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11
COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, FEBRUARY 16, 2016
Commission Chambers
Indian River County Administration Complex
180127 th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Bob Solari, Chairman
District 5
Present
Joseph A. Baird, County Administrator Present
Joseph E. Flescher, Vice Chairman
District 2
Present
Dylan Reingold, County Attorney Present
Wesley S. Davis
District 1
Present
Jeffrey R. Smith, Clerk of the Circuit
Peter D. O'Bryan
District 4
Present
Court and Comptroller
Tim Zorc
District 3
Present
Maureen Gelfo, Deputy Clerk
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Department
3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Vice Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:01 Delete: Item 10.11.1. Request to Speak from Gifford Economic Development
a.m. Council Regarding Historic Society Proclamation
ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman
Flescher, the Board unanimously approved the agenda as amended.
Board of County Commission Meeting Page 1
February 16, 2016
5. PROCLAMATIONS and PRESENTATIONS
9:02 a.m. A. Presentation of Proclamation and Retirement Award Honoring Wesley
Monnin on His Retirement from Indian River County Board of County
Commissioners Department of Emergency Services/Fire Rescue with Thirty -
One Years of Service 1-2
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Chairman Solari read and presented the Proclamation and Retirement
Award to Wesley Monnin.
9:10 a.m. B. Presentation of Proclamation Designating the Week of February 14 — 20,
2016, as Through With Chew Week 3
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Commissioner Zorc read and presented the Proclamation to Leslie
Spurlock, Tobacco Prevention Specialist; and Maaike VanLis, Students
Working Against Tobacco.
9:18 a.m. C. Presentation by Margaret Ann Mitchell, District Secretary, on behalf of
Representative Debbie Mayfield, District 54, Honoring Freddie Woolfork
and CPL Sylvester McIntosh ----
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Margaret Ann Mitchell, on behalf of the State of Florida, read and
presented the tributes to Freddie Woolfork and Corporal Sylvester
McIntosh, respectively.
9:39 a.m. D. Presentation of Proclamation Honoring CSM Joseph Brown
4
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Vice Chairman Flescher read and presented the Proclamation to
Command Sergeant Major Joseph Brown.
9:45 a.m. E. Presentation of Proclamation Honoring Kathryn Armstrong Wilson
5
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Commissioner O'Bryan read and presented the Proclamation to
Kathryn Armstrong Wilson.
9:50 a.m. F. Presentation of Proclamation Honoring Marcus Jerome Sanders
6
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Vice Chairman Flescher read and presented the Proclamation to
Marcus Jerome Sanders.
9:56 a.m. G. Presentation of Proclamation Honoring Leroy Smith
7
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Commissioner Davis read and presented the Proclamation to Leroy
Smith.
6. APPROVAL OF MINUTES
None
Board of County Commission Meering Page 2
February 16, 2016
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
10:06 A. 2016 Election of Environmental Control Hearing Board Chairman and Vice
a.m. Chairman
(memorandum dated February 5, 2016) 8
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Noted for the record was the re-election of Richard Cahoy as
Chairman, and Kevin Rollin as Vice Chairman, of the Environmental
Control Hearing Board for the year 2016.
10:06 B. Proclamation and Retirement Award Honoring Lester Tyson on His
a.m. Retirement from Indian River County Board of County Commissioners
Department of Emergency Services/Fire Rescue with Twenty -Seven Years
of Service 9-10
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Commissioner O'Bryan recognized Lester Tyson on his retirement.
8. CONSENT AGENDA
10:06 ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda, pulling Items
8.G. for discussion.
A. Approval of Checks and Electronic Payments January 29, 2016 to February
4, 2016
(memorandum dated February 4, 2016) 11-19
-
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Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
B. Reappointments to the Economic Opportunities Council of Indian River
County, Inc.
(memorandum dated_February_8,_2016)--------------------------------------------------------- 20 -28 --
Approved the reappointment of Miriam Gross, Jennifer Proper, and
Linda McConkey to the Economic Opportunities Council of Indian
River County, Inc.
C. Miscellaneous Budget Amendment 013
_(memorandum dated_February_9,_2016)--------------------------------------------------------- 29-32__
Approved Resolution 2016-016, amending the Fiscal Year 2015-2016
Budget.
