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COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, OCTOBER 7, 2014
County Commission Chamber
Indian River County Administration Complex
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.iregov.com
Peter D. O'Bryan, Chairman
District 4
Present
Joseph A. Baird, County Administrator
Present
Wesley S. Davis, Vice Chairman
District 1
Present
Dylan Reingold, County Attorney
Present
Joseph E. Flescher
District 2
Present
Jeffrey R. Smith, Clerk of the Circuit
Present
Bob Solari
District 5
Present
Court and Comptroller
Tim Zorc
District 3
Present
Maureen Gelfo, Deputy Clerk
Present
1' CALL TO ORDER 9:00 A.M.
2' INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and
Comptroller
3' PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis, Vice
Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 a.m. Move: Item 10.A.1. Public Hearing on Harmony Reserve to be heard at a time
certain of 1:30 p.m.
Move: Item 10.B.1. Public Discussion to be heard following Item 13.C. County
Attorney Matters
Move: Item 13.C. Oslo Boat Ramp Presentation to be heard following
Item 9.A. Constitutional Officers
ON MOTION by Vice Chairman Davis, SECONDED by Chairman O'Bryan,
the Board unanimously approved the Agenda as amended.
Board of County Commission Minutes Page 1
October 7, 2014
PAGE
5. PROCLAMATIONS and PRESENTATIONS
9:09 a.m. A. Presentation of Proclamation Recognizing the Support Alliance for
Emergency_ Resiliency (SAFER) Indian River County, Inc: 1-3
Presented by Commissioner Zorc to Lt. Charles Kirby; Lisa Poziomek,
American Red Cross; Director of Emergency Services John King; and
Community Emergency Response Team (CERT) members. Ms.
Poziomek announced that SAFER would hold a fundraiser on October
24, 2014 at the Elks Lodge, beginning at 6:00 p.m., with the comedy
show "Laughter Saves Lives" to occur at 8:00 p.m.
9:16 a.m. B. Presentation of Proclamation Designating October 5 Through October 11,
2014 as Mental Illness Awareness Week in Indian River County, Florida 4
Presented by Vice Chairman Davis to Valerie Smith, President, National
Alliance for Mental Illness (NAMI); Jim Davis, NAMI member and Vice
Chairman Mental Health Collaborative; Judge Cynthia Cox, 19th
Judicial Circuit; Robert Brugnoli, Executive Director Mental Health
Association; Lisa Kahle, Mental Health Collaborative Program
Administrator; Deputy Jeff Luther, Indian River County Sheriff's
Office; Chief Keith Touchberry, Fellsmere Police Department; Art
Ciasca, Executive Director Suncoast Mental Health Center; and Vicki
Soule, Executive Director Treasure Coast Community Health.
9:26 a.m. C. Presentation of Proclamation Designating October 2014, as Manufacturing
Month in Indian -River County, Florida 5
-----------------------------------------------------------------
Presented by Chairman O'Bryan to Helene Caseltine, Economic
Development Director, Indian River Chamber of Commerce, and Jay
Hart, Economic Leadership Alliance of the Chamber of Commerce;
James Funk, Piper Aircraft; and Tim Girard, Girard Manufacturing.
Ms. Caseltine announced that on Thursday, October 9 and Friday,
October 10, 2014 at 10:00 a.m., there will be manufacturer's tours of
Float On Corporation at 1925 98th Avenue.
6. APPROVAL OF MINUTES
A. September 10, 2014 Preliminary Budget Hearing
9:33 a.m. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner
Flescher, the Board unanimously approved the minutes of the
Preliminary Budget Hearing of September 10, 2014.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
Board of County Commission Minutes Page 2
October 7, 2014
9:34 a.m. A. Florida Department of Transportation Public Meeting Announcement —
Wednesday, October 22, 2014. SR 5/US 1 Project Development &
Environmental Study From South of 53'd Street (MP 9.762) to North of
CR 510 (MP 14.457)
(letter dated September 25, 2014)............................................................... 6-1
Chairman O'Bryan pointed out that the Florida Department of
Transportation (FDOT) public meeting will be held on October 22,
2014 from 5:30 p.m. to 7:30 p.m. at the Polish -American Social Club.
B. Fitch Ratings Press Release — Indian River County's Spring Training
Facility Revenue Bonds, Series 2001, Indian River County's
Environmentally Sensitive Land Acquisition Bonds, Series 2006
(memorandum dated -September -29, 2014) -----------------------------------
Temporary Utilization of Office Space by the Veteran's Council of
Indian River, Inc.
(memorandum dated_September 23, 2014) ------------------------------------------------------I i
8. CONSENT AGENDA
9:34 a.m. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc,
the Board unanimously approved the Consent Agenda as presented.
