HomeMy WebLinkAbout01/17/2012MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 17, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Reverend Dr Leslie A. Koerselman,
Westminster Presbyterian Church
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
None
6. APPROVAL OF MINUTES
None
January 17, 2012
PAGE
( lid PG875
Page 1 of 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires — December 29, 2011 to January 5, 2012
(memorandum dated January 5, 2012)
1-8
B. Request to Approve a License Agreement for Occupancy of the Principal
Residence on the Jones's Pier Property at 7770 Jungle Trail
(memorandum dated January 9, 2012)
9-15
C. Transit Facility Change Order #1
(memorandum dated January 9, 2012)
16-38
D. Out of County Travel to Attend the 2012 Florida Association of Counties
Legislative Day
(memorandum dated January 12, 2012)
39-40
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Indian River County's Request for Special Exception Use Approval
to Construct a Wireless Communications Tower at 7235 4th Street
(memorandum dated December 27, 2011)
41-60
Quasi -Judicial
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 Dennis Spruce Regarding Subdivision
Drainage at Sylvan Lakes
61
C. PUBLIC NOTICE ITEMS
None
141 PG 876
January 17, 2012 Page 2 of 5
11. COUNTY ADMINISTRATOR MATTERS PAGE
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B.
C.
E.
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
F. Leisure Services
None
G. Office of Management and Budget
None
H.
January 17, 2012
Recreation
None
Public Works
1. Lease Amendment 6855 66th Avenue, Vero Beach, F1, Owner.
Indian River County, Tenant: John A. Jackson, Jr., Project 66th
Avenue Widening Project
(memorandum dated January 9, 2012)
62-66
13K141PG877
Page 3 of 5
12. DEPARTMENTAL MATTERS PAGE
J. Utilities Services
1. Execution of Federally Funded Subgrant Agreement for Department
of Economic Opportunity $750,000 Community Development
Block Grant for Neighborhood Revitalization of West Wabasso
Community
(memorandum dated January 11, 2012)
67-109
13. COUNTY ATTORNEY MATTERS
A. Initial Consideration of Proposed Fund 101 Refund Ordinance
(memorandum dated January 4, 2012)
110-118
B. Imtial Consideration of Proposed Six Year Impact Fee Refund Ordinance
(memorandum dated January 4, 2012)
119-125
14. COMMISSIONERS ITEMS
A. Commissioner Gary C, Wheeler, Chairman
B.
None
Commissioner Peter D. O'Bryan, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
Emergency Services District
None
Solid Waste Disposal District
None
141 PG 878
January 17, 2012 Page 4 of 5
•
15. SPECIAL DISTRICTS AND BOARDS PAGE
C.
Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, 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 17, 2012
PI 141PG879
Page 5 of 5
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 17, 2012
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 2
8. CONSENT AGENDA 2
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 29, 2011 TO JANUARY 5,
2012 2
8.B. REQUEST TO APPROVE A LICENSE AGREEMENT FOR OCCUPANCY OF THE
PRINCIPAL RESIDENCE ON THE JONES'S PIER PROPERTY AT 7770 JUNGLE TRAIL 3
BK I4lPG88O
January 17, 2012 1
8.C. TRANSIT FACILITY CHANGE ORDER #1 3
8.D. OUT OF COUNTY TRAVEL TO ATTEND THE 2012 FLORIDA ASSOCIATION OF
COUNTIES LEGISLATIVE DAY 3
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 4
10. PUBLIC ITEMS 4
10.A. PUBLIC HEARINGS 4
10.A.1. INDIAN RIVER COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
TO CONSTRUCT A WIRELESS COMMUNICATIONS TOWER AT 7235 4TH STREET
(QUASI-JUDICIAL) 4
10.B. PUBLIC DISCUSSION ITEMS 6
10.B.1. REQUEST TO SPEAK FROM DENNIS SPRUCE REGARDING SUBDIVISION
DRAINAGE AT SYLVAN LAKES 6
10.C. PUBLIC NOTICE ITEMS - NONE 6
