HomeMy WebLinkAbout01/15/2013 (2)COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1.
2.
3.
4.
5.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 15, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 2
District 1
District 4
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich Sr , County Attorney
Jeffrey R. Smith, Clerk to the Board
Reverend Steve Jones, Vero Christian Church
Commissioner Joseph E Flescher, Chairman
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
PAGE
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating Indian River County as a Purple
Heart County 1
B. Presentation on the Indian River County Electronics Recycling Event on
Saturday, January 19th, 2013, at the Indian River County Fairgrounds by
Himanshu Mehta, Managing Director, Solid Waste Disposal District
(memorandum dated January 4, 2013)
January 15, 2013
2-3
43 PG 364
Page 1 of 5
6.
7.
8.
9.
APPROVAL OF MINUTES
None
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. City of Fellsmere Committee Appointees for 2013
(memorandum dated January 7, 2013)
PAGE
4-5
CONSENT AGENDA
A. Approval of Warrants — December 28, 2012 to January 3, 2013
(memorandum dated January 3, 2013)
B. Renewal of Microsoft Enterprise Agreements
(memorandum dated January 8, 2013)
6-12
13-34
C. Children's Services Advisory Committee's Annual Report, 2011-12
(memorandum dated December 18, 2012)
35-67
D. Work Order No 1 with KSM Engineering and Testing, Inc., South County
Regional Park Multi -Purpose Fields, IRC Project No. 1126
(memorandum dated January 2, 2013)
E. Approval of Renewal of the 800 MHz Communications System
Infrastructure Maintenance Contract with Communications International,
Inc.
(memorandum dated December 20, 2012)
68-74
75-90
Modification of Emergency Management Federally -Funded Subgrant
Agreement 13 -FG -86-10-40-01-098
(memorandum dated January 7, 2013)
91-95
G. Acceptance of the State Homeland Security Grant Program — Emergency
Management Subgrant Agreement 13 -DS -97 -08 -39 -01 -XXX
(memorandum dated January 7, 2013)
96-155
H. Conveyance of Perpetual Easement to Florida Department of Transportation
for New U.S. 1 South County Bridge
(memorandum dated January 7 2013)
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
156-162
Bt 143 PG 365
January 15, 2013 Page 2 of 5
10.
11.
12.
12.
PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
None
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 Jose Lambiet Regarding Gun Shows at the
Fair Ground 163
2. Request to Speak from Robert L Smith Regarding Initiating a
Change to the Non -Conformities Regulations to Eliminate the One
Year Cessation of Use Rule (Re-establish Grandfathered In Status
for 4380 38th Avenue)
164
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
None
DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
D.
Human Resources
None
E. Human Services
None
DEPARTMENTAL MATTERS PAGE
F. Leisure Services
None
January 15, 2013
it 143 PG 366
Page 3 of 5
13.
14.
14.
H.
Office of Management and Budget
None
Recreation
None
I• Public Works
None
J.
Utilities Services
1. Delay Reclaimed Water Rate Increase by One Year
(memorandum dated January 4, 2013)
165-174
COUNTY ATTORNEY MATTERS
A. Request for Advice and Closed Attorney -Client Session Relating to FVP
Miami Lakes v. Indian River County
(memorandum dated January 7, 2013)
175
B. Purchase of Overlapping Property on Regatta Drive from the Estate of
Daniel Kelly
(memorandum dated January 8, 2013)
C. Purchase of Property for Right-of-way Overlapping on Land owned by
Patrick Shawn Free
(memorandum dated January 9, 2013)
COMMISSIONERS ITEMS
A.
B.
C.
Commissioner Joseph E. Flescher, Chairman
None
Commissioner Wesley S. Davis, Vice Chairman
None
Commissioner Peter D. O'Bryan
None
176-185
186-195
COMMISSIONERS ITEMS PAGE
D.
E.
Commissioner Bob Solari
None
Commissioner Tim Zorc
None
January 15, 2013
Et 143 PG 367
Page 4 of 5
15.
16.
SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
1. Work Order No. 6 to CDM Smith, Inc. for Engineering Services
with the 2013 Annual Financial Reports
(memorandum dated January 4, 2013)
196-203
2. Final Pay to Work Order No. 2 to CDM Smith, Inc. for Engineering
Services with the 2012 Annual Permit Compliance Monitoring and
Reporting
(memorandum dated January 4, 2013)
3. Work Order No. 7 to CDM Smith, Inc. for Engineering Services
with the 2013 Annual Permit Compliance Monitoring and
Reporting
(memorandum dated January 4, 2013)
Environmental Control Board
None
ADJOURNMENT
204-213
214-227
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, the IRC Courthouse Law 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 15, 2013
143 PG 3.68
Page 5 of 5
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 15. 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
DELETE. ITEM 8.11. CONVEYANCE OF PERPETUAL EASEMENT TO FLORIDA
DEPARTMENT OF TRANSPORTATION FOR NEW U.S. 1 SOUTH COUNTY BRIDGE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING INDIAN RIVER COUNTY AS A
PURPLE HEART COUNTY 2
5.B. PRESENTATION ON THE INDIAN RIVER COUNTY ELECTRONICS RECYCLING
EVENT ON SATURDAY, JANUARY 19TH, 2013, AT THE INDIAN RIVER COUNTY
FAIRGROUNDS BY HIMANSHU MEHTA, MANAGING DIRECTOR, SOLID WASTE
DISPOSAL DISTRICT 2
6. APPROVAL OF MINUTES - NONE 3
January 15, 2013 1
43 PG 369
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. CITY OF FELLSMERE COMMITTEE APPOINTEES FOR 2013 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS — DECEMBER 28, 2012 TO JANUARY 3, 2013 3
8.B. RENEWAL OF MICROSOFT ENTERPRISE AGREEMENTS 4
8.C. CHILDREN'S SERVICES ADVISORY COMMITTEE S ANNUAL REPORT, 2011-12 4
8.D. WORK ORDER NO. 1 WITH KELLER, SCHLEICHER & MACWILLIAM (KSM)
ENGINEERING AND TESTING, SOUTH COUNTY REGIONAL PARK MULTI-PURPOSE
FIELDS, IRC PROJECT NO. 1126 4
8 E APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC 5
8.F. MODIFICATION OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT 13 -FG -86-10-40-01-098 5
8.G. ACCEPTANCE OF THE STATE HOMELAND SECURITY GRANT PROGRAM —
EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 13 -DS -97 -08 -39 -01 -XXX 6
8.H. DELETED: CONVEYANCE OF PERPETUAL EASEMENT TO FLORIDA DEPARTMENT
OF TRANSPORTATION FOR NEW U.S. 1 SOUTH COUNTY BRIDGE 6
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 6
10. PUBLIC ITEMS 6
10.A. PUBLIC HEARING - NONE 6
10.B. PUBLIC DISCUSSION ITEMS 6
103.1. REQUEST TO SPEAK FROM JOSE LAMBIET REGARDING GUN SHOWS AT THE
FAIRGROUNDS 7
10.13.2. REQUEST TO SPEAK FROM ROBERT L SMITH REGARDING INITIATING A
CHANGE TO THE NON -CONFORMITIES REGULATIONS TO ELIMINATE THE ONE
YEAR CESSATION OF USE RULE (RE-ESTABLISH GRANDFATHERED IN STATUS
FOR 4380 38TH AVENUE) 8
10.C. PUBLIC NOTICE ITEMS - NONE 10
January 15, 2013 2
43 PG 3?4t
11. COUNTY ADMINISTRATOR MATTERS - NONE 10
12. DEPARTMENTAL MATTERS 10
12.A. COMMUNITY DEVELOPMENT - NONE 10
12.B. EMERGENCY SERVICES - NONE 10
12.C. GENERAL SERVICES - NONE 10
12.D. HUMAN RESOURCES - NONE 10
12.E. HUMAN SERVICES - NONE 10
12.F. LEISURE SERVICES - NONE 10
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11
12.11. RECREATION - NONE 11
12.I. PUBLIC WORKS - NONE 11
12.J. UTILITIES SERVICES 11
12.J.1. DELAY RECLAIMED WATER RATE INCREASE BY ONE YEAR 1 1
13. COUNTY ATTORNEY MATTERS 11
13.A. REQUEST FOR ADVICE AND CLOSED ATTORNEY-CLIENT SESSION RELATING TO
FVP MIAMI LAKES V. INDIAN RIVER COUNTY 11
13.B. PURCHASE OF OVERLAPPING PROPERTY ON REGATTA DRIVE FROM THE ESTATE
OF DANIEL KELLY 12
13.C. PURCHASE OF PROPERTY FOR RIGHT-OF-WAY OVERLAPPING ON LAND OWNED
