HomeMy WebLinkAbout06/03/2014 (6)COUNTY
COMMISSIONERS
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
DISTRICT
District 4
District 1
District 2
District 5
District 3
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JUNE 3, 2014
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Present
Present
Present
Present
Present
9:00 A.M.
Joseph A. Baird,
County Administrator
Michael Zito, Asst. County
Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of Circuit
Court and Comptroller
Leona Adair Allen, Deputy Clerk
Reverend Scott Alexander, Unitarian
Universalist Fellowship
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
9:02 Replacement Pages: Item 8.F., Pages 40 and 41, Miscellaneous Budget
a.m. Amendment 016.
Addition: Item 5.D. Tax Collector Carole Jean Jordan — Announcement of
Office Schedule Change.
ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman
Davis, the Board unanimously approved the Agenda as presented.
Board of County Commission Minutes
June 3, 2014
Absent
Present
Present
PAGES
Page 1
5. PROCLAMATIONS and PRESENTATIONS
9:04 A. Presentation of Proclamation and Retirement Award Honoring Emmett S.
a.m. Lane on His Retirement from Indian River County Board of County
Commissioners Department of Emergency Services/Fire Rescue with Thirty
Years of Service
1-2
Presented by Chairman O'Bryan to Emmett S. Lane.
9:10 B. Presentation of Proclamation and Retirement Award Honoring Jesse L
a.m. Flores in His Retirement from Indian River County Board of County
Commissioners Public Works Department/Traffic Engineering Division with
Twenty Years of Service
Presented by Chairman O'Bryan to Jesse L. Flores.
3-4
9:15 C. Presentation of Proclamation Honoring David Chandler on His Retirement
a.m. from the Indian River County Sheriff's Office, Effective May 31, 2014
5
Presented by Commissioner Solari to David Chandler.
9:22 D. Addition — Update by Tax Collector Carole Jean Jordan
a.m.
Ms. Jordan announced that due to building expansion, the Sebastian
Tax Collector's Office will be closed June 5, 2014 through June 13, 2014.
She advised that effective September 1, 2014, vehicle renewal fees will be
lowered by $25.00. She also noted that her office would soon be taking
concealed weapon permit applications and electronically sending the
information to Tallahassee.
6. APPROVAL OF MINUTES
A. Regular Meeting of April 22, 2014
9:30 ON MOTION by Commissioner Flescher, SECONDED by Vice
a.m. Chairman Davis, the Board unanimously approved the regular meeting
minutes of April 22, 2014.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:31 A. Department of Environmental Protection Certificate of Appreciation to
a.m. Indian River County in Recognition of Conserving, Augmenting and
Sustaining Florida's Valuable Water Resources
8.
B. Proclamation of Appreciation to Connie and Pastor David Foster
6
7
CONSENT AGENDA
9:32 MOTION WAS MADE by Vice Chairman Davis, SECONDED by
a.m. Commissioner Solari, to approve the Consent Agenda, pulling Items
8-14
Board of County Commission Minutes Page 2
June 3, 2014
8.F. and 8.K. 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 9, 2014 to May 15, 2014
(memorandum dated May 15, 2014)
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
B. Approval of Warrants — May 16, 2014 to May 22, 2014
(memorandum dated May 22, 2014) 15-21
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's Office.
C. Block Property Conveyance to the Indian River Land Trust
(memorandum dated May 22, 2014) 22-26
Accepted and approved the Assignment of Maintenance as amended.
D. Request for Authorization to Submit an Application for 49 USC CH.53,
Section 5311 Transit Operating Assistance Funds for FY 2014-15
(memorandum dated May 21, 2014)
27-35
Approved Resolution 2014-044, authorizing the submission of a FY
2014-15 Grant Application for 49 USC CH 53, Section 5311 Public
Transit Operating Assistance.
E. Release of Retainage to Felix Associates of Florida, Inc., for the Stormwater
Forcemain and Brine Concentrate Construction part of the Osprey Marsh
Project — Bid No. 2013038
(memorandum dated May 21, 2014)
36-39
Approved final pay to Felix Associates of Florida, Inc., in the amount of
$54,410.07.
9:32 F. Miscellaneous Budget Amendment 016
a.m. (memorandum dated May 28, 2014)
G.
40-45
Chairman O'Bryan pulled this item for public comment/discussion.
There were no speakers.
ON MOTION by Vice Chairman Davis, SECONDED by Commissioner
Flescher, the Board unanimously approved Resolution 2014-045,
amending the Fiscal Year 2013-2014 Budget.
Sheriffs Crime Scene Unit — Final Release of Retainage for Phase II
Proctor Construction Company
(memorandum dated May 14, 2014)
46-52
Board of County Commission Minutes Page 3
June 3, 2014
Approved the final release of retainage for Phase II in the amount of
$49,911.50 and authorized the Chairman to execute the document.