11. COUNTY ADMINISTRATOR MATTERS - NONE 6
12. DEPARTMENTAL MATTERS 7
12.A. COMMUNITY DEVELOPMENT - NONE 7
12.B. EMERGENCY SERVICES - NONE 7
12.C. GENERAL SERVICES - NONE 7
12.D. HUMAN RESOURCES - NONE 7
12 E HUMAN SERVICES - NONE 7
12.F. LEISURE SERVICES - NONE 7
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 7
12.H. RECREATION - NONE 7
12.I. PUBLIC WORKS 7
12.1.1 LEASE AMENDMENT, 6855 66TH AVENUE, VERO BEACH, FL, OWNER: INDIAN
RIVER COUNTY, TENANT: JOHN A. JACKSON, JR., PROJECT: 66TH AVENUE
WIDENING PROJECT 7
12.J. UTILITIES SERVICES
January 17, 2012 2
9
BK 141PG881
12.7.1. EXECUTION OF FEDERALLY FUNDED SUBGRANT AGREEMENT FOR DEPARTMENT
OF ECONOMIC OPPORTUNITY $750,000 COMMUNITY DEVELOPMENT BLOCK
GRANT FOR NEIGHBORHOOD REVITALIZATION OF WEST WABASSO
COMMUNITY 9
13. COUNTY ATTORNEY MATTERS 9
13.A. INITIAL CONSIDERATION OF PROPOSED FUND 101 REFUND ORDINANCE 9
13.B. INITIAL CONSIDERATION OF PROPOSED SIX YEAR IMPACT FEE REFUND
ORDINANCE 12
14. COMMISSIONER ITEMS 17
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 17
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN - NONE 17
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 17
14.D. COMMISSIONER JOSEPH E FLESCHER - NONE 17
14 E COMMISSIONER BOB SOLARI - NONE 17
15. SPECIAL DISTRICTS AND BOARDS 17
15.A. EMERGENCY SERVICES DISTRICT - NONE 17
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 17
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 17
16. ADJOURNMENT 18
January 17, 2012 3
B1 141 PG 882
JEFFREY K. BARTON
Clerk to the Board
January 17, 2012
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 17, 2012. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D.
O'Bryan, and Commissioners Wesley S. Davis, Joseph E Flescher, and Bob Solan Also
present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,
and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Dr. Leslie A. Koerselman, Westminster Presbyterian Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
January 17, 2012 1
BM 141 PG 883
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 29, 2011 TO JANUARY
5.2012
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of December 29, 2011 to
January 5, 2012, as requested in the memorandum of
January 5, 2012.
January 17, 2012 2
II 1141 PG 884
8.B. REQUEST TO APPROVE A LICENSE AGREEMENT FOR OCCUPANCY OF THE
PRINCIPAL RESIDENCE ON THE JONES'S PIER PROPERTY AT 7770 JUNGLE
TRAIL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the License Agreement with Brad Fojtik, as recommended
in the memorandum of January 9, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. TRANSIT FACILITY CHANGE ORDER #1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute Change Order No.
1 to the Transit Facility contract with Barth Construction
Inc. in the amount of $17,299.00, increasing the contract
amount to $1,634,990.00, as recommended in the
memorandum of January 9, 2012.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. OUT OF COUNTY TRAVEL TO ATTEND THE 2012 FLORIDA ASSOCL4TION
OF COUNTIES LEGISLATIVE DAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
out -of -County travel for Commissioners and staff to attend
the 2012 Florida Association of Counties Legislative Day
January 17, 2012 3
BK 141PG885
in Tallahassee, Florida on Wednesday, February 1, 2012,
as recommended in the memorandum of January 12, 2012.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. INDIAN RIVER COUNTY'S REQUEST FOR SPECIAL EXCEPTION USE
APPROVAL TO CONSTRUCT A WIRELESS COMMUNICATIONS TOWER AT
7235 4TH STREET (QUASI-JUDICL4L)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Each Commissioner affirmed there had been no ex parte site visits, investigations, or
communications.
