HomeMy WebLinkAbout01/19/2016 (3)0
COUNTY COMMISSIONERS DISTRICT
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, JANUARY 19, 2016
Commission Chambers
Indian River County Administration Complex
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Bob Solari, Chairman
District 5
Present
Joseph A. Baird, County Administrator
Joseph E. Flescher, Vice Chairman
District 2
Present
Dylan Reingold, County Attorney
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.
9:01
a.m.
61
CALL TO ORDER 9:00 A.M.
INVOCATION Deptity Teddy Floyd,
Commissioner Davis
PLEDGE OF ALLEGIANCE Commissioner Wesley S. Davis
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
Delete Item 12.C.3.a. Rental Agreement Proposal for Hobart Baseball Fields
ON MOTION by Commissioner Davis, SECONDED by Vice Chairman
Flescher, the Board unanimously approved the Agenda as amended.
PROCLAMATIONS and PRESENTATIONS
Present
Present
Present
PACKET
PAGES
9:02 A. Presentation of Proclamation Designating January 24 — 30, 2016, as Indian
a.m. River County School Choice Week 1
Commissioner Zorc read and presented the Proclamation to Shelby
Tankersley.
10 -
Board of County Commission Minutes
January 19, 2016 Page 1
9:04 B. Presentation of Proclamation Recognizing Indian River County Veteran Cpl.
*a.m. Sylvester McIntosh for Receiving the Secretary of the Navy's Silver Star
Medal------------------------------------------------------------------------------------------------------- ---
Chairman Solari read the Proclamation honoring Veteran Corporal
Sylvester McIntosh in recognition of receiving the Navy's Silver Star
Medal. Colonel Marty Zickert received the award on behalf of
Corporal McIntosh.
9:10 C. Presentation of Quarterly Recycling Update by Stephanie Vos, Recycling
a.m. Education and Marketing Coordinator, Indian River County Solid Waste
DisposalDistrict------------------------------------------------------------------------------------------3--
Recycling Education and Marketing Coordinator of the Solid Waste
Disposal District Stephanie Vos, used a PowerPoint Presentation to
provide the quarterly recycling update, which reflected a 56% increase
in the tonnages of outgoing recyclable materials from last year.
A brief discussion ensued between the Board and staff.
Wanda Scott, 4306 26th Avenue, sought and received information
regarding the exchange of recycling bins. She also inquired about a
Proclamation for her mother.
Herbert Whittall, 19 Park Avenue, suggested staff find a process to
• recycle shredded paper.
9:37 D. Presentation of Annual Report by Laurie Easterwood, Chairperson; Charlie
a.m. Wilson, President; and Robert McCabe, Economic Development; Vero
Beach Chamber of Commerce ----
---------------------------------------------------------------------------------------------------------------------
Vero Beach Chamber of Commerce President Charlie Wilson, Economic
Development Director Robert McCabe, and Jeffrey Zachary, used a
PowerPoint Presentation to provide an update on the Vero Beach Chamber
of Commerce and their 2016 priorities, which includes economic
development, an increase in tourism, and promoting Vero Beach.
6. APPROVAL OF MINUTES
None
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
9:56 A. Letter of Opposition to All Aboard Florida from Penny Chandler to the Federal
a.m. Railroad Administration
(memorandum dated January 7, 2016)
4-7
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•
Board of County Commission Minutes
January 19, 2016 Page 2
Chairman Solari acknowledged the letter that Indian River County
• Chamber of Commerce President Penny Chandler had sent to the Federal
Railroad Administration, opposing All Aboard Florida (AAF), now known as
Brightline.
B. New Fees for Indian River County Shooting Range Effective March 1, 2016
(memorandum dated January 5, 2016)________________________________________________________________8-11
C. Retirement Award and Proclamation Honoring Elizabeth Peters on Her
Retirement from Indian River County Board of County Commissioners Utilities
De�artment/Customer Service Division with Ten Years of Service 12-13
- - - - e - - -------o --- -------------
Commissioner O'Bryan recognized the retirement of Elizabeth Peters.
8. CONSENT AGENDA
9:57 ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner O'Bryan,
a.m. the Board unanimously approved the Consent Agenda, pulling Item 8.N. for
comment.
A. Approval of Checks and Electronic Payments — December 31, 2015 to January 7,
2016
(memorandum dated January 7, 2016) 14-20
-----------------------------------------------------------------------
Approved the checks and electronic payments as supplied by the
Comptroller's office.
• B. Mt. Zion Missionary Baptist Church and Hutton Team LLC's Request for Final
Plat Approval for a Subdivision to be known as Gifford PD
_(memorandum dated January 8, 2016)______________________________________________________________ 21-37
Granted final plat approval for the Family Dollar store (Lot 1), for the
Gifford Planned Development (PD).
