HomeMy WebLinkAbout03/04/2014MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 4, 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
COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman
Wesley S Davis, Vice Chairman
Joseph E Flescher
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
District 4
District 1
District 2
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
Reverend Steve Jones, Vero Christian Church
Commissioner Wesley S. Davis, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation and Campaign Update by Michael Kint, CEO, United Way of
Indian River County
PAGE
March 4, 2014 Page 1 of 7
6.
APPROVAL OF MINUTES
A. None
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Florida Public Service Commission Notice of Commercial/Industrial Service
Rider has been received and is available for review in the Office of the Clerk
to the Board
B. 2014 Election of Planning and Zoning Commission (P&Z) Chairman and
Vice Chairman
(memorandum dated February 17, 2014)
PAGE
1-2
8. CONSENT AGENDA
A. Approval of Warrants — February 8, 2014 to February 13, 2014
(memorandum dated February 13, 2014)
3-9
B. Approval of Warrants — February 14, 2014 to February 20, 2014
(memorandum dated February 20, 2014) 10-18
C. Change Order No. 1 and Release of Retainage CR 512 Resurfacing (East
Bound) Roseland Road to Easy Street — IRC Project No. 1132 FDOT SCOP
FM No. 427572-1-58-01
(memorandum dated January 16, 2014)
19-36
D. Change Order No 1, Final Payment and Release of Retainage South County
Regional Park Multi -Purpose Fields — IRC Project No. 1126 Bid No.
2013009
(memorandum dated February 7, 2014)
37-56
E. Close -Out and Final Payment of Work Order No. PCM -2 for Sediment
Removal at PC Main Screening Facility
(memorandum dated February 11, 2014)
57-59
F. Consultant Selection for RFQ No. 2014016 — Professional A/E Services for
Indian River County GoLine Bus Transfer Hub Facility — IRC Project No.
1330
(memorandum dated February 21, 2014)
60-61
G. Request for Authorization to Advertise for a Request for Qualifications
(RFQ) for Housing Inspection Services
(memorandum dated February 24, 2014)
62-76
March 4, 2014 Page 2 of 7
8. CONSENT AGENDA PAGE
H. Approval of State of Florida Request to Change a Word in the Federally
Funded 2013 Community Emergency Response Team (CERT) sub -grant #
14 -CI -K1 -10 -40 -02 -XXX
(memorandum dated February 11, 2014) 77-80
I. Florida Inland Navigation District FY 2014 Waterways Assistance Program
Authorizing Resolution for the Oslo Boat Ramp Improvements
(memorandum dated February 21, 2014)
81-87
J. Serenoa Homeowners Association, Inc. Request for Release and
Replacement of a Conservation Easement in Serenoa Subdivision in
Accordance with a Recently Approved Preliminary Plat for Serenoa Phases
2,3,4and5
(memorandum dated February 24, 2014)
88-109
K. Facility Lease Agreement with Gifford Youth Little League, Inc.
(memorandum dated February 25, 2014) 110-120
L Miscellaneous Budget Amendment 007
(memorandum dated February 25, 2014) 121-128
M. Fourth of July Fireworks Funding — Miscellaneous Budget Amendment 008
(memorandum dated February 24, 2014) 129-133
N. Consultant Selection for RFQ No. 2014020 for Professional Architectural
and Engineering Services for Indian River County Archie Smith Fish House
Restoration
(memorandum dated February 21, 2014)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Forfeiture Trust Fund
(letter dated February 24, 2014)
10. PUBLIC ITEMS
134-135
136-137
A. PUBLIC HEARINGS
1. Windsor Properties Request for Abandonment of a Portion of
Savannah Drive within the Windsor Development
(memorandum dated February 20, 2014)
(Legislative)
138-146
March 4, 2014 Page 3 of 7
10. PUBLIC ITEMS PAGE
•
A. PUBLIC HEARINGS
2. County Initiated Request to Redesignate ± 70 Acres from C-2,
Conservation -2 (up to 1 unit/40 acres), and L-2, Low -Density
Residential -2 (up to 6 units/acre), to C-1, Conservation -1 (zero
density), and Rezone those ± 70 Acres from RS -6 Single -Family
Residential District (up to 6 units/acre), and RS -1, Single -Family
Residential District (up to 1 unit/acre) to Con -1, Conservation -1
District (zero density)
(memorandum dated February 17, 2014
147-171
(Legislative and Quasi -Judicial)
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 Thomas L Gruber Regarding High Speed
Railroad 172-173
2. Request to Speak from Gifford Economic Development Regarding
Follow-up on Gifford Issues 174
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
Community Development
None
Emergency Services
None
C. General Services
None
D. Human Resources
None
March 4, 2014 Page 4 of 7
E. Human Services
None
F. Leisure Services
None
G. Office of Management and Budget
1. Medtronic Physio Control Cardiac Monitors Miscellaneous Budget
Amendment 009
(memorandum dated February 24, 2014)
H.
