HomeMy WebLinkAbout11/18/2014 (8) BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, NOVEMBER 18, 2014
County Commission Chamber
Indian River County Administration Complex
Z.
ORVD�w 180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.iregov.com
COUNTY DISTRICT
COMMISSIONERS
Peter D. O'Bryan, District 4 Present Joseph A.Baird, County Administrator Present
Chairman
Wesley S. Davis, Vice District 1 Present Dylan Reingold, County Attorney Present
Chairman
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 Leona Adair Allen,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's
Department
3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney
OATH OF OFFICE BOARD OF COUNTY COMMISSIONERS
9:02 The Honorable Judge Joe A. Wild, Indian River County 19th Judicial Circuit Court of
a.m. Florida
Judge Joe A. Wild administered the swear-in and Oath of Office to Commissioners
Joseph E. Flescher and Peter D. O'Bryan.
9:06 ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
a.m. County Attorney Dylan Reingold conducted the election of the new Chairman and
Vice Chairman of the Board of County Commissioners.
Board of County Commission Minutes
November 18,2014 Page 1
Attorney Reingold conducted the election for Chairman by opening the floor to
nominations.
Commissioner O'Bryan nominated Commissioner Wesley S. Davis for Chairman.
There being no other nominations, Attorney Reingold called for a Motion to close
the floor to nominations.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Solari,
the Board unanimously closed the floor to nominations.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously elected Commissioner Wesley S. Davis as
Chairman of the Board of County Commissioners, effective November 18, 2014.
9:07 ELECTION OF BOARD OF COUNTY COMMISSION VICE-CHAIRMAN
a.m. Attorney Reingold opened the floor to nominations for Vice Chairman of the
Board of County Commissioners.
Commissioner O'Bryan nominated Commissioner Bob Solari for Vice Chairman.
Commissioner Flescher nominated Commissioner Tim Zorc for Vice Chairman.
There being no other nominations, Attorney Reingold called for a Motion to close
the floor to nominations.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously closed the floor to nominations.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner "Zorc,
the Board unanimously elected Commissioner Bob Solari as Vice Chairman of the
Board of County Commissioners, effective November 18, 2014.
Chairman Davis thanked Commissioner O'Bryan for the year he served as
Chairman of the Board, and commended him on a job second to none.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:08 Addition: Emergency Item 14.B.3. Facility Rental Fee
a.m.
ON MOTION by Commissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the agenda as amended.
5. PROCLAMATIONS and PRESENTATIONS 1
9:09 A. Presentation of Proclamation Designating November 24 through November 30,
a.m. 2014, As Religious Freedom Week in Indian River County
Board of County Commission Minutes
November 18,2014 Page 2
Vice Chairman Solari read the Proclamation. Bob Johnson was not present
to accept the Proclamation; Chairman Davis said he would ensure that Mr.
Johnson receives it.
9:12 B. Presentation of Proclamation Designating November 16 through November 22,
a.m. 2014, as National Hunger and Homelessness Awareness Week 2
------------------------ ---------- ----------- --------------------------------------
Commissioner Flescher presented the Proclamation to representatives of the
Homeless Family Center, Camp Haven, the Samaritan Center, and The
Source.
6. APPROVAL OF MINUTES
9:18 A. Regular Meeting of October 7, 2014
a.m.
B. Regular Meeting of October 14, 2014
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the meeting minutes of October
7, 2014, and October 14, 2014, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION 3-4
9:18 A. Proclamation and Retirement Award Honoring Kyle Wallace on His Retirement
a.m. from the Indian River County Board of County Commissioners Department of
Emergency Services/Fire Rescue with Thirty-Three Years of Service
------------------------- ---------------------- -------------------- -----
Noted for the record was the Proclamation and Retirement Award honoring
Kyle Wallace on his retirement.
B. Winter Holiday Hours of Operation — Thanksgiving through New Year's Day,
January 1, 2015
(memorandum dated November 10, 2014) 5-7
Noted for the record were the holiday hours of operation for the County's
public facilities, and the dates and times of their closure (pages 6 and 7 of the
Agenda Packet).
8. CONSENT AGENDA
9:19 ON MOTION by Commissioner Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda, pulling
8.Q. for discussion.
