HomeMy WebLinkAbout11/10/2015BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 10, 2015
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S. Davis, Chairman
Bob Solari, Vice Chairman
Joseph E. Flescher
Peter D. O'Bryan
Tim Zorc
District 1 Present
District 5 Present
District 2 Present
District 4 Present
District 3 Present
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Present
Present
Present
Present
DVD
TIMES
1.
2.
3.
4.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
9:00 A.M.
Commissioner Wesley S. Davis, Chairman
Commissioner Joseph E. Flescher
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
a.m. Flescher, the Board unanimously approved the agenda as presented.
5.
PROCLAMATIONS and PRESENTATIONS
9:02 A. Announcement of National Award for Outstanding Overall Achievement by
a.m. a Small -to -Mid Sized Metropolitan Planning Organization (MPO) Awarded
to the Indian River County MPO on October 21, 2015, by the Association of
Metropolitan Planning Organizations, Washington, D.C.
PACKET
PAGES
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Board of County Commission Meeting
November 10, 2015
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Chairman Davis read and presented the plaque to the Metropolitan
Planning Organization's Staff Director Phil Matson; Chairperson Susan
Adams (City of Fellsmere Mayor); Senior Planners Brian Freeman and
Andrew Sobczak; and Staff Assistant Sharon Schalm. Mrs. Phil Matson
was also present.
The Board Members congratulated and commended MPO staff.
Julianne Price, Indian River County Health Department, also
commended MPO staff.
9:18 B. Presentation of Proclamation Designating November 15 Through November
a.m. 22, 2015, as National Hunger and Homelessness Awareness Week
Commissioner Zorc read and presented the Proclamation to Mary Ellen
McGuire, Executive Director, Homeless Family Center; John Corapi,
Director of Development Salvation Army; and Cindy Hejlik, Chair of
National Hunger & Homeless Awareness Week.
9:25 C. Presentation of Proclamation Designating November, 2015 as the Gifford
a.m. Youth Orchestra Month in Indian River County
Commissioner Flescher read and presented the Proclamation to
Reverend Dr. Crystal Bujol, Founder and Artistic Director, Gifford
Youth Orchestra, who was accompanied by Johnny May Perry, Chief
Operations Officer, and Freddie Woolfork, who has been involved with
the organization since its inception.
Dr. Bujol invited everyone to attend the 12th Anniversary Concert to be
held at the Gifford Community Center on Saturday, November 14,
2015.
6. APPROVAL OF MINUTES
9:39 A. Regular Meeting of October 6, 2015
a.m.
7.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously approved the Regular Meeting Minutes of
October 6, 2015 as written.
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:40 A. Florida Forest Service
a.m. (memorandum dated October 30, 2015) 6-8
4
5
Board of County Commission Meeting Page 2
November 10, 2015
Vice Chairman Solari acknowledged the work done by the Florida
Forest Service at the North Sebastian Conservation Area.
9:41 B. Retirement Award and Proclamation Honoring Randy Valentino on His
a.m. Retirement From Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue With Thirty -One Years of
Service
Commissioner O'Bryan recognized Randy Valentino for his years of
service with the Department of Emergency Services.
8.
CONSENT AGENDA
9:41 ON MOTION by Commissioner Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda.
A. Approval of Checks and Electronic Payments — October 23, 2015 to October
29, 2015
(memorandum dated October 30, 2015)
Approved the list of warrants (checks) and electronic payments as
supplied by the Comptroller's office.
B. Internal Audit Division of the Clerk's Office
(memorandum dated November 4, 2015)
Accepted the third annual report of the Internal Audit Division of the
Clerk's Office.
C. Local Option Gas Tax Florida Department of Revenue Confirmation
(memorandum dated November 3, 2015)
Authorized the Chairman to execute the letter to the Florida
Department of Revenue.
D. Escheated Properties Located Within the Municipal Boundaries of the City
of Fellsmere
(memorandum dated October 22, 2015)
Authorized the Chairman to execute the two County Deeds conveying
the properties at: (1) 187 S. Oleander Street; and (2) 1005 Vernon
Street, both in Fellsmere, Florida, to the City of Fellsmere, pursuant to
Section 197.592(3), Florida Statutes.
