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COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, MARCH 1, 2016
Commission Chambers
Indian River County Administration Complex
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
wwwdregov.com
Bob Solari, Chairman
District 5
Present
Joseph A. Baird, County Administrator
Joseph E. Flescher, Vice Chairman
District 2
Present
Dylan Reingold, County Attorney
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
Leona Adair Allen, Deputy Clerk
DVD
TIMES
1.
2.
3.
4.
9:01
a.m.
5.
CALL TO ORDER 9:00 A.M.
INVOCATION Stan Boling, Community Development Director
PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Delete Item 10.B.2.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Flescher,
the Board unanimously approved the agenda as amended.
PROCLAMATIONS and PRESENTATIONS
Present
Present
Present
Present
PACKET
PAGES
9:02 A. Presentation of Proclamation Honoring the 2015-2016 Vero Beach High School
a.m. Girls Basketball Team 1
---------------------------------------------------------------------------------------------------------------------------
Commissioner Zorc read and presented the Proclamation to the Vero Beach
High School Girls Basketball Team for winning the Florida High School
Athletic Association (FHSAA) Girls Basketball State Championship.
Board of County Commission Minutes
March 1, 2016 Page 1
9:12 B. Presentation of Proclamation Designating March 2, 2016 as Read Across America
a.m. Day 2
---------------------------------------------------------------------------------------------------------------------------
Chairman Solari read and presented the Proclamation to Indian River
County Children's Librarian Patti Fuchs.
9:17 C. Presentation of Proclamation Designating the Month of March 2016, as American
a.m. Red Cross Month
_--------------------------------------------------------------------------------------------------
Commissioner Davis read and presented the Proclamation to Red Cross
representatives Sarah Ruwe, Eileen Halatyn, and Eric Crump.
9:23 D. Presentation on Indian River County Fire Fighter's Fair March 11 th to March 201h
a.m. by Wayne Howard, Fair General Manager ---
---------------------------------------------------------------------------------------------------------------------------
Fair General Manager Wayne Howard announced the upcoming events
scheduled for the 37th Annual Indian River County Firefighters' Fair,
scheduled for March 11 to 20, 2016.
9:26 E. Presentation by Florida Department of Health in Indian River County and Indian
a.m. River County Mosquito Control District on Zika Virus ---
- - - - - ----------------------------------------------------
Department of Health Administrator Miranda Hawker and Indian River
County Mosquito Control District Director Doug Carlson provided an update
on the Zika virus and the County's response to the virus.
6. APPROVAL OF MINUTES
9:48 A. Regular Meeting of February 2, 2016
a.m. ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously approved the Regular Meeting Minutes of
February 2, 2016, as written.
B. Regular Meeting of February 9, 2016
ON MOTION by Commissioner Davis, SECONDED by Vice Chairman
Flescher, the Board unanimously approved the Regular Meeting Minutes of
February 9, 2016, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:49 A. Update on All Aboard Florida / Vero Electric Expenses
a.m. (memorandum dated February 24, 2016) 4-8
- - -----------------------------------
Chairman Solari provided an update on the delays of the All Aboard Florida
project.
Commissioner Zorc sought and received information pertaining to Vero
Electric expenses.
Board of County Commission Minutes
March 1, 2016 Page 2
Noted for the record were the All Aboard Florida Expenses Spreadsheet
through February 24, 2016; and the Vero Beach Electric/Florida Power and
Light/Florida Municipal Power Agency Expense Spreadsheet through
February 24, 2016.
8. CONSENT AGENDA
9:51 ON MOTION by Commissioner Davis, SECONDED by Vice Chairman Flescher, the
a.m. Board unanimously approved the Consent Agenda as presented.
