HomeMy WebLinkAbout01/21/2014 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 21, 2014 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
District 4
District 1
District 2
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation by Ellen Gower on Behalf of American Coalition 4 Property
Rights on Upcoming Informational Meeting
B. Presentation of Update on Treasure Coast Regional Planning Council
Comprehensive Economic Development Strategy Committee by Glenn
Heran, District 5 Representative to the Committee
January 21, 2014
PAGE
Page 1 of 6
6. APPROVAL OF MINUTES
A. Regular Meeting of December 10, 2014
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Florida Public Service Commission Rate Adjustment Information has been
Received and is Available for Review in the Office of the Clerk to the Board
PAGE
B. 2014 Committee Vacancies
(memorandum dated January 14, 2014) 1-3
8. CONSENT AGENDA
A. Approval of Warrants — January 6, 2014 to January 9, 2014
(memorandum dated January 9, 2014) 4-9
B. Out of County Travel to attend the 2014 Florida Association of Counties
Legislative Day
(memorandum dated January 15, 2014)
10-13
C. Out of County Travel to attend the National Association of Counties
(NACO) 2014 Legislative Conference
(memorandum dated January 15, 2014)
D. Revised Fourth Amendment to Facility Lease Agreement — Historic
Dodgertown
(memorandum dated January 13, 2014)
14-17
18-22
E. Children's Services Advisory Committee's Annual Report, 2012-2013
(memorandum dated January 14, 2014) 23-60
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
January 21, 2014 Page 2 of 6
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Althea D. McKenzie Regarding Update of
Gifford Neighborhood Plan 61
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings:
a. February 4, 2014:
Grand Harbor Community Association Inc., & GH Vero
Beach Development, LLC's Request for a Comprehensive
Plan Future Land Use Map Amendment to Redesignate
±8.3 Acres Located at the Southwest Corner of Indian River
Blvd. and Grand Harbor Blvd from CII to M-1, and to
Rezone those ±8.3 Acres from CG to RM -6, and to
Simultaneously Redesignate ±8.3 Acres Located at the
Southeast Corner of Indian River Blvd. and 53rd Street
from M-1 to C/I, and to Rezone those ±8.3 Acres from RM -
6 to CG
Legislative and Quasi -Judicial transmittal Public
Hearing
b. March 4, 2014:
County Initiated Request to Redesignate ±70 Acres located
at the East End of Oslo Road, South Side ( ORCA Diamond
Tract), from C-2, Conservation -2 (up to lunit/40 acres), and
L-2, Low -Density Residential -2 (up to 6 units/acre), to C-1,
Conservation -1 (zero density), and Rezone those ±70 Acres
from RS -6 Single -Family Residential District (up to 6 units
/acre), and RS -1, Single -Family Residential District (up to 1
unit/acre), to Con -1 Conservation -1 District (zero density)
Legislative and Quasi -Judicial Final Adoption Public
Hearing
62-63
11. COUNTY ADMINISTRATOR MATTERS
None
January 21, 2014 Page 3 of 6
12. DEPARTMENTAL MATTERS PAGE
A.
Community Development
None
B. Emergency Services
None
C. General Services
D.
None
Human Resources
None
E. Human Services
None
F. Leisure Services
None
G. Office of Management and Budget
None
H.
Recreation
None
I. Public Works
None
J. Utilities Services
1. Amendment No. 1 to Work Order No. 2 for Engineering Consulting
Services with Schulke, Bittle & Stoddard, LLC., for Professional
Services for Engineering Design and Construction Services,
Conflict Resolutions Between Water and Sewer Mains and
Proposed Drainage on US 1 South of 11th Street to the County Line
— UCP #4096
(memorandum dated January 6, 2014)
64-74
January 21, 2014 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
J. Utilities Services
2. Cost Recovery Options on the 66th Avenue Watermain Project From
8th Street to 16th Street — Indian River County Project No: UCP
4040
(memorandum dated January 14, 2014) 75-87
3. Evaluation of Receiving TMDL Credits for Past Projects
(memorandum dated January 15, 2014) 88-98
13. COUNTY ATTORNEY MATTERS
A. Request for Lease Amendment with St. Francis Manor
(memorandum dated January 15, 2014) 99-105
B. Save the Indian River Lagoon Estuary Now, Inc. Government in the
Sunshine Law Issue
(memorandum dated January 14, 2014)
14. COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan, Chairman
B.
