The URL can be used to link to this page

Home My WebLink About06/02/2015 (2) BOARD OF COUNTY COMMISSIONERS iiS1 E INDIAN RIVER COUNTY, FLORIDA .s\l \r,. C)6.4 REGULAR MEETING MINUTES 'q Alt, ow71,0-: ,:*\i, �,` TUESDAY, JUNE 2, 2015 . ., Commission Chambers Indian River County Administration Complex L�RI� 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY DISTRICT COMMISSIONERS 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 Peter D. O'Bryan District 4 Present Court and Comptroller Tim Zorc District 3 Present Leona Adair Allen,Deputy Clerk Present DVD PACKET TIMES PAGES 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff's Office Chairman Wesley S. Davis 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA/ EMERGENCY ITEMS 9:01 ON MOTION by Commissioner Flescher, SECONDED by Commissioner a.m. O'Bryan, the Board unanimously approved the Agenda as presented. 5. PROCLAMATIONS and PRESENTATIONS 9:02 A. Presentation of Proclamation Honoring Maria Fitzgerald on Her Retirement a.m. from the Tax Collector's Office of Indian River County 1 Chairman Davis read and presented the Proclamation to Maria Fitzgerald. I Board of County Commission Minutes June 2,2015 Page 1 9:08 B. Presentation of Proclamation Designating June 21 through 27, 2015 as a.m. Amateur Radio Week 2 Vice Chairman Solari read and presented the Proclamation to Vero Beach Amateur Radio Club President Eric Larabell and club members. 9:17 C. Presentation on 2015 Atlantic Hurricane Season Outlook by Indian River a.m. County Emergency Management Director, John King and Emergency Management Coordinator, Etta LoPresti 3-8 Emergency Management Coordinator Etta LoPresti presented hurricane background, facts, challenges, and the Emergency Management's enhancements for the 2015 Atlantic Hurricane Season. 9:29 D. Presentation of Public Announcement for Hurricane Preparedness — Are you a.m. Ready? By Indian River County Solid Waste Disposal District Managing Director, Himanshu Mehta 9-11 Solid Waste Disposal District Managing Director Himanshu Mehta played a public announcement on hurricane preparedness tips, which will be aired on local radio stations. He also announced that this year's Hurricane Exposition would take place at the Indian River Mall, on Saturday, June 6, 2015, from 10:00 a.m. to 3:00 p.m. 9:31 E. Presentation on Hurricane Preparedness by Sarah Tippet Ruwe, Executive a.m. Director, Florida Coast to Heartland Chapter American Red Cross South Florida Region, and Eric Crump, Mass Care Lead for the Florida Red Cross South Florida Region --- Executive Director of the Florida Coast to Heartland Chapter of the American Red Cross South Florida Region Sarah Tippet Ruwe explained what the Red Cross does, and stressed that 94% of their efforts were through volunteers. She offered hurricane preparedness tips, and encouraged individuals to consider becoming Red Cross volunteers. 6. APPROVAL OF MINUTES 9:35 A. Regular Meeting of May 5, 2015 a.m. B. Regular Meeting of May 12, 2015 ON MOTION by Commissioner O'Bryan, SECONDED by Commissioner Zorc, the Board unanimously approved the Regular Meeting Minutes of May, 5, 2015 and May 12, 2015, as written. 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 9:36 A. Resolution# R-15-12 of the City of Sebastian Pertaining to Utility Easements a.m. 12-16 Board of County Commission Minutes June 2,2015 Page 2 B. 43rd Avenue Funding for Right-of-Way Acquisition (memorandum dated May 27, 2015) 17-19 Noted for the record was the e-mail response from the City of Vero Beach declining the County's request to use their Optional Sales Tax to fund a share of the local match for the SR-60 and 43rd Avenue right-of-way acquisition for intersection improvements. C. Letter of Concurrence for Indian River County Historical Society, Inc. Grant Application for Firefighter Lookout Display and Park (letter dated May 22, 2015) 20 8. CONSENT AGENDA ON MOTION by Commissioner Flescher, SECONDED by Commissioner O'Bryan, the Board unanimously approved the Consent Agenda, pulling items 8.L. and 8.M. for discussion or comment. 