HomeMy WebLinkAbout05/13/2014MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 13, 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
District 4
District 1
District 2
District 5
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, Indian River County
Sheriff Department
Commissioner Peter D. O'Bryan, Chairman
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Marge Gruber on Her Retirement
from the Indian River County Supervisor of Elections Office
B. Presentation of Proclamation Designating May 16, 2014 as Indian River
County's Bike to Work Day
May 13, 2014
PAGE
1
2
Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Recognizing May 11 Through May 17, 2014 as
National Police Week 3
D. Presentation of Proclamation Recognizing May 12 — 16, 2014, as Small
Business Week 4
6. APPROVAL OF MINUTES
A. Regular Meeting of April 8, 2014
7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Retirement Award and Proclamation Honoring Kenneth S. Ellis on His
Retirement from Indian River County Board of County Commissioners
Department of General Services/Recreation Division with Twelve Years of
S ervice
5-6
8. CONSENT AGENDA
A. Approval of Warrants — April 25, 2014 to May 1, 2014
(memorandum dated May 1, 2014) 7-14
B. Quarterly Investment Report for Quarter Ending 03/31/2014
(memorandum dated April 25, 2014) 15-27
C. Quarterly OPEB Trust Report for Quarter Ending 03/31/2014
(memorandum dated April 25, 2014) 28-30
D. Dori Slosberg Driver Education Safety Act Indian River County Traffic
Education Program Trust Fund Financial Report for Period Ending 3-31-14
(memorandum dated April 30, 2014)
E. Resolution Canceling Taxes on Property Acquired by the County for C.R.
510 Right -of -Way
(memorandum dated May 1, 2014)
31-32
33-46
F. Approval of FY 2014/15 and 2015/16 Radiological Emergency Preparedness
Agreement (REP Grant)
(memorandum dated April 28, 2014)
47-58
G. Request for purchase of Sodium Hypochlorite Tanks for the South County
RO Water Plant
(memorandum dated May 2, 2014)
59-64
May 13, 2014 Page 2 of 6
8. CONSENT AGENDA PAGE
H. F.D.O.T. Transportation Regional Incentive Program (TRIP) Agreement
Amendment No. 2 and Resolution Authorizing the Chairman's Signature
IRC Project No. 0545B — 66th Avenue from SR -60 to 41St Street
FM#: 425883-1-58-01
(memorandum dated May 2, 2014) 65-83
I. Osprey Marsh Stormwater Park: Approval of a Construction Change Order
Required by Indian River Farms Water Control District
(memorandum dated May 7, 2014)
J. HUD Grant Renewals for Homeless Management Information System
(HMIS) and Continuum of Care (CoC) Program
(memorandum dated May 6, 2014)
84-94
95-101
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. beryl Loar, Indian River County Sheriff
Application for FY 2014 Edward Byrne Memorial Justice Assistance Grant
Formula Program* Local Solicitation
(letter dated April 30, 2014)
10. PUBLIC ITEMS
102-111
A. PUBLIC HEARINGS
1. Consideration of County -Initiated Land Development Regulation
(LDR) Amendment to Create Section 911.29, Special Overlay
Regulations for the West Gifford Industrial and Commerce (WGIC)
Area on 163 Acres of Property in West Gifford Zoned IG (General
Industrial)
(memorandum dated May 5, 2014)
(Legislative)
112-167
B. PUBLIC DISCUSSION ITEMS
(As a general rule public discussion items should be limited to matters on which the
commission may take action.)
1. Request to Speak from Jeff Meade, STIRLEN Save the Indian River
Lagoon Estuary Now Regarding Indian River Lagoon Pilot Projects
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
168
May 13, 2014 Page 3 of 6
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
1
Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E Office of Management and Budget
1. Miscellaneous Budget Amendment 015
(memorandum dated May 7, 2014) 169-174
F.