A. Approval of Checks and Electronic Payments February 5, 2016 to February 11,
2016
(memorandum dated February 11, 2016) 9-16
---------------------------------------------------------------------------------------------------------------------------
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
B. Approval of Checks and Electronic Payments February 12, 2016 to February 18,
2016
(memorandum dated February 18,_20I-6)------------------------------------------------------------- 17-24
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
C. Vacation Compensation Consideration
(memorandum -dated February 22,_2016)------------------------------------------------------------ 25-30
Granted an exception to Administrative Policy Manual Section AM -502.1 (7),
and approved payment to Public Works Director Chris Mora for the 20 days
of accrued vacation, which exceed the maximum payout allowed.
D. Approval of Extension to Agreement for Auction Services
(memorandum -dated February 23,_2016)___________________________________________________________ 31-32
Approved and authorized the Chairman to execute the Third Extension to
Agreement for Providing Auction Services for Indian River County, with
Associate Auctions, LLC.
E. FDOT Local Agency Program (LAP) Supplemental Agreement and Resolution
Authorizing the Chairman's Signature 87th Street and 91St Avenue Sidewalk
Improvements FM No. 431728-1-58/68-01
(memorandum -dated February 10,_2016)___________________________________________________________ 33-38
(1) Approved the Local Agency Program (LAP) Supplemental Agreement FM
No. 431728-1-58/68-01 with the Florida Department of Transportation
(FDOT); and (2) approved Resolution 2016-018, with the Florida Department
of Transportation authorizing the Chairman's execution of a Local Agency
Program Supplemental Agreement for construction of 6 -foot wide concrete
sidewalks along the north right of way line of 87th Street from 101St Avenue to
CR510 and along the east right of way line of 91" Avenue from 79th Street to
87th Street, including drainage improvements, swale grading, pavement
markings and sodding.
Board of County Commission Minutes
March 1, 2016 Page 3
F. Release of Retainage — Work Order No. 3 Morgan & Eklund, Inc., 2015 Beach
Profile Monitoring Surveys
(memorandum dated February 16, 2016) 39-42
---------------------------------------------------------------------------------------------------------------------------
Approved the release of all withheld retainage under Work Order No. 3, to
Morgan and Eklund, Inc. (M&E), in the amount of $5,175.
G. FDEP Grant Agreement No. 50839 — Indian River County Oyster Bed Project
(memorandum dated February 15, 2016) 43-69
---------------------------------------------------------------------------------------------------------------------------
(1) Approved Florida Department of Environmental Protection (FDEP) Grant
Agreement No. S0839; (2) authorized the Chairman to execute two (2) copies
of the Agreement on behalf of the County; and (3) approved a budget
amendment in the amount of $50,000 to cover the project construction costs
prior to State reimbursement.
H. Change Order No. 1, Final Pay and Release of Retainage, Vero Lake Estates
Asphalt Millings Project (Phase I), Bid No. 2015010
(memorandum dated February 10, 2016) 70-79
---------------------------------------------------------------------------------------------------------------------------
Approved: (1) Change Order No. 1; and (2) Dickerson Florida, Inc.
Contractor's Application for Payment No. 6, increasing the contract amount
by $58,426.25, for a final contract total of $771,026.25
I. Change Order No. 4, Final Payment and Release of Retainage, Martin Luther King
Walking Trail, Bid No. 2015034
(memorandum dated February 9, 2016) 80-86
---------------------------------------------------------------------------------------------------------------------------
Approved: (1) Change Order No. 4; and (2) Tim Rose Contracting, Inc.
Contractor's Application for Payment No. 5 FINAL, decreasing the contract
amount by $5,863.05, for a final contract total of $312,447.12.
J. Lease Extension, 6855 66th Avenue, Vero Beach, Fl, 66th Avenue Future 4-Laning
Project, Owner: Indian River County, Tenant: John A. Jackson, Jr.
(memorandum dated February 3, 2016) 87-89
-----------------------------------------
------------------------------------------------------------------------
----------
Approved the three (3) year Lease Renewal Agreement as presented, allowing
John A. Jackson, Jr. to remain on the premises and the lease to terminate
within 60 days after advertisement of bid to widen and improve the section of
66th Avenue near the tenant's property, at $800 per month. The rental
amount of $800 shall be due and payable on March 10, 2016, and the 10th day
of every month thereafter.