None
Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Joseph E. Flescher
1. The Florida Department of Juvenile Justice Presents "Our Children,
Out Future & Community Conversation"
(memorandum dated January 14, 2014)
D.
Commissioner Bob Solari
None
E. Commissioner Tim Zorc
None
106-109
110-111
January 21, 2014 Page 5 of 6
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B.
Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5.00 p.m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5.00 p.m.
January 21, 2014
Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
JANUARY 21, 2014
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
DELETE: ITEM 13.A. REQUEST FOR LEASE AMENDMENT WITH ST. FRANCIS MANOR 2
ADD• ITEM 14 E 1 REQUEST FOR RESOLUTION AND LETTER SUPPORTING
REPRESENTATIVE DEBBIE MAYFIELD'S UPCOMING BILL REGARDING THE
CITY OF VERO BEACH ELECTRIC UTILITY 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION BY ELLEN GOWER ON BEHALF OF AMERICAN COALITION 4
PROPERTY RIGHTS ON UPCOMING INFORMATIONAL MEETING 2
5.B. PRESENTATION OF UPDATE ON TREASURE COAST REGIONAL PLANNING
COUNCIL (TCRPC) COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY
January 21, 2014 1
(CEDS) COMMITTEE BY GLENN HERAN, DISTRICT 5 REPRESENTATIVE TO THE
COMMITTEE 2
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF DECEMBER 10, 2014 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. FLORIDA PUBLIC SERVICE COMMISSION RATE ADJUSTMENT INFORMATION HAS
BEEN RECEIVED AND IS AVAILABLE FOR REVIEW IN THE OFFICE OF THE CLERK
TO THE BOARD 4
7.B. 2014 COMMITTEE VACANCIES 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS — JANUARY 6, 2014 TO JANUARY 9, 2014 4
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE 2014 FLORIDA ASSOCIATION OF
COUNTIES LEGISLATIVE DAY 5
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE NATIONAL ASSOCIATION OF
COUNTIES (NACO) 2014 LEGISLATIVE CONFERENCE 5
8.D. REVISED FOURTH AMENDMENT TO FACILITY LEASE AGREEMENT — HISTORIC
DODGERTOWN (F/K/A VERO BEACH SPORTS VILLAGE) 6
8 E CHILDREN'S SERVICES ADVISORY COMMITTEE'S 2012-2013 ANNUAL REPORT 6
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES —NONE 6
10. PUBLIC ITEMS 7
10.A. PUBLIC HEARINGS - NONE 7
10.B. PUBLIC DISCUSSION ITEMS 7
10.B.1. REQUEST TO SPEAK FROM ALTHEA D. MCKENZIE REGARDING UPDATE OF
GIFFORD NEIGHBORHOOD PLAN 7
10.C. PUBLIC NOTICE ITEMS 8
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS' 8
January 21, 2014 2
10.C.1.A. FEBRUARY 4, 2014: GRAND HARBOR COMMUNITY ASSOCIATION INC., AND GH
✓ ERO BEACH DEVELOPMENT, LLC'S REQUEST FOR A COMPREHENSIVE PLAN
FUTURE LAND USE MAP AMENDMENT TO REDESIGNATE ±8 3 ACRES LOCATED
AT THE SOUTHWEST CORNER OF INDIAN RIVER BLVD. AND GRAND HARBOR
B LVD. FROM C/I TO M-1, AND TO REZONE THOSE ±8 3 ACRES FROM CG TO RM -
6; AND TO SIMULTANEOUSLY REDESIGNATE ±8 3 ACRES LOCATED AT THE
SOUTHEAST CORNER OF INDIAN RIVER BLVD. AND 53RD STREET FROM M-1 TO
C/I, AND TO REZONE THOSE +8 3 ACRES FROM RM -6 TO CG (LEGISLATIVE AND
QUASI-JUDICIAL TRANSMITTAL PUBLIC HEARING) 8
10.C.1.B. MARCH 4, 2014: COUNTY INITIATED REQUEST TO REDESIGNATE ±70 ACRES
LOCATED AT THE EAST END OF OSLO ROAD, SOUTH SIDE ( ORCA DIAMOND
TRACT), FROM C-2, CONSERVATION -2 (UP TO 1UNIT/40 ACRES), AND L-2, LOw-
D ENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE) TO C-1, CONSERVATION -1
