HomeMy WebLinkAbout01/08/2013 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JANUARY 8, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
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
•
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
Deputy Teddy Floyd, IRC Sheriff Department
Commissioner Wesley S. Davis, Vice Chairman
CONSTITUTIONAL OFFICERS OATH OF OFFICE
The Honorable Judge David C. Morgan, Indian River County, 19th Judicial Circuit
Court of Flonda
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation on Lagoon Greenway by Ken Grudens, Executive Director,
Indian River Land Trust
January 8, 2013
PAGE
Mt 143 PG 333
Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
B. Presentation of Proclamation Designating February 21, 2013 as Harlem
Ambassadors Basketball Game and Show Night at Sebastian River High
School 1
6. APPROVAL OF MINUTES
A. Regular Meeting of November 13, 2012
B. Regular Meeting of November 20, 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — December 7, 2012 to December 13, 2012
(memorandum dated December 13, 2012)
2-9
B. Approval of Warrants — December 14, 2012 to December 20, 2012
(memorandum dated December 20, 2012) 10-18
C. Approval of Warrants — December 21, 2012 to December 27, 2012
(memorandum dated December 27, 2012) 19-24
D. 2013 Blanket Authorization for Commissioners to Travel Out of County
(memorandum dated November 29, 2012) 25-27
E. Permission to Advertise for Public Hearing for Amendment to Section
100.03(4) of the Indian River County Code, Codifying and Publishing the
Ordinances to Readopt the Code up to and Including Supplement 94 as
Published by the Municipal Code Corporation
(memorandum dated December 26, 2012)
28
F. Amendment to Purchasing Manual
(memorandum dated December 21, 2012) 29-31
G. Work Order No. 17 — Bndge Design Associates, Inc. — Release of Retainage
Pedestrian Bridge — Old Dixie Highway Sidewalk from 38th Lane to 65th
Street, IRC Project No. 0845
(memorandum dated December 11, 2012)
32-33
8I 43 PG 334
January 8, 2013 Page 2 of 6
8. CONSENT AGENDA PAGE
H. 66th Avenue — Phase 2 (4th Street to 16th Street) Subordination of Utility
Interests and Agreement for Reimbursement for Additional Facility
Relocations for FPL, IRC Project No 9810B
(memorandum dated December 13, 2012) 34-40
I. Award of Bid No 2013007 Correction, Indian River Boulevard Re -surfacing
(41St Street to 53rd Street), IRC Project No. 1131
(memorandum dated December 14 2012) 41
J. Miscellaneous Budget Amendment 005
(memorandum dated January 2, 2013) 42-51
K. Mental Health Association funding for fiscal year 2012/13
(memorandum dated January 2, 2013) 52-53
L. Work Order No. 3 Final Pay and Release of Retainage, Masteller, Moler,
Reed & Taylor, Inc. — 87 h Street Right -of -Way and Topographic Survey,
IRC Project No. 1205
(memorandum dated December 18, 2012)
54-56
M. Work Order No. 3 to the Continuing Contract Agreement for Professional
Services with Schulke, Bittle & Stoddard, LLC for Engineering Drawings
and Scope of Work for Roof Replacement over the Indian River County
Fairgrounds Agricultural Pavilion, Indian River County Project No. 1238
(memorandum dated December 17, 2012)
57-59
•
N. Addendum No. 1 to the Agreement for Old Dixie Highway Sidewalk from
8th Street to SR 60, IRC Project No. 1102, Bid No. 2012052
(memorandum dated December 20, 2012)
60-74
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
January 8, 2013
IN 43 PG 335
Page 3 of 6
10. PUBLIC ITEMS PAGE
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 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) 75-76
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Consideration of Meeting Dates for Proposed Amendments to the
County's Land Development Regulations (LDRs) to Allow Outdoor
Vehicle Storage Use in the CL (Limited Commercial) and CG
(General Commercial) Zoning Districts
(memorandum dated December 17, 2012)
77-78
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
OK 143 PG 336
January 8, 2013 Page 4 of 6
12.
DEPARTMENTAL MATTERS PAGE
G. Office of Management and Budget
H.
I.
None
Recreation
None
Public Works
1. Resolutions for Paving (Millings) Improvements and to set a Public
Hearing for 7th Place Petition Millings Project from 63th Avenue to
60th Avenue in the Pine Tree Park Subdivision — IRC Project No.
1212
(memorandum dated December 21, 2012)
79-93
J. Utilities Services
1. Approval of Amendment 1 to Work Order No. 3 with Kimley-Horn
and Associates, Inc.
(memorandum dated December 11, 2012)
94-99
13. COUNTY ATTORNEY MATTERS
A. Possible New Incentives in the Enterprise Zone
(memorandum dated December 31, 2012) 100-131
B. Sale of Surplus State Land — Indian River Correctional Institute
(memorandum dated January 2, 2013) 132-133
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Bryan
None
D. Commissioner Bob Solari
January 8, 2013
None
43PG33'
Page 5 of 6
14.
