HomeMy WebLinkAbout09/22/2015 BOARD OF COUNTY
VIERCOMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 22, 2015
Commission Chambers
Indian River County Administration Complex
LQ1z�v�'
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
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 PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Reverend Shelly Satran, Our Savior Lutheran
Church
3. PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 Delete Item 8.J. Second Amendment to Elevated Water Tank Space License
a.m. Agreement with New Cingular Wireless PCS, LLC.
Move Item 10.A.4. Commercial Event Ordinance, to be heard prior to 10.A.3.
Move Item 14.E.2. Florida Power and Light (FPL) Care to Share Program, to
be heard following Item 5.G.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the Agenda as amended.
Board of County Commission Minutes
September 22,2015 Page 1
I
5. PROCLAMATIONS and PRESENTATIONS
9:04 A. Presentation of Proclamation Designating October 4 through October 10,
a.m. 2015, as ental Illness Week in Indian RiFlorid
---------- M
-------------------- Awareness-----------------------------------------ver---County,------------------a--------------------1---
Commissioner Flescher read and presented the Proclamation to
Reverend Robert Whiteley.
9:11 B. Presentation of Proclamation Designating the Month of October, 2015, as
a.m. National Domestic Violence Awareness Month 2
-------------------------------------------------------------------------------------------------------------------
Vice Chairman Solari read and presented the Proclamation to Director
of Development for SafeSpace, Tracy Levy.
9:19 C. Presentation of Proclamation Designating the Month of October, 2015, as
a.m. -National-Arts
- -Humanities and Humanities Month 3
- ---------- ----- ----- ------------ ------------------------------------------------------------------------
Proclamation was read by Commissioner O'Bryan.
9:23 D. Presentation of Proclamation Designating September 22, 2015, as National
a.m. Voter Registration Day 4
-------------------------------------------------------------------------------------------------------------------
Chairman Davis read and presented the Proclamation to Supervisor of
Elections Leslie Swan and Technical Program Coordinator Stephanie
Nelson.
9:34 E. Presentation of Proclamation Designating the Month of October, 2015, as
a.m. Indian River County Family HistoryMonth 5
--------------- ---------------------------------------------------------------------------------------------
Commissioner Zorc read and presented the Proclamation to Bob
Satola, Cindy Heinman, and Susan Barker.
9:42 F. Presentation of Proclamation Observing September 26, 2015 as Margo
a.m. Donadio Memorial Fire Girls 5K and World Heart Day 6
-------------------------------------------------------------------------------------------------------------------
Commissioner Zorc read and presented the Proclamation to Anthony J.
Donadio and six of the Fire Girls of Indian River County.
9:52 G. Presentation on FPL Care to Share by Louis Gonzalez, FPL Special
a.m. Consumer Services Manager and Dianne Verner, FPL Special Consumer
Services_East_Area_Manager---------------------------------------------------------------------------7-
Louis Gonzales and Dianne Verner gave a brief presentation on Florida
Power and Light's (FPL) Care to Share Program, and the Financial
Assistance Information and Services Program, for individuals who
need assistance to pay their electric bill.
Commissioner Zorc asked about the possibility of implementing a
similar Care to Share Program with Indian River County's Water and
Sewer website and payment system.
Board of County Commission Minutes
September 22,2015 Page 2
I
-------------------------------------------------------------------------------------------------------------------
10:09 H. Presentation by Solid Waste Disposal District of Upcoming Recycling &
a.m. Solid Waste Changes
(memorandum dated September 16, 2015) 8
Director of Utility Services Vincent Burke and Solid Waste Disposal
District Managing Director Himanshu Mehta provided a brief update and
presentation regarding single-stream recycling services.
6• APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REOUIRING BOARD ACTION
10:26 A. Comparison of Water and Sewer Rates for Seven AAA Bond Rated Utilities
a.m. (memorandum dated September 14, 2015) 9-10
B. MPO_Transportation Plan Public Workshops 1 l
8. CONSENT AGENDA
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the Consent Agenda, pulling item 8.G.
for discussion.
