COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A TUESDAY, JUNE 23, :00 A.M.

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1 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA C O M M I S S I O N A G E N D A TUESDAY, JUNE 23, :00 A.M. Commission Chambers Indian River County Administration Complex th Street, Building A Vero Beach, Florida, COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman District 1 Joseph A. Baird, County Administrator Bob Solari, Vice Chairman District 5 Dylan Reingold, County Attorney Joseph E. Flescher District 2 Jeffrey R. Smith, Clerk of the Circuit Peter D. O Bryan District 4 Court and Comptroller Tim Zorc District 3 1. CALL TO ORDER 9:00 A.M. PAGE 2. INVOCATION Pastor Michael Ashburn, Global Fire Vero Beach Church Freedom Center of Vero 3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation and Retirement Award Honoring Michael L. Alexander on His Retirement from Indian River County Board of County Commissioners Department of General Services/Parks Division With Thirty Years of Service 1-2 B. Presentation of Proclamation and Retirement Award Honoring Timothy Persky on His Retirement from Indian River County Board of County Commissioners Department of Emergency Services/Fire Rescue with Thirty- Three Years of Service 3-4 June 23, 2015 Page 1 of 6

2 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Life Saving Awards Department of Emergency Services (memorandum dated June 15, 2015) 5-22 D. Presentation of Proclamation Designating the Week of June 22, 2015, as Steve Fugate Love Life Walk Appreciation Week 23 E. Presentation by Curtis Paulisin, First Vice President, and Marty Zickert, Past President, on Behalf of the Veteran s Council of Indian River County on the Veteran s Outreach Program Golf Tournament Saturday, July 11, F. Presentation of Florida Blue Foundation Sapphire Award to the Florida Department of Health in Indian River County by Jason Altmire, Chairman, Florida Blue Foundation Board of Directors APPROVAL OF MINUTES A. Regular Meeting of June 2, 2015 B. Regular Meeting of June 9, INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Town of Indian River Shores, City of Vero Beach, and Indian River County Mediation May 1, 2015 Meeting Minutes CONSENT AGENDA A. Approval of Warrants June 4, 2015 to June 11, 2015 (memorandum dated June 11, 2015) B. Approval of Auditing Contract (memorandum dated June 8, 2015) C. Mediated Settlement: James Pasqualone (memorandum dated June 12, 2015) 76 D. Termination of Award Custodial Services for County Buildings Group 3 (memorandum dated June 16, 2015) E. Work Order No. 2 Release of Retainage Bridge Design Associates, Inc. for 66 th Avenue Bridge Replacements for 41 st Street, 45 th Street, 49 th Street, 33 rd Street and 37 th Street Bridges IRC Project 0545 (memorandum dated June 2, 2015) June 23, 2015 Page 2 of 6

3 8. CONSENT AGENDA PAGE F. Board of County Commissioners Travel Authorization for Soil & Water Conservation District Board Members for Association of Florida Conservation Districts (AFCD) Annual Meeting (memorandum dated June 15, 2015) G. Amendment No. 1 to Agreement with CDM Smith for All Aboard Florida (AAF) Work Order No. 10, Review of Environmental Planning Documents (memorandum dated June 8, 2015) H. Second Amendment to Elevated Water Tank Space License Agreement with Verizon (memorandum dated June 8, 2015) CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES A. Indian River County Sheriff, Deryl Loar Edward Byrne Memorial Justice Assistance Grant (JAG) Local Solicitation (letter dated June 9, 2015) PUBLIC ITEMS A. PUBLIC HEARINGS 1. Approval of Indian River County Public Housing Agency 5-Year and Annual Plan and Accompanying Resolution (memorandum dated June 12, 2015) Legislative B. PUBLIC DISCUSSION ITEMS 1. Request to Speak from Bob Webster Regarding All Aboard Florida Request to Speak from Keith D. Kite Regarding County s Legal Spending on All Aboard Florida 163 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None June 23, 2015 Page 3 of 6

4 12. DEPARTMENTAL MATTERS PAGE A. Community Development 1. Consideration of Request to Extend Mining Operation Timeframes Due to Inactivity During the Recent Economic and Development Downturn (memorandum dated June 3, 2015) B. Emergency Services None C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3. Recreation None D. Human Resources None E. Office of Management and Budget 1. Health Insurance Renewal FY 2015/16 and Recommended Plan Adjustments for FY 2015/16 and 2016/17 (memorandum dated June 11, 2015) Optional Sales Tax Extension Update (memorandum dated June 16, 2015) F. Public Works 1. Indian River County Intergenerational Recreation Facility (IG Building) at South County Regional Park Change Order No. 1 (memorandum dated June 11, 2015) G. Utilities Services None June 23, 2015 Page 4 of 6

5 13. COUNTY ATTORNEY MATTERS PAGE A. Request for Closed Attorney-Client Session Relating to Indian River County vs. Turner Construction Company et al. (Case No.: CA002999) (memorandum dated June 12, 2105) 200 B. Potential Lawsuit Challenging Florida Development Finance Corporation Approval of the Issuance of $1,750,000,000 of Tax Exempt Private Activity Bonds for All Aboard Florida (memorandum dated June 12, 2015) COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari, Vice Chairman None C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O Bryan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Minutes of Meeting of May 19, Minutes of Meeting of June 2, Approval of Property Lease for Temporary Location of Fire Station Number 7 (memorandum dated June 10, 2015) June 23, 2015 Page 5 of 6

