HomeMy WebLinkAbout06/10/2014 (2)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JUNE 10, 2014 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th 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
1.
2.
3.
4.
District 4
District 1
District 2
District 5
District 3
CALL TO ORDER 9:00 A.M.
INVOCATION
PLEDGE OF ALLEGIANCE
Present
Present
Present
Present
Present
Joseph A. Baird, County Administrator Present
Dylan Reingold, County Attorney Present
Jeffrey R. Smith, Clerk of Circuit
Court and Comptroller
Maureen Gelfo, Deputy Clerk
Deputy Teddy Floyd, Indian River County Sheriff
Department
Joseph A. Baird, County Administrator
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:00 Emergency Addition: Item 13.C. Update by Deputy County Attorney Bill
a.m. DeBraal on the Administrative Hearings Concerning the Pelican Audubon
Society's Challenge to the St. Johns River Water Management District's
(SJRWD) Permit for Proposed Expansion at the Oslo Road Boat Ramp
5.
ON MOTION by Commissioner Solari, SECONDED by Vice Chairman Davis,
the Board unanimously approved the Agenda as amended.
PROCLAMATIONS and PRESENTATIONS
9:00 A. Presentation of Proclamation 9th Annual National Dump the Pump Day in
a.m Indian River County on June 19, 2014
PAGE
1
Board of County Commission Minutes
June 10, 2014 Page 1
Presented by Commissioner Solari to Senior Resource Association's
CEO, Karen Deigl; Transportation Project Coordinator, Chris
Stevenson; Board Chairman, Pud Lawrence; and Community Affairs
Coordinator, Christie Johnson.
9:09 B. Presentation of Proclamation Designating June 21, 2014 as a Day for
a.m. Commemorating Delta Company, 2nd Battalion, 16th Infantry Regiment,
Rangers, rt Infantry Division
6.
7.
8.
2
Presented by Commissioner Flescher to Frank Jencik.
APPROVAL OF MINUTES
None
INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
CONSENT AGENDA
9:17 MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice
a.m. Chairman Davis, to approve the Consent Agenda, pulling Item 8.E. for discussion.
The Chairman asked for requests from the public; there were none.
THE CHAIRMAN CALLED THE QUESTION AND THE MOTION CARRIED
UNANIMOUSLY.
A. Approval of Warrants May 23, 2014 to May 30, 2014
(memorandum dated May 30, 2014)
PAGE
3-10
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
B. Request for Authorization to Trade -In Two Vehicles for Purchase of One
(memorandum dated June 3, 2014) 11-12
Approved the trade in of two 2007 Chevy Impalas for $4,500 and
$5,500, respectively, offsetting the purchase price of a new vehicle for
the Property Appraiser's Office.
C. Resolution Cancelling Taxes on Property Purchased by the County for
Right -Of -Way Along 49th Street East of 66th Avenue
(memorandum dated June 2, 2014)
Approved Resolution 2014-050, Cancelling Certain Taxes Upon
Publicly Owned Lands, Pursuant to Section 196.28, Florida Statutes.
(Susan Hobbs)
13-42
Board of County Commission Minutes
June 10, 2014 Page 2
D. Approval of Resolution Adopting the 2014 Indian River County
Emergency Plan for Hazardous Materials
(memorandum dated May 30, 2014)
43-47
Approved Resolution 2014-051, approving the Indian River County
Hazardous Materials Emergency Plan.
9:17 E. Miscellaneous Budget Amendment 017
a.m. (memorandum dated June 4, 2014)
48-50
Chairman O'Bryan reported that the budget amendment contains
funding for a replacement vehicle for Facilities Management, and
donations to the Indian River County libraries.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved Resolution
2014-052, amending the Fiscal Year 2013-2014 Budget.
F. Request to Approve an Additional Pre -Qualified Housing Inspection Firm
to Perform Housing Program Inspection Services
(memorandum dated June 2, 2014)
51-71
Approved (1) the Selection Committee's recommendation to add
Guardian Community Resource Management, Inc. to the list of
prequalified inspection services firms; and (2) authorized the
Chairman to execute the Inspection Services Agreement with
Guardian Community Resource Management, Inc.