--------------------------------------------------------- -------
A. Approval of Warrants October 24, 2014 to October 30, 2014
(memorandum dated October 30, 2014) 8-16
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
Board of County Commission Minutes
November 18,2014 Page 3
B. Approval of Warrants October 31, 2014 to November 6, 2014
(memorandum dated-November-62-2-01-4)-------------------------------------------------------17-24______
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
C. 2015 Treasure Coast Regional Planning Council Comprehensive Economic
Development Strategy Committee District Appointment Member Listing
(memorandum dated November_3,_2014) ____________ 25-27______
Approved the reappointments of Mark Mathes, Rich Stringer, Helene
Caseltine, Randy Riley, and Glenn Heran to the Treasure Coast Regional
Planning Council (TCRPC) Comprehensive Economic Development
Strategy Committee, and authorized the Chairman to notify the TCRPC of
the Board appointments.
D. Indian River County Appointments to the Economic Opportunities Council
(memorandum dated_October23, 2014)________________________________________ 28-35
-
(memorandum-
the appointment of Miriam Gross, Jennifer Proper, and Linda
McConkey to the Economic Opportunities Council (EOC).
E. GHO Serenoa Corporation's Request to Replat a Portion Serenoa Phase I to be
Known as Serenoa Phase II
(memorandum dated-October 29, 2014)______________________________________________________ 36-42______
Granted approval to replat a portion of Serenoa Phase I to be known as
Serenoa Phase II.
F. 2015 Oblique Aerial Imagery Acquisition Project
(memorandum dated-November-72-2-01-4)----------------------------------------------------- 43-55______
Approved Pictometry International Corp. as the sole source provider;
waived the requirement for bids; authorized the execution of the contract as
described in Section A of the Agreement, in the amount of$118,054.00; and
authorized the Chairman to execute the Agreement and related documents.
G. Providence Pointe Vero Beach LLC Developer Agreements for Right-of-Way
Dedications and Developer-Funded Roadway and Drainage Improvements
(memorandum dated October 30, 2014) 56-82
Approved: (1) the Developer's Agreement for Off-Site Traffic Improvements
and Right-of-Way Dedication; and (2) the Agreement for the Dedication of
Right-of-Way, both with Providence Pointe Vero Beach LLC.
(Located between 49t1' Street and 53rd Street, along and west of 58th Avenue)
H. Aviation Boulevard/201h Avenue Intersection Improvements Final Payment-
Kimley-Horn and Associates, Inc., Work Order No. 8, IRC No. 1422
(memorandum dated November 5, 2014) 83-85
--------------------------------------------------------------------------------------------------------------------------
Approved final payment to Kimley-Horn and Associates, Inc. for the
complete design services and payment of Invoice No. 5997023, dated July 31,
2014, in the amount of$3,867.50.
Board of County Commission Minutes
November 18,2014 Page 4
---------------------------------------------------------------------------------------------------------------------------
I. RM-Trion Shoppes of Vero Beach LLC's Request for Extension of Site Plan
Approval for a Shopping Center to be Known as The Shoppes at Vero Beach
(memorandum dated November 5, 2014) 86-97
------------------------------------------------------ ------------------------------------------
Approved TM-Trion Shoppes of Vero Beach, LLC's request for a one-year
extension of the site plan and related preliminary plat approval for The
Shoppes at Vero Beach development, with all original approval conditions to
remain in effect. The new site plan and preliminary plat approval
expiration date will be November 13, 2015.
J. Lexington Place New LLC's Request for Final Plat Approval for a Subdivision to
be Known as Lexington Place Phase III
(memorandum dated November 6, 2014) 98-107
-------- -----------------------------------------------------------------------------------------------------------------
Granted final plat approval for Lexington Place Phase III.
K. Library System Long Range Plan Update
(memorandum dated November 5, 2014) 108-133
-------------- ---------------------------
Approved the Indian River County Library System Long Range Plan 2014-
2017.
L. Approval of 2014-2015 State-Funded Subgrant Agreement to Update Indian
River County's Hazards Analysis
(memorandum dated October 30, 2014) 134466
Approved the 2014-2015 State-Funded Subgrant Agreement, and accepted
the funding provided in the Agreement.
M. Extension of the Agreement for Blue Cypress Lake Park Operation
(memorandum dated October 29, 2014) 167-169
--------------------------------------------------------------------------------------------------------------------------
Approved and authorized the Chairman to execute the Fourth Amendment
to Agreement with H. Jean Middleton, for the extension of the Agreement
until September 1, 2025.
