HomeMy WebLinkAbout05/05/2015 (2) BOARD OF COUNTY
COMMISSIONERS
riavERINDIAN RIVER COUNTY, FLORIDA
co REGULAR MEETING MINUTES
�`� '� TUESDAY MAY 5 2015 - 9:00 A.M.
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Commission Chambers
Indian River County Administration Complex
1801 27th Street, Building A
OR- 1A)t* Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS DISTRICT
Wesley S.Davis,Chairman District 1 Present Joseph A.Baird, County Administrator Present
Bob Solari,Vice Chairman District 5 Present Dylan Reingold, County Attorney Present
Joseph E.Flescher District 2 Present Jeffrey R. Smith, Clerk of the Circuit Present
Peter D. O'Bryan District 4 Present Court and Comptroller
Tim Zorc District 3 Present Maria I. Suesz,Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Stan Boling, Community Development Director
3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
9:02
a.m. Delete: Item 8.L. — Consent Agenda — Work Order No. 4 Kimley-Horn and
Associates, Inc.
Delete: Item 10.B.3. Public Discussion by Patricia Hunt Regarding New Public
Cameras in Public Building, Documented, etc.
Emergency Addition: Item 13.D. — County Attorney Matters — Out of State
Travel to Attend the All Aboard Florida Preliminary Injunction Hearing —
Washington, D.C.
ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner
Flescher, the Board unanimously approved the agenda as amended.
Board of County Commissioners Meeting
May 5,2015 Page 1
5. PROCLAMATIONS and PRESENTATIONS
9:04 A. Presentation of Proclamation Designating May 3 - 9, 2015, as Public Service
a.m. Recognition Week in Indian River County
1
Chairman Davis read and presented the Proclamation to County Staff.
9:09 B. Presentation of Proclamation Designating the Week of May 3 through May
a.m. 9, 2015, as National Correctional Officers and Employees Week
2
Commissioner Zorc read and presented the Proclamation to Sheriff
Deryl Loar,who was joined by several Law Enforcement Officers.
9:11 C. Presentation of Proclamation Recognizing May 10 through 16, 2015, as
a.m. National Police Week
3
Commissioner Flescher read and presented the Proclamation to Sheriff
Deryl Loar, who was joined by several Law Enforcement Officers. The
Sheriff presented a short video displaying a better understanding of
what officers face on a daily basis.
Police Chief of Fellsmere Keith Touchberry invited everyone to join
them in a ceremony to be held outside the Courthouse, Monday, May
11, 2015, at 10:00 a.m., as they honor Law Enforcement Week.
9:26 D. Presentation of Proclamation Recognizing May as Bike Month and May 11 —
a.m. 15, 2015, as Bike to Work Week
4
Vice Chairman Solari read and presented the Proclamation to Vicki
Gould, Co-Chairman of the Local Bike Friendly Community Working
Group.
9:31 E. Presentation of Proclamation Designating the Month of May, 2015, as Water
a.m. Safety Month
5
Commissioner O'Bryan read and presented the Proclamation to
members from the Rotary Club of Vero Beach, Oceanside.
6. APPROVAL OF MINUTES
9:32 A. Regular Meeting of April 7, 2015
a.m.
B. Regular Meeting of April 14, 2015
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan the Board unanimously approved the Regular
Meeting Minutes of April 7,2015, and April 14,2015, as written.
Board of County Commissioners Meeting
May 5,2015 Paget
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Amendment of Temporary License Agreement for Transit Hub
(memorandum dated April 28, 2015) 6-9
8. CONSENT AGENDA
9:34 ON MOTION by Commissioner Flescher SECONDED by
a.m. Chairman Davis, the Board unanimously approved the Consent
Agenda, pulling Item 8.E. for discussion.
A. Approval of Warrants—April 10, 2015 to April 16, 2015
(memorandum dated April 16, 2015) 10-19
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
B. Approval of Warrants—April 17, 2015 to April 23, 2015
(memorandum dated April 23, 2015) 20-27
Approved the list of warrants (checks) and wires as supplied by the
Comptroller's office.
C. Quarterly Investment Report for Quarter Ending 03/31/2015
(memorandum dated April 24, 2015) 28-40
Accepted the Quarterly Investment Report for Quarter Ending
March 31, 2015.
D. Quarterly OPEB Trust Report for Quarter Ending 03/31/2015
(memorandum dated April 24, 2015) 41-43
Accepted the Other Post Employment Benefits (OPEB) Trust
Report for the Quarter Ending March 31, 2015.