9:36 A. Approval of Warrants—May 7, 2015 to May 14, 2015 a.m. (memorandum dated May 14, 2015) 21-28 Approved the list of warrants (checks) and wires as supplied by the Comptroller's Office. B. Approval of Warrants—May 15, 2015 to May 21, 2015 (memorandum dated May 21, 2015) 29-35 Approved the list of warrants (checks) and wires as supplied by the Comptroller's office. C. Out of County Travel to attend Florida Shore and Beach Conference (memorandum dated May 26, 2015) 36-37 Approved out of County travel for Commissioners and staff to attend the Florida Shore and Beach Preservation Association Conference, from September 23 to 25, 2015, in Duck Key, FL. D. Resolution Formally Designating a Portion of County Owned Property Along 26th Street and 52nd Avenue as Right-of-Way (memorandum dated May 21, 2015) 38-45 Approved Resolution 2015-066, formally designating certain County owned property for right-of-way, and directing the Property Appraiser to cut out the property designated as right-of-way from the parent parcel (Lot 1, Block B of Dodgertown Subdivision, recorded in Plat Book 3, Page 49, of the Public Records of Indian River County, Florida). E. Wild Turkey Sand Mine — Second Phase, Cash Deposit and Escrow Agreements for Compliance and Restoration (memorandum dated May 26, 2015) 46-56 Approved and authorized the Chairman to execute the Cash Deposit and Escrow Agreement for Compliance, and the Cash Deposit and Escrow Board of County Commission Minutes June 2,2015 Page 3 Agreement for Restoration, both with Wild Turkey Estates of Vero., LLC, regarding the transfer from Phase 1 to the second phase. F. Resolutions Canceling Taxes on Properties Purchased for Public Purpose (memorandum dated May 22, 2015) 57-76 Approved Resolution 2015-067, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Purchased from Ronee Susan King and Stephen Allan Block, for 26th Street right-of-way) Approved Resolution 2015-068, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Purchased from Stephen Savage and Vicky F. Savage, for 26th Street and 52"d Avenue right-of-way) Approved Resolution 2015-069, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Purchased from B. Anders Nyquist, as Trustee of the unrecorded Nyquist Trust#2 under Agreement, dated July 22, 1992, for S.R. 510 right-of-way) G. Work Order No. 5, Kimley-Horn & Associates, Inc., 37th Street (US1 to Indian River Boulevard) 5-Laning, IRC Project No. 1230 (memorandum dated May 12, 2015) 77-83 Approved and authorized the Chairman to execute Work Order No. 5 to Kimley-Horn and Associates, Inc., authorizing the professional services outlined in the Scope of Services, for a lump sum amount of$199,500.00. H. Consideration to Approve a Cost-Share Agreement with the St. Johns River Water Management District for Repair/Plugging of Abandoned Artesian Wells (memorandum dated May 26, 2015) 84-98 Approved and authorized the Chairman to execute the Countywide abandoned flow well plugging Cost Sharing Agreement with the St. Johns River Water Management District. Miscellaneous Budget Amendment 016 (memorandum dated May 26, 2015) 99-104 Approved Resolution 2015-070, amending the Fiscal Year 2014-2015 Budget. J. Work Order No. 2 with Atkins — West Regional WWTP 2015/2016 Permit Renewal (memorandum dated May 15, 2015) 105-111 Approved and authorized the Chairman to execute Work Order No. 2 West Regional Wastewater Treatment Facility (WWTF) 2015-2016 Permit Renewal, for continued professional services with Atkins North America, Inc., for the lump sum amount of$37,128.00. Board of County Commission Minutes June 2,2015 Page 4 K. Indian River Medical Center Health and Wellness Center— Developer Agreement for Developer Contributions to Roadway Improvements on 37th Street (memorandum dated May 15, 2015) 112-119 Approved the Developer's Agreement with Indian River Memorial Hospital, Inc. 9:36 L. Answer to Lawsuit on Blue Cypress Lake Stilt Houses a.m. (memorandum dated May 27, 2015) 120-127 Chairman Davis pulled this item to clarify whether there was a hearing scheduled for today on this issue. Deputy County Attorney Bill DeBraal was unaware of any hearing scheduled for today. He reported that June 4th was the deadline to file an Answer with the Courts. He said he would check the Court Docket during break to see if anything had been filed. Chairman Davis requested that this item be heard under Item 13., County Attorney Matters. 