10:26 A. Approval of Warrants— September 3, 2015 to September 10, 2015
a.m. (memorandum dated September 10 2015 12-17
- I- -- ----------------------------------------------------------------------
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
B. Renewal of Concessionaire Contract No. 252 with Florida Fish and Wildlife
Conservation Commission for the Indian River County Public Shooting
Range
(memorandum dated September 16,_201.5) 18-19
- ------------------------------------------------------1-8---19-
Approved and authorized the Chairman to execute a letter requesting
an additional ten-year term of the contract.
C. Authorization to Attend Public Trust Advisors Seminar
(memorandum dated September 11, 2015)-----------------------------------------------------20-24_
Authorized out of County travel for the County Administrator to attend
a free Public Funds Investment Seminar sponsored by Public Trust
Advisors, on Thursday October 8, 2015, in Orlando, Florida.
Board of County Commission Minutes
September 22,2015 Page 3
--------------------------------------------------------------------------------------------------------------------
D. Update on Disposal of Tax Collector Vehicle—2008 Jeep Liberty
(memorandum dated September 16, 2015) 25.26
Authorized the transfer of the 2008 Jeep Liberty (Asset no. 25123) from
the Tax Collector to the Clerk of Circuit Court, in accordance with
Section 274.05, Florida Statutes.
E. Miscellaneous Budget Amendment 025
(memorandum dated September 16, 2015) 27-31
Approved Resolution 2015-114, amending the Fiscal Year 2014-2015
Budget.
F. Miscellaneous Budget Amendment 026
(memorandum dated September 15 2015 32-35
p -
------------ ------- ---------------------------------------------------- --------
Approved Resolution 2015-115, delegating authority to the County j
Administrator, the Assistant County Administrator or the Director of
the Office of Management & Budget or their designee to execute all
documents necessary to amend the Fiscal year 2014-2015 Budget during
the period commencing November 10, 2015, through and including
November 30, 2015.
G. Approval of Sealed Bid Sale of 2605 53rd Avenue (Bid # 2015033)
(memorandum dated September 15,_2015)_____________________________________________________36-42
Chairman Davis pulled this item to announce a conflict of interest.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, by a 4-0 vote (Chairman Davis abstained), the Board ratified
and accepted the high bid of $60,000.00 submitted by Bameric of VB,
LLC; (2) approved the Agreement to Purchase and Sell Real Estate;
(3) authorized the Chairman to execute the Agreement; and (4)
authorized the County Attorney's staff to prepare and execute any other
necessary documents to complete the sale.
(Clerk's Note: Form 8B Memorandum of Voting Conflict is attached to
these minutes as Addendum A).
H. Approval of Sealed Bid Sale of 5940 26`h Street
(memorandum dated September 14, 2015) 43-51
(1) Approved to ratify and accept the high bid of$106,000.00 submitted
by Tuan Nguyen; (2) approved the Agreement to Purchase and Sell Real
Estate; (3) authorized the Chairman to execute the Agreement; and (4)
authorized the County Attorney's staff to prepare and execute any other
necessary documents to complete the sale.
Board of County Commission Minutes
September 22,2015 Page 4
I. Authorize County Administrator to Execute an Agreement with Florida Blue
for the County's Excess Loss/Reinsurance Policy
(memorandum dated September 15, 2015) 52-59
Authorized the County Administrator to execute the Agreement for
Option 3 with Florida Blue for the County's Excess Loss/Reinsurance
Policy for plan year 2015-2016.
J. Second Amendment to Elevated Water Tank Space License Agreement with
New Cingular Wireless PCS, LLC
(memorandum dated September 14, 2015) 60-85
Deleted
K. Approval of Work Authorization No. 2015-002 to Replace Corroded
Galvanized Water Main and Water Services in Vista Royale, Phase 2 UCP
#4120
(memorandum dated September 16, 2015) 86-89
(1) Approved the total project cost of$81,212.32; (2) approved retaining
Blue Goose Construction to replace the galvanized pipe and services in
Vista Royale in the amount of$66,000.99 for labor; (3) approved Work
Authorization No. 2015-002; and (4) authorized the Chairman to
execute same.
L. Authorize County Administrator to Execute the B1ueMedicare Group Master
Agreement
__(memorandum dated September 15,_2015)_____________________----------------------------------------------------90-110
- - - - -------------- ------------
Authorized the County Administrator to execute the B1ueMedicare
Group Master Agreement.