9:40 E. Change in Investment Policy
A.M (memorandum dated April 24, 2015)
44-52
Vice Chairman Solari sought clarity on the Investment policy
changes. Finance Director Diane Bernardo explained that after a
discussion with the County's investment committee they decided to
increase the CD amount from $3,000,000 to $6,000,000, for slightly
higher rates, yet low enough to collateralize, so all banks have an
opportunity to invest in the County's surplus funds.
MOTION WAS MADE by Vice Chairman Solari, SECONDED by
Chairman Davis, to accept Staff's recommendation.
Commissioner Zorc sought further information regarding the
County's reserve requirements.
Board of County Commissioners Meeting
May5,2015 Page3
The Chairman CALLED THE QUESTION, and the Motion
carried unanimously. The Board accepted the Investment Policy
change to Page 4, Section VIII — Portfolio Composition, Risk and
Diversification to read "No more than 10% of the portfolio may be
placed in certificates of deposit with a Qualified Public Depository
(and collateralized in accordance with State requirements) and no
more than $6 million of the portfolio may be placed in certificates
of deposit with any one financial institution."
F. Memorandum of Lease with Capstar Radio Operating Company for
Old Dixie WAXE Tower
(memorandum dated April 20, 2015) 53-60
Approved and authorized the Chairman to execute on behalf of the
Board the Memorandum of Lease with Capstar Radio Operating
Company, the tenant at the Old Dixie Highway WAXE Tower site.
G. Resolution Canceling Taxes on Properties Acquired by the City of
Fellsmere for the Benefit of the Municipal Water System
(memorandum dated April 16, 2015) 61-67
Approved Resolution 2015-053, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida Statutes.
(1010 Booker Street, Fellsmere, Florida 32948; Lots 191, 192 and
193, Block 8, Hall, Carter and James Subdivision; acquired via
foreclosure of a water lien (Katonia Rodriguez aka Katonia Pretric
Lockett, et al.) public purpose: for the benefit of the municipal
water system.
H. Miscellaneous Budget Amendment 13
(memorandum dated April 28, 2015) 68-70
Approved Resolution 2015-054 amending the Fiscal Year 2014-
2015 Budget.
Adoption of a Resolution Requesting an Easement from the State of
Florida for Construction of the Trans-Central Florida Rail Trail through
the St. Sebastian Preserve State Park
(memorandum dated April 23, 2015) 71-79
Approved: 1) Resolution 2015-055 requesting an easement through
a portion of the St. Sebastian River State Park for construction of a
recreational trail known as the Trans-Central Florida Railroad
Trail; 2) authorized the Chairman to sign the Resolution; and 3)
authorized staff to transmit the Resolution to the State of Florida.
Board of County Commissioners Meeting
May 5,2015 Page 4
J. Lease Extension, Little Mermaid Car Wash, 1935 43rd Avenue, 43`d
Avenue/SR60 Intersection Widening and Improvements, Timothy E.
and Joshana Tynes
(memorandum dated April 16, 2015) 80-86
Approved and authorized the Chairman to execute the agreement
with Little Mermaid Car Wash extending the lease until April 30,
2016.
K. Approval to Replace Two (2) Trimble GPS Units for Emergency
Services 911 mapping from GPServ, Inc.
(memorandum dated April 16, 2015) 87-89
Approved the Director of Emergency Services to trade in and
purchase two (2) GPS units from GPServ, Inc. in the amount of
$10,707.00.
L. Work Order No. 4, Kimley-Horn & Associates, Inc., 37th Street (US1 to
Indian River Boulevard) 5-Laning, IRC Project No. 1230
(memorandum dated April 23, 2015) 90-96
Deleted
M. F.D.O.T. Small County Outreach Program (SCOP) Agreement and
Resolution Authorizing the Chairman's Signature for Construction
(Resurfacing) and Construction Engineering Inspection (CEI) Services
of CR512 from 125th Avenue to I-95 — IRC Project No. 1304, FM No.
433066-1-58-01
(memorandum dated April 10, 2015) 97-120
Approved Resolution 2015-056 with the Florida Department of
Transportation (FDOT), authorizing the Chairman's execution of a
Small County Outreach Program Agreement for Construction
(resurfacing) and Construction Engineering Inspection (CEI)
Services of CR512 from 125th Avenue to 900 feet west of I-95.
N. Award of Bid No. 2014049, Aviation Boulevard/20th Avenue
Intersection Improvements, IRC Project No. 1422
(memorandum dated April 15, 2015) 121-131
Approved bid award to the lowest most responsive and responsible
bidder, Guettler Brothers Construction, LLC for $586,068.00, and
authorized the Chairman to execute the agreement upon review
and approval of both the agreement and required public
construction bond by the County Attorney as to form and legal
sufficiency, and the receipt and approval of required insurance by
the Risk Manager.