9:39 M. Children's Services $200,000 Funding Match Update — Fiscal Year 2015-2016 a.m. Allocation (memorandum dated May 27, 2015) 128-129 Commissioner Zorc provided an update on the matching funds and private donations received for Children's Services. He also thanked individuals for their involvement and support. Vice Chairman Solari did not support this item because he believed the people who earn the money are smart enough to decide which charities to give to,without the government's help. ON MOTION by Commissioner Zorc, SECONDED by Commissioner Flescher, the Board by a 4-1 vote (Vice Chairman Solari opposed), approved a final funding allocation of $851,965 ($651,965 based plus $200,000 match) for Children's Services, for Fiscal Year 2015-2016, based upon the $228,500 raised through the Funder's Forum Children's Services Advisory Committee (CSAC) Match Group. This is contingent upon final documentation of the deposit of$200,000 in the United Way fund. 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS Board of County Commission Minutes June 2,2015 Page 5 9:41 1. Consideration of Proposed Amendments to the CH, IL, and IG Maximum a.m. Building Coverage Regulations Chapter 911 (memorandum dated May 19, 2015) 130-142 Legislative PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Community Development Director Stan Boling presented the request of MBV Engineering, Inc. to increase the maximum building coverage requirements for single-story warehouse and industrial buildings within the Heavy Commercial (CH) zoning district from 40% to 50%. After review and discussion, staff drafted a proposed ordinance that would also include Light Industrial (IL) and General Industrial (IG) zoning districts. He explained how the proposed Ordinance would allow 50% building coverage provided all other Land Development Regulation (LDR) criteria were met, and would accommodate more single-story warehouses. He also noted that the Planning & Zoning Commission (P&Z) supported the proposed changes. Commissioners sought further details from staff and voiced their support for the proposed amendments to Chapter 911 of the LDRs. The Chairman opened the public hearing. Bob Johnson, Coral Wind Subdivision, questioned if this was a specific or Countywide change. Staff informed Mr. Johnson that there were certain locations where this type of flexibility would apply - where there was heavy commercial and industrial development in the unincorporated areas of the County, and some sites on Oslo Road. There being no other speakers, the Chairman closed the public hearing. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc, the Board unanimously adopted Ordinance 2015-005, concerning amendments to its Land Development Regulations (LDRS); providing for amendments to Chapter 911, Zoning; by amending Section 911.10, Commercial Districts Sub Section (7) Size and Dimension Criteria; by amending Section 911.11 Industrial Districts Sub Section (8) Size and Dimension Criteria; and by providing for repeal of conflicting provisions; codification; severability; and effective date. Board of County Commission Minutes June 2,2015 Page 6 9:53 2. Second Public Hearing to Receive Public Comments for the a.m. Neighborhood Revitalization (NR) Community Development Block Grant (CDBG) (memorandum dated May 18, 2015) 143-186 Legislative PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. Director of Utility Services Vincent Burke recalled that the first Public Hearing was held on December 16, 2014, where the Board authorized staff to move forward with the application process for a new Community Development Block Grant (CDBG). He said the proposed Neighborhood Revitalization CDBG application would serve: (1) the West Wabasso Sewer Phase II Project in the areas of 84th Place, 84th Street, 64th Avenue, 63rd Court, 63rd Avenue, and 62"d Avenue south of CR 510; and (2) the East Gifford Area Drainage Project in the area between 