HomeMy WebLinkAbout10/14/2014 (4)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 14, 2014
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
District 4 Present
District 1 Present
District 2 Present
District 5 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
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, Indian River County Sheriff
Department
Commissioner Peter D. O'Bryan, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 Deletion: Item 9.A. Executive Session with Indian River County Sheriff Deryl Loar
a.m. to Discuss Teamsters Union Negotiations with Major James G. Harpring, General
Counsel, at a time Certain of 11:00 a.m.
Addition: Item 10.B.3. Request to Speak from Honey Minuse Regarding an Update
on the Vero Beach Rail Commission and the Train Impact Coalition (TIC).
Addition: Item 14.A. Discussion to Set a Date for a Vote on the Oslo Boat Ramp
Project.
PAGES
Board of County Commission Minutes
October 14, 2014 Page 1
5. PROCLAMATIONS and PRESENTATIONS
9:03 A. Presentation of Proclamation Designating October 17, 2014, as
a.m. Erdheim -Chester Research and Awareness Day in Indian River County, FL 1
Presented by Chairman O'Bryan and received by Cindy Livings, on behalf
of Kathy Brewer of the Erdheim -Chester Disease (ECD) Global Alliance.
9:14 B. Presentation of Proclamation Designating the Month of October, 2014, as
a.m.
National Arts and Humanities Month 2
Presented by Commissioner Solari to Barbara Hoffman, Chairman of the
Board of Directors Cultural Council of Indian River County.
6. APPROVAL OF MINUTES
9:21 A. September 16, 2014 Final Budget Hearing
a.m.
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Davis, the Board unanimously approved the Final Budget Hearing minutes
of September 16, 2014, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Florida Department of Agriculture and Consumer Services, Florida Forest
Service, Annual Fire Management Report 3-7
9:21 B. CareerSource Research Coast Fall 2014 Job Fest, October 15, 2014, Indian
a.m.
River County Fairgrounds Expo Center 8
Noted for the record was the 2014 Fall Job Festival, scheduled for October
15, 2014, at the Indian River County Fairgrounds Expo Center, from 10:00
a.m. to 2:00 p.m.
C. Proclamation Celebrating the Garden Club of Indian River County 9
8. CONSENT AGENDA
9:23
a.m.
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Davis, the Board unanimously approved the Consent Agenda.
A. Approval of Warrants — September 26, 2014 to September 30, 2014
(memorandum dated September 30, 2014)
10-15
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
Board of County Commission Minutes
October 14, 2014 Page 2
B. Approval of Warrants — October 1, 2014 to October 3, 2014
(memorandum dated October 3, 2014)
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
C. Request for Approval to Redraw Precinct #2 Boundary Lines on Newly
Annexed Land and Authorization to Trade-in Existing EViD (electronic poll
books) by Indian River County Supervisor of Elections, Leslie R. Swan
(letter dated October 7, 2014)
Authorized the Supervisor of Elections to: (1) move the boundaries for
voting in Precinct No. 2 to coincide with the new City of Fellsmere
boundary lines; and (2) trade in all 104 Electronic Voter Identification
(EViD) units (electronic poll books) for new machines.
D. Award of Bid No: 2014045, 69th Street Bridge over the Indian River Farms
Water Control District (IRFWCD) Lateral G Canal, IRC Project No. 1363
(memorandum dated September 30, 2014)
16-23
24-28
29-39
Approved bid award to Melvin Bush Construction, Inc., Port St. Lucie, in
the amount of $224,228.88; approved the sample agreement; and
authorized the Chairman to execute said agreement after receipt and
approval of the required Public Construction Bond and Certificate of
Insurance, and after the County Attorney has approved the Agreement as
to form and legal sufficiency.
E. F.D.O.T. Transportation Regional Incentive Program (TRIP) Agreement
Amendment No. 3 and Resolution Authorizing the Chairman's Signature, IRC
Project No. 0545B - 66th Avenue from SR -60 to 41st Street, FM# 425883-1-58-
01
(memorandum dated October 2, 2014)
40-45
Adopted Resolution 2014-091, with the Florida Department of
Transportation authorizing the Chairman's execution of Amendment No.