H. Joint Participation Agreement (JPA) with the Florida Department of
Transportation (FDOT) for: Traffic Signal Maintenance and Compensation
Agreement
(memorandum dated May 7 2014)
Approved Resolution 2014-046, authorizing a Joint Participation
Agreement for traffic signal maintenance and compensation.
53-63
F.D.O.T. Small County Outreach Program (SCOP) Agreement Amendment
No. 1 and Resolution Authorizing the Chairman's Signature for Construction
(Resurfacing) and Construction Engineering Inspection (CEI) Services of
Old Dixie Highway from IRFWCD North Relief Canal to 71st Street — IRC
Project No. 1137 FM 429566-1-58-01
(memorandum dated May 16, 2014)
Approved Resolution 2014-047, with the Florida Department of
Transportation authorizing the Chairman's execution of Amendment
No. 1 to the Small County Outreach Program (SCOP) Agreement FM
No. 429566-1-58-01 for construction (resurfacing) and construction
engineering inspection (CEI) services of Old Dixie Highway from Indian
River Farms Water Control District (IRFWCD) North Relief Canal to
7e Street.
J. F.D.O.T. Small County Outreach Program (SCOP) Amendment No. 1 to
Agreement and Resolution Authorizing the Chairman's Signature for
Construction (Resurfacing) and Construction Engineering Inspection (CEI)
Services of Indian River Boulevard from SR-5/US1 to SR-656/17th Street
IRC Project No. 1302 FM No. 433067-1-58-01
(memorandum dated May 27, 2014)
64-70
71-76
Approved Resolution 2014-048, with the Florida Department of
Transportation authorizing the Chairman's execution of Amendment
No. 1 to the Small County Outreach Program (SCOP) Agreement FM
No. 433067-1-58-01 for construction (resurfacing) and construction
engineering inspection (CEI) services of Indian River Boulevard from
SR-5/US1 to SR-656/17th Street.
9:33 K. Aviation Boulevard/20th Avenue Intersection Improvements Kimley-Horn
a.m. and Associates, Inc. — Work Order No. 8 IRC No. 1422
(memorandum dated May 19, 2014)
77-82
Chairman O'Bryan pulled this item to seek clarification from staff
regarding the design improvements to the intersection of Aviation
Boulevard and 20th Avenue.
9:36 Mr. Johnson sought and received information regarding the
improvements.
a.m.
Board of County Commission Minutes
June 3, 2014
Page 4
10:11 3. Request to Speak from Jeff Meade, STIRLEN (Save the Indian
a.m. River Lagoon Estuary Now) Regarding Indian River Lagoon Pilot
Projects
Jeff Meade, 129 Prestwick Circle, Vero Beach, spoke in support
of the restoration efforts for the Indian River Lagoon.
10:29
a.m. Vice Chairman Davis invited Mr. Meade to attend the Indian
River County Water Supply meeting scheduled at 10:30 a.m. on
June 4, 2014, in the Board of County Commissioner's
Conference Room, to focus on a reconnect of St. John's and the
South Florida Water Management Districts.
10:38
a.m. There was a brief discussion pertaining to the formation and
maintenance of a central data warehouse website and STIRLEN
acting as a hub to share information.
10:41
a.m. Commissioner Flescher disclosed that he had a conversation
with Susan Boyd at an earlier meeting, and announced his
membership on the Coastal Conservation Association (CCA).
C. PUBLIC NOTICE ITEMS
10.43 1. Notice of Scheduled Public Workshop June 11, 2014
a.m. Notice of an Impact Fee Workshop scheduled for June 11, 2014 at
1 30 p.m. to present and discuss report on residential impact fees,
including school impact fees, as well as implementation.
(memorandum dated May 27, 2014)
2. Notice of Scheduled Public Hearing June 10, 2014
Hutton Growth One, LLC s Request to Rezone Approximately 3.32
Acres from RM -10 Residential Multi -Family (up to 10 units per
acre) 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
(Quasi -Judicial)
(memorandum dated May 23, 2014)
3. Notice of Scheduled Public Hearing June 17, 2014
Consideration of Amendment to Land Development Regulations
(LDRs) Section 901.03 Definitions to Establish the Definition of a
`Commercial Service Street" and to Modify the Definition of
`Yard, Front' to Specify the Appropriate Yard Designations for
Properties that Abut a Commercial Service Street (Legislative)
(memorandum dated May 23, 2014)
Attorney Reingold read the notices into the record.
Chairman O'Bryan mentioned that the second and final public
hearing relating to the West Gifford zoning overlay would be
Board of County Commission Minutes Page 6
June 3, 2014
10.
