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HomeMy WebLinkAbout03/11/2014MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MARCH 11, 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 Deputy Teddy Floyd, Crime Prevention Unit, Indian River County Sheriff's Office Commissioner Peter D. O'Bryan, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Certificate of Recognition for Island Boats, Inc. PAGE 1 B. Presentation by Amy Brumes, External Affairs Manager, Florida Power & Light March 11, 2014 Page 1 of 6 6. APPROVAL OF MINUTES A. Regular Meeting of February 4, 2014 B. Impact Fee Workshop of January 22, 2014 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants — February 21, 2014 to February 27, 2014 (memorandum dated February 27, 2014) PAGE 2-8 B. Authorization to Attend Florida Government Finance Officers Association Annual Conference (memorandum dated February 27, 2014) 9-12 C. Agreement with Brevard County to Provide Development Training to Indian River County Employees (memorandum dated March 3, 2014) 13-21 D. Application for Recreational Trails Grant (memorandum dated March 12, 2014) 22-47 E. Miscellaneous Budget Amendment 010 (memorandum dated February 26, 2014) 48 53 F. Amend Resolution No. 2003-151 — Temporary Water Connection Agreement (memorandum dated March 3, 2014) 54-60 G. Request for Purchase of Sodium Hypochlorite Tanks for the North County RO Water Plant (memorandum dated February 24, 2014) H. Approval of Bid Award for IRC Bid No. 2014006 Central WWTP Sludge Holding Tank Modifications and Request for Budget Amendment (memorandum dated March 4, 2014) 61-65 66-78 I. Authorization to Advertise for a Public Hearing to Consider Revising County Code Chapter 308, Indian River County Housing Assistance Program (memorandum dated February 26, 2014) 79-93 March 11, 2014 Page 2 of 6 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Consideration of an Ordinance to Temporarily Extend the Suspension of Three Impact Fees for One Year or Until the Current Impact Fee Review is Completed and a New Impact Fee Schedule is Approved and Becomes Effective, Whichever Occurs First (memorandum dated February 26, 2014) (Legislative) 94-106 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 McKenzie Regarding Gifford Expense Analysis FY 2013/14 107-115 2. Request to Speak from Jacque Warrior Regarding Governor Scott's Race Based Educational Goals 116-117 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 1. Condemnation, Demolition and Removal of Unsafe Structures Located at 4196 29th Avenue, 4460 33rd Avenue, and 1865 38th Lane (memorandum dated February 13, 2014) 2. Board Consideration of St. Christopher Harbor Homeowners Association's Request that the County apply for a Florida Inland Navigation District Cost -Share Grant and Fund a Cost -Share Match for Channel Restoration at Head Island (a.k.a. the Green Salt Marsh LAAC Site) (memorandum dated March 3, 2014) 118-135 136-155 March 11, 2014 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE B. Emergency Services None C. General Services None D. Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget H. None Recreation None I. Public Works J. None Utilities Services 1. West Wabasso Sewer and Drainage Improvements Phase 1 — Impact Fee Refunds — UCP 4078 (memorandum dated March 3, 2014) 156-163 13. COUNTY ATTORNEY MATTERS A. Code Enforcement Lien located at 168 35th Square SW Water's Edge Subdivision (memorandum dated March 5, 2014) 164-165 March 11, 2014 Page 4 of 6 14. COMMISSIONERS ITEMS PAGE A. Commissioner Peter D. O'Brvan, Chairman None B. Commissioner Wesley S. Davis, Vice Chairman 1. Maintenance of a Parcel of Land (memorandum dated March 5, 2014) 166-168 C. Commissioner Joseph E Flescher D. E. None Commissioner Bob Solari None Commissioner Tim Zorc 1. City of Vero Beach Electric Sale Discussions (memorandum dated March 3, 2014) 169 2. Go -Line Transportation Hub (memorandum dated March 5, 2014) 170 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District C. None Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. March 11, 2014 Page 5 of 6 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. March 11, 2014 Page 6 of 6 JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING BOARD OF COUNTY COMMISSIONERS MARCH 11, 2014 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 ADDITION: EMERGENCY ITEM - ITEM 11.A. AWARD OF BID No. 2014026 - INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET AND TRAP FACILITY PHASE 1, IRC PROJECT No. 1213 2 ADDITION: EMERGENCY ITEM - ITEM 14.A.1. CORRESPONDENCE FROM FRED MENSING 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION OF CERTIFICATE OF RECOGNITION FOR ISLAND BOATS, INC. 2 5.B. PRESENTATION BY AMY BRUNJES, EXTERNAL AFFAIRS MANAGER, FLORIDA POWER AND LIGHT 2 6. APPROVAL OF MINUTES 4 6.A. REGULAR MEETING OF FEBRUARY 4, 2014 4 6.B. IMPACT FEE WORKSHOP OF JANUARY 22, 2014 4 March 11, 2014 1 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION - NONE 5 8. CONSENT AGENDA 5 8.A. APPROVAL OF WARRANTS — FEBRUARY 21, 2014 TO FEBRUARY 27, 2014 5 8.B. AUTHORIZATION TO ATTEND FLORIDA GOVERNMENT FINANCE OFFICERS ASSOCIATION ANNUAL CONFERENCE 6 8.C. AGREEMENT WITH BREVARD COUNTY TO PROVIDE DEVELOPMENT TRAINING TO INDIAN RIVER COUNTY EMPLOYEES 6 8.D. APPLICATION FOR RECREATIONAL TRAILS GRANT 7 8 E MISCELLANEOUS BUDGET AMENDMENT 010 7 8.F. AMEND RESOLUTION NO. 2003-151 — TEMPORARY WATER CONNECTION AGREEMENT (POTABLE WATER) 7 8.G. REQUEST FOR PURCHASE OF SODIUM HYPOCHLORITE TANKS FOR THE NORTH COUNTY RO WATER PLANT 8 8.H. APPROVAL OF BID AWARD FOR IRC BID No. 2014006 CENTRAL WWTP SLUDGE HOLDING TANK MODIFICATIONS AND REQUEST FOR BUDGET AMENDMENT 8 8.I. AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING TO CONSIDER REVISING COUNTY CODE CHAPTER 308, INDIAN RIVER COUNTY HOUSING ASSISTANCE PROGRAM 9 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9 10. PUBLIC ITEMS 9 10.A. PUBLIC HEARING(S) 9 10.A.1. CONSIDERATION OF AN ORDINANCE TO TEMPORARILY EXTEND THE SUSPENSION OF THREE IMPACT FEES FOR ONE YEAR OR UNTIL THE CURRENT IMPACT FEE REVIEW IS COMPLETED AND A NEW IMPACT FEE SCHEDULE IS APPROVED AND BECOMES EFFECTIVE, WHICHEVER OCCURS FIRST (LEGISLATIVE) 9 10.B. PUBLIC DISCUSSION ITEMS 12 10.B.1. REQUEST TO SPEAK FROM ALTHEA MCKENZIE REGARDING GIFFORD EXPENSE ANALYSIS FY 2013-14 12 March 11, 2014 2 1O.B.2. REQUEST TO SPEAK FROM JACQUE WARRIOR REGARDING GOVERNOR SCOTT'S RACE BASED EDUCATIONAL GOALS 13 10.C. PUBLIC NOTICE ITEMS - NONE 15 11. COUNTY ADMINISTRATOR MATTERS 15 11.A. ADDITION: EMERGENCY ITEM — AWARD OF BID No. 2014026 — INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET AND TRAP FACILITY PHASE 1, IRC PROJECT NO. 1213 15 12. DEPARTMENTAL MATTERS 16 12.A. COMMUNITY DEVELOPMENT 16 12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES LOCATED AT 4196 29TH AVENUE, 4460 33RD AVENUE, AND 1865 38TH LANE 16 12.A.2. BOARD CONSIDERATION OF ST. CHRISTOPHER HARBOR HOMEOWNERS ASSOCIATION'S REQUEST THAT THE COUNTY APPLY FOR A FLORIDA INLAND NAVIGATION DISTRICT COST -SHARE GRANT AND FUND A COST -SHARE MATCH FOR CHANNEL RESTORATION AT HEAD ISLAND (A.K.A. THE GREEN SALT MARSH LAAC SITE) 17 12.B. EMERGENCY SERVICES - NONE 18 12.C. GENERAL SERVICES - NONE 18 12.D. HUMAN RESOURCES - NONE 18 12.E. HUMAN SERVICES - NONE 18 12.F. LEISURE SERVICES - NONE 18 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 18 12.H. RECREATION - NONE 19 12.I. PUBLIC WORKS - NONE 19 12.J. UTILITIES SERVICES 19 12.J.1. WEST WABASSO SEWER AND DRAINAGE IMPROVEMENTS PHASE 1 — IMPACT FEE REFUNDS — UCP 4078 19 13. COUNTY ATTORNEY MATTERS 19 13.A. CODE ENFORCEMENT LIEN LOCATED AT 168 35TH SQUARE SW WATER'S EDGE SUBDIVISION 19 March 11, 2014 3 14. COMMISSIONER ITEMS 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 20 20 14.A.1. ADDITION' EMERGENCY ITEM — CORRESPONDENCE FROM FRED MENSING 20 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 21 14.B.1. MAINTENANCE OF A PARCEL OF LAND 21 14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 21 14.D. COMMISSIONER BOB SOLARI - NONE 21 14.E. COMMISSIONER TIM ZORC 22 14.E.1. CITY OF VERO BEACH ELECTRIC SALE DISCUSSIONS 22 14 E 2 GO -LINE TRANSPORTATION HUB 22 15. SPECIAL DISTRICTS AND BOARDS 22 15.A. EMERGENCY SERVICES DISTRICT - NONE 22 15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 22 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22 16. ADJOURNMENT 23 March 11, 2014 4 JEFFREY R. SMITH Clerk to the Board March 11, 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, March 11, 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 Leona Adair Allen. 