HomeMy WebLinkAbout01/20/2015 (2)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JANUARY 20, 2015
County Commission Chamber
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
Leona Adair Allen, Deputy Clerk
Present
Present
Present
Present
DVD
TIMES
CALL TO ORDER
2 INVOCATION
3 PLEDGE OF ALLEGIANCE
9:00 A.M.
Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 Addition: Emergency Item 13.C. Request to Appeal Final Orders Issued by the
a.m. Department of Juvenile Justice
Addition: Emergency Item 14.A.1. Venue Request from American Coalition for
Property Rights and Florida Not All Aboard
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously' approved the agenda as amended.
PACKET
PAGES
Board of County Commission Minutes
January 20, 2015
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5. PROCLAMATIONS and PRESENTATIONS
9:03 A. Presentation of Proclamation Recognizing the Saint Edward's School for
a.m. Their Contributions to Indian River County 1
Presented by Vice Chairman Solari and received by Saint Edwards
Head of School Michael Mersky.
9:09 B. Presentation of Vero Beach Chamber of Commerce Annual Report for 2014
a.ni. and Announcement of Events Scheduled in 2015 by Dan Stump, Esq.,
Chairman of the Vero Beach Chamber Board of Directors
Attorney Daniel Stump announced that the City of Vero Beach
Chamber of Commerce was celebrating its one year anniversary as of
January 4, 2014; listed the goals and accomplishments that were met in
the first year; and requested the Board grant the Chamber
representation on the Economic Development Council (EDC) after the
application is received.
Charlie Wilson outlined the local events that will be taking place
throughout the year.
Ben Costello, 102 Trotters Court, Venetia, PA, Director of the 1715
Fleet Society, elaborated on the County events that will take place in
March and July to commemorate the 300111 anniversary of the lost
treasure from the 1715 Spanish Fleet.
6. APPROVAL OF MINUTES
9:38 A. Regular Meeting of December 16, 2014
a.m.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously approved the regular meeting
minutes of December 16, 2014, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:39 A. Florida Public Service Commission Notice of Final Order Approving
Florida Power and Light's Proposed Non -Standard Meter Rider Tariff
Effective January 2, 2015, has been received and is available for review in
the Office of the Clerk to the Board
B.
Infon-nation Regarding Cancellation of Three Inactive Local Jobs Grant
Agreements
(memorandum dated January 12, 2015)
2-14
Noted for the record were the following inactive grant agreements:
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PavImologies. Inc.. XStream Systems. Inc.. and SIVII
C.
Revision to Treasure Coast Regional Planning Council Appointees for
2015
(memorandum dated January 13, 2015)
D. U.S. Kids Golf Honoring Bela Nagy, Sandridge Golf Professional, as a
U.S. Kids Golf Master Kids Teacher During a Special Ceremony at the
PGA Merchandise Show
15-17
18
Commissioner O'Bryan announced that Bela Nagy was selected as
"U.S. Kids Golf Master Kids Teacher" and will be honored with an
award as one of the top 50 teachers for the youth.
E. Proclamation Designating January 25 — 31, 2015, as Indian River County
School Choice Week 19
F.
G.
Proclamation and Retirement Award Honoring Cheryl Wilkinson on Her
Retirement from Indian River County Board of County Commissioners
Department of General Services/North County Library with Twenty -Six
Years of Service
20-21
Proclamation and Retirement Award Honoring Charles Edwards on His
Retirement from Indian River County Board of County Commissioners
Department of Public Works/Road & Bridge Division with Nineteen
Years of Service
22-23
8. CONSENT AGENDA
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the Consent Agenda, pulling Items
8.1. and 8.J. for discussion.
):39 A. Approval ofWarrants — January 1, 2015 to January 8, 2015
a.m. (memorandum dated January 8, 2015)
B.
24-32
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
Resolution Formally Designating a Portion of County Owned Property
Along 201' Street as Right -of -Way
(memorandum dated January 9, 2015)
33-38
Approved: (1) Resolution 2015-007, formally designating certain
County owned property for right-of-way, and directing the Property
Appraiser to cut out the property designated as right-of-way from the
parent parcel (Lot 1, Block G of Dodgertown Subdivision, recorded in
Plat Book 3, Page 49, of the Public Records of Indian River County,
Florida): and (2) authorized the Chairman to execute same for
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If{ • TrE • It
C.
