in Indian River, St Lucie, and Martin counties;
and (3) the reallocation of freight trains inland, away from the coastal route.
Attorney Reingold, responding to questions from the Board, stated that in accordance
with Section 186.504 of the Florida Statutes, there is clearly a legislative directive to have a
Regional Planning Council.
Chairman O'Bryan noted that the decision on AAF will ultimately be made at the federal
level, but local governments can seek strategies to soften the project's impacts.
No Board Action Required or Taken
1O.B.2. REQUEST TO SPEAK FROM PHYLLIS FREY REGARDING TREASURE
COAST REGIONAL PLANNING COUNCIL
Phyllis Frey, 275 Date Palm Road, thanked the four Commissioners who voted on
December 18, 2012, to withdraw Indian River County from the Seven50 regional planning
initiative (a/k/a the Southeast Florida Regional Planning Council). She read a statement
regarding the Treasure Coast Regional Planning Council's (TCRPC) support of the Seven50
group and the All Aboard Florida (AAF) high speed railway project. She stated that one goal of
the Seven50 is to bring compact high density population development into the region, which is
not desired in Indian River County. She asked the Board for continued vigilance and good
operating practices regarding the County's growth management, and expressed appreciation for
being allowed to speak before the County Commission on this matter.
No Board Action Required or Taken
March 18, 2014 15
1O.B.3. REQUEST TO SPEAK FROM ANNA GARRAMONE, PRESIDENT, ST.
CHRISTOPHER HARBOR HOMEOWNER'S ASSOCIATION REGARDING
APPLICATION FOR FLORIDA INLAND NAVIGATION DISTRICT (FIND)
COST -SHARE GRANT FOR CHANNEL RESTORATION AT HEAD ISLAND
Anna Garramone, 2136 Harbor Lane, President, St. Christopher Harbor Homeowner's
Association (HOA), recalled the Board's approval on March 11, 2014, for the County to expend
$35,750 as a cost -share match for channel restoration at Head Island (a/k/a the Green Salt Marsh
LAAC Site). She relayed that the HOA has worked for seven years to acquire the federal
permits to go forward with the project, and that the HOA had originally budgeted $22,000 as
their portion of the cost -share. She revealed that now that the permits are in hand, the cost has
escalated and considering the Board's March 11 vote, the HOA would have to contribute an
additional $37,773.50 (adding to the $38,000 already proffered) to the project. She asked the
Board to reevaluate their cost share, and to assume the project management from this point
forward.
Administrator Baird relayed that the County's Chief Environmental Planner Roland
DeBlois has affirmed the importance of the Head Island project.
Further discussion ensued between the Board and Ms. Garramone about the grant
amount, and how to split the remaining project costs between the County and the HOA.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, to authorize an
additional expenditure of $17,000 as a County match for
the Head Island Channel restoration project, bringing the
Board's total match to $52,750; and to approve for the
County to assume the project management from St.
Christopher Harbor Homeowners Association.
March 18, 2014 16
Commissioner Solari noted that he would not support the Motion as votes are not
normally taken under Public Discussion items. He also said that although this was a good
project, he did not know whether it should take priority to receive tax dollars over other Lagoon
prod ects.
Chairman O'Bryan supported the Board's original vote to contribute $35,750 as the
County's cost -share. He mentioned that the residents of St. Christopher Harbor will derive
some benefit from the project, and that the engineer's bill seems excessive. He also suggested
that it might be advantageous to see if the Mosquito Control District has equipment that can
remove the excavated material for less cost than renting a barge.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners O'Bryan and Solari opposed), the
Motion carried.
IO.B.4. REQUEST TO SPEAK FROM FRED MENSING REGARDING PROPOSED
HIGH SPEED RAIL STATION AND GRADE CROSSINGS
Fred Mensing, 7580 129th Street, reviewed the information contained in his report (copy
on file) in support of the proposed Florida East Coast Industries (FECI) All Aboard Florida
(AAF) high speed passenger rail project and the possibility of passenger rail service coming to
this area. He suggested that County staff contact railroad officials to find out what would be the
requirements for a railway station, and seek property on which to locate a railway station
midway between West Palm Beach and Vero Beach.