K. Amendment No. 3 to Indian River County South County Regional Park
Intergenerational Recreation Facility Professional Civil Engineering and
Architectural Services Consultant Agreement
(memorandum dated February 16, 2016)
90-98
---------------------------------------------------------------------------------------------------------------------------
Approved and authorized the Chairman to execute Amendment No. 3 in the
lump sum amount of $5,610.00 with Borrelli and Partners, Inc., and
authorized the Chairman to execute same.
Board of County Commission Minutes
March 1, 2016 Page 4
L. Approval of Extension to Agreements for Custodial Services
(memorandum dated February 23, 2016) 99-104
Approved the First Extension to Agreement for Custodial Services for Indian
River County, Florida with CER Signature Cleaning, K's Commercial
Cleaning, Marsden Services, and Tribond, LLC; and authorized the
Chairman to execute it after the County Attorney has approved it for content
and legal sufficiency, and upon receipt and approval of required insurance by
Risk Management.
M. Approval of Renewal for a Class "E" and Class "B" Certificate of Public
Convenience and Necessity for Falck Southeast II, Corp d/b/a All County
Ambulance to Provide Wheelchair/Stretcher and Interfacility Ambulance
Transportation Services
(memorandum dated February 15, 2016) 105-126
---------------------------------------------------------------------------------------------------------------------------
Approved renewal of the Class "E" and Class "B" Certificate of Public
Convenience and Necessity for Falck Southeast II, Corp d/b/a All County
Ambulance, to be effective for a period of two (2) years from March 13, 2016
to March 13, 2018.
N. Approval of Renewal for a Class "B" Certificate of Public Convenience and
Necessity for Falck Southeast II, Corp d/b/a American Ambulance Service to
Provide Interfacility Ambulance Transportation Services
(memorandum dated February 15, 2016) 127-148
---------------------------------------------------------------------------------------------------------------------------
Approved renewal of the Class "B" Certificate of Public Convenience and
Necessity for Falck Southeast II, Corp d/b/a American Ambulance Service, to
be effective for a period of two (2) years from March 13, 2016 to March 13,
2018.
O. Approval of Award for Bid 2016018 — Operations of the Biosolids Dewatering
Facility, Sludge Dewatering and Hauling
(memorandum dated February 23, 2016) 149-155
---------------------------------------------------------------------------------------------------------------------------
(1) Approved Bid Award 2016018 to Synagro South, LLC; (2) approved the
Agreement; and (3) authorized the Chairman to execute said Agreement upon
review and approval by the County Attorney as to form and legal sufficiency,
approval of the required Public Construction Bond, and the review and
approval of the required insurance by Risk Management.
P. Proposed Dark Fiber Lease Agreement with the City of Fellsmere
(memorandum dated February 24,2016) ----------------------------------------------------------- 1-56---202--
Approved the Proposed Dark Fiber License Agreement with the City of
Fellsmere.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:51 A. Indian River County Sheriff — Deryl Loar
a.m. Forfeiture Trust Fund
(letter dated February 22,_2016)---------------------------------------------------------------------203-204--
- --------------------------
Board of County Commission Minutes
March 1, 2016 Page 5
ON MOTION by Vice Chairman Flescher, SECONDED by Chairman Solari,
the Board unanimously approved that $30,000 from the Law Enforcement
Trust Fund be used to replace twenty (20) expired Kevlar ballistic helmets.
The Chairman called for a break at 9:52 a.m., and reconvened the meeting at
10:01 a.m., with all members present.
10. PUBLIC ITEMS
10:01 A. PUBLIC HEARINGS
a.m.