Public Works
None
G. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Division of Emergency Management Request for Reimbursement of
$1,731,742.37 Relating to FEMA Appeal
(memorandum dated May 6, 2014)
175-200
May 13, 2014 Page 4 of 6
13. COUNTY ATTORNEY MATTERS PAGE
B. County Attorney's Annual Employment Agreement
(memorandum dated May 2, 2014) 201-205
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Brvan, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Joseph E. Flescher
None
D.
Commissioner Bob Solari
1. All Aboard Florida (AAF)
(memorandum dated May 7, 2014) 206-207
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes — Meeting of April 8, 2014
C.
2. 2014 Master Plan Update — Summary of Technical Memorandums 1
through 3
(memorandum dated May 5, 2014)
Environmental Control Board
None
16. ADJOURNMENT
208-209
May 13, 2014 Page 5 of 6
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.
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.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the 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.
May 13, 2014 Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
MAY 13, 2014
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEM 1
ADD: EMERGENCY ITEM 14.D.2. THE HIGH COST OF AN UNREGULATED MONOPOLY 2
RESCHEDULED: ITEM 10.B.1. REQUEST TO SPEAK FROM JEFF MEADE, SAVE THE INDIAN
RIVER LAGOON ESTUARY Now (STIRLEN) REGARDING INDIAN RIVER
LAGOON PILOT PROJECTS RESCHEDULED TO MAY 20, 2014 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING MARGE GRUBER ON HER
RETIREMENT FROM THE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
OFFICE 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 16, 2014 AS INDIAN
RIVER COUNTY'S BIKE TO WORK DAY 2
5.C. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 11 THROUGH MAY 17,
2014 AS NATIONAL POLICE WEEK 3
May 13, 2014 1
5.D. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 12 - 16, 2014, AS
SMALL BUSINESS WEEK 3
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF APRIL 8, 2014 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. RETIREMENT AWARD AND PROCLAMATION HONORING KENNETH S ELLIS ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/RECREATION DIVISION
WITH TWELVE YEARS OF SERVICE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - APRIL 25, 2014 TO MAY 1, 2014 4
8.B. QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 03/31/2014 4
8.C. QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 03/31/2014 4
8.D. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND FINANCIAL REPORT FOR PERIOD
ENDING 3/31/14 5
8.E. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE COUNTY FOR
C.R. 510 RIGHT-OF-WAY 5
8.F. APPROVAL OF FY 2014-15 AND 2015-16 RADIOLOGICAL EMERGENCY
PREPAREDNESS AGREEMENT (REP GRANT) 5
8.G. REQUEST FOR PURCHASE OF SODIUM HYPOCHLORITE TANKS FOR THE SOUTH
COUNTY REVERSE OSMOSIS (RO )WATER PLANT 6
8.H. F.D.O.T. TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
AGREEMENT AMENDMENT No. 2 AND RESOLUTION AUTHORIZING THE
CHAIRMAN'S SIGNATURE IRC PROJECT No. 0545B - 66TH AVENUE FROM SR -60
TO 41ST STREET FM#: 425883-1-58-01 6
8.I. OSPREY MARSH (F/K/A/ PC SOUTH) STORMWATER PARK' APPROVAL OF A
CONSTRUCTION CHANGE ORDER REQUIRED BY INDIAN RIVER FARMS WATER
CONTROL DISTRICT 7
May 13, 2014 2
8.J. HUD GRANT RENEWALS FOR HOMELESS MANAGEMENT INFORMATION SYSTEM
(HMIS) AND CONTINUUM OF CARE (COC) PROGRAM 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 8
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 8
APPLICATION FOR FY 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT FORMULA PROGRAM' LOCAL SOLICITATION 8
