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COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JULY 5, 2016 - 9:00 A.M.
Commission Chambers
Indian River County Administration Complex
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
Nvww.ircgov.com
Bob Solari, Chairman
District 5
Present
Jason E. Brown, County Administrator Present
Joseph E. Flescher, Vice Chairman
District 2
Present
Dylan Reingold, County, Attorney Present
Wesley S. Davis
District 1
Present
Jeffrey R. Smith, Clerk of the Circuit
Peter D. O'Bryan
District 4
Present
Court and Comptroller
Tim Zorc
District 3
Present
Leona Adair Allen, Deputy Clerk
DVD
TIMES
1.
2.
3.
4.
9:02
a.m.
5.
CALL TO ORDER 9:00 A.M.
INVOCATION Freddie L. Woolfork, Gifford Youth Achievement
Center, Inc.
PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner Davis,
the Board unanimously approved the agenda as presented.
PROCLAMATIONS and PRESENTATIONS
PACKET
PAGES
9:02 A. Presentation of Proclamation Honoring Reli), Raliyah Dawson as Youth of the
a.m. Year Winner for Indian River County, the State of Florida, and the Southeast
Region of the United States ----------------1--------
-----------------------------------------------------------------------------------------
Commissioner Davis read and presented the Proclamation to Raliyah
Dawson.
Board of County Commission Minutes Page 1
July 5, 2016
6. APPROVAL OF MINUTES
9:07 A. Regular Meeting of May 17, 2016
a.m.
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
Zorc, the Board unanimously approved the Regular Meeting Minutes of
May 17, 2016, as written.
B. Regular Meeting of May 24, 2016
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
O'Bryan, the Board unanimously approved the Regular Meeting Minutes of
May 24, 2016, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:08 A. Update on All Aboard Florida / Vero Electric Expenses
a.m. (memorandum dated June 27, 2016) 2-7
-----------------------------------------------------------------------------------------------------------------------
B. Florida Public Service Commission Conference -Docket No. 160049 -EU —
Petition for Modification of territorial order based on changed legal
circumstances emanating from Article VIII, Section 2(c) of the Florida
Constitution, by the Town of Indian River Shores, has been received and is
available for review in the Office of the Clerk to the Board. ----
-----------------------------------------------------------------------------------------------------------------------
8. CONSENT AGENDA
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O'Bryan,
the Board unanimously approved the Consent Agenda, pulling Items 8.I., 8.1, and
8.M. for discussion and/or comment.
9:08 A. Approval of Checks and Electronic Payments — June 10, 2016 to June 16, 2016
a.m. _(memorandum_ dated June 10,_2016)-------------------------------------------------------------- 8 -14 -----
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
B. Approval of Checks and Electronic Payments — June 17, 2016 to June 23, 2016
(memorandum_ dated June 23,2016) ------------------------------------------------------------1.5-23_____
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
C. Resolutions Delegating the Authority to the County Administrator or his
Designee to Call Letters of Credit and to Act on Behalf of Indian River County
during the time frames of July 13, 2016, through and including August 15,
2016, and August 17, 2016, through and including September 12, 2016
(memorandum dated June 28,-2-01-6) ----------------------------------------------------------- 24-28_____
Board of County Commission Minutes Page 2
July 5, 2016
-----------------------------------------------------------------------------------------------------------------------
Approved: (1) Resolution 2016-058, delegating authority to the County,
Administrator or his designee, to execute Resolutions Calling Letters of
Credit as necessary during the period commencing July 13, 2016, through
and including August 15, 2016, and further delegating to the County
Administrator or his designee, the authority to execute a❑ documents
necessary to the proper functioning of the County during the period
commencing July 13, 2016, through and including August 15, 2016; and
(2) Resolution 2016-059, delegating authority to the County Administrator
or his designee, to execute Resolutions Calling Letters of Credit as
necessary during the period commencing August 17, 2016, through and
including September 12, 2016, and further delegating to the County
Administrator or his designee, the authority to execute all documents
necessary to the proper functioning of the County during the period
commencing August 17, 2016, through and including September 12, 2016.