1. MPM Seven, LP Request to Rezone ± 12.39 Acres from CL to CH and
Request to Rezone ± 2.79 Acres from RMH-6 to CL (Appeal of
Planning and Zoning Commission Denial)
(memorandum dated February 15, 2016) 205-248
--------------------------------------------------------------------------------------------------------------
Quasi Judicial
PROOF OF PUBLICATION OF ADVERTISEMENT FOR BOTH
HEARINGS IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
County Attorney Dylan Reingold announced this item to be a Quasi
Judicial proceeding and described the requirements of the law.
Chairman Solari requested and received disclosure of ex parte
communications, site visits, and/or independent investigations from
each Commissioner; and thereafter they disclosed their e-mails, and
presented them to the Clerk for the record.
The Commissioners also affirmed they have open minds and could
base their decisions on the evidence presented and applicable law.
The Deputy Clerk administered the Oath to all persons who wished
to speak at the hearing.
Community Development Director Stan Boling explained the
conditions and request from MPM Seven, LP to rezone f 12.39 acres
from Limited Commercial District (CL) to Heavy Commercial
District (CH); rezone f 2.79 acres from Residential Mobile Home
District (RMH-6) to Limited Commercial District (CL); and appeal
the Planning and Zoning (P&Z) Commission's denial. The
properties are located north of 77th Street, between Old Dixie
Highway and US Highway 1. Director Boling provided an analysis
on the impact of public facilities; consistency with the
Comprehensive Plan; compatibility with the surrounding area; and
the potential impacts on the environment. He pointed out that the ±
2.79 acre parcel abuts Palm Paradise Mobile Home Park, and
recommended approval.
Board of County Commission Minutes
March 1, 2016 Page 6
The Board sought and received further details regarding rezoning
and the uses allowed in CH district.
Bob McKinley, MPM Seven, LP Representative, said he was advised
to not divulge how the property would be used, or to withdraw the
application. He wanted the opportunity to be a good neighbor and
believed more time was necessary to communicate/negotiate and
reach a consensus. He proposed deferring this Public Hearing to the
next regularly scheduled Board meeting.
Discussion ensued on whether the Public Hearing should be
continued or tabled.
The Chairman opened the Public Hearing.
Warren Dill, Attorney for Bill Brehm, the owner of Palm Paradise
Mobile Home Park, explained the law as it applies to contract
zoning, and possible land uses. He felt the right thing to do would be
for the applicant to withdraw the application that was filed, meet
with the residents and staff, come up with a plan that would be
acceptable to both parties, and put the restrictions on it. He opposed
the request for deferral, and supported withdrawing the application
to allow for negotiations.
Director Boling reiterated that a new application for any type of
rezoning could not be processed until November.
Discussion ensued regarding legalities. The Board agreed that the
appropriate thing to do would be to allow for public input and
TABLE this item.
Joseph Paladin, Black Swan Consulting and Entitlement, LLC,
encouraged the Board to Table this item. He felt there needed to be
more research and discussion before the item is brought back to the
Board for a decision.
MOTION WAS MADE by Commissioner Davis, SECONDED by
Commissioner Zorc, to TABLE the Public Hearing to a time certain
of April 5, 2016, and allow for public input today.
The Chairman called for a break at 11:37 a.m. to allow the parties
an opportunity to discuss/negotiate. He reconvened the meeting at
11:50 a.m., with all members present.
Board of County Commission Minutes
March 1, 2016 Page 7
Chairman Solari asked if anything had transpired between the
parties during the break, and was informed that nothing had
changed.
Attorney Reingold clarified that if the Board did not Table this item,
they would move forward on voting on the application as presented,
and there would be no negotiations after today.
The Chairman CALLED THE QUESTION, and by a 3-2 vote
(Commissioners Flescher and O'Bryan opposed), the Motion
carried.
A brief discussion ensued regarding the procedural aspects of this
matter.