N. Annual Resolution Regarding Signatories
(memorandum dated November 10, 2014) 170-175
--------------------------------------------------------------------------------------------------------------------------
Approved Resolution 2014-104, directing depositories of County funds to
honor certain authorized signatures on County checks, warrants, and other
orders for payment; providing for Board of County Commissioners and
Clerk of the Circuit Court signatories; rescinding Resolution No. 2013-123
effective November 18, 2014 which speaks to authorized signatures on
County checks, warrants, and other orders for payment; and providing an
effective date.
Board of County Commission Minutes
November 18,2014 Page 5
O. Annual Resolution Delegating the Authority to the County Administrator or his
designee, to execute Resolutions Calling Letters of Credit as Necessary during a
Declared State of Local Emergency or Declared State of Florida Emergency
Affecting Indian River County
(memorandum dated November_10, 2014)-----------------------------------------------------176-178
__ ------------------------------------176-178
Approved Resolution 2014-105, delegating the authority to the County
Administrator or his designee, to execute Resolutions calling Letters of
Credit as necessary during a declared State of Local Emergency or declared
State of Florida Emergency affecting Indian River County; rescinding
Resolution 2013-121 effective November 18, 2014; and providing an effective
date.
P. Annual Resolution re Delegation of Authority Concerning Declarations of State
of Local Emergencies and to Act in a State Declared Emergency Affecting Indian
River County
(memorandum dated November-10, 2014) ________________________179-181----
--------------------------- - --------------------
Approved Resolution 2014-106, delegating authority to the County
Administrator to declare States of Local Emergencies and to act in a State of
Florida declared emergency affecting Indian River County; rescinding
Resolution No. 2013-122 effective November 18, 2014; and providing an
effective date.
Q. Request to Terminate Participation in FPL's Voluntary Commercial/Industrial
Load Control (CILC-1) Program
(memorandum dated-November 2014)-----------------------------------------------------182498___
- ---------------------- -
9:19 Commissioner O'Bryan elaborated on the County's voluntary participation
a.m. in FPL's program, and how some of the generators periodically "crank up"
in a test status to ensure they are operational, should they be needed in an
emergency. He announced that the Environmental Protection Agency (EPA)
recently passed new emission standards, of which two of the County's four
generators fall under. He said the cost to upgrade the generators to meet the
new emission standards would cost the County about $52,923 per year. He
felt this should have been phased in over time, and suggested sending letters
to Congressman Posey and Senators Nelson and Rubio, informing them that
this is an example of a Federal unfunded mandate that is costing taxpayers
money for a bureaucratic agency that makes a sweeping change with no
regard of how it affects people's dollars.
Chairman Davis asked that the letter mention that there is no way for the
people of Florida to vote the individuals responsible for this out of office.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice
Chairman Solari, to: (1) terminate the Commercial/Industrial Load Control
(CILC-1) program at the South County Wastewater and the South County
Reverse Osmosis (RO) facilities on or before December 31, 2014 to avoid any
Florida Power & Light (FPL) early termination charges; (2) approved the
continuation of the CILC-1 program at the West Regional Wastewater
Board of County Commission Minutes
November 18,2014 Page 6
-------------- ----------- --------------- -------------
Plant, and the North Hobart RO plant; and (3) send a letter to the
Legislative Delegation, which includes a statement regarding the residents
not having an opportunity to vote on those individuals who made the
decision.
Commissioner Zorc pointed out that the County now falls under new EPA
compliance standards for all emergency vehicles, and it will cost about
$35,000 to $40,000 per ambulance to meet the new requirements.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
R. Lease Extension and First Amendment to Ground Space Lease for Tower
Located at 3925 65th Street—Bellsouth Ground Lease
(memorandum dated November 12, 2014) 199-219
--------------------------------------------------------------------------------------------------------------------------
Approved the Lease Extension and First Amendment, with Florida 2B MPL
Tower Holdings, LLC, to the Ground Space Lease with a 4% annual rental
increase; and authorized the Chairman to execute the Lease Extension and
First Amendment and Memorandum of Lease Extension and First
Amendment on behalf of the Board, and any other documents necessary to
effectuate said amendment.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 220-222
9:23 A. Jeffrey R. Smith, Indian River County Clerk of Circuit Court and
a.m. Comptroller
Constitutional Officer Financial Report for Fiscal Year 2013-2014
(letter datedOctober 21, 2014)
Clerk of the Circuit Court and Comptroller Jeffrey R. Smith presented the
Board with the Fiscal Year 2013-2014 Financial Report, and a check in the
amount of$51,094.45.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously accepted the Constitutional Officer Jeffrey
R. Smith, Indian River County Clerk of Circuit Court and Comptroller's
Financial Report for Fiscal Year 2013-2014, as submitted under cover letter
dated October 21, 2014.