Out of County Travel to attend the 29th Annual Governor's Hurricane
Conference
(memorandum dated January 14, 2015)
39-42
Approved out of County travel for Commissioners and staff to attend
the 29th Annual Governor's Hurricane Conference in Orlando, from
May 10, 2015 through May 15, 2015.
D. Miscellaneous Budget Amendment 005
(memorandum dated January 14, 2015) 43-50
E.
Approved Resolution 2015-008, amending the Fiscal Year 2014-2015
Budget.
M.A.C.E. (Multi -Agency Criminal Enforcement Unit) Project Generated
Income (PGI) Miscellaneous Budget Amendment 006
(memorandum dated January 14, 2015)
-58
Approved: (1) the utilization of Project Generated Income totaling
$3,214.15; (2) Budget Amendment 006; and (3) Resolution 2015-009,
amending the Fiscal Year 2014-2015 Budget.
F. Approval for Release of Final Payment to Weller Pools, LLC
(memorandum dated January 13, 2015) 59-61
_ _ _ _ _ _
Authorized the release of final payment of $67,386.00 to Weller Pools,
LLC, for repair work on the competitive pool at the North County
Aquatic Center.
G. 26th Street — Advance Acquisition of Right -of -Way, 5030 26th Street, 5920
26th Street, Ronee Suzan King and Stephen Allan Block, as Co -Trustees
under the Benjamin Block Trust — 1999
(memorandum dated January 12, 2015)
62-81
Approved and authorized the Chairman to execute the Contract for
Sale and Purchase of the King/Block property for $68,268; directed
staff to take the needed right-of-way from the property after
purchase; and authorized the sale of the remaining property, if any,
at sealed bid or by auction.
H. GHO Lake Sapphire Corp's Request for Final Plat Approval for a
Subdivision to be known as Lake Sapphire
(memorandum dated January 12, 2015)
82-88
Granted final plat approval for the Lake Sapphire Subdivision.
9:40 1. Utility Construction Standards, March, 2014, January 2015 Revision —
a.m. UCP 3110
(memorandum dated January 12, 2015)
89-96
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):43
a.m.
Commissioner Zorc sought and received clarification regarding fire
hydrant guard posts.
ON MOTION by Commissioner Flescher, SECONDED by Chairman
Davis, the Board unanimously adopted the revised Indian River
County Department of Utility Services Water, Wastewater and
Reclaimed Water Utility Construction Standards, dated March 2014,
revised January 2015, as presented.
Hutton Growth One, LLC / Family Dollar Store, Developer Agreement
for Developer Contributions to Culvert Pipe Improvements on the South
Side of 45" Street
(memorandum dated January 7, 2015)
97-101
Commissioner Zorc pulled this item to comment on the value of the
culvert headwalls, and the agreement with the developer to pay the
County $30,000, which would offset some of the piping costs.
ON MOTION by Commissioner Zorc, SECONDED by Chairman
Davis, the Board unanimously approved Developer's Agreement with
Family Dollar Stores, Inc. (Hutton Growth One, LLC).
K. Authorization for NASPO Contract SW300 for Automated External
Defibrillators (AED) Equipment
(memorandum dated January 7, 2015)
L.
102-106
Approved the Participating Addendum to the National Association of
State Procurement Officials (NASPO) Contract, designating Indian
River County as a Participating Entity, and authorized the Chairman
to execute same after the County Attorney has approved it as to
content and legal sufficiency.
Approval of Agreement for Payment of Costs Associated with Creation of
the Oslo Park Area Street Lighting Municipal Service Benefit Unit,
Oceanside Subdivision Street Lighting Municipal Service Benefit Unit,
Oceanside Subdivision Street Paving and Maintenance Municipal Service
Benefit Unit
(memorandum dated January 14, 2015)
107-110
Approved the "Agreement for Reimbursement of Costs for Oceanside
Street Lighting District Oceanside Paving District Oslo Park Street
Lighting District Municipal Service Benefit Unit," and authorized
staff to proceed with the required public hearings.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
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10. PUBLIC ITEMS
9:46
a.m.