Board of County Commissioners Meeting
May 5,2015 Page 5
O. Work Order No. 1 — Southeastern Surveying and Mapping Corporation,
58th Avenue (57th Street to CR 510) Topographic Design Survey, IRC
Project No. 1325
(memorandum dated April 20, 2015) 132-139
Approved and authorized the Chairman to execute Work Order
No. 1, authorizing Southeastern Surveying and Mapping
Corporation to perform a Topographic Design Survey on 58t
Avenue (57th Street to CR510), as outlined in the Scope of Services
(Exhibit A) for Project No21325, in the amount of$80,090.00.
P. Work Order No. 2 — Kimley-Horn and Associates, Inc., Indian River
Boulevard Sidewalk (37th Street to 53r1 Street) Topographic Design
Survey, IRC Project No. 1415
(memorandum dated April 9, 2015) 140-148
Approved and authorized the Chairman to execute Work Order
No. 2 with Kimley-Horn and Associates, Inc. to perform a
Topographic Design Survey at Indian River Boulevard Sidewalk
(37th Street to 53rd Street) as outlined in the Scope of Services
Project No. 1415, for a lump sum amount of$20,195.00.
Q. Work Order No. 3 — Carter Associates, Inc., 49th Street (58th Avenue to
31st Avenue) Topographic Design Survey, IRC Project No. 1414
(memorandum dated April 9, 2015) 149-159
Approved and authorized the Chairman to execute Work Order
No. 3 with Carter Associates, Inc. to perform a Topographic Design
Survey for Project No. 1414, at .49th Street (58th Avenue to 31st
Avenue), for a lump sum amount of$33,640.00.
R. Work Order No. 2 — Masteller, Moler & Taylor, Inc. (formerly
Masteller, Moler, Reed & Taylor, Inc.), 69th Street left turn lane at U.S.
Highway No. 1 Topographic Design Survey, IRC Project No. 1360
(memorandum dated April 21, 2015) 160-167
Approved and authorized the Chairman to execute Work Order
No. 2 with Masteller, Moler & Taylor, Inc. to perform a
Topographic Design Survey for a 69th Street left turn lane at U.S.
Highway No. 1, Project No. 1360, for a lump sum of$20,115.00.
Board of County Commissioners Meeting
May 5,2015 Page 6
S. HUD Grant Renewals for Homeless Management Information System
(HMIS) and Continuum of Care (CoC) Program
(memorandum dated April 28, 2015) 168-173
The Board: 1) Acknowledged the renewal of awards by the Florida
Department of Housing and Urban Development (HUD) in the
aggregate amount of $758,861; 2) Authorized the Budget Office to
process reimbursement requests from the Treasure Coast
Homeless Services Council (TCHSC) pursuant to the terms of the
original grants; 3) Upon receipt of the original HUD agreements
and with approval by the County Attorney, authorized the
Chairman to execute same; 4) Allowed the Treasure Coast
Homeless Services Council to submit the grant agreement on behalf
of the County.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
9:44 A. Indian River County Sheriff Deryl Loar
a.m. Department of Homeland Security Operation Stonegarden Grant
(letter dated April 24, 2015) 174-182
Sheriff Deryl Loar presented for the second consecutive year the
Homeland Security Operation Stonegarden Grant application.
This Grant requires no matching funding. Over $100,000.00 from
the Federal Government will help the Sheriff's department police
the 22 miles of river and ocean.
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously authorized the
Sheriff to make application for the Department of Homeland
Security Operation Stonegarden Grant in the amount of$129,468.
After the motion, Chairman Davis asked Sergeant Eric Flowers to
talk about the Healthy Start Program.
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
9:46 1. Request for Authorization to Submit an FY 2015 Grant
a.m. Application for 49 USC Ch. 53, Section 5307 Mass Transit
Capital and Operating Assistance
(memorandum dated April 24, 2015) 183-192
Administrative
Indian River County and Metropolitan Planning
Organization (MPO) Staff Director Phil Matson was
seeking approval of a Resolution authorizing the filing of
the application for this Grant. He explained that half of
the GoLine operational funds come from this grant, and
these funds are passed through to the Senior Resource
Board of County Commissioners Meeting
May5,2015 Pagel
Association (SRA), the designated County transit service
provider. He provided an update on GoLine's
management, use, and operation. Subsequent to the 2010
Census, Indian River is no longer grouped in a pool with
St. Lucie County, and funding will continue until 2023
solely for our County's use.
The Chairman opened the floor to the public; seeing none,
the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Zorc, to approve staff s
recommendation.
