HomeMy WebLinkAbout04/05/2016COUNTY COMMISSIONERS DISTRICT
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
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
REGULAR MEETING MINUTES
TUESDAY, APRIL 5, 2016
Commission Chambers
Indian River County Administration Complex
180127 1h Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
Present Joseph A. Baird, County Administrator Present
Present Dylan Reingold, County Attorney Present
Present Jeffrey R. Smith, Clerk of the Circuit Present
Present Court and Comptroller
Present Maureen Gelfo, Deputy Clerk Present
DVD PACKET
TIMES PAGES
1. CALL TO ORDER 9:00 A.M.
2. INVOCATION Deputy Teddy Floyd, IRC Sheriff Department
3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
I
9:01 ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman
a.m. Flescher, the Board unanimously approved the agenda as presented.
5. PROCLAMATIONS and PRESENTATIONS
9:02 A. Presentation of Proclamations Designating the Month of April 2016 as Child
Abuse Prevention Month
a.m. 1 -2 -
Commissioner Davis read and presented the -first Proclamation to Chris
Pensch, President, Exchange Club of Indian River, and Kathie Cain,
Executive Director of Indian River County Healthy Start. Members of
both organizations accompanied Mr. Pensch and Ms. Cain.
Board of County Commission Minutes Page 1
April 5, 2016
Commissioner Zorc read and presented the second Proclamation to
Paul D. Sexton, President/CEO of Hibiscus Children's Center.
9:14 B. Presentation of Proclamation Designating the Month of April 2016, as
a.m. Volunteer Appreciation Month
3
--- ----------------------------------------------------------------------------------------------------------------
Commissioner O'Bryan read and presented the Proclamation to
Sabrina Seme, AmeriCorps Program Associate, and four AmeriCorps
volunteers.
9:20 C. Presentation of Proclamation Designating April 10 through April 15, 2016 as
a.m. Crime Victims' Rights Week
4
--------------------------------------------------------------------------------------------------------------------
Vice Chairman Flescher read and presented the Proclamation to Paul
Zelno, Indian River County Victims' Rights Coalition Chairman; and
Laura Saputo and Mariam Cortes Salome, Victims' Advocates from the
Indian River County Sheriffs Office.
Commissioner Davis also recognized three volunteers who were in
attendance: Captain Dick Lutteman; Sergeant BJ McClure; and
Corporal Don Chambers, from the Indian River County Sheriffs
Office.
9:26 D. Presentation of Proclamation Designating April 1 through April 30, 2016 as
a.m. Water Conservation Month in Indian River County
5
-------------------- ----------------------------------------------------------------------------------------------
Chairman Solari read and presented the Proclamation to Director of
Utilities Vincent Burke, who discussed water conservation, and invited
everyone to take the St. Johns River Water Management District's
pledge to conserve water at htty:Hvvvvw.sirwmd.com/waterpled2e.htmi.
6. APPROVAL OF MINUTES
A. Regular Meeting of March 1, 2016
9:34 ON MOTION by Vice Chairman Flescher, SECONDED by
a.m. Commissioner Zorc, the Board unanimously approved the Regular
Meeting Minutes of March 1, 2016, as written.
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Resignation of Citizen Advocate Representative to the Transportation
Disadvantaged Local Coordinating Board (TDLCB)
(memorandum - dated arch 21, 2016)-------------------------------------------------------------- 6-
--------------------------
M
Noted for the record was the resignation of Cookie Geyer.
Board of County Commission Mortes Page 2
April 5, 2016
B. Update on All Aboard FloridaNero Electric Expenses
(memorandum dated March 29 2016) _____________________________________________ 7-1-1--
C. 2016-2017 State Legislative Final Report
(memorandum dated March 30, 2016) 12-26
--------------------------------------------------------------------------------------------------------------------
9:34 D. Proclamation Celebrating the Golden Grads of VBHS
a.m.
27
--------------------------------------------------------------------------------------------------------------------
Commissioner Davis provided details on the Golden Grads of VBHS
picnic, which will be held at the Indian River Fairgrounds on Saturday,
April 9, 2016, from 9:00 a.m. to 5:00 p.m.