A. PUBLIC HEARINGS
1. Beth Ann Atamer's Request for Special Exception Use and
Conceptual Planned Development (PD) Plan Approval for a Project
to be known as Hampton Woods East
{memorandum dated January 8, 2015)
111-123
Quasi -Judicial
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Each Commissioner, as requested by the Chairman, disclosed ex
parte communications, site visits, or independent investigations.
They also affirmed that they have an open mind and can base
their decisions on the evidence presented and applicable law.
The Chairman opened the Public Hearing.
The Deputy Clerk administered the Oath to all persons who
wished to speak at the hearing.
Community Development Director Stan Boling explained the
Special Exception Use and Conceptual Planned Development
(PD) approval request for the Hampton Woods East project;
described the project process; identified the dedications and
improvements; defined the proposed PD waivers for the
project; discussed the public benefits for the project; and
pointed out the environmental issues associated with the
proposed project. He urged the Board to approve the PD plan
with the recommendations outlined in staff's report (relating to
tree mitigation, and providing for a street light, fire hydrant, a
tree preservation area, and utility easement). He informed the
Board that the Planning and Zoning Commission (PZC)
unanimously recommended that the special exception use and
conceptual PD plan be approved with staff's recommendations.
Commissioner O'Bryan sought and received information
regarding sewer services.
Wesley Mills, of Mills, Short and Associates, 800 8th Street, Vero
Beach, Project Engineer, in response to Commissioner Zorc's
BCCt208
r 2, A,ttachment tin nconveyed that the storm water design would capture
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10:02
a.m.
Thomas Sherman, 1415 43rd Court, voiced concern over a house
that had burned down near Hampton Woods.
Chairman Davis said he would ask Code Enforcement to look
into the situation.
There being no additional speakers, the Chairman closed the
Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously granted special
exception use and conceptual Planned Development (PD) Plan
approval with the following conditions: (1) prior to preliminary
PD Plan/Plat approval, the applicant shall obtain
Environmental Planning staff approval for the project's tree
mitigation plan; (2) prior to issuance of Certificate of
Completion for the project, the applicant shall install the
required street light and fire hydrant, as depicted on the
conceptual PD Plan; and (3) Prior to or via the final plat
process, the applicant shall: (a) establish a 25' wide tree
preservation area along the project site's entire 46th Avenue
frontage, and (b) establish a 15' utility easement along the
project site's north property line.
2. Approval of a Resolution Electing to Use the Uniform Method for
the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for the Oceanside Subdivision Street Lighting
Municipal Service Benefit Unit
(memorandum dated January 14, 2015)
124-129
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Deputy County Attorney Bill DeBraal spoke about the creation
of a new Municipal Service Benefit Unit (MSBU) to recover the
costs of street lighting improvements in Oceanside Subdivision;
described the process of establishing the MSBU; and
recommended the Board approve the Resolution and authorize
staff to proceed with the second public hearing.
Discussion ensued between the Board and staff regarding the
petition -driven request of the residents for street lighting and
road improvements.
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Kathleen Taylor, 2180 Waltons Court, said she and 88% of her
neighbors were in favor of the project, and reported that the
neighbors who would be affected had been notified in writing.
There being no other speakers, the Chairman closed the Public
Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, the Board unanimously: (1) authorized
staff to proceed with the second public hearing; and (2)
approved Resolution 2015-010, electing to use the uniform
method for the levy, collection, and enforcement of non ad
valorem assessments pursuant to Florida Statute 197.3632 to
recover the costs of street lighting and maintenance in the
Oceanside Replat Subdivision area.
10:09 3. Approval of a Resolution Electing to Use the Uniform Method for
a.m. the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for the Oceanside Subdivision Street Paving and
Maintenance Municipal Service Benefit Unit
(memorandum dated January 14, 2015)
130-135
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Attorney DcBraal informed the Board that this Municipal
Service Benefit Unit (MSBU) would recover the costs of road
repaving in the Oceanside Subdivision. He recommended
approval of the Resolution and authorization for staff to
proceed with the second public hearing.
The Chairman opened the Public Hearing.
Kathleen Taylor, 2180 Waltons Court, revealed that this started
because one of the developers had passed away, and the other
left town abruptly, and for this reason the roads were never
turned over to the County.
There being no other speakers, the Chairman closed the Public
Hearing.
A brief discussion ensued regarding the MSBU process for
roads and streetlighting.
