HomeMy WebLinkAbout04/08/2014 (3)BOARD OF COUNTY
COMMISSIONERS
MINUTES ATTACHED
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 8, 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
Jeffrey R. Smith, Clerk of Circuit Court and
Comptroller
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Month of April, 2014, as Child
Abuse and Neglect Awareness and Prevention Month
PAGE
1
B. Presentation of Enterprise Zone Annual Report by Helene Caseltine,
Economic Development Director, Indian River County Chamber of
Commerce, and Chris Russell, Oculina Bank, Chairman of the Enterprise
Zone Development Agency
April 8, 2014
Page 1 of 1
6.
APPROVAL OF MINUTES
A. Regular Meeting of March 4, 2014
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — March 21 2014 to March 27, 2014
(memorandum dated March 27, 2014)
PAGE
2-9
B. Authorization to Execute Public Surplus Seller Agreement and Agreement
for Payment Processing and Declaration of Excess Equipment Surplus for
Sale or Disposal
(memorandum dated March 31, 2014)
10-26
C. 43rd Avenue Advance Acquisition of Right -of -Way
(memorandum dated March 25, 2014) 27-40
D. Work Order No. 5 with Masteller & Moler, Inc., for repair/replacement,
Design -Engineering Services at the Blue Cypress Wastewater Treatment
Plant
(memorandum dated March 31, 2014)
41-47
E. Miscellaneous Budget Amendment 012 — All Aboard Florida Consultant
(memorandum dated April 2, 2014) 48 50
F. Approval of Bid Award for IRC Bid No. 2014029 Lagoon Greenway Phase
2B Construction
(memorandum dated March 31, 2014)
51-59
G. Partial Release of Retainage for Ecological Associates, Inc., Work Order No.
1, Sector 3 Beach Restoration — 2013 Post Construction Monitoring Services
(memorandum dated March 31, 2014)
60-64
H. Change Order No. 4 and Release of Retainage Old Dixie Highway Sidewalk
from 8th Street to SR60 — IRC Project No. 1102 Bid No. 2012052
(memorandum dated March 20, 2014)
65-83
I. Extension of Agreement between Indian River County (IRC) and AT&T
(memorandum dated March 26, 2014) 84-102
April 8, 2014 Page 2 of 2
8. CONSENT AGENDA PAGE
J. Florida Fish and Wildlife Conservation Commission (FWC) Grant
Agreement No. 13127, Indian River County Artificial Reef Construction FY
2013/2014
(memorandum dated March 27, 2014) 103-159
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
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 Charlie Wilson, Impact Fee Consultants,
Regarding Asking the Commission to Request School Board to
Show Cause Why they Should be Allowed to Continue to Collect
Impact Fees, Request an Opinion from the Florida Attorney
General, Review Affidavit to be signed by Chief Financial Officer
160
2. Request to Speak from Randy Heimler Regarding County
Cohesiveness 161
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings April 22, 2014:
(memorandum dated March 31, 2014) 162-163
a. Consideration of an Ordinance for Adopting the Proposed
New Non -Residential Impact Fee Schedules for the
Unincorporated Indian River County and Municipalities
(Legislative)
b. Consideration of Amendment of Land Development
Regulations (LDRs) Section 973.04, Section 973.06, and
County Code Section 403.08 for Nuisance Abatement
Special Assessment
(Legislative)
April 8, 2014 Page 3 of 3
11. COUNTY ADMINISTRATOR MATTERS PAGE
None
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Request for Authorization to Advertise for a Request for Proposals
(RFP) for an Economic Development Positioning Analysis and
Action Plan
(memorandum dated March 31, 2014)
164-211
B. Emergency Services
C.
None
General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
G.
H.
I.
None
Office of Management and Budget
None
Recreation
None
Public Works
1. Resolutions for Paving (Millings) Improvements and to set a Public
Hearing for 4th Place Petition Millings Project from 66th Avenue to
one block east of 63rd Avenue in the Pine Tree Park Subdivision,
Units 2 and 3 — IRC Project No. 1327
(memorandum dated March 18, 2014)
212-226
April 8, 2014 Page 4 of 4
12. DEPARTMENTAL MATTERS PAGE
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Sale of Easement to Cumberland Farms
(memorandum dated April 2, 2014) 227-245
B. Block Property Conveyance to the Indian River Land Trust
(memorandum dated March 28, 2014) 246-302
C. Code Enforcement Board Appointment
(memorandum dated April 1, 2014) 303
D. Resolution Concerning All Aboard Florida
(memorandum dated April 2, 2014) 304-307
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Brvan, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Joseph E Flescher
None
D, Commissioner Bob Solari
1. Hearing Assistance at BCC Meetings
(memorandum dated April 2, 2014) 308-309
E Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
April 8, 2014 Page 5 of 5
15. SPECIAL DISTRICTS AND BOARDS
B. Solid Waste Disposal District
1. Approval of Minutes — Meeting of February 11, 2014
2. Approval of Minutes — Meeting of February 18, 2014
3. Work Order No. 1 to Kessler Consulting, Inc., for Solid Waste
Procurement Services
(memorandum dated March 29, 2014)
PAGE
310-318
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.