6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 1. Minutes of Meeting of May 19, Minutes of Meeting of June 9, Final Pay for GeoSyntec Work Order No. 9, One Year Groundwater Monitoring and Reporting and FDEP Meeting Attendance (memorandum dated June 16, 2015) 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) at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at 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. June 23, 2015 Page 6 of 6

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228 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA REGULAR MEETING MINUTES TUESDAY, JUNE 2, 2015 Commission Chambers Indian River County Administration Complex th Street, Building A Vero Beach, Florida, COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman District 1 Present Joseph A. Baird, County Administrator Present Bob Solari, Vice Chairman District 5 Present Dylan Reingold, County Attorney Present Joseph E. Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Peter D. O Bryan District 4 Present Court and Comptroller Present Tim Zorc District 3 Present Leona Adair Allen, Deputy Clerk Present DVD TIMES 1. CALL TO ORDER 9:00 A.M. PACKET PAGES 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff s Office Chairman Wesley S. Davis 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 9:01 a.m. 9:02 a.m. 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS ON MOTION by Commissioner Flescher, SECONDED by Commissioner O Bryan, the Board unanimously approved the Agenda as presented. 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Honoring Maria Fitzgerald on Her Retirement from the Tax Collector s Office of Indian River County 1 Chairman Davis read and presented the Proclamation to Maria Fitzgerald. Board of County Commission Minutes June 2, 2015 Page 1

229 9:08 a.m. 9:17 a.m. 9:29 a.m. 9:31 a.m. B. Presentation of Proclamation Designating June 21 through 27, 2015 as Amateur Radio Week 2 Vice Chairman Solari read and presented the Proclamation to Vero Beach Amateur Radio Club President Eric Larabell and club members. C. Presentation on 2015 Atlantic Hurricane Season Outlook by Indian River County Emergency Management Director, John King and Emergency Management Coordinator, Etta LoPresti 3-8 Emergency Management Coordinator Etta LoPresti presented hurricane background, facts, challenges, and the Emergency Management s enhancements for the 2015 Atlantic Hurricane Season. D. Presentation of Public Announcement for Hurricane Preparedness Are you Ready? By Indian River County Solid Waste Disposal District Managing Director, Himanshu Mehta 9-11 Solid Waste Disposal District Managing Director Himanshu Mehta played a public announcement on hurricane preparedness tips, which will be aired on local radio stations. He also announced that this year s Hurricane Exposition would take place at the Indian River Mall, on Saturday, June 6, 2015, from 10:00 a.m. to 3:00 p.m. E. Presentation on Hurricane Preparedness by Sarah Tippet Ruwe, Executive Director, Florida Coast to Heartland Chapter American Red Cross South Florida Region, and Eric Crump, Mass Care Lead for the Florida Red Cross South Florida Region --- Executive Director of the Florida Coast to Heartland Chapter of the American Red Cross South Florida Region Sarah Tippet Ruwe explained what the Red Cross does, and stressed that 94% of their efforts were through volunteers. She offered hurricane preparedness tips, and encouraged individuals to consider becoming Red Cross volunteers. 6. APPROVAL OF MINUTES 9:35 a.m. A. Regular Meeting of May 5, 2015 B. Regular Meeting of May 12, 2015 ON MOTION by Commissioner O Bryan, SECONDED by Commissioner Zorc, the Board unanimously approved the Regular Meeting Minutes of May, 5, 2015 and May 12, 2015, as written. 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 9:36 a.m. A. Resolution # R of the City of Sebastian Pertaining to Utility Easements Board of County Commission Minutes June 2, 2015 Page 2

230 B. 43 rd Avenue Funding for Right-of-Way Acquisition (memorandum dated May 27, 2015) Noted for the record was the response from the City of Vero Beach declining the County s request to use their Optional Sales Tax to fund a share of the local match for the SR-60 and 43 rd Avenue right-of-way acquisition for intersection improvements. C. Letter of Concurrence for Indian River County Historical Society, Inc. Grant Application for Firefighter Lookout Display and Park (letter dated May 22, 2015) CONSENT AGENDA ON MOTION by Commissioner Flescher, SECONDED by Commissioner O Bryan, the Board unanimously approved the Consent Agenda, pulling items 8.L. and 8.M. for discussion or comment. 9:36 a.m. A. Approval of Warrants May 7, 2015 to May 14, 2015 (memorandum dated May 14, 2015) Approved the list of warrants (checks) and wires as supplied by the Comptroller s Office. B. Approval of Warrants May 15, 2015 to May 21, 2015 (memorandum dated May 21, 2015) Approved the list of warrants (checks) and wires as supplied by the Comptroller s office. C. Out of County Travel to attend Florida Shore and Beach Conference (memorandum dated May 26, 2015) Approved out of County travel for Commissioners and staff to attend the Florida Shore and Beach Preservation Association Conference, from September 23 to 25, 2015, in Duck Key, FL. D. Resolution Formally Designating a Portion of County Owned Property Along 26 th Street and 52 nd Avenue as Right-of-Way (memorandum dated May 21, 2015) Approved Resolution , formally designating certain County owned property for right-of-way, and directing the Property Appraiser to cut out the property designated as right-of-way from the parent parcel (Lot 1, Block B of Dodgertown Subdivision, recorded in Plat Book 3, Page 49, of the Public Records of Indian River County, Florida). E. Wild Turkey Sand Mine Second Phase, Cash Deposit and Escrow Agreements for Compliance and Restoration (memorandum dated May 26, 2015) Approved and authorized the Chairman to execute the Cash Deposit and Escrow Agreement for Compliance, and the Cash Deposit and Escrow Board of County Commission Minutes June 2, 2015 Page 3