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10:14
a.m.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously': (1) authorized
staff to proceed with the second public hearing; and (2)
approved Resolution 2015-011, electing to use the uniform
method for the levy, collection, and enforcement of non ad
valorem assessments pursuant to Florida Statute 197.3632 to
recover the costs of street paving and maintenance in the
Oceanside Replat Subdivision area.
4. Approval of a Resolution Electing to Use the Uniform Method for
the Levy, Collection and Enforcement of Non Ad Valorem
Assessments for the Oslo Park Area Street Lighting Municipal
Service Benefit Unit
(memorandum dated January 14, 2015)
136-143
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Attorney DeBraal advised the Board that this Municipal Service
Benefit Unit (MSBU) would recover the costs of street lighting
and maintenance for the Oslo Park area (17th Street SW north
to 7th Street SW and 27th Avenue SW east to the Lateral J
Canal). He recommended the Board approve the resolution and
authorize staff to proceed with the second public hearing.
A brief discussion ensued pertaining to the security lights in the
neighborhood.
The Chairman opened the Public Hearing. There being no
speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Davis, the Board unanimously: (1) authorized staff to
proceed with the second public hearing; and (2) approved
Resolution 2015-012, electing to use the uniform method for the
levy, collection, and enforcement of non ad valorem assessments
pursuant to Florida Statute 197.3632 to recover the costs of
street lighting and maintenance in the Oslo Park area.
B. PUBLIC DISCUSSION ITEMS
10:19 (As a general rule, public discussion items should be limited to matters on
T.,,, 4- ,.,�..y.....:7,,: n
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Request to Speak from Mike DeGeorge, President and Sherri Davis,
Vice President, Trillium Homeowner's Association 144-146
Trillium Homeowner's Association (IIOA) President Mike
DeGeorge and Vice President Sherri Davis used a PowerPoint
presentation to communicate their concerns over the
landscaping and irrigation damage they said occurred from the
66th Avenue widening project. They elaborated on the damage
to the plants in their landscaping beds along 66th Avenue from
lack of water, heavy equipment, and their landscaping company
being restricted from the construction zone, which resulted in
damages of about $14,446.
Administrator Joseph Baird and Director Mora reiterated the
County's policy that if vegetation or irrigation is put on the
County's right-of-way, the County is not responsible for the
damage, if work needs to be done in that area.
Discussion ensued regarding the right-of-way between the
HOA's wall and the sidewalk; and the need to obtain a permit
for any work within the right-of-way.
Commissioner O'Bryan supported the County's Policy and
reasoned that the sidewalk delineates public from private
property even though the right-of-way goes to the wall.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Solari, to approve the
replacement of the dead plants in the bed that is west of the
sidewalk (between 26th and 33rd Streets and up to the wall), and
authorize staff to issue the permit so the HOA could reestablish
irrigation in the right-of-way at their own risk.
Mr. DeGeorge felt the policy should had been explained better
and believed they should receive compensation.
Further discussion ensued regarding the original design
standards; safety issues; and the cost estimate of the damage.
MOTION WAS AMENDED by Commissioner O'Bryan, to
replace any dead plants in beds that are west of the sidewalk
and up to the wall (between 26th and 33" Streets). Motion
DIED for lack of a SECOND.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Vice Chairman Solari, to TABLE this item;
a:....�� ��rr
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Administrator Baird asked if three bids should be obtained and
the Chairman agreed.
Commissioner Zorc suggested the HOA define the damage east
of the sidewalk and west of the sidewalk, as two separate
estimates, and bring the information back to the Board.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called for a break at 10:47 a.m., and reconvened
the meeting at 10:55 a.m., with all members present.
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
C.
Community Development
None
Emergency Services
None
General Services
None
Human Services
None
2. Sandridge Golf Club
None
3, Recreation
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D.
E.
Human Resources
None
Office of Management and Budget
10:56 1. Policy Direction — Dori Slosberg Driver Education Fund
a.ni. (memorandum dated January 14, 2015)
147-149
Management and Budget Director Jason Brown provided
background on the Dori Slosberg Driver Education Fund, and
noted that in 2010, the Indian River County School District
stopped providing driver education courses in the high school
because of funding constraints. Due to the significant interest to
help provide driver education to local students, staff inquired
whether the School District would consider restarting a driver
education program, and they expressed interest, with the
understanding that the program would be funded by the Dori
Slosberg fee. He explained the options available for the
provision of driver education for Indian River County students,
and asked the Board to make a policy decision on whether to
charge the Dori Slosberg fee of $5.00 on traffic citations.