Recreation
None
175-183
Public Works
1. Update — Canal Monitoring Devices for North, South, and Main
Relief Canals to Measure Nitrogen / Nutrient Loads Entering Indian
River Lagoon KILROY System
(no back-up)
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Declaration of Former County Jail Tower Site as Surplus Property
(memorandum dated February 25, 2014) 184-187
B. City of Vero Beach Electric Utility — Authorization to Travel to Tallahassee
for Legislative Session
(memorandum dated February 24, 2014)
C. Resolution eliminating rate equalization charge in non -unincorporated areas
of Indian River County
(memorandum dated February 21, 2014)
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Brvan, Chairman
None
188-192
193-196
March 4, 2014 Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Bob Solari
None
E.
Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. 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.
March 4, 2014 Page 6 of 7
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 4, 2014 Page 7 of 7
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
MARCH 4, 2014
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADD: ITEM 11.A. COUNTY ADMINISTRATOR MATTERS: HOUSE BILL 301
REGARDING OFFICE OF MEDICAL EXAMINER 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION AND CAMPAIGN UPDATE BY MICHAEL KINT, CEO, UNITED
WAY OF INDIAN RIVER COUNTY 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 2
March 4, 2014 1
7.A. FLORIDA PUBLIC SERVICE COMMISSION NOTICE OF COMMERCIAL/INDUSTRIAL
SERVICE RIDER HAS BEEN RECEIVED AND IS AVAILABLE FOR REVIEW IN THE
OFFICE OF THE CLERK TO THE BOARD 2
7.B. 2014 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z) CHAIRMAN
AND VICE CHAIRMAN 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS - FEBRUARY 8, 2014 TO FEBRUARY 13, 2014 3
8.B. APPROVAL OF WARRANTS - FEBRUARY 14, 2014 TO FEBRUARY 20, 2014 3
8.C. CHANGE ORDER No. 1 AND RELEASE OF RETAINAGE CR 512 RESURFACING
(EAST BOUND) ROSELAND ROAD TO EASY STREET - IRC PROJECT NO. 1 132
FDOT SCOP FM No. 427572-1-58-01 4
8.D. CHANGE ORDER NO. 1, FINAL PAYMENT AND RELEASE OF RETAINAGE SOUTH
COUNTY REGIONAL PARK MULTI-PURPOSE FIELDS - IRC PROJECT NO. 1126
BID No. 2013009 4
8 E CLOSE-OUT AND FINAL PAYMENT OF WORK ORDER NO. PCM -2 FOR SEDIMENT
REMOVAL AT PC MAIN SCREENING FACILITY 5
8.F. CONSULTANT SELECTION FOR REQUEST FOR QUALIFICATIONS (RFQ) No.
2014016 - PROFESSIONAL ARCHITECTURAL/ENGINEERING (A/E) SERVICES FOR
INDIAN RIVER COUNTY GOLINE BUS TRANSFER HUB FACILITY - IRC PROJECT
No. 1330 5
8.G. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR A REQUEST FOR
QUALIFICATIONS (RFQ) FOR HOUSING INSPECTION SERVICES 6
8.H. APPROVAL OF STATE OF FLORIDA REQUEST TO CHANGE A WORD IN THE
FEDERALLY FUNDED 2013 COMMUNITY EMERGENCY RESPONSE TEAM (CERT)
SUB -GRANT # 14 -CI -K1 -10 -40 -02 -XXX 6
8.I. FLORIDA INLAND NAVIGATION DISTRICT FY 2014 WATERWAYS ASSISTANCE
PROGRAM AUTHORIZING RESOLUTION FOR THE OSLO BOAT RAMP
IMPROVEMENTS 7
8.J. SERENOA HOMEOWNERS ASSOCIATION, INC. REQUEST FOR RELEASE AND
REPLACEMENT OF A CONSERVATION EASEMENT IN SERENOA SUBDIVISION IN
ACCORDANCE WITH A RECENTLY APPROVED PRELIMINARY PLAT FOR SERENOA
PHASES 2, 3, 4 AND 5 7
8.K. FACILITY LEASE AGREEMENT WITH GIFFORD YOUTH LITTLE LEAGUE, INC. 8
March 4, 2014 2
8.L. MISCELLANEOUS BUDGET AMENDMENT 007 8
8.M. FOURTH OF JULY FIREWORKS FUNDING - MISCELLANEOUS BUDGET
AMENDMENT 008 9
8.N. CONSULTANT SELECTION FOR REQUEST FOR QUALIFICATIONS (RFQ) No.