28th Avenue and Old Dixie Highway south of 43rd Street along 43rd Street, 42nd Place, 42"d Street, 27th Avenue, 26th Avenue, 25th Avenue, 24th Court, and 24th Avenue. He pointed out that the West Wabasso Sewer Project would address health and safety issues, and the East Gifford Drainage Project would alleviate drainage problems. The Chairman opened the public hearing. James Hagen, Jr., 6345 84th Place, Secretary of the West Wabasso Progressive Civic League, questioned where his tax dollars were spent. He had asked the County numerous times to take 84th Place through to 63" Court so he would have better drainage, police would have better access, and drug dealing would be discouraged. Administrator Baird informed Mr. Hagen that drug dealing was a law enforcement issue that needs to be addressed by the Sheriff's office. Public Works Director Chris Mora confirmed there was a Wabasso Streetlight District, and staff would review the location to see if it would be a candidate for a street light. Mr. Hagen said he had spoken to individuals at the Sheriff's office and was informed that if the road were to be opened, it would give the police more access to the area, and their presence would discourage drug dealing. Chairman Davis explained for Mr. Hagen how his tax dollars are broken down and spent. Board of County Commission Minutes June 2,2015 Page 7 Commissioner Flescher said he would look into the roadway situation. The following individuals conveyed their support for the projects: Julianne Price, Department of Health Joe Idlette, 4570 57th Avenue William Rigby, 8465 59th Avenue There being no other speakers, the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to: (1) approve Resolution 2015-071, declaring the Community Development Block Grant (CDBG) Program to be a workable program for providing improvements for low-to-moderate income households; authorizing the filing of an application, and all necessary application materials, to the Florida Department of Economic Opportunity for approval of the Indian River County CDBG; authorizing local revenues as CDBG leverage; fording the CDBG Application consistent with the Comprehensive Plan, which shall serve as the CDBG Development Plan; and providing an effective date; (2) authorize the Chairman to execute Page 33 of the draft DEO Florida Small Cities Community Development Block Grant (CDBG) Application for Funding; and (3) approve other funding sources to cover the deficit contingent upon successful grant award. Commissioner O'Bryan aired concerns about the reliance on the optional sales tax for the local funding match, and questioned if this should go out for a referendum to reinstitute/extend the one-cent optional sales tax. He felt the Board should introduce an educational strategy to show the community how the one-cent optional sales tax had been used for infrastructure projects. He wanted staff to bring this back to the Board as an Agenda item for further discussion. The Chairman CALLED THE QUESTION and the Motion carried unanimously. B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be limited to matters on which the commission may take action.) 10:25 1. Request to Speak from Patricia Hunt Regarding New Public Cameras in a.m. Public Building, Documented, Etc. 187 Board of County Commission Minutes June 2,2015 Page 8 Patricia Hunt, P.O. Box 442, Roseland, conveyed her support for the new security cameras that were purchased for the Courthouse. She had wanted the cameras to be installed, so they would record the Clerk's employees while they handle paper files. She requested the Board provide her with an answer (within 30 days) on where the cameras were placed. She also voiced concerns over the rights and eviction of disabled veteran Jerry R. Castle. C. PUBLIC NOTICE ITEMS 10:42 1. Notice of Scheduled Public Hearing June 9, 2015: a.m. To Consider Amending Chapter 300 (Alcoholic Beverages) of the Indian River County Code to Remove the Sunset Provision and Thereby Allow the Sale, Service and Consumption of Alcoholic Beverages Until 2:00 A.M. (memorandum dated May 20, 2015) Legislative 188 2. Notice of Scheduled Public Hearing June 23, 2015: To Discuss Proposed Use for the Grant Funds Received by the Indian River County Sheriffs Office through the FY 2015 Edward Byrne Memorial Justice Assistance Grant Formula Program: Local Solicitation (letter dated May 26, 2015) Administrative 189-196 County Attorney Dylan Reingold read the Notices into the record. The Chairman called for a break at 10:43 a.m., and reconvened the meeting at 10:53 a.m., with all members present. 