A. Approval of Warrants — September 12, 2014 to September 18, 2014
(memorandum dated September 18,_2014) ---------------------------------------------- 18-:
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Approval of Warrants — September 19, 2014 to September 25, 2014
_ (memorandum dated_ September 25,2014) -_ _ _ _ _ _ _ _ _ _ 26
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
C. Annual Renewals for Professional Service Agreements for Annual
Surveying and Mapping Services Contract IRC Project No 1333
RFQ # 2013043
dated July 21, 2014)------------------------------------------------------ 33-:
--(memorandum - - -- ----------------------
Approved the fee schedules and renewal of the agreements
between the County and the following five firms: (1) Carter
Associates, Inc.; (2) Kimley-Horn & Associates, Inc.; (3)
Masteller, Moler & Taylor, Inc. (f/k/a Masteller, Moler, Reed &
Taylor, Inc.); (4) Morgan Eklund, Inc.; and (5) Southeastern
Surveying and Mapping Corporation; the approval shall
establish a contractual agreement with the selected firms.
Board of County Commission Minutes Page 3
October 7, 2014
D. Work Order No. 7 CB&I Coastal Planning and Engineering, Inc.
Sector 3 Dune Repair Project — Construction Phase Services
(memorandum dated September 29-,-2-01-4) 51-:
Approved and authorized the Chairman to execute Work Order
No. 7 to the contract with CB&I Coastal Planning and
Engineering, Inc.
E. Mediated Settlement; Beverly Hatfield
(memorandum dated_ September 22, 2014) 6C
Approved the amended mediated settlement with Beverly
Hatfield in the amount of $380,448.03.
F. Authorization to Attend Government Finance Officers (GFOA) and
Florida Government Finance Officers Association (FGFOA) Annual
Conference, Training Course, and School of Government Finance in
Fiscal Year 2014/2015
(memorandum dated September 0
-------------------------------p-----------18- �-214------)61-------------------------- ----------------
Authorized the County Administrator to attend the 2014
Florida Government Finance Officers Association (FGFOA)
School of Governmental Finance from November 17 to
November 21, 2014; the 2015 Government Finance Officers
Association (GFOA) Annual Conference from May 31 to June 3,
2015; the 2015 FGFOA Annual Conference from June 13 to
June 17, 2015; and GFOA Training Classes (to be determined).
G. Reimbursement for Palm Trees for 66th Avenue Road Project to
Bella Vista Nursery
(memorandum dated October 1 2014) 62-t
Approved the invoice and authorized staff to remit payment in
the amount of $7,500 to Bella Vista Nursery.
9:02 a.m. H. Egret Marsh Stormwater Park — Approval of FDEP Grant
Agreement No. S0733 to Replace Egret Marsh Harvest Rake
(memorandum dated September -1-6-,-2-01-4) 65-1
Approved and authorized the Chairman to execute Florida
Department of Environmental Protection (FDEP) Agreement
No. S0733, and authorized staff to purchase and install the
second -generation harvest screen manufactured by Duperon
Corporation.
Board of County Commission Minutes Page 4
October 7, 2014
I. Amendment No. 1 — FDEP Grant Agreement No. 14IR2 Sector 3
Dune Repair Project
(memorandum dated_ September 29,_2014)___________________________________________ 95-1
Approved Amendment No. 1 to the Florida Department of
Environmental Protection (FDEP) Grant Agreement No. 141112
and authorized the Chairman to execute two (2) copies of the
Agreement.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:35 a.m. A. Indian River County Sheriff — Deryl Loar
Application for Florida Traffic Safety Grant Funded by Florida
Department of Transportation
_(letter dated September 29,_2014) _________108-
----- ---- ----
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Solari, to approve the Sheriff's
request.
Grants Coordinator Amber Grier, Indian River County
Sheriffs Office, explained that the grant will provide funds to
equip 65% of the patrol vehicles with new ticket printers, and
will also prepare the Sheriffs Office to submit traffic citations
electronically.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board authorized the Sheriffs Office
to use the Florida Department of Transportation (FDOT)
Florida Traffic Safety Grant funds in the total amount of
$77,745, if approved by FDOT.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1:33 p.m. 1. Harmony Reserve, LLC's Request to Rezone
Approximately 122.06 Acres from RS -3, Residential
Single -Family (up to 3 units/acre), to PD, Planned
Development Residential, and to Obtain Conceptual PD
Plan Approval for a Project to be known as Harmony
Reserve
(memorandum dated September 23, 2014) 132--
(Quasi -Judicial)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
------------ -------------- - --- ------------------
The Commissioners, as requested by the Chairman,
disclosed that there had been no ex parte
Board of County Commission Minutes Page 5
October 7, 2014
communications or independent investigations.