2014020 FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING (A/E)
SERVICES FOR INDIAN RIVER COUNTY ARCHIE SMITH FISH HOUSE
RESTORATION 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 10
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF: FORFEITURE TRUST FUND 10
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARINGS 11
10.A.1. WINDSOR PROPERTIES REQUEST FOR ABANDONMENT OF A PORTION OF
SAVANNAH DRIVE WITHIN THE WINDSOR DEVELOPMENT (LEGISLATIVE) 11
10.A.2. COUNTY INITIATED REQUEST TO REDESIGNATE ± 70 ACRES FROM C-2,
CONSERVATION -2 (UP TO 1 UNIT/40 ACRES), AND L-2, LOW-DENSITY
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C-1, CONSERVATION -1 (ZERO
DENSITY), AND REZONE THOSE ± 70 ACRES FROM RS -6 SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND RS -1, SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO CON -1, CONSERVATION -1
DISTRICT (ZERO DENSITY) (LEGISLATIVE AND QUASI-JUDICIAL) 12
10.B. PUBLIC DISCUSSION ITEMS 14
10.B.1. REQUEST TO SPEAK FROM THOMAS L. GRUBER REGARDING HIGH SPEED
RAILROAD 14
10.B.2. REQUEST TO SPEAK FROM GIFFORD ECONOMIC DEVELOPMENT REGARDING
FOLLOW-UP ON GIFFORD ISSUES 15
10.C. PUBLIC NOTICE ITEMS - NONE 16
11. COUNTY ADMINISTRATOR MATTERS 17
ADDITION: 11.A. HOUSE BILL 301 REGARDING OFFICE OF MEDICAL
EXAMINER 17
March 4, 2014 3
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT- NONE 17
12.B. EMERGENCY SERVICES - NONE 17
12.C. GENERAL SERVICES - NONE 18
12.D. HUMAN RESOURCES - NONE 18
12.E. HUMAN SERVICES - NONE 18
12.F. LEISURE SERVICES - NONE 18
12.G. OFFICE OF MANAGEMENT AND BUDGET 18
12.G.1 MEDTRONIC PHYSIO CONTROL CARDIAC MONITORS MISCELLANEOUS BUDGET
AMENDMENT 009 18
12.H. RECREATION - NONE 19
12.I. PUBLIC WORKS 19
12.I.1 UPDATE - CANAL MONITORING DEVICES FOR NORTH, SOUTH, AND MAIN
RELIEF CANALS TO MEASURE NITROGEN / NUTRIENT LOADS ENTERING INDIAN
RIVER LAGOON KILROY SYSTEM 19
123. UTILITIES SERVICES - NONE 20
13. COUNTY ATTORNEY MATTERS 20
13.A. DECLARATION OF FORMER COUNTY JAIL TOWER SITE AS SURPLUS PROPERTY 20
13.B. CITY OF VERO BEACH ELECTRIC UTILITY - AUTHORIZATION TO TRAVEL TO
TALLAHASSEE FOR LEGISLATIVE SESSION 22
13.C. RESOLUTION ELIMINATING RATE EQUALIZATION CHARGE IN NON -
UNINCORPORATED AREAS OF INDIAN RIVER COUNTY 23
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 25
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 25
14.C. COMMISSIONER JOSEPH E FLESCHER- NONE 25
14.D. COMMISSIONER BOB SOLARI - NONE 25
14.E. COMMISSIONER TIM ZORC - NONE 25
15. SPECIAL DISTRICTS AND BOARDS 25
15.A. EMERGENCY SERVICES DISTRICT - NONE 25
March 4, 2014 4
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 25
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 26
16. ADJOURNMENT 26
March 4, 2014 5
JEFFREY R. SMITH
Clerk to the Board
March 4, 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 4, 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
Reverend Steve Jones, Vero Christian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Davis led the Pledge of Allegiance to the Flag.
March 4, 2014 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following change to the Agenda:
Add: Emergency Item 11.A. County Administrator Matters: House Bill 301 Regarding
Office of Medical Examiner
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 AND CAMPAIGN UPDATE BY MICHAEL KINT, CEO,
UNITED WAY OF INDIAN RIVER COUNTY
Michael Kint, CEO, United Way of Indian River County, disclosed the value of the
donations made by County personnel, and thanked everyone for their support. He disclosed that
further information about United Way or volunteering opportunities is available at 567-8900.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7. A. FLORIDA PUBLIC SERVICE COMMISSION NOTICE OF
COMMERCIAL/INDUSTRIAL SERVICE RIDER HAS BEEN RECEIVED AND IS
AVAILABLE FOR REVIEW IN THE OFFICE OF THE CLERK TO THE BOARD
March 4, 2014 2
7.B. 2014 ELECTION OF PLANNING AND ZONING COMMISSION (P&Z)
CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the 2014 appointment to the Planning and Zoning Commission
of Sam Zimmerman as Chairman, and Todd Brognano as Vice Chairman.
8. CONSENT AGENDA
Althea McKenzie requested to pull item 8 L for discussion/comments.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Consent Agenda, as amended.
B.A. APPROVAL OF WARRANTS - FEBRUARY 8, 2014 TO FEBRUARY 13, 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 8,
2014 to February 13, 2014, as requested in the
memorandum of February 13, 2014.
B.B. APPROVAL OF WARRANTS - FEBRUARY 14, 2014 TO FEBRUARY2O, 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 14,
March 4, 2014 3
2014 to February 20, 2014, as requested in the
memorandum of February 20, 2014.
8.C. CHANGE ORDER No. 1 AND RELEASE OF RETAINAGE CR 512
RESURFACING (EAST BOUND) ROSELAND ROAD TO EASY STREET - IRC
PROJECTNo. 1132 FDOT SCOP Elf No. 427572-1-58-01
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: (1) Change Order No. 1 to Ranger Construction
Industries, Inc. decreasing the contract total to
$889,088.25; and (2) Ranger Construction Industries Inc.
Pay Application No. 5 in the amount of $44,454.41 for
release of retainage, as recommended in the memorandum
of January 16, 2014.