D. Fourth of July Fireworks Funding
(memorandum dated February 8, 2016) 33-34
Approved: (1) funding the fireworks displays for the cities of Sebastian
and Vero Beach in the amount of $2,500 each, with the caveat that each
of the cities (Vero Beach and Sebastian) appropriate and pay an equal
amount up to $2,500 and the County will match that amount, up to
$2,500 each, after the City of Vero Beach and Sebastian pay their
Board of County Commission Meeting Page 3
February 16, 2016
share.
E. IRC Bid No. 2015047 - South Regional Wastewater Treatment Facility
Painting
(memorandum dated February 2, 2016) 35-38
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Approved and authorized the Chairman to execute Change Order No.
1 with West Florida Maintenance, Inc., in the amount of $9,750.00.
F. Review of INEOS New Planet BioEnergy LLC's Ad Valorem Tax
Exemption Annual Report
(memorandum dated February 8, 2016) 39-58
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Found that INEOS New Planet BioEnergy LLC is currently in
compliance with its ad valorem tax exemption requirements.
10:07 G. Request to Waive Bid Process for Supplemental Building Inspection
a.m. Services
(memorandum dated February 10, 2016) 59-60
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Commissioner Zorc sought and received additional information on the
process/costs for utilizing supplemental building inspectors; the
possibility of hiring an additional in-house inspector; and how a large
influx of plans is handled when submitted to the County concurrently.
Staff addressed Commissioner Zorc's concerns, and the following
action was taken:
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Zorc, the Board unanimously waived the bid process
requirement for supplemental building inspection services for the
remainder of the fiscal year, and authorized the County Administrator
to approve purchase orders for firms up to the available budgeted
amount in total.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
Board of County Commission Meeting Page 4
February 16, 2016
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on
which the commission may take action.)
1. Request to Speak from Gifford Economic Development Council
_Regarding Historic Society Proclamation_______________ 61__
Deleted
C. PUBLIC NOTICE ITEMS
10:15 1. Notice of Scheduled Public Hearing for March 1, 2016
a.m. To Consider Amending Section 1100.04 of the Code to Remove
References to the Enterprise Zone
(Legislative)
(memorandum dated February 9, 2016) 62
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County Attorney Dylan Reingold read the notice into the
record.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
10:16 A Community Development
a.m.
1. Board Consideration of an Unauthorized Dock on County -Owned
Shoreline Property West of Morningside Drive on South Jungle
Trail
_(memorandum_ dated -February-8,-201-6) --------------------------------------------- 6-3-73-_
Community Development Director Stan Boling presented a
brief history of a small dock located in the Riverside Estates
Subdivision (Riverside), south of the Jones's Pier
Conservation Area and west of Morningside Drive. He
reported that the dock was constructed on County property
without permits or approval, but has historically been used by
the Riverside residents.
Environmental Planning and Code Enforcement Chief Roland
DeBlois, through a PowerPoint Presentation, provided further
details, and presented three options for the Board to consider
with regards to the dock:
(1) Removal
(2) Retention (after permitting and modifications) for
exclusive use of the Riverside community
(3) Retention for the General Public (after permitting and
modifications, including rebuilding to meet American
Board of County Commission Meeting Page 5
February 16, 2016
Disability Act [ADA] standards)
Chief DeBlois thereafter presented staffs recommendation for
removal of the dock.
Director Boling noted that a building professional would need
to visit the site in order to determine the requirements for
upgrading the dock to code.
The following speakers urged the Board to leave the dock in
place:
• Andy Mustapick, 1026 Morningside Drive
• Garrett M. Donlin, 1010 Morningside Drive,
representing Friends of the Dock
• Ryan Padnook, 1055 Morningside Drive
• Bruce Barkett, Esquire, 756 Beachland Blvd., who
mentioned a legal precedent from 2010, where County -
owned right-of-way was released to the Wauregan Boat
Club in Roseland
• Susan Hazard-Ramato, 1075 Morningside Drive, who
also spoke on behalf of two neighbors
The following speaker voiced opposition to leaving the dock in
place:
• Jay Hauth, 7750 Jungle Trail, presented a slide show
and read a letter of opposition from Ray Browning,
1040 Morningside Drive.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Zorc, to TABLE this item for
90 days, and direct staff to explore what would be entailed in
allowing the dock to remain for public access.
Chairman Solari introduced into the record an email from
Carolyn Stutt, the Mangrove Garden Foundation, who was
opposed to retaining the dock.
Commissioner O'Bryan advocated giving the Friends of the
Dock 90 days to form a Homeowner's Association (HOA) or
other legal entity, with which the County could negotiate a
lease for rental of the property.