(ZERO DENSITY), AND REZONE THOSE ±70 ACRES FROM RS -6 SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 6 UNITS /ACRE), AND RS -1, SINGLE-FAMILY
RESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO CON -1, CONSERVATION -1
DISTRICT (ZERO DENSITY) (LEGISLATIVE AND QUASI-JUDICIAL FINAL
ADOPTION PUBLIC HEARING) 9
11. COUNTY ADMINISTRATOR MATTERS - NONE 9
12. DEPARTMENTAL MATTERS 9
12.A. COMMUNITY DEVELOPMENT - NONE 9
12.B. EMERGENCY SERVICES - NONE 9
12.C. GENERAL SERVICES - NONE 9
12.D. HUMAN RESOURCES - NONE 9
12.E. HUMAN SERVICES - NONE 10
12.F. LEISURE SERVICES - NONE 10
12.G. OFFICE OF MANAGEMENT AND BUDGET- NONE 10
12.H. RECREATION - NONE 10
12.I. PUBLIC WORKS - NONE 10
12.J. UTILITIES SERVICES 10
12.J.1 AMENDMENT NO. 1 TO WORK ORDER No. 2 FOR ENGINEERING CONSULTING
SERVICES WITH SCHULKE, BITTLE AND STODDARD, LLC , FOR PROFESSIONAL
January 21, 2014 3
SERVICES FOR ENGINEERING DESIGN AND CONSTRUCTION SERVICES,
CONFLICT RESOLUTIONS BETWEEN WATER AND SEWER MAINS AND PROPOSED
DRAINAGE ON US 1 SOUTH OF 11TH STREET TO THE COUNTY LINE - UCP No.
4096 10
12.J.2. COST RECOVERY OPTIONS ON THE 66TH AVENUE WATER MAIN PROJECT FROM
8TH STREET TO 16TH STREET - INDIAN RIVER COUNTY PROJECT No: UCP 4040 11
12.J.3. EVALUATION OF RECEIVING TOTAL MAXIMUM DAILY LOAD (TMDL) CREDITS
FOR PAST PROJECTS 13
13. COUNTY ATTORNEY MATTERS 14
13.A. DELETED: REQUEST FOR LEASE AMENDMENT WITH ST. FRANCIS MANOR 14
13.B. SAVE THE INDIAN RIVER LAGOON ESTUARY Now, INC. (STIRLEN)
GOVERNMENT IN THE SUNSHINE LAW ISSUE 14
14. COMMISSIONER ITEMS 14
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 14
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 15
14.B.1. ADDITION: REQUEST TO APPROVE TRAVEL FOR COMMISSIONER ZORC TO THE
FLORIDA MUNICIPAL POWER AGENCY'S UPCOMING MEETING ON JANUARY 23,
2014 15
14.C. COMMISSIONER JOSEPH E FLESCHER 15
14.C.1. THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE PRESENTS "OUR CHILDREN,
OUR FUTURE AND COMMUNITY CONVERSATION' 15
14.D. COMMISSIONER BOB SOLARI - NONE 15
14.E. COMMISSIONER TIM ZORC 16
14.E.1. ADDITION: REQUEST FOR RESOLUTION AND LETTER IN SUPPORT OF DEBBIE
MAYFIELD'S BILL REGARDING THE CITY OF VERO BEACH ELECTRIC UTILITY 16
15 SPECIAL DISTRICTS AND BOARDS 18
15.A. EMERGENCY SERVICES DISTRICT - NONE 18
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 18
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 18
January 21, 2014 4
16. ADJOURNMENT 18
January 21, 2014 5
JEFFREY R. SMITH
Clerk to the Board
January 21, 2014
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, January 21, 2014. Present were Chairman Peter D. O'Bryan, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E Flescher Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
January 21, 2014 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
Delete: Item 13.A. Request for Lease Amendment with St. Francis Manor
Add: Item 14.E.1. Request for Resolution and Letter Supporting Representative
Debbie Mayfield's Upcoming Bill Regarding the City of Vero Beach Electric
Utility
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BY ELLEN GOWER ON BEHALF OF AMERICAN COALITION
4 PROPERTY RIGHTS ON UPCOMING INFORMATIONAL MEETING
Ellen Gower, 7435 Cypress Bend Manor, announced that there would be a forum on the
ramifications of the Seven50 Plan on January 25, 2014 at 10:00 a.m. at the Sebastian North