BY PATRICK SHAWN FREE 13
14. COMMISSIONER ITEMS 13
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN — NONE 13
14.B. COMMISSIONER WESLEY S DAVIS, VICE CHAIRMAN - NONE 13
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 13
14.D. COMMISSIONER BOB SOLARI - NONE 13
14.E COMMISSIONER TIM ZORC - NONE 13
15. SPECIAL DISTRICTS AND BOARDS 14
15.A. EMERGENCY SERVICES DISTRICT - NONE 14
15.B. SOLID WASTE DISPOSAL DISTRICT 14
January 15, 2013 3
X43 PG 371
15.B.1. WORK ORDER No. 6 TO CDM SMITH, INC. FOR ENGINEERING SERVICES WITH
THE 2013 ANNUAL FINANCIAL REPORTS 14
15.B.2. FINAL PAY TO WORK ORDER NO. 2 TO CDM SMITH, INC. FOR ENGINEERING
SERVICES WITH THE 2012 ANNUAL PERMIT COMPLIANCE MONITORING AND
REPORTING 14
15.B.3. WORK ORDER NO. 7 TO CDM SMITH, INC. FOR ENGINEERING SERVICES WITH
THE 2013 ANNUAL PERMIT COMPLIANCE MONITORING AND REPORTING 14
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 15
16. ADJOURNMENT 15
January 15, 2013 4
43PG3.72
JEFFREY R. SMITH
Clerk to the Board
January 15, 2013
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 15, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley
S. Davis, and Commissioners Peter D O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy
Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Steve Jones, Vero Christian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Flescher led the Pledge of Allegiance to the Flag.
IC 43PG373
January 15, 2013 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
Chairman Flescher relayed that staff requested the following change to the Agenda:
DELETE: ITEM 8.H. CONVEYANCE OF PERPETUAL EASEMENT TO FLORIDA DEPARTMENT OF
TRANSPORTATION FOR NEW U.S. 1 SOUTH COUNTY BRIDGE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solan, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING INDIAN RIVER COUNTY
ASA PURPLE HEART COUNTY
Chairman Flescher read and presented the Proclamation to Retired U.S. Air Force
Colonel Martin Zickert, President of the Indian River County Veterans Council. Mr. Zickert
acknowledged Bnan Heady for his role in bringing the Purple Heart program into the County.
Veterans Craig Waskow (Vietnam) Ronald Stevens (Korea), and James Redenour (Iraq) were
also present to accept the proclamation.
S.B. PRESENTATION ON THE INDIAN RIVER COUNTY ELECTRONICS
RECYCLING EVENT ON SATURDAY, JANUARY 19T' , 2013, AT THE INDIAN
RIVER COUNTY FAIRGROUNDS By HIMANSHU MEHTA, MANAGING
DIRECTOR, SOLID WASTE DISPOSAL DISTRICT
MC 143 PG 374
January 15, 2013 2
Director of Utility Services Vincent Burke presented this item on behalf of the Solid
Waste Disposal District's (SWDD's) Managing Director, Himanshu Mehta. He reported that
Keep Indian River Beautiful (KIRB) and SWDD will be hosting the Annual Electronics
Recycling Event at the County Fairgrounds on Saturday, January 19, 2013, from 9:00 a.m. to
3:00 p.m. (flier on file). AERC Recycling Solutions will be handling the recycling services as
well as donating a refurbished laptop computer to the winning raffle ticket holder.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMNIISSIONERS
NOT REQUIRING BOARD ACTION
7.A. CITY OF FELLSMERE COMMITTEE APPOINTEES FOR 2013
Noted for the record were the 2013 Committee Appointees for the City of Fellsmere.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS - DECEMBER 28, 2012 TO JANUARY 3, 2013
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis the Board unanimously
approved the list of Warrants and Wires issued by the
Comptroller's Office for the time penod of December 28,
2012 to January 3, 2013, as requested in the memorandum
of January 3, 2013.