Planning Director Stan Boling gave a PowerPoint Presentation (copy on file), regarding
the County -initiated request for special exception use approval to construct a wireless
communications tower ("County EMS Tower") on a small portion of the Egret Marsh
Stormwater Treatment facility at 7235 4th Street, for the purpose of enhancing emergency
communications. He relayed that the proposed tower compound would consist of a 180'
monopole tower, equipment shelter, and electrical equipment, with fencing and landscaping
improvements around the perimeter of the compound. After providing further description and
analysis, Director Boling presented the recommendations of staff and the Planning & Zoning
Commission (P & Z) for the Board to grant special exception use approval for the County EMS
Tower, with the conditions listed in staff's report.
January 17, 2012 4
BK 141PG885
(Clerk's Note: Please refer to the Board's Motion for conditions).
Discussion ensued as Director Boling addressed the Board's questions about the
landscaping buffer; the tower s capacity to be used by other entities; impacts to birds and
wildlife; and exposure to electromagnetic fields.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, remarked that he had not heard that a new tower
was necessary, nor had he heard any analysis of the potential effects of the tower on adjacent
properties. He also wondered whether the tower would bridge the gap in communications
coverage in the South County.
Administrator Baird reported that in order to facilitate emergency communications, the
County wanted to construct the tower to fill a "dead spot" in that area.
Rick Rewiski, Communications International, agreed that the tower would provide the
additional coverage needed in the South County.
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously found
that:
1. It is empowered under the provisions of Chapter 971
to review the special exception use applied for;
2. Granting special exception use approval will not
adversely affect the public interest; and
3. The application satisfies the general and specific
criteria required for special exception use approval
January 17, 2012 5
Bt141PG887
The Board also confirmed the admission into evidence of
staff's agenda package and PowerPoint presentation, and
granted special exception use approval for the proposed
wireless communication facility with the following
conditions:
1. Prior to site plan release, the applicant shall submit to
Planning Division staff a copy of the final Federal
Aviation Administration (FAA) determination showing
conformance with Subpart C of Federal Aviation
Regulations Part 77, Objects Affecting Navigable
Airspace; and
2. Prior to operation of the tower facility, landscaping
improvements shall be installed as shown on the project
site plan; all as stated and recommended in the
memorandum of December 27, 2011.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM DENNIS SPRUCE REGARDING SUBDIVISION
DRAINAGE AT SYL VANLAKES
Mr. Spruce was absent.
10. C PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
January 17, 2012 6
Olt 141 PG 888
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
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.1. PUBLIC WORKS
1211 LEASE AMENDMENT, 6855 66TH AVENUE, VERO BEACH, FL, OWNER:
INDIAN RIVER COUNTY, TENANT: JOHN A.JACKSON, JR., PROJECT: 66TH
AVENUE WIDENING PROJECT
Public Works Director Christopher Mora provided background history pertaining to a
right-of-way parcel the County acquired in 2009 from John A. Jackson, Jr. for the 66th Avenue
road project. He reported that the terms of the original purchase agreement allowed Mr Jackson
to lease back the property for two years at $1.00 per month, and that pursuant to his request to
extend his lease at the same terms, the Board on October 4, 2011 directed staff to negotiate a fair
market level rent with Mr. Jackson. Director Mora thereafter provided staff's recommendation
January 17, 2012 7
BK 141PG889
to allow Mr. Jackson to extend his lease at the $1 per month rental rate until March 31, 2013,
with an increase to fair market value if the lease extends beyond that date.
Discussion ensued regarding the improvements that Mr. Jackson made to the property
with $14,175 of his own money
Commissioner Davis asked staff to see what can be done (while Mr. Jackson is a tenant
and has a relative to the south), about a tool shed which is partially located on both the subject
parcel and the property to the south.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Commissioner Solan outlined his objections to the $1.00 per month rental rate; however,
he was open to setting the rent at less than fair market value.
