HomeMy WebLinkAbout01/22/2013COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 22, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127' 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
Rabbi Michael Birnholz, Temple Beth Shalom
Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
•
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Alma Miller on Her Retirement
Effective January 31, 2013
PAGE
1
Presentation by Dale Armstrong, Forest Area Supervisor, Florida Forest
Service, Florida Department of Agriculture and Consumer Services, 2011-
2012 Wildfire Protection Annual Report
2-4
iI13P639I
January 22, 2013 Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation by Missy Elward and Frank Mannino, Volunteer Event
Organizers, on Saint Baldricks Cancer Foundation
6. APPROVAL OF MINUTES
A. Regular Meeting of December 4, 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. District School Board Committee Memberships
(memorandum dated January 15, 2013) 5-11
8. CONSENT AGENDA
A. Approval of Warrants — January 4, 2013 to January 10, 2013
(memorandum dated January 10, 2013) 12-19
B. Dori Slosberg Dnver Education Safety Act, Indian River County Traffic
Education Program Trust Fund
(memorandum dated January 16, 2013)
20-21
Out of County Travel to Attend the 26th Annual National Conference on
Beach Preservation Technology
(memorandum dated January 14, 2013)
22-27
D. Work Order No. 2 with Ardaman and Associates, Inc. for Professional
Geotechnical Services for 43th Avenue and SR 60 Intersection Improvements
(18th Street to 26th Street) IRC Project No. 0853
(memorandum dated January 8, 2013)
28-36
E. Approval of Amendment 1 to a Professional Services Agreement with
Kimley-Horn and Associates, Inc. for Remediation of Contamination at the
Shadowbrook Estates Parcel of the South Prong Preserve Conservation Area
(memorandum dated January 14, 2013)
37-52
F. Approval of Bid Award for IRC Bid No. 2013016 Annual Bid for Street
Sweeping Services
(memorandum dated January 16, 2013)
53-58
G. Emergency Dune Stabilization Projects — Award of Contract Henry Fischer
& Sons, Inc.
(memorandum dated January 15, 2013)
59-63
January 22, 2013 Page 2 of 6
8. CONSENT AGENDA PAGE
H. Approval of Bid Award for IRC Bid No. 2013013 West Regional WWTP
Anaerobic Tanks Odor Control System Design and Improvements
(memorandum dated January 15, 2013) 64-77
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Consideration of Amendments to Land Development Regulations
(LDRs) Chapters 911, 912, and 971 to Allow Outdoor Vehicle
Storage Use in the CL (Limited Commercial) and CG (General
Commercial) Zoning Districts and to Eliminate Limitations on
Length of Recreational Vehicles Stored Outside on Residential
Properties (PUBLIC HEARING #1)
(memorandum dated January 8, 2013)
Legislative
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 Impact Fee Consultants Regarding Impact
Fee Refund Review and Wrap -Up
78-108
109
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Attorney -Client Session February 5, 2013
at the Time Specific of 10:30 a.m.:
The Indian River County Attorney desires an attorney-client session
re FVP Miami Lakes LLC v. Indian River County pending in the
Circuit Court of the Nineteenth Judicial Circuit, Case No.
312010CA074993
(memorandum dated January 15, 2013)
110
January 22, 2013 Page3 of 6
10. PUBLIC ITEMS
C. PUBLIC NOTICE ITEMS
2. Notice of Scheduled Public Hearing February 5, 2013:
To Consider Adoption of a Proposed Ordinance of' Indian River
County, Flonda, Amending Section 100.03(4) of the Code of Indian
River County ("the Code"), Codifying and Publishing the
Ordinances up to and Including Supplement 94 Thereto, Readopting
the Code, Designating the Code as the Best Evidence of' the Current
Law of Indian River County, Honda, and Providing for
Severability, Codification, and an Effective Date
(memorandum dated January 14, 2013)
Legislative
PAGE
111
11. COUNTY ADMINISTRATOR MATTERS
A. 1725 17th Avenue — Old Jail Property
(memorandum dated January 15 2013) 112-114
12. DEPARTMENTAL MATTERS
A. Community Development
1. Go -Line Bus Hub Status Update
(memorandum dated January 16, 2013) 115-116
B.
Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F.
G.
Leisure Services
None
Office of Management and Budget
None
43 PG 394
January 22, 2013 Page 4 of 6
15. SPECIAL DISTRICTS AND BOARDS PAGE
B.
C.