G. Approval of Work Authorization No. 2014-001 to Melvin Bush
Construction, Labor Contractor, for Two 12" Directional Bores to Replace
1,150 feet of 10" AC Water Main and 200 feet of 10: Force Main on US 1
South North of 21St Street SE — UCP #4096
(memorandum dated June 2, 2014)
Approved (1) the total estimated cost of the project at $166,000.00;
and (2) approved and authorized the Chairman to execute Work
Authorization No. 2014-001 to Melvin Bush in an amount of up to
$106,000.00 for labor.
72-75
H. Amendment to 3 -Year Renewal of Lease for North County Offices
(memorandum dated May 28, 2014) 76-81
Approved (1) the revised prorated lease rates for the North County
Offices; (2) authorized the Chairman to execute the Amendment to
Lease Agreement with Greene Investment Partnership, Ltd (f/k/a
FNB Properties); and (3) approved a retroactive payment of the
$71.87 increase for five (5) months, February through June, after
which the monthly rental amount will reflect the increased rate of
$3,186.45.
Board of County Commission Minutes
June 10, 2014 Page 3
9.
10.
I.
Telephone System Upgrade — Proposal for NEC PBX Systems Upgrade
for Indian River County Courthouse and Main Library, Approval of NEC
Corporation of America (NEC) as Sole Source Provider
(memorandum dated May 28, 2014)
Approved (1) NEC Corporation of America (NEC) as the sole source
provider to upgrade the PBX telephone systems at the Courthouse
and Main Library; and (2) the proposals from NEC.
82-89
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Hutton Growth One, LLC's Request to Rezone Approximately
9:18 3.32 Acres from RM -10 Residential Multi -Family (up to 10 units
a.m. per acres) to Planned Development Mixed Use District (PDMXD)
and to Obtain Conceptual Planned Development Plan Approval
for a Project to be Known as Family Dollar -Gifford Mixed Use
(memorandum dated May 30, 2014)
90-119
(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 communications, site visits, or
independent investigations. Commissioners Davis, Zorc, and
Solari noted that they have driven by the property. The
Board Members also affirmed that they have an open mind
and are able to base their decisions on the evidence presented
and the applicable law.
In accordance with Chairman O'Bryan's declaration that this
meeting was quasi-judicial, the Deputy Clerk administered
the Oath to all persons who wished to speak at the hearing.
Director of Community Development Stan Boling used a
PowerPoint presentation to provide background and analysis
1 on Hutton Growth One LLC's request to rezone a ±3 32 acre
property located at the intersection of 43rd Avenue and 45th
Street, for the purpose of developing a mixed use project. He
Board of County Commission Minutes
June 10, 2014 Page 4
disclosed that the conceptual plan includes a Family Dollar
store and a planned development with up to thirty-three
residential units. Director Boling relayed that the developer
proposes to install a sidewalk and a transit stop, and to
prohibit the sale or consumption of alcohol on the commercial
site. He thereafter presented the recommendation of the
Planning and Zoning Commission (P&Z) and staff for the
Board to approve the zoning amendment and conceptual PD
Plan through adoption of the proposed Ordinance.
9:33 Bonnie Meriwether, E I , 1725 5th Avenue, Tampa, Fl.;
a.m. representing Campo Engineering and Hutton Growth One,
LLC, addressed a question from the Board regarding a
drainage ditch on the north side of the property.
9:34 The Chairman opened the Public Hearing.
a.m.
Freddie Woolfork, 4590 57th Avenue, spoke in support of the
project.
Patricia Hunt addressed the Board with her request to speak
on another matter, and was asked to discuss her item under
Public Discussion (see Item 10.B.4).
Sharon Raulerson, Property Manager Heritage Villas, made
arrangements with Director Boling to receive a copy of the
plans for the Family Dollar store.
9:42 There were no additional speakers, and the Chairman closed
a.m. the Public Hearing.
Commissioner Zorc initiated a brief discussion on the
possibility of a cooperative effort between the developer and
County to culvert part of the canal on 45th Street.
County Administrator Joseph Baird stated that staff would
research costs for the County's portion of the culvert, and
report back to the Board.