Although there have been no site visits, Commissioners
Davis, Flescher, O'Bryan, and Solari announced they
have driven by the site, and Commissioner Zorc said he
had heard about (but not discussed) the Project. Each
Commissioner affirmed that he had an open mind and
was able to base his decision on the evidence presented
and the applicable law.
The Deputy Clerk administered the Oath to all persons
who wished to speak at the hearing.
Community Development Director Stan Boling
provided background and analysis on the request of
Harmony Reserve LLC (c/o J. Patrick [Toby] Hill) to
rezone ± 122.06 acres located west of 58th Avenue,
between 37th Street on the north and 33rd Street on the
south, for the purpose of constructing 301 single-family
and 96 multi -family units, and to obtain conceptual
Planned Development (PD) approval for a proposed age
restricted (55 plus) community, Harmony Reserve. He
conveyed that both the Planning & Zoning Commission
and staff recommend: (1) conceptual approval of the
Project, with conditions to restrict 37th Street heavy
construction traffic and limit land clearing by phase;
and (2) the proposed zoning changes.
In response to questions from the Board, Director
Boling provided additional information about the
Certificates of Completion (CC's); the current and
proposed zoning of the site; the 55+ age requirement;
and the anticipated trip generation rates.
Chuck Mechling, Operations, and Karen Mechling,
Marketing/Lifestyle Director, for Insite Solutions, Inc.,
representing the applicant, presented a video on the
proposed Harmony Reserve PD.
The Chairman opened the Public Hearing.
Andrea Moore, The Sanctuary, expressed concerns
about traffic, and asked the Board not to allow
Harmony Reserve any PD waivers for higher density
development.
Juliana Young, 5865 34th Lane, Shadow Brook, voiced
support for the proposed project.
Board of County Commission Minutes Page 6
October 7, 2014
Joseph Paladin, President Black Swan Consulting, also
spoke in favor of the Project.
There were no additional speakers, and the Chairman
closed the Public Hearing.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Solari, to approve staff's
recommendation.
A brief discussion ensued, with input from Director of
Public Works Chris Mora, about current and future
road improvements near the proposed PD.
Chairman O'Bryan provided a brief clarification on
County zoning laws and land use designations, in
response to comments Ms. Moore made earlier.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) approved,
with conditions defined by staff, the conceptual plan for
a project to be known as the Harmony Reserve Planned
Development (PD); and (2) adopted Ordinance 2014-
015, amending the Zoning Ordinance and the
accompanying Zoning Map from RS -3, Residential
Single -Family (up to 3 units/acre) to PD, Planned
Development, for approximately 122.06 acres of land
generally located west of 58t" Avenue, between 37th
Street on the north and 33rd Street on the south 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.)
Each speaker listed below elaborated on his or her concerns that
the Oslo Boat Ramp Project (the Project) would negatively
impact the area's unique ecosystem — the manatee and fish
habitat (including a nursery site for snook, tarpon, redfish and
spotted sea trout); seagrass beds; mangroves; and the Indian
River Lagoon. All urged the Board to STOP the Project.
10:58 a.m. 1. Request to Speak from Paul Fafeita Regarding Oslo Boat
Ramp
Board of County Commission Minutes Page 7
October 7, 2014
Captain Paul Fafeita, 955 82"d Avenue, retired Indian
River County Sheriffs Office, Member Coastal
Conservation Association Treasure Coast Chapter,
owner/operator of Just Bumminit Guide Service, and
part owner of Florida Boat Rentals, spoke against the
Project.
The Board discussed with Mr. Fafeita, the
channel/channel markers; prior plans and permitting
activities; parking plans/enforcement; dredging; the
mitigation plan; and boat sizes.
Vice Chairman Davis requested that transcripts of the
Oslo Boat Ramp Administrative Hearings that were
held June 4 through June 6, 2014, in response to Pelican
Island Audubon Society's petition to halt the Oslo Road
Boat Ramp Project, be made available to the public.
11:29 a.m. 2. Request to Speak from Mark Yanno Regarding Oslo Boat
Ramp 18'
--------------------------------------------------------------------------------------------
Mark Yanno, 1695 20t' Place SW, Fishing Guide and
former biologist with U.S. Fish and Wildlife Service and
the Florida Department of Environmental Protection
(FDEP) Aquatic Preserve read a statement and
provided arguments against the Project.
The Board discussed with Mr. Yanno the muck/silt in
the channel; the run-off from the dirt road and the
turbidity in the Lagoon; the proposed parking lot; the
manatee slow speed zone; sea grass health; the dredging
of the channel; and the public's use of conservation
land.