8. CONSENT AGENDA
9:35
ON MOTION by Vice Chairman Flescher, SECONDED by Commissioner
a.m. O'Bryan, the Board unanimously approved the Consent Agenda, as presented.
A. Approval of Checks and Electronic Payments March 11, 2016 to March 17,
2016
(memorandum dated March 17, 2016) 28-35
--------------------------------------------------------------------------------------------------------------------
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
B. Approval of Checks and Electronic Payments March 18, 2016 to March 24,
2016
(memorandum--M--dated arch 24, 2016) 36-44
----------------------------------------------------------------------------------------------------------------
Approved the list of checks and electronic payments as supplied by the
Comptroller's office.
C. Approval of Final Ranking of Respondents — RFP 2016015 — Disaster
Debris Removal and Disposal
(memorandum dated March 28 2016) ________________________________________________________ 4 -5 -4 -7 --
Approved the Selection Committee's final ranking and authorized
negotiations with Ceres Environmental Services and AshBritt
Environmental, and should negotiations with the top ranked firms fail,
with the subsequently ranked firms: Crowder Gulf; DRC Emergency
Services; J.B. Coxwell Contracting, Inc.; D&J Enterprises, Inc.; TFR
Enterprises; Phillips & Jordan; Bergeron Emergency; KaiserKane,
Inc.; Grubbs Emergency Services; and Asplundh.
D. Multi -Agency Criminal Enforcement Unit (M.A.C.E.) Project Generated
Income (PGI) Miscellaneous Budget Amendment 015
(m-emorandum-dated arch 29, 2016) ________________________________________________________ 48-57
-------------------------
M
Approved the utilization of Project Generated Income totaling
$5,614.68; and approved Resolution 2016-028, amending the Fiscal Year
2015-2016 Budget.
Board of County Commission Minutes Page 3
April 5, 2016
E. I In re Municipal Derivatives Antitrust Litigation Class Action Lawsuit
-(memorandum dated arch 30, 2016) -----------------------------M-----------------------------------------------------------------------------58-78---------
Voted to stay in the Class Action Lawsuit regarding the sale of
municipal derivatives by George K. Baum & Company; National
Westminster Bank PLC; Natixis Funding Corporation; Piper Jaffray &
Company; Societe Generale SA; and UBS AG and file a claim, if
eligible.
F. Request for Approval of the First Extension to Agreement with Integrity
Lawns LLC for the Beach Parks Mowing and Grounds Maintenance
(memorandum - dated March -22, 2016)
----------------------------M----------------------------------------------------------------------------79-82---------
Approved and authorized the Chairman to execute the First Extension
to the Agreement with Integrity Lawn LLC.
G. Request for Approval of the First Extension to Agreement with C.E.R.
Signature Cleaning for Beach Parks Custodial Services
(memorandum dated March 22, 2016) 83-86
--------------------------------------------------------------------------------------------------------------------
Approved and authorized the Chairman to execute the First Extension
to the Agreement with C.E.R. Signature Cleaning, LLC.
H. Vero Beach Air Show
(memorandum dated March 31, 2016) 87
--------------------------------------------------------------------------------------------------------------------
Authorized the temporary move of the Go -Line Bus Hub to its old
location in the County Administration Complex south parking lot, and
the use of the County Administration Complex Parking lots for the Vero
Beach Air Show park and ride.
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Indian River Countv Sheriff Deryl Loar
9:35 1. Application for a 2016-2017 Victims of Crime Act (VOCA)
a.m. Grant
(letter dated March -1-51-2-01-6) ------------------------------------------------------ 88_131ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Davis, the Board unanimously authorized the
Sheriffs Office to apply for the Victims of Crime Act (VOCA)
Grant, in the amount of $90,556.
Sheriff Deryl Loar informed the Board that the funding was
solid for the position of the victim advocates, Laura Saputo
and Mariam Cortes Salome, who appeared before the Board
under Item 5.C.
9:36 2. Application for a 2016-2019 Department of Homeland Security
a.m. Operation Stonegarden Grant
(letter -dated March 30,_2016)----------------------------------------------------- 132-139
ON MOTION by Vice Chairman Flescher, SECONDED by
Board of County Commission Minutes Page 4
April 5, 2016
-------------------------------------------------------------------------------------------------------
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 $86,924.41.