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.
April 8, 2014
Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
APRIL 8, 2014
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 1
ADD: EMERGENCY ITEM 12.I.2. ALL ABOARD FLORIDA (AAF) PASSENGER
RAIL PROPOSAL ENVIRONMENTAL IMPACT STATEMENT (EIS) REVIEW 2
ADD: EMERGENCY ITEM 14.D.2 REQUEST TO DELAY STATE FUNDING FOR THE
ALL ABOARD FLORIDA (AAF) PROJECT 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL 2014
AS CHILD ABUSE AND NEGLECT AWARENESS AND PREVENTION MONTH 2
5.B. PRESENTATION OF ENTERPRISE ZONE ANNUAL REPORT BY HELENE CASELTINE,
ECONOMIC DEVELOPMENT DIRECTOR, INDIAN RIVER COUNTY CHAMBER OF
COMMERCE, AND CHRIS RUSSELL, OCULINA BANK, CHAIRMAN OF THE
ENTERPRISE ZONE DEVELOPMENT AGENCY 2
April 8, 2014 1
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF MARCH 4, 2014 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS - MARCH 21, 2014 TO MARCH 27, 2014 4
8.B. AUTHORIZATION TO EXECUTE PUBLIC SURPLUS SELLER AGREEMENT AND
AGREEMENT FOR PAYMENT PROCESSING (FOR ONLINE AUCTIONS) AND
DECLARATION OF EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 4
8.C. 43RD AVENUE ADVANCE ACQUISITION OF RIGHT-OF-WAY 5
8.D. WORK ORDER NO. 5 WITH MASTELLER & MOLER, INC., FOR
REPAIR/REPLACEMENT, DESIGN -ENGINEERING SERVICES AT THE BLUE
CYPRESS WASTEWATER TREATMENT PLANT 5
8.E. MISCELLANEOUS BUDGET AMENDMENT 012 - ALL ABOARD FLORIDA
CONSULTANT 6
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2014029 LAGOON GREENWAY
PHASE 2B CONSTRUCTION 6
8.G. PARTIAL RELEASE OF RETAINAGE FOR ECOLOGICAL ASSOCIATES, INC., WORK
ORDER NO. 1, SECTOR 3 BEACH RESTORATION - 2013 POST CONSTRUCTION
MONITORING SERVICES 7
8.11. CHANGE ORDER No. 4 AND RELEASE OF RETAINAGE OLD DIXIE HIGHWAY
SIDEWALK FROM 8TH STREET TO SR60 - IRC PROJECT NO. 1102 BID No.
2012052 7
8.1. EXTENSION OF AGREEMENT BETWEEN INDIAN RIVER COUNTY (IRC) AND
AT&T 7
8.J. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC) GRANT
AGREEMENT NO. 13127, INDIAN RIVER COUNTY ARTIFICIAL REEF
CONSTRUCTION FY 2013-2014 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 8
April 8, 2014 2
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARINGS - NONE 8
10.B. PUBLIC DISCUSSION ITEMS 9
10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON, IMPACT FEE CONSULTANTS,
REGARDING ASKING THE COMMISSION TO REQUEST SCHOOL BOARD TO SHOW
CAUSE WHY THEY SHOULD BE ALLOWED TO CONTINUE TO COLLECT IMPACT
FEES, REQUEST AN OPINION FROM THE FLORIDA ATTORNEY GENERAL, REVIEW
AFFIDAVIT TO BE SIGNED BY CHIEF FINANCIAL OFFICER 9
10.B.2. REQUEST TO SPEAK FROM RANDY HEIMLER REGARDING COUNTY
COHESIVENESS 10
10.B.3. ADDITION - EMERGENCY ITEM: REQUEST TO SPEAK FROM PATRICIA HUNT
REGARDING PUBLIC RECORDS ACCESS 10
10.C. PUBLIC NOTICE ITEMS 10
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS APRIL 22, 2014: 10
A. CONSIDERATION OF AN ORDINANCE FOR ADOPTING THE PROPOSED NEW
NON-RESIDENTIAL IMPACT FEE SCHEDULES FOR THE UNINCORPORATED
INDIAN RIVER COUNTY AND MUNICIPALITIES (LEGISLATIVE) 10
B. CONSIDERATION OF AMENDMENT OF LAND DEVELOPMENT REGULATIONS
(LDRs) SECTION 973.04, SECTION 973.06, AND COUNTY CODE SECTION 403.08
FOR NUISANCE ABATEMENT SPECIAL ASSESSMENT (LEGISLATIVE) 11
11. COUNTY ADMINISTRATOR MATTERS- NONE 11
12. DEPARTMENTAL MATTERS 11
12.A. COMMUNITY DEVELOPMENT 11
12.A.1. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR A REQUEST FOR PROPOSALS
(RFP) FOR AN ECONOMIC DEVELOPMENT POSITIONING ANALYSIS AND ACTION
PLAN 11
12.B. EMERGENCY SERVICES - NONE 13
12.C. GENERAL SERVICES - NONE 13
12.D. HUMAN RESOURCES - NONE 14
12 E HUMAN SERVICES - NONE 14