Chief of Environmental Planning and Code
Enforcement Roland DeBlois was directed to provide
Mr. Yanno a copy of the approved Conservation
Management Plan for the Oslo Diamond Tract.
3. Request to Speak from Rodney Smith, Chairman of the
Board, Anglers for Conservation, Regarding Oslo Boat
Ramp 1 g
---------------------------------------------------------------------------------------------
Absent
12:16 p.m. 4. Request to Speak from Ffed Cr-abill, Ghaifman, Coastal
Gonsen,ation Asseeiati J. Scott Green, former Chairman
of Florida Coastal Conservation Association, Regarding
Oslo -Boat -Ramp 181
Board of County Commission Minutes Page 8
October 7, 2014
---------------------------------------------------------------------------------------------
J. Scott Green, Osteen, Florida, and Hutchinson Island
Homeowner, former Chairman of Florida Coastal
Conservation Association, appeared on behalf of Fred
Crabill, Current Chairman of the Coastal Conservation
Association of Florida, and spoke against the Project.
3:31 p.m. 5. Request to Speak from Lange Sykes Regarding Oslo Boat
Ramp Expansion Project ------------------------------------------------------------
(Clerk's Note: This item was heard following Item 14.1).1.
and is placed here for continuity).
------------------- -------------------------------------------------------------------------
Lange Sykes, 836 Riomar Drive, presented a video
showing fish recruitment canals and the existing
seagrass beds within the proposed dredging site, and
urged the Board to stop the Project.
The Board discussed with Mr. Sykes, the ditches/dikes
at the site; the muck/sand in the proposed dredging site;
the seagrass; the run-off from the current road and
parking area; the shallowness of the launch area; the
scope of the Project; and the juvenile fish recruitment
site.
3:55 p.m. 6. Request to Speak from Marty Baum Regarding Oslo Boat
Ramp---------------------------1 81
Marty Baum, 1192 NE Frances St., Indian Riverkeeper,
read a statement opposing the Project.
3:59 p.m. 7. Request to Speak from Brendan Burke Regarding Oslo
Boat Ramp
Brendan Burke, 516 Conn Way, urged the Board to
TABLE the Project.
4:02 p.m. 8. Request to Speak from Phyllis Frey Regarding Oslo Boat
Ramp--- -------------------------------------- --- ---18
Phyllis Frey, 275 Date Palm Road, provided arguments
opposing the Project.
12:22 p.m. 9. Request to Speak from Walter Tabachnick Regarding Oslo
Boat Ramp Project
(Clerk's Note: This item was heard following Item 10.B.4.
and is placed here for continuity). --------------------------------------------- 181
------------------------------------
-------18'
Walter Tabachnick, 465 40th Court SW, Director
Florida Medical Entomology Laboratory at Oslo Road,
spoke in opposition to the Project.
Board of County Commission Minutes Page 9
October 7, 2014
-------------- -----------------------------------------------------------------------
The Board discussed with Mr. Tabachnick, the fragility
of the Lagoon and the new Audubon Education Center
built at Oslo Road.
12:44 p.m. 10. Request to Speak from Dr. Grant Gilmore Regarding Oslo
Boat Ramp
-------------------------------------- - --- ----
191
Dr. Grant Gilmore, 5920 1st Street SW, Senior Scientist
Estuarine, Coastal and Ocean Science, Inc. (ECOS)
read a statement (copy on file) opposing the Project.
The Board and Dr. Gilmore discussed the nursery site
at the habitat for spotted sea trout, red drum, snook,
and tarpon; the seagrass; and the existing road at the
boat ramp.
Commissioner Flescher made arrangements to visit the
Oslo Boat Ramp site with Dr. Gilmore.
The Chairman called a recess at 1:08 p.m., and
reconvened the meeting at 1:30 p.m., with all members
present, resuming with Item 10.A.1. Public Hearing on
Harmony Reserve. The other public speakers on this
topic were heard following the conclusion of all
remaining agenda items.
4:08 p.m. 11. Request to Speak from Edith "Edie" Widder, Ph.D. Co -
Founder, Ocean Research & Conservation Association
(ORCA), Regarding Oslo_ Boat -Ramp 19
- -------------
(Clerk's Note: This item followed Item 10.B.8. Request to
Speak from Phyllis Frey, and is placed here for
continuity).
Dr. Edith "Edie" Widder, 1420 Seaway Drive, Ft.
Pierce, CEO, Ocean Research & Conservation
Association (ORCA), provided testimony against the
Project.
4:14 p.m. 12. Request to Speak from Steve Cox Regarding Oslo Boat
Ramp 19:
-------- -- --- - -- ---- ---------------- ----- - -----------
Steve Cox, 1908 37 Avenue, Lagoon Tour Operator,
presented arguments opposing the Project.