No Board Action Required or Taken
March 18, 2014 17
1O. B. 5. EMERGENCY A DDITION: REQUEST TO SPEAK FROM NICHOLAS SCHAUS
ON ALL ABOARD FLORIDA
Nicholas Schaus, 307 Sable Oak, advised that the Board's best option for providing
input on the proposed All Aboard Florida (AAF) rail project is to comment on the Environmental
Impact Statement (EIS) when it is published by the Federal Railroad Administration (FRA). He
referred the Board to AAF's October 2012 Environmental Assessment (EA) from West Palm
Beach to Miami to get a complete list of land uses that might be negatively impacted along the
21 miles of right-of-way in the County. He also suggested that County staff begin studying this
information and report back to the Board on the prospective benefits and burdens of AAF to the
County.
(Clerk's Note: The Environmental Impact Statement (EIS) is the title for the upcoming
study. The 2012 study from West Palm Beach to Miami was titled the Environmental Assessment
(EA).
Commissioner Zorc suggested that staff seek a local expert from one of the County's
continuing services contracts who can evaluate the EIS when it is released.
After a brief discussion, the Board CONSENSUS was to ask Administrator Baird to
direct staff to return to the Board on April 1, 2014 with their plan to address the environmental
assessment issues associated with the AAF project.
The Chairman invited public comment
Dan Lamson Director, Indian River Neighborhood Association, stressed the importance
of knowing what the local impacts from the rail project will be before the EIS comes out.
March 18, 2014 18
Tom Gruber, 221 Park Shores Circle, suggested that the Board request a ninety -day
comment period from the Federal Railroad Administration to review the All Aboard Flonda
Environmental Impact Statement
Stephen Sczurek, 945 37th Avenue, asked the Board to consider the possible advantages
of passenger rail service to the County.
Phyllis Frey discussed the Federal Government's ultimate plan to have 80% passenger
ridership by rail, and mentioned that not one passenger rail service is operating at a profit.
Discussion ensued during which the Board speculated on the financial health of Fortress
Investment Group, LLC, (Fortress) the primary company behind Florida East Coast Industries
(FECI).
Mr. Mensing remarked on the success of the steam engines along Florida's east coast in
the past, as well as the successful passenger rail service in contemporary Europe.
Tuck Ferrell, 12546 North Highway Al A, President North Beach Civic Association,
urged the Board to find out what the AAF can do to help with the expense of the grade crossings.
Althea McKenzie, 2405 16th Avenue, wondered why the proposed rail service would not
be routed down the Florida Turnpike. She also requested that updated status reports be provided
on the County's website.
Administrator Baird acknowledged that staff would provide on the County's website,
links to the updated information on the AAF, and would also return on April 1, 2014 with
analysis and a recommendation for the Board.
No Board Action Required or Taken
March 18, 2014 19
The Chairman called a recess at 12:28 p.m. and reconvened the meeting at 12:34 p.m.,
with all members present.
