HomeMy WebLinkAbout11/08/2016Indian River County Florida
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www ircgov.com
Meeting Minutes - Final
Tuesday, November 8, 2016
Commission Chambers
Board of County Commissioners
Bob Solari, Chairman, District 5
Joseph E. Flescher, Vice Chairman District 2
Wesley S. Davis, District 1
Peter D. O'Bryan, District 4
Tim Zorc, District 3
Jason E. Brown, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
Board of County Commissioners Meeting Minutes - Final November 8, 2016
1. CALL TO ORDER
ROLL CALL
Present: 5 - Chairman Bob Solari
Vice Chairman Joseph Flescher
Commissioner Wesley Davis
Commissioner Peter O'Bryan
Commissioner Tim Zorc
2. INVOCATION
Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller
3. PLEDGE OF ALLEGIANCE
Commissioner Bob Solari, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS
Item I O.B.I . deleted from the Agenda.
A motion was made by Commissioner Davis, seconded by Vice Chairman Flescher, to
approve the Agenda as amended. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
5. PROCLAMATIONS and PRESENTATIONS
5.A 16-966 Presentation of Proclamation Designating the Month of November as
National Runaway Prevention Month
Recommended Action: Read and Present.
Attachments: National Runaway Prevention
Commissioner O'Bryan read and presented the Proclamation to Frank Avilla,
representing the Children's Home Society of Florida.
Mr. Avilla spoke about the WaveCREST Shelter and the Safe Place Program. He
described the black and yellow, diamond shaped signs that are placed in areas
around the County that have a "Safe Place" logo on them, and explained the role
that these signs play in providing a safe place for troubled children until their
family members can be notified.
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
5.13 16-968 Presentation of Proclamation Designating the Month of November, 2016
as National Adoption Awareness Month
Recommended Action: Read and Present.
Attachments: National Adoption Awareness Proclamation
Commissioner O'Bryan read and presented the Proclamation to Frank Avilla.
Adoption Marketing Specialist for the Children's Home Society of Florida.
Mr. Avilla provided information to the Board about the adoptions in the area and
extended an invitation to the "National Adoption Day" celebration being held at
Langford Park in Jensen Beach, on November 19. 2016, from 10:00 a.m. to 2:00
p.m. He provided contact information for anyone who wished to obtain more
information about programs and services that the Children's Home Society
provides.
5.0 16-969 Presentation of Proclamation Designating the Month of November, 2016
as Veterans Day
Recommended Action: Read and Present.
Attachments: Veterans Day Proclamation
Commissioner Davis read and presented the Proclamation to Major Kim Pilger and
Captain Doy Demsick of the Veteran's Council of Indian River County.
Captain Doy Demsick provided details on several Veterans' Day Ceremonies being
held on Memorial Island, Riverview Park, American Legion Post 189 and VFW
10210, on Friday, November IL 2016.
5.D 16-970 Presentation of Proclamation Designating the Day of November 29, 2016 as
#Giving Tuesday
Recommended Action: Read and Present.
Attachments: #Giving Tuesday
Vice Chairman Flescher read and presented the Proclamation to Angelia Perry and
Freddie Woolfork of the Gifford Youth Achievement Center.
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
Freddie Woolfork provided information on the #Giving Tuesday event being held
on November 29, 2016, which was created to allow people to come together to
encourage giving and to get involved in a way that is meaningful to them or their
community.
6. APPROVAL OF MINUTES
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD
ACTION
7.A 16-992 Employment Report
Recommended Action: Informational only
Attachments: Info Nov 8 2016 --Employment Report
7.B 16-993 Paychecks for Patriots Hiring Event
Recommended Action: Informational only
Attachments: Info Nov 8, 2016 --Paychecks for Patriots
Commissioner O'Bryan spoke about the "Paychecks for Patriots" hiring event that
will be held at the Indian River State College, on the St. Lucie West Campus on
November 14, 2016, from 10:00 a.m. to 2:00 p.m.