M. Amendment No. 1 to Work Order No. 1 for Masteller & Moler, Inc., 491h
Street/USI Intersection Improvements, IRC Project No. 1412
(memorandum dated September 3, 2015) 1.11-114
Approved and authorized the Chairman to execute Amendment No. 1 to
Work Order No. 1 to Masteller & Moler, Inc., authorizing the
professional services as outlined in the Scope of Services, for a total
lump sum amount of $3,500, with a reimbursables maximum of
$1,000.00.
N. Indian River County Intergenerational Recreation Facility at South County
Regional Park—FPL Easement, IRC Project No. 1135
(memorandum dated September 8, 2015)__________________________________________________ 1.15-118
(1) Approved the Utility Easement with Florida Power and Light
Company (FPL); (2) authorized the Chairman to execute the Easement;
and (3) authorized the County Attorney's office to record the executed
Easement as presented.
Board of County Commission Minutes
September 22,2015 Page 5
O. Rachel's Storage, LLC's Request for Release of Easements at 11650 and
11660 Hewlett Drive (Sebastian Grove Estates Subdivision)
(memorandum dated September 14, 2015) 1.19-124
Approved Resolution 2015-116, releasing certain Easements on Lots 3,
49 7, and 8, Block 3, Sebastian Grove Estates Subdivision.
P. Amy Honey's Request for Partial Release of an Easement at 1415 Sunset
Point Lane (Sunset Point Subdivision)
(memorandum dated September 14, 2015) 125-131
Approved Resolution 2015-117, releasing a portion of an Easement on
Lot 6, Sunset Point Subdivision.
Q. Developer Request for Additional 2-Year Extension to Construct Required
Sidewalk Improvements
(memorandum dated September 15, 2015) 1.32-133
(1) Authorized staff to proceed with advertising for the Board to hold a
Public Hearing to consider amending portions of Chapter 913 with
respect to sidewalk extensions on subdivisions that were platted prior to
2009; and (2) allowed a grace period for the developers (of subdivisions
of Millstone Landing Phase 3, Provence Bay, and Vero Lago Phases 2, 3
and 5), from having to construct the sidewalks while the Board
considers the adoption of an ordinance amendment to provide for an
additional 2-year extension to the existing sidewalk contracts, and in the
event the Board does not adopt an ordinance amendment, allow the
developers a 90-day grace period from the date of the Public Hearing to
complete the sidewalk construction. If the Board does not adopt such
an ordinance amendment and the developer does not complete the
sidewalk construction within the 90-day grace period, authorize staff to
proceed to call the security due to the contract being in default.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
10:27 A. Indian River County Sheriff Deryl Loar:
a.m. Request to Discuss Expenditure from the Criminal and Sex Offender
Registrant Fee Account
(letter-dated September 15,_2015) ___________________________134
- - -----------------------------
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously authorized the
Sheriffs office to use $24,000 from the Criminal and Sex Offender
Registrant Fee account to purchase camera monitors in the amount of
$4,000; storage cabinets in the amount of $3,000; digital hand held
cameras in the amount of $4,000, office supplies in the amount of
$9,000; and chairs for the registrant processing area and lobby in the
amount of$4,000.
Board of County Commission Minutes
September 22,2015 Page 6
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10:28 1. Gregory and Susanne Zaino's Request for Abandonment of Right-
a.m. of-Way for a 10' Wide Alley Running from 129th Avenue to 129th
Court and Lying Between Lots 1-3 and Lots 4-5, Block 2 of the
Tropical Village Estates Subdivision
(memorandum dated September 10, 2015) 135-143
---------------------------------------------------------------------------------------------------------
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 reviewed
Gregory and Susanne Zaino's request to abandon right-of-way
for a 10-foot wide alley in the Tropical Village Estates
Subdivision.
The Chairman opened the Public Hearing. There being no
speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board unanimously approved
Resolution 2015-118, providing for the closing, abandonment,
vacation and discontinuance of a 10 feet wide alley lying and
being in Block 2 as shown on the plat of Tropical Village
Estates, as recorded in Plat Book 4, Page 94 t/, Public Records
of Indian River County, Florida; said alley bounded on the east
by the west right-of-way line of 129th Avenue (a 70 foot wide
right-of-way); bounded on the west by the east right-of-way line
of 1291h Court (a 70 foot wide right-of-way); bounded on the
north by Lots 1, 2 and 3, and bounded on the south by Lots 4
and 5.