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARINGS 8
10.A.1. CONSIDERATION OF COUNTY -INITIATED LAND DEVELOPMENT REGULATION
(LDR) AMENDMENT TO CREATE SECTION 911.29, SPECIAL OVERLAY
REGULATIONS FOR THE WEST GIFFORD INDUSTRIAL AND COMMERCE (WGIC)
AREA ON 163 ACRES OF PROPERTY IN WEST GIFFORD ZONED IG (GENERAL
INDUSTRIAL) (LEGISLATIVE) 8
10.B. PUBLIC DISCUSSION ITEMS 12
10.B.1. RESCHEDULED. REQUEST TO SPEAK FROM JEFF MEADE, SAVE THE INDIAN
RIVER LAGOON ESTUARY Now (STIRLEN) REGARDING INDIAN RIVER
LAGOON PILOT PROJECTS 12
10.C. PUBLIC NOTICE ITEMS - NONE 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT - NONE 12
12.B. EMERGENCY SERVICES - NONE 12
12.C. GENERAL SERVICES - NONE 12
12.C.1. HUMAN SERVICES - NONE 12
12.C.2. SANDRIDGE GOLF CLUB - NONE 12
12.C.3. RECREATION - NONE 12
12.D. HUMAN RESOURCES - NONE 12
12 E OFFICE OF MANAGEMENT AND BUDGET 12
12.E.1. MISCELLANEOUS BUDGET AMENDMENT 015 13
May 13, 2014 3
12.F. PUBLIC WORKS - NONE 13
12.G. UTILITIES SERVICES - NONE 13
13. COUNTY ATTORNEY MATTERS 13
13.A. DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR REIMBURSEMENT OF
$1,731,742.37 RELATING TO FEMA APPEAL 13
13.B. COUNTY ATTORNEY'S ANNUAL EMPLOYMENT AGREEMENT 15
14. COMMISSIONERS MATTERS 15
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 15
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 15
14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 15
14.D. COMMISSIONER BOB SOLARI 15
14.D.1. ALL ABOARD FLORIDA (AAF) 15
14.D.2. THE HIGH COST OF AN UNREGULATED MONOPOLY 16
14 E COMMISSIONER TIM ZORC - NONE 17
15. SPECIAL DISTRICTS AND BOARDS 17
15.A. EMERGENCY SERVICES DISTRICT - NONE 17
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 17
15.B.1. APPROVAL OF MINUTES - MEETING OF APRIL 8, 2014 18
15.B.2. 2014 MASTER PLAN UPDATE - SUMMARY OF TECHNICAL MEMORANDUMS 1
THROUGH 3 18
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 18
16. ADJOURNMENT 18
May 13, 2014 4
JEFFREY R. SMITH
Clerk to the Board
May 13, 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, May 13, 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
Deputy Teddy Floyd, Indian River County Sheriff's Department, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEM
May 13, 2014 1
Chairman O'Bryan requested the following changes to the Agenda:
Add: Emergency Item 14.D.2. The High Cost of an Unregulated Monopoly
Rescheduled: Item 10.B.1. Request to Speak from Jeff Meade, Save the Indian River
Lagoon Estuary Now (STIRLEN) Regarding Indian River Lagoon Pilot
Proiects Rescheduled to May 20, 2014
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING MARGE GRUBER ON
HER RETIREMENT FROM THE INDIAN RIVER COUNTY SUPERVISOR OF
ELECTIONS OFFICE
Vice Chairman Davis read and presented the Proclamation to Marge Gruber, who was
accompanied by elections office staff and Supervisor of Elections Leslie Swan.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 16, 2014 AS
INDIAN RIVER COUNTY'S BIKE TO WORKDAY
Commissioner Zorc read and presented the Proclamation to Sharon LaPointe and Larry
Hershbarger.
May 13, 2014 2
S.C. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 11 THROUGH
MAY 17, 2014 AS NATIONAL POLICE WEEK
Chairman O'Bryan read and presented the Proclamation to Sheriff Deryl Loar; Florida
Fish and Wildlife Conservation Captain Roe; Fellsmere Police Chief Keith Touchberry; Orchid
Island Police Chief Phil Redstone; Victim Assistance Coordinator Shirley Roseman; Vero Beach
Police. Chief David Currey; Indian River Shores Police Chief Mike Jacobs and Sebastian Police
Chief Michelle Morris, the officers were accompanied by law enforcement staff.