12.F. LEISURE SERVICES - NONE 14
12.G. OFFICE OF MANAGEMENT AND BUDGET- NONE 14
April 8, 2014 3
12.11. RECREATION - NONE 14
12.I. PUBLIC WORKS 14
12.I.1 RESOLUTIONS FOR PAVING (MILLINGS) IMPROVEMENTS AND TO SET A PUBLIC
HEARING FOR 4TH PLACE PETITION MILLINGS PROJECT FROM 66TH AVENUE TO
ONE BLOCK EAST OF 63RD AVENUE IN THE PINE TREE PARK SUBDIVISION,
UNITS 2 AND 3 - IRC PROJECT No 1327 14
12.I.2. ADDITION - EMERGENCY ITEM: ALL ABOARD FLORIDA (AAF) PASSENGER
RAIL PROPOSAL ENVIRONMENTAL IMPACT STATEMENT (EIS) REVIEW 16
12.J. UTILITIES SERVICES - NONE 17
13. COUNTY ATTORNEY MATTERS 17
13.A. SALE OF EASEMENT TO CUMBERLAND FARMS 17
13.B. BLOCK PROPERTY CONVEYANCE TO THE INDIAN RIVER LAND TRUST 18
13.C. CODE ENFORCEMENT BOARD APPOINTMENT 19
13.D. RESOLUTION CONCERNING ALL ABOARD FLORIDA (AAF) 20
14. COMMISSIONER ITEMS 21
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 21
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN -NONE 21
14.C. COMMISSIONER JOSEPH E FLESCHER- NONE 22
14.D. COMMISSIONER BOB SOLARI 22
14.D.1. HEARING ASSISTANCE AT BCC MEETINGS 22
14.D.2. ADDITION - EMERGENCY ITEM: REQUEST TO DELAY STATE FUNDING FOR THE
ALL ABOARD FLORIDA (AAF) PROJECT 22
14 E COMMISSIONER TIM ZORC - NONE 23
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15.B. SOLID WASTE DISPOSAL DISTRICT 24
15.B.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 11, 2014 24
15.B.2. APPROVAL OF MINUTES MEETING OF FEBRUARY 18, 2014 24
15.B.3. WORK ORDER NO. 1 TO KESSLER CONSULTING, INC., FOR SOLID WASTE
PROCUREMENT SERVICES 24
April 8, 2014 4
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 24
16. ADJOURNMENT 24
April 8, 2014 5
JEFFREY R. SMITH
Clerk to the Board
April 8, 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, April 8, 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
Jeffrey R. Smith, Clerk of Circuit Court and Comptroller, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Attorney Reingold led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
April 8, 2014 1
Chairman O'Bryan requested the following changes to the Agenda:
Add: Emergency Item 12.I.2. All Aboard Florida (AAF) Passenger Rail Proposal
Environmental Impact Statement (EIS) Review
Add: Emergency Item 14.112. Request to Delay State Funding for the All Aboard
Florida (AAF) Proiect
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL
2014 AS CHILD ABUSE AND NEGLECT AWARENESS AND PREVENTION
MONTH
Commissioner Flescher read and presented the Proclamation to Beth Dingee, Healthy
Families; Jacque Warrior and Claudia Jimenez, Co -Chairs of Connected 4 Kids; Kelly Williams,
Executive Director Whole Child; and Kathleen Cain, Executive Director of Healthy Start.
S.B. PRESENTATION OF ENTERPRISE ZONE ANNUAL REPORT BYHELENE
CASELTINE, ECONOMIC DEVELOPMENT DIRECTOR, INDIAN RIVER
COUNTY CHAMBER OF COMMERCE, AND CHRIS RUSSELL, OCULINA BANK,
CHAIRMAN OF THE ENTERPRISE ZONE DEVELOPMENT AGENCY
Helene Caseltine, Economic Development Director, Indian River Chamber of
Commerce reported that Mr. Russell was unable to attend today's meeting. She gave a
PowerPoint presentation (copy on file) on the history, goals, and accomplishments of the
April 8, 2014 2
Enterprise Zone Development Agency, and responded to questions and comments from the
Board.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MARCH 4, 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 March 4, 2014 meeting, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Vice Chairman Davis requested to pull Items 8 B and 8.C. from the Consent Agenda for
discussion.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Consent Agenda, as amended.