10. PUBLIC ITEMS
I
A. PUBLIC HEARINGS
9:36 1. County Initiated Request to Amend the Text of the Potable
a.m.
Water and Sanitary Sewer Sub -elements of the County's
Comprehensive Plan
(memorandum dated March 24, 2016) 140-167
--------------------------------------------------------------------------------------------------
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, through a
PowerPoint Presentation, provided background on the
proposed Comprehensive Plan Text Amendment to the
County's Potable Water Policy, Section 5.7, and the
Sanitary Sewer Policy, Section 5.8. He recalled the
Board's direction at its October 13, 2015 meeting for staff
to amend connection policies, and noted that under certain
conditions, the proposed revision would allow Places of
Worship or Camp/Retreat Facilities that lie outside of the
Urban Service Area to be connected to centralized water
and sewer service for potable water and fire protection.
Director Boling advised that if the Board adopts the
proposed policy amendment, two existing entities located
along 12`h Street, west of 58 Avenue (Cornerstone Church
and Epic Missions) would be allowed to connect, provided
they file for a utility connection permit by June 30, 2016.
In response to questions, staff advised that the applicants
would be responsible for all connection costs.
Commissioner Zorc spoke to the environmental benefits of
eliminating the septic systems of the applicants.
The Chairman opened the Public Hearing.
Carter Taylor, 2235 Silver Sands Court, representing the
Indian River Neighborhood Association, was supportive of
finding a way to provide utility services to the applicants.
However, he was concerned that the proposed
Comprehensive Plan Amendment might establish a
precedent to extend utility services beyond the Urban
i
Service Area.
Board of County Commission Minutes Page 5
April 5, 2016
There were no additional speakers; the Chairman closed
the public hearing.
Vice Chairman Flescher sought and received confirmation
that this proposal would not expand the Urban Service
Area.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Davis, to adopt Ordinance
2016-003, amending the text of Policy 5.7 of the Potable
Water Sub -Element and Policy 5.8 of the Sanitary Sewer
Sub -Element of the County's Comprehensive Plan; and
providing codification, severability, and effective date.
Chairman Solari declared that in accordance with his
stance at the October 13, 2015 County Commission
Meeting, he would be opposing the Comprehensive Plan
Amendment.
Commissioner O'Bryan expressed concerns about setting
a precedent where other entities beyond the Urban Service
Area would request water in the guise of fire protection.
He also mentioned that fire protection services were
designed for areas within the Urban Service Area.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners O'Bryan and Solari opposed), the
Motion carried.
9:55 2. Continued Public Hearing for MPM Seven, LP Request to
a.m. Rezone ±12.39 Acres from CL to CH and Request to Rezone
±2.79 Acres from RMH-6 to CL (Appeal of Planning and
Zoning Commission Denial)
(memorandum dated -March -30, 2016) ------------------------------------- 168-243
------
Qasi Judicial -u-------------------------------------------------------------------------------------------
Proof of Publication of Advertisement for Hearing is on file in
the Office of the Clerk to the Board
Chairman Solari announced that this item was a Quasi -
Judicial proceeding and described the requirements of the
law.
Chairman Solari requested and received disclosure of ex
parte communications, site visits, and/or independent
investigations from each Commissioner; they also
disclosed their entails and letters (unread), and presented
them to the Clerk for the record. Each Commissioner
affirmed that he has an open mind and will base his
Board of County Commission Minutes Page 6
April 5, 20161
decision on the evidence presented and applicable law.
The Deputy Clerk administered the Oath to all persons
who wished to speak at the hearing.
Director Boling announced that this matter is a
continuation of a public hearing that was held on March 1,
2016, regarding MPM Seven LP's (MPM's) appeal of the
Planning and Zoning Commission's denial of its request to
rezone two properties located east of Old Dixie Highway,
north of 77` Street, and west of U.S. Highway 1. He used
a PowerPoint Presentation to provide details and an in-
depth analysis on MPM's proposal to rezone ±2.79 acres
from Residential Mobile Home District — up to 6 units per
acre (RMH6) to Limited Commercial (CL), and ±12.39
acres from CL to Heavy Commercial (CH). He disclosed
that in response to the concerns expressed by the residents
of Palm Paradise Mobile Home Park (Palm Paradise),
MPM has recorded voluntary use restrictions, including
the elimination of machine shops, on the subject
properties. He noted that the property uses must also
conform to the Wabasso Corridor Regulations, and that
any future land use changes would have to be approved by
80% of the Board. Director Boling thereafter gave staff's
recommendation for the Board to adopt the proposed
rezoning Ordinance.