January 15, 2013' 3
'143 PG 31
8.B. RENEWAL OF MICROSOFT ENTERPRISE AGREEMENTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute the
Microsoft Enterprise Agreements with SHI International,
as requested in the memorandum of January 8, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0 CHILDREN'S SERVICES ADVISORY COMMITTEE'S ANNUAL REPORT, 2011-
12
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously accepted
the Children's Services Advisory Committee's Annual
Report for 2011-2012 as submitted, as recommended in
the memorandum of December 18, 2012.
8.D. WORK ORDER No. 1 WITHKELLER, SCHLEICHER & MACWILLL4M (KSM)
ENGINEERING AND TESTING, SOUTH COUNTY REGIONAL PARK MULTI-
PURPOSE FIELDS, IRC PROJECT No. 1126
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute Work
Order No. 1 to Keller, Schleicher & MacWilliam
Engineering and Testing, Inc. (KSM), authorizing the
professional services outlined in the Scope of Services
January 15, 2013 4
43 PG 376.
(Exhibit A), for a not -to -exceed amount of $17,985.00, as
recommended in the memorandum ofJanuary 2, 2013.
8.E. APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the renewal of the 800 MHz Communications
System Master Service Agreement with Communications
International, Inc., as recommended in the memorandum
of December 20, 2012.
8.F. MODIFICATION OF EMERGENCY MANAGEMENT FEDERALLY -FUNDED
SUBGRANT AGREEMENT 13 -FG -86-1040-01-098
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute the
Modification of the Federally Funded Subgrant
Agreement (13 -FG -86-10-40-01-098) between Indian
River County Emergency Management and the State of
Flonda, Division of Emergency Management, as
recommended in the memorandum ofJanuary 7, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 15, 2013
5
143 PG 377
8.G. ACCEPTANCE OF THE STATE HOMELAND SECURITY GRANT PROGRAM-
EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 13 DS -97-08-39-
01 -XLY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the State Homeland Security Grant and the
expenditures as directed in the Federally Funded Subgrant
Agreement (13 -DS -97 -08 -39 -01 -XXX), and authorized
the Chairman to execute this agreement between Indian
River County Emergency Management and the State of
Florida, Division of Emergency Management, as
recommended in the memorandum of January 7, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.II. DELETED: CONVEYANCE OF PERPETUAL EASEMENT TO FLORIDA
DEPARTMENT OF TRANSPORTATION FOR NEW U.S. 1 SOUTH COUNTY
BRIDGE
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING - NONE
10.B. PUBLIC DISCUSSION ITEMS
BK 143 PG 318
January 15, 2013 6
1O.B.I. REQUEST TO SPEAK FROM JOSE LAMBIET REGARDING GUN SHOWS AT
THE FAIRGROUNDS
Jose Lambiet, 1430 Treasure Cove Lane, asked the Board to stop allowing gun shows at
the Indian River County Fairgrounds, which he noted was public land. He was concerned that
guns were being sold without the proper background checks, and said that the potential exists for
violence if the guns end up in the wrong hands. He also suggested that the Shenff place
undercover agents at the shows to ensure that every transaction is legal.
Chairman Flescher supported the gun shows. He affirmed that they have been conducted
in a safe manner with no incidents.
Vice Chairman Davis declared that the gun shows are an appropriate use of the
Fairground facilities.
Commissioner Zorc referenced a 13 -year court case to point out that there is significant
court litigation in favor of the promoters who want to have gun shows at public facilities.
The Chairman invited public comments.
Renee Renzi, Waverly Place, voiced opposition to the gun shows, and to the type of
culture that she believes they promote.
Commissioner Solari supported the nght of law abiding citizens to attend the gun shows.
Frederick L. Lipfert, 2536 rt Street, was concerned about the opportunities for illegal
gun purchases at the perimeter of the Fairgrounds, and asked the Board to provide a security
presence in that area.