Solid Waste Disposal District
None
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 m 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:OOp.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 22, 2013
143 PG 396
Page 6of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 22, 2013
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 2
5.A. PRESENTATION OF PROCLAMATION HONORING ALMA MILLER ON HER
RETIREMENT EFFECTIVE JANUARY 31, 2013 2
S.B. PRESENTATION BY DALE ARMSTRONG, FOREST AREA SUPERVISOR, FLORIDA
FOREST SERVICE, FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, 2011-2012 WILDFIRE PROTECTION ANNUAL REPORT 2
5.C. PRESENTATION BY MISSY ELWARD AND FRANK MANNINO, VOLUNTEER EVENT
ORGANIZERS, ON SAINT BALDRICKS CANCER FOUNDATION 3
6. APPROVAL OF MINUTES 3
6.A. MEETING OF DECEMBER 4, 2012 3
January 22, 2013 1
43 PG 397
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. DISTRICT SCHOOL BOARD COMMITTEE MEMBERSHIPS 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - JANUARY 4, 2013 TO JANUARY 10, 2013 4
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 4
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE 26TH ANNUAL NATIONAL
CONFERENCE ON BEACH PRESERVATION TECHNOLOGY 4
8.D. WORK ORDER No. 2 WITH ARDAMAN AND ASSOCIATES, INC. FOR
PROFESSIONAL GEOTECHNICAL SERVICES FOR 43RD AVENUE AND SR 60
INTERSECTION IMPROVEMENTS (18TH STREET TO 26TH STREET) IRC PROJECT
NO. 0853 5
8.E. APPROVAL OF AMENDMENT 1 TO A PROFESSIONAL SERVICES AGREEMENT WITH
KIMLEY-HORN AND ASSOCIATES, INC. FOR REMEDIATION OF CONTAMINATION
AT THE SHADOWBROOK ESTATES PARCEL OF THE SOUTH PRONG PRESERVE
CONSERVATION AREA 5
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2013016 ANNUAL BID FOR
STREET SWEEPING SERVICES 6
8.G. EMERGENCY DUNE STABILIZATION PROJECTS - AWARD OF CONTRACT HENRY
FISCHER & SONS, INC. 7
8.H. APPROVAL OF BID AWARD FOR IRC BID No. 2013013 WEST REGIONAL WWTP
ANAEROBIC TANKS ODOR CONTROL SYSTEM DESIGN AND IMPROVEMENTS 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 8
10. PUBLIC ITEMS 8
10.A.1. PUBLIC HEARING(S) 8
10.A.1. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS
(LDRS) CHAPTERS 911, 912, AND 971 TO ALLOW OUTDOOR VEHICLE STORAGE
USE IN THE CL (LIMITED COMMERCIAL) AND CG (GENERAL COMMERCIAL)
ZONING DISTRICTS AND TO ELIMINATE LIMITATIONS ON LENGTH OF
January 22, 2013 2
*3 PG 398
RECREATIONAL VEHICLES STORED OUTSIDE ON RESIDENTIAL PROPERTIES
(PUBLIC HEARING 111) (LEGISLATIVE) 8
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. REQUEST TO SPEAK FROM IMPACT FEE CONSULTANTS REGARDING IMPACT FEE
REFUND REVIEW AND WRAP-UP 10
10.C. PUBLIC NOTICE ITEMS 12
10.C.1. NOTICE OF SCHEDULED ATTORNEY-CLIENT SESSION FEBRUARY 5, 2013 AT THE
TIME SPECIFIC OF 10:30 A.M.: THE INDIAN RIVER COUNTY ATTORNEY DESIRES
AN ATTORNEY-CLIENT SESSION RE FVP MIAMI LAKES LLC V. INDIAN RIVER
COUNTY PENDING IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL
CIRCUIT, CASE NO 312010CA074993 12
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FEBRUARY 5, 2013. To CONSIDER
ADOPTION OF A PROPOSED ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 100.03(4) OF THE CODE OF INDIAN RIVER COUNTY ("THE
CODE ), CODIFYING AND PUBLISHING THE ORDINANCES UP TO AND INCLUDING
SUPPLEMENT 94 THERETO, READOPTING THE CODE, DESIGNATING THE CODE
AS THE BEST EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY,
FLORIDA, AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE (LEGISLATIVE) 13
11. COUNTY ADMINISTRATOR MATTERS 13
11.A. 1725 17TH AVENUE - OLD JAIL PROPERTY 13
12. DEPARTMENTAL MATTERS 15
12.A. COMMUNITY DEVELOPMENT 15
12.A.1. GO -LINE BUS HUB STATUS UPDATE 15
12.B. EMERGENCY SERVICES - NONE 17
12.C. GENERAL SERVICES - NONE 17
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 18
12.I. PUBLIC WORKS - NONE 18
Mt 143PG309
January 22, 2013 3
12.J. UTILITIES SERVICES - NONE 18
13. COUNTY ATTORNEY MATTERS 18
13.A. 2013 COMMITTEES VACANCIES — APPOINTMENTS 18
14. COMMISSIONER ITEMS 22
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE 22
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 22
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 22
14.D. COMMISSIONER BOB SOLARI 22
14.D.1. REVERSAL OF RELIEF CANALS 22
14.E. COMMISSIONER TIM ZORC 23
14.E.1. CONSIDERATION FOR THE USE OF THE COUNTY'S ADMINISTRATION COMPLEX
PARKING AREA 23
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 24
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 24
16. ADJOURNMENT 24
Mt 143 PG 40Q
January 22, 2013 4
JEFFREY R. SMITH
Clerk to the Board
January 22, 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 22, 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 Maria I. Suesz.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
the Invocation.