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development None B. Emergency Services None C. General Services None Board of County Commission Minutes June 2,2015 Page 9 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 10:53 1. Department of the Army Feasibility Cost Share Agreement Sector 5 — a.m. Federal Shore Protection Project (memorandum dated May 27, 2015) 197-223 Coastal Engineer James Gray provided a brief history of the Sector 5 Beach Project; he reported that the U.S. Army Corps of Engineers (USACE) currently had a backlog of shoreline protection projects and was considering removing the Sector 5 Beach Project for a Feasibility Study or removal from their list. He revealed that the study would be in the form of a General Reevaluation Report (GRR) that would cost about $3,000,000. He presented two alternatives for the Board to consider: (1) abandon the Feasibility Cost Share Agreement with the U.S. Army Corps of Engineers (USACE), or (2) execute the Feasibility Cost Share Agreement with USACE and proceed forward with the General Reevaluation Report Study. He said staff and the Beach and Shores Advisory Committee recommended abandoning the Feasibility Cost Share Agreement with USACE. MOTION WAS MADE by Commissioner O'Bryan, SECONDED by Vice Chairman Solari, to abandon the Feasibility Cost Share Agreement with the U.S. Army Corps of Engineers (USACE). Commissioner O'Bryan believed there was a lot of sand that would eventually work its way south and provide benefit to Sector 5. He felt the cost and impact to the hard bottom was unacceptable. Board of County Commission Minutes June 2,2015 Page 10 Tuck Ferrell, North Beach Civic Association, and member of the Beach Committee, supported the Board's decision. The Board briefly discussed Federally funded projects. The Chairman CALLED THE QUESTION and the Motion carried unanimously. G. Utilities Services None 13. COUNTY ATTORNEY MATTERS A. Agriculture Advisory Committee Appointment (memorandum dated May 14, 2015) 224-231 11:20 Attorney Reingold requested the Board review the resume and application of a.m. Stephen Popyach, and determine whether to appoint him to the Agriculture Advisory Committee as the Associate Industry representative. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Zorc, the Board unanimously appointed Stephen Popyach to fill the unexpired term for the "Associated Industry" representative to the Agriculture Advisory Committee. B. Fertilizer Enforcement Interlocal Agreements (memorandum dated May 14, 2015) 232-241 11:22 Attorney Reingold recalled that in 2013, the Board adopted the Indian River a.m. County Fertilizer and Landscape Management Ordinance, and at the same time the Town of Indian River Shores (Town) and the City of Vero Beach (City) enacted similar fertilizer enforcement ordinances. Thereafter, the Board established a position within the Public Works Department that would be responsible for enforcing the Fertilizer Ordinance. The Town and the City did not establish enforcement positions, and are now asking if the County's Fertilizer Enforcement Officer could assist in education and enforcement of their Fertilizer Ordinances. Based upon earlier discussions with the representatives of the Town and the City, Attorney Reingold's office drafted an Interlocal Agreement which he presented for the Board's review. A brief discussion ensued regarding the hourly rate with benefits; the General and Administrative Account (G&A) charges; and reaching out to Sebastian and Fellsmere. Board of County Commission Minutes June 2,2015 Page 11 MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to approve the Fertilizer Regulation Enforcement Interlocal