D. Release of Interest, if any, for 59`" Avenue in Albrecht Acres Subdivision
(memorandum dated June 27, 2016) 29-36
------------------------------------------------- ---------------------------------------------------------------------
(1) Approved the conveyance of 59` Avenue by County Deed to Harmony
Reserve, LLC; (2) accepted the Utility Easement by Troy D. Pinner and
Dena K. Pinner; and (3) authorized the Chairman to execute the Deed on
behalf of the Board.
E. Budget Amendment for Start Up Costs at the Indian River County Shooting
Range New Skeet & Trap Facility
(memorandum dated June 21, 2016) 37-40
-----------------------------------------------------------------------------------------------------------------------
Approved funding for the startup costs of salaries in the amount of
$15,523.49, and expenses in the amount of $80,079.00; and authorized the
Budget amendment for Fiscal Year 2015-2016 in the amount of $95,602.49.
F. Cafeteria Facility — Building A / Daily Dose Cafe — Lease Renewal
(memorandum dated June 21, 2016) 41-43
-----------------------------------------------------------------------------------------------------------------------
Approved the extension of the existing lease from August 1, 2016 through
July 30, 2017, with automatic renewal for three (3) one year terms, each on
the same terms and conditions.
G. Right -of -Way Acquisition — 491' Street Road Improvement Project #1412, 2785
49` Street, Vero Beach, FL 32967, Owner: Thomas Reno
(memorandum_ dated June 16,-2016)-------------------------------------------------------------44-54
Approved the Purchase Agreement of the Thomas Reno property for
$13,632.00, and authorized the Chairman to execute same on behalf of the
Board.
H. Resolution Requesting Funding Assistance from State of Florida Beach Erosion
Control Program — FY 2017-2018
(memorandum dated June 23,_2016)------------------------------------------------------------- 55-56 -----
Board of County Commission Minutes Page 3
July 5, 2016
-----------------------------------------------------------------------------------------------------------------------
Approved Resolution 2016-060, requesting assistance from the State of
Florida Beach Erosion Control Program — FY 2017/2018.
9:08 I. Work Order No. 7 to Kimley-Horn & Associates, Inc., 66th Avenue Roadway
a.m. Widening (491h Street — 81St Street)
(memorandum dated June 22, 2016) 57-61
-
----------------------------------------------------------------------------------------------------------------------
Commissioner Zorc, having reviewed the Metropolitan Planning
Organization (MPO) 2025 Long Range Transportation Plan, questioned
whether there should be a modification to the Agreement for the bridge
design on 53rd Street.
Public Works Director Rich Szpyrka reported that no modification was
needed, and disclosed that staff had already made accommodations for the
future road and bridge.
ON MOTION by Commissioner Davis, SECONDED by Vice Chairman
Flescher, the Board unanimously approved and authorized the Chairman
to execute Work Order No. 7 with Kimley-Horn Associates, Inc. for a lump
sum amount of $59,845.00.
9:13 J. 2015 HUD Grant Renewals for Homeless Management Information System
a.m. (HMIS) and Continuum of Care (CoC) Program
_(memorandum_ dated June 20,_2016)------------------------------------------------------------- 62-69 -----
(Clerk's Note: This Item was heard following Item 8.M., and is placed here
for continuity.)
Commissioner O'Bryan received clarification from staff that there were no
unfavorable conditions or clauses in the Agreement.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, the Board unanimously: (1) acknowledged the renewal of awards by
Housing and Urban Development (HUD) in the aggregate amount of
$804,569.00; (2) authorized the Budget Office to process reimbursement
requests from the Treasure Coast Homeless Services Council, Inc.
(TCHSC) pursuant to the terms of the original Grants; and (3) allowed the
TCHSC to submit the Grant Agreement on behalf of the County.
K. Traffic Video Detection at 15th Place and Highway US 1: Board Approval for
Trade-in and Purchase of Four (4) Video Detection Cameras and One (1)
Processor
(memorandum dated June 23,_2016)------------------------------------------------------------- 70-72
(1) Declared four cameras surplus; and (2) authorized staff to trade-in four
(4) traffic video detection cameras and one (1) processor, and purchase
four (4) new traffic video detection cameras and one (1) processor.