7.0 16-976 Update On All Aboard Florida/Vero Electric Expenses
Recommended Action: Informational only
Attachments: Staff Report
All Aboard FL Expenses
FP&L-Vero Beach-FMPA expenses
7.D 16-977 Planning & Zoning Commission Vacancy Appointment
Recommended Action: Informational Only
Attachments: Staff Report
161019 Committee Vacancy Appointment (P -Z) Attach
Commissioner Zorc thanked Maria Calderone for her years of service on the
Planning and Zoning Commission, and appointed Kenneth A. "Chip" Landers to fill
the vacant position of the BCC Appointee, District No. 3, on the Planning and
Zoning Commission.
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7.E 16-999 Indian River County Venue Event Calendar Review
Recommended Action: Informational Only
Attachments: Event Calendar
7.F 16-1000 License / Use Agreement between FEMA, Indian River County and Indian
River State College for Use of Space in Brackett Library
Recommended Action: Informational only
Attachments: Informational Report
7.G 16-957 Florida Public Service Commission Notice of Consummating Order NO.
PSC -16 -0497 -CO -EI In re: Petition for approval of modification to and
extension of the approved economic development and re -development
rider experimental pilot tariffs, by Duke Energy Florida, LLC, is available
for review in the Office of the Clerk to the Board.
7.H 16-978 Florida Public Service Commission Order NO. PSC -16 -0499 -TR -EQ In re:
Petition for approval of modifications to standard interconnection
agreement contained in the approved tariff by Duke Energy Florida, LLC,
is available for review in the Office of the Clerk to the Board.
8. CONSENT AGENDA
A motion was made by Vice Chairman Flescher, seconded by Commissioner O'Bryan,
to approve the Consent Agenda as presented. The motion carried by the following
vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
8.A 16-962 Approval of Checks and Electronic Payments October 21, 2016 to
October 27, 2016
Recommended Action: Approve the attached list of checks and electronic payments issued by the
Comptroller's office for the period October 21, 2016 to October 27, 2016
Attachments: Approval of Checks
Approved staff's recommendation.
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
8.13 16-959 Quarterly Investment Report for the Quarter Ending 09/30/16
Recommended Action: Staff recommends the Board accept the attached Quarterly Investment Report.
Attachments: Quarterly Investment Report
Approved staff's recommendation.
8.0 16-961 Quarterly Tourist Development Tax Report for Quarter Ending 09/30/16
Recommended Action: Staff recommends the Board accept the attached Quarterly Tourist Development
Tax Report
Attachments: Quarterly Tourist Development Tax
Approved staff's recommendation.
8.D 16-960 Quarterly OPEB Trust Report for Quarter Ending 09/30/16
Recommended Action: Staff recommends the Board accept the attached Quarterly OPEB Trust Report
Attachments: Quarterly OEPB Trust Report
Approved staff's recommendation.
8.E 16-983 Internal Audit Division of the Clerk's Office
Recommended Action: Staff recommends that the Board accept the attached fourth annual report of the
Internal Audit Division
Attachments: Internal Audit Division
Approved staff's recommendation.
8.F 16-958 Economic Opportunities Council of Indian River County, Inc.
Recommended Action: The County Attorney recommends that the Board reappoint Miriam Gross. Jennifer
Proper and Linda McConkey and appoint Donald Hart, Sr. to the Economic
Opportunities Council of Indian River County, Inc.
Attachments: Staff Report
EOC Committee Appointments w Ltr Notice -Attach
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Board of County Commissioners Meeting Minutes - Final
Approved staff's recommendation.
November 8, 2016
8.G 16-1001 Jake Owen Foundation's Request to Utilize Sampson Field to Support
Charity Event on December 9, 2016
Recommended Action: Staff recommends that the Board authorize the Parks Division to issue the permit
requested, waive any field and light rental charge, and waive the alcohol
consumption prohibition under County Code Section 205.03 for the Event.
Attachments: Staff Report
Approved staff's recommendation.