County Library
S.B. PRESENTATION OF UPDATE ON TREASURE COAST REGIONAL PLANNING
COUNCIL (TCRPC) COMPREHENSIVE ECONOMIC DEVELOPMENT
STRATEGY (CEDS) COMMITTEE BY GLENNHERAN, DISTRICT 5
REPRESENTATIVE TO THE COMMITTEE
Glenn Heran, 1964 Grey Falcon Circle SW, Board Appointee to the Comprehensive
Economic Development Strategy (CEDS) Committee, a subcommittee of the Treasure Coast
Regional Planning Council (TCRPC), provided background and a financial analysis on the
January 21, 2014 2
committees, which are comprised of elected officials from Indian River, St Lucie, Martin, and
Palm Beach counties, and gubernatorial appointees. He reported that the TCRPC is largely
federally funded and opined that the funding allocations are largely made by appointed staff, not
the CEDS members; further, he believes a disproportionate amount of funding is being allocated
to counties other than Indian River. Mr. Heran also disclosed that many of the CEDS
presentations and discussions are pro Seven50 despite the fact that two member counties have
withdrawn from the Seven50 initiative, with Martin County planning to exit in the future.
A broad -ranging debate followed as individual Commissioners made observations and
voiced differing opinions on TCRPC and CEDS. Key discussion topics included the following:
(1) the funding that the County has received through TCRPC for Homeland Security Training
and the Brownfields Assessment at the old Gifford Landfill; (2) TCRPC's refusal to grant the
County's request to change the name of the Seven50 Plan to reflect the actual number of counties
remaining in the initiative; (3) TCRPC's development of a lobbying group to ask for state
assistance to help with mitigation strategies for the upcoming All Aboard Florida high speed
railway; (4) the newly created Governor's subcommittee; and (5) the necessity to defend
representative democracy from unelected authorities.
No Board Action Required or Taken
6. APPROVAL OF MINUTES
G.A. REGULAR MEETING OF DECEMBER 10, 2014
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the minutes of the December 10, 2014 meeting,
as written.
January 21, 2014 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. FLORIDA PUBLIC SERVICE COMMISSION RATE ADJUSTMENT
INFORMATION HAS BEEN RECEIVED AND IS AVAILABLE FOR REVIEW IN
THE OFFICE OF THE CLERK TO THE BOARD
7.B. 2014 COMMITTEE VACANCIES
Chairman O'Bryan invited interested persons to apply for the vacant committee positions
that are listed on pages 2 and 3 of the agenda package.
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8 D from the Consent Agenda for
discussion.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS - JANUARY 6, 2014 TO JANUARY 9, 2014
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the list of Warrants and Wires issued by the
Comptroller's Office for the time period of January 6,
2014 to January 9, 2014, as requested in the memorandum
of January 9, 2014.
January 21, 2014 4
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE 2014 FLORIDA ASSOCIATION
OF COUNTIES LEGISLATIVE DAY
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved out of County travel for Commissioners and
staff to attend the 2014 Florida Association of Counties
Legislative Day on Thursday, March 27, 2014, in
Tallahassee, Florida, as requested in the memorandum of
January 15, 2014.