3. PLEDGE OF ALLEGIANCE
Planning Director Stan Boling delivered
Commissioner Tim Zorc led the Pledge of Allegiance to the Flag.
tBK 1143 PG 401
January 22, 2013 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda, as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING ALMA MILLER ON HER
RETIREMENT EFFECTIVE JANUARY 31, 2013
Commissioner Zorc read and presented the Proclamation to Alma Miller retiring from the
Indian River County Health Department after twelve years of employment.
S.B. PRESENTATION BY DALE ARMSTRONG, FOREST AREA SUPERVISOR,
FLORIDA FOREST SERVICE, FLORIDA DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES, 20114012 WILDFIRE PROTECTION ANNUAL
REPORT
Forest Area Supervisor Dale Armstrong presented the annual report. He spoke of fire
prevention measures in the rural areas, and spoke of training planned for the fire rescue services
employees. Mr. Armstrong responded to questions from the Board.
January 22, 2013 2
S.C. PRESENTATION BY MISSY EL WARD AND FRANK MANNINO, VOLUNTEER
EVENT ORGANIZERS, ON SAINT BALDRICKS CANCER FOUNDATION
Frank Mannino introduced Indian River County to the St Baldrick's Cancer Foundation
using a PowerPoint presentation (on file), advising the Board that this organization is the largest
National organization that holds head shaving fundraising events to generate money for
childhood cancer research.
Missy Elward provided specifics of the first event to be held in Indian River County
March 2, 2013 at Captain Hiram's Resort in Sebastian. Ms. Elward, as a licensed cosmetologist,
vowed to help volunteers with the regrowth of their hair.
The Board supported their cause and several Commissioners committed to participate.
6. APPROVAL OF MINUTES
6.A. MEETING OF DECEMBER 4, 2012
The Chairman asked if there were any corrections or additions to the minutes. There
were none
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the minutes of the December 4, 2012 meeting, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. DISTRICT SCHOOL BOARD COMMITTEE MEMBERSHIPS
43 PG 403
January 22, 2013
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS - JANUARY 4, 2013 TO JANUARY 10, 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 period of January 4,
2013 to January 10, 2013, as requested in the
memorandum of January 10, 2013.
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDL4N RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously accepted
the quarterly report of the traffic education trust activity,
as requested in the memorandum of January 16, 2013.
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE 26TH ANNUAL NATIONAL
CONFERENCE ON BEACH PRESERVATION TECHNOLOGY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved out of county travel for commissioners and staff
1
to attend the 26th Annual National Conference on Beach
Preservation Technology in Jacksonville, Florida on
February 13-15, 2013, as requested in the memorandum of
January 14, 2013.