10:30 2. Orchid Quay, LLC; Request to Rezone ± 41.95 Acres Located East
a.m. of US #1 and North of 82nd Street from CG, General Commercial
District, to OCR, Office, Commercial, Residential District
(memorandum dated September 8, 2015 144-172
Quasi Judicial
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Chairman Davis requested and received disclosure of ex parte
communications, site visits, or independent investigations.
Board of County Commission Minutes
September 22,2015 Page 7
Commissioners also affirmed that they have open minds and
can base their decisions on the evidence presented and
applicable law.
Vice Chairman Solari announced his conflict of interest and
said he would abstain from voting.
The Deputy Clerk administered the Oath to all persons who
wished to speak at the hearing.
Director Boling explained the request by the owner, Orchid
Quay, LLC, to rezone f 41.95 acres from General Commercial
(CG) to Office Commercial Residential (OCR). He said that
staff and the Planning and Zoning Commission (P&Z)
recommended the Board approve the rezoning request.
County Attorney Dylan Reingold spoke briefly regarding the
ongoing litigation and moving forward with the owner's
request.
The Chairman opened the Public Hearing.
Attorney Bruce Barkett, representing Orchid Quay, LLC,
stressed his client's request to move forward with rezoning. He
said the Board would have no liability if it is rezoned, but there
would be, if the rezoning is not granted because of the owner's
due process rights.
Joseph Paladin, President, Black Swan Consulting and
Entitlements, LLC, requested the vote be tabled until the
litigation is settled.
Bob Johnson, Coral Wind Subdivision, wanted this issue tabled
until the legal action is resolved.
Attorney Lee Goldberg, 12 Inlet Cay Drive, Ocean Ridge,
Counsel for Suncor Bristol Bay (the litigant), spoke about the
rights of first offer and issues that are currently before the
Federal District Court. He did not believe this to be an urgent
matter, and requested the rezoning be tabled until the issue is
resolved in Court.
Attorney Reingold responded to the Commissioners' questions.
Attorney Joshua Prever, Morgan Lewis, Litigation Counsel for
Orchid Quay, LLC, recommended the Board issue a ruling
today to rezone the property.
Board of County Commission Minutes
September 22,2015 Page 8
it
Commissioners O'Bryan and Flescher voiced their opinions.
There being no additional speakers, the Chairman closed the
Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Zorc, by a 4-0 vote (Vice Chairman Solari
abstained), the Board adopted Ordinance 2015-012, amending
the Zoning Ordinance and Zoning Map for approximately
±41.95 acres, located east of U.S. #1 and north of 82"d Street,
from CG, General Commercial District; to OCR, Office,
Commercial, Residential District; and providing codification,
severability, and effective date.
(Clerk's Note: Form 8B Memorandum of Voting Conflict is
attached to these minutes as Addendum B).
3:45 3. Consideration of Proposed Parking Regulations for Vacation
p.m. Rentals ("Ordinance I"); Amending Land Development Regulations
Chapters 901 (Definitions), 911 (Zoning), and 912 (Single-Family
Development)
(memorandum dated August 31, 2015) 173-213
---------------------------------------------------------------------------------------------------------
Legislative
(Clerk's Note: This Item was heard following Item10.A.4, and
placed here for continuity.)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Director Boling provided history and background on Indian
River County's vacation rentals; outlined the current and
proposed regulations at single-family homes; and reviewed the
proposed Ordinance. He said the Planning and Zoning
Commission (P&Z) recommended approval of the Ordinance
without an excess parking space provision; and staff
recommended the Board adopt the Ordinance establishing
vacation rental parking regulations, which would reasonably
accommodate and limit the number of automobiles parked
outside carports and garages at vacation rentals.
Staff addressed the Board's questions and concerns regarding
parking at vacation rentals.
Board of County Commission Minutes
September 22,2015 Page 9
The Chairman opened the Public Hearing.