S.D. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 12 -16, 2014,
AS SMALL BUSINESS WEEK
Commissioner Solari read and presented the Proclamation to Penny Chandler and Helene
Caseltine, Indian River Chamber of Commerce; and Billy Chavers and Jeff Schlitt representing
small businesses.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF APRIL 8, 2014
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the minutes of the April 8, 2014 meeting as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
May 13, 2014 3
7.A. RETIREMENT AWARD AND PROCLAMATION HONORING KENNETH S.
ELLIS ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS DEPARTMENT OF GENERAL
SERVICES/RECREATIONDIVISION WITH TWELVE YEARS OF SERVICE
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS - APRIL 25, 2014 TO MAY 1, 2014
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of April 25, 2014 to May 1,
2014, as requested in the memorandum of May 1, 2014.
8.B. QUARTERLY INVESTMENT REPORT FOR QUARTER ENDING 03/31/2014
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Indian River County Investment Advisory Committee
Quarterly Investment Report for January 1, 2014 through
March 31, 2014, as recommended in the memorandum of
April 25, 2014.
8. C QUARTERLY OPEB TRUST REPORT FOR QUARTER ENDING 03/31/2014
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the quarterly Other Post -Employment Benefits (OPEB)
May 13, 2014 4
Trust Report for six months ending March 31, 2014, as
recommended in the memorandum of April 25, 2014.
8.D. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND FINANCIAL
REPORT FOR PERIOD ENDING 3/31/14
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the Traffic Education Program Trust Fund Financial
Report, as recommended in the memorandum of April 30,
2014.
8.E. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE
COUNTY FOR C.R. 510 RIGHT -OF- WA Y
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2014-041, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Purchased by Indian River County from 510 Industrial
Park, Inc., Public Purpose: right-of-way for CR 510)
8.F. APPROVAL OF FY2014-1 S AND 2015-16 RADIOLOGICAL EMERGENCY
PREPAREDNESS AGREEMENT (REP GRANT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
May 13, 2014 5
and authorized the Chairman to execute the Fiscal Year
2014-2015 and Fiscal Year 2015-2016 Radiological
Emergency Preparedness Agreement with Florida Power
& Light (FPL), as recommended in the memorandum of
April 28, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. REQUEST FOR PURCHASE OF SODIUM HYPOCHLORITE TANKS FOR THE
SOUTH COUNTY REVERSE OSMOSIS (RO ) WATER PLANT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to waive the formal bid process and authorized the
Purchasing Department to issue a Purchase Order to Ryan
Herco Flow Solutions for $52,889.46 for the replacement
of two additional 5,500 gallon tanks for the South County
Reverse Osmosis (RO) plant, as recommended in the
memorandum of May 2, 2014.
8.H. F.D.O. T. TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
AGREEMENT AMENDMENT NO.2 AND RESOLUTION AUTHORIZING THE
CHAIRMAN'S SIGNATURE IRC PROJECT NO. 0545B - 66THAVENUE
FROM SR -60 TO 415T STREETFM#: 425883-1-58-01
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2014-042 with the Florida Department of
Transportation authorizing the Chairman's execution of
May 13, 2014 6
Amendment No. 2 to the Transportation Regional
Incentive Program Agreement FM No. 425883-1-58-01
for construction (widening and reconstruction) along 66th
Avenue from SR 60 to 40 Street.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. OSPREY MARSH (F/K/A/ PC SOUTH) STORMWATER PARK: APPROVAL OF
A CONSTRUCTION CHANGE ORDER REQUIRED BY INDIAN RIVER FARMS
WATER CONTROL DISTRICT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
and authorized the Chairman to execute Change Order No.