January 22, 2013 4
BK 143 PC. 404,
8.11 Won ORDER No. 2 WITH ARDAMAN AND ASSOCIATES, INC. FOR
PROFESSIONAL GEOTECHNICAL SERVICES FOR 43RD AVENUE AND SR 60
INTERSECTION IMPROVEMENTS (18TH STREET TO 26TH STREET) IRC
PROJECT NO. 0853
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved of' Work Order No. 2 to Ardaman and
Associates, Inc. authorizing the professional services as
outlined in the Proposal for Preliminary Contamination
Assessment Services, and authorized the Chairman to
execute Work Order No. 2 on their behalf for a not -to -
exceed amount of $60,748.50, as recommended in the
memorandum of January 8, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. APPROVAL OF AMENDMENT 1 TO A PROFESSIONAL SERVICES
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
REMEDIATION OF CONTAMINATION AT THE SHADOWBROOK ESTATES
PARCEL OF THE SOUTH PRONG PRESERVE CONSERVATION AREA
January 22, 2013 5
OK 143 PG 40E
r
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved Amendment 1 to the Kimley-Horn and
Associates, Inc. Agreement for professional services
relating to the Shadowbrook Estates parcel remediation
and authorized the County Administrator to sign the
amendment on behalf of the County, as recommended in
the memorandum of January 14, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2013016 ANNUAL BID FOR
STREET SWEEPING SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
1) Awarded the bid to Clean Sweep & Vac, LLC as the
lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid;
2) Authorized the Purchasing Division to issue blanket
purchase orders for the period of February 1, 2013 through
January 31, 2014 with the recommended bidder; and
3) Authorized the Purchasing Manager to renew this bid
for two (2) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of Indian River County, as recommended in the
memorandum of January 16, 2013.
43PC40`6
January 22, 2013 6
B.G. EMERGENCY DUNE STABILIZATION PROJECTS - AWARD OF CONTRACT
HENRY FISCHER. & SONS, INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved staff to issue two separate Work Orders to Henry
Fischer & Sons, Inc. in the amounts of $40,562.50 for the
Wabasso Beach Park Dune Stabilization Project, and
$57,881.25 for the Golden Sand Beach Park Dune
Stabilization Project, as recommended in the
memorandum of January 15, 2013.
8.H. APPROVAL OF BID AWARD FOR IRC BID No. 2013013 WEST REGIONAL
WWTP ANAEROBIC TANKS ODOR CONTROL SYSTEM DESIGN AND
IMPROVEMENTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved 1) staff to award the bid to R. J. Sullivan Corp.,
as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the invitation to
bid; 2) approved the sample agreement authorizing the
Chairman to execute said agreement after receipt and
approval of the required certificate of insurance and after
the County Attorney has approved the agreement as to
form and legal sufficiency, as recommended in the
memorandum of January 15, 2013.
January 22, 2013 7
43PG407
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A.1. PUBLIC HEARING(S)
10.A.1. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDRs) CHAPTERS 911, 912, AND 971 TO ALLOW
OUTDOOR VEHICLE STORAGE USE IN THE CL (LIMITED COMMERCIAL)
AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS AND TO
ELIMINATE LIMITATIONS ON LENGTH OF RECREATIONAL VEHICLES
STORED OUTSIDE ON RESIDENTIAL PROPERTIES (PUBLIC HEARING
#1) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling recalled the meeting of September 11, 2012 when Mr.
George Sigler requested the Board to allow paved or unpaved outdoor vehicle storage in a
Commercial Limited (CL) zoning district. Thereafter staff analyzed the County's existing
regulations, and on October 23, 2012, staff was directed to initiate amendments to the Land
Development Regulations (LDRs). Director Boling used a PowerPoint presentation (on file) to
review the criteria of a proposed LDR amendment ordinance. He advised that the Planning and
Zoning Commission voted 6-0 in favor of the Board adopting the amendment Ordinance.
Director Boling reminded the Board that two public hearings are required before final adoption.
Director Boling responded to questions from the Board
The Chairman opened the Public Hearing.
January 22, 2013
8
43 'PG '408
Bob Johnson, Coral Wind Subdivision, wanted language included in the amendment
ordinance clarifying that no County ordinance supersedes any private regulations.
Jack Risser, 14345 78th Avenue, Sebastian, whose property is adjacent to property zoned
CL, discussed concerns he had regarding large vehicle traffic, and the vehicles encroaching onto
his property to make a U-turn.
Jim Applegate, 14445 80th Avenue, Sebastian agreed with his neighbor, Mr. Risser. He
gave several examples on how outside storage could become an eyesore, the possibility of
storing and selling vehicles on the property, and brought photos (on file) of buffer zones in his
neighborhood that the Board previously approved that were not meeting current requirements.
He advocated that there was no way the Board could enforce what the amendment ordinance
proposed, and asked the Board not to appease one business man by approving this ordinance.
Under discussion, the Board acknowledged that Mr. Applegate had some legitimate
concerns particularly when he brought into the picture other businesses at a different location.
However, it was pointed out that the ordinance specifically prohibits the sale of vehicles in a CL
zoned district.