8.H 16-980 Resolution Cancelling Taxes on Property Quit -Claimed by Indian River
County to the City of Fellsmere
Recommended Action: Authorize the Chairman of the Board of County Commissioners to execute the
attached Resolution to cancel certain taxes upon publicly owned land, and the Clerk
to send a certified copy of same to the Tax Collector and the Property Appraiser so
that any delinquent or current taxes can be cancelled.
Attachments: Staff Report
Resolution
Letter from Fellsmere City Attorney
Approved Resolution 2016-115, cancelling certain taxes upon publicly owned
lands, pursuant to Section 196.28, Florida Statutes. (Lincoln Park Subdivision)
8.1 16-981 Final Pay and Release of Retainage to Mack Concrete Industries, Inc., for
a new Package Wastewater Treatment Plant at Blue Cypress Lake - UCP
#41021 Bid No. 2015044
Recommended Action: Staff recommends that the BCC approve the Final Pay Application No. 4 in the
amount of $42,926.36 to Mack Concrete Industries. Inc.
Attachments: Staff Report
Pay Application No. 4
Approved staff's recommendation.
8A 16-953 Award of Bid No: 2017009 8th Street Sidewalk Improvements (58th
Avenue to 21st Court)
Recommended Action: Staff recommends that the project be awarded to Timothy Rose Contracting. Inc., in
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
the amount of $575.858.97 and requests that the Board of County Commissioners
approve the attached sample agreement and authorize the Chairman to execute said
agreement after receipt and approval of the required Public Construction Bond and
Certificate of Insurance and after the County Attorney has approved the agreement
as to form and legal sufficiency.
Attachments: Staff Report
Sample Agreement
Approved staff's recommendation.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
Indian River County Clerk of the Circuit Court & Comptroller Jeffrey R.
9.A 16-994 Smith Annual Fiscal Report for the Fiscal Year Ended September 30,
2016
Recommended Action: Approve the Annual Fiscal Report
Attachments: Clerk 9A.pdf
Clerk of Circuit Court and Comptroller Jeffrey R. Smith presented a summary of
the Annual Fiscal Report for the Fiscal Year ending September 30, 2016.
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Annual Fiscal Report for the Fiscal Year ending September 30, 2016. The
motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
9.B 16-995 Indian River County Property Appraiser David C. Nolte Annual Fiscal
Report for the Fiscal Year Ended September 30, 2016
Recommended Action: Approve the Annual Fiscal Report
Attachments: Annual Report
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
to approve the Annual Fiscal Report for the Fiscal Year ending September 30, 2016.
The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
9.0 16-996 Indian River County Sheriff Deryl Loar Annual Fiscal Report for the Fiscal
Year Ended September 30, 2016
Recommended Action: Approve the Annual Fiscal Report
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
Attachments: Annual Report
Sheriff Deryl Loar presented a summary of the Annual Fiscal Report and asked for
the Board's consideration of funds to replace an old generator and several windows
on the top floor of the Administration Building at the jail.
Commissioner O'Bryan mentioned his attendance at a recent Mental Health Court
staff meeting and graduation, and provided details of the visit. He stated that he was
extremely impressed by the Mental Health Program and spoke highly of Judge Cox.
He was inspired by how well the many agencies involved worked together to
provide mental health services to those who need the help.
The Chairman suggested that Sheriff Loar submit a request for the repairs and place
it on a future Board Agenda to provide an opportunity for public comment. Sheriff
Loar answered questions from the Board about the replacement costs and the
natural gas compatibility of the generator and provided information about the
Mental Health Court Program.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Flescher,
to approve the Annual Fiscal Report for the Fiscal Year ending September 30, 2016.
The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
9.D 16-997 Indian River County Supervisor of Elections Leslie R. Swan Annual Fiscal
Report for the Fiscal Year Ended September 30, 2016
Recommended Action: Approve the Annual Fiscal Report
Attachments: Annual Report
Upon request from the Supervisor of Elections Leslie Swan, Vice Chairman
Flescher presented information on the Annual Fiscal Report to the Board.