Commissioner Zorc shared his experience when he took a
ride on a GoLine bus, and found it to be crowded. He
believed'soon we would be seeing the number of riders
grow. Upon his inquiry, he learned that by an automated
tracking system is used to count the number of riders on
and off the buses, and manual tracking will be continued
for one more year.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously approved
Resolution 2015-057 authorizing the filing of a FY 2015
Grant Application for 49 USC CH. 53, Section 5307 Mass
Transit Capital and Operating Assistance.
B. .PUBLIC DISCUSSION ITEMS
9.53 (As a general rule, public discussion items should be limited to matters
a.m. on which the commission may take action.)
1. Request to Speak from Dan Lamson, Indian River
Neighborhood Association, Regarding Indian River County's
All Aboard Florida Lawsuit 193
Dan Lamson, Executive Director of the Indian River
Neighbor Association (IRNA), read a short statement from
the Association thanking the Board for their efforts to
protect the community from the serious impacts that the
new expanded rail proposal of All Abroad Florida would
bring.
9:56 2. Request to Speak from Anna Garramone, President, St.
Christopher Harbor Home Owner's Association, Regarding
a.m. Head Island Restoration Project 194
Anna Garramone, President of the St. Christopher Harbor
Home Owner's Association, 2136 Harbor Lane, recalled
the Board's decision of March 10, 2015 to terminate the
Board of County Commissioners Meeting
May 5,2015 Page8
contract with TSI Disaster Recovery, LLC and end the
project due to additional funding needed to dispose of
dredged material to an off-site location. She appealed to
the Board to complete the project. She related that
between the County and her Home Owner's Association
over $100,000 had been invested in the project, and the
Association wanted to see it finished.
Several questions were posed to Environmental Planning
and Code Enforcement Chief Roland DuBlois by the
Board. He explained that they had a qualified engineer
give a revised estimate and staff felt it was a firm price, but
they would still need to go out for a Request For Proposal
(RFP).
Scott McGuire, Knight, McGuire and Associates, Royal
Palm Point, clarified that the extra expense was due to the
fact that the contractor was from out of town, and had no
contacts locally to work with to remove the fill. Mr.
McGuire has since obtained a firm price from a local
contractor to complete the entire project, and he said there
would be no additional cost to relocate the dredged
material.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Davis, to direct staff to move
forward with the Request For Proposal (RFP) and to
complete the Head Island Restoration Project.
Attorney Reingold asked Commissioner O'Bryan, if he
wanted to include in his motion the additional items that
staff originally requested on March 10, 2015: a
contribution cap of 50%, and the access issue with the
Home Owner's Association. Commissioner O'Bryan
responded affirmatively and amended his motion.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Chairman Davis, to approve staff's
recommendation made on March 10, 2015, Agenda Item
12.A.
Chairman Davis asked if there were any other comments
from the public. Seeing none, he concluded the discussion.
The Chairman CALLED THE QUESTION and the
MOTION, AS AMENDED carried by a 4-1 vote (Vice
Chairman Solari opposed). The Board: 1) approved staff to
issue a RFP to complete the remaining project work; 2)
Board of County Commissioners Meeting
May 5,2015 Page 9
approved to fund a contribution cap of 50% of the overall
project cost, with a County cap of $115,000; and 3)
authorized staff to coordinate with St. Christopher Harbor
Home Owner's Association to obtain the Home Owner's
Association's authorization to use Island Drive for land-
based removal of fill and a commitment of further
contribution to project costs.
3. Request to Speak from Patricia Hunt Regarding New Public
Cameras in Public Building, Documented, Etc. 195
Deleted
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
10:05 1. Consideration of Draft Parking Regulations for Vacation
a.m. Rentals
(memorandum dated April 23, 2015) 196-230
Community Development Director Stan Boling recalled the
Board meeting of February 10, 2015, when the Board
directed staff to draft parking •regulations :for vacation
rentals. Mr. Boling, using a PowerPoint presentation,
stated that the draft ordinance defines the term "vacation
rental", clarifies existing parking regulations for single-
family residences in general, and establishes parking
regulations specific to vacation rentals. He asked the Board
to review the draft ordinance and determine whether or
not to direct staff to initiate the formal Land Development
Regulation (LDR) amendment process with any initial
ordinance modifications desired by the Board.
Each Commissioner shared their concerns and opinions on
how to fairly apply different regulations on vacation
rentals from regulations on a single-family residence. The
Board posed questions to staff to gather additional
information.
Commissioner Zorc stated, aside from parking regulations,
he wanted to see regulations imposed similar to those
applied to Bed and Breakfast businesses, to enforce
Board of County Commissioners Meeting
May 5,2015 Page 10
capacity and occupancy regulations.