Board of County Commission Minutes Page 4
July 5, 2016
L. Miscellaneous Budget Amendment 021
(memorandum dated June 28, 2016) 73-77
-
----------------------------------------------------------------------------------------------------------------------
Approved Resolution 2016-061, amending the Fiscal Year 2015-2016
Budget.
9:10 M. Approval of Sealed Bid Sale of Former County Jail Site Tower
a.m. (memorandum dated June 27, 2016) 78-93
-------------------------------------------------------------------- --------------------------------------------
Commissioner Zorc voiced his concerns over the sale of the footprint that
the tower sits on, and the Transfer of Sale not addressing the guy wires.
He felt there needed to be a provision where the purchaser would have the
rights to attach the support wires to the ground.
ON MOTION by Commissioner Davis, SECONDED by Commissioner
Zorc, the Board unanimously: (1) accepted the $175,680.00 bid from
Datapath Tower, LLC for the tower site as is, with no relocation of the guy
wires required; (2) approved the Agreement to Purchase and Sell Real
Estate (guy wires to remain in their current location); (3) authorized the
Chairman to execute said Agreement; (4) authorized the County
Attorney's staff to prepare and execute any other necessary documents to
complete the sale; (5) declared asset number 21650 a 25kW Genset
generator (serial number NGS00522) associated with the tower to be
surplus to the County's needs for its inclusion in the sale; and (6) approved
the above items subject to establishing the footprint for the guy wires.
N. First Amendment and Renewal of Concessionaire License Agreement for Food
Concession Services with Treasure Coast Consulting, Inc. d/b/a Treasure Coast
Concession
(memorandum dated June 20,-2-01-6) -----------------------------------------------------------94-109
Approved the First Amendment and Renewal of the Concessionaire
License Agreement with Treasure Coast Consulting, Inc., and authorized
the Chairman to execute same on behalf of the Board.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:15 A. Indian River County Sheriff Dervl Loar:
a.m. Intent to Apply for Edward Byrne Memorial Justice Assistance Grant (JAG):
Local Solicitation
(letter dated June 27-,-2-01-6) ____________________________110-116
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
Davis, the Board unanimously authorized the Indian River County
Sheriffs Office to apply for the Edward Byrne Memorial Justice
Assistance Grant (JAG) — Local Solicitation funds, for the purchase and
installation of digital monitors and to replace headsets in the Indian River
County Sheriffs Office existing helicopters.
Board of County Commission Minutes Page 5
July 5, 2016
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:16 1. Festival Ordinance
a.m. (memorandum dated June 23, 2016) 117-123
------------------------------------------------------------------------------------------------------------
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR THE
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO
THE BOARD
County Attorney Dylan Reingold provided background and
outlined the proposed amendments to the Indian River Code of
Ordinances, which addresses and resolves issues relating to
festival -like events. He also reviewed the additional proposed
language under Section 205.09, Sub -Section (2)(a), which relates
to permits requiring Board authorization for the Indian River
County Fairgrounds.
The Chairman opened the Public Hearing. There being no
speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously adopted Ordinance
2016-007, amending Section 205.02 (Definitions); repealing
Section 205.08 (Festivals); and amending Section 205.09 (Sale and
Consumption of Alcoholic Beverages at Designated Recreational
Facilities) of Chapter 205 (Parks and Recreation) of the Indian
River County Code; and providing for severability, codification,
and 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.)
9:34 1. Request to Speak from Wanda Scott, Gifford Economic
a.m. Development Council, Regarding Updating Gifford Community
Activities 124
-----------------------------------------------------------------------------------------------------------
(Clerk's Note: This Item was heard following Item 10.B.2. and is
placed here for continuity.)
Wanda Scott, 4306 26th Avenue, representing the Gifford
Economics Development Council, thanked staff for the
improvements to 45th Street; voiced concerns over infrastructure
and maintenance issues; and requested that the Board consider
maintenance funding for Gifford in the Fiscal Year 2016-2017
Budget.