The following individuals spoke in support of the proposed
Ordinance:
• Bill Waterman, 460 10th Place SW
• Thomas Gilman, 2455 23rd Street, SE
• Carter Taylor, 2235 Silverlands Court, on behalf of the
Southbeach Property Association Executive Committee
and the Indian River Neighborhood Association (IRNA)
Executive Committee, read letter from George Lamborn
(on file)
• Tuck Ferrell, 12546 N. Highway AIA, and President of the
North Beach Civic Association
• Glenn Powell, 12845 Bay Street, Roseland
• Dr. Miles Conway, 2340 South Highway AIA (and to include
P&Z's recommendation)
Commissioner O'Bryan agreed with P&Z, to delete Item 4 of
the proposed Ordinance, approve it as is, and later tweak it
accordingly.
Vice Chairman Solari supported eliminating Item 4 in the
proposed Ordinance.
I
Throughout the hearing, the Commissioners posed questions to
staff and expressed opinions.
i
There being no additional speakers, the Chairman closed the
Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously approved to postpone
taking action and continue the Public Hearing at the October 6,
2015, Board of County Commission meeting.
1:46 4. Commercial Event Ordinance
p.m. (memorandum dated September 14,_2.015)---------------------------------------214-222
--- ---------------------------
Legislative
(Clerk's Note: This Item was heard following Item 12.A.1., and j
placed here for continuity.)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Board of County Commission Minutes
September 22,2015 Page 10
Deputy County Attorney Bill DeBraal recalled the Board's
direction at the May 5, 2015 Board of County Commission
meeting to accept the draft ordinance and direct staff to draft a
separate ordinance that would prevent commercial events at
vacation rentals in single-family residential neighborhoods. He
spoke about residential concerns relating to lighting, noise,
parking, litter, and emergency vehicle access. He reviewed the
proposed ordinance; changes to County Code Sections 901, 911,
and 912; enforcement; and recommended the Board approve
the ordinance.
i
The Commissioners sought and received further information
regarding violations, registered events, contracts, exceptions,
and temporary use permits.
I
The Chairman opened the Public Hearing.
i
The following individuals spoke in support of the proposed
Commercial Event Ordinance:
• Tuck Ferrell, 12546 N. Highway AlA, and President of the
North Beach Civic Association
• Kathleen Taylor, Oceanside Subdivision
• Dr. Peter Fallon, 12930 North AlA, Ambersand Beach
• Glenn Powell, 12845 Bay Street, Roseland
• Carol Lewis Buffum, 1965 Anglers Cove
• John Conway, owner of Sebastian Vacation Rentals, Sebastian
• Joseph Paladin, President of Black Swan Consulting, 6450
Tropical Way
• Attorney Barry Segal, 3096 Cardinal Drive, Suite 2C,
representing Mitchell Dudek
Attorney Reingold read a statement from Daniel Lamson,
Executive Director of the Indian River Neighborhood
Association (IRNA), who supported the Ordinance.
The following individuals spoke in opposition to the proposed
Commercial Event Ordinance:
• Lara Andrews, Event Coordinator and Wedding Planner
• Daniel Tappen, Photographer, 2165 Buena Vista Boulevard
Throughout the hearing, Commissioners posed questions and
expressed opinions.
There being no additional speakers, the Chairman closed the
Public Hearing.
Board of County Commission Minutes
September 22,2015 Page 11
The Board asked Attorney Reingold to add a sentence that
states: the commercial event at a residence will not be a
violation of the code so long as the contract documents are
provided to the Community Development Director by October
31, 2015.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously adopted
Ordinance 2015-013, amending Indian River County Code
Section 901.03 defining Commercial Event at Residence and
Sections 911.15 and 912.18 prohibiting Commercial Events at
Residence, providing for codification; providing for
severability; and providing for an effective date.
The Chairman called for a break at 3:36 p.m., and reconvened
the meeting at 3:45 p.m.,with all members present.
5:02 5. Consideration to Adopt Amendments to County Sea Turtle
p.m. Protection Lighting Regulations (Land Development Regulations
Section 901.03, Definitions, and Section 932.09, Sea Turtle
Protection)
(memorandum dated-September 1-1,_2015)---------------------------------------223-257
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public
Hearing.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved to
postpone taking action and continue the Public Hearing at the
October 13, 2015 Board of County, Commission meeting.