ON MOTION by Commissioner Flescher, SECONDED by
9:45 Commissioner Solari, the Board unanimously adopted
a.m. Ordinance 2014-011, amending the Zoning Ordinance and the
accompanying Zoning Map from RM -10, Residential Multi -
Family (up to 10 units/acre) to PDMXD, Planned
Development Mixed Use District, for approximately 3.32
acres of land generally located on the southeast corner of 45th
Board of County Commission Minutes
June 10, 2014 Page 5
Street and 43rd Avenue and described herein and providing
for an effective date; with the following conditions:
1. Prior to the issuance of a land clearing and tree removal
permit, the applicant shall pay the fee -in -lieu of tree
mitigation.
2. Prior to preliminary PD plan release, the applicant shall
obtain approval from Public Works for the 45th Street
westbound left turn lane design.
3 Prior to the issuance of the first certificate of occupancy
(C.O.), the applicant shall:
a. Install all required on-site mitigation trees.
b. Complete all landscape and opaque feature improvements
along the south property line, as depicted on the approved
conceptual PD plan.
c. Construct a sidewalk along the overall site's entire 45th
Street frontage and repair the site's 43rd Avenue sidewalk as
required by Public Works.
d. Install the westbound left turn lane on 45th Street at the
project's driveway and obtain Public Work's approval of the
installation.
e. Install the proposed transit stop, not including a bus
shelter, along the project's 45th Street frontage.
4. All preliminary PD plan/plat applications shall include
building elevations that meet corridor criteria and provide a
common architectural theme among the project's commercial
and residential buildings.
5. Prior to or via the final plat, the applicant shall dedicate
without compensation the 40' corner clip at the 43"
Avenue/45th Street intersection.
6. Within the commercial area, the sale and the consumption
of alcoholic beverages onsite are prohibited, consistent with
the PDMXD zoning ordinance prohibition on alcoholic
beverage sales and consumption on site.
7. The Family Dollar (Gifford Mixed Use) project site shall
revert to its original RM -10 zoning if project construction has
Board of County Commission Minutes
June 10, 2014 Page 6
not commenced within 7 years of the approval of the
conceptual PD plan and PDMXD rezoning.
B. PUBLIC DISCUSSION ITEMS
(As a general rule public discussion items should be limited to matters on which the
commission may take action.)
9:47 1. Request to Speak from Joe Wiggins Regarding South County
a.m. Park Multi-purpose Building and Playground for Children
Joe Wiggins, 895 11th Street SW, stated that there has been a
long-term need for a multipurpose building and/or open
playground for children to use at the South County Park. He
stressed that the youth who do not participate in special
groups or organized sports have nothing to do at the park.
Administrator Baird explained that the projected completion
time for the multi-purpose building is 15 to 18 months, and
agreed to keep Mr. Wiggins abreast of construction
milestones. He also advised that the County is exploring the
creation of a walking path and open field at the park.
Commissioner Solari asked Administrator Baird to put the
timeline for the multi-purpose building under informational
items on future Board agendas, and to ensure that future
plans include an area for additional playground equipment.
10:00 2. Request to Speak from Phylicia Wiggins Regarding Public
a.m. Access to Fields, restrooms, and have a South County Pool
No Board Action Taken or Required
10:17 3. Request to Speak from Althea McKenzie Regarding Review
a.m. Agenda Items — Specifically Consent Agenda and Commissioners
Matters
120
121
122-123
Althea McKenzie, 2405 16th Avenue, discussed her objections
to the Board's approval on May 20, 2014, to purchase 2,000
bumper stickers in concert with the Indian River
Neighborhood Association's bumper sticker campaign to
educate the public about the blackout season for fertilizer
applications.
Board Members addressed her concerns, and discussed other
public/private initiatives that have improved the community.
No Board Action Taken or Required
10:52 4. Request to Speak from Patricia Hunt
a m. ADDITION:
Board of County Commission Minutes
June 10, 2014 Page 7
11.
12.
11:17
a.m.
(Clerk's Note: This item was added during the latter part of the
public hearing, pursuant to Ms. Hunt's request to speak at that
time).
Patricia Hunt stated that she was denied access to her public
records at the County Courthouse, and is also having trouble
obtaining copies of certain courthouse surveillance tapes that
she has requested from the Sheriff's Office.
County Attorney Dylan Reingold advised Ms. Hunt that he
would be happy to meet with her and/or her attorney to
discuss this matter.
The Chairman called a recess at 11:02 a.m. and reconvened the
meeting at 11:17 a.m., with all members present.