A brief discussion ensued regarding the non -conforming
property, Palm Paradise, which is currently zoned RMH-6
and has been grandfathered in. Palm Paradise borders
the parcel proposed to be rezoned to CL.
Bruce Barkett, Esq., representing MPM, stated that the
applicant, after meeting with the Palm Paradise residents,
had eliminated all of the uses the neighbors had objections
to. He also disclosed that one additional use, for machine
shops, was subsequently eliminated.
The Chairman called a recess at 10:16 a.m., and
reconvened the meeting at 10:30 a.m., with all members
present.
The Chairman opened the Public Hearing.
Board of County Commission Minutes Page 7
April 5, 2016
Beverly Lamb, Palm Paradise, expressed concerns about
the proximity of her bedroom to the buffer (wall) that the
applicant would be required to build, and about
stormwater draining onto her property.
Director Boling discussed the buffering requirements for
MPM, and assured Ms. Lamb that the stormwater must be
contained on the applicant's site.
Bill Brehm, 7945 U.S. Highway 1, owner of Palm Paradise,
stated that based on the land uses that were withdrawn by
the applicant, the residents no longer object to the
rezoning request. However, he acknowledged that his
residents would still be losing some access to wooded
property.
Commissioner O'Bryan expressed concerns with regards
to the longevity of the mobile home park due to its current
grandfathered land use, and the possibility that residents
might not want to be in such close proximity to the
applicant's property.
Vice Chairman Flescher reiterated that the non-
conforming RMH-6 zoning at the Palm Paradise site was
totally legal, but would not be allowed with current
regulations.
Warren Dill, Esq., 1565 US 1; Sebastian; representing Mr.
Brehm, wanted to make sure that County staff provides
notice to the neighboring residents if any future changes
are proposed to the zoning of the subject properties.
The following residents spoke in opposition to the rezoning
request:
• Dr. Patrick Hoy, 4225 791h Street, Hobart Landing,
who also presented a petition against the rezoning
(copy on file).
• Bob Greason, 4226 791h Street, Hobart Landing
• John Woods, Hobart Landing, 3575 Martha's Lane
• Sylvia Larsen (whose grandfather and uncle
developed Hobart's Landing)
• Glen Burr, 4215 791h Street
• Bill Donaldson, 3545 Martha's Lane
Board of County Commission Minutes Page 8
April 5, 2016
A brief discussion ensued regarding the various uses
allowed in CL and CH zoned properties.
Attorney Barkett disclosed the applicant's plans to use the
CH property to store collector vehicles if the rezoning is
approved.
George Gentile, Professional Landscape Architect, and
Fellow of the American Society of Landscape Architects,
on behalf of MPM Seven, LLC, gave a PowerPoint
Presentation (copy on file) in support of the rezoning. He
disclosed that the proposed facility would be similar to
Dream Cars in West Palm Beach, and that it could also
become a venue for cultural events.
Commissioner O'Bryan refuted comments made earlier
that MPM's use of the proposed property was basically
identical to CL, with one exception. He observed that
fourteen CH uses would remain if the rezoning request is
approved, and that the proposed CH zoning is
incompatible with the existing residential area.
There were no additional speakers; the Chairman closed
the Public Hearing.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Solari, to DENY the rezoning
request.
Commissioner Davis stated that he did not consider the
CH, with the deed restrictions, to be incompatible with the
surrounding areas.
Chairman Solari was not opposed to the collector car
facility; however, he did not want to set a precedent for
other entities to request a change from CL to CH zoning.
The Chairman CALLED THE QUESTION, and by a 2-3
vote (Commissioners Davis, Flescher, and Zorc opposed),
the Motion failed.