Mr. Cox and the Board discussed the ailing Indian
River Lagoon; the ditches at the site; potential effects of
the turbidity from runoff and muck on the seagrass;
stormwater treatment; the mitigation project at Joe
Board of County Commission Minutes Page 10
October 7, 2014
------------------- ------------------------------------------------------------------
Earman Island; and funding sources for the Project.
Jens Tripson, 2525 14th Street, presented additional
information on Joe Earman Island (the proposed
mitigation site).
Environmental Planner Roland DeBlois provided input
on mitigation projects at Joe Earman and Duckhead
Islands.
County Administrator Joe Baird discussed Round
Island Park.
The Chairman called a recess at 4:36 p.m., and
reconvened the meeting at 4:53 p.m., with all members
present.
4:53 p.m. 13. Request to Speak from Aaron Adams, Bonefish & Tarpon
Trust, Regarding Oslo Boat Ramp 19.
-
--- ----- - -- -- -- ---- - -- --- - ----------------------------------------
Dr. Aaron Adams, 805 46th Place East, Associate
Professor Florida Tech, and Director Bonefish &
Tarpon Trust (BTT), voiced opposition to the Project.
5:02 p.m. 14. Request to Speak from David Cox, Ph.D., Regarding Oslo
Boat -Ram --- -------------------- -------191
David Cox, Ph.D., 2044 14t�' Avenue, Suite 24, asked the
Board to stop the Project, and discussed seagrass
measurement methodology.
5:17 p.m. 15. Request to Speak from Katie Tripp, Director of Finance and
Conservation, Florida Save the Manatee Club, Regarding
Oslo Boat Ramp -----------------------------19.
-------------------- -------------------
Dr. Katie Tripp, 500 North Maitland Avenue, Director
of Finance and Conservation, Florida Save the Manatee
Club, presented arguments against the Project.
Dr. Tripp and the Board discussed/debated conditions
at the Channel; seagrass, and the compliance of the
Project with the Manatee Protection Plan (MPP).
Deputy County Attorney Bill DeBraal stressed that at
the Oslo Boat Ramp Administrative Hearing
(referenced under Item 10.13.1), the Judge found that
the proposed project is not in violation of the MPP.
Commissioner Flescher stated that he would review the
section of the Administrative Hearing transcript
Board of County Commission Minutes Page 11
October 7, 2014
-------------------- ------------------------------------------------------------------
regarding the Project and the MPP.
5:37 p.m. 16. Request to Speak from Graham Cox Regarding Oslo Boat
Ramp 191
-------------------------------- ------ ----- ----- ----------------
Dr. Graham Cox, 1213 George Street, Sebastian,
presented arguments against the Project.
5:48 17. Request to Speak from Dr. Leesa Souto, Executive
p.m. Director, Marine Resources Council, Regarding Oslo Boat
Ramp 19"
-------------------------------------- ---- ----- ----
Dr. Leesa Souto, 3275 Dixie Highway N.E., Palm Bay,
Executive Director Marine Resources Council, gave
testimony opposing the Project.
Chairman O'Bryan invited input from the following
individual who had submitted a written request to
speak:
5:59 p.m. Sharon Kohler, 545 Honeysuckle Lane, presented and
discussed a slide comparing Indian River Lagoon
Seagrass coverage from 1943 to the present, and
elaborated on her opposition to the Project.
Vice Chairman Davis voiced concerns about the silt and
sediment run-off from the unpaved road into the
Lagoon, and the turbidity that he felt harms the
seagrass. He stated that the Project will benefit the
environment.
Chairman O'Bryan read into the record: (1) a letter
(copy on file) from Representative Ralph Poppell
supporting the Project; and (2) a statement (copy on
file) from the Indian River Neighborhood Association
(IRNA) recommending that the Board delay its decision
on the Project and try to find a solution agreeable to all
parties.
-------------------------------------------- - --- --- ----
Chairman O'Bryan invited further public input.
6:22 p.m. Susan Boyd, 8025 24th Street, asked the Board to
TABLE this issue for several years.
6:25 p.m. Melanie Smith, 3295 9"' Place SW, spoke against the
Project.
6:28 p.m.
Tricia Alison, 402 Pineapple Square SW, urged the
Board to listen to the testimony of the scientific
Board of County Commission Minutes Page 12
October 7, 2014
---------------------------------------------------------------------------------------------
community that the seagrass at the site is not being
harmed by the run off.
6:32 p.m. Vice Chairman Davis noted that in other areas,
turbidity barriers are erected to prevent the silt from
running off into the tributaries.
Chairman O'Bryan responded that six seagrass surveys
6:33 p.m. have been done where the muck removal is proposed,
and all show less than 1.5% seagrass coverage. He also
spoke to the detrimental effects of turbidity on the
seagrass beds.