At this time, Pat Hunt, PO Box 442, Roseland Florida, requested that the Board allow
her to speak about public records access.
April 8, 2014 3
It was the Board's CONSENSUS to add Ms. Hunt's item under Item 10.B. 3.
8.A. APPROVAL OF WARRANTS - MARCH 21, 2014 TO MARCH 27, 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 March 21,
2014 to March 27, 2014, as requested in the memorandum
of March 27, 2014.
8.B. AUTHORIZATION TO EXECUTE PUBLIC SURPLUS SELLER AGREEMENT AND
AGREEMENT FOR PAYMENT PROCESSING (FOR ONLINE AUCTIONS) AND
DECLARATION OF EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
Vice Chairman Davis voiced concerns pertaining to staffs recommendation to begin
disposing of surplus goods and other property and assets online.
A brief discussion ensued regarding past auctions, and some of the challenges posed in
disposing of surplus equipment
Commissioner Solari suggested deferring this matter to allow time for the Vice Chairman
to have his concerns addressed by the County Administrator.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Solari, to TABLE this
matter for one week.
Staff discussed the advantages of utilizing the online auctions.
April 8, 2014 4
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
8.C. 43RD AVENUE ADVANCE ACQUISITION OF RIGHT-OF-WAY
Vice Chairman Davis disclosed a conflict of interest on this item and advised that he
would abstain from voting.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Davis abstained), the Board approved and authorized the
Chairman to execute the residential contract for sale and
purchase between Barbara E Mathis Habora and Indian
River County for the purchase of the Habora parcel for
$230,000, as requested in the memorandum of March 25,
2014.
FORM 8B MEMORANDUM OF VOTING CONFLICT IS ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. WORK ORDER No. 5 WITH MASTELLER & MOLER, INC., FOR
REPAIR/REPLACEMENT, DESIGN -ENGINEERING SERVICES AT THE BLUE
CYPRESS WASTEWATER TREATMENT PLANT
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Work Order No. 5 with Masteller & Moler, Inc.,
in the amount of $17,212.50 for professional services
which includes evaluation and proposal for solutions for
the tanks at the Blue Cypress Lake Wastewater Treatment
April 8, 2014 5
plant, as requested in the memorandum of March 31,
2014.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. MISCELLANEOUS BUDGET AMENDMENT 012 -ALL ABOARD FLORIDA
CONSULTANT
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Resolution 2014-029, amending the Fiscal Year
2013-2014 budget.
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2014029 LAGOON
GREENWAY PHASE 2B CONSTRUCTION
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved the bid award to Bayshore Construction, Inc. of
Sarasota as the lowest most responsive and responsible
bidder meeting the specifications as set forth in the
Invitation to Bid; and (2) approved the sample agreement
and authorized the Chairman to execute it after it has been
approved by the County Attorney as to form and legal
sufficiency, and after receipt and approval of the required
certificate of insurance and Public Construction Bond, as
recommended in the memorandum of March 31, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
April 8, 2014 6
8.G. PARTIAL RELEASE OF RETAINAGE FOR ECOLOGICAL ASSOCIATES, INC.,
WORK ORDER No. 1, SECTOR 3 BEACH RESTORATION- 2013 POST
CONSTRUCTION MONITORING SERVICES
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the partial release of retainage for Work Order
No. 1 with Ecological Associates, Inc. (EAI), in the
amount of $24,196.24, as recommended in the
memorandum of March 31, 2014.
8.H. CHANGE ORDER No. 4 AND RELEASE OF RETAINAGE OLD DIXIE HIGHWAY
SIDEWALK FROM 8TH STREET TO SR60 - IRC PROJECT NO. 1102 BID No.
2012052
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
approved Change Order No. 4 and payment of Timothy
Rose Contracting, Inc. Pay Application No. 9 (Final) for
final payment and release of retainage in the amount of
$43,764.66 with justified time due to additional work
requested by the County added to the contract, as
recommended in the memorandum of March 20, 2014.