A motion was made by Vice Chairman Flescher, seconded by Commissioner Zorc, to
approve the Annual Fiscal Report for the Fiscal Year ending September 30, 2016. The
motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
9.E 16-998 Indian River County Tax Collector Carole Jean Jordan Annual Fiscal
Report for the Fiscal Year Ended September 30, 2016
Recommended Action: Approve the Annual Fiscal Report
Attachments: Annual Report
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
Tax Collector Carole Jean Jordan updated the Board on the revenues associated
with concealed weapons applications and provided information on the Annual
Fiscal Report. She also responded to several questions from the Board about the
revenue sharing on the concealed weapons permits and the efforts made for making
the process of obtaining the Real I.D. for driver's licenses less complicated. Also
present from the Tax Collector's Office were Debbie Gee, Adria Espich, and Lori
Bloom.
Brian Heady made comments about a recent visit to the Tax Collector's office, and
commended Carole Jean Jordan for being out in front assisting with customers
instead of sitting in her office.
A motion was made by Commissioner O'Bryan, seconded by Commissioner Zorc, to
approve the Annual Fiscal Report for the Fiscal Year ending September 30, 2016. The
motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
10.A.1 16-965 Right -Of -Way Ordinance Amendment (Legislative)
Recommended Action: The County Attorney's Office respectfully requests that the Chair open the
public hearing and take any comments from the public and then have the Board
vote to approve the proposed ordinance.
Attachments: Staff Report
Ordinance
County Attorney Dylan Reingold recalled the Meeting of August 16, 2016,
where the Board authorized the County Attorney's Office to review the Indian
River County Right -of -Way Ordinance in light of the Supreme Court's decision
in the Reed vs. Town of Gilbert case. Attorney Reingold provided background
on the proposed Ordinance along with the language prohibiting people from
standing or entering the right-of-way for the purpose of distributing items with
a driver or a passenger of a vehicle.
The Chairman opened the Public Hearing; there being no speakers, the
Chairman closed the Public Hearing.
Commissioner Zorc inquired about Section 312.06 (g) in the proposed
Ordinance which addresses unauthorized signs in the right-of-way and if a
temporary sign is included as prohibited activity. Attorney Reingold clarified
that the Planning and Development Department is working on an Ordinance
that will address the signage issue separately.
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10.A.2 16-973
November 8, 2016
A motion was made by Vice Chairman Flescher, seconded by Commissioner
Zorc, to adopt Ordinance 2016-013, Amending Section 312.02 (Purpose), Section
312.04 (Definitions) and Section 312.06 (Prohibited Activity) of Chapter 312
(Rights -Of -Way) of the Code of Indian River County, Florida in order to prohibit
the distribution of items in portions of the rights-of-way with drivers and
passengers of vehicles; and providing for codification, severability, repeal of
conflicting provisions, and an effective date. The motion carried by the following
vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
Ordinance Concerning Medical Marijuana Treatment Centers
Recommended Action: The County Attorney's Office recommends that the Chairman open the public
hearing and take public comment on this matter and then have the Board vote
whether to approve the Ordinance.
Attachments: Staff Report
Ordinance
County Attorney Dylan Reingold noted for the record that Amendment 2
concerning medical marijuana is on the ballot today, and that the Board has
already adopted a Regulatory Ordinance along with a Zoning Ordinance
addressing medical marijuana in the event that the Amendment passes. The
Board previously authorized staff to advertise for a public hearing to clarify the
definition of "medical marijuana treatment centers" and clarifying that
cultivation of marijuana in Indian River County is prohibited.
The Chairman opened the Public Hearing. There being no speakers, the
Chairman closed the Public Hearing.