3 with Close Construction, LLC, as recommended in the
memorandum of May 7, 2014.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.J. HUD GRANT RENEWALS FOR HOMELESS MANAGEMENT INFORMATION
SYSTEM (HMIS) AND CONTINUUM OF CARE (COC) PROGRAM
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
acknowledged the renewal of awards by the Federal
Department of Housing and Urban Development (HUD)
in the aggregate amount of $725,881.00 (2) upon receipt
of the original HUD agreements and with approval by the
County Attorney, authorized the Board Chairman to
execute same; and (3) allowed the Treasure Coast
May 13, 2014 7
Homeless Services Council to submit the grant agreement
on behalf of the County, as recommended in the
memorandum of May 6, 2014.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
APPLICATION FOR FY 2014 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT FORMULA PROGRAM: LOCAL SOLICITATION
Sheriff Deryl Loar introduced Amber Grier, the new Grants Coordinator for the Indian
River County Sheriff's Department
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously
authorized the Indian River County Sheriff's Office to use
the Fiscal Year 2014 Edward Byrne Memorial Justice
Assistance Grant (JAG)* Local Solicitation funds in the
amount of $24,877.00, to purchase needed information
technology items listed as computer hardware, server
software, and file storage server data, as requested in the
memorandum of April 30, 2014.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. CONSIDERATION OF COUNTY -INITIATED LAND DEVELOPMENT
REGULATION (LDR) AMENDMENT TO CREATE SECTION 911.29,
SPECIAL OVERLAY REGULATIONS FOR THE WEST GIFFORD INDUSTRIAL
May 13, 2014 8
AND COMMERCE (WGIC) AREA ON 163 ACRES OF PROPERTY IN WEST
GIFFORD ZONED IG (GENERAL INDUSTRIAL) (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 recalled the Board's direction on
February 18, 2014 for staff to initiate the formal Land Development Regulation (LDR)
amendment process to create the West Gifford Industrial and Commerce Area (WGIC). He used
a PowerPoint Presentation (copy on file) to provide background, description, and analysis on the
proposed special overlay regulations for the area, which will eliminate certain industrial uses and
add others. He said that agreement has been reached on three uses that were concerning to
Gifford residents, as follows: (1) Mulch Facility Uses must comply with specific criteria for fire
protection and dust control, (2) Demolition Debns Facilities and Concrete Batch Plants will be
Special Exception Uses subject to specific criteria and the public hearing process. Director
Boling disclosed that new aesthetic upgrade requirements are proposed for junk yards fronting
45th Street to put in landscaping or a wall, and that the Planning & Zoning Commission (P&Z)
has recommended that the Board adopt time-limited incentives to expedite the permitting
process, provide reimbursement for wall -related permitting fees, and assist with construction
costs. He thereafter asked the Board to proceed with the public hearing.
Commissioner Zorc spoke to the proposal for junk yard owners to construct an aesthetic
eight -foot wall. He noted that there was a possibility of constructing some type of blended wall
that would be less expensive.
Director Boling suggested amending the wording in the regulations to say "...the
requirement to provide a wall or similar structure with aesthetic features or continuous vegetative
screening..."
May 13, 2014 9
Further discussion ensued about the requirement to construct the aesthetic wall, how it
will affect the existing junk yards, and P&Z's recommendation to assist the junk yard owners
with funding to help with construction costs.
Chairman O'Bryan stated that if the Board approves to reimburse the business owners for
permitting fees for the required walls, Mr. Scrap and other junk yard owners who have already
paid fees to build a wall, should get an equal refund.
The Chairman opened the Public Hearing.
The following individuals spoke in support of staff's recommendation to create special
WGIC overlay regulations:
Marcie Nolan, Becker & Poliakoff Law Firm
Joe Idlette, 4570 57th Avenue
Dan Lamson, 737 Timber Ridge Trail, representing the Indian River Neighborhood
Association
Penny Chandler, Indian River County Chamber of Commerce
The following individuals spoke in opposition to staffs recommendation to create
special WGIC overlay regulations:
Althea McKenzie, 2405 16th Avenue
William Mosley, Gifford Economic Development Council
Kathleen Jaskolski, 5211 Eleuthra Circle, requested that the Health Department
conduct a study of the air quality in the West Gifford area.