E. M.A.C.E. (Multi -Agency Criminal Enforcement Unit), Project Generated
Income (PGI), Miscellaneous Budget Amendment 001
(memorandum dated November 4, 2015)
Approved the utilization of Project Generated Income (PGI) totaling
$137,649.07, which represents remaining funds in the Multi -Agency
Criminal Enforcement Unit (M.A.C.E.) PGI Fund from interest
earnings and PGI not reported to the Florida Department of Law
Enforcement (FDLE); and approved Resolution 2015-125, amending the
Fiscal Year 2015-2016 Budget.
9-10
11-19
20-21
22-24
25-28
29-49
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November 10, 2015
9.
F. G & C Holland Vero Investors, LLC Request for Release of Easements at
1180 US Highway 1 (Casa Rio Subdivision)
(memorandum dated October 29, 2015)
Approved Resolution 2015-126, releasing easements on Lots 1 and 22,
Block 2, Casa Rio Subdivision.
G. 26th Street -Advance Acquisition of Right -of -Way, 2625 54th Avenue,
Michael J. and Lisa B. Giessert
(memorandum dated October 27, 2015)
Approved and authorized the Chairman, on behalf of the Board, to
execute the Contract for Sale and Purchase of the Giessert property for
$233,000.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:42 A. Indian River County Tax Collector Carole Jean Jordan,CFC
a.m. Annual Fiscal Report for the Fiscal Year Ended September 30, 2015
(memorandum dated October 30, 2015)
Carole Jean Jordan, Tax Collector, presented the Board with the Fiscal
Year 2014-2015 Financial Report, and a check in the amount of
$2,646,564 in excess fees. She was accompanied by Brenda Doninger-
Bradley, Tax Collector's Office.
Ms. Jordan announced that the concealed weapons permit room at the
Tax Collector's office has been completed.
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously accepted the Indian River County Tax
Collector Carole Jean Jordan's Financial Report for Fiscal Year 2014-
2015.
9:52 B. Indian River County Sheriff Deryl Loar
a.m.
1. Annual Fiscal Report for the Fiscal Year Ended September 30, 2015
(letter dated November 4, 2015)
Sheriff Loar presented the Board with the Fiscal Year 2014-2015
Financial Report.
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, the Board unanimously accepted the Indian
River County Sheriff Department's Financial Report for Fiscal
Year 2014-2015.
50-56
57-65
66-70
71-72
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November 10, 2015
9:53 2. Department of Justice, Bureau of Justice Assistance State Criminal
a.m. Alien Assistance Program (SCAAP) FY 2015 Award
(letter dated October 27, 2015)
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved for a
check in the amount of $36,918.04 to be deposited into the
Sheriff's Department's Corrections Operating Expenses.
9:54 C. Indian River County Property Appraiser David C. Nolte, ASA
a.m. Annual Fiscal Report for the Fiscal Year Ended September 30, 2015
(letter dated October 30, 2015)
73-74
75-81
ON MOTION by Vice Chairman Solari, SECONDED by Chairman
Davis, the Board unanimously accepted the Indian River County
Property Appraiser's Financial Report for Fiscal Year 2014-2015, as
presented on pages 76 through 81 of the Agenda Package.
9:54 D. Indian River County Clerk of Circuit Court & Comptroller Jeffrey R.
a.m. Smith, CPA, CGFO, CGMA
Annual Fiscal Report for the Fiscal Year Ended September 30, 2015
(letter dated October 28, 2015)
Clerk of the Circuit Court and Comptroller Jeffrey Smith presented the
Annual Financial Report for Fiscal Year 2014-2015, and gave the Board
of County Commissioners a check in the amount of $10,817.86
representing excess fees for non -court operations, plus reimbursement
for the workers' compensation premium. Mr. Smith thanked County
staff for working closely with the Clerk's office this past year, and
acknowledged the Board for their support of the new software packages
for processing minutes (Granicus), and records retention (Laserfiche).