3 to the Transportation Regional Incentive Program Agreement FM No.
425883-1-58-01 for construction (widening and reconstruction) along 66th
Avenue from SR -60 to 41st Street.
F. Adoption of Revised Purchasing Manual
(memorandum dated October 6, 2014) 46-80
Approved the revised Purchasing Policies and Procedures Manual.
G. VB Three Oaks, LLLP Request for Partial Release and Replacement of
Conservation Easements at 1955 74th Avenue (The Villas at Three Oaks
Subdivision)
(memorandum dated October 7, 2014)
81-92
Approved Resolution 2014-092, releasing portions of conservation area
Tract E and Tract F in the Villas at Three Oaks Subdivision.
Board of County Commission Minutes
October 14, 2014 Page 3
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:24 A. Indian River County Sheriff Deryl Loar
a.m. Time Certain: 11:00 a.m.
Request for an Executive Session with the Board of County Commissioners
Pursuant to s. 447.605, Florida Statutes, to Discuss Teamsters Union
Negotiations with Major James G. Harpring, General Counsel, at a Time
Certain of 11:00 a.m.
(letter dated October 6, 2014)
93
Deleted
10. PUBLIC ITEMS
Clerk's Note: These items were heard following Item 10.B.3. Public
Discussion, and are placed here for continuity.
9:54
a.m.
A. PUBLIC HEARINGS
1. Request for the Board of County Commissioners to Consider an
Ordinance to Approve New Impact Fee Schedules for Residential Uses
and Automated Warehouse Use, and Modify the Title X Impact Fee
Ordinance Regulations for the Unincorporated Indian River County
and Municipalities
(memorandum dated October 1, 2014)
94-165
(Legislative)
Community Development Director Stan Boling, using a
PowerPoint presentation, recalled that in July 2013 the Board
hired Tindale -Oliver and Associates, Inc. to conduct an update of
Impact Fees; a Workshop was held on January 22, 2014 whereby
the consultant presented a preliminary report that did not include
school impact fee information; in February and March of 2014
staff conducted "road shows" to present preliminary findings and
receive feedback; in April 2014 the Commissioners adopted
reduced impact fees for non-residential uses; on June 11, 2014 a
Workshop was held on residential impact fees which included
school impact fees; and in September 2014 the School Board held a
Workshop and Special Meeting on school impact fees and voted to
request that the Board of County Commissioners adopt the
recommended impact fees for schools.
Director Boling presented the following proposals: (1) to accept the
final technical report; (2) to accept the complete impact fee
schedules: residential (school impact fees) and high cube
automated warehouse; (3) approve text changes to the impact fee
ordinance (updated level of service (LOS), appeals, individual
assessments, and new exemption for improvements to older
structures); and (4) approve the fee resolution which would
Board of County Commission Minutes
October 14, 2014 Page 4
eliminate and reduce certain application review fees.
10:00 Associate Principal Nilgun Kamp from Tindale -Oliver, used a
a.m. PowerPoint presentation to summarize the consumption -based fee
calculation methodology, and the recommended fee rates.
10:06 Tyson Smith, Esq., White and Smith, LLC, Planning and Law
a.m. Group, Charleston, SC, on behalf of Tindale -Oliver and Associates,
Inc., provided some legal aspects of the project and the calculation
of impact fees.
Chairman O'Bryan affirmed with Attorney Smith that the total fee
in the technical report had been properly calculated and would be
legally defensible.
Commissioner Zorc sought and received further details regarding
the complexities of school impact fees; the potential capacity to
meet the 10 -year growth plan; and the lack of revenue-sharing for
charter schools.
Vice Chairman Davis voiced concerns about possible challenges in
court, and wanted to know what Fund the refunds would come
from.
Commissioner Flescher asked about charter schools, student
counts, and whether the numbers had been skewed.
10:25 Steven Tindale, Chief Executive Officer, informed the Board that
a.m. there had been no skew with the numbers, explained why the
generation rates were a little lower per home, provided reasons
why the fees were reduced, and believed that over time revenue
would be generated to fund the school system.
Chairman O'Bryan stated that the Board would be focusing on the
adoption of the technical report, the residential fee schedule, and
the cube warehouse rate.