Mr. Applegate suggested giving Mr. Sigler a variance.
Vice Chairman Davis said he would like to do that, and he understood the Special
Exception Use was the best process for the Board to follow.
Chairman Flescher commented that the residential criteria of no more than a 400 square
foot area for outside storage may be too much, and thought it made more sense to rezone from
CL to CG.
Commissioner Solari wanted to do more research. He suggested having the second
public hearing to hear additional conversation.
January 22, 2013 9
tik 43 PG 401
Christine Applegate, 14445 80th Avenue, expressed concerns about the children in the
neighborhood getting hurt by a vehicle.
Dave Stewart, 14425 80th Avenue, Sebastian, recommended that the Board remove the
residential section of the ordinance and handle it as a separate issue.
Nancy Gabor, 14465 80th Avenue, said it seems unfair that other neighborhoods have
protection by their own ordinances, which she did not have in her neighborhood, and she did not
see any benefits from these changes.
There being no other speakers, the Chairman closed the Public Hearing.
Chairman Flescher shared similar concerns expressed by the speakers, but he did not
know how they could discern a commercial vehicle from a recreational vehicle.
Vice Chairman Davis learned that staff had not heard any resistance from the south
county people, and he thought this was a good intention gone awry.
There was a CONSENSUS of the Board to direct staff to
look into these concerns, and take into account other
factors, and prepare alternatives for the Board to consider
at the February 5, 2013 meeting.
(CLERK'S NOTE: THE CHAIRMAN CALLED A BREAK AT 11:08 A.M. AND RECONVENED THE
MEETING AT 11:15 A.M. WITH ALL MEMBERS PRESENT.)
10.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM IMPACT FEE CONSULTANTS REGARDING
IMPACT FEE REFUND REVIEW AND WRAP-UP
'I 4 3 PG 41 Qi
January 22, 2013 10
Charlie Wilson, Impact Fee Consultants reviewed the progress taken by the County on
impact fee refunds for Fund 101, crediting the Board for their actions in this matter. He spoke
about Fund 103, disagreeing with the decision made by the Board not to expend the remaining
$83,000 in the fund, and he urged the Board to order staff to expend these last few remaining
refunds.
County Attorney Alan S. Polackwich, Sr. addressed the allegations made by Mr. Wilson
concerning impact fee refunds. He defined the refund process, stating that the process was not
fully accepted by Mr. Wilson, and that this is the same argument that Mr. Wilson spoke of in the
past.
Charlie Wilson disagreed and a discussion followed between the Board and Mr. Wilson
regarding the crux of their disagreement. Mr. Wilson stated that the 74 people deserving of a
refund fell under the 2005 Ordinance, not the revised Ordinance 2012-004 that staff followed.
He failed to see how those eligible before the Ordinance was revised became disqualified for
their refund.
The Board supported staff's actions as following the process defined in the Ordinance
properly, and they elaborated on how the impact fee funds were expended.
Mr. Wilson did not relinquish his position.
Attorney Polackwich explained further that the only real change to Ordinance 2012-004
was the addition of dual noticing to the process He also made it clear to Mr. Wilson that under
the County Code, he represents the public and reports to the Board, not the County
Administrator, as Mr. Wilson stated earlier.
Discussion ensued by Commissioner Zorc questioning whether the Board is limited to
spending or refunding the remaining funds. He addressed the overlapping time factor and
143p ►411
January 22, 2013 11
remarked that he saw this problem occurring each quarter when there are available funds.
However, Mr Wilson said it was a one-time situation. If the ordinance had been written nine
months earlier; there would not be an overlapping problem.
Administrator Baird vouched that staff's actions were appropriate as directed by the
Board, and told Mr. Wilson that he did not appreciate the negative allegations made towards him
and his staff.
Chairman Flescher supported staff, stating that they have been committed to the Board's
direction and he addressed some of the negative allegations Mr. Wilson directed towards
Administrator Baird, the County Attorney and staff. He told Mr. Wilson it was not appropriate
and that the Board would not tolerate it in the future. He invited Mr Wilson, if he wanted to
discuss this further, to point out specific areas that the Board might be concerned with, and
convey them in a factual and positive manner.
Mr. Wilson said he did plan to come back to the Board, and advised that he was taking
proper measures to form a political action committee whose responsibility would be to raise
money and organize people whose express purpose will be to support candidates that will
remove the current County Administrator from his position.