6:44 p.m. Donna Palmquist, 1455 Treasure Coast Lane, asked the
Board to make prudent decisions and stop the Project.
6:46 p.m. Pearl McKenzie, 1125 91h Street SW, read a letter on
behalf of Karen Schuster, 112 Thunderbird Drive,
Sebastian, requesting that the Board deny the expansion
of the Oslo Boat Ramp.
6:49 p.m. Doug Graybill, 500 Palm Island Lane, asked the Board
to delay the Project and meet with all of the scientists
who explored this issue to decide the best course of
action for the Oslo Boat Ramp site.
6:51 p.m. Commissioner Zorc relayed that he would also like to
take an investigative trip to the Boat Ramp site before
he makes a final decision on this matter.
Discussion ensued about the status of the County's
permit application with the U.S. Army Corps of
Engineers.
Commissioner Solari remarked that there is no
conclusive evidence that the Project will not harm the
Lagoon ecosystem.
7:05 p.m. MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Zorc for discussion, to
delay the Oslo Boat Ramp Project for three to five
years, and to use every available resource for projects
that would have a greater certainty of improving the
Lagoon's health.
7:07 p.m. Commissioner Zorc requested that Commissioner
Solari amend his Motion to table this item until the
Board of County Commission Minutes Page 13
October 7, 2014
---------------------------------------------------------------------------------------------
October 21, 2014 County Commission meeting, or a
Special Call Meeting to be held before October 31, 2014.
MOTION WAS AMENDED to DEFER the Board's
action until the October 21, 2014 County Commission
Meeting or a Special Call Meeting to be held before
October 31S`, 2014.
Vice Chairman Davis declared his opposition to
delaying the Project for three to five years.
The Chairman CALLED THE QUESTION and by a 3-
2 vote (Commissioners O'Bryan and Davis opposed),
the Motion carried.
C. PUBLIC NOTICE ITEMS
2:17 p.m. 1. Notice of Scheduled Public Hearings on October 14,
2014:
(memorandum dated September 26, 2014) 19.
- - - - -------------- - - -------- --- --
a. SR 60 Vero, LLC's Request to Rezone Approximately
19.99 Acres from RM -8 Residential Multi -Family (up to 8
units per acres) 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
[Quasi -Judicial]
--------------------------------------------------------------------- ---
b. Consideration of an Ordinance to amend the text of the
Title X (Impact Fees) 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
Le islative
Board of County Commission Minutes Page 14
October 7, 2014
2. Notice of Scheduled Public Meeting on October 28
2014:
A joint public meeting has been scheduled with the Indian
River Shores Town Council, City of Vero Beach City
Council, and the Indian River County Board of County
Commission, on Tuesday, October 28`x', 2014, at 9:00 a.m.
The meeting will be held at the Richardson Center located
at the Mueller Campus of Indian River State College, 6155
College Lane, Vero Beach, Florida.
(memorandum dated - October -2-,-1-04) -------19'
- - -------------------------------- ----------------------------
County Attorney Dylan Reingold read the notices into
the record.
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
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
Board of County Commission Minutes Page 15
October 7, 2014
F. Public Works
None
G. Utilities Services
2:20 1. Indian River Drive — Water Assessment Project Update
p.m. (memorandum dated September 25 2014) 200-202
Director of Utility Services Vincent Burke reported that
pursuant to the Board's direction on September 23,
2014, staff has completed the engineering design for the
Indian River Drive Water Assessment Project (the
Project). He noted that less than two-thirds (2/3) of
the residents had voted in favor of the Project. Director
Burke provided two options for the Board's
consideration: (1) direct staff to secure the Florida
Department of Environmental Protection (FDEP)
permit, which is valid for five years, and see if
additional votes come in; or (2) direct staff to take no
action at this time.
Director Burke responded to the Board's questions and
comments about the Project.
Vice Chairman Davis wanted to bring this matter to a
Public Hearing to see if an additional vote can move the
Project forward.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Zorc, to hold a Public
Hearing on Scenario No. 2 of the Indian River Drive
Water Assessment Project (see page 202 of the agenda
packet), to see if more support for the Project is
garnered, which would bring the votes up to the
required two-thirds majority to proceed.
Alex Jernigan, Sebastian, voiced support for the Public
Hearing.
Chairman O'Bryan confirmed with Director Burke that
he would apply for the FDEP Permit for Scenario No. 1
of the Project design (outlined on page 202 of the
agenda package). He noted that if the Board decides to
go with Scenario 2 at the Public Hearing, the FDEP
Permit could be adjusted accordingly.