11:12 PUBLIC DISCUSSION ITEMS
a.m. B. (Clerk's Note: This item was heard following Item 10.A.2. and is placed
here for continuity.)
(As a general rule, public discussion items should be limited to matters on i
which the commission may take action.)
1. Request to Speak from Patricia Hunt Regarding Public Awareness,
Advocacy
258
---------------------------------------------------------------------------------------------------------
Board of County Commission Minutes
September 22,2015 Page 12
--------------------------------------------------------------------------------------------------
Patricia Hunt spoke about a meeting she had with Attorney
General Pam Bondi; restated her previous requests for public
records; asked that the Law Library be restored; and requested
that one Commissioner attend the Florida Commission on
Access to Civil Justice meeting scheduled for February 12, 2016.
Attorney Reingold reiterated to Ms. Hunt that the Board of
County Commissioners was not in the position to solve her
issues with the State Attorney's office, the Sheriffs office, or the
Clerk's office.
i
Commissioner O'Bryan recommended she take her complaints
back to Attorney General Bondi's office, if she felt that the State
Attorney's office had not properly addressed her complaints.
The Chairman called a recess from 11:31 a.m. to 1:00 p.m., to
attend a Sebastian River Medical Center Trustee meeting.
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
5:03 A. Florida Association of Counties Ethics Training
p.m. (memorandum dated September 10, 201 259-262
.5)
(Clerk's Note: This Item was heard following Item IO.A.S., and placed
here for continuity.)
County Administrator Joe Baird informed the Board that the Florida
Association of Counties had scheduled an Ethics Training Class
immediately prior to the start of the Florida Association of Counties
Legislative Conference, scheduled for November 17, 2015. He asked
the Commissioners if they wished to attend the Ethics Training Class
and cancel the regularly scheduled Board of County Commission
meeting, or continue with the normal November 17, 2015 Board of
County Commission meeting.
i
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Vice Chairman Solari, to continue with the normal November 17, 2015
Board of County Commission meeting.
A brief discussion ensued regarding the Ethics Training Class, the
option to complete it online, and what might be on the Florida
Association of Counties Legislative Conference's Agenda.
Board of County Commission Minutes
September 22,2015 Page 13
it
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
12. DEPARTMENTAL MATTERS
A. Community Development
1:31 1. Condemnation, Demolition and Removal of Unsafe Structure
p.m. Located at 2 Sunset Drive in the River Edge Subdivision
(memorandum dated September 8 2015) 263-274
- ----- -
(Clerk's Note: This Item was heard after the Board adjourned
from recess).
Building Official Scott McAdam asked for the Board's
consideration to approve the demolition of a vacant, unsecure,
and unsafe structure located at 2 Sunset Drive, in the River
Edge Subdivision, owned by Joseph Sorota.
Director Boling revealed that there were community concerns
about the house; there was a contract on the property; and j
there were outstanding code enforcement liens. He revealed
that the process would stop if the buyer would pull a demolition
permit (Building Permit Application on file).
James Belanger, 4100 Abington Woods Circle, Realtor and
Certified General Contractor, spoke of his plan to obtain the
Demolition Permit; said he had a Purchase and Sale Agreement
for the property, which would be conditioned on the County's
concessions with the Code Enforcement liens; and explained
how he intends to move forward.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2015-119, providing for the demolition of unsafe
structure and the recovery of costs.
B. Emergence Services
None
C. General Services
None
1. Human Services
None
Board of County Commission Minutes
September 22,2015 Page 14
2. Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E. Office of Manap_ement and Budget
None
Public Works
5:05 (Clerk's Note: This item was heard following Item H.A. and is placed
p.m. F.
here for continuity.)
1. 6th Street and 61" Avenue — Pine Tree Park Subdivision — Staff
Follow-up Regarding Traffic Related Comments Made by Joel
Molinari, Jr. at BCC Meeting on 08-18-2015
(memorandum dated September 16, 2015) 275-276
--------------------------------------------------
Public Works Director Chris Mora recalled the Board's
direction from the August 18, 2015 Board of County
Commission meeting, whereby the Board directed staff to
report back with an analysis on the 90-degree curve and options
to improve safety at the intersection of 6`h Street and 61St
Avenue, after Joel Molinari, Jr. voiced traffic safety issues.