NO BOARD ACTION REQUIRED OR TAKEN
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF
10. C.1. NOTICE OF SCHEDULED ATTORNEY-CLIENT SESSION FEBRUARY 5,
2013 AT THE TIME SPECIFIC OF 10:30 A.M.: THE INDIAN RIVER COUNTY
ATTORNEY DESIRES AN ATTORNEY-CLIENT SESSION RE FVP MIAMI
LAKES LLC V. INDL4N RIVER COUNTY PENDING IN THE CIRCUIT COURT
OF THE NINETEENTH JUDICIAL CIRCUIT, CASE No. 31201OCA074993
January 22, 2013 12
1:43PG412
(LEGISLATIVE)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FEBRUARY 5, 2013: To
CONSIDER ADOPTION OF A PROPOSED ORDINANCE OF INDIAN RIVER
COUNTY, FLORIDA, AMENDING SECTION 100.03(4) OF THE CODE OF
INDIAN RIVER COUNTY ("THE CODE"), CODIFYING AND PUBLISHING THE
ORDINANCES. UP TO AND INCLUDING SUPPLEMENT 94 THERETO,
READOPTING THE CODE, DESIGNATING THE CODE AS THE BEST
EVIDENCE OF THE CURRENT LAW OF INDIAN RIVER COUNTY, FLORIDA,
AND PROVIDING FOR SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE (LEGISLATIVE)
County Attorney Polackwich read the notices into the record.
4
11. COUNTY ADMINISTRATOR MATTERS
11.A. 1725 17TH AVENUE - OLD JAIL PROPERTY
County Administrator Joseph Baird reviewed his memorandum regarding the ownership
of the old jail property. He brought the Board up to date, advising that since the Board's
December 4, 2012 meeting, staff had followed their direction and contacted the Boys and Girls
Club and St. Francis Manor regarding any interest they may have in leasing the old jail property.
Both organizations responded by letter (on file) with a proposal that the land be split between the
two, and asked that it be added to their respective current $1 per year lease, as an opportunity for
both organizations to set aside land for future expansion and outside activities. He also advised
that according to the County Attorney, the Board cannot dispose of this property, as he
previously recommended, which left the Board the options to sell the property at fair market
value based on an appraisal; sell the property by auction, or sell the property by sealed bid.
According to the Property Appraiser's records, Administrator Baird advised that the total value
January 22, 2013 13
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of the property was $841,970, and he did not think an auction or sale would reap anywhere near
that amount.
Jay McNamara, Co -Chairman of the Boys and Girls Club, spoke about the mission of
the organization and advised that they were seeking this land for outdoor activities.
Louis Schacht, President of the Board of Directors of St. Francis Manor, said that the
majority of their residents live on less than a thousand dollars of income a month. "The Manor's
rents are small and the waiting list is large," he said. He provided several reasons for the Board
to approve his request to grant this lease.
Glenn Heran, President of the Taxpayers Association, relayed the taxpayers' position in
this matter, and suggested the Board sell this property for fair market value, and put it back on
the tax roll to allow the charities to do what they do without government intervention.
City Manager Jason Nunemaker, Fellsmere commented on the City of Fellsmere's
experience with the Boys and Girls Club, stating that their service has been outstanding, and the
City recognizes that government could not afford to provide the same services as inexpensively,
or more efficiently than they do.
Chairman Flescher reflected on his experience with the Boys and Girls Club from his
former career and showed appreciation for Mayor Nunemaker's comments. He asked the Board
to review the report provided to them (not available) showing the funds allocated over the past
twelve years to the Club.
Vice Chairman Davis did not feel it was the right time to sell the property.
January 22, 2013 14
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner O'Bryan, to direct the
County Attorney to add this property to the existing leases
of the Boys and Girls Club and St. Francis Manor.
Under discussion, it was the opinion of Commissioner Solari and Chairman Flescher to
avoid government intervention with charitable organizations, sell the land, and place the property
back on the tax roll.
The Chairman CALL THE QUESTION and the Motion
carried, by a 3-2 vote (Chairman Flescher and
Commissioner Solari opposed).
12.. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. GO -LINE BUS HUB STATUS UPDATE
(CLERK'S NOTE: THIS ITEM WAS HEARD FOLLOWING COUNTY ATTORNEY MATTERS ITEM 13.A.
AND IS PLACED HERE FOR CONTINUITY. VICE CHAIRMAN DAVIS LEFT THE MEETING AT THE
CONCLUSION OF ITEM 13.A. TO ATTEND ANOTHER MEETING).