10.C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 1, 2014:
THREE DOGS AND A HORSE, LLC's REQUEST FOR SPECIAL EXCEPTION
USE APPROVAL FOR AN AGRICULTURAL BUSINESS TO BE KNOWN AS
AUDREY'S FEED STORE (QUASI-JUDICIAL)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING APRIL I, 2014:
CONSIDER AMENDING THE CODE OF INDIAN RIVER COUNTY WITH
RESPECT TO ROUTINE HOUSEKEEPING (LEGISLATIVE)
County Attorney Dylan Reingold read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
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
March 18, 2014 20
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION- NONE
12.I. PUBLIC WORKS' - NONE
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. LEGISLATIVE UPDATE REGARDING COST-SHARING PROPOSALS FOR
JUVENILE DETENTION CARE CENTERS
Assistant County Attorney Kate Pingolt Cotner reported that the Florida Statutes require
non -fiscally restrained counties (such as Indian River) to pay for the cost of detention care for
juveniles who reside in that county for the period of time prior to "final court disposition", and
provided background on the Department of Juvenile Justice's (DJJ), implementation of a cost-
sharing program for the Counties and State. She revealed that DJJ's process for calculating the
shared expenses was found to be invalid, and that the County is eligible to receive an estimated
$250,000 in overpayments. She displayed a slide (copy on file) outlining the proposed new
cost-sharing mechanisms between the Counties and State, and asked the Board to decide which
option they would support:
March 18, 2014
21
PROPOSAL
COUNTY
STATE
Governor
57%
43% No Reimbursement
House of Representatives
50%
50% Reimbursement
over
23
years
Senate Bill 1532
50%
50% No Reimbursement
March 18, 2014
21
Chairman O'Bryan advised that the Florida Association of Counties (FAC) strongly
recommends the House proposal.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously directed
the County Attorney to relay to the Florida Association of
Counties (FAC) that the Indian River County Commission
supports the proposed House of Representatives
legislation, which incorporates the basics of Senate Bill
1532, the 50/50 split between the County and the State,
but incorporates the repayment factor.
Commissioner Zorc initiated a brief discussion on the possibility of developing a hybrid
system in cooperation with the Sheriff's Department for those juveniles who are being retained
short-term and those who must be sent to the Ft. Pierce Juvenile Detention Center for a longer
stay.
13.B. RESOLUTION REITERATING THE BOARD'S SUPPORT FOR THE SALE OF
THE CITY OF VERO BEACH ELECTRIC UTILITY BY THE CITY OF VERO
BEACH TO FLORIDA POWER & LIGHT
Attorney Dylan Reingold recalled that on March 11, 2014, Florida Power & Light (FPL)
Representative Amy Brumes presented an update on the prospective sale of the City of Vero
Beach (the City) electric utility to FPL, which will entail a payment of $26 million to the Florida
Municipal Power Agency (FMPA) from FPL, followed by $26 million over a three to four-year
period from the City's electric utility customers. He stated that in accordance with the Board's
direction on March 11, he was bringing forward a draft Resolution (prepared with Commissioner
Solari's assistance), reiterating the Board's support for the sale of the City's electric utility to
FPL
March 18, 2014 22
Commissioner Solari had staff display a spreadsheet (copy on file) of electric service
charges from the City and FPL, to illustrate the savings that certain commercial customers would
derive by switching from the City's electric utility to FPL
Discussion ensued among the Board regarding the possibility of amending certain content
relating to FMPA in the last two "WHEREAS" clauses in the Resolution.
Commissioner Solari suggested amending the last `WHEREAS' clause to read
"...WHEREAS, the people of the City of Vero Beach have on numerous occasions shown that
they wish their electric needs to be provided to them by FPL, with rates comparable to FPL "
Herb Whittall, 19 Park Avenue, addressed the Board with his request to refrain from
taking action on the Resolution until the City of Vero Beach Mayor, Dick Winger, meets with
FMPA on April 2, 2014.
Commissioners O'Bryan, Flescher, and Solari voiced their support for proceeding with
the Resolution.
Commissioner Zorc remarked that it would be beneficial for the County to have a large
presence at the FMPA meetings.
Attorney Reingold inquired about the possibility of having staff attend the meetings, in
addition to the Commissioners.
Chairman O'Bryan asked Attorney Reingold to send out a public notice that two or more
Commissioners may be attending the next FMPA meeting.
Discussion ensued, with input from Attorney Reingold, on whether several
Commissioners could attend the FMPA meetings without triggering the Sunshine Law.