9:24 B. David C. Nolte, Indian River County Property Appraiser
a.m. Constitutional Officer Financial Report for Fiscal Year 2013-2014
(letter dated October 31, 2014)
223-229
------------------------------------;------------------------ ---------
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Solari, the Board unanimously accepted the Indian River County
Constitutional Officer Property Appraiser David C. Nolte's Financial
Report for Fiscal Year 2013-2014, as submitted under cover letter dated
October 31, 2014.
Board of County Commission Minutes
November 18,2014 Page 7
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9:25 C. Deryl Loar, Indian River County Sheriff
a.m. Constitutional Officer Financial Report for Fiscal Year 2013-2014
(letter dated October , 2014)____- ____________ 230-231___
- - 31 ----------- --------
Sheriff Deryl Loar presented the Board with the Fiscal Year 2013-2014
Financial Report, and a check in the amount of$125,413.00.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously accepted the Indian River County
Constitutional Officer Sheriff Deryl Loar's Financial Report for Fiscal Year
2013-2014, as submitted under cover letter dated October 31, 2014.
9:26 D. Carole Jean Jordan, Indian River County Tax Collector
a.m. Constitutional Officer Financial Report for Fiscal Year 2013-2014
(memorandum dated October 30, 2014) ___ 232-235___
Brenda Bradley, Chief of Staff for the Tax Collector's Office, informed the
Board that Tax Collector Carole Jean Jordan would be presenting a check
at a later date.
9:26 E. Leslie R. Swan, Indian River County Supervisor of Elections
a.m. Constitutional Officer Financial Report for Fiscal Year 2013-2014
(letter dated October 28,-2 014) 236-237--_
- -------------------------------------------------------------------- -----------------
Supervisor of Elections Leslie R. Swan presented the Board with the Fiscal
Year 2014-2015 Financial Report, and a check in the amount of $5,256.77.
She thanked the Board for their foresight in putting funds aside for the
purchase of a new voting system, and Vice Chairman Solari for serving on
the County Canvassing Board.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously accepted the Indian River County
Constitutional Officer Supervisor of Elections Leslie Swan's Financial
Report for Fiscal Year 2013-2014, as submitted under cover letter dated
October 28, 2014.
The Chairman called for a break at 9:47 a.m., and reconvened the meeting at
9:59 a.m., with all members present.
10. PUBLIC ITEMS
9:59 A. PUBLIC HEARINGS
a.m.
1. Ordinance Regarding Solid Waste Franchise Agreement Application
Process
(memorandum-dated November 5,2014)------------------------------------------ 238-243___
Legislative
Board of County Commission Minutes
November 18,2014 Page 8
County Attorney Dylan Reingold said the Solid Waste Disposal
District was getting ready to seek a new Franchise Agreement for
waste hauling services, and he thought it would be best to update the
Codes of Indian River County for clarity.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously adopted Ordinance
2014-019, amending Section 204.12 "Standards for Franchise
Issuance" and Section 204.15 "Franchise Renewals" of Chapter 204
of the Code of Indian River County entitled "Solid Waste Disposal"
to require the application process to be consistent with the Request
for Proposal process; and providing for severability, codification and
an effective date.
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
10:01 1. Notice of Scheduled Public Hearing November 20, 2014:
a.m. Indian River County Transportation Disadvantaged Local Coordinating
Board - Annual Public Hearing to gather Public Input on Transportation
Disadvantaged Related Issues
(memorandum dated November 4, 2014) 244-245
----------------------------------------------------------------------------------------------------------------
Administrative
2. Notice of Scheduled Public Hearing December 2, 2014:
County Initiated Request to Amend the 5 Year Capital Improvements
Program and Supporting Data and Analysis of the Capital Improvements
Element of the Comprehensive Plan
(memorandum dated November 3, 2014) 246
----------------------------------------------------------------------------------------------------------------
Legislative
Attorney Reingold read the Notices into the record.