The Board discussion continued regarding comparisons of
the proposed parking regulation ordinance to other
property restrictions, and several Board Members
mentioned that the real issue was events, and not parking.
The Chairman opened the floor to the Public.
Joseph Paladin, President of Black Swan Consulting, and
Atlantic Coast Construction, wanted to know how the
Board would count the cars at vacation rentals in a mixed
use project, and learned that the Associations within those
projects have their own parking regulations.
Glenn Powell, 12845 Bay Street, Roseland, did not think
parking regulations were sufficient, and believed that the
renters would fmd ways to work around the Ordinance.
He thought the big issue was the number of people, and
suggested limiting the number of people that can occupy a
vacation rental at any given time.
Commissioner Flescher agreed; however, Deputy County
Attorney Bill DeBraal stated that staff found it to be easier
to enforce parking regulations, than event regulations. He
encouraged the Board to focus on events as another issue.
The Board continued discussing the enforcement issue.
Commissioner Flescher stated earlier and reiterated that
the County needed to prevent events at vacation rentals.
Emergency Services Director John King advised the Board
that residences are only discussed through code
enforcement, and not under fire regulations. For
residences operating as a business, he said that the County
would need additional regulations. He pointed out that a
number of vacation rental owners were not applying for a
business license. Without a separate County ordinance, he
would have very little influence.
Fire Marshal John Duran responded to questions on
occupancy loads in residences.
Joseph Paladin saw no difference in a short term rental
and a Bed and Breakfast.
David Hunter, 3702 Eagle Drive, Vero Beach, pointed out
Board of County Commissioners Meeting
May 5,2015 Page11
that we have a black market operation in the County
where vacation rentals are operating without a license,
which is a misdemeanor. He related that the County is
losing revenue from sales taxes, and that the situation is
causing chaos because the County has no way to control it.
Commissioner Zorc confirmed that Florida Statute
509.242, Public Lodging Establishment, was the Statute
that Mr. Hunter was discussing, and agreed with his
statements.
Honey Minuse, 27 Starfish Drive, representing the Indian
River Neighborhood Association (IRNA), said vacation
rentals are threatening the cohesiveness and stability of the
community. She pointed out some requirements
established in order to operate a vacation rental in Monroe
County, and asked the Board to look into having local
regulations in place that would treat vacation rentals as a
business.
Mr. Hunter thought the County needed to find a way to
control bad behavior at events.
Vic Cooper, 715 Harbor Drive, in the Moorings,
commented that people tend to "push the envelope", and
when you allow this to happen it affects property values,
and tax revenues. He suggested developing a contract.
The Chairman called for a break at 11:22 a.m. and he
reconvened the meeting at 11:34 a.m., with all members
present.
John Burns, 1811 E. Sandpointe Place, pointed out that
there are some homeowners that are not a part of any
homeowner's association. He related that it is the
responsibility of the South Beach Property Association
SBPA) to advocate the regulations of the rentals. He
addressed other issues that needed to be dealt with such as
unsightly trash, disorderly conduct, and loud music. He
urged the Board to issue a strong ordinance that regulates
these issues.
A discussion followed by the Board with comments and
questions to staff regarding issues addressed by Mr. Burns.
George Bryant, 180 Springline Drive, in the Moorings,
President of the Moorings' Property Owners Association,
supported the adoption of the Ordinance on a reasonable
Board of County Commissioners Meeting
May 5,2015 Page 12
number of vehicles parking at a vacation rental. He
recalled staff's memorandum of April 23, 2015, where
other issues were addressed besides parking that they feel
should be addressed with specific limitation: heads in bed,
noise, trash containers, and compliance with State safety
and licensing requirements.
Tuck Ferrell, 12546 N. Highway AlA, President of the
North Beach Civic Association, addressed problems with
people abusing the system at events held in his
neighborhood. He provided pictures for the record. He
looked up VRBO (Vacation Rentals by Owner) who are
advertising special events on the internet, and addressing
parking at the County park. He thought the parking
Ordinance was a good start, but did not know if it was
going to help the event situation. He supported the Board
for all their efforts in this matter.
A lengthy discussion continued between the Board and
staff regarding ways to fairly regulate events in an
Ordinance.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Chairman Davis, to: 1) accept the draft
ordinance as written, and direct staff to initiate the formal
Land Development Regulations amendment process; and
2) direct staff to draft a separate ordinance that would
prevent commercial events at vacation rentals in single-
family residential neighborhoods, defining specific events
that are prohibited, include criteria for formal advertising,
whether it be newspaper, internet or other prima facia
evidence for the use of commercial activity, and include
general criteria to enforce the ordinance.