A motion was made by Commissioner O'Bryan, seconded by Vice Chairman
Flescher, to adopt Ordinance 2016-014, Amending Section 315.02 (Definitions)
and Section 315.03 (Prohibited Activities) of Chapter 315 (Pain Management
Clinics, Controlled Substances and Medical Marijuana) of the Code of Indian
River County, Florida to revise the definition of a medical marijuana treatment
center and clarify the prohibited activities; and providing for severability,
codification and an effective date. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
B. PUBLIC DISCUSSION ITEMS
10.6.1 16-1002 Request to Speak from Ardra Rigby and Bill Rigby Regarding Issue on
Natural Gas / Franchise Agreement Negotiated with Waste
Recommended Action: Provide answers to questions on the Franchise Agreement with Waste
Management.
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Attachments: Request to Speak Form
This item was deleted from the Agenda.
10.B.2 16-1004 Request to Speak from Brian Heady Regarding Representative Government
Recommended Action: Corrective action by the County Commission
Attachments: Request to Speak Form
Brian Heady brought up the issue that veterans were being asked to return
bonuses that they received when they agreed to serve a tour of duty. He
requested that the Board approve a Resolution that would support the veterans
and put a permanent end to the policy. He also brought up the subject of the
pending sea turtle code violations.
Commissioner Zorc clarified for the record that the Secretary of Defense had
suspended the repayment of those fimds back in October, and that policy
applied to California National Guard members only. The Chairman echoed
Commissioner Zorc's comments and also noted for the record, with respect to
the code violations, that there has not been any authority presented by the
homeowner that Mr. Heady is representing her, nor has she appeared for any
meetings to express her feelings on the matter.
C. PUBLIC NOTICE ITEMS
10.C.1 16-964 Public Notice of Public Hearing Scheduled for November 15, 2016 to
Consider Creating a New Chapter 317 of the Code of Indian River
County to Prohibit Oil and Gas Well Stimulation (Fracking)
Attachments: Staff Report
County Attorney Dylan Reingold read the Notice of Scheduled Public Hearing
for November 15, 2016 into the record.
11. COUNTY ADMINISTRATOR MATTERS
12. DEPARTMENTAL MATTERS
A. Community Development
B. Emergency Services
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C. General Services
1. Human Services
2. Sandridge Golf Club
3. Recreation
D. Human Resources
E. Office of Management and Budget
F. Public Works
G Utilities Services
13. COUNTY ATTORNEY MATTERS
13.A 16-985 Jenkins vs. IRC - Unconditional Offer for a Parcel of Property Located on
the South Side of 53rd Street West of Old Dixie Highway
Recommended Action: Staff recommends that the Board approve making an unconditional offer for the
Permanent Slope Easement to the Jenkins Estate in the amount of $125,000.
Attachments: Staff Report
Permanent Slope Easement
Aerial
Temporary Construction Easement
County Attorney Dylan Reingold provided background on the issues with the
Jenkins property, and clarified circumstances that led to the filing of the lawsuit by
the Jenkins family.
A motion was made by Vice Chairman Flescher, seconded by Chairman Solari, to
approve staffs recommendation. The motion carried by the following vote:
Aye: 5 - Chairman Solari, Vice Chairman Flescher, Commissioner Davis, Commissioner
O'Bryan, and Commissioner Zorc
14. COMMISSIONERS MATTERS
A. Commissioner Bob Solari, Chairman
B. Commissioner Joseph Flescher, Vice Chairman
C. Commissioner Wesley S. Davis
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Board of County Commissioners Meeting Minutes - Final November 8, 2016
D. Commissioner Peter D. O'Bryan
E. Commissioner Tim Zorc
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
B. Solid Waste Disposal District
C. Environmental Control Board
16. ADJOURNMENT
There being no further business, the Chairman adjourned the meeting at 10:22 a.m.
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Board of County Commissioners Meeting Minutes — Final November 8, 2016
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA
Clerk of Circuit Court and Comptroller
L it
De�ty!Cjerk
BCC/SMG/2016 Minutes
Approved..
E. Flescher,
DEC 0 6 2016
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