1. CALL TO ORDER Chairman O'Bryan called the meeting to order at 9:00 a.m. 2. INVOCATION Deputy Teddy Floyd, Crime Prevention Unit, Indian River County Sheriff's Office, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Chairman O'Bryan led the Pledge of Allegiance to the Flag. March 11, 2014 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Chairman O'Bryan requested the following changes to the Agenda: ADDITION: EMERGENCY ITEM - ITEM 11.A. AWARD OF BID No. 2014026 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET AND TRAP FACILITY PHASE I, IRC PROJECT NO. 1213 ADDITION: EMERGENCY ITEM - ITEM 14.A.1. CORRESPONDENCE FROM FRED MENSING ON MOTION by Commissioner Flescher, SECONDED by Commissioner Solari, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION OF CERTIFICATE OF RECOGNITION FOR ISLAND BOATS, INC. Commissioner Zorcread and presented the Certificate of Recognition to Ralph Poppell and Tim Poppell for having received the 2014 Innovation Award at the Miami International Boat Show, held on February 13, 2014. S.B. PRESENTATION BY AMY BRUNJES, EXTERNAL AFFAIRS MANAGER, FLORIDA POWER AND LIGHT Amy Brunjes, External Affairs Manager of Florida Power and Light (FPL), provided an update on the sale of the City of Vero Beach Electric Utility system to Florida Power and Light (FPL) She spoke about the new proposal numerous options; FPL and the City of Vero Beach (City) splitting the $52 million cost to the Florida Municipal Power Agency (FMPA); setting up March 11, 2014 2 future meetings to discuss outstanding issues and the goal to close the sale in January of 2015. Ms Brunjes stated that FPL would honor all of its obligations under the contract between the City and FPL Ms. Brunjes responded to questions from the Board She thereafter requested that the Commissioners continue to support the economic benefits, explain the "true facts", and convey the necessity to be a partner with the City. Commissioner Zorc suggested sending a copy of a Resolution to the City of Vero Beach and FMPA, to reiterate the Commissioners' support for the sale. Pilar Turner, 1515 Indian Bay Drive, informed the Board that during the March 18th City of Vero Beach City Council meeting, she would be presenting information and continuing to educate the public on electric utilities. She encouraged ratepayers to send e-mails of support to both the City Council and Mayor Richard Winger, prior to the March 19th City of Vero Beach Utilities/Finance Commission meeting. She said Mayor Winger would be meeting with FMPA on April 2nd, and that this would be brought back to the City Council meeting on April 15th, unless there is a Special Call meeting prior to that date. MOTION WAS MADE by Commissioner Zorc, SECONDED by Commissioner Flescher, to direct staff to bring a Resolution to the Board reiterating the Board's support of the proposed sale of the City of Vero Beach Electric Utility by the City of Vero Beach, to Florida Power and Light (FPL) Company. Glenn Heran, 1964 Grey Falcon Circle Southwest, Board Appointee to the Comprehensive Economic Development Strategy (CEDS) Committee, a subcommittee of the Treasure Coast Regional Planning Council (TCRPC), thanked FPL for their support during the ongoing process of seeking lower rates. He provided background and financial analysis March 11, 2014 3 regarding current and proposed rates, the cash flow forecast for the FPL sale, and the FMPA balance sheet. Dr. Stephen Faherty thanked FPL for their support reminded the Board that the contract between the City and FPL runs through 2016; and that the 30 -year Franchise Agreement will end for electric utility service in 2017. He thereafter provided background on the FPL sale and strategic actions for the Board to consider. Chairman O'Bryan said the Board wants to continue working with the City and FPL to come to an agreement that will benefit all the ratepayers of the City of Vero Beach Electric. Bob Johnson Coral Wind Subdivision, sought and received information regarding guaranteed reduced rates. The Chairman CALLED THE QUESTION and the Motion carried unanimously. County Attorney Dylan Reingold said he would bring a draft Resolution to the Board during the March 18, 2014 Board of County Commission meeting. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF FEBRUARY 4, 2014 6.B. IMPACT FEE WORKSHOP OF JANUARY 22, 2014 The Chairman asked if there were any corrections or additions to the minutes. There were none. March 11, 2014 4 ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the meeting minutes of February 4, 2014 and January 22, 2014, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION - NONE 8. CONSENT AGENDA Vice Chairman Davis requested to pull Item 8.F. 