The Chairman opened the Public Hearing.
10:29 Indian River County School Board Chairman Carol Johnson
a.m. emphasized that by law, impact fees do not apply to charter
schools. She said unless there is growth, impact fees are not
collected.
10:34
a.m. Charles Wilson, 2134 18`" Avenue, Vero Beach, provided
background regarding impact fees, thanked the Board for their
patience on the issue, and reiterated the purpose of impact fees.
Board of County Commission Minutes
October 14, 2014 Page 5
10:42 Dan Lamson, Executive Director of the Indian River
a.m. Neighborhood Association, supported the Impact Fee Ordinance
changes.
10:43 Dale Simchick, School Board member, supported transparency
a.m. and the adoption of the Ordinance.
10:48
a.m.
10:56
a.m.
11:10
a.m.
11:17
a.m.
There being no other speakers, the Chairman closed the Public
Hearing.
MOTION WAS MADE by Commissioner Solari, SECONDED by
Commissioner Flescher, to accept the Consultant's (Tindale -Oliver
and Associates, Inc.) Impact Fee Update Final Report, dated
September 26, 2014.
Discussion ensued regarding the use of impact fees.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
MOTION WAS MADE by Commissioner Solari, SECONDED by
Chairman O'Bryan, to adopt the updated residential impact fee
schedules and amended non-residential impact fee schedules, to
include the new high cube (automated) warehouse category, as
contained in Appendix A of the Ordinance.
A brief discussion ensued regarding commercial impact fees and
the calculation of the full rate.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
The Chairman called for a break at 10:59 a.m., and reconvened the
meeting at 11:10 a.m. Commissioners Davis and Flescher joined the
meeting at 11:14 a.m.
Director Boling continued his presentation. He reviewed the
proposed text modifications to Title X of the Impact Fee
Ordinance, and the proposed revision of fees for processing impact
fee refund applications and individual assessments.
The Chairman re -opened the Public Hearing.
Charles Wilson supported the adoption of the resolution to
eliminate and reduce certain impact fee related application review
fees, and further explained the impact fee rules, level of service,
and appeals process.
Board of County Commission Minutes
October 14, 2014 Page 6
11:22
a.m.
11:23
a.m.
11:24
a.m.
11:27
a.m.
There being no other speakers, the Chairman closed the Public
Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2014-016, amending Title X, Impact Fees, of the Code
of Indian River County, to amend the text of Title X for Level of
Service Standards used in Impact Fee Calculations, exemptions,
individual assessments, appeals, and various updates and clean up
revisions; and to amend Appendix A, Impact Fee Schedules, to
approve new Impact Fee Schedules for residential uses and for
high -cube automated warehouse use for the unincorporated Indian
River County and Municipalities; providing for effective date for
new Impact Fee Schedules; and providing for codification;
severability; and effective date.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2014-093, revising fees for processing Impact Fee
Refund Applications and individual assessments.
2. SR 60 Vero, LLC's Request to Rezone Approximately 19.99 Acres
from RM -8 Residential Multi -Family (up to 8 units per acre) to
Planned Development Mixed Use District (PDMXD) and to Obtain
Conceptual PD Plan and Concurrent Preliminary PD Plan Approval for
a Project Known as The Reserve at Vero Beach
(memorandum dated October 2, 2014)
166-211
(Quasi -Judicial)
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.
Director Boling used a PowerPoint presentation to explain SR 60
Vero, LLC's request to rezone +19.99 acres from Residential
Multi -Family (RM -8) to Planned Development Mixed Use District
(PDMXD). The project site is located between SR 60 on the north,
College Lane on the south, Century Town Center/Olive Garden on
the east and Sixty Oaks on the west. The proposed development
would consist of 159 multi -family units comprised of seven 3 -story
buildings, and 4.55 acres of commercial in the form of three
Board of County Commission Minutes
October 14, 2014 Page 7
11:55
a.m.
different parcels. Director Boling spoke about the proposed
improvements, conditions, landscaping, and project phasing. He
reported that the Planning and Zoning Commission (PZC)
recommended that the Board approve the project with the
condition that evidence will be presented to the Board with respect
to project traffic impacts, especially impacts of the 58th Avenue /
SR 60 intersection. He also relayed staff's recommendation for the
Board to approve the proposed PDMXD rezoning and the
conceptual PD plan with conditions.