Board of County Commission Minutes Page 6
July 5, 2016
9:21 2. Request to Speak from Nancy Offutt, Laura Riding Jackson
a.m. Foundation, Regarding Creating Designation of Poet Laureate for
Indian River County, and Designating the Laura Riding Jackson
Foundation as the Organization to Make the Official
Recommendation on Who is to be Named to this Honorary Four -
Year Position 125-129
-----------------------------------------------------------------------------------------------------------
Nancy Offutt, 686 Date Palm Road, representing the Laura
Riding Jackson Foundation, provided background on the
American poet, and requested the Board designate an honorary
position of Poet Laureate for Indian River County.
Commissioner O'Bryan informed Ms. Offutt that the Board does
not take formal action under Public Discussion items, but said he
would bring this back to the July 12, 2016, Board of County
Commission meeting for a vote.
Discussion ensued regarding sister Counties appointing Poet
Laureates; the vetting process; reaching out to the Cultural
Council; and waiting to see if other organizations within the
County are aware and/or interested in designating a Poet
Laureate.
9:42 3. Request to Speak from Michael Marsh Regarding Fraud / Budget
a.m. Indian River County Courthouse 130
-----------------------------------------------------------------------------------------------------------
Michael Marsh voiced concerns regarding the denial of an
indigent package that he submitted to the Courthouse; Clerks
not having access to the Property Appraiser's website; and not
being permitted to use a recorder in the Courthouse or Sheriff's
office.
Attorney Reingold explained the law as it applies to the authority
of elected officials, and stated that Mr. Marsh's allegation of
document fraud with the indigent package should go back to the
Judge, the Sheriffs office, or the State Attorney's office. He
explained that the Clerk of Circuit Court's job is to fulfill a
ministerial function, and reiterated that the Board of County
Commissioners could not get involved in his issue.
After clarification from the County Attorney, Chairman Solari
informed Mr. Marsh that since his issue falls under the Florida
State Statutes, he would need to pursue a State Agency to
examine the forms and decide if changes needed to be made. He
said the Board of County Commissioners did not have the
authority to change the Statute, nor can the Board direct the
Clerk of Circuit Court to do something in contravention to a
State Statute.
Board of County Commission Minutes Page 7
July 5, 2016
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Commissioner Davis encouraged Mr. Marsh to consider
appealing the Judge's decision, and to continue on to the
Supreme Court to find resolution.
10:01 4. Request to Speak from Hampton Jackson, Coldwell Banker,
a.m. Regarding Gifford Gardens Apartments Withdrawal of Demolition &
Water/Sewer Liens 131
------------------------------------------------- -------------------------------------------------
Hampton Jackson, Real Estate Agent with Coldwe❑ Banker and
representing K2 Management, requested the Board to withdraw
the demolition lien and the water/sewer liens that had
accumulated on the Gifford Gardens Apartments property. He
said the structures were demolished in April of 2012 and now he
wants the property to be developed.
Chairman Solari explained why he did not wish to eliminate the
liens on the property.
Discussion ensued regarding the County's liens on the property;
the blighted condition of the property before the demolition; and
having used taxpayers' money to pay for the demolition.
County Administrator Jason Brown provided the details of the
liens which totaled over $400,000; felt the purchaser of the
property should have been aware of the liens; and revealed that
the property taxes had not been paid since the property was
purchased.
Commissioner Zorc said he would help Mr. Jackson develop a
spreadsheet that will show the credits and the value of the liens
on the property.
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Communitv Development
None
B. Emergency Services
None
Board of County Commission Minutes Page 8
July 5, 2016
12. DEPARTMENTAL MATTERS
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
10:15 A. Construction Board of Adjustments and Appeals Appointment
a.m. (memorandum dated June 27 2016)------------------------------------------------------------ 132-135
Attorney Reingold announced the Architect vacancy on the Construction
Board of Adjustment and Appeals and requested that the Board review the
resume and application of Roy H. Lambert, Jr., before voting whether to
appoint him to the position.
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
Zorc, the Board unanimously appointed Roy H. Lambert, Jr., to the
unexpired term for the Architect representative to the Construction Board
of Adjustment and Appeals.