231 Agreement for Restoration, both with Wild Turkey Estates of Vero., LLC, regarding the transfer from Phase 1 to the second phase. F. Resolutions Canceling Taxes on Properties Purchased for Public Purpose (memorandum dated May 22, 2015) Approved Resolution , cancelling certain taxes upon publicly owned lands, pursuant to Section , Florida Statutes. (Purchased from Ronee Susan King and Stephen Allan Block, for 26 th Street right-of-way) Approved Resolution , cancelling certain taxes upon publicly owned lands, pursuant to Section , Florida Statutes. (Purchased from Stephen Savage and Vicky F. Savage, for 26 th Street and 52 nd Avenue right-of-way) Approved Resolution , cancelling certain taxes upon publicly owned lands, pursuant to Section , Florida Statutes. (Purchased from B. Anders Nyquist, as Trustee of the unrecorded Nyquist Trust #2 under Agreement, dated July 22, 1992, for S.R. 510 right-of-way) G. Work Order No. 5, Kimley-Horn & Associates, Inc., 37 th Street (US1 to Indian River Boulevard) 5-Laning, IRC Project No (memorandum dated May 12, 2015) Approved and authorized the Chairman to execute Work Order No. 5 to Kimley-Horn and Associates, Inc., authorizing the professional services outlined in the Scope of Services, for a lump sum amount of $199, H. Consideration to Approve a Cost-Share Agreement with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells (memorandum dated May 26, 2015) Approved and authorized the Chairman to execute the Countywide abandoned flow well plugging Cost Sharing Agreement with the St. Johns River Water Management District. I. Miscellaneous Budget Amendment 016 (memorandum dated May 26, 2015) Approved Resolution , amending the Fiscal Year Budget. J. Work Order No. 2 with Atkins West Regional WWTP 2015/2016 Permit Renewal (memorandum dated May 15, 2015) Approved and authorized the Chairman to execute Work Order No. 2 West Regional Wastewater Treatment Facility (WWTF) Permit Renewal, for continued professional services with Atkins North America, Inc., for the lump sum amount of $37, Board of County Commission Minutes June 2, 2015 Page 4

232 K. Indian River Medical Center Health and Wellness Center Developer Agreement for Developer Contributions to Roadway Improvements on 37 th Street (memorandum dated May 15, 2015) Approved the Developer s Agreement with Indian River Memorial Hospital, Inc. 9:36 a.m. L. Answer to Lawsuit on Blue Cypress Lake Stilt Houses (memorandum dated May 27, 2015) Chairman Davis pulled this item to clarify whether there was a hearing scheduled for today on this issue. Deputy County Attorney Bill DeBraal was unaware of any hearing scheduled for today. He reported that June 4 th was the deadline to file an Answer with the Courts. He said he would check the Court Docket during break to see if anything had been filed. Chairman Davis requested that this item be heard under Item 13., County Attorney Matters. 9:39 a.m. M. Children s Services $200,000 Funding Match Update Fiscal Year Allocation (memorandum dated May 27, 2015) Commissioner Zorc provided an update on the matching funds and private donations received for Children s Services. He also thanked individuals for their involvement and support. Vice Chairman Solari did not support this item because he believed the people who earn the money are smart enough to decide which charities to give to, without the government s help. ON MOTION by Commissioner Zorc, SECONDED by Commissioner Flescher, the Board by a 4-1 vote (Vice Chairman Solari opposed), approved a final funding allocation of $851,965 ($651,965 based plus $200,000 match) for Children s Services, for Fiscal Year , based upon the $228,500 raised through the Funder s Forum Children s Services Advisory Committee (CSAC) Match Group. This is contingent upon final documentation of the deposit of $200,000 in the United Way fund. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS Board of County Commission Minutes June 2, 2015 Page 5