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
None
DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Consultant Selection Committee Ranking and
Recommendation on the Economic Development Positioning
Proposals
(memorandum dated June 2, 2014)
124-139
Community Development Director Stan Boling recalled that
on November 12, 2013, the Board authorized funding to hire
a consultant to develop an Economic Development
Positioning Analysis and Action Plan, and directed staff to
develop a Request for Proposals (RFP). He advised that after
the Board's approval of the document on April 8, 2014, the
RFP was issued, and Ady Voltedge was ranked by the
selection committee as the number one firm of twelve
companies. Director Boling requested that the Board
approve the consultant selection committee's ranking, and
authorize staff to negotiate the Phase I tasks for a cost of up
to $80,000 starting with the highest ranked firm.
Helene Caseltine, Economic Development Director, Indian
River County Chamber of Commerce, noted that one
important task of the consultant will be to interview various
persons and groups to find out how the County is perceived
Board of County Commission Minutes
June 10, 2014 Page 8
as a place to do business.
Suggestions were made by the Board as to which groups or
persons it might be beneficial for the consultant to interview.
11:34 Bob Johnson, Coral Wind Subdivision, supported the plan
a.m. and hoped that it would help fill the vacant parcels at the 98th
Avenue Industrial Park where the CVS Distribution Center is
located.
11:36
a.m. ON MOTION by Commissioner Flescher, SECONDED by
Vice Chairman Davis, the Board unanimously approved: (1)
the Consultant Selection Committee's ranking for the firms
Ady Voltedge, Inc.; DCG Corplan Consulting LLC; and
Strategic Planning Group, Inc.; and (2) authorized staff to
begin contract negotiations for a Phase I project price of up
to $80,000, starting with the number one ranked firm (Ady
Voltedge, Inc.), and to continue contract negotiations with the
subsequent ranked firms, if negotiation with the first ranked
firm is not successful.
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
11:37
a.m.
Office of Management and Budget
1 Distinguished Budget Presentation Award Fiscal Year 2013-2014
(memorandum dated June 2, 2014)
140-144
Board of County Commission Minutes
June 10, 2014 Page 9
13.
Management and Budget Director Jason Brown announced
that the Government Finance Officers Association (GFOA)
has presented the Distinguished Budget Presentation Award
to the County for the twenty-third consecutive year, and that
this year, the County's annual budget document was also
accorded Special Performance Measures Recognition.
F. Public Works
None
G. Utilities Services
None
COUNTY ATTORNEY MATTERS
11:42 A. Code Enforcement Board Orders for Maurice Rolle and Livingston Rolle
a.m. 4402 35th Avenue and 4415 34th Court
(memorandum dated June 4, 2014)
145-150
Deputy County Attorney Bill DeBraal presented this item to the
Board, explaining that Mr. Rolle needs to resolve the tax liability and
code enforcement fines on two properties that are due for a tax sale.
He thereafter presented staff's recommendation for the Board to set
the fines to an amount certain, so Mr. Rolle can pay the back taxes
and get a clean title to the property.
Joseph Paladin, President Black Swan Consulting and Entitlements,
LLC, representing Maurice Rolle, asked the Board to approve staff's
recommendation and to combine the Code Enforcement Board's
administrative costs for the two properties, making it a single fee.
Chief of Environmental Code Enforcement and Planning Roland
DeBlois confirmed that both properties are completely in compliance,
and that the Code Board has calculated about $2,000 for
administrative costs on one property, and $1,700 for the other parcel.
Discussion ensued about what a reasonable amount would be for the
administrative costs, and Chief DeBlois said that there could be some
flexibility in the $3,700 amount he had presented earlier.
11:54 MOTION WAS MADE by Commissioner Solari, SECONDED by
a.m. Vice Chairman Davis, to: (1) set the Code Enforcement Board Case
fines to the certain administrative cost amounts of $3,000 for the
properties; and (2) authorize staff to execute the orders on behalf of
the Board.
Board of County Commission Minutes
June 10, 2014 Page 10
A brief discussion followed about the handling of governmental tax
liens after a tax deed sale, and about designating a specific
administrative cost amount for each separate property.
11:58 MOTION WAS AMENDED by Commissioner Solari, SECONDED
a.m. by Vice Chairman Davis, to: (1) set the Code Enforcement Board
Case fines to the certain administrative cost amounts of $2,000 for
the 35th Avenue property and $1,000 for the 34th Court property, for
a total of $3,000.