Director Mora reviewed and recommended approval of the
traffic sign changes.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved the
traffic signage changes.
5:11 G. Utilities Services
p.m.
1. Upper Floridan Aquifer Modeling and Consumptive Use Permit
Modification
(memorandum dated June 25 2015)----------------------------------------------277-287
Director of Utility Services Vincent Burke provided a timeline
and analysis of the Consumptive Use Permit (CUP); listed the
pros and cons associated with a potential CUP modification;
and reviewed the Work Order with CDM Smith, Inc. for CUP
Board of County Commission Minutes
September 22,2015 Page 15
i
Modification and Upper Floridan Aquifer (UFA) Groundwater
Modeling; and recommended the Board approve the Work
Order.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board unanimously approved and
authorized the Chairman to execute Work Order No. CCNA-
2014-WO No. 3, Consumptive Use Permit Modification and
Upper Floridan Aquifer Groundwater Modeling, for the St.
Johns' River Water Management District.
i
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
5:17 B. Commissioner Bob Solari, Vice Chairman
p.m.
1. Bicycle Safe 66th Avenue
(memorandum dated September 16,_201.5) 288-292
- --------------------------------------------------
Vice Chairman Solari read his Memorandum on page 288 of the
Agenda Packet, and led discussion on a proposal to improve
bicycle safety, along 66th Avenue.
Hugh Aaron, 1994 6th Avenue SE, speaking on behalf of the
Bike Walk Indian River County Board and the bicycle
community, indicated in his PowerPoint presentation the
number of fatalities in Florida, the reasons and advantages for
focusing on dedicated bike lanes on 66th Avenue, and the lack of
connectivity for bicyclists in Indian River County.
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner Flescher, to convert the existing paved
shoulders of the newly constructed portion of 66th Avenue, both
south and north of SR 60, to designated bike lanes; plan for the
extension of 66th Avenue to CR 510 as they go forward,
designated bike lanes, and move forward with the installation of
"Begin Right Turn Lane, Yield to Bikes" signs, where the bike
lane crosses each dedicated right-turn lane along 66th Avenue.
Chairman Davis felt this should be a Countywide policy for all
new roads being constructed.
Board of County Commission Minutes
September 22,2015 Page 16
Director Mora informed the Board that bike signs and symbols
are not mandatory on County and State roads, and the Manual
on Uniform Traffic Control Devices (MUTCD) designates the
placement of bike symbols. He explained that a 40-inch wide
bike symbol would not fit into 40 inches of pavement space, due
to the MUTCD requirement of discernable space between the
line and the symbol.
Administrator Baird suggested adding bike lane symbols where
they will fit.
Director Mora stated that some of the paved shoulders on 66th
Avenue are too narrow to add the symbol, but he would have
staff apply them where they can. He also said that bike lane
signs would be installed where appropriate.
Attorney Reingold clarified the components of the motion:
(1) Director Mora was directed to do whatever can be
reasonably done on 66th Avenue; (2) Metropolitan Planning
Organization (MPO) Director Phil Matson was directed to
obtain better design criteria or alter the criteria for less hurdles
in the future; and (3) the County will incorporate these
improvements onto our roads in the future.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
5:42 1. Indian River Lagoon Council Update
p.m. (memorandum dated September 11,-2015) _____________________293
--- --------------------------- - ----------------
Commissioner Zorc provided an update on the Indian River
Lagoon Council's most recent meeting whereby Duane
DeFreese was hired as the new Executive Director.
10:06 2. Florida Power and Light (FPL) Care to Share Program
a.m. (memorandum dated September _____________________________________________294
--- --------------------------- -11-,-2-0-1-5)- -
This item was heard in conjunction with Item S.G.
Board of County Commission Minutes
September 22,2015 Page 17
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
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
5:44r.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA ...........Wesley S. Davis, Chairman
Clerk of Circuit Court and Com trot t.........
l '* LIM
By: prO*dd: Nc)vemhPr 201
Deputy Clerk
:z,, . � .•'oma'
BCC/LA/2015Minutes
it
i
Board of County Commission Minutes
September 22,2015 Page 18
i