The following individuals presented general comments:
May 13, 2014 10
Jeff Thompson, Seville Avenue
Leonard Kaczynski, Lakes at Sandridge
There being no additional speakers, the Chairman closed the Public Hearing.
Chairman O'Bryan said that in accordance with Ms. Jaskolski's request, he would send a
letter requesting that the Health Department undertake an air quality study of the current airborne
contaminants in the West Gifford community.
Discussion ensued on the County's industrial Best Management Practices for the concrete
batch and demolition debris plants.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously: (1)
announced its intention to consider final adoption of the
West Gifford Industrial and Commercial District (WGIC)
overlay regulations at a final public hearing on Tuesday,
June 3, 2014 at 5:01 p.m., (2) directed staff to explore
financing options for the owners of junk yards fronting
45th Street with the costs of coming into compliance with
the proposed overlay regulations for the aesthetic upgrade
requirement to construct a wall or similar structure
including a reimbursement of permit fees for junk yard
owners who have already paid permit fees; and (3)
authorized staff to expedite the administrative approval
process for the subject proprietors.
The Chairman called a recess at 10:49 a.m., and reconvened the meeting at 11:04 a.m.,
with all members present.
May 13, 2014 11
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. RESCHEDULED: REQUEST TO SPEAK FROM JEFF MEADE, SAVE THE
INDIAN RIVER LAGOON ESTUARY NOW (STIRLEN) REGARDING
INDIAN RIVER LAGOON PILOT PROJECTS
The Chairman relayed Mr. Meade's request to reschedule this item.
10.C. PUBLIC NOTICE ITEMS NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.C.1. HUMAN SERVICES - NONE
12. C.2. SANDRIDGE GOLF CLUB - NONE
12. C.3. RECREATION - NONE
12.D. HUMAN RESOURCES - NONE
12.E. OFFICE OF MANAGEMENT AND BUDGET
May 13, 2014 12
12.E.1. MISCELLANEOUS BUDGET AMENDMENT 015
Chairman O'Bryan pointed out that there was one significant budget amendment of
$963,500 for some capital items for Road and Bridge.
Commissioner Zorc commented on the $100,000 allocation in the amendment for legal
expenses associated with hiring an attorney to assist with issues pertaining to the proposed sale
of the City of Vero Beach electric utility to Florida Power and Light.
After further discussion, the Board asked staff to include a line item for the above-
mentioned legal expenses in next year's budget, and to bring regular updates on additional
expenditures to the County Commission meetings.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
Resolution 2014-043, amending the Fiscal Year 2013-
2014 budget.
12.F. PUBLIC WORKS - NONE
12. G. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. DIVISION OF EMERGENCY MANAGEMENT REQUEST FOR
REIMBURSEMENT OF $1,731,742.37 RELATING TO FEMA APPEAL
County Attorney Dylan Reingold provided background and the conditions of the request
from the Florida Division of Emergency Management to reimburse $1,731,742.37 that was
disbursed by the State and by the Federal Emergency Management Agency (FEMA) for the
May 13, 2014 13
repair of the Rockridge sewer system after Hurricanes Jeanne and Frances. He relayed that
FEMA decided to deobligate those funds in 2010, and although the County has filed an appeal,
the State wants the County to reimburse them. Attorney Reingold thereafter explained his
recommendations to pay back said funds by the June 27, 2014 date in the State's letter of
request.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Zorc, to authorize staff to
remit to the State of Florida, a cash payment of
$1,731,742.37 in pennies, to satisfy the Florida Division
of Emergency Management's request for reimbursement
relating to the Federal Emergency Management Agency
(FEMA)'s deobligation of Federal funding provided for
the Rockridge Sewer Project.
A brief discussion ensued which led to an amendment to the Motion.
MOTION WAS AMENDED by Vice Chairman Davis,
SECONDED by Commissioner Zorc to authorize staff to
remit a check payable to the State of Florida for
$1,731,742.00 and a cash payment of thirty-seven pennies
($ .37), for a total payment of $1,731,742.37 to satisfy the
Florida Division of Emergency Management's Request for
reimbursement of $1,731,742.37 relating to the Federal
Emergency Management Agency (FEMA)'s deobligation
of Federal funding provided for the Rockndge Sewer
Proj ect.