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- FEBRUARY21, 2014 TO FEBRUARY27, 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 February 21, 2014 to February 27, 2014, as requested in the memorandum of February 27, 2014. March 11, 2014 5 B.B. AUTHORIZATION TO ATTEND FLORIDA GOVERNMENT FINANCE OFFICERS ASSOCIATION ANNUAL CONFERENCE ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously authorized County Administrator Joseph Baird to attend the 2014 Florida Government Finance Officers Association Annual Conference from May 31 to June 4, 2014, in Orlando, Florida, as requested in the memorandum of February 27, 2014. 8.C. AGREEMENT WITH BREVARD COUNTY TO PROVIDE DEVELOPMENT TRAINING TO INDIAN RIVER COUNTY EMPLOYEES ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved and authorized the County Administrator to execute the Agreement with Brevard County Board of County Commissioners for employee development training, as recommended in the memorandum of March 3, 2014. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 11, 2014 6 8.11 APPLICATION FOR RECREATIONAL TRAILS GRANT ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously directed staff to apply for grant funding through the Department of Environmental Protection Office of Greenways and Trails, under their Recreational Trails Program (to be located at the Martin Luther King Park on 28th Court), and authorized the County Administrator to execute the necessary paperwork to complete the grant application, as requested in the memorandum of March 12, 2014. 8.E. MISCELLANEOUS BUDGET AMENDMENT 010 ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved Resolution 2014-021, amending the Fiscal Year 2013-2014 Budget. 8.F. AMEND RESOLUTION Na 2003-I5I - TEMPORARY WATER CONNECTION AGREEMENT (POTABLE WATER) Vice Chairman Davis and Administrator Joseph Baird discussed the ability to finance the water line for the duration of the extension. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Solari, the Board unanimously approved Resolution 2014-022, authorizing the County Administrator to execute Temporary Water Connection Agreements on behalf of the Board. March 11, 2014 7 8.G. REQUEST FOR PURCHASE OF SODIUM HYPOCHLORITE TANKS FOR THE NORTH COUNTY RD WATER PLANT ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously authorized the Purchasing Department to issue a Purchase Order to Ryan Herco Flow Solutions for $81,970.00, for the purchase of three (3) 6,500 gallon Snyder Captor tanks, as recommended in the memorandum of February 24, 2014. 8.H. APPROVAL OF BID AWARD FOR IRC BID No. 2014006 CENTRAL WWTP SLUDGE HOLDING TANK MODIFICATIONS AND REQUEST FOR BUDGET AMENDMENT ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously approved the bid award to R. J. Sullivan Corp., of Pompano Beach as the lowest most responsive and responsible bidder meeting the specifications as set forth in the Invitation to Bid; approved the sample Agreement, and authorized the Chairman to execute said Agreement after it has been approved by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required Certificate of Insurance and Public Construction Bond, as recommended in the memorandum of March 4, 2014. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD March 11, 2014 8 S.I. AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING TO CONSIDER REVISING COUNTY CODE CHAPTER 308, INDIAN RIVER COUNTY HOUSING ASSISTANCE PROGRAM ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board unanimously authorized staff to advertise for a Public Hearing to update and revise County Code Chapter 308, Indian River County Housing Assistance Program, as recommended in the memorandum of February 26, 2014. 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) 10.A.1. CONSIDERATION OF AN ORDINANCE TO TEMPORARILY EXTEND THE SUSPENSION OF THREE IMPACT FEES FOR ONE YEAR OR UNTIL THE CURRENT IMPACT FEE REVIEW IS COMPLETED AND A NEW IMPACT FEE SCHEDULE IS APPROVED AND BECOMES EFFECTIVE, WHICHEVER OCCURS FIRST (LEGISLATIVE) Community Development Director Stan Boling recapped the February 26, 2014 memorandum to provide description, analysis and alternatives relating to the extension of a one year suspension of three impact fees - Public Buildings, Correctional Facilities, and Solid Waste Facilities. He recommended the Board consider adoption of the ordinance to temporarily suspend the three impact fees for one year, or until the current impact fee review is completed and a new impact fee schedule is approved and becomes effective, whichever occurs first. March 11, 2014 9 PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman opened the Public Hearing. Keith Kite, Kite Properties, felt that many local businesses in the County would benefit from extending the suspension of impact fees. Andrew Kennedy, 3705 Ocean Drive, stressed the positive impacts to extending the suspension of impact fees. There being no other speakers, the Chairman closed the Public Hearing. ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman Davis, the Board by a 4-1 vote (Commissioner Solari opposed) adopted Ordinance 2014- 004, amending Title X, Impact Fees, of the Code of Indian River County to amend Code Section 1000.06 "Imposition" to provide an exception temporarily suspending for one year or until the current Impact Fee review is completed and a new Impact Fee Schedule is approved and becomes effective, whichever occurs first, the Imposition of Impact Fees for Public Buildings Correctional Facilities, and Solid Waste Facilities; and providing for codification; severability; and effective date. Director Boling provided the Board with an update on the actions that have been ongoing since the January 22, 2014 Impact Fee Workshop He said there is still work to be done on other issues relating to impact fees, and conveyed that staff believes the Board should consider separating the non-residential impact fees, consider moving forward with adopting these fees, and allow those rates to go into effect earlier than residential rates. March 11, 2014 10 He thereafter sought direction to move forward with a 30 -day notice to municipalities, and come back to the Board on April 22nd with a public hearing to adopt fee schedule changes for non-residential. MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman O'Bryan, to bifurcate the Residential Impact Fees from the Non -Residential Impact Fees, and move forward with the Non -Residential Impact Fee schedule and the appropriate legal notice as soon as possible. Attorney Reingold requested clarification regarding the language in the ordinance, since the two Impact Fees will be bifurcated, under Section One Item (1) whereby it would state, "In the event the new impact fee schedule is approved in parts, the temporary suspension will not apply to those uses which are subject to the approved impact fee schedule." Essentially, the temporary suspension would roll off when the lower rates are adopted, but it would stay in effect for the rates that were not changed. MOTION WAS AMENDED by Commissioner Solari, SECONDED by Chairman O'Bryan, to include the following phrase in the Ordinance: "In the event the new impact fee schedule is approved in parts the temporary suspension will not apply to those uses which are subject to the approved impact fee schedule." A brief discussion ensued regarding non-residential projects and growth rate calculations. March 11, 2014 11 The Chairman CALLED THE QUESTION and the Motion carried unanimously The Board approved: (1) to bifurcate the Residential Impact Fees from the Non - Residential Impact Fees, and move forward with the Non - Residential Impact Fee Schedule and the appropriate legal notice as soon as possible; (2) to include the following phrase in the Ordinance: "In the event the new impact fee schedule is approved in parts, the temporary suspension will not apply to those uses which are subject to the approved impact fee schedule." Attorney Bruce Barkett sought and received clarification regarding the three suspended impact fees. 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM ALTHEA MCKENZIE REGARDING GIFFORD EXPENSE ANALYSIS FY 2013-14 Althea McKenzie, 2405 loth Avenue, thanked staff for providing her with the Gifford Expense Analysis report that she had requested. She sought further clarification regarding the report, disagreed with some of the analysis, and suggested certain figures be backed -out of the report for a more comparative review. She also questioned a utility bill where someone was paying an additional $8.00 fee per month to the City of Vero Beach for the light outside their home, and reiterated her concerns over the level of commitment of dollars needed to improve the Gifford community. NO BOARD ACTION