COMMISSIONERS ITEMS
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
Solid Waste Disposal District
1. Approval of Minutes — Meeting of November 13, 2012
PAGE
2. Change Order No. 1 to Mancil's Tractor Service, Inc. for Customer
Convenience Center Paving Improvements (Bid No. 2012047) 134-138
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 meetmg.
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 8, 2013
43PG339
Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JANUARY 8, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
CONSTITUTIONAL OFFICERS OATH OF OFFICE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION ON LAGOON GREENWAY BY KEN GRUDENS, EXECUTIVE
DIRECTOR, INDIAN RIVER LAND TRUST 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 21, 2013 AS
HARLEM AMBASSADORS BASKETBALL GAME AND SHOW NIGHT AT SEBASTIAN
RIVER HIGH SCHOOL 2
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF NOVEMBER 13, 2012 3
6.B. REGULAR MEETING OF NOVEMBER 20, 2012 3
January g, 2013 1
43P6340
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS - DECEMBER 7, 2012 TO DECEMBER 13, 2012 4
8.B. APPROVAL OF WARRANTS - DECEMBER 14, 2012 TO DECEMBER 20, 2012 4
8.C. APPROVAL OF WARRANTS - DECEMBER 21, 2012 TO DECEMBER 27, 2012 4
8.D. 2013 BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF
COUNTY 5
8.E. PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR AMENDMENT TO
SECTION 100 03(4) OF THE INDIAN RIVER COUNTY CODE, CODIFYING AND
PUBLISHING THE ORDINANCES TO READOPT THE CODE UP TO AND INCLUDING
SUPPLEMENT 94 AS PUBLISHED BY THE MUNICIPAL CODE CORPORATION 5
8.F. AMENDMENT TO PURCHASING MANUAL 5
8.G. WORK ORDER NO. 17 - BRIDGE DESIGN ASSOCIATES, INC. - RELEASE OF
RETAINAGE PEDESTRIAN BRIDGE - OLD DIXIE HIGHWAY SIDEWALK FROM 38TH
LANE TO 65TH STREET, IRC PROJECT No. 0845 6
8.H. 66TH AVENUE - PHASE 2 (4TH STREET TO 16TH STREET) SUBORDINATION OF
UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR ADDITIONAL
FACILITY RELOCATIONS FOR FPL, IRC PROJECT No. 9810B 6
8.I. AWARD OF BID NO: 2013007 CORRECTION, INDIAN RIVER BOULEVARD RE-
SURFACING (41 ST STREET TO 53RD STREET), IRC PROJECT NO. 1131 7
8.J. MISCELLANEOUS BUDGET AMENDMENT 005 7
8.K. MENTAL HEALTH ASSOCIATION FUNDING FOR FISCAL YEAR 2012-13 7
8.L. WORK ORDER No. 3 FINAL PAY AND RELEASE OF RETAINAGE, MASTELLER,
MOLER, REED & TAYLOR, INC. - 87TH STREET RIGHT-OF-WAY AND
TOPOGRAPHIC SURVEY, IRC PROJECT No. 1205 8
8.M. WORK ORDER NO. 3 TO THE CONTINUING CONTRACT AGREEMENT FOR
PROFESSIONAL SERVICES WITH SCHULKE, BITTLE & STODDARD, LLC FOR
ENGINEERING DRAWINGS AND SCOPE OF WORK FOR ROOF REPLACEMENT OVER
THE INDIAN RIVER COUNTY FAIRGROUNDS AGRICULTURAL PAVILION, INDIAN
RIVER COUNTY PROJECT NO. 1238 9
8.N. ADDENDUM NO. 1 TO THE AGREEMENT FOR OLD DIXIE HIGHWAY SIDEWALK
FROM 8TH STREET TO SR 60, IRC PROJECT No. 1102, BID No. 2012052 9
January 8, 2013 2
43P6341
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 9
10. PUBLIC ITEMS 10
10.A. PUBLIC HEARINGS - NONE 10
10.B. PUBLIC DISCUSSION ITEMS 10
10.B.1. 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) 10
10.C. PUBLIC NOTICE ITEMS -NONE 10
11. COUNTY ADMINISTRATOR MATTERS -NONE 10
12. DEPARTMENTAL MATTERS 10
12.A. COMMUNITY DEVELOPMENT 10
12.A.1. CONSIDERATION OF MEETING DATES FOR PROPOSED AMENDMENTS TO THE
COUNTY'S LAND DEVELOPMENT REGULATIONS (LDRs) TO ALLOW OUTDOOR
VEHICLE STORAGE USE IN THE CL (LIMITED COMMERCIAL) AND CG (GENERAL
COMMERCIAL) ZONING DISTRICTS 10
12.B. EMERGENCY SERVICES - NONE 11
12.C. GENERAL SERVICES - NONE 11
12.D. HUMAN RESOURCES - NONE 11
12.E. HUMAN SERVICES - NONE 11
12.F. LEISURE SERVICES - NONE 11
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11
12.H. RECREATION - NONE 11
12.I. PUBLIC WORKS 11
12.1.1. RESOLUTIONS FOR PAVING (MILLINGS) IMPROVEMENTS AND TO SET A PUBLIC
HEARING FOR 7TH PLACE PETITION MILLINGS PROJECT FROM 63RD AVENUE TO
60TH AVENUE IN THE PINE TREE PARK SUBDIVISION — IRC PROJECT NO. 1212 12
12.J. UTILITIES SERVICES 12
12.7.1. APPROVAL OF AMENDMENT 1 TO WORK ORDER No. 3 WITH KIMLEY-HORN
AND ASSOCIATES, INC. 12
January 8, 2013 3