Board of County Commission Minutes Page 9
April 5, 2016
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Flescher, by a 3-2 vote (Commissioners
O'Bryan and Solari opposed), the Board adopted
Ordinance 2016-004, amending the Zoning Ordinance and
the accompanying Zoning Map for ±12.39 acres located
east of Old Dixie Highway, north of 77`h Street and west of
US Highway 1, from CL, Limited Commercial District, to
CH, Heavy Commercial District; and ±2.79 acres located
approximately 1,450 feet north of 77`h Street, east of Old
Dixie Highway and west of US Highway 1, from RMH-6,
Residential Mobile Home District (up to 6 units/acre), to
CL, Limited Commercial District; and providing
codification, severability, and effective date; with the
caveat to notify the neighboring property owners should
any further changes be proposed.
The Chairman called a recess at 12:21 p.m., and
reconvened the meeting at 12:52 p.m., with all members
present.
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
12:53 A., Community Development
p.m.
1. Revised Emergency Services Condition for FPL Okeechobee
County Power Plant Agency Report
__(back-up to berovided later ----
-------'--------------------------------------------------------------------------------
Director of Community Development Stan Boling used a
PowerPoint Presentation to update the Board on Florida
Power and Light's (FPL) proposed new combined cycle
natural gas fired generating unit (power plant), which will be
known as the Okeechobee Clean Energy Center (OCEC). He
recalled the Board's direction on March 223 2016 for staff to
revise the Indian River County Agency Report for the
certification application for the OCEC, and reviewed the
following amendments to Section 3 Emergency Services
Board of County Commission Minutes Page 10
April 5, 2016
(summarized below):
(1) Paragraph 3.b.
FPL shall make a one-time payment of up to $90,000 to the
County for emergency services provided under the County's
Mutual Aid Agreement with Okeechobee County;
(2) Paragraph 3.c.
FPL will fund up to $200,000 for expenses associated with
County staff becoming familiar with the Project, and
obtaining any training deemed necessary by the County.
Director Boling advised that the letter to the Florida
Department of Environmental Protection (FDEP), which
constitutes the Agency Report, must be sent no later than
Wednesday, April 6, 2016.
MOTION WAS MADE by Commissioner Zorc,
SECONDED by Commissioner O'Bryan, to authorize staff to
send the amended Indian River County Agency Report for
the Certification Application for the Florida Power & Light
Okeechobee Clean Energy Center, to the Florida
Department of Environmental Protection.
Vice Chairman Flescher voiced concerns about having
enough emergency staff to respond within the County,
should a major incident occur at the OCEC. He stated that
in light of the tax revenues that Okeechobee County will
receive from the plant, they should be able to expand their
emergency services.
Director King advised that he has spoken with the
Okeechobee County Emergency Services staff; both Counties
are trying to grow their services.
Chairman Solari requested that the County Administrator
return to the Board in six months with an update on the
County's Mutual Aid Agreement with Okeechobee County.
Board of County Commission Minutes Page 11
April 5, 2016
Bob Johnson, Coral Wind Subdivision, asked which Fire
Stations would provide the service to the OCEC.
Director King stated that Fire Stations No. 7 and No. 10
(Fellsmere) would be the responding stations.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously.
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
None
F.
Public Works
1:34
1. Stormwater Park on Newly Purchased County Property East of
p.m.
Osprey Marsh
(memorandum dated March 24, 2016)____________________________________ 244-246
---------------------------
(Clerk's Note: This item was heard following Item 12.G. I.
and is placed here for continuity).
Director of Public Works Chris Mora recalled the Board's
purchase of property located at 925 51h Street SW, east of
the Osprey Marsh Treatment Facility (Osprey Marsh), for
the purpose of treating the effluent flowing from Osprey
Marsh. He stated that the property, which is proposed to
Board of County Commission Minutes Page 12
April 5, 2016
be called the Coyote Run Stormwater Park, would employ
a treatment system to remove additional nitrogen and
phosphorous from the water before it discharges into the
Lateral J-1 Canal. Director Mora announced that
Stormwater Division staff would perform most of the
engineering.
Stormwater Engineer Keith McCully provided a detailed
overview of the proposed treatment system.
Chairman Solari suggested that the Stormwater Park be
designed to allow for a future walkway; observation deck;
and shallow area to attract birds. He also advocated that
staff complete the project as soon as practicable, and
consider the Stormwater Park for future water farming.