The Board sought and received further details throughout the
presentation.
Attorney Bruce Barkett supported staff's presentation; believed
the project would be a viable way to develop the property; and felt
it would be a critical link on the SR 60 corridor; however, he did
not agree with the condition that the western most parcel not be
permitted to have a drive-through facility situated on it.
11:55 Mark Dugan, property owner in SixtyOaks, voiced concerns over
a.m. the intersection of SR 60 / 58th Avenue, and increased noise and
traffic.
There being no other speakers, the Chairman closed the Public
Hearing.
12:02 ON MOTION by Vice Chairman Davis, SECONDED by
p.m. Commissioner Solari, the Board unanimously: (1) approved the
proposed Planned Development Mixed Use District rezoning and
the conceptual Plan Development plan with conditions as described
by staff; and (2) adopted Ordinance 2014-017, amending the
Zoning Ordinance and the accompanying Zoning Map from RM -8,
Residential Multi -Family (up to 8 units/acre), to PDMXD, Planned
Development Mixed Use District, for approximately 19.99 acres of
land generally located on the south side of SR 60 approximately
1,200 feet west of 58th Avenue and described herein and providing
for 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.)
Clerk's Note: These items were heard following Item 8. Consent Agenda.
Board of County Commission Minutes
October 14, 2014 Page 8
9:24 1. Request to Speak from Patricia Hunt Regarding Request for Evening
a.m. Meetings Once a Month, Public Records Statute, 119.07, and Sign to
be Posted on the Street of the County Buildings Regarding
Designated Parking
212
Patricia Hunt, Roseland, updated the Board on a recent Vero
Beach City Council meeting; requested the Board consider
holding a once -a -month evening meeting; requested that a sign
be posted on the street of the County Administration buildings
identifying "no parking" areas; and requested that the Sheriff's
office provide her with the Courthouse video surveillance tape of
March 27, 2014.
9:33 2. Request to Speak from Fred Mensing Regarding Bringing Forward
a.m. Frauds of Indian River County 213-214
Fred Mensing, 7580 129 Street, provided history concerning a
court case from 2008 that dealt with a 60 -foot strip of land on
the Fleming Grant Plat; provided details of a lawsuit that he
plans to file; and requested the Board pay the Judgment for
$123,000 to avoid the lawsuit.
9:41 3. Addition: Request to Speak from Honey Minuse Regarding an
a.m. Update on the Vero Beach High -Speed Rail Commission and the
Train Impact Coalition (TIC).
9:51 Honey Minuse, 27 Starfish Drive, Vero Beach, Chairman of the
a.m. Indian River Neighborhood Association Executive Committee,
provided background and an update on the Vero Beach City
Council's High -Speed Rail Commission and the Train Impact
Coalition (TIC); listed numerous impacts that All Aboard
Florida (AAF) would create; spoke about the local
organizations/agencies involved in the TIC; and suggested there
be a coordinated effort between the Vero Beach City Council,
Sebastian City Council, and Indian River County Commission,
so there would be a singular response. She also informed the
Board that during the joint meeting between the Vero Beach
City Council and the Railroad Commission, there was a motion
passed to mimic the County's Resolution opposing the AAF high
speed passenger rail service project.
There was a brief discussion regarding the requirements and
obligations of the Environmental Impact Statement (EIS).
Board of County Commission Minutes
October 14, 2014 Page 9
C. PUBLIC NOTICE ITEMS
12:03 1. Notice of Schedule Public Hearing for October 21, 2014
p.m. To Consider Adoption of a Proposed Ordinance Amending the
Indian River County Code With Respect to Medical Marijuana
(memorandum dated October 6, 2014)
County Attorney Reingold read the Notice into the record.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
F.
Community Development
None
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
Public Works
None
215
Board of County Commission Minutes
October 14, 2014 Page 10
G.