Commissioners Flescher, Davis, and Wheeler, respectively, spoke in support of staff's
recommendation.
Vice Chairman O'Bryan agreed with Commissioner Solari that a rental amount above
$1.00 should be established.
The Chairman CALLED THE QUESTION and by a 3-2
vote (Commissioners O'Bryan and Solari opposed), the
Board approved and authorized the Chairman to execute
the lease amendment with John A Jackson, Jr., as
recommended in the memorandum of January 9, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 17, 2012 8
BKRIPG890
12.J UTILITIES SERVICES
12..1.1. EXECUTION OF FEDERALLY FUNDED SUBGRANT AGREEMENT FOR
DEPARTMENT OF ECONOMIC OPPORTUNITY $750,000 COMMUNITY
DEVELOPMENT BLOCK GRANT FOR NEIGHBORHOOD REVITALIZATION OF
WEST WABASSO COMMUNITY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the proposed
agreement with the Department of Economic Opportunity
(DEO), as recommended in the memorandum of January
11, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. INITIAL CONSIDERATION OF PROPOSED FUND 101 REFUND ORDINANCE
Attorney Alan S. Polackwich, Sr., presented for Board consideration a proposed
Ordinance amending Section 1010.05 Use of Funds Collected and Trust Funds of County Code,
Chapter 1010, Traffic Facilities and Fair Share Roadway Improvements, pursuant to the Board's
decision on December 20, 2011, to refund unspent impact fees collected in original Traffic
Impact Fee District II ("Fund 101"). He explained why the correct amount of unexpended fees
in Fund 101 is $255,829, rather than $132,159 as indicated at the December 20 Board meeting.
He outlined the process defined in the Ordinance for issuing the refunds, which will include: (1)
the identification of each fee that has been paid and remains unspent; (2) the identification of the
properties associated with those fees and the current property owner; (3) a written notice to the
current owner that will include an application, an IRS Form W-9, and an affidavit affirming
property ownership and acknowledging that by accepting the refund, the property owner may be
BK 1141 PG 891
January 17, 2012 9
jeopardizing the A1A/17th Street project ("The Project"). Attorney Polackwich noted that there
would be a public hearing on February 21, 2012 for adoption of the final Ordinance.
After a brief discussion, it was clarified that in cases where the refund money is
unclaimed or rejected, it would be allocated back into the Fund 101 account.
Administrator Baird noted that any funds going back into the coffers would be utilized
for The Project. He cautioned that if all the funds are returned, another project would have to be
eliminated in order to afford the intersection improvements
Vice Chairman O'Bryan warned property owners who might be due a refund to be wary
of telephone solicitations for assistance with the refunds.
Commissioner Solari wanted to see the impact fees returned with interest until the entire
amount of Fund 101 is expended, or everyone who paid an impact fee has been contacted. He
noted that the impact fee law stipulates a refund of unexpended fees after six years and must be
upheld regardless of the need for The Project.
Pilar Turner, 1600 Indian Bay speaking as a resident and not a City of Vero Beach
Council Member, opined that the County was rushing to do The Project in order to avoid giving
the impact fee refunds. She urged the Board to return all the Fund 101 revenues to the property
owners, and to allow individuals 120 days from their notification of eligibility to apply for the
refund.
Commissioner Davis emphasized that impact fee law provides for the refund, and since
the County did not spend the dollars in Fund 101 in the time stipulated, there is only one correct
course of action, regardless of whether the money is needed.
January 17, 2012 10
OK 141PG894
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Solari, to: (1) refund
unspent traffic impact fees collected in original Traffic
Impact Fee District II (now Fund 101), in the amount of
$255,829, with accrued interest, to the owner of each
eligible property, starting with the last impact fee paid into
the account and moving backward in time until the entire
amount of $255,829 in fees and the accrued interest has
been expended; and (2) authorize the County Attorney to
bring forward for public hearing and adoption on February
21, 2012, a final Ordinance providing for the refund of
unspent traffic impact fees held in the original Traffic
Impact Fee District II Trust Account (Fund 101).
