HomeMy WebLinkAbout10/13/2015 BOARD OF COUNTY
COMMISSIONERS
AVER INDIAN RIVER COUNTY, FLORIDA
aell REGULAR MEETING MINUTES
a; TUESDAY, OCTOBER 13, 2015
Commission Chambers
Indian River County Administration Complex
ORI 180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.irceov.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.
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2. INVOCATION Stan Boling, Community Development Director
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3. PLEDGE OF ALLEGIANCE Vice Chairman Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS
9:02 Addition: Emergency Item 5.B. Presentation by Waste Management on Update
a.m. of Garbage and Recycling Transition of Services
Addition: Emergency Item 14.A.1. Roseland Community Building; 12925 83'd
Avenue (Regarding Structural Issues)
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously approved the Agenda as amended.
Board of County Commission Minutes Page 1
October 13,2015
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5. PROCLAMATIONS and PRESENTATIONS
9:03 A. Presentation Entitled "Muck—A Major Source of Nitrogen & Phosphorus in
a.m. the Northern Indian River Lagoon (IRL)" by Dr. John Trefry, Professor of
Marine and Environmental Systems, Florida Institute of Technology
Dr. John Trefry provided a presentation on muck, and how to keep it
out of the Indian River Lagoon. He also provided an update on the
Florida Inland Navigation District dredging project.
9:27 B. Addition: Emergency Item 5.B. Presentation by Waste Management on
a.m. Update of Garbage and Recycling Transition of Service
Alec Pittman and Bob DelaCruz, Waste Management Representatives,
provided an update on the garbage and recycling transition of service;
responded to the Board's concerns; and described their plan of recovery
for problematic issues.
6. APPROVAL OF MINUTES
9:44 A. Regular Meeting of September 15, 2015
a.m.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the regular meeting minutes of
September 15, 2015, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:44 A. St. John's River Water Management District Final Budget for Fiscal Year
a.m. 2015-2016
(letter dated September_22, 2015)---------------------------------------------------------------- 1-4_____
B. Tourist Development Council —Vacancy
(memorandum dated October-7,-201-5) 5-6
Commissioner Flescher pointed out the vacancy on the Tourist
Development Council, and the requirement that the individual be an
owner/operator of a tourist accommodation.
C. Retirement Award and Proclamation Honoring Richard Vidal on His
Retirement From Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Twenty-Six Years of
Service 7-8
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Commissioner O'Bryan announced the retirement of Richard Vidal.
Board of County Commission Minutes Page 2
October 13,2015
8. CONSENT AGENDA
9:47 ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan,
a.m. the Board unanimously approved the Consent Agenda, as written.
A. Approval of Warrants— September 25, 2015 to October 1, 2015
(memorandum dated October 1, 2015) 9-17
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Approved the list of warrants (checks) and electronic payments as
supplied by the Comptroller's office.
B. Intersection Improvement Project #1203 (Oslo Road and 66`h Avenue), Oslo
Road, East of 66`h Avenue, Audrey Graves Sexton
(memorandum dated September 29, 2015) 18-27
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Approved and authorized the Chairman to execute the Agreement to
Purchase and Sell Real Estate with Audrey Graves Sexton, as Trustee of
the Audrey Graves Sexton Trust, for $38,300.52.
C. Consideration of Indian River County's Ship Program Annual Report for State
FY 2013-14 Funding
(memorandum dated October 6, 2015) 28-43
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Approved the State Housing Initiatives Partnership (SHIP) Annual
Report, and authorized the Chairman to execute the Annual Report
Certification for SHIP Program and the Certification for Regulatory
Reform Implementation SHIP Program.
D. Request for Extension of Agreement for Transit Advertising Services
(memorandum dated October 2,2015)---------------------------------------------------------44-80----
---------------------------
Approved the Renewed and Amended Agreement for Transit Advertising
Services with America No Line, LLC dba Eye Level Digital.
E. Interfund Borrowing—Fiscal Year 2014/2015
(memorandum dated October 5 2015)---------------------------------------------------------81-82
Approved interfund borrowing as necessary to cover any cash deficits of
individual funds that may occur.
F. Authorization to Attend Florida SAFE Investment Seminar
(memorandum dated October 6,2015)---------------------------------------------------------83-85
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Authorized the County Administrator and/or staff to attend a free Florida
SAFE Investment Seminar, on October 28, 2015, in Orlando, Florida.