C. Florida Fish and Wildlife Conservation Commission Agreement No. 15120 —
Indian River County Shooting Range Hunter Education Classroom
(memorandum dated January 6, 2016) 38-85
(1) Approved funding for the Indian River County Shooting Range Hunter
Education classroom and covered porch area; (2) approved Agreement No.
15120 with the Florida Fish and Wildlife Conservation Commission; and (3)
authorized the Chairman to execute said Agreement.
D. Financial Advisory Agreement — FirstSouthwest
(memorandum dated January 12,_2016) 86-100
---------------------------------------------------------------------
Approved the Financial Advisory Agreement with FirstSouthwest, a division
of Hilltop Securities, Inc.
E. Miscellaneous Budget Amendment 011
(memorandum dated January 8, 2016) 101-111_
• Approved Resolution 2012-008, amending the Fiscal Year 2015-2016 Budget.
Board of County Commission Minutes
January 19, 2016 Page 3
• F. Final Payment to Blue Goose Construction for Water Main Loops in the
Highlands and Falcon Trace
(memorandum dated January 11,_2016)_____________________________________________ 112-116
Approved the Application for Final payment in the amount of $88,613.69
from Blue Goose Construction, LLC for the three water main loop
completions, which will release any further obligation to the contractor by
the County.
G. Final Payment to MMT for Route Survey for Fischer Lake Island Water
Assessment Project — UCP #4118
(memorandum dated December 31 2015)______________________________________________________ 117-119
Approved the Application for Final Payment to Masteller, Moler and Taylor,
Inc., in the amount of $7,432.75.
H. Diamond Court West FL, LLC's Request for Final Plat Approval for a Plat -Over -
Site Plan Single -Family Development to be known as Lily's Cay
(memorandum_ dated January 8, 2016) 120-147
Granted Final Plat approval for Lily's Cay at Vero Beach (fka Diamond
Court West).
I. Indian River County Intergenerational Recreation Center (IG Bldg) at South
County Regional Park — Change Order No. 03
(memorandum dated December 31,_2015)______________________________________________________ 148-156
• Approved additional funding to Kast Construction Company, LLC, for
Change Order No. 03, in the amount of $76,292.75, for the installation of
data/communication cables and connection hardware. The new total
contract price will be $10,945,371.34.
J. Indian River County Intergenerational Recreation Center (IG Bldg) at South
County Regional Park — Change Order No. 04
.-(memorandum-dated-December 31-,_2-01-5) ------------------------------------------------------ 157-163
Approved additional funding to Kast Construction Company, LLC, for
Change Order No. 04, in the amount of $76,118.19, for the installation of a
closed circuit television (CCTV) system. The new total contract price would
be $11,021,489.53.
K. Work Order No. 6 Morgan & Eklund, Inc., 2016 Beach Profile Monitoring
Surveys (Winter)
(memorandum_ dated January 11, 2016)_____________________________________________ 164-169
Approved and authorized the Chairman to execute Work Order No. 6, to the
Professional Land Surveying and Mapping Services Contract with Morgan
and Eklund, Inc.
L. Traffic Counters: Board Approval for Trade-in and Purchase of Four (4) Traffic
Counters
• (memorandum dated January-- 201__)_______________________________________________________ ___ 170-175_
Board of County Commission Minutes
January 19, 2016 Page 4
-------------------------------------------------------------------------------------------------------------------------
Authorized staff to purchase four (4) new traffic counters and trade-in four
• (4) old traffic counters.
M. Memorandum of Lease Extension and Second Amendment to Lease Agreement
for Winter Beach Tower at 3925 65th Street
(memorandum dated January 13,_2016)_________________________________________________________ 176-185
(1) Approved and authorized the Chairman to execute the Memorandum to
Lease Extension and Second Amendment for the Winter Beach Tower at
392565 th Street site, with CCATT LLC, aka Crown Castle; and (2) approved
and authorized the Chairman to execute an additional original Lease
Extension and Second Amendment on behalf of the Board.
N. Interlocal Agreement Among Indian River, Martin, and St. Lucie Counties
Establishing the Treasure Coast Workforce Consortium and the Workforce
Development Board of the Treasure Coast
(memorandum_ dated January 13,_2016)_________________________________________________________ 186-193
Chairman Solari voiced his opposition on this item.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Zorc, by a 4-1 vote (Chairman Solari opposed), the Board approved and
authorized the Chairman to execute the "Interlocal Agreement Among
Indian River, Martin, and St. Lucie Counties Establishing the Treasure
Coast Workforce Consortium and the Workforce Development Board of the
Treasure Coast."