A brief discussion ensued as to whether the Board wanted to
continue with tonight's 5:01 p.m. Special Call Meeting to consider
amendments to Land Development Regulations (LDRs) for Medical
Marijuana Treatment Centers. The Board's CONSENSUS was to
move forward with the meeting.
Board of County Commission Minutes
November 18,2014 Page 9
11. COUNTY ADMINISTRATOR MATTERS
10:04 A. Indian River County Legislative Delegation Meeting
a.m. (memorandum dated November 6 2014) 247-248
Administrator Joseph Baird summarized the Legislative Priorities
List for the 2015 Legislative Session as listed in his memorandum.
He wanted to know if the Board had any additions or deletions to the
list.
After a brief discussion, the Board's CONSENSUS was for each
Commissioner to meet with Administrator Baird separately to
discuss the priority list, future projects, and who would be making
the presentation.
12. DEPARTMENTAL MATTERS
A. Community Development
10:06 1. Condemnation, Demolition and Removal of Unsafe Structures Located at
a.m. 13185 76th Court and 34 201h Lane S.W.
(memorandum dated October 21,_2014) _______ 249-268
Building Official Scott McAdam provided description and conditions
on the unsafe structures located at 13185 76th Court (owner Linda
Jackson), and 34 20th Lane S.W. (owner Vincent Valenti). He
recommended the Board declare the structures unsafe and a
nuisance, order the buildings demolished, and approve the
Resolution for the purposes of recovering the demolition costs.
Discussion ensued regarding the unsafe structures, outstanding
mortgages, and code enforcement liens.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner O'Bryan, to approve staffs recommendation.
Commissioner O'Bryan pointed out that on August 19, 2014, the
Board approved the demolition of a structure located at 43
Highlands Drive, which had been completed; however, the property
still remains unsightly. He stated that he would bring this back to
the Board at a later date to request a clean-up, and stressed that the
situation does not always stop once the building has been removed.
Discussion ensued regarding encumbrances on the two parcels.
The Chairman CALLED THE QUESTION, and the Motion carried
unanimously. The Board declared the structures unsafe and a
nuisance and ordered the buildings demolished, with related debris
removed from the property by a private vendor approved through
Board of County Commission Minutes
November 18,2014 Page 10
standard bid procedures; and adopted Resolution 2014-107,
providing for the demolition of unsafe structures and the recovery of
costs.
10:13 2. Approval of Contract Agreement with Summerlin's Marine
a.m. Construction, LLC for Dock Renovations at the Jones's Pier
Conservation Area
(memoranduin_dated November 5, 2014)--------------------------------------------269-282
Environmental Planning Chief Roland DeBlois summarized the
Board's actions from the September 16, 2014 Board of County
Commission meeting.
He informed the Board that staff had contacted the Florida Inland
Navigation District (FIND) to see if there would be an opportunity
for increased grant funding, and was told by FIND staff that the
current grant is capped at $15,000; however, they suggested the
County phase the project so a second phase request could be
considered in 2015. He said Summerlin's Marine Construction,
LLC had negotiated a contract agreement to re-deck and repair the
main Jones Pier dock, install a boat lift for the Sheriffs marine
patrol vessel, and remove and replace the dilapidated single family
dock. He recommended the Board approve the Contractor
Agreement and Change Order with Summerlin's Marine
Construction, LLC; and proceed with all elements of the Jones Pier
dock repairs, as one phase under the current FIND grant, with
County costs being funded with Environmental Land Bond funds.
Vice Chairman Solari sought and received information regarding
future projects dealing with FIND funds.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Commissioner Flescher, to approve staffs recommendation.
Discussion ensued regarding the property care taker's concerns with
the project, and the Request for Proposal (RFP) process.
The Chairman CALLED THE QUESTION, and the Motion carried
unanimously. The Board approved: (1) the Contract Agreement
with Summerlin's Marine Construction, LLC to conduct
renovations to the Jones Pier Docks; (2) Change Order No. 1 for
replacement and reconstruction of the northern single-family dock;
and (3) County costs to be funded with Environmental Land Bond
funds.