B.I. EXTENSION OF AGREEMENT BETWEEN INDIAN RIVER COUNTY (IRC) AND
AT&T
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
April 8, 2014 7
approved the contract extensions for 911 Services;
Centrex Services Sebastian, and Centrex PRI Services
Vero Beach, to keep the price structure for these AT&T
services from increasing, as recommended in the
memorandum of March 26, 2014.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (FWC)
GRANT AGREEMENT No. 13127, INDIAN RIVER COUNTY ARTIFICIAL REEF
CONSTRUCTION FY 2013-2014
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Florida Fish and Wildlife (FWC) Grant
Agreement No. 13127, and authorized the Chairman to
execute two (2) copies of the Agreement on behalf of the
County, as recommended in the memorandum of March
27, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS - NONE
April 8, 2014 8
10. B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON, IMPACT FEE
CONSULTANTS, REGARDING ASKING THE COMMISSION TO REQUEST
SCHOOL BOARD TO SHOW CAUSE WHY THEY SHOULD BE ALLOWED TO
CONTINUE TO COLLECT IMPACT FEES, REQUEST AN OPINION FROM THE
FLORIDA ATTORNEY GENERAL, REVIEW AFFIDAVIT TO BE SIGNED BY
CHIEF FINANCIAL OFFICER
Charlie Wilson, Impact Fee Consultants, PO Box 651114, discussed his concerns about
the School District's expenditure of the Public Education Facilities Impact Fees ("Education
Impact Fees"). He requested that the Board: (1) research the legal requirements associated with
the Education Impact Fees; and (2) require a full accounting from the Indian River County
School Board showing its expenditures and providing justification for continuing to collect and
use the Education Impact Fees
A lengthy discussion followed between the Commissioners, staff, and Mr. Wilson with
regards to the Education Impact Fees, and the proper use of said funds by the School Board.
County Administrator Baird explained that Tindale -Oliver, Inc. would be returning with a
report on the Education Impact Fees, after getting input from the School Board.
After further discussion, the Board asked: (1) the County Attorney to research the 2005
Interlocal Agreement between the County and the School Board for Public Education Facilities
Impact Fees to explore the County's legal obligations in regards to the Education Impact Fees;
and (2) staff to return with a report on the School Board's collections and expenditures.
Althea McKenzie voiced support for Mr. Wilson's request for transparency by the
School Board
April 8, 2014 9
10.B.2. REQUEST TO SPEAK FROM RANDY HEIMLER REGARDING COUNTY
COHESIVENESS
Randy Heimler, 2620 Little Eagle Lane SW, advocated that the community come
together to create a strong school system, and that the School District retain the impact fees as
their sole revenue source.
No Board Action was Required or Taken
The Chairman called a recess at 10:34 a.m. and reconvened the meeting at 10:46 a.m.,
with all members present.
10.B.3. ADDITION- EMERGENCY ITEM: REQUEST TO SPEAK FROM PATRICIA
HUNT REGARDING PUBLIC RECORDS ACCESS
Patricia Hunt recounted difficulties she had experienced at the County Courthouse, and
asked the Commissioners for help in gaining access to her court records.
Chairman O'Bryan relayed that the Clerk of the Circuit Court and Comptroller has
assured him that Ms. Hunt will have full access to her court records.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS APRIL 22, 2014:
A. CONSIDERATION OF AN ORDINANCE FOR ADOPTING THE PROPOSED
NEW NON-RESIDENTIAL IMPACT FEE SCHEDULES FOR THE
April 8, 2014 10
UNINCORPORATED INDIAN RIVER COUNTY AND MUNICIPALITIES
(LEGISLATIVE)
B. CONSIDERATION OF AMENDMENT OF LAND DEVELOPMENT
REGULATIONS (LDRs) SECTION 973.04, SECTION 973.06, AND COUNTY
CODE SECTION 403.08 FOR NUISANCE ABATEMENT SPECIAL ASSESSMENT
(LEGISLATIVE)
County Attorney Dylan Reingold read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS- NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR A REQUEST FOR
PROPOSALS (RFP) FOR AN ECONOMIC DEVELOPMENT POSITIONING
ANALYSIS AND ACTION PLAN
Community Development Director Stan Boling recalled the Board's approval on
November 12, 2013, to proceed with a Request for Proposals (RFP) for an Economic
Development Positioning Analysis and Action Plan. He used a PowerPoint Presentation (copy
on file) to give an overview of the RFP, including its scope of activities and the timeline for
responses (30 days); contract approval (June 2014); and estimated project completion (May
2015). He thereafter relayed the recommendations of the Economic Development Council
(EDC) and staff for the Board to authorize staff to advertise the RFP
April 8, 2014 11
Helene Caseltine, Economic Development Director, Indian River County Chamber of
Commerce, discussed the importance of the proposed plan as a tool for the County's economic
development.
During discussion, the Board and staff agreed to add western and south Melbourne as one
of the regions in the "Competitive Positioning Assessment" under the Scope of Activities.
Chairman O'Bryan requested that a change be made to the consultant selection
committee that will be appointed by the County Administrator. He asked to eliminate the
Sebastian River Area Chamber of Commerce member and replace it with a Member -At -Large
who is not a member of the EDC.