ON MOTION by Vice Chairman Solari, SECONDED by Commissioner
Flescher, the Board unanimously accepted the Indian River County
Clerk of Circuit Court and Comptroller's Report for Fiscal Year 2014-
2015.
9:55 E. Indian River County Supervisor of Elections Leslie R. Swan
a.m.
1. Annual Fiscal Report for the Fiscal Year Ended September 30, 2015
(letter dated October 28, 2015)
Supervisor of Elections Leslie Swan presented the Annual
Financial Report for Fiscal Year 2014-2015, and gave the Board
of County Commissioners a check in the amount of $31,876.71
in excess fees.
ON MOTION by Commissioner Flescher, SECONDED by
Chairman Davis, the Board unanimously accepted the Indian
River County Supervisor of Elections' Financial Report for
82-84
85-89
Board of County Commission Meeting Page 5
November 10, 2015
9:58
a.m.
10.
9:59
a.m.
11.
Fiscal Year 2014-2015.
2. Help America Vote Act (HAVA) Federal Election Activities Funds
Certificate Regarding Matching Funds
(letter dated October 23, 2015)
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved the
County match of $2,462.73 for the Federal Election Activities
Grant, and authorized the Chairman to execute the Certificate
Regarding Matching Funds to the Supervisor of Elections.
PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing December 1, 2015:
County Initiated Request to Amend the 5 Year Capital
Improvements Program and Supporting Data and Analysis of the
Capital Improvements Element of the Comprehensive Plan
Legislative
(memorandum dated October 28, 2015)
County Attorney Dylan Reingold read the notice into the
record.
The Chairman called a recess at 10:00 a.m. and reconvened the
meeting at 10:08 a.m., with all members present.
COUNTY ADMINISTRATOR MATTERS
10:09 A. Appeal by Impact Fee Consultants of a Decision by the County
a.m. Administrator to Deny Requests for Refund of School Impact Fees Paid in
2008
Administrative
(memorandum dated October 28, 2015)
Director of Community Development Stan Boling gave a PowerPoint
Presentation providing background and analysis on the request of
Charles Wilson, Impact Fee Consultants, for the County to appeal a
decision made by the County Administrator to deny Mr. Wilson's
request for a refund of forty (40) School Impact Fees which were paid in
2008. Staff had determined that the impact fees collected in 2008 were
90-94
95
96-195
Board of County Commission Meeting Page 6
November 10, 2015
spent in accordance with the impact fee law and there was no basis for
refund, and County Administrator Joseph Baird had upheld staff's
conclusion. Director Boling disclosed that Mr. Wilson was appealing the
County Administrator's decision to the Board of County
Commissioners, and that staff's recommendation was for the Board to
uphold said decision and deny the refunds.
County Attorney Dylan Reingold recapped that the School Impact Fees
must be spent on capital improvements necessitated by growth and
development.
Steve Tindale, Tindale -Oliver & Associates, continued the PowerPoint
Presentation to review the "Dual Rational Nexus" for the expenditure of
School Impact Fees, and confirmed that the County has met the
requirements for expenditure of the 2008 fees.
Scott Sanders, Director of Facilities Planning and Construction, Indian
River County School District, assumed the PowerPoint Presentation, to
describe the school projects that have been done with impact fees, as
well as a current classroom expansion at Citrus Elementary School.
Throughout the presentations, the Board posed questions to staff and
expressed opinions regarding the School Impact Fees.
Charles Wilson, President, Impact Fee Consultants, addressed the
Board with his arguments that the School Impact Fees that his clients
paid in 2008 were not expended in accordance with certain
requirements of School Impact Fee law. He stated that the impact fees
could not be used to build more student stations when there is unused
capacity within the school system.
A lengthy discussion followed as the Board, staff, Mr. Tindale, Mr.
Sanders, and Mr. Wilson continued to comment and pose questions on
School Impact Fees.
Joseph Paladin, Black Swan Consulting and Entitlement, remarked that
the County could not give the refunds if the school impact fees were
expended properly.