Attorney Barry Segal, representing his client Mitch Dudak,
a vacation rental owner, presented a letter from his client,
pointing out that vacation rental parking is not the
problem; it is an event problem. His client would be very
encouraged to see the event problem addressed. Attorney
Segal responded to several questions from the Board.
Commissioner Flescher said the vehicle count on the
parking ordinance was the one thing preventing him from
supporting the motion, and he asked that it be modified.
Vince DeTurris, 595 Reef Road, Vice President of the
South Beach Property Owners Association (SBPOA), and a
concerned citizen, appreciated the Board's support on this
Board of County Commissioners Meeting
May 5,2015 Page 13
issue. He introduced Dr. Miles Conway who had been
working on this issue for three years.
Mr. Hunter disputed Mr. Dudak's comments presented by
Attorney Segal that the use of vacation rental properties
and the parking issue are a separate issue.
Dr. Miles Conway, 2314 S. Highway AlA, Economist
Industrial Consultant, Director and Secretary of SBPOA,
and Chairman of the Land Use Sub-Committee,provided a
slide presentation regarding social economic impact of
transient boarding houses, or vacation rentals. He defined
the reasoning and supportive suggestions of the SBPOA:
1. Avoid the gaming of the system, and control the
influx of people, the ordinance needs to include the
restriction of designated drivers in a driveway, and
also eliminate valet parking, limousine, and shuttle
service.
2. Remove the stipulation "for a vacation dwelling, the
number of automobiles parked outside of a carport
or garage." They see that as a step going
backwards.
3. Adopt an ordinance as Monroe County has for their
vacation rental law, and property license
requirements.
4. Counsel staff on using qualitative statistics.
Discussion continued by the Board commenting on Dr.
Conway's presentation, and further questions were posed
to staff.
Sheriff Loar stated his office's responsibility is to enhance
and assist the County with any ordinance that they adopt.
The Chairman asked Vice Chairman Solari to restate his
Motion, as two separate motions.
MOTION WAS RESTATED by Vice Chairman Solari,
SECONDED by Chairman Davis, to approve staff's
recommendation directing staff to initiate the formal Land
Development Regulation (LDR) amendment process.
Discussion continued by Chairman Davis who posed
additional questions to staff, reviewing the issues addressed
Board of County Commissioners Meeting
May 5,2015 Page 14
and shared thoughts and ideas on how staff could address
them in the ordinance.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
MOTION WAS RESTATED by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to direct staff to
draft an ordinance that would prevent commercial events
at vacation rentals in single-family residential
neighborhoods, defining specific events that are prohibited,
include criteria for formal advertising, whether it be
newspaper, internet or other prima facia evidence for the
use of commercial activity, and include general criteria to
enforce the ordinance.
Following the Motion, Vice Chairman Solari stated that he
wanted staff to bring the Ordinance back to the Board
through the normal LDR amendment process.
The Chairman CALLED THE QUESTION and the
Motion passed unanimously.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Zorc, to ask staff to review
and analyze the Monroe County Ordinance on Vacation
Rentals, consider the comments from the SBPOA, and
bring it back to the Board for further discussion.
A brief discussion followed among several Board members
regarding the Monroe County Ordinance being in
compliance with Department of Environmental Protection
and Health Regulations.
Vice Chairman Solari read the Monroe County Ordinance
and said he was not going to vote in support of this Motion.
He found the Monroe County Ordinance to be incredibly
onerous, and while Monroe County has certain specific
aspects to its nature for which it may be appropriate in
that County, he did believe it was not appropriate for the
unincorporated area of Indian River County.
The Chairman CALLED THE QUESTION and the
Motion carried, by a 3-2 vote (Commissioner Flescher and
Vice Chairman Solari opposed).
The Chairman called for a break at 1:42 p.m. and
reconvened the meeting at 1:55 p.m.
Board of County Commissioners Meeting
May 5,2015 Page 15
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. Office of Management and Budget
1. FEMA Project Worksheet De-Obligations and Appeals for
Hurricanes Frances and Jeanne and Miscellaneous Budget
Amendment 014
(memorandum dated April 27, 2015) 231-249
Management and Budget Director Jason Brown explained
for the Board that two project worksheets from Federal
Emergency Management Agency (FEMA) have been de-
obligated: Project Worksheet (PW) 5784 for FEMA-FL-
DR1561 (Hurricane Jeanne) was reduced by $500,000; and
PW 5313 under FEMA-FL-DR1545 (Hurricane Frances)
was reduced by $500,000. Staff's position, he explained, is
that these de-obligations are unwarranted and incorrect,
and the County had filed an appeal for each, attempting to
clarify the County's position. He said that outside counsel
Ernest Abbott, with Baker Donelson, was enlisted to assist
in the appeal process. He also advised that the State had
invoiced the County since they already incurred the charge
from FEMA. He recommended that payment be made to
the State at this time, to avoid placing a fmancial burden
on the State, and should the County prevail in the appeal
process, the County would be eligible for a reimbursement.