MOTION WAS MADE by Vice Chairman Davis
SECONDED by Commissioner Zorc, to authorize County
staff to advertise the Request For Proposals (RFP) for an
Economic Development Positioning Analysis and Action
Plan adding the region of south/western Brevard County
to the benchmark comparisons; and changing the
consultant selection committee by replacing the Sebastian
River Area Chamber of Commerce member who is not a
member of the Economic Development Council (EDC),
with one Member -at -Large who is not a member of the
EDC.
Susan Mehiel noted that the potential impacts of All Aboard Florida's proposed high
speed rail project should be taken into consideration in upcoming economic development studies.
Commissioner Zorc suggested increasing the points awarded for "Demonstrated
Understanding of the Project" from 25% to 30%, and decreasing the point percentages for
"Experience of the Project Team" from 30% to 25%.
April 8, 2014 12
MOTION WAS AMENDED by Vice Chairman Davis,
SECONDED by Commissioner Zorc, to increase the
evaluation point values from 25% to 30% for
"Demonstrated Understanding of the Project," and to
decrease the point values from 30% to 25% for
"Experience of the Project Team."
The Chairman confirmed with Ms. Caseltine and staff that the amendment is acceptable.
The Chairman CALLED THE QUESTION and the
Amended Motion carried unanimously. The Board* (1)
authorized County staff to advertise the Request For
Proposals (RFP) for an Economic Development
Positioning Analysis and Action Plan, adding the region
of south/western Brevard County to the benchmark
comparisons; and changing the composition of the
consultant selection committee by replacing the Sebastian
River Area Chamber of Commerce member who is not a
member of the Economic Development Council (EDC),
with a Member -at -Large who is not a member of the EDC;
and (2) increased the evaluation point values from 25% to
30% for "Demonstrated Understanding of the Project,"
and decreased the point values from 30% to 25% for
"Experience of the Project Team."
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
April 8, 2014 13
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.I. PUBLIC WORKS
12.1.1 RESOLUTIONS FOR PAVING (MILLINGS) IMPROVEMENTS AND TO SET A
PUBLIC HEARING FOR 4TH PLACE PETITION MILLINGS PROJECT FROM 66TH
AVENUE TO ONE BLOCK EAST OF 63RD AVENUE IN THE PINE TREE PARK
SUBDIVISION, UNITS 2 AND 3 - IRC PROJECT NO.132 7
Director of Public Works Chris Mora provided background on the petition millings
project proposed for 4th Place from 66th Avenue to one block east of 63rd Avenue advising that
75% of the subject property owners want the road segment paved. He disclosed that the
estimated project cost is $109,170.96, with the property owners paying 75% or $81,878.22 and
the County paying 25% or $27,292.74. Director Mora requested that the Board approve: (1) the
proposed Resolutions providing for the millings installation and setting the public hearing for
May 20, 2014 at 9:05 a.m., and (2) the allocation of $27,292.74 from the Road and Bridge
Petition Paving account.
Chairman O'Bryan relayed that the Commissioners had received an email from a resident
who was opposed to the project because the full cost of each assessment was not provided when
the petitions were circulated.
April 8, 2014 14
Director Mora advised that the complete cost information can now be provided to the
owners.
Following discussion, the Board asked staff to let the affected parties know what their
maximum costs will be for the project, and see whether or not a majority still wants the paving
done
Director Mora stated that staff would advise the residents what their maximum cost
would be and verify whether a majority are still in favor of the proposed paving project. He
noted that the proposed Resolutions would enable the project to proceed to a public hearing.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously: (1)
approved Resolution 2014-030, providing for certain
asphalt milling improvements to 4th Place from 66th
Avenue to one block east of 63r1 Avenue, in Pine Tree
Park Subdivision, Units 2 and 3, providing the total
estimated cost, method of payment of assessments,
number of annual installments, and legal description of the
area specifically benefited; (2) approved Resolution 2014-
031, setting a time and place at which the owners of
property on 4th Place from 66th Avenue to one block east
of 63rd Avenue, in the Pine Tree Park Subdivision, Units 2
and 3, County Project No. 1327 and other interested
persons may appear before the Board of County
Commissioners and be heard as to the propriety and
advisability of making asphalt milling improvements to
said property as to the cost thereof, as to the manner of
payment therefor, and as to the amount thereof to be
specifically assessed against each property benefited
April 8, 2014 15
thereby; (3) allocated $27,292.74 from the Road and
Bridge Petition Paving Account No. 10921441-035510-
14008, 4th Place/Pine Tree Park (66th Avenue to one block
east of 63rd Avenue); and (4) directed staff to send a letter
containing the maximum project cost to be specifically
assessed against each property benefited, and verifying
that two-thirds of the property owners still want to proceed
with the petition paving project.