A brief discussion ensued regarding training through virtual
online classes and behind the wheel, and the revenue being
available equitably to all educational institutions in the County.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Zorc, to direct staff to draft an
Ordinance to reinstitute the Dori Slosberg fund.
Alnia Lee Loy supported Harriet Greene in her efforts to
promote traffic safety for teenagers, the Dori Slosberg Driver
Education Safety Act, and the Indian River County Traffic
Education Program Trust Fund.
Tom Lockwood, 2230 Falls Circle, voiced support for the
program.
John Bolen, Drivers Education teacher in Stuart, FL,
commended Ms. Greene and Ms. Loy for their efforts in
promoting traffic safety for teenagers.
Shawn Frost, 6700 77th Street, Education Activist, supported
bringing the driver's education program back into the schools.
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F.
G.
11:18
a.m.
Harriet Greene voiced her passion for youth safety and the Dori
Slosberg Driver Education Program.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
Public Works
None
Utilities Services
1. Draft Alternative Water Supply Plan Phase I Preliminary
Evaluation
(memorandum dated January 9, 2015)
150-168
Jill Grimaldi, Senior Project Manager with CDM Smith, Inc.
(CDM), used a PowerPoint presentation to outline the draft
Alternative Water Supply Evaluation report, which included:
the six proposed phases of the project; existing conditions;
reservoir sizing; the existing water treatment plant capacity;
agricultural demand; required acreage; pollutant load
reduction; cost estimates; aquifer storage/recovery; and the
pros and cons of adding a surface water reservoir (SWR) or an
Aquifer Storage and Recovery (ASR).
Discussion ensued throughout the presentation as
Commissioners posed questions to staff and expressed opinions
regarding CDM's report.
Commissioner O'Bryan read the Indian River Neighborhood
Association's comments into the record, which supported staff's
recommendation (on file).
The Chairman called for a break at 12:33 p.m., and reconvened
the meeting at 12:43 p.m., with all members present.
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Commissioner Flescher, to distribute the study to alt
stakeholders, especially St. Johns River Water Management
District and incorporate their comments in the final report.
Commissioner O'Bryan pointed out that the second part of
staffs recommendation was to negotiate a cost proposal with
CDM to embark on Phase 2 — modeling to determine the
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decide, the information will help the Board evaluate and
determine which system to go with.
Discussion ensued regarding data collection, unknown water
factors, and identifying the source origin of nitrogen and
phosphorous.
MOTION WAS AMENDED hy Vice Chairman Solari,
SECONDED by Commissioner Flescher, to include authorizing
staff to negotiate on a cost proposal with CDM.
Robert Adair, member of the Soil and Water Conservation
District for Indian River County, applauded staff's report; felt
the information would be crucial for developing a long-term
water supply; and asked the Board to continue looking at the
cost advantages of ASR. He also encouraged the Board to move
forward, and keep the process open to the stakeholders.
Chairman Davis asked staff to put the draft Alternative Water
Supply Evaluation report on the County's website.
Helene Caseltinc, Economic Development Director, Indian
River Chamber of Commerce, supported staff's
recommendation and believed the information was crucial for
economic development purposes.
Chairman Davis asked if the motion was clear and Vice
Chairman Solari said to make it staffs recommendation.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved the distribution of
the study to all stakeholders, especially St. Johns River Water
Management District and to incorporate their comments in the
final report; and authorized staff to negotiate on a cost proposal
with CDM to embark on Phase 2 — Modeling to determine the
available volume of water in the canal system.
13. COUNTY ATTORNEY MATTERS
12:53 A. 2015 Committees Vacancies — Appointments
p.m. (memorandum dated January 13, 2015) 169-172
County Attorney Dylan Rcingold reviewed the committee vacancies
and qualified applicants for the designated positions, and requested the
Board review the list and decide which applicants to appoint. Although
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until the February 10, 2015, Board of County Commission meeting to
make an appointment.
In response to Commissioner O'Bryan, Attorney Reingold disclosed
that the Children's Services Advisory Committee vacancy was brought
to the Board as an "Informational Item" on January 6, 2015.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, the Board unanimously appointed John Dyer to the
Economic Development Council for a 4 -year term.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously appointed Chad R.