8.0 OUT OF COUNTY TRAVEL TO ATTEND THE NATIONAL ASSOCIATION OF
COUNTIES (NACO) 2014 LEGISLATIVE CONFERENCE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved out of County travel for Commissioners and
staff to attend the 2014 National Association of Counties
(NACO) Legislative Conference to be held in
Washington, D.C., from March 1 through 5, 2014, as
requested in the memorandum of January 15, 2014.
January 21, 2014 5
B.D. REVISED FO URTHAMENDMENT TO FACILITY LEASE AGREEMENT-
HIS TORICDODGERTOWN (F/K/A VERO BEACH SPORTS VILLAGE)
Commissioner Solari declared his opposition to this item, alluding to his belief in limited
government.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board, by a 4-1 vote
(Commissioner Solari opposed), authorized the Chairman
to execute the revised Fourth Amendment to the Facility
Lease Agreement with Verotown, LLC, with the updated
correction and funding allocation as approved by the
Board on November 12, 2013, as recommended in the
memorandum of January 13, 2014.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.E. CHILDREN'S SERVICES ADVISORY COMMITTEE'S 2012-2013 ANNUAL
REPORT
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Annual Report October 1, 2012 through
September 30, 2013 of the Children's Services Advisory
Committee of Indian River County, as recommended in
the memorandum of January 14, 2014.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
January 21, 2014 6
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM ALTHEA D. MCKENZIE REGARDING UPDATE
OF GIFFORD NEIGHBORHOOD PLAN
Althea McKenzie, 2405 16th Avenue, addressed the Board regarding the update of the
Gifford Neighborhood Plan (GNP). She reported that at the GNP meeting on October 22, 2013,
the residents were advised that County staff would return with a specific plan in January 2014;
residents have now been advised that staff will not return until April 26, 2014. Ms. McKenzie
spoke to the urgent need for improvements (such as drainage and sidewalks) and urged the Board
to make a commitment to expedite the improvements, address poverty in Gifford and elsewhere
in the County, and put some solid figures behind the GNP.
Discussion followed, with input from County Administrator Joseph Baird, about the
County's annual budget process and timeline.
Ms. McKenzie distributed and reviewed data (copy on file) on the County's budget,
mentioning the ad valorem taxes that were paid by Gifford homeowners, and opined that the
funds allocated to Gifford are not equivalent to monies spent in other areas of the County.
Discussion ensued, with input from Director of Management and Budget Jason Brown
and Administrator Baird, about the County's budget, including the cost for operating expenses
for general government, such as law enforcement, fire safety, and road maintenance.
Commissioner Zorc suggested consolidating the figures on the capital side and the
operating sides of various projects, to get a more accurate picture of whether there is a disparity
in the amounts being spent in Gifford versus other areas in the County.
January 21, 2014 7
Administrator Baird stated that he and staff would meet with Ms. McKenzie to review the
County's budget allocations for the Gifford area.
Ms. McKenzie spoke to Gifford's needs for services and asked the Board to take the lead
because residents are living in a blighted area. She also urged the Board to have staff return
before April for further discussions on the GNP update.
Commissioner Flescher, who was present at the October 2013 meeting, recalled that
residents were advised that the GNP update would be a lengthy process requiring several
meetings.