REQUIRED OR TAKEN March 11, 2014 12 IO.B.2. REQUEST TO SPEAK FROM JACQUE WARRIOR REGARDING GOVERNOR SCOTT'S RACE BASED EDUCATIONAL GOALS Jacque Warrior, 4190 East 16th Square, discussed Governor Rick Scott's race -based educational goals. She provided statistics regarding proficiency levels and goals for math and reading; voiced opposition to legislation that lowers expectations for certain students and requested that the Commissioners individually sign a petition of opposition, present a letter of' support to Governor Rick Scott stating that the Commissioners support equal educational goals for all public school students; and support the event sponsored by the Gifford Youth Activity Center called Community Call to Action, scheduled for March 27, 2014, from 6:00 p.m. to 7:30 p.m. MOTION WAS MADE by Commissioner Flescher, SECONDED by Chairman O'Bryan, to move forward with a letter of support to Governor Rick Scott to support the action of equality by assessment and consideration of all students in equal value. Chairman O'Bryan supported the motion in concept but wanted to give staff time to come back with additional backup and documentation about the program, and reach out to the School District. Vice Chairman Davis stated that he does not know enough about the program to vote on this item today. Commissioner Solari requested more time to review the program. Commissioner Zorc said he was familiar with targeted standards and goals, and believed they are goals to help improve all students. March 11, 2014 13 Administrator Baird stated that he would obtain more material from Mrs. Warrior and provide it to the Board He also said he would reach out to the School Board, but was uncertain if they would get back with him in a timely manner. A brief debate ensued among the Commissioners pertaining to whether a letter should be sent to Governor Scott before staff has had a chance to research the situation further. MOTION WAS AMENDED by Commissioner Flescher, SECONDED by Chairman O'Bryan to direct staff to obtain more information regarding Governor Scott's education policy, and bring it back to the Board as soon as possible. Wanda Scott, 4306 26th Avenue, voiced concerns over some of Gifford's infrastructure; questioned the numbers in the budget; explained how African-American children are demographically measured/scored in the school system; and said she supported Ms. Warrior's efforts to establish equal educational goals for all students. Freddie Woolfork, 4590 57th Avenue, pointed out that Ms. McKenzie and Ms. Scott's comments were both relating to "fairness", and stressed that fairness is what the Gifford Neighborhood Plan is all about. He said that residents of Gifford do not always see the monies that have been spent in the community, but agreed with Ms. McKenzie that some of the items that staff counted toward the Gifford interior structures should be removed. He informed the Board that he is working with staff and the Gifford community to find the various areas where money has been spent, and will identify the areas that still require attention. He also voiced his support for Ms. Warriors' educational goals. Discussion ensued regarding fairness in the school system; the structure of how to move this forward to achieving the objective; and contacting the Board of Education. March 11, 2014 14 The Chairman CALLED THE QUESTION, and the Motion carried unanimously. The Chairman called for a break at 11:17 a.m., and reconvened the meeting at 11:27 a.m., with all members present. 10. C. PUBLIC NOTICE ITEMS - NONE 11. COUNTY ADMINISTRATOR MATTERS 11.A. ADDITION: EMERGENCY ITEM - AWARD OF BID No. 2014026 - INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE IMPROVEMENTS TO SKEET AND TRAP FACILITY PHASE 1, IRC PROJECT NO. 1213 Assistant County Administrator Michael Zito introduced the award of bid to Ag-Scape Services for improvements to the Indian River County Shooting Range. He noted that the funding had been approved several months ago, and explained why staff chose to bid the project in the alternative. He relayed that staff recommends Alternate Bid No. 2, in the amount of $100,119, which will satisfy the requirements of the Shooting Industry Masters event organizers. MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman Davis, to: (1) award the bid to Ag-Scape Services for the construction included in Alternative Bid No. 2, in the amount