8.D. CHANGE ORDER No. 12, FINAL PAYMENT AND RELEASE OF RETAINAGE
SOUTH COUNTY REGIONAL PARK MULTI-PURPOSE FIELDS - IRC
PROJECT NO. 1126 BID No. 2013009
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: (1) Change Order No. 2 to Barth Construction
Inc., decreasing the contract total to $1,576,881.12; and
(2) Barth Construction, Inc. Pay Application No. 11 in the
amount of $130,488.83 for final payment and release of
retainage, as recommended in the memorandum of
February 7, 2014.
March 4, 2014 4
S.E. CLOSE-OUT AND FINAL PAYMENT OF WORK ORDER No. PCM -2 FOR
SEDIMENT REMOVAL AT PC MAIN SCREENING FACILITY
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the final (prorated) payment of Work Order No.
PCM -2 with EMC Divers, Inc., for $6,780.02, as
recommended in the memorandum of February 11, 2014.
8.F. CONSULTANT SELECTION FOR REQUEST FOR QUALIFICATIONS (RFO)
No. 2014016 - PROFESSIONAL ARCHITECTURAL/ENGINEERING (A/E)
SERVICES FOR INDIAN RIVER COUNTY GOLINE Bus TRANSFER HUB
FACILITY- IRC PROJECT No. 1330
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved the selection committee's final ranking: 1.
Schulke, Bittle and Stoddard, LLC, 2. Bacon Group, Inc.;
3. Edlund, Dritenbas, Binkley Architects and Associates,
PA; and 4. Masteller and Moler, Inc; and (2) authorized
negotiations in accordance with Florida Statutes 287.055
(FS 287.055), Consultant's Competitive Negotiation Act,
as recommended in the memorandum of February 21,
2014.
March 4, 2014 5
8.G. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR A REQUEST FOR
QUALIFICATIONS (RFQ) FOR HOUSING INSPECTION SERVICES
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
authorized the Community Development Director or his
designee to coordinate with the Purchasing Division to
make any formatting changes needed and to advertise for
the Housing Program Inspection Services Request for
Qualifications (RFQ), as recommended in the
memorandum of February 24, 2014.
8.H. APPROVAL OF STATE OF FLORIDA REQUEST TO CHANGE A WORD IN THE
FEDERALLY FUNDED 2013 COMMUNITY EMERGENCY RESPONSE TEAM
(CERT) SUB -GRANT # 14 -CI -K1 -10 -40 -02 -XXX
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously accepted
and approved: (1) the change in wording requested by the
State of Florida, Division of Emergency Management,
substituting the word "SHALL" for the word "MAY" in
Subsection 11 REMEDIES of the Federally Funded
Community Emergency Response Team (CERT) grant
contract that was approved by the Board of County
Commissioners on January 7, 2014; and (2) a new
signature page executed by the Chairman, as
recommended in the memorandum of February 11, 2014.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
March 4, 2014 6
S.I. FLORIDA INLAND NAVIGATION DISTRICT FY 2014 WATERWAYS
ASSISTANCE PROGRAMAUTHORIZING RESOLUTION FOR THE OSLO BOAT
RAMP IMPROVEMENTS
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2014-013, Attachment E-6,
Resolution for Assistance 2014 under the Florida Inland
Navigation District Waterways Assistance Program.
8.J. SERENOA HOMEOWNERS ASSOCIATION, INC. REQUEST FOR RELEASE AND
REPLACEMENT OF A CONSERVATION EASEMENT IN SERENOA
SUBDIVISION IN ACCORDANCE WITH A RECENTLY APPROVED
PRELIMINARY PLAT FOR SERENOA PHASES 2, 3, 4 AND 5
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved Resolution 2014-014, releasing Conservation
Easement Tract C-5 in Serenoa Phase I Subdivision; and
(2) accepted the proposed replacement conservation
easement, and authorized staff to have the replacement
easement and resolution recorded in the public records, as
recommended in the memorandum of February 24, 2014.
CONSERVATION EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
March 4, 2014 7
B.K. FACILITY LEASE AGREEMENT WITH GIFFORD YOUTH LITTLE LEAGUE,
INC.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Facility Lease Agreement with Gifford
Youth Little League, Inc., and authorized the Chairman to
execute all documents necessary to complete the
transaction, as recommended in the memorandum of
February 25, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.L. MISCELLANEOUS BUDGET AMENDMENT 007
Althea McKenzie wondered whether there was a Small County Outreach Program
(SCOP) grant or other funding available to add curbing and other improvements to the 45th Street
prod ect.
Director of Public Works Chris Mora, with input from Commissioners O'Bryan and
Davis, addressed Ms. McKenzie's question.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2014-015, amending the Fiscal Year
2013-2014 budget.
March 4, 2014 8
8.M. FOURTH OFJULY FIREWORKS FUNDING - MISCELLANEOUS BUDGET
AMENDMENT 008
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: (1) funding the fireworks displays for the Cities
of Sebastian and Vero Beach in the amount of $2,500
each; each of the cities (Vero Beach and Sebastian) will
appropriate and pay an equal amount up to $2,500 and the
County will match that amount, up to $2,500 each, after
the City of Vero Beach and Sebastian pay their share; and
(2) Resolution 2014-016, amending the Fiscal Year 2013-
2014 budget.