233 9:41 a.m. 1. Consideration of Proposed Amendments to the CH, IL, and IG Maximum Building Coverage Regulations Chapter 911 (memorandum dated May 19, 2015) 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 presented the request of MBV Engineering, Inc. to increase the maximum building coverage requirements for single-story warehouse and industrial buildings within the Heavy Commercial (CH) zoning district from 40% to 50%. After review and discussion, staff drafted a proposed ordinance that would also include Light Industrial (IL) and General Industrial (IG) zoning districts. He explained how the proposed Ordinance would allow 50% building coverage provided all other Land Development Regulation (LDR) criteria were met, and would accommodate more single-story warehouses. He also noted that the Planning & Zoning Commission (P&Z) supported the proposed changes. Commissioners sought further details from staff and voiced their support for the proposed amendments to Chapter 911 of the LDRs. The Chairman opened the public hearing. Bob Johnson, Coral Wind Subdivision, questioned if this was a specific or Countywide change. Staff informed Mr. Johnson that there were certain locations where this type of flexibility would apply - where there was heavy commercial and industrial development in the unincorporated areas of the County, and some sites on Oslo Road. There being no other speakers, the Chairman closed the public hearing. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc, the Board adopted Ordinance , concerning amendments to its Land Development Regulations (LDRS); providing for amendments to Chapter 911, Zoning; by amending Section , Commercial Districts Sub Section (7) Size and Dimension Criteria; by amending Section Industrial Districts Sub Section (8) Size and Dimension Criteria; and by providing for repeal of conflicting provisions; codification; severability; and effective date. Board of County Commission Minutes June 2, 2015 Page 6

234 9:53 a.m. 2. Second Public Hearing to Receive Public Comments for the Neighborhood Revitalization (NR) Community Development Block Grant (CDBG) (memorandum dated May 18, 2015) Legislative PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Director of Utility Services Vincent Burke recalled that the first Public Hearing was held on December 16, 2014, where the Board authorized staff to move forward with the application process for a new Community Development Block Grant (CDBG). He said the proposed Neighborhood Revitalization CDBG application would serve: (1) the West Wabasso Sewer Phase II Project in the areas of 84 th Place, 84 th Street, 64 th Avenue, 63 rd Court, 63 rd Avenue, and 62 nd Avenue south of CR 510; and (2) the East Gifford Area Drainage Project in the area between 28 th Avenue and Old Dixie Highway south of 43 rd Street along 43 rd Street, 42 nd Place, 42 nd Street, 27 th Avenue, 26 th Avenue, 25 th Avenue, 24 th Court, and 24 th Avenue. He pointed out that the West Wabasso Sewer Project would address health and safety issues, and the East Gifford Drainage Project would alleviate drainage problems. The Chairman opened the public hearing. James Hagen, Jr., th Place, Secretary of the West Wabasso Progressive Civic League, questioned where his tax dollars were spent. He had asked the County numerous times to take 84 th Place through to 63 rd Court so he would have better drainage, police would have better access, and drug dealing would be discouraged. Administrator Baird informed Mr. Hagen that drug dealing was a law enforcement issue that needs to be addressed by the Sheriff s office. Public Works Director Chris Mora confirmed there was a Wabasso Streetlight District, and staff would review the location to see if it would be a candidate for a street light. Mr. Hagen said he had spoken to individuals at the Sheriff s office and was informed that if the road were to be opened, it would give the police more access to the area, and their presence would discourage drug dealing. Chairman Davis explained for Mr. Hagen how his tax dollars are broken down and spent. Board of County Commission Minutes June 2, 2015 Page 7

235 Commissioner Flescher said he would look into the roadway situation. The following individuals conveyed their support for the projects: Julianne Price, Department of Health Joe Idlette, th Avenue William Rigby, th Avenue There being no other speakers, the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to: (1) approve Resolution , declaring the Community Development Block Grant (CDBG) Program to be a workable program for providing improvements for low-to-moderate income households; authorizing the filing of an application, and all necessary application materials, to the Florida Department of Economic Opportunity for approval of the Indian River County CDBG; authorizing local revenues as CDBG leverage; finding the CDBG Application consistent with the Comprehensive Plan, which shall serve as the CDBG Development Plan; and providing an effective date; (2) authorize the Chairman to execute Page 33 of the draft DEO Florida Small Cities Community Development Block Grant (CDBG) Application for Funding; and (3) approve other funding sources to cover the deficit contingent upon successful grant award. Commissioner O Bryan aired concerns about the reliance on the optional sales tax for the local funding match, and questioned if this should go out for a referendum to reinstitute/extend the one-cent optional sales tax. He felt the Board should introduce an educational strategy to show the community how the one-cent optional sales tax had been used for infrastructure projects. He wanted staff to bring this back to the Board as an Agenda item for further discussion. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 10:25 a.m. B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 1. Request to Speak from Patricia Hunt Regarding New Public Cameras in Public Building, Documented, Etc. 187 Board of County Commission Minutes June 2, 2015 Page 8

236 Patricia Hunt, P.O. Box 442, Roseland, conveyed her support for the new security cameras that were purchased for the Courthouse. She had wanted the cameras to be installed, so they would record the Clerk s employees while they handle paper files. She requested the Board provide her with an answer (within 30 days) on where the cameras were placed. She also voiced concerns over the rights and eviction of disabled veteran Jerry R. Castle. C. PUBLIC NOTICE ITEMS 10:42 a.m. 1. Notice of Scheduled Public Hearing June 9, 2015: To Consider Amending Chapter 300 (Alcoholic Beverages) of the Indian River County Code to Remove the Sunset Provision and Thereby Allow the Sale, Service and Consumption of Alcoholic Beverages Until 2:00 A.M. (memorandum dated May 20, 2015) Legislative Notice of Scheduled Public Hearing June 23, 2015: To Discuss Proposed Use for the Grant Funds Received by the Indian River County Sheriff s Office through the FY 2015 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation (letter dated May 26, 2015) Administrative County Attorney Dylan Reingold read the Notices into the record. The Chairman called for a break at 10:43 a.m., and reconvened the meeting at 10:53 a.m., with all members present. 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None Board of County Commission Minutes June 2, 2015 Page 9