Chairman Solari stated that he would oppose the Motion
because the County already has an abundance of conservation
lands that are not being maintained properly.
Board of County Commission Meeting Page 6
February 16, 2016
Further discussion ensued among the Board as Chairman
Solari sought and received clarification on the Motion.
MOTION WAS AMENDED by Vice Chairman Flescher,
SECONDED by Commissioner Zorc, to TABLE this item for
90 days, and direct staff to explore what would be entailed in
allowing the dock to remain as: (1) a community dock for
Riverside Estates residents; or (2) for non-exclusive use by the
general public.
Chairman Solari advised the Riverside Estates residents that
the Board would expect them to form an HOA (or other legal
entity) within 90 days.
The Chairman CALLED THE QUESTION and by a 3-2 vote
(Commissioners O'Bryan and Solari opposed), the Amended
Motion carried.
Commissioner O'Bryan voiced his support for community use
of the dock.
A brief discussion ensued regarding the time frame for the
dock at the Jones's Pier Conservation Area to be reopened to
public access.
The Board CONSENSUS was to direct staff to have the
repairs at Jones's Pier completed as soon as possible.
The Chairman called a recess at 11:40 a.m., and reconvened
the meeting at 11:57 a.m., with all members present.
B. Emerp_ency Services
None
C. General Services
None
1, Human Services
None
2. Sandridge Golf Club
None
3, Recreation
Board of County Commission Meeting Page 7
February 16, 2016
11:58 a. Termination of Lease Agreement for 16th Street
a.m. Ballfields and Preliminary Needs Assessment
(memorandum dated February8,_ 2016) 74-83
_
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Assistant County Administrator Michael Zito
recalled a discussion at the February 2, 2016
County Commission meeting regarding the
possibility of the County assuming responsibility
from the Indian River Sports Complex, Inc. (the
Complex), for the 16th Street Ballfields. Mr. Zito
stated that the proposed Termination of Lease
Agreement stipulates that the Complex would
continue operations through the end of May, with
the lease terminating June 1, 2016, when
operations would revert back to the County.
ON MOTION by Commissioner Davis,
SECONDED by Commissioner O'Bryan, the
Board unanimously approved and authorized the
Chairman to execute the Termination of Lease
Agreement with Indian River Sports Complex,
Inc.; with staff to report back to the Board
regarding the assessment of ballfield needs in
Indian River County.
D. Human Resources
None
E. Office of Management and Budget
11:59 1. 2016/2017 Budget Workshop / Hearing Schedule
a.m. (memorandum dated February 9, 2016)_________________________________________________84__
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Director of Management and Budget Jason Brown presented
the proposed dates for the 2016-2017 Budget Workshop and
Budget Hearings:
Distribution of Budget Packet:
Friday, July 8, 2016
Budget Workshop:
Wednesday, July 13, 2016 and if needed, Thursday, July 14,
2016 at 9:00 a.m.
Public Hearing Tentative Budget:
Wednesday, September 14, 2016 at 5:01 p.m.
Board of County Commission Meeting Page 8
February 16, 2016
Final Budget Hearing:
Wednesday, September 21, 2016 at 5:01 p.m.
Director Brown observed that the schedule is subject to the
calendar selected by the School Board for its budget meetings;
thus, there may be a change to the County's calendar.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Zorc, the Board unanimously approved the
budget workshop dates and the dates for the budget hearings
for the 2016-2017 budgets, (with the caveat that the dates may
be altered if there is a conflict with the School Board).
F. Public Works
12:01 1. 2016 A Healthy Lagoon: Let's Chalk About It Stormwater Chalk
p.m. Art Contests
(memorandum dated January- 14, 2016) 85-87
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Public Works Director Chris Mora stated that the 112016 A
Healthy Lagoon" program is a public outreach effort.
Alexis Peralta, Stormwater Educator & Fertilizer
Enforcement Officer, gave a video presentation on the "Let's
Chalk About It" event. The first event will be held at Eco -Fest
at the Environmental Learning Center on March 6; and the
second event will occur on Earth Day at Riverview Park on
April 23, 2016.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board unanimously authorized
staff to continue with the "Let's Chalk About it" educational
event.
12:06 2. Consultant Proposals to Review and Advise on All Aboard
p.m. Florida's 90% Plans and Final Plans
(memorandum dated February 10, 2016) 88-98
Public Works Director Chris Mora discussed the need for
outside expertise, once the County is in receipt of All Aboard
Florida's 90% Plans.