8.N. CONSULTANT SELECTION FOR REQUEST FOR QUALIFICATIONS (RFQ)
No. 2014020 FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING
(A/E) SERVICES FOR INDIAN RIVER COUNTY ARCHIE SMITH FISH HOUSE
RESTORATION
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously (1)
approved the selection committee's final ranking: 1.
ATELIER; 2. MBV Engineering, Inc.; 3. R L Reeger,
Architect/Roof Consultant; and (2) authorized negotiations
in accordance with Florida Statutes 287.055 (FS 287.055),
Consultant's Competitive Negotiation Act, as
recommended in the memorandum of February 21, 2014.
March 4, 2014 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF: FORFEITURE TRUST FUND
Sheriff Deryl Loar explained that the Florida Contraband Forfeiture Act (FS 932.7055)
requires the Sheriff's Office to return a certain percentage of seized monies to local non-profit
organizations. He thereafter requested that the Board approve the disbursement of $56,000 from
the Law Enforcement Trust Fund to purchase equipment and support the programs and agencies
listed in his letter to the Chairman dated February 24, 2014.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the allocation of $56,000 from the Law
Enforcement Trust Fund to purchase equipment and
support the following programs and agencies: 1. $30,000
to Executive Roundtable of Indian River County, Inc.; 2.
$2,000 to 2-1-1 Palm Beach/Treasure Coast Agency; 3.
$1,000 to Crime Stoppers of the Treasure Coast; 4.
$1,000 to A Child is Missing; 5. $13,000 to Mental Health
Collaborative; 6. $1,000 to annual Florida Missing
Children's Day ceremony; 7. $2,000 to Homeless Family
Center; 8. $1,500 to Safe Space; and (9) $4,500 to
Narcotics Overdose Prevention & Education Task Force,
Inc., as requested in the letter of February 24, 2014.
March 4, 2014 10
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. WINDSOR PROPERTIES REQUEST FOR ABANDONMENT OF A PORTION
OF SAVANNAH DRIVE WITHIN THE WINDSOR DEVELOPMENT
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Stan Boling used a PowerPoint presentation (copy on
file) to provide description and conditions on Windsor Properties' request for the County to
abandon a portion of ± 343 square feet of right-of-way for Savannah Drive within the Windsor
Development. He presented staffs recommendation for the Board to abandon its rights to the
subject right-of-way, and authorize the Chairman to execute the proposed abandonment
resolution.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
Resolution 2014-017, providing for the closing,
abandonment, vacation and discontinuance of 90' by 5'
343 sq. ft. sliver of Savannah Drive right-of-way that lies
adjacent to a portion of Lot 1 and Tract A of Block 62 in
the Windsor Plat 25 as shown in Plat Book 17, page 32 of
the public records of Indian River County, Florida.
March 4, 2014 11
1 O.A. 2. COUNTY INITIATED REQUEST TO REDESIGNATE ± 70 ACRES FROM C-2,
CONSERVATION -2 (UP TO 1 UNIT/40 ACRES), AND L-2, LOW-DENSITY
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C1, CONSERVATION -1 (ZERO
DENSITY), AND REZONE THOSE ± 70 ACRES FROM RS -6 SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS/ACRE), AND RS -1, SINGLE-
FAMILY RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY) (LEGISLATIVE AND QUASI-
JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
The Commissioners, as requested by the Chairman, disclosed that there had been no ex
parte communications, site visits, or independent investigations. They also affirmed that they
have an open mind and are able to base their decisions on the evidence presented and the
applicable law.
The County Attorney declared that Director Boling needed no swear -in to make his
presentation.
Community Development Director Stan Boling, used a PowerPoint presentation (copy on
file), to explain the County -initiated request to change the land use designation and zoning map
of a ±70 acre property, the Oslo Riverfront Conservation Area (ORCA) Diamond Tract, acquired
by the County in 2005. He stated that currently the land use designation is for residential and
restricted development, and the proposal is to confine use of that area to conservation and
passive recreational use. Director Boling reported that today is the final hearing and the last step
in the Comprehensive Plan Amendment process. He presented the recommendations of both the
March 4, 2014 12
Planning and Zoning Commission and staff for Board approval of the proposed future land use
amendment and rezoning by adopting the proposed Ordinances.
The Chairman opened the Public Hearing
Bob Johnson, Coral Wind Subdivision, inquired whether the proposed change would
interfere with the Oslo Boat Ramp improvements, and was advised that it would not.
Michael Weiss, 12th Place SE, voiced support for maintaining the conservation area and
noted that a pair of breeding bald eagles nests there.
Althea McKenzie, 2405 16th Ave., asked for clarification on the Comprehensive Plan
Amendment process. She also asked what the difference was between this item and the West
Gifford rezoning that was discussed at the February 18, 2014 County Commission meeting.
The Board, with input from Attorney Reingold, explained that the main difference was
that the applicant for a land use designation or zoning amendment must be the property owner.