1212. ADDITION - EMERGENCY ITEM: ALL ABOARD FLORIDA (AAF)
PASSENGER RAIL PROPOSAL ENVIRONMENTAL IMPACT STATEMENT (EIS)
REVIEW
Director of Public Works Chris Mora explained that the County will need help reviewing
All Aboard Florida's (AAF) upcoming Environmental Impact Statement (EIS), due to its size
and the limited open comment period. He requested that the Board authorize staff to issue and
execute on the Board's behalf, a work order to CDM Smith for a not -to -exceed amount of
$23,542 under the County's existing continuing services agreement with the engineering firm.
During discussion, it was noted that CDM Smith would be evaluating the EIS to see what
the potential impacts might be to all of the region's railway crossings (excluding FDOT's),
including those in the municipalities.
The Board requested that staff inform the relevant cities, as well as Martin and St Lucie
Counties that the EIS review will be taking place.
Commissioner Zorc requested that some type of electronic link to the EIS be provided on
the County's website.
April 8, 2014 16
Susan Mehiel provided to the Board an engineering field report (copy on file) by Frank
Frey, Federal Rail Administration (FRA), containing safety recommendations advocating that
$47 million in improvements be done in conjunction with the AAF Project. She urged the Board
to demand that the regulatory agencies require AAF to implement and pay for the safety features.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
issuance of a work order to CDM Smith to review All
Aboard Florida's (AAF) Environmental Impact Statement
(EIS) under CDM Smith's existing continuing service
agreement with the County, and authorized staff to
execute the work order on behalf of the Board.
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. SALE OF EASEMENT TO CUMBERLAND FARMS
Deputy County Attorney Bill DeBraal explained the request of Cumberland Farms, Inc.,
to acquire a 757 -square foot strip of County -owned right-of-way to construct a sidewalk and
facilitate deliveries at the convenience store that is being constructed at Oslo Road and 27th
Avenue. He relayed staff's recommendation for the Board to approve the sale of the site to
Cumberland Farms, Inc for the price of $25,000.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Vice Chairman Davis initiated a brief discussion on the possibility of Cumberland Farms
doing a property swap with the County in exchange for impact fee credits.
April 8, 2014 17
Attorney Bruce Barkett, representing Cumberland Farms, stressed that the company
was focused on moving forward with its project.
Further discussion ensued on this matter, after which Attorney DeBraal noted that if
Cumberland Farms requests some type of property exchange, staff will explore it further.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
Purchase and Sale Agreement for the County's easement
to Cumberland Farms, Inc., at the purchase price of
$25,000, and authorized the Chairman to execute the
Agreement and Easement on behalf of the Board, as
recommended in the memorandum of April 2, 2014.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. BLOCK PROPERTY CONVEYANCE TO THE INDIAN RIVER LAND TRUST
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved Resolution 2014-032, finding that the sale of the
Block property is in the best interests of the citizens of
Indian River County, Florida; (2) approved the Perpetual
Conservation Easement between the County and the St.
Johns River Water Management District; (3) approved the
Quit Claim Deed from St. Johns River Management
District to Indian River County; (4) approved the County
deed to the Indian River Land Trust; Inc., and (5)
authorized the Chairman to execute these and any other
documents necessary to complete the conveyances.
April 8, 2014 18
Ken Grudens, Executive Director of the Indian River Land Trust, conveyed that the
subject property will become part of the Toni Robinson Waterfront Trail System.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.C. CODE ENFORCEMENT BOARD APPOINTMENT
County Attorney Dylan Reingold announced that there was only one qualified applicant,
David Myers II, for the vacancy on the Code Enforcement Board
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman O'Bryan, to appoint David
Myers II to fill the unexpired term for the Member -At -
Large vacancy on the Code Enforcement Board.
Discussion ensued during which it was clarified that the Board had reviewed the
applicant's resumes, and that the appointment decision is not made by the County Attorney.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Commissioner O'Bryan, to approve
appointment of the sole qualified applicant on file David
Myers II, to fill the unexpired term for the Member -At -
Large vacancy on the Code Enforcement Board,
acknowledging that both the Board and County Attorney
have reviewed the applicant's background, that the Board
makes the decision on the appointment, and that the
applicant selected was the only qualified applicant.
April 8, 2014 19
The Chairman CALLED THE QUESTION and the
Amended Motion carried unanimously
13.D. RESOLUTION CONCERNING ALL ABOARD FLORIDA (AAF)
County Attorney Dylan Reingold recalled the Board's direction on April 1, 2014 for staff
to draft a Resolution to ask all donor governmental agencies to require All Aboard Florida
(AAF) to pay for the full cost of its high speed railway project; and to request that any financial
assistance given to AAF is proffered at no less than market rates. He advised the Board that
copies of the Resolution will be mailed to the Federal Railroad Administration (FRA); the State
of Florida; the Orlando -Orange County Expressway Authority; the Greater Orlando Aviation
Authority, and all other applicable authorities.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis to approve
Resolution 2014-033 urging all potential donor agencies
to require All Aboard Florida to pay for all costs of All
Aboard Florida and that any governmental assistance
shall be provided at no less than market rates; and
directing certified copies of this resolution to be provided
to any applicable donor agencies.