MOTION WAS AMENDED by Vice Chairman Davis,
SECONDED by Commissioner Zorc, to direct staff to
apply for the Florida Department of Environmental
Board of County Commission Minutes Page 16
October 7, 2014
Protection (FDEP) permit for Scenario No. 1 of the
Indian River Drive Water Assessment Project with the
understanding that if Scenario 2 of the Project is
approved at the Public Hearing, the FDEP permit will
be modified accordingly.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) directed
staff to schedule a Public Hearing on Scenario No. 2 of
the Indian River Drive Water Assessment Project to
explore whether an additional vote for the Project will
bring about the required two-thirds majority to
proceed; and (2) directed staff to apply for the Florida
Department of Environmental Protection (FDEP)
permit for Scenario No. 1 of the Indian River Drive
Water Assessment Project (outlined on page 202 of the
agenda packet), with the understanding that if Scenario
2 of the Project is approved at the Public Hearing, the
FDEP permit will be modified accordingly.
13. COUNTY ATTORNEY MATTERS
2:30 p.m. A. Settlement of Indian River County v. Hometown America, LLC and
MHC Village Green, LLC
(memorandum -dated - September 29, 2014 -------------------------------------------- 2-03--'
ON MOTION byCommissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved the
settlement with Hometown America, LLC and MHC Village
Green, LLC, and authorized the Chairman to execute any
documents necessary to effectuate the settlement.
2:31 p.m. B. Resolution Opposing All Aboard Florida
(memorandum dated September 30, 2014) 210
---------------------------------------------------------------------- ----- ----
(Clerk's Note: Item 14.D.1. was heard in conjunction with this
matter).
County Attorney Dylan Reingold recalled the Board's direction
on September 23, 2014 for his office to draft a resolution
opposing the proposed All Aboard Florida (AAF) Passenger
Rail Project. He stated that key issues addressed in the
document included: impacts to the communities from the high
speed rail; funding subsidies for the Project; and the condition
that proposed train stops must be approved by the Central
Florida Expressway Authority (f/k/a/ the Orlando/Orange
County Authority). He said that if approved by the Board,
copies of the Resolution will be sent to Governor Rick Scott;
State Senators Thad Altman and Joe Negron; State
Board of County Commission Minutes Page 17
October 7, 2014
------------------------------------------------------------------------ ----
Representatives Debbie Mayfield and Gayle B. Harrell; the
Federal Railroad Administration (FRA); U.S. Senators Marco
Rubio and Bill Nelson; U.S. Representatives Bill Posey and
Patrick Murphy, and Florida Department of Transportation
Secretary Ananth Prasad.
Chairman O'Bryan asked that the last "WHEREAS" on the
first page of the Resolution be amended to read "WHEREAS, it
is now also understood that in addition to the federal
assistance... for a new rail station at the Orlando International
Airport which will benefit All Aboard Florida and other transit
systems; and..."
The Chairman invited public comment.
Keith Kite, Realtor, Indian River County Tourist Development
Council, gave a presentation in support of the All Aboard
Florida High Speed Rail Project, and asked the Board to deny
or table the proposed Resolution opposing All Aboard Florida.
Discussion/debate ensued as individual Board Members
discussed their views of the Project with Mr. Kite.
Joseph Paladin, President Black Swan Consulting, spoke in
opposition to the All Aboard Florida Project.
Phyllis Frey, 275 Date Palm Road, presented arguments
opposing the All Aboard Florida Project.
3:13 p.m. Item 14.D.1. was presented at this time.
Commissioner Solari voiced objections to AAF seeking a
federal subsidy for its project and to misrepresentations by
AAF to the community. He also read part of a letter dated
September 30, 2014, that was sent by the County Administrator
to Rusty Roberts, Vice President Corporate Development,
Florida East Coast Industries (FECI), regarding the suggestion
of All Aboard Florida (AAF) and FECI for the County to apply
for the Federal Department of Transportation (FDOT)
Railroad Quiet 'Zones Grant (QZ Grant). In said letter,
Administrator Baird had advised FECI that the County does
not yet have enough information to apply for the FDOT QZ
Grant.
MOTION WAS MADE by Commissioner Solari, SECONDED
by Commissioner Flescher, to: (1) approve Resolution 2014-
090, amended to add wording to the last "WHEREAS" on the
Board of County Commission Minutes Page 18
October 7, 2014
-------------------------------------------------------------------------------------- --
first page "WHEREAS, it is now also understood that in addition
to the federal assistance... for a new rail station at the Orlando
International Airport which will benefit All Aboard Florida and
other transit systems; and..." OPPOSING All Aboard Florida;
and (2) for the citizens of the Treasure Coast to continue
standing up against All Aboard Florida.
Mr. Kite readdressed the Board about population growth in the
State of Florida and the traffic congestion and pollution that
this will cause.