Community Development Director Bob Keating reviewed his memorandum, advising the
Board that on January 10, 2013, the City of Vero Beach sent the County a Code Enforcement
citation stating that the current lease location of the Go -Line Bus Hub is not consistent with City
zoning, and the County has until February 22, 2013 to vacate the property. Director Keating said
that staff has been working with the City to find a new location, and advised that the County
Attorney has asked the City to dismiss the citation in the interim. Director Keating presented
several parking lot designs (on file) as suggested at the Board's December 18, 2012 meeting, to
relocate the bus hub to the parking lot west of Building A within the County Administration
January 22, 2013 15
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Complex. He was seeking feedback and conceptual approval from the Board, for staff to move
forward and to work further on the engineering design.
Discussion ensued and the Commissioners spoke of how they were bothered by the
demands from the City of Vero Beach, and their lack of financial support. Several
Commissioners expressed their appreciation to the smaller municipalities for their recognition of
the benefits of having public transportation provided throughout their cities, and thanked them
for their financial support.
Chairman Flescher wished that the County had the opportunity to leave the bus hub at its
current location, or the adjoining property that used to be occupied by County government for
many years.
Commissioner Solari professed what a tremendous asset the transportation service is to
the citizens of the community, and he hoped the City of Vero Beach could work this out with the
County.
MOTION WAS MADE by Commissioner Solari,
SECONDED BY Commissioner O'Bryan, to move
forward with staff's recommendation to work on
relocating the Go -Line bus hub, as presented.
Discussion continued with questions from the Board to staff regarding the flow of traffic
expected in the designs presented.
Chairman Flescher wanted staff to take into account any needs or concerns the
Constitutional Officers may have regarding the changes to the parking lots, so the Board could
address them while they were in the design stage.
January 22, 2013 16
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Public Works Director Chris Mora said staff would look at the whole parking lot scheme
once the spaces are used by the bus hub.
Bob Johnson, Coral Wind Subdivision commented that it appeared the driving force was
to obtain Federal grant money.
Mr. Nunemaker believed a long term range of sustainable funding does need to be
arrived at, and Fellsmere would like to participate in that strategy.
Attorney Polackwich anticipates the code enforcement hearing to take place on February
22, 2013, and asked for a Resolution from this Board specifically stating that action be deferred
until the County completes this solution.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to have staff
bring back in early February a Resolution asking the Code
Enforcement Board to defer action.
The Chairman CALLED THE QUESTION and the
Motion carried, by a 4-0 vote (Commissioner Davis
absent). The Board approved to move forward,
authorizing staff to work on the relocation of the Go -Line
bus hub as presented in the back up and bring back in
early February a Resolution specifically asking the Code
Enforcement Board to defer action until the County
completes this solution.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
January 22, 2013
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12.13. 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.I. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. 2013 COMMITTEES VACANCIES -APPOINTMENTS
(Clerk's note: This item was heard following Item 11.A. and is placed here for continuity).
Attorney Polackwich reviewed his memorandum, and read the list of vacancies and
names of applicants who have submitted their application, and proceeded with the nomination
process
Chairman Flescher opened the floor for nominations for the Representative of
Horticulture Industry for the Agriculture Advisory Committee.
Vice Chairman Davis nominated David Howard.
Commissioner O'Bryan seconded the nomination.
January 22, 2013 18
It 43 PG 4,1.8.
Commissioner Solari nominated Robert Lindsay, Jr.
There was no SECOND, and the nomination failed.
There were no other nominations. The Chairman closed the floor for nominations.
Chairman Flescher CALLED FOR THE VOTE on the
nomination of David Howard, and by a 3-2 vote
(Commissioner Solan and Chairman Flescher opposed)
the Board accepted the nomination and appointed David
Howard as Representative of the Horticulture Industry for
the Agricultural Advisory Committee.
Chairman Flescher opened the floor for nominations for the Member at Large for the
Children's Services Advisory Committee.
Commissioner Solari nominated Paul Reeves.
Vice Chairman Davis seconded the nomination.
There were no other nominations. Chairman Flescher closed the floor for nominations.
The Chairman CALLED FOR THE VOTE on the
nomination of Paul Reeves and the Board unanimously
accepted the nomination and appointed Paul Reeves as
Member at Large for the Children's Services Advisory
Committee.
Attorney Polackwich pointed out that there is only one applicant and one position for
Inspector or Plans Examiner for the Construction Board of Adjustment, Michael Lue, P E
January 22, 2013
19
II 143 PG 419
The Chairman called for a motion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
appointed Michael Lue, P. E as Inspector or Plans
Examiner for the Construction Board of Adjustment.