Community Development Director Stan Boling mentioned that the GNP process involves
a lot of public input and staff analysis, and described initiatives (ball field improvements, West
Gifford initiative, beautification project) that have already begun in Gifford, as the planning
process goes forward He affirmed that staff is coming back in April with more proposals for the
community, and that it will partly be up to them as to how many meetings will be required and
how long the update will take.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS:
10. C.1.A. FEBRUARY 4, 2014: GRAND HARBOR COMMUNITY ASSOCIATION INC.,
AND GH VERO BEACH DEVELOPMENT, LL C'S REQUEST FOR A
COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT TO
REDESIGNATE ±8.3 ACRES LOCATED AT THE SOUTHWEST CORNER OF
INDIAN RIVER BLVD. AND GRAND HARBOR BLVD. FROM C/I TO M-1, AND
TO REZONE THOSE ±8.3 ACRES FROM CG TO RM -6; AND TO
January 21, 2014 8
SIMULTANEOUSLY REDESIGNATE ±8.3 ACRES LOCATED AT THE
SOUTHEAST CORNER OF INDIAN RIVER BLVD. AND 53RD STREET FROM
M-1 TO C/I, AND TO REZONE THOSE ±8.3 ACRES FROM RM -6 TO CG
(LEGISLATIVE AND QUASI-JUDICIAL TRANSMITTAL PUBLIC HEARING)
10. C.1.B. MARCH 4, 2014: COUNTY INITIATED REQUEST TO REDESIGNATE ±70
ACRES LOCATED AT THE EAST END OF OSLO ROAD, SOUTH SIDE (ORCA
DIAMOND TRACT), FROM C-2, CONSERVATION -2 (UP TO 1 UNIT/40 ACRES),
AND L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C-1,
CONSERVATION -1 (ZERO DENSITY), AND REZONE THOSE ±70 ACRES
FROM RS -6 SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS
/ACRE), AND RS -1, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 1
UNIT/ACRE), TO CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY)
(LEGISLATIVE AND QUASI-JUDICIAL FINAL ADOPTION PUBLIC HEARING)
County Attorney Dylan Reingold read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.11 HUMAN RESOURCES - NONE
January 21, 2014 9
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET- NONE
12.H. RECREATION - NONE
12.I. PUBLIC WORKS' - NONE
12.J. UTILITIES SERVICES
12.11. AMENDMENT No. I TO WORK ORDER No. 2 FOR ENGINEERING
CONSULTING SERVICES WITH SCHULKE, BITTLE AND STODDARD, LLC.,
FOR PROFESSIONAL SERVICES FOR ENGINEERING DESIGN AND
CONSTRUCTION SERVICES, CONFLICT RESOLUTIONS BETWEEN WATER
AND SEWER MAINS AND PROPOSED DRAINAGE ON US 1 SOUTH OF 11TH
STREET TO THE COUNTY LINE - UCP No. 4096
Director of Utilities Vincent Burke reported that the Federal Department of
Transportation (FDOT) has submitted revised drainage plans to Schulke, Bittle, and Stoddard,
LLC (SBS), for the resolution of conflicts between existing water and sewer facilities, and
FDOT's proposed paving and drainage improvements on US 1 from 11th Street south to the
County line. He asked the Board to approve Amendment No. 1 to Work Order No. 2 with SBS,
for a total amount of $18,741.88 to compensate SBS for the additional services.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Amendment No. 1 to Work Order No. 2 with Schulke,
January 21, 2014 10
Bittle and Stoddard, LLC, for an additional amount of
$18,741.88, for a new total contract amount of
$78,241.88, as recommended in the memorandum of
January 6, 2014.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..!.2. COST RECOVERY OPTIONS ON THE 66TH AVENUE WATER MAIN PROJECT
FROM 8TH STREET TO 16TH STREET - INDIAN RIVER COUNTY PROJECT
No: UCP 4040
Director Burke provided background, description, and analysis on the 66th Avenue Water
Main Project, which will enable certain property owners outside of the Urban Service Area
(USA) on 66th Avenue to connect to the County's water line if they wish. He noted that as part
of the project, the Indian River County Department of Utility Services (IRCDUS) chose to
extend the piping across the relief canal for a looped system that would benefit the Utilities
Department. He explained that this project is unique because the property owners will not be
assessed 100% for the project costs; connection is voluntary, and it will be hard to recoup costs,
due to the low density of rate payers who will be tying into the system. After providing an
analysis of five scenarios for recouping project costs, Director Burke recommended that the
Board select Scenario No. 2, a 70/30 split with the property owners from 8t11 Street to 16th Street,
who connect to the water line, paying 70% of the project costs ($13, 637.29 per parcel minus
impact and connection fees), and the County paying the remaining 30%.
The Board questioned Director Burke on the scenarios he had presented, and asked why
the IRCDUS decided to loop the water system across the relief canal. Deliberations ensued on
the best way to recoup the County's costs while dividing them fairly among the property owners
who tap into the line.
January 21, 2014 11
Commissioner Zorc stated that the Department could have provided water to certain
parcels to address their request for water without crossing the canal to loop or balance the
system.