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
12:04 A. Community Development Block Grant Citizen Advisory Task Force
p.m. (memorandum dated October 7, 2014) 216-226
Attorney Reingold provided a brief background regarding the Florida
Small Cities Community Development Block Grant (CDBG) Program,
and informed the Board that under a new rule from the Florida
Department of Economic Opportunity (DEO), an applicant requesting
funding may claim up to ten additional points in the CDBG application,
if there is an active Citizen Advisory Task Force (CATF), which has at
least five members, of which at least 51% whom are from low to
moderate income households. He stated that the County has an active
CATF, but there are eleven positions (four are vacant), and it does not
meet the 51%. He recommended the Board restructure the CATF from
eleven members to five, eliminating the four vacant positions, removing
the Director of Community Development, and eliminating one of the
members who exceeds the income threshold. He also requested that the
Board approve the following list of remaining CATF members: Joe
Idlette, Jr., Pastor William Mosley, Teddy Floyd, Leroy Smith, and Joe
Wiggins.
Chairman O'Bryan wanted staff to ensure that the CATF members
know that they will be an advisory committee for the "entire" county.
ON MOTION by Vice Chairman Davis, SECONDED by Commissioner
Zorc, the Board unanimously approved Resolution 2014-094, to formally
re -structure and re-establish the Community Development Block Grant
(CDBG) Citizen Advisory Task Force (CATF).
14. COMMISSIONERS MATTERS
12:08
P.m
A.
Commissioner Peter D. O'Brvan, Chairman
1. Addition: Discussion to Set a Date for a Vote on the Oslo Boat
Ramp Project
Chairman O'Bryan queried fellow Commissioners to see if they
wanted to bring the Oslo Road Boat Ramp Project back to the
October 21, 2014 Board of County Commission Meeting, or set a
Special Call Meeting for a formal vote.
Board of County Commission Minutes
October 14, 2014 Page 11
B.
C.
D.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved to schedule the
Oslo Boat Ramp Project vote to the Agenda of the October 21, 2014
Board of County Commission Meeting.
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Bob Solari
12:11 1. Reauthorization of the Florida Enterprise Zone Program
(memorandum dated October 7, 2014) 227-229
p.m.
Commissioner Solari stated he was the liaison to the Enterprise
Zone Development Agency, and relayed their request for a
Resolution supporting the reauthorization of the Florida Enterprise
Zone Program.
MOTION WAS MADE by Vice Chairman Davis, SECONDED by
Commissioner Solari, to approve a Resolution to support the
reauthorization of the Florida Enterprise Zone Program.
12:12
p.m. Helene Caseltine, Economic Development Director, Indian River
Chamber of Commerce, and Enterprise Coordinator, reported that
an identical Resolution was sent to the Vero Beach City Council last
week for their consideration, at their October 21, 2014 meeting. She
encouraged the Board to forward the executed Resolution to the
Governor, Senate President, and Speaker of the House, then once
all the committees are formed after the election, to send it to the
Committee Chairman.
E.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously. The Board approved Resolution 2014-095,
supporting reauthorization of the Florida Enterprise Zone
Program, currently set to sunset on December 31, 2015.
Commissioner Tim Zorc
None
Board of County Commission Minutes
October 14, 2014 Page 12
15. SPECIAL DISTRICTS AND BOARDS
12:14
p.m.
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
The Board reconvened as the Board of Commissioners of the
Environmental Control Board. Those Minutes are available separately.
1. Approval of Minutes Meeting of July 15, 2014
2. Report of Activities for First Quarter Fiscal Year 2013-2014
(October 1, - December 31, 2013)
(memorandum dated October 3, 2014)
230-233
3. Report of Activities for Second Quarter 2014 (January 1 — March
31, 2014)
(memorandum dated October 3, 2014)
234-235
4. Report of Activities for Third Quarter 2014 (April 1 — June 30,
2014)
(memorandum dated October 3, 2014)
236-240
5. Report of Activities for Fourth Quarter 2014 (July 1 — September 30,
2014)
(memorandum dated October 3, 2014)
241-243
Board of County Commission Minutes
October 14, 2014 Page 13
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:15
p.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman
Clerk of Circuit Court and Comptroller
By:
Approved: November 18, 2014
Deputy Clerk
BCC/LA/2014Minutes
Board of County Commission Minutes
October 14, 2014 Page 14