G. Approval of Work Authorization No. 2015-001 to Blue Goose Construction to
complete Water Main Loops to The Highlands and Falcon Trace
(memorandum dated October 5,2015)---------------------------------------------------------86-90
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Approved Work Authorization Directive No. 2015-003, with Blue Goose
Construction, in the amount of$101,954.60.
Board of County Commission Minutes Page 3
October 13,2015
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:48 1. This item was initially considered at a Public Hearing on
a.m. September 22, 2015 which was continued to October 6th, and then
continued to this Board meeting of October 13th:
Consideration of Proposed Parking Regulations for Vacation Rentals
("Ordinance 1"); Amending Land Development Regulations Chapters
901 (Definitions), 911(Zoning), and 912 (Single-Family Development
(memorandum dated October 6, 2015) 91-131
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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 explained the
substance of the proposed Ordinance which will: (1) clarify but
not change the existing allowances for conventional residences
regarding parking; (2) establish and match the State's definition
of a "vacation rental"; and (3) establish more stringent parking
regulations for vacation rentals, compared to allowances for
conventional residences. He reported that the Planning and
Zoning (P&Z) Commission voted 5-1 for the Board to approve
the proposed Ordinance, but without Item 4 - the excess parking
space provision.
The Chairman opened the Public Hearing.
The following individuals spoke in support of the proposed
Ordinance:
• Glenn Powell, 12845 Bay Street, Roseland, supported staff's
proposed ordinance for transient vacation rentals (those who stay
in a vacation rental for less than 30 days), but he did not want it
to be overly restrictive for non-transient rentals (those who stay
in a vacation rental for more than 30 days). He wanted transient
and non-transient rules to be separate.
• David Hunter, City of Vero Beach, supported Mr. Powell's
distinction between the properties of transient and non-transient,
and provided a proposal that other counties use as regulations to
Board of County Commission Minutes Page 4
October 13,2015
conduct inspections of rental properties (on file). He encouraged
the Board to eliminate Item 4, as recommended by P&Z.
• Joe Paladin, President of Black Swan Consulting and
Entitlement, supported P&Z's recommendation to eliminate Item
4; agreed with Mr. Powell's distinctions; and asked the Board to
consider how parking would be enforced.
• Margo Sudnykovych, Real Estate Agent with Coldwell Banker,
explained the different types of tenants and leases in real estate;
spoke about the new parking requirements; and encouraged the
Board to take both recommendations into consideration.
• Glenn Powell stated that vacation rentals do not apply to the
Florida Landlord Tenant Act; they have their own regulations.
The Chairman called for a break at 10:38 a.m., and reconvened
the meeting at 10:48 a.m., with all members present.
• Dr. Miles Conway, 2340 South Highway AlA, wanted Item 4
deleted from the proposed Ordinance. He read statements into
the record from Walter Forman, Carol Lewis Buffum, and other
residents who could not attend this meeting (letters on file).
• Noah Powers, 400 18th Street, on behalf of the Indian River
Neighborhood Association (IRNA) and himself, supported P&Z's
recommendation to not allow excess parking. He also did not
want"flip-flopping" between residential and commercial rentals.
• Tuck Ferrell, 12546 North Highway AIA, President North
Beach Property Owners Association, supported the Ordinance
proposal and showed a picture of illegally parked cars in his
residential neighborhood.
• Carter Taylor, 2235 Silver Sands Court, South Beach, on behalf
of the South Beach Property Association Executive Committee
and the Indian River Neighborhood Association (IRNA)
Executive Committee, read a letter from George Lamborn (on
file), supporting the proposed Ordinance.
The following individual spoke in opposition to the proposed
Ordinance:
• Barry Segal, 3096 Cardinal Drive, Suite 2C, representing
Mitchell Dudek, opposed staffs recommendation, believing the
proposed parking ordinance was redundant, unnecessary, and
event-related. He also felt the proposed Ordinance would
Board of County Commission Minutes Page 5
October 13,2015
infringe on homeowners' property rights, and urged the Board to
table or deny the Ordinance.