(Clerk's Note: All Aboard Florida is also known as the
Brightline).
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Davis, to approve Task 1
(inspection of crossings, 90% plans review) of Proposal No.
150409.05, and directed staff to hire George Gavalla with
Triad Railroad Consulting, LLC (TRC), to assist with the
Board of County Commission Meeting Page 9
February 16, 2016
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review and discussions concerning All Aboard Florida's track
and crossing plans, for an amount not to exceed $31,050.
A brief discussion ensued about sharing TRC's travel expenses
with St. Lucie and Martin counties, who will also be working
with the firm.
The Chairman CALLED THE OUESTION and the Motion
carried unanimously.
G. Utilities Services
12:09 1. 83.14 +/- Acres Due Diligence Report and Opinion of Probable
p.m. Cost
(memorandum dated February 9, 2016) 99-114
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Director of Utility Services Vincent Burke recalled the Board's
approval on December 15, 2015, to purchase property located
east of the Osprey Marsh Algal Turf Scrubber, at 925 5`h
Street SW, contingent upon a due diligence investigation by
CDM Smith, Inc. He stated that the site (referred to as the
South County Reservoir Site [SCRS]) was proposed to be used
as a water reservoir system or surface water treatment plant
(SWTP). Director Burke, through a PowerPoint Presentation,
gave a comprehensive review of CDM Smith's report, and
discussed staffs projection of what the Total Maximum Daily
Load (TMDL) removals would be at the proposed SWTP.
Chairman Solari supported the purchase of the site for the
Storm Water Park/TMDL removal project, but not for the
reservoir.
Commissioner O'Bryan supported the purchase of the land
for the Storm Water Park/TMDL site, providing that the site
could be transitioned to an SWTP.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to purchase the
undeveloped land at 925 5`h Street SW and pursue a Storm
Water Park/Total Maximum Daily Load removal facility,
designed and constructed for future usage as a surface water
treatment plant.
Commissioner Davis advocated purchasing land farther west
of town, outside of the Urban Service Boundary, for the
proposed reservoir.
Board of County Commission Meeting Page 10
February 16, 2016
The Chairman CALLED THE OUESTION and by a 2-3 vote
(Commissioners Davis, Solari, and Zorc opposed), the Motion
failed.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Solari, to purchase the
undeveloped land at 925 5th Street SW and pursue a Storm
Water Park/Total Maximum Daily Load removal facility.
Discussion ensued on funding sources for the project, and on
the disadvantages of situating a Storm Water Park/TMDL
facility west of town.
Commissioner Zorc mentioned that there are emerging
technologies for water treatment, some of which will be
discussed at the Indian River Lagoon Symposium on March
29, 2016.
Bob Johnson, Coral Wind Subdivision, recommended that the
Board cancel the contract and look into options available west
of town.
Jill Grimaldi, CDM Smith, explained why it might be difficult
to pull a permit to withdraw water west of town.
Commissioner Zorc mentioned that he was in contact with a
builder who had expressed interest in participating in some
type of public/private partnership with regards to water
storage.
Discussion ensued regarding the possibility of the County
entering into a public/private partnership within a reasonable
timeframe.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Chairman Solari, to: (1) purchase the
undeveloped land at 925 5th Street SW and pursue a Storm
Water Park/Total Maximum Daily Load removal facility; and
(2) direct staff to entertain any public/private partnerships
that may be presented by private entities within a reasonable
timeframe.
The Chairman CALLED THE QUESTION and by a 3-2 vote
(Commissioners Flescher and Davis opposed), the Amended
Motion carried.
Board of County Commission Meeting Page 11
February 16, 2016
13. COUNTY ATTORNEY MATTERS
1:11 A. Real Estate Exchange Agreement between Stoneybrook Farms Group, LLC
p.m and Premier Citrus, LLC
(memorandum dated February 9, 2016) 115-134
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ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously approved and authorized
the Chairman to execute: (1) the Real Estate Exchange Agreement
between Indian River County, Stoneybrook Farms Group, LLC, and
Premier Citrus, LLC; and (2) Resolution 2016-017, approving an
exchange of land with Stoney Brook Farms and Premier Citrus.
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
None
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
Board of County Commission Meeting Page 12
February 16, 2016
There being no further business, the Chairman declared the meeting adjourned at 1:12 p.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
LOW
BCC/MG/2016Minutes
Bob Solari, Chairman
Approved: MAR 15 2016
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Board of County Commission Meeting Page 13
February 16, 2016