Commissioner Zorc suggested amending the wording in the fourth WHEREAS clause
which infers that AAF is the sole beneficiary of the $215 million in State funding for a rail
station at the Orlando International Airport.
Commissioner Solari suggested changing the wording to indicate that the $215 million
will "benefit" rather than "serve" All Aboard Florida.
April 8, 2014 20
Commissioner Zorc led a brief discussion regarding the County's expenses for railway
crossing upgrades and repairs, and the interlocal crossing agreements between the County and
the Florida East Coast Railway, LLC
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approve
Resolution 2014-033, amended to change the fourth
paragraph beginning "...WHEREAS it is also now
understood that the State of Florida is proposing to spend
$215 million for a new rail station at the Orlando
International Airport to serve which will benefit All
Aboard Florida...", urging all potential donor agencies to
require All Aboard Florida to pay for all costs of All
Aboard Florida and that any governmental assistance
shall be provided at no less than market rates; and
directing certified copies of this resolution to be provided
to any applicable donor agencies.
Chairman O'Bryan, although supporting the Resolution, outlined his objections to the
stipulation for no loans to be given to AAF at less than market rate.
A brief discussion/debate ensued regarding the loan conditions outlined in the Resolution.
The Chairman CALLED THE QUESTION and the
Amended Motion carried unanimously.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
April 8, 2014 21
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER BOB SOLARI
14.111. HEARING ASSISTANCE AT BCC MEETINGS
Commissioner Solari stated that he originally was going to request that hearing assistive
devices be made available to the public, but he has learned that they are already available for use
in the County Commission Chambers. He suggested that a statement be added at the end of the
Board's agenda, indicating that anyone who needs special accommodation with a hearing aid
may contact the County Commission Office at 772-226-1490 at least 24 hours in advance of a
County Commission meeting.
It was the Board's CONSENSUS to direct staff to add a
statement at the end of the Board of County Commission
agenda informing the public that anyone who needs
special accommodation with a hearing aid may contact the
Board of County Commission Office at 772-226-1490 at
least 24 hours in advance of the meeting.
14.D.2. ADDITION- EMERGENCY ITEM: REQUEST TO DELAY STATE FUNDING
FOR THE ALL ABOARD FLORIDA (AAF) PROJECT
Commissioner Solari presented his request to send a letter to Senator Joe Negron asking
that the State extract funding from this year's budget for the quiet zones and Orlando Transit
Station proposed for the All Aboard Florida (AAF) Project. He stressed that any governmental
funding should be delayed until more information is known about the potential impacts of AAF.
April 8, 2014 22
Chairman O'Bryan mentioned Senator Negron's role in acquiring funding for the Lake
Okeechobee and Indian River Lagoon issues, and explained why he did not want to put him in
the position of asking the Governor to withdraw State funding for the railway station.
Commissioner Solari stated that he would remove from his letter any proposed references
to the Orlando terminal, and leave in the request to remove funding for the quiet zones from this
year's budget.
Commissioner Flescher advised that Congressman Bill Posey is also seeking input on this
matter.
Commissioner Solari suggested sending a separate letter and a copy of Resolution 2014-
033 to Congressman Posey and to Congressman Patrick Murphy.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously
authorized Commissioner Solari to: (1) send a letter to
Senator Joe Negron omitting any reference to the
proposed Orlando Transit Station, and requesting that
State funding for the quiet zone improvements associated
with the All Aboard Florida Project be stricken from this
year's budget; and (2) send a separate letter to
Congressmen Bill Posey and Patrick Murphy more
appropriate to the federal level requesting the removal of
federal funding for the All Aboard Florida Project from
this year's budget, as requested in the memorandum of
April 7, 2014.
14.E. COMMISSIONER TIMZORC - NONE
April 8, 2014 23
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The regular Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 11, 2014
15.B.2. APPROVAL OF MINUTES MEETING OF FEBRUARY 18, 2014
15.B.3. Won ORDER No. 1 TO KESSLER CONSULTING, INC., FOR SOLID WASTE
PROCUREMENT SERVICES
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 12:12 p.m.
April 8, 2014 24
Jeffrey R. Smith, CPA, CGFO, CGM
Clerk of Circuit 1.urt and Comptro
B
Deputy Cle
BCC/MG/2014Minutes
April 8, 2014 25
Peter D O'Bryan, Chairm
Approved MAY 13 i U : i