Attorney Polackwich confirmed with Commissioner Davis that his Motion was to refund
the fees with the interest accrued until the fund balance is zero.
Commissioner Flescher spoke in support of the Ordinance and presented analysis of why
the refunds should go to the current property owners, rather than the original fee payer.
Vice Chairman O'Bryan stated that he would support the refunds with simple interest;
however, he was opposed to refunding the entire amount with accumulated interest. He spoke to
the importance of fixing the intersection, and wanted to see a compromise that would allow
refunds to be issued with some funding retained for The Project.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Vice Chairman 0 Bryan opposed), the Motion
carried. The Board approved: (1) to refund unspent traffic
impact fees collected in original Traffic Impact Fee
District II (now Fund 101), in the amount of $255,829,
January 17, 2012 11
BK 141 PC 893
with accrued interest, to the owner of each eligible
property, starting with the last impact fee paid into the
account and moving backward in time until the entire
amount of $255,829 in fees and the accrued interest has
been expended; and (2) authorized the County Attorney to
bring forward for public hearing and adoption on February
21, 2012, a final Ordinance providing for the refund of
unspent traffic impact fees held in the original Traffic
Impact Fee District II Trust Account (Fund 101).
Chairman Wheeler, in order to address the public perception about the County escalating
its spending, requested that staff return with an accounting of the projects that are being funded
by impact fee revenues.
Administrator Baird affirmed that staff would return with a report in 30 days, and a copy
would also be given to the City of Vero Beach.
Tim Zorc, 7658 South Polo Grounds Lane, conveyed that he did not perceive a Level of
Service deficiency at the AlA/17th Street intersection.
The Chairman called a recess at 10:03 a.m., and reconvened the meeting at 10:13 a.m.,
with all members present.
13.B. INITIAL CONSIDERATION OF PROPOSED SIX YEAR IMPACT FEE REFUND
ORDINANCE
Attorney Alan S. Polackwich, Sr., presented for Board consideration a proposed
Ordinance amending Section 1000.15 Refund of Fees Paid of County Code, Chapter 1000,
Impact Fees - Purpose and Intent, for the purpose of updating impact fee Ordinances 1986-14
and 2005-015 with a more fair refund mechanism. Currently, if an impact fee has not been spent
BX RI PG 894
January 17, 2012 12
or encumbered within six years, an individual may request a refund; however, in the proposed
ordinance, the property owner associated with a specific impact fee would receive notification
from County staff, go through the application process, and receive their refund. Attorney
Polackwich conveyed that there is a baseline six year refund period in the proposed ordinance;
however, an option has been included to extend the refund period for a specific impact fee from
six to nine years.
Considerable discussion ensued, with input from Administrator Baird, Attorney
Polackwich, and Budget Director Brown regarding whether to couple or decouple the interest
from the impact fees; and whether to retain in the final ordinance, the option to extend a specific
impact fee fund refund.
Commissioner Solari remarked that there would have to be a rational basis for the three
year refund extension, because if the impact fee funds originally paid are held for an additional
three years, they would lose value. He advocated coupling the interest with the impact fee that
was paid
Management and Budget Director Jason Brown, explained that many developers who
paid fees were unable to build out their projects, and have been given project extensions.
Administrator Baird urged the Board to keep in mind how hard it is to accumulate
sufficient funding to build and operate the projects that will accommodate future growth.
Vice Chairman O'Bryan supported the optional three year extension period, explaining
that the Clerk's method of calculating the interest would preserve the value of an impact fee
through the nine years. He advocated maintaining the accumulated interest in the account, so
the funds can be used to make improvements for the entire community.
January 17, 2012 13
BK 141 PG 895
Chairman Wheeler asserted that the County should not have a windfall accumulation of
interest. He suggested that after a fee is applied to a particular project, the accumulated interest
for that fee should be expended next.
Commissioner Davis was concerned that the proposed ordinance provides for the return
of the impact fees, but has no provision for the return of the accumulated interest. He observed
that in theory, the County could spend every impact fee dollar on a project, zero out the account
for the year, and let the interest continue to accumulate.