Deputy County Attorney Bill DeBraal clarified both the State's
and staff s definition of vacation rentals; and reported that the
County's Code authorizes the Sheriff to enforce parking on State
owned rights-of-way if there is a sign posted. He encouraged the
placement of signs to prohibit parking.
Throughout the hearing, the Commissioners posed questions to
staff and expressed opinions.
There being no additional speakers, the Chairman closed the
Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously adopted Ordinance
2015-014, concerning amendments to its Land Development
Regulations (LDRS); providing for amendments to Chapter 901,
Definitions, Chapter 911, Zoning, and Chapter 912, Single-Family
Development; by amending Section 901.03, establishing the
definition for "Vacation Rental"; by amending General
Provisions Section 911.15(4), Parking or Storage of Vehicles; and
by amending Single-Family Development Section 912.17(2),
Parking or Storage of Vehicles; and by providing for repeal of
conflicting provisions; codification; severability; and effective
date; excluding, Land Development (LDR) Section 2, Item (4)(b)
4., and Section 3, Item (2)(b) 4.
The Chairman called for a break at 12:40 p.m. and reconvened
the meeting at 12:53 p.m., with all members present.
12:53 2. This item was considered at a Public Hearing on September 22,
p.m. 2015, and was Continued to this Board meeting of October 13'h:
Consideration to Adopt Amendments to County Sea Turtle Protection
Lighting Regulations (Land Development Regulations Section
901.03, Definitions, and Section 932.09, Sea Turtle Protection)
(memorandum dated October 1 2015) ______ 132-166__
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING
IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Environmental Planning and Code Enforcement Chief Roland
DeBlois spoke about a code citation to an owner on the barrier
island for sea turtle protection lighting violations during sea turtle
nesting season; the citation being overturned on appeal to the
Board of County Commission Minutes Page 6
October 13,2015
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Code Enforcement Board; and the Board of County
Commissioners' directive at the April 7, 2015 meeting for staff to
draft an ordinance amending Land Development Regulation
Sections 901.03 and 932.09. He reviewed: (1) the proposed
amendment to the County's sea turtle protection lighting
regulations and how it will resolve certain inconsistencies within
the ordinance; and (2) the recommendations of the Planning and
Zoning (P&Z) Commission, the Florida Fish and Wildlife
Conservation Commission, and the U.S. Fish and Wildlife Service
(USFWS). He urged the Board to adopt the proposed ordinance
amendment, and approve the revised language in the annual sea
turtle letter that is sent to beachfront property owners, advising
them of their responsibilities.
Commissioner O'Bryan suggested staff make a presentation to
the Code Enforcement Board, so they will understand the Board's
reasoning and logic.
Chief DeBlois conveyed that tinting the windows would apply to
new development, and would make it more consistent with the
State's model sea turtle lighting ordinance.
The Chairman opened the Public Hearing.
Bob Johnson questioned whether this was a State mandate
requirement, and believed it would be sufficient to support
Federal guidelines.
Dr. Miles Conway, 2340 South Highway AIA, supported the draft
ordinance, and asked that only the dune in the South Beach area
be included.
There being no additional speakers, the Chairman closed the
Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner Zorc, the Board unanimously: (1) adopted
Ordinance 2015-015, concerning amendments to its Land
Development Regulations (LDRS); providing for amendments to
Chapter 901, Definitions, and Chapter 932, Coastal Management;
by amending Section 901.03, revising the definitions of
"Illuminate" and "Tinted or Filmed Glass"; by amending Coastal
Management Section 932.09, Sea Turtle Protection; and by
providing for repeal of conflicting provisions; codification;
severability; and effective date; and (2) approved the revised
language in the sea turtle letter that staff annually sends to
beachfront property owners.
Board of County Commission Minutes Page 7
October 13,2015
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1:31 1. Notice of Scheduled Public Hearings for Upcoming Board
p.m. Meeting of October 20, 2015:
(memorandum dated October 5, 2015) 167
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a. 790 AlA, LLC's Request for Conceptual Planned
Development (PD) Plan and Special Exception Approval for a
Project to be known as Sandy Lane PD
Quasi-Judicial
b. Consideration of an Ordinance to Amend (Update) County
Code Chapter 800, Title VIII, Comprehensive Plan of the Code
of Indian River County
Legislative
County Attorney Dylan Reingold read the Notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
1:32 A. Recruitment of New County Administrator
p.m. (memorandum_dated September 29, 2015) 168-206
County Administrator Joseph Baird recalled the September 15, 2015
Board of County Commission meeting, when staff was directed to develop
timelines and determine the cost of recruiting a new County
Administrator. He revealed that June 30, 2016, would be his last workday,
and he reviewed the options for the Board to consider when recruiting and
selecting his replacement.