Alex Walters, 1295 60h Avenue Parcel 13, advocated apportioning the costs based on
the square footage of the owners' properties.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to approve
staffs recommendation.
Bob Johnson, Coral Wind Subdivision, wondered whether the 70/30 split would become
a precedent for future projects.
Administrator Baird advised that normally the utility customers would pay 100% of the
costs for connecting to County water; however, staff was recommending the 70/30 split in this
case, because the looped portion of the system is a benefit to the utility system.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Zorc opposed), the Board: (1)
determined that the appropriate cost recovery method is a
70/30 split with eighteen property owners from 8 h Street
to 16th Street who may elect to connect to the water main,
who will be responsible for 70% of the costs and the
Indian River County Department of Utilities (IRCDU)
who will be responsible for 30% of the costs for the non -
assessment water project and (2) authorized the IRCDU
to collect the proportionate project costs of $13,637.29 per
property owner for UCP No. 4040, if and when a resident
makes an application for service along 66th Avenue
January 21, 2014 12
between 8th Street and 16th Street, as recommended in the
memorandum of January 14, 2014.
The Chairman called a recess at 10:56 a.m., and reconvened the meeting at 11:10 a.m.,
with all members present.
12.J.3. EVALUATION OF RECEIVING TOTAL MAXIMUM DAILY LOAD (TMDL)
CREDITS FOR PAST PROJECTS
Director Burke provided background on Work Order No. 8 with MBV Engineering
(MBV) Inc., which was approved by the Board on August 20, 2013, for the purpose of
evaluating the possibility of creating a countywide bank of Total Maximum Daily Load (TMDL)
credits for past projects that were launched by the County to reduce the total nitrogen (TN) and
total phosphorus (TP) runoff from County water and wastewater treatment facilities into the
Indian River Lagoon. He provided an overview and analysis of how the credit banking program
would work, and stressed that the goal is not to reduce the County's total remediation, but to
strive to remove the most nutrients from the water discharges in the most cost effective way. He
explained that the Florida Department of Environmental Protection (FDEP) has requested
additional information regarding the County's request for them to conceptually approve this
process, and asked the Board to support additional services by MBV by authorizing Phase II of
Work Order No. 8.
A brief discussion ensued, with input from Director Burke, about the possibility of the
TMDL credits becoming a future source of revenue.
Chairman O'Bryan observed that the important thing is that the County conforms to the
TMDL quotas, not so much where the nutrient reductions are made.
January 21, 2014 13
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: (1)
authorized the professional services described in Phase II;
and (2) authorized MBV Engineering, Inc. to move
forward with the Phase II work outlined in the approved
Work Order No. 8 on August 20, 2013 for a not to -exceed
amount of $51,900.00, as recommended in the
memorandum of January 15, 2014.
13. COUNTY ATTORNEY MATTERS
13.A. DELETED: REQUEST FOR LEASE AMENDMENT WITH ST. FRANCIS MANOR
13.B. SAVE THE INDIAN RIVER LAGOON ESTUARY NOW, INC. (STIRLEN)
GOVERNMENT IN THE SUNSHINE LAW ISSUE
County Attorney Dylan Reingold recalled the Board's direction on January 7, 2014 for
the County Attorney's office to report back on whether the non-profit organization, Save the
Indian River Lagoon Estuary Now, Inc. (STIRLEN), is subject to Florida's Government in the
Sunshine Law (aka the Florida Sunshine). After providing background and analysis on
STIRLEN's structure and objectives, he presented his conclusion that STIRLEN would not be
governed by the Government in the Sunshine Law.
No Board Action was Required or Taken
14. COMMISSIONER ITEMS
/4.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN- NONE
January 21, 2014 14
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. ADDITION: REQUEST TO APPROVE TRAVEL FOR COMMISSIONER ZORC
TO THE FLORIDA MUNICIPAL POWER AGENCY'S UPCOMING MEETING ON
JANUARY23, 2014
(Clerk's Note: This item was added under Item 14.E.1. and is placed here for
continuity).