The Chairman CALLED THE QUESTION, and the Amended
Motion carried unanimously.
11:59 B. Attorney for Indian River County Code Enforcement Board
a.m. (memorandum dated June 2, 2014)
151-153
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved: (1) the
hiring of Attorney Jennifer D. Peshke to represent the Indian River
County Code Enforcement Board on a month-to-month basis, and (2)
authorized the Chairman to execute the Legal Services Agreement
with Attorney Peshke.
11:59 C. Update by Deputy County Attorney Bill DeBraal on the Administrative
a.m. Hearings Concerning the Pelican Audubon Society's Challenge to the St.
Johns River Water Management District's (SJRWD) Permit for Proposed
Expansion at the Oslo Road Boat Ramp
14.
Attorney DeBraal explained the timeline to bring the administrative
hearing process to its conclusion, and projected that a final decision
will be forthcoming in August 2014.
COMMISSIONERS MATTERS PAGE
A.
Commissioner Peter D. O'Brvan, Chairman
12:06 1. All Aboard Florida
p.m. (memorandum dated May 14, 2014)
154
Chairman O'Bryan reported that in accordance with the
Board's authorization on May 6, 2014, the County Attorney
has secured a law firm to assist with the review/analysis of All
Aboard Florida's (AAF) Environmental Impact Statement
(EIS) after its release. He noted that there are currently three
outlooks in the community: (1) reject the project in this
Board of County Commission Minutes
June 10, 2014 Page 11
region absolutely; (2) endorse the project; and (3) consider
supporting the project if certain concessions are made by
AAF. He stressed that the Board will need to develop clear
objectives in terms of its position on the prospective All
Aboard Florida (AAF) high speed rail project, and possible
costs that might be incurred if the Board decides to challenge
the project or aspects of the project.
12:12 A lengthy discussion ensued among the Board Members, with
p.m. input from Attorney Reingold, relative to various aspects of
the AAF project, including its financing options. Several
Commissioners stressed that it was necessary to get an expert
overview of the EIS before the Board takes a fmal stance and
considers possible future actions relative to the project.
12:26 Commissioner Solari mentioned that a citizen has tried to no
p.m. avail to obtain a copy of Florida East Coast Industries'
(FECI) loan request information, and suggested that the
County Attorney ask the Federal Railroad Administration
(FRA) to make the information public. He also discussed
Governor Scott's request to State Transportation Secretary
Ananth Prasad to meet with community leaders/legislators
about the AAF project for open discussion.
Further discussion was held, after which the Board
CONSENSUS was to: (1) direct the County Attorney to
report back to the Board with an executive summary on the
Environmental Impact Statement (EIS) after its release and
after consulting with (a) the outside counsel retained to
review the EIS, and (b) the residents of Mariner Sands
Country Club who are opposing AAF; (2) authorize the
Chairman to execute a letter to the Federal Railroad
Administration (FRA) requesting a copy of Florida East
Coast Industries (FECI)'s Railroad Rehabilitation and
Improvement Financing (RRIF) loan request information;
and (3) authorize the County Attorney to send a letter on
behalf of the Board, inviting Secretary of the Florida
Department of Transportation (FDOT) Ananth Prasad to a
public workshop in Indian River County to discuss the All
Aboard Florida project.
Althea McKenzie suggested that the Board provide specific
direction to the counsel who will be reviewing the EIS.
(Clerk's Note: Commissioner Zorc exited the meeting at 12:27
p.m.)
Board of County Commission Minutes
June 10, 2014 Page 12
C.
D.
E.
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Joseph E. Flescher
None
Commissioner Bob Solari
None
Commissioner Tim Zorc
12:44 1. St. John's River Alliance Request for Support
p.m. (memorandum dated June 2, 2014)
15.
16.
155-160
TABLED until June 17, 2014
SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:44 p.m.
Jeffrey R. Smith, CPA, CGFO, CGMA Peter D O'Bryan, Chairman
Clerk of Circuit Court • - Comptro
BY'.AsArr
eputy Clerk
BCC/MG/2014Minutes
Approved "l - ) - LO I'l
Board of County Commission Minutes
June 10, 2014 Page 13