Michele Mellgren, President/Planner from the Mellgren Planning
Group, Fort Lauderdale, voiced Mr. Brehm's concerns over the uses
allowed in CH, and the negative impacts of noise and fumes.
The following individuals spoke in opposition to rezoning:
• Donna McCormick
• Bill Brehm, 6800 Gulfport Boulevard, South Pasadina, FL, owner
of Palm Paradise Park
• Lynn McGuire, 720 Cathers Run Road, Clarion, PA
• Glen Burr, 4215 79`h Street, Hobart Landing, President of the
Hobart Landing Homeowners' Association
• Bob Greason, 4226 79`h Street, Hobart Landing, Vice
President of the Hobart Landing Homeowners' Association
• Don Lowry, 6431 North Fork Road, Rose City, MO
• Gail Morrow, Delaware, OH, resident of Palm Paradise Park
• Helen Gilbertson, Monroe, MI, resident of Palm Paradise
Park
• Barbara Danner, 2918 Jefferson Drive, Chambersburg, PA
• Jack Clerkin, Lot 24, Palm Paradise Park
• Dorothy Hennessy, 4185 79`h Street, Hobart Landing
There were no additional speakers. The Chairman stated that the
Public Hearing would be continued at the April 5, 2016 Board of
County Commission meeting.
The Chairman called for a break at 12:31 p.m., and reconvened the
meeting at 12:35 p.m., with all members present.
12:35 2. Ordinance Repealing Enterprise Zone Economic Development Ad
p.m. Valorem Tax Exemption
(memorandum dated February 17,_2016) ---------------------------------------------- 249-254
--- -----------------------------------
Legislative
Board of County Commission Minutes
March 1, 2016 Page 8
Attorney Dylan Reingold stated that on December 31, 2015, the
Florida Enterprise Zone Act was repealed, and the Board at their
January 12, 2016 meeting authorized the County Attorney's office to
proceed with an ordinance that eliminated portions of the Economic
Development Ad Valorem Tax Exemption pertaining to the
Enterprise Zone. Once the Florida Enterprise Zone Act was
repealed, local governments were no longer authorized to grant
exemptions solely because the business was located in the Enterprise
Zone. He recommended the Board review and adopt the Ordinance.
The Chairman opened the Public Hearing. There being no speakers,
the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously adopted Ordinance
2016-002, amending Section 1100.04 (Definitions of Terms) of
Chapter 1100 (Economic Development Ad Valorem Tax Exemption)
of the Code of Indian River County to remove references to the
Enterprise Zone; and providing for codification, severability, repeal
of conflicting provisions, and an effective date.
B. PUBLIC DISCUSSION ITEMS
(As a general rule, public discussion items should be limited to matters on which
the commission may take action.)
2:05 1. Request to Speak from Gifford Economic Development Council
p.m. Regarding Historic Society Proclamation______________________________________________ 255_____
(Clerk's Note: This item was heard following Iters: 13.B. and is placed
here for continuity.)
Wanda Scott, 4306 261h Avenue, Gifford, representing the Gifford
Economics Development Council, Inc., provided a program
overview and pamphlet of the Council; stated that the Gifford
Historic Society would be presenting her mother with a
Proclamation; and showed some pictures of Gifford's disintegrating
drainage pipes that she felt needed attention.
2. Request to Speak from Anthony Donini Regarding Sebastian Executive
Building Hook -up - to County Water______________________________________________________ 256_____
Deleted
C. PUBLIC NOTICE ITEMS
None
Board of County Commission Minutes
March 1, 2016 Page 9
11. COUNTY ADMINISTRATOR MATTERS
12:37 A. Viability of Land Acquisitions Bordering Historic Dodgertown
p.m. (memorandum dated February 15, 2016) 257-260
------------------------------------------------------------------------------------------------------------------------
County Administrator Joe Baird recalled the Board's direction on
November 4, 2015, to explore the potential need and the options for
additional parking at Historic Dodgertown, to confirm that the business
model at Dodgertown was doing well, and to seek funding sources other than
the one -cent local option sales tax for any future improvements. After
providing alternatives, analysis, and funding sources, he recommended the
Board decline to pursue the purchase of available lands bordering Historic
Dodgertown at this time.