L.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Work Order No. 8,
authorizing the project, and authorized the Chairman to execute same.
Traffic Conflict Monitor Tester* Board Approval for Trade-in and Purchase
of One (1) Conflict Monitor Tester
(memorandum dated May 23, 2014)
Approved the transaction and authorized staff to trade-in one (1) traffic
conflict monitor tester and purchase one (1) new traffic conflict monitor
tester.
83-85
M. Traffic Inductive Loop Tester: Board Approval for Trade-in and Purchase of
One (1) Bus Interface Unit Tester
(memorandum dated May 23, 2014)
Approved the transaction and authorized staff to trade in one (1) traffic
inductive loop tester and purchase one (1) new traffic bus interface unit
tester.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
(As a general rule public discussion items should be limited to matters on which the
commission may take action.)
9:38 County Attorney Dylan Reingold provided a brief update on the status of the
a.m. Oslo Boat Ramp issue; reminded the Board that the County is currently
involved in litigation; and recommended the Commissioners not engage in
question/answer dialogue with the first two speakers.
86-88
9:39 1. Request to Speak from Susan Boyd Regarding Oslo Boat Ramp
a.m. 89
Susan Boyd, 8025 24tfi Street, Vero Beach, spoke in opposition
to the Oslo Boat Ramp.
9:49 2. Request to Speak from Dr. Richard Baker Regarding Oslo Boat
a.m. Ramp
Dr. Richard Baker, 522 North Blue Island Lane, Sebastian,
spoke in opposition to the Oslo Boat Ramp.
90
Board of County Commission Minutes Page 5
June 3, 2014
held tonight at 5:01 p.m., in the County Commission Chamber.
The Chairman called a recess at 10:45 a.m., and reconvened the
meeting at 10:58 a.m., with all members present.
Bob Ulevich, Administrator at St. John's and Sebastian River
10.58 Improvement Districts, provided an update on regional
a m. attenuation, reconnection, and water farming, and said he
would provide a presentation to the Board on August 19, 2014.
11.
12.
COUNTY ADMINISTRATOR MATTERS
None
DEPARTMENTAL MATTERS PAGE
A. Community Development
None
B.
C.
Emergency Services
None
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
11:03 1. Tourist Development Council 2014/2015 Budget Recommendations
a.m (memorandum dated May 27, 2014)
94-100
Board of County Commission Minutes Page 7
June 3, 2014
Management and Budget Director Jason Brown reviewed the
funding and allocation process; analyzed the Tourist
Development Council (TDC) rating summaries for the
organizations; and recommended the Board consider approving
funding in the ranked order shown in Table 4 (page 98 of the
Agenda Packet).
11:10 MOTION WAS MADE by Commissioner Solari, SECONDED
a.m. by Commissioner Zorc, to approve the following funding
amounts as recommended by the Tourist Development Council:
Indian River County Chamber. of Commerce and Sebastian
Chamber of Commerce $428,578; Treasure Coast Sports
Commission $150,400; Historical Society $20,000; Vero
Heritage $12,000; Cultural Council $60,000; and Main Street
Vero Beach $0; totaling $670,978.
TDC's recommendation would require the use of an additional
$4,328 in fund balance, for a total fund balance usage of
$74,328.
11:11 Discussion ensued regarding the Fund Balance; the lack of
a.m. tourism revenues for the Hibiscus Festival; the point ratings
from the TDC and the ranking of the agencies; and the support
for festivals if they are multi -day and putting "heads in beds."
11:31 Bob Johnson asked the Board to ensure that marketing for
a.m. tourism is adequately funded.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
F. Public Works
G.
None
Utilities Services
None
13. COUNTY ATTORNEY MATTERS PAGE
11:37 A. Authorization to File a Petition with Department of Juvenile Justice
a.m. Challenging its Reconciliation Statement for Fiscal Year 2012-2013
(memorandum dated May 28, 2014) 101
Assistant County Attorney Kate Pingolt Cotner spoke about Florida
Statute 986.686 and the cost share responsibility of counties and state to
support the Department of Juvenile Justice (DJJ). In November 2013,
Board of County Commission Minutes Page 8
June 3, 2014
the County received a reconciliation statement from DJJ stating that
Indian River County was entitled to about $245,000 as a credit for
overpayment for fiscal year 2012-2013; however, DJJ made clear that
they did not have the funds to credit any county or operate DJJ care
centers. Later, DJJ suggested holding off on filing a challenge, waived
the point of entry, and the letter from the DJJ said to wait to see if the
Florida Legislature appropriates extra money to resolve the situation.