237 1. Human Services None 2. Sandridge Golf Club None 3. Recreation None D. Human Resources None E. Office of Management and Budget None 10:53 a.m. F. Public Works 1. Department of the Army Feasibility Cost Share Agreement Sector 5 Federal Shore Protection Project (memorandum dated May 27, 2015) Coastal Engineer James Gray provided a brief history of the Sector 5 Beach Project; he reported that the U.S. Army Corps of Engineers (USACE) currently had a backlog of shoreline protection projects and was considering removing the Sector 5 Beach Project for a Feasibility Study or removal from their list. He revealed that the study would be in the form of a General Reevaluation Report (GRR) that would cost about $3,000,000. He presented two alternatives for the Board to consider: (1) abandon the Feasibility Cost Share Agreement with the U.S. Army Corps of Engineers (USACE), or (2) execute the Feasibility Cost Share Agreement with USACE and proceed forward with the General Reevaluation Report Study. He said staff and the Beach and Shores Advisory Committee recommended abandoning the Feasibility Cost Share Agreement with USACE. MOTION WAS MADE by Commissioner O Bryan, SECONDED by Vice Chairman Solari, to abandon the Feasibility Cost Share Agreement with the U.S. Army Corps of Engineers (USACE). Commissioner O Bryan believed there was a lot of sand that would eventually work its way south and provide benefit to Sector 5. He felt the cost and impact to the hard bottom was unacceptable. Board of County Commission Minutes June 2, 2015 Page 10

238 G. Utilities Services None 13. COUNTY ATTORNEY MATTERS Tuck Ferrell, North Beach Civic Association, and member of the Beach Committee, supported the Board s decision. The Board briefly discussed Federally funded projects. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 11:20 a.m. A. Agriculture Advisory Committee Appointment (memorandum dated May 14, 2015) Attorney Reingold requested the Board review the resume and application of Stephen Popyach, and determine whether to appoint him to the Agriculture Advisory Committee as the Associate Industry representative. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc, the Board unanimously appointed Stephen Popyach to fill the unexpired term for the Associated Industry representative to the Agriculture Advisory Committee. 11:22 a.m. B. Fertilizer Enforcement Interlocal Agreements (memorandum dated May 14, 2015) Attorney Reingold recalled that in 2013, the Board adopted the Indian River County Fertilizer and Landscape Management Ordinance, and at the same time the Town of Indian River Shores (Town) and the City of Vero Beach (City) enacted similar fertilizer enforcement ordinances. Thereafter, the Board established a position within the Public Works Department that would be responsible for enforcing the Fertilizer Ordinance. The Town and the City did not establish enforcement positions, and are now asking if the County s Fertilizer Enforcement Officer could assist in education and enforcement of their Fertilizer Ordinances. Based upon earlier discussions with the representatives of the Town and the City, Attorney Reingold s office drafted an Interlocal Agreement which he presented for the Board s review. A brief discussion ensued regarding the hourly rate with benefits; the General and Administrative Account (G&A) charges; and reaching out to Sebastian and Fellsmere. Board of County Commission Minutes June 2, 2015 Page 11

239 MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to approve the Fertilizer Regulation Enforcement Interlocal Agreements with the Town of Indian River Shores and the City of Vero Beach; and directing staff to reach out to Sebastian and Fellsmere for their feedback/evaluation. Commissioner O Bryan pointed out that this is a one-year contract, and in October, there could be a cost of living adjustment increase. The Chairman CALLED THE QUESTION and the Motion carried unanimously. Clerk s Note: Attorney Reingold announced the Florida Development Finance Corporation (FDFC) meeting on June 10, 2015, at 3:00 p.m., in Orlando, to consider adopting a resolution to authorize the issuance of bonds to finance the project and other related items pertaining to All Aboard Florida (AAF). MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to approve out of County travel for Commissioners and staff to attend the Florida Development Finance Corporation meeting in Orlando, on June 10, Phyllis Frey, 275 Date Palm Road, encouraged the public and Commissioners to attend the Florida Development Finance Corporation meeting, and emphasized that this would be the last chance to voice their objections to All Aboard Florida. Vice Chairman Solari voiced his disappointment regarding the short notice for the meeting. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 11:33 a.m. 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari, Vice Chairman 1. Short-Term Rentals (memorandum dated May 26, 2015) Vice Chairman Solari asked fellow Commissioners if they had an interest in establishing a Short-Term Rental Committee to look at short-term rentals in Indian River County. The committee would make recommendations that would go through the Planning and Board of County Commission Minutes June 2, 2015 Page 12