The Board sought and received further information from staff pertaining to
zoning on the two parcels (Triangular and Golf Course), parking at Historic
Dodgertown, and the possibility of future sporting needs.
MOTION WAS MADE by Commissioner Davis, SECONDED by
Commissioner Zorc, to direct the County Administrator to enter into
negotiations with the School Board on the sale of Riley Baseball Field, and
using the money on adjacent properties (parcels 1 and 2) around Historic
Dodgertown.
Discussion ensued among the Commissioners.
Andrew Kennedy, 2050 US Highway 1, on behalf of the ownership of Parcel
1, encouraged the Board to purchase this parcel.
The Chairman CALLED THE QUESTION, by a vote of 2-3
(Commissioners Flescher, O'Bryan and Solari opposed), the MOTION
FAILED.
The Chairman called for a break at 1:13 p.m., and reconvened the meeting
at 1:39 p.m., with all members present.
12. DEPARTMENTAL MATTERS
A. Community Development
1:39 1. Consideration of Parabel USA, Inc.'s Request for a Local Jobs Grant
p.m. (memorandum dated February 18,_2015) ---------------------------------------------- 261-280__
Director Boling reported that Parabel USA, Inc. had applied for a
local jobs grant. He stated that under the County's target industry
list, the company qualified for a jobs grant of up to $177,000, which
would be paid over a three-year period. He also conveyed that the
Economic Development Council (EDC) had recommended the
Board's approval.
Board of County Commission Minutes
March 1, 2016 Page 10
Helene Caseltine, Economic Development Director, Indian River
Chamber of Commerce, and Enterprise Coordinator, supported
staffs recommendation.
David Schechtmann, Business Development Director for Parabel,
1437 Pineapple Avenue, Melbourne, provided background and
details regarding his company, and informed the Board that the
company would not be using the EB -5 Program, they would be
privately funded.
The Commissioners commended Mr. Schechtmann's company for
growing, harvesting and processing Lemna (duckweed) to produce a
viable food source for both human and animal consumption.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Zorc, the Board unanimously approved a Local Jobs
Grant Agreement of up to $177,000 for Parabel USA, Inc., and
authorized the Chairman to execute the Agreement after approval
by the appropriate County staff and the County Attorney's office.
B. Emergency 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
None
F. Public Works
None
Board of County Commission Minutes
March 1, 2016 Page 11
G. Utilities Services
1:48 1. Watermain Assessment Project within North Indian River Drive,
p.m. Adoption of Resolution IV
(memorandum dated February 20, 2016) 281-294
--------------------------------------------------------------------------------------------------------------
Director of Utility Services Vincent Burke provided background and
analysis on the General Underground LLC watermain assessment
project and requested the Board to approve the Resolution and the
application for payment.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Davis, the Board unanimously approved:
(1) Resolution 2016-019, certifying "as -built" costs in connection
with water main extension from 13580 to and including 13635 North
Indian River Drive (also known as Riverside Drive) in Indian River
County, Florida, and such other construction necessitated by such
project; providing for formal completion date, and date for payment
without penalty and interest; and (2) approved the Application and
Certification for Payment, No. 3, Final Pay, in the amount of
$8,376.00 to General Underground LLC. This payment will release
any further obligations of the Contractor by the County.
13. COUNTY ATTORNEY MATTERS
1:56 A. Request for Closed Attorney -Client Session Relating to Indian River County vs.
p.m. Turner Construction Company et al. (Case No.: 312011 CA002999)
(memorandum dated February 19, 2016) 295
------------------------------------------------------------------------------------------------------------------------
County Attorney Dylan Reingold provided background and recommended
the Board authorize staff to set the Attorney -Client Session at 10:30 a.m. on
March 15, 2016.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously approved to schedule a closed Attorney -Client
Session to occur at 10:30 a.m. on March 15, 2016.