Debra Ecker, 550 Riomar Drive, representing the Indian
River Neighborhood Association, commended the
Commissioners for being proactive in restoring the Indian
River Lagoon. She also questioned the appeal of the
proposed name (Coyote Run) for the Stormwater Park.
Commissioner Zorc recalled discussion at the February 16,
2016 meeting about a private party who had expressed
interest in potentially forming a public/private partnership
with the County, with regards to the Stormwater Park. He
reported that said individual has offered to gift the County
with research documents (such as surveys.)
Additional discussion ensued as staff spoke to the efficiency
of the Osprey Marsh Treatment Plant, and explained why
the outflow water from Osprey Marsh requires additional
treatment at the new Stormwater Park.
ON MOTION by Vice Chairman Flescher, SECONDED by
Commissioner Zorc, the Board unanimously: (1) approved
the Stormwater Division to proceed immediately with grant
application and project design tasks, including
subcontracting with necessary professionals to provide
geotechnical, environmental, and land surveying support
services; (2) allocated up to $150,000 in additional funds to
the Stormwater Division's budget to pay for the support
consultants; and (3) directed Stormwater staff to meet with
the individuals who may be interested in forming a
public/private partnership with the County relative to the
Stormwater Park, and to accept any surveys or other
documents that they have offered to give the County gratis.
Board of County Commission Minutes Page 13
April 5, 2016
1:59 2. IRC Summer Camp for a Sustainable Future
p.m. (memorandum dated March 23, 2016) 247-268
------------------------------------------
---------------------------------------------------------
Alexis Peralta, Stormwater Educator & Fertilizer
Enforcement Officer, and Stephanie Fonvielle, Solid Waste
Recycling Coordinator, reported on the proposed week-
long summer camp for sixth through eighth grade students.
They stated that the focus of the camp will be
environmental sustainability; used a PowerPoint
Presentation to provide an overview of the activities that
have been planned; and reviewed the camp budget. The
camp will be held in three sessions: from June 27 — July 1,
2016; July 11 — 15, 2016; and August 1-5, 2016, and
applications may be obtained at
Nv-vvw.ircstormwater.com/education.htm
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Zorc, the Board unanimously authorized
and approved Stormwater and Recycling staff to proceed
with the Indian River County Summer Camp for a
Sustainable Future.
A brief discussion ensued about the possibility of arranging
fieldtrips for schoolchildren to visit Egret Marsh and
Spoonbill Marsh.
ON MOTION by Vice Chairman Flescher, SECONDED by
Chairman Solari, the Board unanimously directed staff to
draft a proposal to the School Board with regards to
having one trip per month to each of the two stormwater
facilities, Egret Marsh, and Spoonbill Marsh, for eight
months during the school year, for a total of eight trips per
school year to Egret Marsh, and eight trips per school year
to Spoonbill Marsh.
Vice Chairman Flescher anticipated that there could be a
cooperative effort between the County and the School
Board to accomplish the trips.
Further discussion ensued about the possibility of the
School District providing buses for transporting the
students.
G; Utilities Services
1:10 1. Collier Creek Subdivision Phase 1 Petition Water Assessment
p.m. Project UCP 4125, Request for Authorization for the
Department of Utility Services to Proceed with Engineering 269-280
i Design Services-- and Retain Carter Associates Inc. for
Board of County Commission Minutes Page 14
April 5, 2016
Surveying Services
(memorandum dated March 28, 2016)
---------------------------------------------------------------------------------------------------
(Clerk's Note: This item was heard following Item 12.A.1,
and is placed here for continuity).
Director of Utilities Vincent Burke provided background
and analysis on the petition water assessment project
requested by the Collier Creek property owners. He
advised that approximately 72.3% of parcel owners are in
favor of the project, which would provide potable water
and fire protection to the Collier Creek Subdivision.
During discussion, Director Burke clarified that there was
no cost to the homeowners at this time. If this item is
approved by the Board, staff would return with Resolution
I to set the preliminary assessment role, and Resolution II
to set the time and place for a Public Hearing on this
matter.