March 18, 2014 23
Chairman O'Bryan suggested, in order to avoid sparking the Sunshine Law, that
Commissioner Zorc be appointed as the Commissioner in charge of questions at the meetings.
Administrator Baird acquiesced to having staff attend the meetings and reminded the
Board that a Motion authorizing travel would be required.
Glenn Heran displayed a graph showing the disparity over a 14 -year period between the
City of Vero Beach Electric Utility rates and those of FPL, with the City's rates being
consistently higher than FPL's
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved Resolution 2014-026, amending the last
`WHEREAS' clause as follows: "...WHEREAS, the
people of the City of Vero Beach have on numerous
occasions shown that they wish their electric needs to be
provided to them by FPL with rates comparable to
FPL " reiterating the Board of County Commissioners'
support of the sale of the City of Vero Beach Electric
Utility by the City of Vero Beach to Florida Power &
Light Company; directing copies of this resolution to be
provided to appropriate parties; and (2) directed the
County Attorney to draft a cover letter to accompany a
copy of said Resolution to: (a) the City of Vero Beach
wishing Mayor Dick Winger the Board's best wishes for
his April 2, 2014 meeting with the Florida Municipal
Power Agency (FMPA); and (b) an amiable letter to the
Florida Municipal Power Agency, extending the Board's
good will in support of FMPA and the City reaching an
agreement so the City can move forward in the best
March 18, 2014 24
interests of all the citizens with the sale of the Vero Beach
Electric Utility to Florida Power & Light.
Attorney Reingold sought and received confirmation that the Board also wanted to
authorize travel for Commissioners and staff to attend the upcoming FMPA meetings.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously approved
out -of -County travel for Commissioners and staff to travel
to any future Florida Municipal Power Agency meetings.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. RESOLUTION OPPOSING HOUSE BILL 703 (HB 703)
Chairman O'Bryan provided a brief background on House Bill 703 (HB 703), related to
environmental regulations, which would have specific impacts on Martin County's
Comprehensive Plan process. He viewed the proposed legislation as interfering with the
County's home rule authority and asked fellow Board Members if they wanted to draft a
resolution similar to that of Martin County, opposing HB 703.
Vice Chairman Davis explained that although he supported the concept of home rule he
did not agree with Martin County's requirement for a super majority approval of certain
comprehensive plan amendments.
No Board Action was taken.
March 18, 2014 25
14.A.2. 2014 CHILDREN'S SERVICE ADVISORY COMMITTEE (CSAC) NEEDS
ASSESSMENT
Chairman O'Bryan noted that County Ordinance 99-01 requires that the Children's
Service Advisory Committee have a needs assessment performed every three years to ensure that
funds are targeted to the areas of greatest need.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
funding of $32,550.00 for the Children's Service Advisory
Committee (CSAC) Needs Assessment with Health
Council Southeast Florida (HCSEF) as recommended in
the memorandum of December 23, 2013.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
14. C. COMMISSIONER ,JOSEPH E. FLESCHER- NONE
14.D. COMMISSIONER BOB SOLARI - NONE
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Regular Board reconvened as the Board of Commissioners of the Emergency
Services District. Those Minutes are available separately.
March 18, 2014 26
15.A. I. APPROVAL OF MINUTES - MEETING OF NOVEMBER 5, 2013
15.A.2. APPROVAL OF MINUTES - MEETING OF NOVEMBER 19, 2013
15.A.3. APPROVAL OF MINUTES - MEETING OF DECEMBER 3, 2013
15.A.4. SIGNING OF WORK ORDER No. 2 FOR FIRE RESCUE STATION 13 SITE
(4TH STREET AND 43RD AVENUE)
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
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 1:35 p.m.
March 18, 2014 27
ATTEST:
Jef R. m' , CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By' C^\ -e . a
QQ�
Peter D. O'Bryan, Chairman
Approved MAY 0 6 2014
Deputy Clerk
BCC/MG/2014Minutes
March 18, 2014 28
I