The Board posed questions to staff.
Board of County Commissioners Meeting
May 5,2015 Page 16
ON MOTION by Vice Chairman Solari, SECONDED by
Chairman Davis, the Board unanimously approved: 1) the
payment request for reimbursement to the Florida Division
of Emergency Management (FDEM) for PW's 5784 and
3571 for Hurricane Jeanne and PW 5313 for Hurricane
Frances; 2) authorized payment of the invoices for PW
5784 in the amount of$477,593.95, PW 3571 in the amount
of$183,170.66, and PW 5313 in the amount of$452,500.00;
3) approved Resolution 2015-058 amending the Fiscal Year
2014-2015 Budget; and 4) directed staff to continue with
the appeal.
2. Quarterly Budget Report
(memorandum dated April 27, 2015) 250-260
Director of Management and Budget Jason Brown
presented the second quarter report for fiscal year 2014-
2015. He responded to questions from the Board.
F. Public Works
None
12. DEPARTMENTAL MATTERS PAGE
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
2:26 A. Declaring unaddressed strip parcels to the north of 4465 28th Avenue
p.m. and west of 1305 34th Avenue, Vero Beach, to be unbuildable and the
parcel located at 116 N. Hickory Street, Fellsmere to be surplus
(memorandum dated April 28, 2015) 261-268
Deputy County Attorney Bill DeBraal stated that three property
owners approached the County Attorney's office about purchasing
County owned strip parcels or unbuildable lots that are adjacent
to property they already own:
1) Lot 116 N. Hickory Street, Fellsmere, Florida, adjacent to
Kenny Godfrey's property. This property is sandwiched
between two properties owned by Mr. Kenny Godfrey.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved staff's
recommendation, due to the narrow width of the property, the
length of time spent on the list of lands available and the location
of the lot, declared the property surplus and authorized staff to
Board of County Commissioners Meeting
May 5,2015 Page 17
send out the notices required by law; if no other adjacent property
owners express an interest in purchasing the lot after notified,
staff will sell the lot to Mr. Godfrey at the price of$700.00.
2) This property is an unaddressed lot to the north abutting
4465 28th Avenue, Vero Beach, adjacent to the Mt. Sinai
Baptist Church property.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously approved staff's
recommendation due to the lot being unbuildable because of its
width and the 21 years spent on the list of lands available,
declared the property surplus and authorized staff to send out the
notices required by law. If no other adjacent property owner
expresses an interest in purchasing the lot after notified, staff will
sell the lot to the Trustees of Mt. Sinai Baptist Church at the price
of$100.00.
3) This property is an unaddressed property directly west of
1305 34t Avenue, Vero Beach, and is owned by John
Vincent O'Reilly and Carolyn Chung O'Reilly. This
property has been maintained by the O'Reilly's and they
wanted to put a fence up.
ON MOTION by Commissioner Flescher, SECONDED by Vice
Chairman Solari, the Board unanimously approved staff's
recommendation due to the lot being unbuildable because of its
width, and the 14 years spent on the list of lands available,
declared the property surplus and authorized staff to send out the
notices required by law. If no other adjacent property owner
expresses an interest in purchasing the strip lot after receiving
notice, staff will sell the lot to Mr. and Mrs. O'Reilly at the price of
$100.00.
2:30 B. State of Florida 2015 Regular Legislative Session Review
p.m. (memorandum dated April 29, 2015) 269-277
Assistant County Attorney Kate Pingolt Cotner updated the Board
on the 2015 Legislative Session stating that the closure of the
legislative session three days early was a positive move for our
County because the bills that we were watching died. Only 188
bills passed that will go to the Governor's office. She advised that
we could expect the Beach Restoration and Enterprise Zone bills
to be in the special session in June. The bills the County was
opposing died, except the hazardous walking conditions. Before it
passed, both Chambers were able to make a number of changes.
From this point forward, the School Board and local government
will work together to determine what is a hazardous condition,
and enter into an interlocal agreement. She had no new
Board of County Commissioners Meeting
May 5,2015 Page 18
information regarding Amendment 1.
Attorney Coltner stated that the one bill that passed was local
government construction preferences. When the County has a
project that has 50% or more state funds associated with it, local
government cannot place local government restrictions on the
people that are hired for that project. In conclusion, she related
that May 19th was the date of the next legislative special session.