There being no additional speakers, the Chairman closed the Public Hearing
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously adopted
Ordinance 2014-002, amending the Future Land Use
Map by changing the land use designation for
approximately ±70 acres located at the east end of Oslo
Road, south side from C-2, Conservation -2 (up to 1
unit/40 acres), and L-2, Low Density Residential -2 (up to
6 units/acre) to C-1, Conservation -1 (0 Density); and
providing codification, severability, and effective date.
March 4, 2014 13
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously adopted
Ordinance 2014-003, amending the Zoning Ordinance
and Zoning Map for approximately ±70 acres located at
the east end of Oslo Road south side, from RS -6, Single
Family Residential District (up to 6 units/acre) and RS -1,
Single Family Residential District (up to 1 unit/acre), to
Con -1, Conservation -1 District (0 units/acre); and
providing codification, severability, and effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM THOMAS L. GRUBER REGARDING HIGH
SPEED RAILROAD
Thomas L. Gruber, 221 Park Shores Circle, read a prepared statement (copy on file)
regarding the proposed Florida East Coast Industries' All Aboard Florida (AAF) high speed rail
project that will connect the cities of Miami and Orlando. He reported that the Federal Railroad
Administration (FRA) is generating a draft Environmental Impact Statement (EIS) on the AAF
project, in order to comply with the National Environmental Protection Act (NEPA), and that
Section 106 of the National Historic Preservation Act of 1966 (NHPA) will require an analysis
of possible impacts on historic resources. Mr. Gruber suggested that the Board review the final
EIS once it is posted online, and determine possible impacts and what mitigation strategies might
be necessary for the County, such as adequate noise buffering, sufficient fencing, and the
possibility of requesting a hornless system and a station stop on the Treasure Coast.
Vice Chairman Davis observed that the Metropolitan Planning Organization (MPO) is the
best forum to address the AAF project. He also suggested that input be sought from the City of
Vero Beach's High Speed Rail Advisory Committee.
March 4, 2014 14
Commissioner Zorc stated that he had provided staff a map of the thirty-two railroad
crossings for review and analysis of crossing conditions, to see what mitigations might need to
be made.
Commissioner Flescher noted that Rusty Roberts, Vice President of Corporate
Development for Florida East Coast Railway, had formerly addressed the MPO and would be
readdressing the agency in response to questions that had been raised at the meeting.
Chairman O'Bryan mentioned that he had heard that AAF might need to use a "sealed
corridor" to facilitate the high speeds needed, and that the requirements for doing that would
satisfy the noise mitigation. He thanked Mr. Gruber for sharing his knowledge and encouraged
his participation in the MPO meetings.
No Board Action Required or Taken
10.B.2. REQUEST TO SPEAK FROM GIFFORD ECONOMIC DEVELOPMENT
REGARDING FOLLOW-UP ON GIFFORD ISSUES
Reverend William Mosley, Acting Executive Director and Chairman of Gifford
Economic Development Council, Inc. (the Council), addressed the Board about economic
inequality and poverty, with a focus on the Gifford, Wabasso, and Oslo Road areas. He
requested that the Board help advance economic development by making the County's
communication with core communities more effective, and by holding tutorials about the
County's procurement policies, so residents know how to respond to the County's requests for
bids on services and projects.
A lengthy discussion followed. Main topics were the Black Minority Business Fund
loan, the procurement workshop that was sponsored by the Chamber of Commerce in February
2014; and the need for the County to disseminate information promptly, so residents can be
apprised of meetings or job opportunities.
March 4, 2014 15
Commissioner Solari stated that in addition to normal channels of communication, the
County would be happy to add Reverend Mosley to an email list if he would let them know his
specific areas of interest.
Reverend Mosley provided to the Board, an outline of the Council's requests to the
County (copy on file).
Chairman O'Bryan advised him that it would be best for the Board to receive the
questions before the Board meetings.
Wanda Scott, 4306 26th Avenue, Gifford Marketing Firm and Mosley Family Grocery
LLC, offered to act as a conduit to disseminate information to the community. She spoke about
the number of citizens who are living below the poverty level, and stressed that the
Gifford/Wabasso/Oslo areas are in a state of crisis. Ms. Scott advised that if the Board cannot
bring about the changes that are needed, the Black Lawyers Association for Justice would be
brought in.
No Board Action Taken or Required
The Chairman called a recess at 10:37 a.m., and reconvened the meeting at 10:50 a.m.,
with all members present.
10.C. PUBLIC NOTICE ITEMS -NONE
March 4, 2014 16
11. COUNTY ADMINISTRATOR MATTERS
ADDITION: EMERGENCY ITEM 11.A. HOUSE BILL 301 REGARDING OFFICE OF
MEDICAL EXAMINER
County Administrator Joseph Baird provided background on proposed House Bill 301,
which states that district medical examiners may not charge a fee for cremations. He disclosed
that the bill would create a $232,500 deficit in the medical examiner's budget, which would have
to be filled by the County, and asked the Board to oppose the bill.