Discussion/debate ensued between Mr. Kite and Commissioner
Solari regarding his (Commissioner Solari's) letter of
September 30, 2014 (pages 216 & 217 of the agenda package) to
Rusty Roberts.
Mark Yanno declared his opposition to the All Aboard Florida
Project, asking the Board to work towards maintaining the
small town atmosphere of this area.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
9:37 a.m. C. Oslo Boat Ramp Presentation
(memorandum dated- October_ 1,_ 2014)------------------------------------------------- 21
-
(Clerk's Note: This item was heard following Item 9.A.)
Deputy County Attorney William DeBraal, pursuant to Board
direction on September 23, 2014, presented a report on the
history and development of the Oslo Boat Ramp Project. He
discussed the changes that were made to the plans after review
by various permitting agencies, and stated that the current
approved plan proposes a paved parking lot with 12 boat
trailer and 11 car spaces; a dock extension; muck removal from
a portion of the existing channel; a guardrail; vinyl sheet piling;
a sidewalk; and roadway paving. He noted that 1.41 acres of
wetlands will be impacted, whereas 5.0 acres would have been
affected by the original plan. He stated that other project
improvements included signage; an off-site mitigation project;
manatee slow -speed restrictions; more channel markers; and
construction of a dock perpendicular to the ramp. He
described the large amount of muck found at the channel site,
and disclosed that in accordance with testimony presented at
the Oslo Boat Ramp Administrative Hearing, six seagrass
surveys have shown that there is a statistically insignificant
amount of seagrass within the proposed muck removal site. He
also noted that the area has been undamaged by boat use for a
Board of County Commission Minutes Page 19
October 7, 2014
---------------------------------- ---------------------------------------------------------
minimum of five years.
Discussion ensued, with input from Roadway Production
Manager Mike Nixon, on stormwater treatment in the Oslo
Boat Ramp area.
Commissioner Solari supported the right of the public to use
the boat ramp, but was concerned that appreciable harm might
be done to the already fragile Lagoon by significant use.
Attorney DeBraal provided additional information for
Commissioner Flescher regarding the road paving and size of
the boat trailers the ramp can accommodate. He stressed that
the muck removal would be done with a suction dredge, and
that the proposed plan is in compliance with State and local
regulations. He also noted that the County is waiting for
various Federal permits from the U.S. Army Corps of
Engineers.
Commissioner Zore sought and received further information
on St. John's River Water Management District's (SJRWMD)
role at the Administrative Hearings; prop scarring; channel
markers; the size of the Oslo Boat Ramp, and the scope of the
Project.
Chairman O'Bryan commented that the additional
navigational markers and signage would keep boaters within
the Channel. He pointed out that the Project's environmental
impacts have been minimized since the original plans were
drawn; and noted that environmental experts helped design the
mitigation plans.
Discussion ensued on the precise location of the proposed muck
removal.
Attorney DeBraal addressed the Board's questions about the
mitigation project planned for Joe Earman Island.
Commissioner Solari commented on the significant decline of
the seagrass beds and the Lagoon since the Project's inception,
and suggested delaying the project until the seagrasses and
Lagoon are restored. He advocated to "Do No Harm."
Chairman O'Bryan stated that the Basin Management Action
Plan (BMAP) allocates credits for muck removal, and that the
seagrasses will benefit from cleaning up the turbidity in the
channel. He also remarked on the benefits of the mitigation
Board of County Commission Minutes Page 20
October 7, 2014
-------------------------------------------------------------------------------------------------------
plan.
----- -------------------------------------------------------------------------------------------------
The Chairman called a recess at 10:40 a.m., and reconvened the
meeting at 10:59 a.m., with all members present.
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Bob Solari A
3:12 p.m. 1. IRC Not All A'Jboard
(memoranduin'dated October 1, 2014) ------------------------ 215-217___
---------------------------------------------------
(Clerk's Note: ,Please see Item 13.B. for discussion and
Motion on this item).
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
3:30 p.m. The Board reconvened as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are available
separately.
1. Approval of Minutes — September 10, 2014 Preliminary
Budget Hearing
3:30 p.m. 2. Final Pay for CDM Smith Work Order No. 9 — Annual
Permitting Services 2014
(memorandum dated September 26, 2014) ----------------------- 218-224
-----------------------
C. Environmental Control Board
None
Board of County Commission Minutes Page 21
October 7, 2014
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 7:15 p.m.
ATTEST:
--- a441��#7
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By: Cy� L-'
Deputy Clerk �r.•�Z� r.0LI4f S
i
BCC/MG/2014Minutes •��9y'• ,
Wesley S. Davis, Chairman
Approved: November 18, 2014
Board of County Commission Minutes Page 22
October 7, 2014