The following speakers advocated for the proposed Water
Assessment Project:
• Gary Johnston, 738 Holden Avenue
• Frank Lamacchia, 722 South Easy Street
• Bob Martin, 744 Holden Avenue
• Brad Cronin, 208 Chello Avenue
• John Johnson, 747 South Easy Street
• Al Manzi, 742 Holden Avenue
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
1 with Carter Associates, Inc., as presented, for a lump
sum amount of $25,540.00; and authorized staff to move
the project to the Design Phase.
Board of Couniy Commission Minutes Page 15
April 5, 2016
13. COUNTY ATTORNEY MATTERS
2:15
A. Construction Board of Adjustment and Appeals Appointment
(memorandum dated March 23, 2016)
p.m. 281-284
------------------------------------------------------------------------------------------------------
County Attorney Dylan Reingold requested that the Board
make a determination regarding the appointment of the
qualified applicant, Robert DiPietro, Sr., for the "Electrical
Contractor" vacancy on the Construction Board of Appeals.
After having reviewed the applicant's resume and
application, the Board CONSENSUS was to appoint Robert
DiPietro, Sr. to fill the unexpired term for the "Electrical
Contractor" representative to the Construction Board of
Adjustment and Appeals.
14. COMMISSIONERS MATTERS
2:16 A. Commissioner Bob Solari, Chairman
p.m.
1. All Aboard Florida — Additional Actions
(memorandum dated March 30, 2016) 285-291
--------------------------------------------------------------------------------------------
Chairman Solari presented three measures for the
Board to consider implementing, to address various
safety concerns about All Aboard Florida which have
been expressed by the Commissioners and the public.
He provided an overview of the following initiatives:
(1) Direct staff to invite the secretary of the Florida
Department of Transportation (FDOT), Jim Boxold,
to come to the County to discuss safety issues at a
meeting with him (Chairman Solari) initially, and
then at a public meeting;
(2) Direct staff to explore the possibility of having the
appropriate Federal Agency initiate the process of
imposing speed limits on any high speed trains
running through the community (the County's ability
to limit the speed is said to have been pre-empted by
the Federal government);
(3) Direct staff to see if there is an appropriate set of
rules from which the County is not yet pre-empted,
that would be applicable to railroads that haul oil
through the State of Florida, which would include
legislation requiring disclosure of financial
information on their annual report, with regards to
Board of County Commission Minutes Page 16
April 5, 2016
said railroads' ability to address a "reasonable worst
case spill" of oil.
The Board CONSENSUS was to authorize staff to
proceed with the above-mentioned initiatives.
(Clerk's Note: All Aboard Florida is also known as the
Brightline)
B. Commissioner Joseph E. Flescher, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Peter D. O'Brvan
2:19 1. Discussion re: Zoning Changes to Restrict Marijuana
p.m. Sale Locations
(memorandum dated March 31, 2016) 292-309
--------------------------------------------------------------------------------------------
Commissioner O'Bryan recalled the Board's adoption
of Ordinance 2014-018, which added regulations
relating to medical marijuana to the County's Pain
Management Clinic and Controlled Substances
legislation. He stated that it is likely that the Florida
Right of Medical Marijuana Initiative (known as
Amendment 2 in 2014), will be approved in the
November 2016 election, and wanted to have staff
bring back an Ordinance relating to medical
marijuana, including restricting the locations of
points of sale. Commissioner O'Bryan advised acting
on this matter expeditiously, with the hope that the
local regulations would be in place and grandfathered
in prior to the State's promulgation of the rules.
(Clerk's Note: On January 13, 2015, the Board adopted
Ordinance 2015-001, in which regulations and
prohibitions pertaining to Medical Marijuana were
repealed, due to the denial of Amendment 2).
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously directed staff to return to the Board with
a proposed Ordinance relating to medical marijuana,
including restrictions on the location of dispensaries.
Board of Couniy Commission Minutes Page 17
April 5, 2016
Vice Chairman Flescher noted that the municipalities
which have legalized marijuana for recreational,
rather than medical uses, are the ones having the most
issues.
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
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 2:23 p.m.
` •..
......... i
Jeffrey R. Smith, CPA, CGFO, CGM oJ•• ••'.
Clerk of Circuit Court and Comptroll *f
t
By: o `'9NEiwX�:ic1I
BCC/MG/2I016Minutes
I
Bob Solari, Chairman
Approved: MAY 0 3 2016
Board of County Commission Minutes Page 18
April 5, 2016