HomeMy WebLinkAbout12/08/2015BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, DECEMBER 8, 2015
Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Bob Solari, Chairman
Joseph E. Flescher, Vice Chairman
Wesley S. Davis
Peter D. O'Bryan
Tim Zorc
District 5 Present
District 2 Present
District 1 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' CALL TO ORDER
2.
3.
4.
INVOCATION
PLEDGE OF ALLEGIANCE
9:00 A.M.
Reverend Steve Jones, Vero Christian Church
Commissioner Bob Solari, Chairman
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
a.m. Davis, the Board unanimously approved the Agenda as presented.
5.
PROCLAMATIONS and PRESENTATIONS
9:25 A. Presentation by Tracy Levy, Director of Development, SafeSpace
a.m.
PACKET
PAGES
Board of County Commission Meeting
December 8, 2015
Page 1
II
6.
(Clerk's Note: This item was heard following Item 10.C, and is placed
here for continuity).
SafeSpace's Director of Development Tracy Levy and Rural Outreach
Coordinator Cidanelia Brozenick spoke about the services provided by
SafeSpace, and thanked the Clerk of Circuit Court and Comptroller
Jeffrey R. Smith for the office provided for them at the Courthouse.
Clerk of Circuit Court and Comptroller Jeffrey R. Smith spoke on the
issue of domestic violence.
APPROVAL OF MINUTES
9:03 A. Regular Meeting of November 10, 2015
a.m.
7.
8.
B. Regular Meeting of November 17, 2015
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously approved the
Regular Minutes of November 10, 2015 and November 17, 2015, as
written.
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. 2016 Commissioner Committee Assignments
(memorandum dated November 30, 2015) 1-3
B.
C.
2015-16 Appointments to the Treasure Coast Regional Planning Council
(TCRPC)
(memorandum dated December 1, 2015)
4-5
Indian River County District School Board Committee Appointments 6-9
D. Florida Department of State Minority Appointment Reporting Calendar
Year 2014
(memorandum dated November 24, 2015)
CONSENT AGENDA
9:03 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
a.m. Davis, the Board unanimously approved the Consent Agenda as presented.
A. Approval of Checks and Electronic Payments — November 20, 2015 to
November 24, 2015
(memorandum dated November 25, 2015)
Approved the list of warrants (checks) and electronic payments as
supplied by the Comptroller's office.
10-19
20-26
Board of County Commission Meeting Page 2
December 8, 2015
B.
C.
D.
E.
F.
G.
H.
Out of County Travel to attend the Florida Shore and Beach Preservation
Association Conference
(memorandum dated December 2, 2015)
Authorized out of County travel for Commissioners and staff to
attend the Florida Shore and Beach Preservation Association
Conference in Jacksonville, Florida, February 3 through 5, 2016.
FY 2014-2015 Records Disposition Compliance Statement and Records
Management Liaison Officer Form — Board of County Commission
(memorandum dated December 2, 2015)
Authorized the Chairman to execute the Records Management
Compliance Statement for Fiscal Year 2014-2015 for the Indian River
Board of County Commission.
First Addendum to Amended Developer's Agreement with DiVosta
Homes, L.P. for Waterway Village
(memorandum dated November 30, 2015)
Approved and authorized the Chairman to execute the First
Addendum to Amended Developer's Agreement with DiVosta Homes,
L.P. for Waterway Village.
Declaration of Excess Equipment as Surplus for Sale or Disposal
(memorandum dated November 24, 2015)
Declared the items on the Excess Equipment List as surplus and
authorized their sale and/or disposal.
Adoption of Revised Purchasing Manual
(memorandum dated November 24, 2015)
Concurred with the proposed changes to the Purchasing Manual.
Amendment No. 2 — FDEP Grant Agreement No. 14IR2, Sector 3 Dune
Repair Project
(memorandum dated November 30, 2015)
Approved Amendment No. 2 to the Florida Department of
Environmental Protection Grant Agreement No. 141R2 and
authorized the Chairman to execute two (2) copies of the Agreement
on behalf of the County.
Miscellaneous Budget Amendment 006
(memorandum dated December 2, 2015)
Approved Resolution 2015-135 amending the Fiscal Year 2015-2016
Budget.