Prior to the vote, citizens Althea McKenzie and Wanda Scott commented.
May 13, 2014 14
Chairman O'Bryan asked the County Attorney to include a cover letter with the
reimbursement, making it clear that the funds are not an indication of the County's position in
the litigation, and that if the County wins its appeal, the State will return the funds expeditiously.
The Chairman CALLED THE QUESTION, and the
Amended Motion carried unanimously.
13.B. COUNTY ATTORNEY'S ANNUAL EMPLOYMENT AGREEMENT
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher the Board unanimously approved
and authorized the Chairman to execute the County
Attorney Employment Agreement with Dylan T.
Reingold, as recommended in the memorandum of May 2,
2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONERS MATTERS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
14.C. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.D. COMMISSIONER BOB SOLARI
14.D.1. ALL ABOARD FLORIDA (AAF)
May 13, 2014 15
Commissioner Solari reported that in response to All Aboard Florida's (AAF) request,
the Federal Railroad Administration (FRA) has extended the comment period for the draft
Environmental Impact Statement (EIS) from 45 days to 75 days, and increased the public forums
they will be holding from six to eight days. He asked the Board to authorize him to ask the
Treasure Coast Regional Planning Council (TCRPC) to reiterate its request to FRA to increase
the public comment period to 90 days.
Discussion followed, as Chairman O'Bryan and Commissioner Solari commented on the
FRA and AAF.
The Board CONSENSUS was to authorize Commissioner
Solari to bring forward a request at the Treasure Coast
Regional Planning Council (TCRPC) meeting on May 16,
2014, for the TCRPC to reiterate its request to the Federal
Railroad Administration (FRA) to extend the public
comment period for the draft Environmental Impact
Statement (EIS) to 90 days.
14.D.2. THE HIGH COST OF AN UNREGULATED MONOPOLY
Commissioner Solari reported that a proviso was put into the State of Florida budget this
year for the Auditor General to conduct an audit (independent of its regular audit) of the Florida
Municipal Power Agency (FMPA). He suggested that the Board write a letter to the Auditor
General and the Governor requesting that the true economic value of FMPA and member equity
be addressed in the audit.
Chairman O'Bryan noted that the letter should include a request to the Governor to keep
the $200,000 appropriation for the audit in the budget.
May 13, 2014 16
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Zorc, to: (1) direct the
County Attorney to draft a letter to the Governor urging
him to: (a) leave the $200,000 of funding in the State
budget for an audit of the Florida Municipal Power
Agency (FMPA), and (b) ensure that FMPA's true
economic value and member equity are addressed in said
audit; (2) direct the County Attorney to draft a letter to the
Auditor General requesting that he address the true
economic value and member equity of FMPA in his audit
and (3) authorize the Chairman to execute the subject
letters.
Further discussion ensued about what to include in the letter.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
CORRESPONDENCE ON FILE IN THE OFFICE OF THE CLERK TO THE.BOARD
(Clerk's Note: Commissioner Zorc exited the meeting).
14.E. COMMISSIONER TIMZORC - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
May 13, 2014 17
The Board of the Emergency Services District reconvened as the Board of
Commissioners of the Solid Waste Disposal District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES — MEETING OF APRIL 8, 2014
15.B.2. 2014 MASTER PLAN UPDATE — SUMMARY OF TECHNICAL
MEMORANDUMS 1 THROUGH 3
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL RESOLUTIONS AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 12:23 p.m.
Jeffrey R. Smith, CPA, CGFO, CGMA Peter D. O'Bryan, Chairm
Clerk of Circuit Court and Comptroller
By:x.�. . O ,_ Approved JUN 1 7 2014
Deputy Clerk
BCC/MG/2014Minutes
May 13, 2014 18