Chairman O'Bryan confirmed that Administrator Baird also wanted to add this issue to
the County's list of legislative priorities.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved Resolution 2014-018, urging the Florida
Legislature to oppose and the Governor Rick Scott to veto
if necessary House Bill 301 concerning medical examiner
charges and fees; directing certified copies of this
resolution to be provided to various officials; and (2)
directed the County Attorney to instruct the County's
lobbyist, Ballard Partners, to add this issue to the County's
list of legislative priorities.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT- NONE
12.B. EMERGENCY SERVICES - NONE
March 4, 2014 17
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12.G. 1. MEDTRONIC PHYSIO CONTROL CARDIAC MONITORS MISCELLANEOUS
BUDGET AMENDMENT 009
Director of Management and Budget Jason Brown recalled the Board's direction on
February 18, 2014, for staff to return with a recommendation on the purchase of four Medtronic
Physio Control cardiac monitors/defibrillators. He relayed that the initial cost to replace four
devices was going to be $120,000; however, Emergency Services staff was able to utilize a
trade-in credit for five old machines, and procure five new monitors for $116,000. Director
Brown relayed that staff recommends the purchase of the monitors for the current fiscal year,
with the goal of replacing the remainder of the units over the next several years, as required.
Director of Emergency Services John King affirmed that staff is working on a
replacement schedule to address the department's needs
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: (1) Resolution 2014-019, amending the fiscal
year 2013-2014 budget; and (2) the purchase of five (5)
LP 15 Medtronic Physio Control cardiac monitors for the
Fire Rescue Division on a sole source basis and authorized
March 4, 2014 18
the trade-in of five (5) existing units, with Physio Control,
Inc., as recommended in the memorandum of February 24,
2014.
12.H. RECREATION -NONE
12.L PUBLIC WORKS
12.1.1 UPDATE - CANAL MONITORING DEVICES FOR NORTH, SOUTH, AND MAIN
RELIEF CANALS TO MEASURE NITROGEN/NUTRIENT LOADS ENTERING
INDIAN RIVER LAGOON KILROY SYSTEM
Director of Public Works Chris Mora, through a PowerPoint presentation, provided
background, description, and analysis on the Kilroy water monitoring system that was developed
by the Ocean Research and Conservation Association (ORCA) to monitor water quality. He
recalled that subsequent to the Board's approval in December 2012, ORCA had installed Kilroy
monitors to monitor the amount of flow and nitrogen discharged into the Indian River Lagoon
from the North, South, and Main Relief Canals. He revealed that the County had taken some
"grab water samples" and that an inconsistency had been discovered as far as the flow and the
dissolved nitrates between the Kilroy and the grab sample readings. Director Mora advised that
ORCA has advised that adjustments can be made to obtain good data in the future.
Warren Falls, Managing Director, introduced the ORCA representatives who were in
attendance: Edie Widder CEO; George Jones, Special Projects Director; and Robin
Dannahower, Vice President Marketing and Public Relations. Through a PowerPoint
presentation, he explained that the inconsistencies mentioned by Director Mora were mainly due
to silting, water clarity issues, and the bromide levels that were found in the canals. He
described how ORCA will be able to reconstruct the algorithm of the equipment and start post-
processing the data to bring the information back into line, and said ORCA will begin reporting
March 4, 2014 19
monthly to the County on the nitrogen load from each of the canals to the Lagoon. Mr. Falls
thereafter addressed the Board's questions.
No Board Action Required or Taken
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. DECLARATION OF FORMER COUNTY JAIL TOWER SITE AS SURPLUS
PROPERTY
Deputy County Attorney William DeBraal provided background and description on a
parcel of property located at 1725 17 h Avenue (the former County jail site) that has been leased
to two different entities, St. Francis Manor, and the Boys and Girls Club. He conveyed that the
portion of property containing a tower with cellular equipment was excluded from those leases,
and that although it was once used by the Emergency Services District (ESD) and other public
safety agencies, they have no further need of it, and maintenance has become expensive. He
added that there are existing easements that provide the lone tenant on the tower structure,
Verizon Wireless (f/k/a PrimeCo Personal Communications LP) with access to the site. After
providing further history and analysis, Attorney DeBraal asked whether the Board wished to
declare the former tower site surplus, and arrange for its sale.
Discussion ensued as the Board sought and received further information about available
access to the site, the revenue generated by the tower rental, whether minimum bids can be
required on surplus property, and the cost of maintenance and repair for the tower.
Vice Chairman Davis felt that it would be more beneficial for the County to enter into a
long-term lease for the site, rather than sell a piece of property encumbered by a County -owned
March 4, 2014 20
parcel. He suggested that the lease expiration be made consistent with that of the Boys and Girls
Club, which was approved on August 12, 2008.
Further discussion ensued regarding possible rental prospects, the condition of the tower,
and the County's current liability for same.
Administrator Baird stated that although there are currently some maintenance issues
with the tower, it has not yet fallen into such disrepair that the County could declare it unfit for
service and terminate the lease with Verizon.
Director of Emergency Services John King provided a history of the tower and concluded
that it has reached the end of its life. He encouraged the Board to lease the site until a decision is
made about the future of the site.
Vice Chairman Davis suggested that staff inform individuals who have had prior interest
in tower sites, about the availability of the site for lease, and extract the County from this
liability.
Attorney DeBraal pointed out that the lease must be put out for a public bid.