Hamlin to the Enterprise Zone Development Agency for a 4 -year term.
12:56 B. Extension of Lease Agreement with Gifford Youth Activity Center, Inc.
p.m. (memorandum dated January 12, 2015)
12:59 C.
173-179
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to approved Resolution 2015-013, approving a
First Amendment to Lease Agreement with the Gifford Youth Activity
Center, Inc., for County owned property known as the Gifford Youth
Activity Center, Inc.
Commissioner O'Bryan asked that the name on the documents reflect
their new name, "Gifford Youth Achievement Center, Inc."
MOTION WAS AMENDED by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to approve Resolution 2015-013, approving a
First Amendment to Lease Agreement with the Gifford Youth
Achievement Center, Inc. (f/k/a Gifford Youth Activity Center, Inc.),
for County owned property known as the Gifford Youth Achievement
Center.
Freddie Woolfork, 4590 57`11 Avenue, thanked the Board for their
continued support, the Lease Extension, and for recognizing the name
change.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
Addition - Emergency Item: Request to Appeal Final Orders Issued by
the Department of Juvenile Justice (Memorandum dated January 15,
2015)
Assistant County Attorney Kate Pingolt Cotner provided background
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v • a 1 Th. A
the official Stipulation of Facts Agreements that Indian River County,
as well as other Counties, entered into December of 2013. She said
almost a year after the DJJ received jurisdiction, it issued Final Orders
for the challenges, and after the County Attorney's office received
copies of the Final Orders on January 13, 2015, it was discovered that
the Final Orders were flawed - they included cost-sharing calculations
based on a set of administrative rules that Indian River County has
been challenging in litigation. She requested the Board authorize the
County Attorney's office to file an appeal with Florida's First District
Court of Appeals for the Final Orders issued by DJJ.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Vice Chairman Solari, to authorize Indian River County to file an
appeal with Florida's First District Court of Appeals to challenge the
Department of Juvenile Justice's Final Orders for Case Number 11-
0995, et al, which challenged the cost-sharing estimates for Fiscal Year
2009-2010, Case Number 11-5894 which challenged the cost-sharing
estimates for Fiscal Year 2010-2011, and Case Number 13-1442, et al.,
which challenged the cost-sharing estimates for Fiscal Year 2011-2012.
Chairman Davis asked if Indian River County would be joining the
other Counties.
Attorney Pingolt Cotner explained that each County is in a different
situation; therefore, Indian River County would be representing itself.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
14. COMMISSIONERS MATTERS
1:03
p.m.
A. Commissioner Wesley S. Davis, Chairman
Addition - Emergency Item: Venue Request from American
Coalition for Property Rights and Florida Not All Aboard
Chairman Davis asked the Board to consider granting the
American Coalition for Property Rights and Florida Not All.
Aboard's request to use the parking lots adjacent to the
Administration Building for a public event on Saturday, March
7, 2015, from 1:00 p.m. until 4:00 p.m.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Davis, to grant the American
Coalition for Property Rights and Florida Not All Aboard's
82
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B.
C.
D.
E.
Attorney Reingold mentioned that there may be additional
requirements that need to be met before the groups proceed.
He reminded the Board that if they grant approval to one
group, they will essentially be agreeing to all groups.
Vice Chairman Solari noted that the venue requested was for
Saturday, not during office hours.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
Commissioner Bob Solari, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Peter D. O'Bryan
None
Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
1:09
p.m.
A.
B.
Emergency Services District
None
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 December 16, 2014
2. Amendment No. 6 to Republic Services
(memorandum dated January 6, 2015) 180-184
Final Pay for CDM Smith Work Order No. 8 — 2014 Annual Permit
Compliance Monitoring & Reporting
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1 C2S_1
C.
4. Request to Bid on the Former Indian River Correctional Institution
(memorandum dated January 12, 2015) 195-199
Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
1:28 p.ni.
ATTEST:
4rmb
Afir"-Ar, ,72.174
air • I'
Jeffrey R. Sinn , CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
B .
Deputy Clerk
BCC/LA/2015Minutes
Wesley S. Davis, Chairman
ot,.!A7rse-Approved: FEB 1 7 2015
.....
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