27-28
29-39
40-45
46-48
49-89
90-123
124-128
Board of County Commission Meeting Page 3
December 8, 2015
9.
I.
Request for Burnett Lime Inc. Sole Source Vendor for Lime Slurry
(memorandum dated November 30, 2015)
Authorized the Purchasing Department to use Burnett Lime Company
as the sole source provider for lime slurry which is used in the finish
water stabilization system at both water treatment plans.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:04 A. Indian River County Sheriff Dervl Loar
a.m. Proposed FY 2015/2016 Budget for Mental Health Court
(letter dated December 2, 2015)
Sheriff Deryl Loar requested that the Board approve funding for the
Mental Health Court.
10.
9:04
a.m.
ON MOTION by Commissioner Davis, SECONDED by Vice
Chairman Flescher, the Board unanimously approved the proposed
Fiscal Year 2015-2016 budget for Mental Health Court.
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Alfred and Betty Sammartino's Request to Rezone ± 1.98 Acres
from CH to CG
(memorandum dated December 1, 2015)
Quasi Judicial
Proof of Publication of Advertisement for Hearing is on file in the
Office of the Clerk to the Board.
The Commissioners, as requested by the Chairman, disclosed
that there had been no ex parte communications, site visits, or
independent investigations. Each Commissioner affirmed that
he had an open mind and was able to base his decision on the
evidence presented and the applicable law.
The Deputy Clerk administered the Oath to all persons who
wished to speak at the hearing.
Community Development Director Stan Boling, through a
PowerPoint Presentation, provided background and analysis
on the request of Alfred and Betty Sammartino to rezone the
southeast corner of Oslo Road and Old Dixie Highway
Southwest from Heavy Commercial (CH) to General
Commercial (CG).
He noted that the Dollar General store has plans to locate on
the subject site, and relayed the recommendations of the
Planning and Zoning Commission and staff for the Board to
approve the rezoning request.
129-130
131-132
133-175
Board of County Commission Meeting Page 4
December 8, 2015
Commissioner O'Bryan posed questions regarding traffic
patterns and trip generation rates. He also inquired about the
status of the County's Heavy Commercial properties.
Director Boling addressed his questions.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, sought and received
confirmation that the local community had received notice
about the rezoning, and remarked on the structure of the
Planning and Zoning Commission.
Jeremy Anderson, Hanlex Oslo, LLC, representing the
Sammartino's, clarified where the driveway access points
would be to the proposed Dollar Store.
There were no additional speakers, and the Chairman closed
the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Zorc, the Board unanimously adopted
Ordinance 2015-020, amending the Zoning Ordinance and the
accompanying Zoning Map for approximately ±1.98 acres
located at the Southeast corner of Old Dixie Highway SW and
9th Street SW, from CH, Heavy Commercial District, to CG,
General Commercial District; and providing codification,
severability, and effective date.
A brief discussion followed on the possibility of streamlining
these types of rezoning requests.
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
9:24 1. Notice of Scheduled Public Hearing December 15, 2015:
a.m. Ron Taylor's Request for Abandonment of a 30' Wide Right -of -
Way Lying South of Lot 5, Block B of the Green Acres Estates
Subdivision (Legislative)
(memorandum dated November 25, 2015)
11.
Attorney Reingold read the notice into the record.
COUNTY ADMINISTRATOR MATTERS
None
Board of County Commission Meeting Page 5
December 8, 2015
12.
DEPARTMENTAL MATTERS
A. Community Development
9:33 1. Consideration of Allowing Farmer's Market (Food and Produce)
a.m. Events in Gifford
(memorandum dated December 1, 2015)
177-185
Community Development Director Stan Boling reported that
Action Item 6.5, the allowance of food and produce vendors
for weekend markets and special events in designated areas of
Gifford (subject to temporary use regulations), has been
incorporated into the Gifford Neighborhood Plan. He stated
that staff would need to hold at least one Gifford Community
workshop meeting to get community input, and it was staff's
recommendation for the Board to direct staff to move forward
with the Land Development Regulation amendment process to
review and consider farmer's market regulations for Gifford.
Vice Chairman Flescher spoke in support of the proposition,
and noted that the old Brownfields site in Gifford might be a
suitable location.