This past year, the Legislature proposed a BM that would not only have
fixed the calculation issues of the cost sharing program, but would have
reimbursed the counties, but the Bill failed. Attorney Pingolt Cotner is
now waiting for a declaration from DJJ that would allow for the point
of entry, and once it is issued, the County will have 21 days to file a
challenge. She requested authorization to file a petition once the point
of entry is issued.
A brief discussion ensued regarding authorization to file the petition.
MOTION WAS MADE by Vice Chairman Davis, SECONDED by
Commissioner Flescher, to authorize the County Attorney to file a
petition with the Department of Juvenile Justice to challenge the
reconciliation statement for fiscal year 2012-2013.
Further discussion ensued regarding future workshops for the Florida
Association of Counties (FAC), other participating counties in Florida
that are experiencing the same issue, and whether funding would be
available to make restitution for the miscalculation.
The Chairman CALLED THE QUESTION and the Motion carried
unanimously.
10:44 B. Request for Lease Amendment with St. Francis Manor
a.m. (memorandum dated May 23, 2014)
102-115
Deputy County Attorney Bill DeBraal informed the Board that this is
the ninth proposed amended lease to St. Francis Manor of Vero Beach,
Florida, Inc., since 1973. He described the specifics of the Eighth
Amended Lease (approved on June 4, 2013), and the changes in the
Ninth Amendment. He requested the Board approve the Ninth
Amendment (which includes the property under the County's tower)
and a resolution that authorizes the Chairman to execute further
documents necessary for the Comprehensive Plan Amendment and the
zoning change.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Davis, the Board unanimously approved Resolution 2014-
049, authorizing the Chairman to execute documents consistent with St.
Francis Manor's request for a Comprehensive Plan Amendment and
Board of County Commission Minutes Page 9
June 3, 2014
rezoning request for County owned property.
14. COMMISSIONERS MATTERS
10:48
a.m.
A. Commissioner Peter D. O'Brvan, Chairman
1. City of Vero Beach Change of Ordinance — Extension of
Bar/Restaurant Hours to 2 a.m.
(memorandum dated May 22, 2014)
Chairman O'Bryan provided mformation for discussion and/or
action regarding the City of Vero Beach's (City) change of
Ordinance to allow establishments to serve alcohohc beverages
until 2:00 a.m., and the imposed 12 -month sunset window with
instructions to the Police Department to monitor impacts and
report back to the City Council in June of 2015. He said this
has now created an unfair competitive balance with
establishments located in the unincorporated County, and asked
fellow Commissioners if they wanted to consider taking action.
MOTION WAS MADE by Vice Chairman Davis, SECONDED
by Commissioner Flescher, to direct staff to draft an ordinance
to amend the County's Ordinance so it mirrors the City of Vero
Beach's Ordinance with the same sunset provision.
116-118
A brief discussion ensued among the Board regarding the sunset
provision, and requesting the Sheriff to provide a report of
impacts to the Board of County Commissioners.
MOTION WAS AMENDED by Vice Chairman Davis,
SECONDED by Commissioner Flescher, to direct staff to draft
an ordinance that mirrors the City of Vero Beach's Ordinance
and the sunset provision, and to request the Sheriff to provide a
report of impacts to the Board of County Commissioners.
The Chairman CALLED THE QUESTION, and by a 4-1 vote
(Commissioner Zorc opposed), the Amended Motion carried.
Attorney Reingold said the Ordinance, due to notice provision
requirements, would return to the Board around July.
Board of County Commission Minutes Page 10
June 3, 2014
11:54 2. Letter of Support for Old Vero Ice Age Sites Committee's Historic
a.m. Preservation Application for a Grant
(memorandum dated May 27, 2014)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved a
Letter of Support for Old Vero Ice Age Sites Committee's
(OVIACS) Historic Preservation Grant Application
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Bob Solari
E.
None
Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B.
None
Solid Waste Disposal District
119-121
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 April 15, 2014
2. Request to Participate in the "2014 KIRB Marketplace" at Indian
River Mall
(memorandum dated May 23, 2014)
122-127
3. Work Order No. 9 to Geosyntec for One Year of Groundwater
Monitoring/Reporting and Related Consulting Services at the
Former South Gifford Road Landfill
(memorandum dated May 23, 2014)
128-144
Board of County Commission Minutes Page 11
June 3, 2014
C.
4. 2014 Master Plan Update — Summary of Technical Memorandums 4
and 5
(memorandum dated May 23, 2014) 145 148
Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:11 p.m.
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court . d Comptroller
/_
air Deputy Clerk
BCC/LA/2014Minutes
/edire
Peter D. O'Bryan, Chairma
Approved:
-t /-2 /'/
Board of County Commission Minutes Page 12
June 3, 2014