2:37 C. City of Vero Beach-Indian River Shores-Indian River County
p.m Mediation Update
(memorandum dated April 27, 2015) 278
Attorney Reingold provided the update advising the Board that on
May 1, 2015, the City of Vero Beach (the City) and the Town of
Indian River Shores (the Town) decided not to pursue the
mediation process relating to the electric utility issues under
Chapter 164, Government Conflict Resolution process. Until May
15th the Town will be in posture to continue their litigation, and
they may file an amended petition or amended complaint. In the
meantime, Florida Power and Light (FPL) will be preparing to
make an offer to the City relating to the Town's portion of the
electric utility to the City. Based upon that, the Town has offered
the City 50 days to respond to whatever petition complaint they
refile on May 15th'. He anticipates once he receives a copy of the
complaint filed by the Town, he will review, analyze, and bring
back to the Board recommendations on how to proceed with the
Town's lawsuit.
Discussion ensued by Chairman Davis, Commissioner O'Bryan
and Attorney Reingold, regarding the possible actions that could
be undertaken by the Town, and how that would impact the
County.
D. Emergency Addition — Out of State Travel to attend the all Aboard
Florida Preliminary Injunction Hearing — Washington D.C.
(memorandum dated May 4, 2015) 278
Attorney Reingold recalled that on February 1, 2015 the County
filed a lawsuit in Federal Court of the District of Columbia against
the United States Department of Transportation, challenging the
approval of the allocation of$1,075,000 worth of activity bonds for
the All Aboard Florida project. The court set May 29, 2015, at
10:00 a.m., as the time for the hearing on the preliminary
injunction.
MOTION WAS MADE by Commissioner O'Bryan, SECONDED
by Commissioner Zorc, to approve Commissioners and/or staff to
attend the out of state travel on the All Aboard Florida
Preliminary Injunction Hearing in Washington, D.C. on May 29,
Board of County Commissioners Meeting
May 5,2015 Page 19
2015.
A brief discussion followed regarding the Motion and whether to
send a designated Commissioner or to leave the option open.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
14. COMMISSIONERS MATTERS
A. Commissioner Wesley S. Davis, Chairman
None
B. Commissioner Bob Solari,Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D. Commissioner Peter D. O'Bryan
None
3:00 E. Commissioner Tim Zorc
p.m.
1. Indian River Lagoon Council Membership Consideration
Agenda Item
(memorandum dated April 29, 2015) 279
Commissioner Zorc said he had been attending the Indian
River Lagoon Council (IRLC) meetings and he felt that
being at the table had more benefits than not being there.
He asked the Board to consider becoming a partner with
the Council. He introduced Mr. Bob Ulevich, Polymath
Consulting Services LLC., who wanted to encourage the
Board to approve this request.
MOTION WAS MADE by Commissioner Zorc, for Indian
River County to become a participating member of the
Indian River Lagoon Council (IRLC).
Commissioner O'Bryan agreed that we do need to make a
presence at the IRLC meetings. However, his one major
reservation was the lack of representatives having the
primary vote.
Vice Chairman Solari offered to sit down later with Mr.
Board of County Commissioners Meeting
May 5,2015 Page 20
Ulevich to explain what the County Commissioners did not
approve. However, he did define two issues at stake, not
just the health of the Lagoon, but good government,
added, "what was sacrificed was goad"goKernmerit. _: He
continued to expound on his argument by reading a`Wall\
Street Journal Article that described the nature of
bureaucracy, to "grab power and expand it" and he
discussed facts indicating that the IRLC's expenses are out
of control. In conclusion, it was his opinion that the Board
did the right thing by not joining the IRLC.
Bob Ulevich rebutted that the driving force behind the
intended budget was the elected officials.
The CHAIRMAN CALLED THE QUESTION and the
Motion died for LACK OF A SECOND.
2. Fire Station Planning and Other Fire District Related Topics
(memorandum dated April 29, 2015) 280
3:13 Commissioner Zorc asked the Board to look at their June
p.m. calendar to schedule a meeting to discuss fire station
planning and other fire related topics, and to allow a three
hour window.
There was a CONSENSUS to direct the County
Administrator's Assistant to schedule the workshop, based
on the Commissioners' availability.
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT—3:18 p.m.
There being no further business, the Chairman declared the meeting adjourned at 3:18 p.m.
Board of County Commissioners Meeting
May 5,2015 Page 21
ATTEST:
►. t
Jeffrey R. Smit , CPA, CGFO, CGMA Wesley S. Davis, Chairman
Clerk of Circuit Court and Comptroller
By: v`.ovv - Approved June 2, 2015
Deputy Clerk
BCC/ms/05052015
Board of County Commissioners Meeting
May 5,2015 Page 22