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously authorized
out -of -County travel for Commissioner Tim Zorc to attend
the January 23, 2014 Florida Municipal Power Agency
(FMPA) meeting in Orlando, Florida.
14. C. COMMISSIONER JOSEPHE. FLESCHER
14. C.1. THE FLORIDA DEPARTMENT OF JUVENILE JUSTICE PRESENTS "OUR
CHILDREN, OUR FUTURE AND COMMUNITY CONVERSATION"
Commissioner Flescher invited everyone to attend a workshop, "Our Children, Our
Future and Community Conversation," at the Indian River County Sheriff's Office on January
24, 2014 from 9.00 a.m. to 10:30 a.m. The event will be hosted by Secretary Wansley Walters
of the Division of the Florida Department of Juvenile Justice.
14.D. COMMISSIONER BOB SOLARI - NONE
January 21, 2014 15
14.E. COMMISSIONER TIMZORC
14.E.1. ADDITION: REQUEST FOR RESOLUTION AND LETTER IN SUPPORT OF
DEBBIE MAYFIELD'S BILL REGARDING THE CITY OF VERO BEACH
ELECTRIC UTILITY
Commissioner Zorc reported that Representative Debbie Mayfield has an upcoming bill
regarding the City of Vero Beach Electric Utility ("Vero Electric") and its utility customers who
live outside the municipal boundaries. He wanted to make sure that House of Representatives
Speaker Will Weatherford is aware of the importance of this issue to Indian River County, and
proposed having the County Attorney send to Representative Weatherford, a Resolution and
letter of support for Representative Mayfield's bill.
Commissioner Solari suggested that the County Attorney get input from the County's
lobbyist, Ballard Partners, on the contents of the Resolution and letter.
MOTION WAS MADE by Commissioner Zorc,
SECONDED by Commissioner Solari, to: (1) direct the
County Attorney to draft Resolution 2014-005 and a
letter, to be mailed to Florida House of Representatives
Speaker Will Weatherford supporting Representative
Debbie Mayfield's pending bill relating to the City of
Vero Beach Electric Utility and its utility customers who
live outside of the municipal boundaries in the
unincorporated parts of Indian River County, or in the
Town of Indian River Shores, advising Representative
Weatherford that this issue is important to Indian River
County, and encouraging him to hold the appropriate
workshops on Representative Mayfield's bill; (2) direct
the County Attorney to get input from Ballard Partners,
the County's lobbyist, as to the contents of the Resolution
January 21, 2014 16
and letter before sending the documents to Representative
Weatherford; the letter is to include a request for
Representative Weatherford to invite representatives from
Indian River Shores and Indian River County to attend any
meetings on Representative Mayfield's bill; and (3)
authorize the Chairman to execute both documents after
review and approval.
Attorney Reingold inquired as to whether the Board would like him to bring back the
draft Resolution for final Board approval before it is adopted and sent to Representative
Weatherford.
Because this was a time sensitive matter, the Board CONSENSUS was for the Chairman
to review and adopt the final Resolution on behalf of the Board, with the understanding that if he
sees any problems, he will withhold execution until there is a vote.
Commissioner Zorc announced that on Friday, January 24, 2014, he was going to see
whether the Town of Indian River Shores will also convey a Resolution to Tallahassee because if
the speaker's office gets two Resolutions from representative government it will impel him to
hold hearings on the bill. He also advised that he would be attending the Florida Municipal
Power Agency's meeting on Thursday January 23, 2014, and will bring back an update.
County Administrator Baird suggested that the Board approve out -of -County travel for
Commissioner Zorc.
(Clerk's Note: Please see Item 14.B.1. for Board action on the above statement).
Commissioner Solari suggested that Commissioner Zorc bring a draft copy of the
Resolution to Indian River Shores and suggest they model their document after the County's.
January 21, 2014 17
A brief discussion ensued about whether to incorporate the bill number into the
Resolution; however, said information was not yet available.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 11:40 a.m.
Jeffrey R. Smith,
Clerk of Circuit Court and Comptroller
Minutes Approved: FEB 1 8 201
January 21, 2014 18
Peter D O'Bryan, Chairman
BCC/MG/2013Minutes
January 21, 2014 19