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, by a 4-1 vote (Chairman Davis opposed), the Board approved to
advertise the position internally and select an internal candidate.
Commissioner O'Bryan stated that if a good internal candidate is not
found, the Board would move to the next step of advertising externally.
Commissioner Zorc confirmed that 30 days would be the cutoff for
internal candidates, before seeking external candidates.
1:38 At this time, the Chairman invited Mr. Wilson to speak.
p.m.
Charlie Wilson provided a utility update and informed the Board of some
of the changes that the Orlando Utilities Commission (OUC) was planning
to make to the City of Vero Beach Utility contract. He provided Minutes
Board of County Commission Minutes Page 8
October 13,2015
of the July 14, 2015 Orland Utilities Commission meeting (on file).
Board discussion followed.
12. DEPARTMENTAL MATTERS
2:11
p.m.
A. Community Development
1. Consideration of Comprehensive Plan Amendment Options: Water
Connection Policy Change or Urban Service Area Expansion West of
58`h Ave and South of the Main Relief Canal
(memorandum dated October 5, 2015) 207-223
----------------------- ----------------------------------------------------------------------------------
Director
-- -------------------------------------------------------------------------------------------
Director Boling recalled the August 18, 2015 Board of County
Commission meeting, where staff was directed to explore options
to change the water connection policy to add another exception
that would allow Epic Missions f/k/a Christian Outreach
International, Inc. and similar facilities to connect, or expand the
Urban Service Area (USA) to include or touch the Epic Missions
site. He explained why staff believed the USA boundary should
remain unchanged, and the problematic issues with making a
water connection change. He recommended the Board not
change the water connection policy or expand the USA.
A lengthy discussion ensued as the Board made comments and
posed questions to staff.
Paul Munsie, President and co-founder of Epic Missions,
provided background, urged the Board to allow Epic Missions
and nearby similar sites to connect to County water, and offered
to pay for the installation of the water distribution lines.
Kent Hawkins, Minister of Cornerstone Christian Church, a
neighboring site to Epic Missions, encouraged the Board to allow
a water connection.
Louis Schacht, owner of Schacht Groves, a neighboring site,
encouraged the Board to extend the urban service boundary, and
provide urban services. He stated that he would pay for the water
line.
Commissioner Flescher stressed that this would not be an Urban
Service Boundary move.
MOTION WAS MADE by Commissioner Flescher, SECONDED
by Chairman Davis, to direct staff to initiate a Comprehensive
Plan Amendment to chane the water connection policy to allow
g P Y
certain types of use, with costs to be borne by the applicants.
Board of County Commission Minutes Page 9
October 13,2015
Discussion ensued among the Board and with staff.
The Chairman CALLED THE QUESTION, and by a 3-2 vote
(Commissioners O'Bryan and Solari opposed), the Motion
carried.
The Chairman called for a break at 3:13 p.m., and reconvened
the meeting at 3:17 p.m., with Commissioner Zorc absent for the
remainder of the meeting.
B. Emergencv 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
3:17 1. Golf Cart Interfund Loan—Early Payoff
p.m. --(memorandum-dated- October 7, 2015)-------------------------------------------224-229
------------------ - ---
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, the Board by a 4-0 vote (Commissioner Zorc
absent), approved to repay the remaining principal balance
outstanding on November 1, 2015, for $59,747.70, on the
interfund loan from the General Fund for golf carts; and
authorized moving forward with the procurement process for
replacing the existing golf cart fleet.
Board of County Commission Minutes Page 10
October 13,2015
F. Public Works
3:19 1. Update on ORCA Kilroy Units
p.m. (memorandum dated October 2, 2015) 230-234
- - - - ----------------------------------------------------------------------------------------
Stormwater Engineer Keith McCully provided an update on the
Ocean Research and Conservation Association (ORCA) Kilroy
monitoring system. He said they had not yet fulfilled the promise
to provide the one year deliverables under the original
agreement; therefore, he did not believe the new ORCA units
would benefit the County in its compliance efforts with total
maximum daily load (TMDL) applications. He recommended the
Board reject the proposed contract.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board by a 4-0 vote (Commissioner
Zorc absent), approved staffs recommendation to reject the
proposed Ocean Research and Conservation Association (ORCA)
contract, whereby there would be no additional funding.