Agreements with the Town of Indian River Shores and the City of Vero Beach; and directing staff to reach out to Sebastian and Fellsmere for their feedback/evaluation. Commissioner O'Bryan pointed out that this is a one-year contract, and in October, there could be a cost of living adjustment increase. The Chairman CALLED THE QUESTION and the Motion carried unanimously. MOTION WAS MADE by Commissioner Flescher, SECONDED by Vice Chairman Solari, to approve out of County travel for Commissioners and staff to attend the Florida Development Finance Corporation meeting in Orlando, on June 10, 2015. Phyllis Frey, 275 Date Palm Road, encouraged the public and Commissioners to attend the Florida Development Finance Corporation meeting, and emphasized that this would be the last chance to voice their objections to All Aboard Florida. Vice Chairman Solari voiced his disappointment regarding the short notice for the meeting. The Chairman CALLED THE QUESTION and the Motion carried unanimously. Clerk's Note: Attorney Reingold announced the Florida Development Finance Corporation (FDFC) meeting on June 10, 2015, at 3:00 p.m., in Orlando, to consider adopting a resolution to authorize the issuance of bonds to finance the project and other related items pertaining to All Aboard Florida (AAF). 14. COMMISSIONERS MATTERS A. Commissioner Wesley S. Davis, Chairman None B. Commissioner Bob Solari, Vice Chairman 1. Short-Term Rentals (memorandum dated May 26, 2015) 242-247 11:33 Vice Chairman Solari asked fellow Commissioners if they had an a.m. interest in establishing a Short-Term Rental Committee to look at short-term rentals in Indian River County. The committee would make recommendations that would go through the Planning and Board of County Commission Minutes June 2,2015 Page 12 Zoning Commission and the Board of County Commissioners for actions deemed necessary. He also wanted the committee to be sunsetted when the work was completed, but no later than one year from the formation date. MOTION WAS MADE by Vice Chairman Solari, SECONDED by Commissioner Zorc, to establish a short-term rental committee that would sunset after the work is completed, but no later than one year from the formation date; and direct the County Attorney and Director of Community Development to create the necessary paperwork, with an anticipated start date of September 2015. A brief discussion ensued on whether there would be geographic restrictions on committee appointees. Commissioner O'Bryan suggested one of the committee's tasks should include obtaining a report from Code Enforcement regarding how many code cases are being received that relates to "neighbor versus neighbor." The Chairman CALLED THE QUESTION and the Motion carried unanimously. C. Commissioner Joseph E. Flescher None D. Commissioner Peter D. O'Bryan 1. Go Solar Florida Resolution (memorandum dated May 26, 2015) 248-251 11:42 Commissioner O'Bryan questioned whether the Board was interested a.m. in adopting the sample Resolution of Support for Solar Photovoltaic Energy and the Florida Solar Financing Action Plan, which promotes rooftop solar in Florida. The Board briefly discussed why they did not support the Resolution. E. Commissioner Tim Zorc None 15. SPECIAL DISTRICTS AND BOARDS The Board reconvened as the Board of Commissioners of the Emergency Services District. Those Minutes are available separately. Board of County Commission Minutes June 2,2015 Page 13 A. Emergency Services District 1. Approval of Minutes Meeting of May 12, 2015 2. Approval Conceptual Temporary Site for Fire Station 7 (memorandum dated May 21, 2015) 252-259 B. Solid Waste Disposal District None C. Environmental Control Board None 16. ADJOURNMENT There being no further business, the Chairman declared the meeting adjourned at 11:58 a.m. ATTEST: 41195(11a4t— _./ /:...- i��5•.••.. ...••••.d•. i •C •.D i Jeffrey R. Smith, CPA, CGFO, CGMA Wesley S. Davis, Chairman pi ' :cm lel Clerk of Circuit Court and Comptro's/ al...: 1'. V.: VA B • _ , 9. !/ Approved: JUN 2 3 2015 '<'s••• •c�`�vi Deputy.%' -r -.... INDtANR•• BCC/LA/2015Minutes I Board of County Commission Minutes June 2,2015 Page 14