Chairman Flescher opened the floor for nominations for the Local Manufacturing
Representative of the Economic Development Council.
Commissioner O'Bryan nominated Mark Caslow.
Commissioner Zorc seconded the nomination.
There were no other nominations. The Chairman closed the floor for nominations.
The Chairman CALLED FOR THE VOTE on the
nomination of Mark Caslow, and the Board unanimously
accepted the nomination, and appointed Mark Caslow as
Local Manufacturing Representative for the Economic
Development Council.
Attorney Polackwich announced that Aaron Bowles recently withdrew his application
from consideration.
Chairman Flescher opened the floor for nominations for two vacancies for Member -at -
Large for the Economic Development Council.
It 43PG420
January 22, 2013 20
Chairman Flescher nominated Karl Zimmermann and
Todd Howder. Commissioner Solari seconded the
nominations.
Commissioner Zorc believed that the list of applicants was weighted by backgrounds in
real estate, and questioned how the Board could engage others to obtain diversification.
Chairman Flescher and Commissioner Solari elaborated on the additional experience and
knowledge of the nominees and other applicants.
Karl Zimmermann stated he had been in Vero Beach for 42 years, and he spent the last
two years filling the seat of someone else. He has been active in the real estate business only
since 2001, after he left the Tax Collector's office. Knowing some of the applicants, he believed
there was diversity among those listed.
Commissioner Zorc nominated Kevin Berry and John
Dryer. Vice Chairman Davis seconded the nomination, for
discussion.
There was no further discussion, and there were no other nominations. The Chairman
closed the floor for nominations.
The Chairman CALLED FOR THE VOTE on the
nomination for Karl Zimmermann and Todd Howder, and
by a 4-1 vote (Commissioner Zorc opposed), the Board
accepted the nomination and appointed Karl Zimmermann
and Tom Howder for Members -at -Large on the Economic
Development Council.
X43 PG 421
January 22, 2013 21
Chairman Flescher opened the floor for nomination for Member from the Community at
Large for the Enterprise Zone Development Agency.
Commissioner O'Bryan nominated Chris Russell. Vice
Chairman Davis seconded the nomination.
There were no other nominations. The Chairman closed the floor for nominations.
The Chairman CALLED FOR THE VOTE on the
nomination of Chris Russell, and the Board unanimously
accepted the nomination, and appointed Chris Russell for
Member from the Community at Large for the Enterprise
Zone Development Agency.
Commissioner Davis exited the meeting.
14. COMMISSIONER 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
14.D. COMMISSIONER BOB SOLARI
14.D.1. REVERSAL OF RELIEF CANALS
Commissioner Solari asked for the Board's consensus to work with staff on developing a
plan to reverse the waters from the three relief canals to storage areas to the west, and wanted to
January 22, 2013 22
143 PG 422
start the identification process of those who would be involved and look at how to fund the
project.
Commissioner Zorc said he would provide him with a map made to visually see where
the water was coming from.
Commissioner O'Bryan asked that he look at the storage and treatment of the water in a
way to get a more consistent flow into the Lagoon.
Chairman Flescher thanked Commissioner Solari for bringing this item forward, and said
he did not need a motion to proceed.
14.E. COMMISSIONER TIM ZORC
14.E.1. CONSIDERATION FOR THE USE OF .THE COUNTY'S ADMINISTRATION
COMPLEX PARKING AREA
Commissioner Zorc asked the Board if it would be acceptable to use the County
Administration Complex parking areas as overflow for the Gospel Fest being held February 1-2,
2013 at the Vero Beach Municipal Airport.
Commissioner O'Bryan was skeptical on what this pastor was bringing to the
community, and did not support this event.
January 22, 2013 23
ON MOTION by Commissioner Zorc, SECONDED BY
Commissioner Solari, by a 3-1 vote (Commissioner
O'Bryan opposed, and Vice Chairman Davis absent), the
Board approved the use of the County parking areas as
overflow for the Gospel Event at the Airport on February
1-2, 2013, provided the County Attorney found no
insurance issues.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:50
p.m.
January 22, 2013 24
1.143 PG 42
ATTEST:
4111111111k j
Jef %ami ose E Flescher, Chairman
Cle • Circuit Court and Comptroller
Minutes Approved: MAR 0 5 2013
BCC/MS/2013Minutes
January 22, 2013 25
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