240 Zoning Commission and the Board of County Commissioners for actions deemed necessary. He also wanted the committee to be sunsetted when the work was completed, but no later than one year from the formation date. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Zorc, to establish a short-term rental committee that would sunset after the work is completed, but no later than one year from the formation date; and direct the County Attorney and Director of Community Development to create the necessary paperwork, with an anticipated start date of September A brief discussion ensued on whether there would be geographic restrictions on committee appointees. Commissioner O Bryan suggested one of the committee s tasks should include obtaining a report from Code Enforcement regarding how many code cases are being received that relates to neighbor versus neighbor. The Chairman CALLED THE QUESTION and the Motion carried unanimously. C. Commissioner Joseph E. Flescher None 11:42 a.m. D. Commissioner Peter D. O Bryan 1. Go Solar Florida Resolution (memorandum dated May 26, 2015) Commissioner O Bryan questioned whether the Board was interested in adopting the sample Resolution of Support for Solar Photovoltaic Energy and the Florida Solar Financing Action Plan, which promotes rooftop solar in Florida. The Board briefly discussed why they did not support the Resolution. E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS The Board reconvened as the Board of Commissioners of the Emergency Services District. Those Minutes are available separately. Board of County Commission Minutes June 2, 2015 Page 13

241 A. Emergency Services District 1. Approval of Minutes Meeting of May 12, Approval Conceptual Temporary Site for Fire Station 7 (memorandum dated May 21, 2015) B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 11:58 a.m. ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Deputy Clerk Wesley S. Davis, Chairman Approved: BCC/LA/2015Minutes Board of County Commission Minutes June 2, 2015 Page 14

242 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA REGULAR MEETING MINUTES TUESDAY, JUNE 9, 2015 Commission Chambers Indian River County Administration Complex th Street, Building A Vero Beach, Florida, COUNTY COMMISSIONERS DISTRICT Wesley S. Davis, Chairman District 1 Absent Joseph A. Baird, County Administrator Present Bob Solari, Vice Chairman District 5 Present Dylan Reingold, County Attorney Present Joseph E. Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Present Peter D. O Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Maureen Gelfo, Deputy Clerk Present DVD TIMES PACKET PAGES 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Joseph A. Baird, County Administrator 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 9:02 a.m. Addition: Item 14.B. Vice Chairman Bob Solari: All Aboard Florida/Florida Development Finance Corporation ON MOTION by Commissioner Flescher, SECONDED by Commissioner O Bryan, by a 4-0 vote (Chairman Davis absent), the Board approved the agenda as amended. 5. PROCLAMATIONS and PRESENTATIONS None 6. APPROVAL OF MINUTES None Board of County Commission Meeting Page 1 June 9, 2015

243 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 9:03 a.m. A. CarFit Safety Event, Wednesday, June 17, 2015 Safety is Golden Mobility Fair at City of Vero Beach Community Center Vice Chairman Solari announced that this event for senior drivers will be held on June 17, 2015, from 9:00 a.m. to 12:00 p.m. at the Vero Beach Community Center. 1 B. Florida Public Service Commission Notice of Consummating Order PSC CO-EI is available for review in the Office of the Clerk to the Board CONSENT AGENDA 9:04 a.m. ON MOTION by Commissioner Flescher, SECONDED by Commissioner O Bryan, by a 4-0 vote (Commissioner Davis absent), the Board approved the Consent Agenda, pulling Item 8.E. for discussion. A. Approval of Warrants May 22, 2015 to May 28, 2015 (memorandum dated May 28, 2015) 2-9 Approved the list of warrants (checks) and wires as supplied by the Comptroller s office. B. Renewal of Maintenance Agreement at Sandridge Golf Club (memorandum dated May 30, 2015) Authorized the Chairman to execute the Second Amendment to Golf Course Maintenance Agreement relating to the Sandridge Golf Club, with International Golf Maintenance, Inc. C. LF2/MCP Harbor Point LP s Request for Final Plat Approval for a Commercial Subdivision to be known as Harbor Point (memorandum dated June 1, 2015) Granted final plat approval for the Harbor Point Commercial Subdivision. D. Approval of Change Order No. 2 to a Contract with Summerlin s Marine Construction, LLC for Boat Dock Repair / Replacement at the Jones s Pier Conservation Area (memorandum dated June 2, 2015) Approved and authorized the Chairman to execute Change Order No. 2 to the construction agreement with Summerlin s Marine Construction, LLC for dock repairs at the Jones s Pier property, with County costs to be funded with Environmental Land Bond funds. Board of County Commission Meeting Page 2 June 9, 2015