MOTION WAS MADE by Vice Chairman Davis
SECONDED by Commissioner Zorc, to issue a public bid
seeking a tenant to enter into a lease agreement with the
County for the tower site on the County's parcel at 1725
17th Avenue, with the lease term to expire in conjunction
with the 50 -year lease between the County and the Boys
and Girls Club.
March 4, 2014 21
(Clerk's Note: During discussion, it was stated that the Boys and Girls Club lease was
for thirty years; however, on August 12, 2008, Resolution 2008-113 was approved for a lease
term of fifty years).
Vice Chairman Davis added that the lease should be fashioned so as to remove the
County from the liability of the site.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
13.B. CITY OF VERO BEACH ELECTRIC UTILITY- AUTHORIZATION TO TRAVEL TO
TALLAHASSEE FOR LEGISLATIVE SESSION
County Attorney Dylan Reingold recalled the Board's direction on January 21, 2014
regarding Representative Debbie Mayfield's proposed local bill, House Bill 1289 (HB 1289)
concerning jurisdictional issues related to the City of Vero Beach (the City) Electric Utility. At
that meeting, the Board authorized the County Attorney to: (1) draft Resolution 2014-005
supporting said legislation; (2) draft a letter to Speaker of the House Will Weatherford requesting
a hearing and (3) work with the County's lobbyist consultant, Ballard Partners, on this issue.
Attorney Reingold relayed that Ballard Partners thinks that a hearing could be quickly scheduled
once House Bill 1289 is referred to a committee, and asked the Board to preauthorize travel so
the Commissioners and staff may travel to Tallahassee on short notice.
Attorney Reingold, responding to Commissioner Zorc's inquiry, stated that he would see
if Senator Negron has sponsored a companion Senate bill to HB 1289.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
authorized travel for Commissioners and staff to attend
any hearing that is scheduled by the chair of the referred
March 4, 2014 22
committee for House Bill 1289; and (2) approved for the
County Attorney to proceed with the distribution of
Resolution 2014-005 and the letter to Speaker Will
Weatherford (both approved January 21, 2014).
Attorney Reingold noted that the proposed letter to Speaker Weatherford was to request
that he hold hearings on HB 1289; however, Ballard Partners has advised that it will be more
important to reach out to the referred committee chair to promote the hearings.
Commissioner Zorc disclosed that the Florida Municipal Power Agency (FMPA) was
planning on going to Tallahassee to promote its views, and stressed the importance of County
representatives being there as well.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
13. C. RESOL UTIONELIMINATING RATE EQUALIZATION CHARGE IN NON -
UNINCORPORATED AREAS OF INDIAN RIVER COUNTY
Attorney Reingold recalled that on February 18, 2014, the Board had voted four to one
(Commissioner O'Bryan opposed), to eliminate the 6% equalization charge (surcharge) that was
imposed through Resolution 1995-16, when the County took over the water and sewer utility
system for the City of Sebastian (the City). He stated that he was returning today for the Board's
consideration of a proposed Resolution to overturn the original resolution decision, and eliminate
the charge effective October 1, 2014.
Discussion ensued, with input from County Administrator Baird and Management and
Budget Director Jason Brown about the history of the surcharge; the bond issue that was used to
help finance the utility services to Sebastian; and why the fee revenues were allocated to the
General Fund.
March 4, 2014 23
Commissioner Solari mentioned that the City charges its customers a 10% franchise fee
in addition to the County's surcharge.
A brief discussion followed, with input from County Administrator Baird, about the
franchise fees that the County is allowed to impose.
(Clerk's Note: The 6% equalization fee is not a franchise fee).
Commissioners Davis, Flescher, Solari and Zorc voiced support for the elimination of
the 6% surcharge on City residents. They felt the charge was no longer defensible and that it
poses an additional burden on the residents who must also pay the City's 10% franchise fee.
Chairman O'Bryan advocated maintaining the surcharge, in order to avoid creating a
situation where some customers pay less than others for water. He stressed that the City's fee is
a matter between the City and its customers, and that a lot of money is spent out of the General
Fund for Sebastian residents.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher for discussion, to
approve Resolution 2014-020, eliminating the rate
equalization charge of 6% for non -unincorporated area
customers established per Resolution 95-16; and
establishing an effective date for the elimination of the
rate equalization charge.
Further debate ensued among the Commissioners on whether the equalization fee was
still warranted and fair.
Chairman O'Bryan reiterated his support for maintaining the charge.
March 4, 2014 24
City of Fellsmere Manager Jason Nunemaker stated that utility taxes are an important
part of diversifying a municipality's revenue base. He observed that in the future there may be a
unified utilities system, and that the County might want to consider future franchise agreements
with various municipalities.
Reverend Mosley declared that the 6% fee should be preserved for fairness to all of the
County's utility rate payers.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman O'Bryan opposed), the Motion carried.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER BOB SOLARI - NONE
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
March 4, 2014 25
I 5.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 12:12 p.m.
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptrolyl
/1<,
n eputy Clerk
BCC/MG/2014Minutes
1
Peter D. O'Bryan, Chairman
Approved APR 0 8 2014
March 4, 2014 26