Commissioner Davis wondered whether this initiative could be
looked at countywide.
Chairman Solari advocated waiving the permit application fee
and making the process as simple as possible.
Director Boling advised that a temporary use permit is
currently $75.00.
Chairman Solari was concerned that the fee would be a
deterrent, but stated this could be discussed another time.
Julianne Price, Indian River County Department of Health,
spoke in support of staff's recommendation.
Freddie Woolfork, 4590 57th Avenue, supported the proposal,
and stressed the importance of offering the residents a safe
location and products. He also relayed the support of Joe
Idlette III, Progressive Civic League of Gifford, for the
farmer's market concept.
Discussion ensued between the Board and staff on what types
of items could be sold at a farmer's market, and what the
potential liability would be for events held on County
property.
Board of County Commission Meeting Page 6
December 8, 2015
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Zorc, the Board unanimously directed staff to
initiate the formal process for reviewing and considering
adoption of the proposed Gifford farmer's market regulations,
including a Gifford community workshop as part of the review
process.
9:51 2. Consideration of the Gifford Neighborhood Plan Annual Report
a.m. Card for 2015
(memorandum dated December 1, 2015)
12.
186-208
Community Development Director Stan Boling, through a
PowerPoint Presentation, presented the Gifford Neighborhood
Plan (GNP) Annual Report Card for 2015.
Chairman Solari and citizens Freddie Woolfork, Linda
Morgan (3986 46th Street), and Tony Brown (4159 57th Court)
extended kudos to those who have helped make the Gifford
Neighborhood Plan so successful.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Davis, the Board unanimously accepted the
Gifford Neighborhood Plan 2015 implementation report card.
DEPARTMENTAL MATTERS
B.
C.
D.
E.
Emergency Services
None
General Services
None
1.
Human Services
None
2. Sandridge Golf Club
None
3.
Recreation
None
Human Resources
None
Office of Management and Budget
None
Board of County Commission Meeting Page 7
December 8, 2015
9:59
a.m.
13.
F. Public Works
1. Resolution Opposing Seismic Airgun Testing in the Atlantic
Ocean
(memorandum dated December 1, 2015)
G.
209-217
Director of Public Works Chris Mora stated that the Bureau
of Ocean Energy Management (BOEM)'s proposal to employ
seismic airgun testing for offshore oil and gas might have
detrimental impacts on marine life. He asked the Board to
consider a Resolution opposing seismic Airgun testing and
supporting lower -impact alternative technologies for energy
exploration in the ocean.
Chairman Solari pointed out that BOEM's experts have stated
there was no documented scientific evidence that the noise
from the airguns would adversely affect the marine animal
population.
Commissioner O'Bryan pointed out that BOEM's study
indicated that the noise could affect migration patterns.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board (by a 3-2 vote
(Commissioners Solari and Davis opposed), supported the
Beach and Shore Preservation Advisory Committee's request
and approved Resolution 2015-136, opposing seismic airgun
testing in the Atlantic Ocean.
Utilities Services
None
COUNTY ATTORNEY MATTERS
10:04 A.
a.m.
Request for Closed Attorney -Client Session Relating to Indian River
County et al. vs. Peter M Rogoff et al. and AAF Holdings, LLC (Case
No.: 1:15-cv-00460-CRC) and Indian River County v. Florida
Development Finance Corporation and AAF Holdings LLC (Case No.
2015 AP 40)
(memorandum dated December 1, 2015)
218
Board of County Commission Meeting Page 8
December 8, 2015
County Attorney Dylan Reingold presented staffs recommendation
for the Board to schedule a closed attorney-client session to discuss
two cases associated with the proposed All Aboard Florida (AAF)
project, for December 15, 2015, at 10:30 a.m.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously scheduled a closed
attorney-client session regarding Indian River County et al. vs. Peter
M. Rogoff et al. and AAF Holdings, LLC (Case No.: 1:15-cv-00460-
CRC) and Indian River County v. Florida Development Finance
Corporation and AAF Holdings LLC (Case No. 2015 AP 40), to occur
on Tuesday, December 15, 2015, at 10:30 a.m. in the County
Commissioners' conference room.
10:06 B. Lobbyist for 2016 Legislative Session
a.m.