1:58 B. Places of Worship Administrative Permit Use and Special Exception Use Review
p.m. (memorandum_ dated January 26,2016) ---------------------------------------------------------- 2-96---305--
Attorney Reingold provided background, and stated that recent case law
had called into question the review of places of worship under first
amendment rights, and recommended the Board authorize him to work with
the Community Development Department to draft an ordinance that would
remove places of worship from special exception review, and modify the
special criteria for places of worship, if necessary. He also noted that there
was one applicant who had gone through the pre -application process during
this time frame and if the Board moves forward with the ordinance, he
requested the Board authorize the applicant to either choose to proceed
forward under the current existing code, or give them the opportunity to
wait if they so choose until the revised ordinance is put into place.
Board of County Commission Minutes
March 1, 2016 Page 12
The Board sought and received further information regarding the special
exception use process and criteria under the current Code. The Board did
not want to change the rules for any current/present applicants.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman
Flescher, the Board unanimously authorized the County Attorney and the
Community Development Department to draft an ordinance which
addresses the review of places of worship, including an amendment to the
Land Development Regulations which (1) replaces places of worship special
exception use approval with the administrative permit use approval, and (2)
modifies Section 971.28(5) of the Code, if necessary. The Board also
directed staff to draft an ordinance that the County provide any current
applicant the option of: (1) moving forward under the current Code with the
formal acknowledgement that the process is under review, or (2) waiting
until the Board considers whether to adopt an amendment to the Code.
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
2:21 1. FPL Okeechobee Energy Center (FPL -OEC)
p.m. (memorandum dated February 24,_2016) ---------------------------------------------- 306-310__
Chairman Solari reported that Florida Power and Light (FP&L)
was proposing an Okeechobee Energy Center (OEC) located in
northeastern Okeechobee County near the Okeechobee/Indian River
County line, and today he wanted to discuss some of the questions
and concerns of the people. His biggest concerns were the amount of
water they want to take from the Upper Floridan Aquifer (UFA),
and the expected impact of the OEC to Indian River County's
Emergency Services.
Director Boling provided background and additional information on
the proposed OEC power plant. He said the Agency Report is due
to the Department of Environmental Protection (DEP) on April 6,
2016, and staff would be bringing their recommendations to the
Board on March 15th or 22"d, 2016.
A lengthy discussion ensued between the Board and staff regarding
Emergency Services.
ON MOTION by Commissioner Zorc, SECONDED by
Commissioner O'Bryan, the Board unanimously directed staff to
bring back to the Board, a more detailed Mutual Aid Agreement.
The Board also discussed alternative water sources.
Board of County Commission Minutes
March 1, 2016 Page 13
Jackie Kingston, Manager of Development, FP&L, provided
information regarding Okeechobee County's commitment to FP&L
to support the OEC plant with resources and personnel. She said
the County had also confirmed that they received the appropriate
training in responding to spills and hazardous material events.
ON MOTION by Commissioner Zorc, SECONDED by Chairman
Solari, the Board unanimously directed staff to request that
Okeechobee Fire Services provide the specifics on their training, to
include Hazmat as well as other training specific to the OEC facility.
Matt Raffenberg, Senior Director of Environmental Services for
FP&L, addressed questions and comments from the Board.
Tuck Ferrell, 12546 N. Highway AlA, suggested using reclaimed
water to cool the power plant instead of pulling the water from the
aquifer.
Debra Ecker, 550 Riomar Drive, felt it was inappropriate for the St.
Johns River Water Management District (SJRWMD) to consider
using 11,000,000 gallons per day from the aquifer, since it is a source
of potable water for the County's residents. She also felt that when
a source for fresh alternative water becomes available that it be
mandated, not evaluated.