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Sunset of Enterprise Zone
(memorandum dated October-6,-201-5)------------------------------------------------------_235-280
---------------------------
3:30 County Attorney Reingold recalled that during the August 18, 2015 Board
p.m. of County Commission meeting, the Board directed him to examine how to
prepare for the repeal of the Florida Enterprise Zone Act, which is set to
expire December 31, 2015. He recommended the Board: (1) authorize
him to proceed forward with an Ordinance that would establish a sunset
date of December 31, 2015 in the Ordinance Code; (2) include a deletion of
a reference to the Enterprise Zone within Section 207.02; and (3) direct the
Community Development Department to examine whether any local
incentive programs that deal with the Enterprise Zone should be
maintained.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
O'Bryan, the Board by a 4-0 vote (Commissioner Zorc absent), authorized
the County Attorney to move forward with an Ordinance to sunset the
Florida Enterprise Zone.
MOTION WAS MADE by Vice Chairman Solari to sunset all existing
local Enterprise Zone incentive programs. MOTION DIED for lack of a
Second.
Board of County Commission Minutes Page 11
October 13,2015
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MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to continue to allow the local incentives already in
place to be applied to those businesses that locate into the boundaries of
the Enterprise Zone.
Vice Chairman Solari requested that staff provide the cost to put the
program in place, and report on what the benefits over the last five years
have been.
MOTION WAS AMENDED by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to continue to: (1) allow the local incentives
already in place to be applied to those businesses that locate into the
boundaries of the Enterprise Zone; and (2) direct staff to provide the cost
to put the program in place and how the incentives have been applied in
the Enterprise Zone for the last five years.
The Chairman CALLED THE QUESTION, and by a 3-1 vote (Vice
Chairman Solari opposed and Commissioner Zorc absent), the Amended
Motion carried.
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
1:38 1. Emergency Item 14.A.1. Roseland Community, Building; 12925
p.m. 83rd Avenue (Regarding Structural Issues)
Verna Moreira, representing the Roseland Women's Club, used a
PowerPoint presentation to request the Board's approval for a
complete inspection of the Roseland Community building to see
what can be done to restore, renovate, and/or rebuild the historic
building due to structural issues.
Staff informed the Board that a Structural Engineer had been
hired to determine why the building was sinking, and was
awaiting a report for the repair cost estimates, which will be
brought to the Board within the next few weeks.
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
Board of County Commission Minutes Page 12
October 13,2015
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D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Ememency Services District
The Board reconvened as the Board of Commissioners of the Emergency
Services District. Those Minutes are available separately.
3:54 1. Approval of Minutes Meeting of September 15, 2015
p.m.
2. Approval of Work Order No. 1 for Fire-Rescue Station # 7 (1893 90"
Avenue)
(memorandum dated October 5, 2015) 281-287
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3. Approval of Work Order No. 2 for Renovations on Fire Rescue
Station#1 (1500 Old Dixie)
(memorandum-dated September 29,_2015) 288-297
---------------------------------------------------
4. Radio System Upgrade Purchase for Fire-Rescue Hand-Held Radios
(memorandum-dated-September-28,-2015) 298-301
- ---------------------------------------------------
5. Approval to Enter Into a Technical Service Support Agreement for
Fire-Rescue Division from Physio Control, Inc.
(memorandum dated September 29, 2015) 302-312
- ---------------------------------------------------
15. SPECIAL DISTRICTS AND BOARDS
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
Board of County Commission Minutes Page 13
October 13,2015
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
3:58 p.m.
ATTEST:
JeffrR. Smi , CPA, CGFO, CGMA Bob Solari, Chairman
Clerk of Circuit Court and Comptroller
By: C:S� Approved: NcmreWbpr 17 9015
Deputy Clerk `�jY COA1�j�•
BCC/LA/2015Mmutes .
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Board of County Commission Minutes Page 14
October 13,2015