B. Emery-ency Services
None
Board of County Commission Minutes
November 18,2014 Page 11
C. General Services
None
1, Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
10:23 A. City of Vero Beach Electric Utility Update
a.m. (memorandum dated November 6 2014)----------------------------------------------------283-----------
Attorney Reingold provided a brief update on the electric utility conflict
resolution process, and the Petition for a Declaratory Statement from the
Florida Public Service Commission (PSC). He announced that the
mediation meeting involving the County, Town of Indian River Shores,
and the City of Vero Beach was scheduled for Wednesday, December 17,
2014 (with Carlos Alvarez serving as the mediator); and the PSC Petition
hearing in Tallahassee was scheduled for Tuesday,November 25, 2014.
10:27 B. Extension of the License Agreement for Jones Pier
a.m. (memorandum dated October 29, 2014) 284-286
Board of County Commission Minutes
November 18,2014 Page 12
----------------------- ----------------- ------------------------------------- ------- ----
ON MOTION byCommissioner Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously authorized the Chairman to execute the
License Renewal and Extension Agreement with Brad Fojtik, until
January 2017.
10:28 C. Extension of Lease Agreement with Indian River Soccer Association for
a.m. Fairgrounds Soccer Facilities
(memorandum dated November 12, 2014)
287-295
------------ ------------------------------- ------------------------------------------- -----
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher, to approve staffs recommendation.
Deputy County Attorney William DeBraal pointed out that since this lease
is for a non-profit, there is an accompanying Resolution that must be
approved by the Board.
The Chairman CALLED THE QUESTION, and the Motion carried
unanimously. The Board unanimously: (1) authorized the Chairman to
execute the Extension of Lease Agreement with the Indian River Soccer
Association to provide for the extension of the Lease until November 13,
2034; and (2) approved Resolution 2014-108, approving a Community
Interest Extension of Lease Agreement with the Indian River Soccer
Association, Inc., for County owned property near the Fairgrounds.
10:29 D. Extension of the License Agreement for Ryall Tract
a.m. (memorandum dated November 12, 2014) 296-299
----------------------------------------------- ---- --- ------------ -----------------------
ON MOTION b Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously authorized the Chairman to execute the
Renewal and Extension of License Agreement with William Luther to
provide for the extension of the Agreement until June 2016.
10:31 E. All Aboard Florida Draft Environmental Impact Statement and Future Actions
a.m. (memorandum dated November 12, 2014) 300-301
--------------------------------------------------------------------------------------------------------------------------
Attorney Reingold provided background, and thereafter read and
analyzed the proposed "Comments on Draft Environmental Impact
Statement (DEIS) for the All Aboard Florida, Orlando to Miami, Florida
Intercity Passenger Rail Project" document (on file) that will be submitted
to the Federal Railroad Administration (FRA). He encouraged Board
discussion on the proposed comments; asked the Board to authorize a
budget amendment for the additional funding of outside counsel, Kevin
Healy, who prepared the comments; requested authorization to hire
outside counsel specializing in Florida law for the examination of
additional options; and sought direction for moving forward.
Vice Chairman Solari believed the money was well spent, and stressed that
this is "not a done deal."
Board of County Commission Minutes
November 18,2014 Page 13
----------------------------------- ------------- ----------- ----------- ----
Assistant County Attorney Kate Pingolt Cotner clarified that the FRA was
responsible for the report and they picked the consultants, but All Aboard
Florida paid the consultants. She said this was a Federal document, and
FRA needs to step up to the plate and comply with what the County says
they need to do.
The Chairman called for a break at 11:16 a.m., and reconvened the meeting
at 11:27 a.m., with all members present.
Chairman Davis opened the floor to public comments:
11:28 Phyllis Frey, 275 Date Palm Road, expressed her appreciation for the
a.m. extensive work done on the DEIS document, and supported moving ahead
with the process.
11:31 Ruth Stanbridge, County Historian, felt the DEIS was well written;
a.m. however, she read and requested that certain statements be added to the
document (on file).