10:08 C.
a.m.
(memorandum dated November 25, 2015) 219-222
Attorney Reingold reported that the County's contract with Anfield
Consulting Group, Inc. for lobbying services will expire on December
31, 2015. He provided funding details, spoke of the group's work on
behalf of the County, and presented staff's recommendation for
Board approval of the renewed contract.
ON MOTION by Commissioner Zorc, SECONDED by Commissioner
O'Bryan, the Board unanimously entered into the proposed
agreement with Anfield Consulting Group, Inc., for lobbying services
for the term of January 1, 2016 to December 31, 2016 and authorized
the County Administrator to execute the agreement with Anfield
Consulting Group, Inc.
Approval of Amendment to Declaration of Restrictive Covenants from
Property Exchange with Windsor Properties at the former Golden Sands
Park
(memorandum dated December 2, 2015)
223-247
Deputy County Attorney Bill DeBraal presented background and
conditions on Windsor Properties' request to reconfigure two
oceanfront lots for estate homes, and to consolidate two oceanfront
estate lots for seven "cottage homes". He stated that the proposed
amendment will not increase the overall Planned Development
density.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Zorc, the Board unanimously directed staff to: (1)
coordinate with all interested parties and prepare an amendment to
the Declaration of Restrictive Covenants by Windsor Properties,
permitting the density change; and (2) have the proposed Planned
Development (PD) change/replat and the amendment of the
Declaration of Restrictive Covenants proceed through the approval
process at the same time.
Board of County Commission Meeting Page 9
December 8, 2015
14.
10:13
a.m.
COMMISSIONERS MATTERS
A.
Commissioner Bob Solari, Chairman
1. Discussion regarding proposal to fund Visit Florida
(memorandum dated December 2, 2015)
Chairman Solari reported on a proposal being considered by
the House of Representatives' tax committee, which would
mandate that 20% of locally -collected Tourist Development
tax revenues are diverted from local communities to fund the
tourist industry marketing corporation, Visit Florida.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Chairman Solari, to direct staff to track the
proposed Tourist Tax legislation, and draft a Resolution of
opposition to same.
Assistant County Attorney Kate Pingolt-Cotner asked if the
Board also wanted to oppose proposed legislation allowing
10% of Tourist Development taxes to be used for tourism -
related law enforcement costs.
Commissioner O'Bryan stated that it might be premature to
draft a Resolution since neither proposal has become an actual
bill, but agreed that this issue should be monitored.
Further discussion ensued as the Board determined that it
would be appropriate to go ahead and draft a Resolution
stressing the County's home rule authority and opposing
mandatory funneling of Tourist Development Taxes away
from the local community.
MOTION WAS AMENDED by Vice Chairman Flescher,
SECONDED by Chairman Solari, to direct the County
Attorney's office to track any proposed legislation which
would mandate the diversion of Tourist Development tax
funds from local communities, and to draft a Resolution
declaring the Board's support for the State to leave the
Tourist Development Tax as is and not infringe on the
County's home rule authority; and the Board's opposition to
any State mandate that the County divert Tourist
Development Tax Funds away from the local community.
The Chairman CALLED THE QUESTION and the Amended
Motion carried unanimously.
County Attorney Dylan Reingold stated that the draft
Resolution would be brought before the Board at the
December 15, 2015 County Commission meeting.
248-251
Board of County Commission Meeting Page 10
December 8, 2015
10:32
a.m.
16.
B.
C.
4. Approval of FY 2015/16 EMS County Awards Grant: Purchase
of Capital/Operating Equipment Using Non -Matching EMS Grant
Funds and Grant Resolution
(memorandum dated December 1, 2015)
292-304
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 November 17, 2015
2. FY 2014-2015 Records Disposition Compliance Statement and
Records Management Liaison Officer Form — Solid Waste
Disposal District
(memorandum dated December 2, 2015)
305-307
Environmental Control Board
None
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
10:33 a.m.
ATTEST:
`a.-&
Jeffrey R. Smith, CPA, CGFO, CGMA Bob Solari, Chairman
Clerk of Circuit and Comptrolle
eputy
BCC/MG/2015Minutes
Approved: JAN 1 2 2015
Board of County Commission Meeting Page 12
December 8, 2015