January 15,'2013 7
43 PG 379
Chairman Flescher responded that fairground events are conducted in a safe and orderly
fashion. He affirmed that the safety and security of the public is of utmost importance, and that
the Sheriff's Office provides security.
Larry Graham, District 4, read a prepared statement supporting the continuation of the
gun shows at the Fairgrounds. He asked the Board not to deny citizens access to one of
America's founding principles - freedom.
Eva York, 716 19`h Place SW, defended the right of citizens to possess firearms. She
explained that her gun provides her with a means of defense, and stressed that the problems with
gun violence arise from unstable persons.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
to continue allowing gun shows at the Indian River
County Fairgrounds.
10.8.2. REQUEST TO SPEAK FROM ROBERT L. SMITH REGARDING INITIATING A.
CHANGE TO THE NON -CONFORMITIES REGULATIONS TO ELIMINATE THE
ONE YEAR CESSATION OF USE RULE (REESTABLISH GRANDFATHERED
IN STATUS FOR 4380 38mAVENUE)
Robert L. Smith, 2451 N. Seacrest Blvd., Boynton Beach, recalled that on October 2,
2012, the Board authorized staff to delay the demolition of his property at 4380 38th Avenue, the
site of the old Greenleaf Bar, in order to give him 90 days to explore the feasibility of
implementing his plans to reopen the structure as a restaurant/lounge. He explained that since
the establishment was closed for over one year, its grandfather status as a commercial use in a
residential zone was lost and due to zoning issues, the County will not issue the permits
necessary for him to repair the building.
January 15, 2013 8
X43; PG 3$0
Planning Director Stan Boling, through a PowerPoint presentation (copy on file),
provided background and a zoning map of the subject site. He reported that the surrounding area
is zoned Residential Multiple Family Unit up to 10 units an acre (RM -10), except for one
business (Stew Que), which has been historically zoned Limited Commercial (CL) He related
that all the evidence shows that the subject site has not been used in over one year, the
grandfathering is gone, and the use of the site for commercial is at a dead end. Director Boling
added that aside from the structure itself, there are site -related nonconformities, and Mr. Smith
has asked staff to waive the nonconformity Land Development Regulations (LDRs). Director
Boling recommended that no changes be made to the nonconformity LDRs, and affirmed that
any redevelopment of the structure would have to fall under the RM -10 zoning.
Vice Chairman Davis believed that the subject property was too damaged to be brought
back up to code.
Mr. Smith stressed that he would have no problem making the repairs, but he has been
unable to proceed because the building has lost its commercial zoning. He urged the Board to
give him the opportunity to make the improvements.
Chairman Flescher reminded Mr Smith that he had already been given additional time to
see what avenues he could explore. He believed that the structure was more severely damaged
than Mr Smith has assessed.
Building Official Jose Guanch described the extent of the detenoration, revealing that
staff is concerned about the structural integrity of the entire building. He emphasized that it
would take a lot of work to get the building back on track.
Commissioner Solari pointed out that the building has lost its grandfather clause because
it was abandoned for a long time; thus, that is no longer the issue. He declared that the problem
is that the type of land use proposed by Mr Smith is not permitted in the RM -10 zoning.
January 15, 2013
9
143 P6 3'8
Commissioner Zorc added that rt would be a staggering and costly task to bring the
subject building into compliance with the current Florida Building Code.
Commissioner O'Bryan alluded to the commercial node across from the subject site, and
asked whether Mr. Smith could apply for a land use change and rezoning.
Community Development Director Bob Keating explained that the parcel across from the
former Greenleaf consists of one parcel that was zoned commercial many years ago, and that Mr.
Smith would be unable to request such a change under the current Comprehensive Plan policies.
No Board Action Required or Taken
/0.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.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
January 15, 2013 10
MI 043 PS 3. 5
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION NONE
12.1. PUBLIC WORKS - NONE
12.1 UTILITIES SERVICES
12.11. DELAY RECLAIMED WATER RATE INCREASE BY ONE YEAR
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2013-004, amending the Department of Utility
Services' Schedule of Water and Sewer Rates, Fees and
Other Charges, by amending the start date of various
increases to the reclaimed water rate.