• O. Approval of Resolution Establishing Fair Market Rental Rates for Housing
Choice Voucher Program
(memorandum dated January 13,_2016)_________________________________________________________ 194-197
Approved Resolution 2016-009, approving payment standards for fiscal year
2016 for the Housing Choice Voucher Program.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:58 1. County Initiated Request to Amend the Text of the Potable Water
a.m. and Sanitary Sewer Sub -elements of the County's Comprehensive
Plan
(memorandum dated January 8, 2016) 198-219
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Board of County Commission Minutes
January 19, 2016 Page 5
Community Development Director Stan Boling, through a
• PowerPoint presentation, provided background and outlined
the County initiated proposed amendment to the text of Policy
5.7 Potable Water, and Policy 5.8 Sanitary Sewer Sub -element
of the Comprehensive Plan, which would allow properties that
lie outside the Urban Service Area (USA) to be connected to
centralized water and sewer service under certain conditions.
He stated that the Planning and Zoning Commission (P&Z) had
voted 5-0 recommending the Board of County Commissioners to
deny the proposed amendment. He recommended approval of
the Amendment for transmittal to reviewing agencies by
adopting the Resolution.
Discussion ensued between the Board and staff.
The Chairman opened the Public Hearing.
Deborah Ecker, 550 Riomar Drive, on behalf of the Indian
River Neighborhood Association (IRNA), read opposing
statements to staffs proposed exemptions to the prohibition of
providing water and sewer outside of the USA.
Bob Johnson, Coral Wind Subdivision, questioned P&Z's vote
of 5-0, and wondered why it was not a 7-0 vote. He did not feel
• the members of the committee were properly representing the
County's position on the aspects of their responsibilities.
Chairman Solari requested staff to check over the next month
and report back to the Board on whether there appears to be
chronic absences.
Dr. David Cox, 9495 Periwinkle Drive, representing the Pelican
Island Audubon Society, opposed staffs proposal to amend
Policies 5.7 and 5.8.
Herbert Whittall, 19 Park Avenue, representing the IRNA,
requested the Board move forward with putting in sewers for
the 30,000 units on septic tanks before considering work outside
of the USA.
There being no additional speakers, the Chairman closed the
Public Hearing.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Solari, to deny staffs
recommendation, and not amend the Comprehensive Plan.
•
Board of County Commission Minutes
January 19, 2016 Page 6
•
11:10
a.m.
is
C]
County Attorney Dylan Reingold addressed concerns regarding
the changes to the Comprehensive Plan.
The Chairman CALLED THE QUESTION, by a vote of 2-3
(Commissioners Davis, Flescher, and Zorc opposed), the
MOTION FAILED.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Davis, by a 3-2 vote (Commissioners O'Bryan
and Solari opposed), the Board approved Resolution 2016-0109
approving the transmittal of a proposed Indian River County
Comprehensive Plan Text Amendment to State and Regional
review agencies.
There was a brief discussion regarding the Comprehensive Plan
amendment process, and this matter coming back to the Board
for the possibility of repealing the Comprehensive Plan changes.
The Chairman called for a break at 11:00 a.m., and reconvened
the meeting at 11:10 a.m., with all members present.
2. Amendment to Section 100.03 "Amendment or Repeal of
Ordinances" of Chapter 100 "General Provisions" of the Code of
Indian River County, Codifying and Publishing the Ordinances to
Readopt the Code up to and including Supplement 113
(memorandum dated December 29, 2015) 220-223
�T
-
Legislative
PROOF OF PUBLICATION OF ADVERTISEMENT FOR
HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
Attorney Reingold requested the Board adopt the proposed
ordinance to codify and publish the ordinances published in The
Code of Indian River County, up to and including Supplement
113.
The Chairman opened the Public Hearing. There being no
speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Solari, the Board unanimously adopted Ordinance
2016-001, amending Section 100.03 "Amendment or Repeal of
Ordinances" of Chapter 100 "General Provisions" of The Code
of Indian River County ("The Code"), codifying and publishing
the ordinances up to and including Supplement 113 thereto,
readopting the code, designating The Code as the best evidence
of the current law of Indian River County, Florida, and
Board of County Commission Minutes
January 19, 2016 Page 7
providing for severability, codification, and an effective date.
• B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
• None
1, Human Services
None
2. Sandridge Golf Club
None
3, Recreation
a. Rental Agreement Proposal for Hobart Baseball
Fields
(memorandum dated January 10,_2016)--------------------- 224-232
This item was deleted
The Chairman asked if anyone from the public
wished to comment on this item; there were no
speakers.