of $100,119.00; (2) approve the sample Agreement; and (3) authorize the Chairman to execute said Agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance, and after the County Attorney has approved the Agreement as to form and legal sufficiency. March 11, 2014 15 Commissioner Zorc sought further information regarding skeet stations in the Masters Tournament The Chairman CALLED THE QUESTION and the Motion carried unanimously. CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE STRUCTURES LOCATED AT 4196 29TH AVENUE, 4460 33RD AVENUE, AND 1865 38TH LANE Building Official Scott McAdam recapped his memorandum dated February 13, 2014, pertaining to the demolition of three condemned properties located at 4196 29 h Avenue (Daisy Mae Holmes, Eluah Cannon Jr., and Joe Nathan Bullock); 4460 331d Avenue (Julia Mae Brown), and 1865 38th Lane (Mattie Nichols). He reported that the structures were found to be unsafe and detrimental to the health, safety, and general welfare of the public. He recommended the Board declare the structures unsafe and a nuisance, order them demolished, and approve the Resolution to recover the County's demolition costs. MOTION WAS MADE by Commissioner Flescher„ SECONDED by Vice Chairman Davis, to move forward with staff's recommendation. Chairman O'Bryan and Vice Chairman Davis sought and received further clarification regarding the properties, their owners, and tax liens. March 11, 2014 16 The Chairman CALLED THE QUESTION, and the Motion carried unanimously. The Board• (1) declared the structures located at 4196 29th Avenue, 4460 33rd Avenue, and 1865 38th Lane unsafe and a nuisance; (2) ordered the buildings demolished with related debris removed from the property by a private vendor that is approved through standard bid procedures; and (3) approved Resolution 2014-023, providing for the demolition of unsafe structures and the recovery of costs. 12.A.2. BOARD CONSIDERATION OF Sr. CHRISTOPHER HARBOR HOMEOWNERS ASSOCIATION'S REQUEST THAT THE COUNTY APPLY FOR A FLORIDA INLAND NAVIGATION DISTRICT COST -SHARE GRANT AND FUND A COST - SHARE MATCH FOR CHANNEL RESTORATION AT HEAD ISLAND (A.K.A. THE GREEN SALT MARSH LAA C SITE) Chief of Environmental Planning and Code Enforcement Roland DeBlois reviewed his memorandum dated March 3, 2014. He provided background, conditions, analysis, and funding information pertaining to the proposed Head Island channel restoration for the residents of St. Christopher Harbor. He reported that the St. Christopher Harbor Homeowners Association (HOA) has requested that the County consider applying for the Florida Inland Navigation District (FIND) cost -share grant, and provide matching funds for the construction of the channel restoration project. He recommended the Board authorize staff to apply for a FIND grant, and authorize the expenditure of $71,500, as a County match for the project. The Commissioners sought further clarification regarding project priority comparisons, County cost-sharing, and who would/would not benefit from the project. Chairman O'Bryan suggested County staff apply for the FIND grant, and the County and St. Christopher Harbor HOA split the $71,500. March 11, 2014 17 MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman O'Bryan, to authorize: (1) staff to apply for a Florida Inland Navigation District Waterways Assistance Program Grant for the Head Island Channel Restoration Project; and (2) the expenditure of up to $35,750 in the Florida Boating Improvement Fund Reserves as a County match for the project, provided the St. Christopher Harbor Homeowners Association matches the County expenditure. Chairman O'Bryan commented on previous County cost-sharing projects, and this contribution being a fair compromise. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE March 11, 2014 18 12.H. RECREATION NONE 12.1. PUBLIC WORKS - NONE 12.J. UTILITIES SERVICES 12.J.1. WEST WABASSO SEWER AND DRAINAGE IMPROVEMENTS PHASE 1 IMPACT FEE REFUNDS - UCP 4078 Capital Projects Manager Arjuna Weragoda provided background regarding the construction of the centralized sewer system completed in July of 2013, in the West Wabasso community, and recalled that when the Department of Economic Opportunity (DEO) completed their field monitoring visit, they found that the County had incorrectly charged impact fees on ten low and moderate income households. He requested the Board authorize a refund of impact fees to those households, and the use of the General Fund Reserve for Contingency. ON MOTION by Vice Chairman Davis, SECONDED by Commissioner Solari, the Board unanimously approved: (1) the use of General Fund Reserve for Contingency to cover $28,000 in Impact Fees; and (2) the necessary budget amendment, as recommended in the memorandum of March 3, 2014. 