13. COUNTY ATTORNEY MATTERS
13.A. REQUEST FOR ADVICE AND CLOSED ATTORNEY-CLIENT SESSION
RELATING TO FVP MIAMI LAKES V. INDIAN RIVER COUNTY
Attorney Polackwich requested that the Board schedule a closed attorney-client session at
10:30 a.m. on February 5, 2013 for the purpose of considering FVP Miami Lakes' settlement
offer to the County.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
scheduled a closed attorney-chent session at 10:30 a.m. on
February 5, 2013, to consider the settlement offer made by
-January 15, 2013°`' 11
BK 43 PG 383
1
FVP Miami Lakes, as recommended in the memorandum
of January 7, 2013.
13.B. PURCHASE OF OVERLAPPING PROPERTY ON REGATTA DRIVE FROM THE
ESTATE OF DANIEL KELLY
Deputy County Attorney William DeBraal reported that a segment of road was dedicated
as a public street by the developer during construction of the Moorings Subdivision, Unit 2, and
that road overlaps 0.012 acres of a .71 acre parcel of property owned by the Estate of Daniel
Kelly. He explained that the Kelly Estate has a prospective buyer for the lot, but the public
roadway clouds the title. He reviewed three actions that the Board could take relative to this
situation, and presented staffs recommendation for the County to purchase the 0.012 acre parcel
of property for $1,000.00 and eliminate the overlap.
parcel.
Commissioner O'Bryan opined that the purchase pnce was excessive for such a small
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, by a 4-1 vote (Commissioner
O'Bryan opposed), the Board approved the purchase of
the overlapping 0.012 acres from the Kelly Estate for
$1,000, in order to clear title to the property and allow the
pending sale to close, as recommended in the
memorandum of January 8, 2013.
January 15, 2013 12
BK 43 PG 384
13. C. PURCHASE OF PROPERTY FOR RIGHT-OF-WAY OVERLAPPING ON LAND
OWNED BY PATRICK SHA WN FREE
Deputy County Attorney William DeBraal reported that in conjunction with construction
of a new bridge over the South Relief Canal, the County had improved a portion of Old Dixie
Highway and mistakenly encroached upon 0.128 acres of a 5.59 acre parcel owned by Patrick
Shawn Free. He stated that subsequent to negotiations with Mr. Free's attorney, staff's
recommendation was for the Board to purchase the overlapped property for the all-inclusive
amount of $26,000. He added that as an additional consideration for the encroachment, the
County has installed a driveway onto Mr Free's property.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unammously approved and
authorized the Chairman to execute the Agreement to
Purchase and Sell Real Estate with Patnck Shawn Free, in
the amount of $26,000, as recommended m the
memorandum of January 9, 2013.
14. COMNIISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN- NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN NONE
14. C. COMMISSIONER PETER D. O'BRYAN - NONE
1411 COMMISSIONER BOB SOLARI - NONE
14.E. COMMISSIONER TIMZORC - NONE
January 15, 2013 13
114.3 PG 385
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Regular Board reconvened as the Board of Commissioners of the Solid Waste
Disposal Distnct. Those Minutes are available separately.
15.B.1. WORK ORDER No. 6 TO CDM SMITH, INC. FOR ENGINEERING
SERVICES WITH THE 2013 ANNUAL FINANCIAL REPORTS
15.B.2. FINAL PAY TO WORK ORDER No. 2 TO CDM SMITH, INC. FOR
ENGINEERING SERVICES WITH THE 2012 ANNUAL PERMIT COMPLIANCE
MONITORING AND REPORTING
15.B.3. WORK ORDER No. 7 TO CDM SMITH, INC. FOR ENGINEERING
SERVICES WITH THE 2013 ANNUAL PERMIT COMPLIANCE MONITORING
AND REPORTING
January 15, 2013 14
IN 43 P6 3$
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 10:36 a.m.
ATTEST:
feragrifi'
4011
Jef ► - /m;" . eph Flescher, Chairman
Cl of Circuit Court & Comp
troller
Minutes Approved: MAR A 5 2013
BCC/MG/2013Minutes
January 15, 2013
15