11:33 Penny Chandler, Indian River County Chamber of Commerce,
a.m. acknowledged the good works of staff on the project.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED by
Commissioner Flescher to approve: (1) the draft DEIS response with the
inclusion of Ms. Stanbridge's comments, and any errors that the County
Attorney's office finds; (2) the additional $40,000 in legal fees and costs
incurred by the consultants who made the draft response; and (3) $25,000
for outside counsel specializing in Florida law to study and examine the
additional State law issues.
The Commissioners encouraged the public to voice their comments, and be
specific with the details of their comments.
The Chairman CALLED THE QUESTION, and the Motion carried
unanimously.
11:41 F. Indian River County Committees—Member Reappointments
a.m. (memorandum dated November 6, 2014) 302-308
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the list of committee
reappointments presented on pages 304 through 308 of the Agenda Packet.
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan
11:42 1. Update on the IOth Annual Firefighters Chili Cook Off
a.m. (memorandum dated November 12, 2014) 309
--------------------------------------------------------------------------------------------------------------
Board of County Commission Minutes
November 18,2014 Page 14
Commissioner O'Bryan reported that Saturday, November 8,
2014, was the 10th Annual Firefighters' Chili and Salsa Cook Off,
and it had become a tradition that the Board of County
Commissioners finish in the top spot. He announced that this
year, Mrs. Wesley Davis produced the "Kitchen Sink Chili," and
it won first place in the government division, even though the
trophy showed second place.
B. Commissioner Wesley S. Davis
11:45 1. Name Dedication
a.m. (memorandum dated-November-4-,-2-01-4) 3107315
Chairman Davis acknowledged the passing of Joneal Middleton, a
50-year resident who successfully supervised, managed,
maintained, and operated Middleton's Fish Camp since 1979. He
requested, as a tribute to his offerings, the Board direct staff to re-
name the Blue Cypress Lake Park to Middleton's Fish Camp Park.
ON MOTION by Commissioner Flescher, SECONDED by
Chairman Davis, the Board unanimously directed staff to change
the name of the Blue Cypress Lake Park to Middleton's Fish
Camp.
9:29 2. Mental Health Court
a.m. (memorandum dated November 12, 2014) 3167317
Clerk's Note: This item was heard following item 9.E., and is placed
here for continuity.
Sheriff Loar and Nineteenth Judicial District Circuit Court Judge
Cynthia Cox, Co-Chairs of the Diversion Strategies Task Group,
Mental Health Collaborative, presented a proposed Budget for
launching the Mental Health Court in Indian River County.
Sheriff Loar asked that some of the dollars that he gave back to the
County (in Item 9.C. above) be set aside to fund the first nine
months of the program. He said he would present the Board with
a formal long-term plan in April and May 2015, but he felt a sense
of urgency to launch this program on or before January 1, 2015.
Judge Cox provided the details of a summary she had prepared on
St. Lucie County's jail bed days, to show the cost savings over the
course of two years. She said the proposed nine-month budget was
based on St. Lucie's figures, and by mid-2015, they should have
more specific and measurable outcomes. She felt this was a
reasonable and conservative proposal, based on her experience
with the numbers of St. Lucie.
Board of County Commission Minutes
November 18, 2014 Page 15
Vice Chairman Solari disclosed that he would normally support
this type of item, but he did not think the Agenda packet provided
enough information to move it forward, and believed it should be
part of the regular budget process.
Administrator Baird conveyed that Judge Cox and the Sheriff had
worked with him to obtain the information, and revealed that this
is a pilot program, so they can show results for next year. He felt
the savings would be in the jail time served and the prisoner not
becoming a reoccurring prisoner.
Judge Cox said they could not give absolute figures and provide a
pro forma budget until the services are provided. She and Sheriff
Loar plan to give measurable outcomes in early 2015 so they can
properly prepare for the next budget. She pointed out that every
agency involved in the criminal justice system had contributed to
the program, and stressed that the only funds they are seeking is
for the independent professional and wrap-around services for
approximately 50% of the people in the program.
Discussion ensued regarding mental health incarceration numbers,
and the lack of information and financial data in the Agenda
packet.
Judge Cox, at the request of the Board, agreed to provide
quarterly updates.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Commissioner Zorc, that $100,000 of the Sheriffs $125,413
returned funds, be allocated to the Mental Health Court.
Patricia Hunt, Roseland, spoke in support of the Motion, and
asked the Board to consider that there be independent audits.
The Chairman CALLED THE QUESTION, and by a 4-1 vote
(Vice Chairman Solari opposed), the Motion carried.