13. COUNTY ATTORNEY MATTERS 13.A. CODE ENFORCEMENT LIEN LOCATED AT 168 35TH SQUARE SW WATER'S EDGE SUBDIVISION Deputy County Attorney William DeBraal reviewed his memorandum dated March 5, 2014. He provided background on the single-family house located at 168 35th Square SW, in Water's Edge Subdivision. He spoke about the foreclosure against the property owner (Rose March 11, 2014 19 Cunningham), the Code Enforcement action against the mortgage holder (Deutsche Bank National), and how the property has recently come within compliance through the prospective new owners (Carla and Steven Greenawalt). He recommended the Board take action to remove the code enforcement lien from the property so the Greenawalts can close on the property, move in, and rehabilitate it. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Commissioner Flescher, to approve setting a fine certain of $1,700.00, in Code Case No. 2012-20007, and uponpayment of the fine, satisfy Ym p its lien against the property. The Commissioners briefly discussed the amount of the enforcement lien, and clarified the process of clearing the title. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 14. COMMISSIONER ITEMS 14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 14.A.1. ADDITION: EMERGENCY ITEM - CORRESPONDENCE FROM FRED MENSING Chairman O'Bryan informed fellow Commissioners that he had received correspondence from Fred Mensing at his personal residence, and since it deals with County business, felt it appropriate to put it on the Agenda so it will be public record. Fred Mensing, 7580 129 Street, spoke to the contents of the letter he had sent to Chairman O'Bryan regarding the ongoing litgation. NO BOARD ACTION REQUIRED OR TAKEN March 11, 2014 20 14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 14.B.1. MAINTENANCE OF A PARCEL OF LAND Vice Chairman Davis sought direction from fellow Commissioners regarding the possible maintenance/cleanup of a parcel of land east of US 1, north of Indian River Drive, and immediately south of the Brevard/Indian River County line, called Moores Point Park, and owned by the Florida Department of Transportation (FDOT). Chairman O'Bryan told Vice Chairman Davis that if he has staff draft a letter, he would execute and send it to FDOT. MOTION WAS MADE by Vice Chairman Davis, SECONDED by Commissioner Solari to direct staff to draft a letter to the Florida Department of Transportation requesting they maintain their property at Moores Point Park. A brief discussion ensued regarding the draft letter. The Chairman CALLED THE QUESTION and the Motion carried unanimously. 14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.D. COMMISSIONER BOB SOLARI - NONE March 11, 2014 21 14.E. COMMISSIONER TIMZORC 14.E.1. CITY OF VERO BEACH ELECTRIC SALE DISCUSSIONS (Clerk's Note: This item was heard in conjunction with Item S.B., and is placed here for continuity) Commissioner Zorc expressed that if the Resolution can be available at the next Board of County Commission meeting, he would hand -deliver it to the City of Vero Beach for their evening meeting. 14.E.2. GO -LINE TRANSPORTATION HUB Commissioner Zorc updated the Board on recent conversations between the Airport Commission and the Airport Director's office regarding the Go -Line Transportation Hub, and described the pros and cons of moving the location from the planned 17th Street location to the Vero Beach Municipal Airport. Vice Chairman Davis suggested Commissioner Zorc present his information at the next Metropolitan Planning Organization meeting. NO BOARD ACTION REQUIRED OR TAKEN 15. SPECIAL DISTRICTS AND BOARDS /5.A. EMERGENCY SERVICES DISTRICT - NONE 15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 15.C. ENVIRONMENTAL CONTROL BOARD - NONE March 11, 2014 22 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 meeting adjourned at 12:15 p.m. ATTEST: aZ GA( Jeffrey R. Smith, CPA, CGFO, CGMA Peter D. O'Bryan, Chairman Clerk of Circuit Court and Comptroller By: BCC/LA/2014Minutes Approved: APR 2 2 2014 March 11, 2014 23