Charlie Wilson, 1057 6th Avenue, wanted to see the optional extension of the refund
period (if approved by the Board), apply exclusively to the traffic impact fees. He objected to
decoupling the interest from the impact fees, and alleged that capital improvement projects were
being expedited to use up the Fund 101 moneys and avoid having to pay the refunds.
Commissioner Davis stated that he did not have difficulty with extending the refund
period; however, if the interest is not spent after the nine year period, it should be refunded along
with the impact fee.
Attorney Polackwich clarified that there is no refund of interest alone; it is only refunded
as a component when the underlying impact fee is being refunded.
Commissioners Davis and Solari voiced concerns about the lack of a mechanism in the
proposed ordinance for giving the accrued interest back to the impact fee recipient, particularly
where the County cannot afford to do the project associated with those fees.
Chairman Wheeler advocated spending the interest with the impact fees; thus, avoiding
the issue of accumulating interest in the future.
January 17, 2012 14
141 PG 89.
Anabelle Robertson, Asset Research & Recovery, requested that the Board create an
ordinance reflecting Commissioner Wheeler's suggestion to expend the interest with the impact
fees.
Chairman Wheeler wondered what would be the specific criteria for triggering the
optional extension of the refund period.
Commissioner Solari summarized that the unresolved issues are whether to couple or
decouple the interest from the impact fees; and whether there is a rational basis for allowing the
extension of the six year refund period for a specific impact fee by three additional years
Chairman Wheeler acknowledged the complexity of this issue and suggested that this
item be discussed again at another Board of County Commission meeting before the public
hearing.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to direct staff to
report back to the Board with analysis on three scenarios
related to the proposed ordinance for amending impact fee
refund procedures:
(1) the effect of coupling the interest with the impact
fees;
(2) the effect of decoupling the interest from the impact
fees; and
(3) the rationale or criteria for extending the six year
impact fee refund period for any specific impact fee
for an additional three years
Further discussion ensued, wherein it was established that there would be no application
fees for property owners that are eligible for the refunds.
January 17, 2012 15
B{ 141 PG 897
Mr. Wilson questioned whether the extension of the refund period for an additional three
years would accomplish its intended goal, and whether it would be legal. He also requested that
the Board grant refund applicants more time to complete the application process than the 150
days stipulated in the draft ordinance.
Attorney Polackwich explained that extending the time period in which the impact fees
may be spent is in accordance with the economic downturn and delays or extensions in project
completions. He also remarked that since the County is going to a notice process, it is justifiable
to decrease the time period for application submittals.
Administrator Baird noted that some road projects were delayed due to backlogs in the
permitting agencies.
Attorney Polackwich clarified for Ms. Robertson that six years would remain the base
underlying refund period in the proposed ordinance; the Board would need to decide whether the
optional three year period is needed for a specific impact fee fund prior to the conclusion of the
six years.
Mr. Zorc suggested that the proposed ordinance be amended to provide for the impact
fee refunds with interest calculated according to the actual return earned on the money, as
opposed to the rate earned by the County on the fund.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Vice Chairman O'Bryan opposed), the Board
directed the County Attorney to report back to the Board
with analysis on three scenarios related to the proposed
ordinance for amending impact fee refund procedures:
(1) the effect of coupling the interest with the impact
fees;
January 17, 2012 16
ILO PG 898
(2) the effect of decoupling the interest from the impact
fees;
(3) the rationale or criteria for extending the six year
impact fee refund period for any specific impact fee
for an additional three years.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN- NONE
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.12 COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
January 17, 2012 17
Bid 141 PG 899
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 11:30
a.m.
ATTEST:
Jeffrey K Barton, Clerk
Minutes Approved: MAR 2. 0 2012
BCC/MG/2012 Minutes
4,441C ct7A,•
Gary C. COVheeler Chairman
January 17, 2012 18
Bk 141 PG 900