11:46 3. Addition: Emergency Item: Facility Rental Fee
a.m.
Chairman Davis requested the Board consider waiving the facility
rental fee for the Can Food Sculpture Contest, sponsored by the
Sebastian Lions Club, scheduled for Friday and Saturday, March
20 — 21, 2015, at the Indian River County Fairgrounds Expo
Exhibition Center.
Administrator Baird pointed out that on October 13, 2009, the
Board unanimously approved the current fee structure, which
Board of County Commission Minutes
November 18,2014 Page 16
included a lower fee for non-profit organizations, and adopted a
policy that disallows reductions or waivers from the approved
rates.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to approve waiving the facility rental fee for the
Can Food Sculpture Contest, sponsored by the Sebastian Lions
Club, scheduled for Friday and Saturday, March 20 - 21, 2015, at
the Indian River County Fairgrounds Expo Exhibition Center.
The Board discussed the non-profit rate; the proposed scheduled
date which will mostly likely be during the Indian River County
Fair; and waiving the fee since it is the Sebastian Lions Club's first
request, but charging them next time.
The Chairman CALLED THE QUESTION, and the Motion
carried unanimously.
C. Commissioner Joseph E. Flescher
None
D. Commissioner Bob Solari
11:51 1. Garden Club
a.m. (memorandum dated November 12, 2014)--------------------------------------318-319
------------------------- ------- -------------------
Vice Chairman Solari announced that the Garden Club of Indian
River County graciously offered to purchase and plant six trees
in the County's Martin Luther King Park; however, it would be
conditioned upon the County's commitment to water the trees
until they are established. He requested the Board commit the
County to a watering regime for the trees, and that the
Commissioners join him in thanking the Garden Club for their
generous offer.
Chairman Davis suggested the trees be planted between now and
February, due to the slow evapotranspiration rate during that
time of year.
MOTION WAS MADE by Vice Chairman Solari, SECONDED
by Chairman Davis, to accept the Garden Club of Indian River
County's offer, and commit the County to water the trees on a
regular basis until they are established.
Julianne Price, Every Dream Has a Price, Inc., thanked the
Board for the improvements to beautify Martin Luther King
Park.
Board of County Commission Minutes
November 18,2014 Page 17
The Chairman CALLED THE QUESTION, and the Motion
carried unanimously.
---------------------- ------ ----- ------ ------- ---------------------
11:54 2. One Florida Resolution
a.m. (memorandum dated-November-12,2014) ------------------------------ 320-329---------
Vice Chairman Solari recalled that at the November 4, 2014
Board of County Commission Meeting, the Board expressed a
desire to consider a Resolution in support of remaining part of
the great State of Florida, and opposing the separation of Florida
into two states. Vice Chairman Solari requested the
Commissioners review the proposed Resolution, suggest any
changes or additions, and authorize the County Attorney to draft
a Resolution opposing South Florida becoming a new State.
Commissioner O'Bryan asked that Section 2 of the Resolution
include the word "South" in front of Miami, so it will read,
"...the Mayor of South Miami."
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, the Board unanimously approved Resolution
2014-109, asserting its desire that all 67 counties presently in the
Great State of Florida, remain in the State of Florida and that if
the southern counties take the benighted path to secession that
Indian River County, Florida remain with the Northern Counties
of the State as part of Florida.
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
11:57 A. Emergency Services District
a.m.
The Board reconvened as the Board of Commissioners of the
Emergency Services District. Those Minutes are available
separately.
1. Approval of Minutes—Meeting of September 23, 2014
2. Approval of FY 2014/15 EMS County Awards Grant:
Purchase of Capital/Operating Equipment Using Non-
Matching EMS Grant Funds and Grant Resolution
(memorandum dated October 28, 2014) 322-329
Board of County Commission Minutes
November 18,2014 Page 18
11:58 B Solid Waste Disposal District
a.m.
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 October 7, 2014
2. Request for Lease Extension from MWI Corporation
(memorandum dated November-1-2,-2-01-4) 330-335
15. SPECIAL DISTRICTS AND BOARDS
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:01 p.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman
Clerk of Circuit Court and Comptroller
By: � �� Approved: JAN 0 6 2015
Deputy Clerk
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Board of County Commission Minutes
November 18,2014 Page 19