244 E. Request for Approval to Enter into a Public Transportation Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for a Commuter Assistance Grant (memorandum dated May 27, 2015) Commissioner O Bryan voiced support for the Beachside Circulator GoLine bus, a public/private initiative that would alleviate some of the parking issues at beachside destinations. Karen Deigl, CEO, Senior Resource Association, reported that the County was approved for a Florida Department of Transportation (FDOT) Commuter Assistance Grant to fund a new bus route, GoLine Route 16, to be known as the Beachside Circulator. She disclosed that the Vero Beach Hotel and Spa will provide the local grant match of $40,000 for the first year of service, and recognized the Oceanside Business Association; Penny Chandler, Indian River Chamber of Commerce; and the beachside business owners for their help on this proposed solution to parking issues. Duncan Clements, General Manager, Vero Beach Hotel & Spa, remarked on the opportunity to take advantage of the State funding. Ms. Deigl noted that the Beachside Circulator would operate from 5:20 a.m. to 6:00 p.m., seven days a week beginning on July 1, A brief conversation followed on the possibility of constructing a bus shelter, if warranted. ON MOTION by Commissioner O Bryan, SECONDED by Commissioner Flescher by a 4-0 vote (Commissioner Davis absent), the Board: (1) approved the Public Transportation Joint Participation Agreement; (2) approved Resolution , authorizing the execution of a Public Transportation Joint Participation Agreement with the Florida Department of Transportation; and (3) approved the agreement by and between the Senior Resources Association, Inc., and Vero Beach Hotel and Spa, Inc., for contribution of the local match. A brief discussion ensued as Ms. Deigl addressed questions and defined the bus route, which would run from a designated parking area at Riverside Park. The Chairman CALLED THE QUESTION and by a 4-0 vote (Chairman Davis absent), the Motion carried. Board of County Commission Meeting Page 3 June 9, 2015

245 F. City of Vero Beach Marina Bus Shelter Agreement (memorandum dated June 3, 2015) Approved and authorized the Chairman to execute the License Agreement for Use of City Real Property (Bus Shelter Municipal Marina) with the City of Vero Beach, for placement of a GoLine bus shelter. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS 9:16 a.m. A. PUBLIC HEARINGS 1. Ordinance Eliminating Sunset of Ordinance Amending Section (Prohibited hours of sale, service and consumption) (memorandum dated May 26, 2015) Legislative PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD County Attorney Dylan Reingold reported that in May 2014, the City of Vero Beach (the City) adopted an Ordinance extending the hours that alcohol can be served, from 1:00 a.m. to 2:00 a.m., with a sunset provision dated June 15, He recalled that on July 1, 2014, the County Commission adopted Ordinance , providing the same extension and sunset provision with regards to alcohol sales. Attorney Reingold reported that the City subsequently made its Ordinance permanent, and asked whether the Board wished to maintain the extended hours for alcohol sales through adoption of the proposed Ordinance. The Chairman opened the Public Hearing. David Currey, Chief of Police for the City of Vero Beach, confirmed that there have been no problems with regards to the extended hours. Commissioner Flescher noted that at the May 12, 2015 meeting, Sheriff Loar had affirmed that the extended hours had not caused problems in the unincorporated County. There were no additional speakers, and the Chairman closed the Public Hearing. Board of County Commission Meeting Page 4 June 9, 2015

246 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O Bryan, by a 3-1 vote (Commissioner Davis absent and Commissioner Zorc opposed), the Board adopted Ordinance , amending Section (Prohibited Hours of Sale, Service and Consumption) of Chapter 300 (Alcoholic Beverages) of the Code of Indian River County to remove the Sunset Provision and thereby allow the sale, service, and consumption of alcoholic beverages until 2:00 a.m.; and providing for severability, codification, and an effective date. B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None 1. Human Services None 2. Sandridge Golf Club None 3. Recreation None Board of County Commission Meeting Page 5 June 9, 2015

247 D. Human Resources None 9:19 a.m. E. Office of Management and Budget 1. Tourist Development Council Budget Recommendations (memorandum dated May 28, 2015) Director of Management and Budget Jason Brown recapped staff s funding recommendations for the Tourist Development Council, as outlined on page 83 of the agenda package. ON MOTION by Commissioner Flescher, SECONDED by Commissioner O Bryan, by a 4-0 vote (Chairman Davis absent), the Board approved the funding amounts recommended by the Tourist Development Council as outlined on page 83 of the agenda package, for a total allocation of $733, DEPARTMENTAL MATTERS 9:22 a.m. F. Public Works 1. Resolutions for Asphalt Millings Improvements and to set a Public Hearing for 9 th Lane Petition Millings Project in Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two, IRC Project No (memorandum dated May 28, 2015) Public Works Director Chris Mora provided background on the request from the residents of Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two (Glendale Lakes) for a petition millings project on 9 th Lane, west of 43 rd Avenue and north of 8 th Street. He asked the Board to approve: (1) the Resolution providing for the project; (2) the County s 25% portion of the funding, in the amount of $2,804.28; and (3) the Resolution setting the time and place of a public hearing on this matter, at 9:05 a.m. or as soon as practicable, in the County Commission Chambers. Director Mora thereafter responded to questions from the Board. ON MOTION by Commissioner O Bryan, SECONDED by Commissioner Zorc, by a 4-0 vote (Chairman Davis absent), the Board: (1) approved Resolution , providing for certain asphalt milling improvements to 9 th Lane, in Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two, providing the total estimated cost, method of payment of assessments, number of annual installments, and Board of County Commission Meeting Page 6 June 9, 2015