Lex Kromhout, 4150 11`h Place, SW, Rancher, voiced concern over
the proposed impact to the water table. He was disappointed that a
representative from the Indian River Soil and Water Conservation
District Board was not in attendance, and had not brought this issue
to the Board.
Mr. Raffenberg informed the Board that reclaimed water could be
used to cool the cooling towers for the power plant; however, the
water can only be recycled so many times before it loses its thermal
quality to dissipate heat. He stated that FP&L's groundwater
modeling does look forward and projects the water use, impacts, and
cone of influence on their neighbors.
The Chairman called for a break at 3:20 p.m., and reconvened the
meeting at 3:30 p.m., with all members present.
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
Board of County Commission Minutes
March 1, 2016 Page 14
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
3:31 1. Short -Term Vacation Rental Advisory Committee Recommendation
p.m. Review
(memorandum dated February 24, 2016) 311
------------------------------------------------------------------------- ------------------------------
Commissioner Zorc wanted to ensure that after the Short -Term
Vacation Rental Advisory Committee (the Committee) has issued its
recommendations, that the subsequent review/implementation
process by the Board and the Planning and Zoning (P&Z)
Commission is done as quickly and directly as possible.
Director Boling informed the Board that during the Committee's
next meeting, they would be reviewing a proposed ordinance to
factor in recommendations and direction.
A brief discussion ensued regarding the process.
Joseph Paladin, Vice Chairman of the Short -Term Vacation Rental
Advisory Committee, thought it would be best to take the proposed
ordinance to P&Z first, then have the Board review the finished
product. He said the Committee's last meeting would be held March
17, 2016.
After discussion, it was decided that the proposed Ordinance should
go to P&Z first, then the Board.
George Lamborn, President of the South Beach Property Owners
Association, Inc. (SBPOA), read a statement into the record (on file),
which stated that the work product of the Committee was tainted,
and should be sent to P&Z where it would be professionally
managed.
Carter Taylor, 2235 Silver Sands Court, described his experience
after attending the last meeting of the Committee, and voiced
concern that they would be recommending to the Board something
less stringent in terms of occupancy than what Fort Lauderdale and
Panama City Beach use for occupancy limitations.
Bill Leadholm, 1925 Moringline Drive, Board Member of the
SBPOA, felt the Committee was one-sided, favoring those engaged
in the business of short-term rentals.
Tuck Ferrell spoke about an issue that his neighbor had
encountered with a short-term rental, and encouraged the Board to
continue to fix the situation of short-term rentals.
Board of County Commission Minutes
March 1, 2016 Page 15
3:58 2. "The Indian River Lagoon — Are We Making Progress?" A look at our
p.m. lagoon three years ago and into the future
(memorandum dated February 24, 2016) 312
--------------------------------------------------------------------------------------------------------------
Commissioner Zorc informed the Board that the Indian River
Lagoon Workshop was rescheduled to Tuesday, March 29, 2016,
from 9:00 to 12:00 p.m., at the Board of County Commission
Chambers.
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. 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 February 2, 2016
2. Approval of Minutes Meeting of February 9, 2016
3. Work Order CCNA-2014 WO No. 4 to Geosyntec for One Year of
Groundwater Monitoring/Reporting and Related Consulting Services at
the Former South Gifford Road Landfill
(memorandum dated February 18, 2016) 313-329
--------------------------------------------------------------------------------------------------------------
C. Environmental Control Board
None
Board of County Commission Minutes
March 1, 2016 Page 16
16. ADJOURNMENT
There being no further business,
4:00 p.m.
A
Jeffrey R. Smith,
Clerk of Circuit (
BCC/LA/2016Minutes
the Chairman declared the meeting adjourned at
, CGFO, CGMA
and Comntrol'f er
Bob Solari, Chairman
••y ��o. • . \No\PQt
0 .*
Approved:
APR 0 5 2016
Board of County Commission Minutes
March 1, 2016 Page 17