Additional discussion ensued, with input from Mr. Sanders, about
school capacity and student stations.
Mr. Wilson reiterated his stance that the impact fee money was not
spent in accordance with impact fee law.
Board of County Commission Meeting Page 7
November 10, 2015
12.
13.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously upheld the County
Administrator's decision to deny requests for refund of school impact
fees paid in 2008.
The Chairman called a recess at 12:38 p.m., and reconvened the meeting
at 12:48 p.m., with all members present.
DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
Community Development
None
Emergency Services
None
General Services
None
1.
2.
3.
Human Services
None
Sandridge Golf Club
None
Recreation
None
Human Resources
None
Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
COUNTY ATTORNEY MATTERS
12:48 A. Treasure Coast Regional Planning Council 2016 Legislative Priorities
p.m. (memorandum dated October 28, 2015)
Board of County Commission Meeting
November 10, 2015
196-198
Page 8
14.
County Attorney Dylan Reingold announced that Michael Busha,
Executive Director of the Treasure Coast Regional Planning Council
(TCRPC), was seeking the Board's input on the Council's proposed
legislative priorities for 2016. He announced that the TCRPC's theme
for this year is "Restore the Everglades and Eliminate Harmful
Freshwater Discharges into the St. Lucie River Estuary and Indian
River and Lake Worth Lagoons," and recapped several of the ten
initiatives on their proposed priority list.
Vice Chairman Solari advocated selecting one item from the TCRPC's
list as the legislative priority — Bullet Item 6: "...adequately funding
local government efforts to comply with Total Maximum Daily Load
regulations and targets contained in the Florida Department of
Environmental Protection Basin Management Action Plans."
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to recommend to the Treasure Coast Regional
Planning Council that they focus on one legislative priority as presented
in Bullet Item 6 of the Council's 2016 Legislative Priorities list:
"...adequately funding local government efforts to comply with Total
Maximum Daily Load regulations and targets contained in the Florida
Department of Environmental Protection Basin Management Action
Plans."
Commissioner O'Bryan preferred to keep all of the projects listed on
the legislative priority list.
The Chairman CALLED THE QUESTION and by a 4-1 vote
(Commissioner O'Bryan opposed), the Motion carried.
Attorney Reingold stated that he would advise Mr. Busha of the Board's
recommendation.
COMMISSIONERS MATTERS
12:52 A.
p.m.
Commissioner Wesley S. Davis, Chairman
1. Future Parking for Historic Dodgertown
(memorandum dated November 4, 2015) 199
Chairman Davis reported that the City of Vero Beach is selling
the former Dodgertown Golf Course, and spoke to other possible
changes in and around Historic Dodgertown. He stated that
future expansion in the area may generate the need for additional
parking, and stressed that the funding for any future
improvements should come from sources other than the one -cent
local option sales tax. He also wanted staff to confirm that the
business model for Historic Dodgertown is working well.
Board of County Commission Meeting Page 9
November 10, 2015
15.
B.
C.
D.
E.
A discussion ensued, with input from County Administrator
Joseph Baird, about funding options for possible future
improvements.
County Administrator Baird confirmed that the President and
Vice President of Historic Dodgertown have kept the County well
informed regarding operations at the facility.
The Board CONSENSUS was for staff to: (1) explore the potential
need and options for additional parking at Historic Dodgertown;
(2) confirm that the business model at Historic Dodgertown is
doing well; and (3) seek funding sources other than the one -cent
local option sales tax for any future improvements.
Commissioner Flescher discussed the resurgence of Dodgertown,
and acknowledged that increased parking might be important in
the future.
At this time, the Commissioners thanked and commended
outgoing Board Chairman Commissioner Wesley S. Davis on his
leadership over the past year.
Commissioner Bob Solari, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
Commissioner Tim Zorc
None
SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:04 p.m.
Board of County Commission Meeting Page 10
November 10, 2015
ATTES
Jeffrey R. Smith, CP
Clerk of Circuit Co
CGFO, CGM
and Com. oief
B •
BCC/MG/2015Minutes
Board of County Commission Meeting Page 11
November 10, 2015