Board of County Commission Minutes Page 9
July 5, 2016
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
10:16 1. Short -Term Rentals and Hotels
a.m. (memorandum dated June 29, 2016)
136
------------------------------------------------------------------------------------------------------------
Commissioner Solari felt the recent Ordinance (2016-006)
pertaining to short-term rentals was treating the symptoms and
not the cause of the short-term rental issue. He spoke about the
increasing growth rates in tourism within Florida and Indian
River County, and felt that if the City and County are going to
promote tourism and discourage short-term rentals, there needs
to be more hotels. He suggested that Community Development
research hotels in the County and provide a report that would
show: (1) where hotels would be appropriate or possible; (2) the
existing hotels and the number of rooms they currently have both
east of US -1 and throughout the County; and (3) the current
estimate of short-term rentals. He also suggested staff provide
suggestions on how to increase the number of hotel beds.
Vice Chairman Flescher and Chairman Solari explained why they
wanted staff to involve the resources of the Treasure Coast Sports
Commission and the Indian River and Sebastian Chambers of
Commerce.
Joseph Paladin, President of Black Swan Consulting and
Entitlement, LLC, encouraged the Board to use the Chamber of
Commerce to reach out to hotel chains that might be interested in
building within Indian River County.
Commissioner Zorc suggested staff consider using Smith Travel
Research to provide hotel development guidelines.
Commissioner O'Bryan did not believe the proliferation of short-
term rentals was due to the price of hotel rooms, but rather the
easy access to rental services and rental houses being more
desirable venues for families. He voiced opposition to economic
incentives for hotels since they are not on the targeted industry
list. He said he would support staff providing an inventory
report, but felt the Board should stay focused on making sure that
suitable land and zoning is available, and that the permitting
process will be smooth and efficient.
Rick Hatcher, Executive Director of the Treasure Coast Sports
Commission, revealed that there has been an increase in the local
venues being used due to the recurring sporting events, and
Board of County Commission Minutes Page 10
July 5, 2016
believed that they would continue to take people away from the
I-95 hotels and into the Vero Beach and Sebastian areas.
ON MOTION by Vice Chairman Flescher, SECONDED by
Chairman Solari, the Board unanimously directed staff to
research Indian River County and provide a report that would
show: (1) where hotels would be appropriate or possible; (2) the
existing hotels and the number of rooms they currently have on
the east and west sides of US -1; (3) the most recent estimate of
short term rentals in the County; and (4) suggestions on how to
increase the number of hotel beds.
B. Commissioner Joseph E. Flescher, Vice Chairman
None
14. COMMISSIONERS MATTERS
C. Commissioner Weslev S. Davis
None
D. Commissioner Peter D. O'Bryan
10:39 1. Deferred From Meeting of June 21, 2016:
a.m. Rewrite of County Code Section 956.15
(memorandum dated June 13,2016) ------------------------------------------------ 137-144---
Commissioner
32016)------------------------------------------------137-144---
Commissioner O'Bryan provided background and requested the
Board to consider directing staff to rewrite Section 956.15
Regulations for Temporary Signs Requiring Permits, of the
Indian River County Code, which regulates temporary signs. He
believed the Supreme Court decision of Reed versus the Town of
Gilbert, Arizona made this Section invalid.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, to direct staff to rewrite Section
956.15 Regulations for Temporary Signs Requiring Permits.
Commissioner Zorc sought and received clarification regarding
the rules of temporary and permanent signs.
The Chairman CALLED THE OUESTION and the Motion
carried unanimously.
10:46 2. Update from FAC Annual Conference
a.m. (memorandum dated June -2-9,-2016) ------------------------------------------------------- 145
Commissioner
une292016)-------------------------------------------------------145Commissioner O'Bryan provided an update from the Florida
Association of Counties (FAC) Annual Conference.
Board of County Commission Minutes Page 11
July 5, 2016
15.
16
E. Commissioner Tim Zorc
None
SPECIAL DISTRICTS AND BOARDS
A. Emery-ency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:00 a.m.
A
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
an
Clerk
BCC/LA/2016Minutes
Bob Solari, Chairman
AUG 16 20%.,i ;roved:
`' LFR COUhlT`i•�''�
Board of County Commission Minutes Page 12
July 5, 2016