•
Board of County Commission Minutes
January 19, 2016 Page 8
D. Human Resources
• None
E. Office of Management and Budget
None
F. Public Works
None
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
11:13 A. Legislative Update by Kate Cotner, Assistant County Attorney
-----
-
a.m. (no ac up - ----
-------------- -------------------------------------------------------------------------------
-----------
Assistant County Attorney Kate Pingolt Cotner provided the Board
with the following legislative updates:
(1) House Bill 1279 / Senate Bill 1322 Juvenile Detention Costs, which
suggests a 50/50 split with the County, with the condition of no
• reimbursement. She recommended the Board support the Bill.
ON MOTION by Commissioner O'Bryan, SECONDED by Chairman
Solari, the Board unanimously directed the Attorney's Office to
support House Bill 1279 / Senate Bill 1322, as presented.
(2) House Bill 745 / Senate Bill 516 Special Districts, requires Special
Districts to have their own public website with very specific
information. Only one software company is able to provide the
information for the cost of approximately $200,000. Attorney Pingolt
Cotner recommended the Board oppose this Bill as written.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously directed the Attorney's
Office to oppose House Bill 745 / Senate Bill 516.
(3) House Bill 1387 / Senate Bill 1192 Waste Management. This Bill is
labeled Waste Management but actually deals with Solid Waste and
Disposal District recycling goals. This Bill would make it difficult for
the County to reach its recycling goal, and might be subjected to
enforcement rules. She recommended opposition to the Bill.
•
Board of County Commission Minutes
January 19, 2016 Page 9
ON MOTION by Commissioner Davis, SECONDED by Commissioner
• O'Bryan, the Board unanimously directed the Attorney's Office to
oppose House Bill 1387 / Senate Bill 1192.
(4) Senate Bill 1052 Environmental Control applies to Water Districts.
The language could impact the County's ability to manage solid waste
via the County's landfill, and would tie the County's hands with future
alternative options. Attorney Pingolt Cotner and Director of Utility
Services Vincent Burke recommended opposing the legislation as it is
currently written.
Chairman Solari requested Attorney Pingolt Cotner to bring this item
back to the Board in February, which would allow the Board more time
to review the details of the Bill.
(5) House Bill 1015 / Senate Bill 1222 Millage Rates will revise the
method for computing roll -back rates for purposes of determining the
maximum millage rates for certain local governments. Management
and Budget Director Jason Brown and Attorney Pingolt Cotner
recommended opposing the legislation as it is currently written.
ON MOTION by Commissioner O'Bryan, SECONDED by Vice
Chairman Flescher, the Board unanimously directed the Attorney's
Office to oppose House Bill 1015 / Senate Bill 1222.
•11:35 B. All Aboard Florida St. Johns River Water Management District Permits
a.m. (memorandum dated January_13 2016) 233-241
----------------------------------- - - -----------------------------------------------------------------
Attorney Reingold provided background concerning the St. Johns
River Water Management District Environmental Resource Permit
(ERP) application for the All Aboard Florida (AAF) project. He
requested authorization to seek and bring back to the Board for
approval, a Florida law firm familiar with the District permitting
process to assist in the overall review and evaluation of the District
applications and to identify options for potential challenges.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Zorc, the Board unanimously authorized the County
Attorney to move forward with hiring a Florida law firm to assist in the
District permitting process, with direction to obtain authorization from
the Board before execution of any contract for services.
14. COMMISSIONERS MATTERS
11:39 A. Commissioner Bob Solari. Chairman
a.m.
1. US South County Signage
• (memorandum dated January_12, 2016)__________________________________________242
Board of County Commission Minutes
January 19, 2016 Page 10
Chairman Solari reported that South County residents had
• expressed a strong interest in adding attractive, high quality
signage at the entranceway to Indian River County, now that
the new construction protect on US 1, in South County, has
been completed.
A brief discussion ensued amongst the Commissioners
regarding signage.
Commissioners Flescher and Zorc wanted to see signage at all
points of entry into the County.
ON MOTION by Vice Chairman Flescher, SECONDED by
Chairman Solari, the Board unanimously directed staff to look
at all options for appropriate signage for Indian River County,
with the idea that over time they may be placed at multiple
locations.
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
• None
14. COMMISSIONERS MATTERS
D. Commissioner Peter D. O'Bryan
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
The Board reconvened as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are available separately.
B. Solid Waste Disposal District
•
Board of County Commission Minutes
January 19, 2016 Page 11
1. Approval of Minutes December 1, 2015
• 2. Approval of Minutes December 8, 2015
•
3. CCNA-2014 Work Order No. 6 to CDM Smith, Inc. for
Engineering Services with the 2016 Annual Permit Compliance
Monitoring and Reporting
(memorandum dated January 11, 2016) 243-255
C. Environmental Control Board
None
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:47 a.m. ».
C0
••4M
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
By:
eputy Clerk
BCC/LAA/2016 Minutes
Bob Solari, Chairman
Approved:
FEB 0 2 2016
Board of County Commission Minutes
January 19, 2016 Page 12