248 G. Utilities Services None legal description of the area specifically benefitted; (2) allocated $2, from the Secondary Roads Gas Tax Account No , 9 th Lane / Glendale Lakes Petition Paving; and (3) approved Resolution , setting a time and place at which the owners of property on 9 th Lane, in the Glendale Lakes Subdivision and Glendale Lakes Subdivision Unit Two, County Project No 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 thereby. 13. COUNTY ATTORNEY MATTERS None 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None 9:25 a.m. B. Commissioner Bob Solari, Vice Chairman Add: All Aboard Florida/Florida Development Finance Corporation Vice Chairman Solari read part of the County Attorney s to Joseph Stanton, Esq., Florida Development Finance Corporation (FDFC), with regards to the erratic scheduling of the FDFC hearing on the prospective issuance of bonds to help finance All Aboard Florida (AAF). He also referred to correspondence sent by Steve Ryan, Esq., Citizens Against Rail Expansion in Florida (CARE FL), asking the Executive Director of FDFC, Bill Spivey, to level the playing field for all persons interested in attending the hearing. Vice Chairman Solari asked whether the Board wished to send its own letter to Mr. Spivey requesting a level playing field, at least thirty days public notice before the FDFC hearing, and sufficient time for public comment at the hearing. Attorney Reingold observed that the unpredictability in the scheduling of the upcoming FDFC hearing makes it difficult for all interested parties to attend. Board of County Commission Meeting Page 7 June 9, 2015

249 MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to direct the County Attorney to send a letter to Bill Spivey, Executive Director, requesting that the Florida Development Finance Corporation provide: (1) at least 30 days public notice prior to the upcoming hearing with regards to bond issuance to All Aboard Florida; (2) adequate time for all interested parties to comment; and (3) a level playing field for all parties. Attorney Reingold responded to the Board s questions about timelines with regards to the provisional allocation of the bonds. He also sought and received confirmation that the Board wanted him to send the letter after it is executed by the Chairman or Vice Chairman. Attorney Reingold advised that he would include a copy of the letter under Informational Items on the June 16, 2015 County Commission agenda. The Chairman CALLED THE QUESTION and by a 4-0 vote (Chairman Davis absent), the Motion carried. C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O Bryan None E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None 9:34 a.m. B. Solid Waste Disposal District The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are available separately. 1. Approval of Minutes Meeting of May 12, Amendment No. 2 to Work Order No. 1 to Kessler Consulting, Inc., for Service Transition Assistance (memorandum dated June 1, 2015) Board of County Commission Meeting Page 8 June 9, 2015

250 C. Environmental Control Board None 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 9:35 a.m. ATTEST: Jeffrey R. Smith, CPA, CGFO, CGMA Clerk of Circuit Court and Comptroller By: Wesley S. Davis, Chairman Approved: BCC/MG/2015Minutes Board of County Commission Meeting Page 9 June 9, 2015

251 BOARD OF COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA EMERGENCY SERVICES DISTRICT MEETING MINUTES TUESDAY, MAY 19, 2015 County Commission Chamber Indian River County Administration Complex th Street, Building A Vero Beach, Florida, COMMISSIONERS DISTRICT Wesley S. Davis, Chairman District 1 Present Joseph A. Baird, County Administrator Present Bob Solari, Vice Chairman District 5 Present Dylan Reingold, County Attorney Present Joseph E. Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Present Peter D. O Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Maureen Gelfo, Deputy Clerk Present DVD TIMES CALL TO ORDER 9:22 A.M. PACKET PAGES 15. 9:22 a.m. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Amended Work Order No. 1 for Renovations on Fire Rescue Station #1 (1500 Old Dixie) (memorandum dated May 13, 2015) Assistant Fire Chief Brian Burkeen recalled the Board s approval on December 16, 2014, of funding for renovations on Fire Station No. 1. He reported that the scope of work has expanded to include additional tasks, and presented staff s recommendation for Board approval of additional preconstruction costs for renovations at Fire Station No. 1. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Flescher, to approve the additional preconstruction cost for renovations of Fire Station No. 1 as outlined in Amended Work Order No. 1 with Barth Construction, Inc. Emergency Services District Page 1 May 19, 2015

252 Responding to questions from the Board, staff provided additional information about the Work Order. The Chairman CALLED THE QUESTION and the Motion carried unanimously. Chairman Davis observed that the next County Commission meeting would be on June 2, 2015, and he wanted to ensure that the County Administrator would have the means to keep moving forward with the fire station projects. Discussion ensued regarding the Board s authorization on April 7, 2015, for the County Administrator to expend up to $250,000 in connection with the modular unit for Fire Station No. 7. MOTION WAS MADE by Commissioner O Bryan, SECONDED by Vice Chairman Solari, to authorize the County Administrator to spend an additional amount of up to $200,000, to keep moving forward on the various fire station initiatives. County Administrator Joseph Baird provided a brief update on the fire station expenditures. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 9:27 a.m. 2. Addition: Fire Station No. 7 on Ranch Road (82 nd Avenue) Chairman Davis wanted to explore the possibility of using the site and infrastructure of the existing Fire Station No. 7 on Ranch Road for the temporary placement of the Fire Station 7 modular unit. Chief Burkeen advised that the anticipated delivery date of the modular unit is the second week of June 2015, and discussed the sites that staff has considered thus far for the temporary housing. Further discussion ensued with regards to the permanent relocation of Fire Station No. 7, and the temporary placement of the modular unit. Several Commissioners spoke to possible advantages of situating the temporary housing at the Ranch Road site. Assistant Fire Chief Brian Burkeen confirmed that staff would explore the feasibility of placing the modular unit at the Ranch Emergency Services District Page 2 May 19, 2015