143 PG 342
13. COUNTY ATTORNEY MATTERS 13
13.A. POSSIBLE NEW INCENTIVES IN THE ENTERPRISE ZONE 13
13.B. SALE OF SURPLUS STATE LAND - INDIAN RIVER CORRECTIONAL INSTITUTE 15
14. COMMISSIONER ITEMS 16
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE 16
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 17
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 17
14.D. COMMISSIONER BOB SOLARI -NONE 17
14.E. COMMISSIONER TIM ZORC - NONE 17
15. SPECIAL DISTRICTS AND BOARDS 17
15.A. EMERGENCY SERVICES DISTRICT - NONE 17
15.B. SOLID WASTE DISPOSAL DISTRICT 17
15.B.1. APPROVAL OF MINUTES - MEETING OF NOVEMBER 13, 2012 17
15.B.2. CHANGE ORDER No. 1 TO MANCIL'S TRACTOR SERVICE, INC. FOR CUSTOMER
CONVENIENCE CENTER PAVING IMPROVEMENTS (BID No. 2012047) 17
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 17
16. ADJOURNMENT 17
January 8, 2013 4
811 43P634.3
JEFFREY R. SMITH
Clerk to the Board
January 8, 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 8, 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
Freddie Woolfork, Progressive Civic League of Gifford, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Vice Chairman Davis led the Pledge of Allegiance to the Flag.
January 8, 2013 1
0111/43 PG 344
CONSTITUTIONAL OFFICERS OATH OF OFFICE
THE HONORABLE JUDGE DAVID C. MORGAN, INDIAN RIVER COUNTY, 19TH
JUDICIAL CIRCUIT COURT OF FLORIDA
Judge Morgan administered individually the Oath of Office to elected Tax
Collector Carole Jean Jordan, and Clerk of the Circuit Court and Comptroller Jeffrey R.
Smith, re-elected Sheriff Deryl Loar, Property Appraiser David Nolte, and Supervisor of
Elections Leslie Rossway Swan.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION ON LAGOON GREENWA Y BY KEN GR UDENS, EXECUTIVE
DIRECTOR, INDL4NRIVER LAND TRUST
Ken Grudens, Executive Director, Indian River Land Trust, gave a presentation (copy
on file) highlighting the features of the new Indian River Lagoon Greenway. This multiuse trail
way begins at 8th Street and Indian River Boulevard, extends three miles to the Indian River
Lagoon in Vero Beach. Mr. Grudens responded to questions from the Board.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING FEBRUARY 21, 2013 AS
HARLEM AMBASSADORS BASKETBALL GAME AND SHOW NIGHT AT
SEBASTIAN RIVER HIGH SCHOOL
January 8, 2013 2
43PG345
Chairman Flescher read and presented the Proclamation to Jim Davis, President, Indian
River County National Alliance on Mental Illness (NAMI).
6. APPROVAL. OF MINUTES
6.A.. REGULAR MEETING OF NOVEMBER 13, 2012
6.B. REGULAR MEETING OF NOVEMBER 20, 2012
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the minutes of the November 13, 2012 and November 20,
2012 meetings, as written.
7. INFORMATIONAL .ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE
8. CONSENT .AGENDA
Chairman Flescher requested to pull Item 8.K. from the Consent Agenda for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Consent Agenda, as amended.
January 8, 2013 3
OK 143 PG 346
8.A. APPROVAL OF WARRANTS - DECEMBER 7, 2012 TO DECEMBER 13, 2012
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of December 7, 2012 to
December 13, 2012, as requested in the memorandum of
December 13, 2012.
8.B. APPROVAL OF WARRANTS - DECEMBER 14, 2012 TO DECEMBER 20, 2012
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time penod of December 14, 2012 to
December 20, 2012, as requested in the memorandum of
December 20, 2012.
8.0 APPROVAL OF WARRANTS - DECEMBER 21, 2012 TO DECEMBER 27, 2012
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of December 21, 2012 to
December 27, 2012, as requested in the memorandum of
December 27, 2012.
January 8, 2013 4
81 143 PG 347
8.D. 2013 BLANKET AUTHORIZATION FOR COMMISSIONERS TO. TRAVEL OUT
OF COUNTY
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the Board Members to travel out of County for
all current and any future assigned committee meetings,
including travel to Tallahassee, Florida, as requested in the
memorandum dated November 29, 2012.
8.E.. PERMISSION TO ADVERTISE FOR PUBLIC HEARING FOR AMENDMENT TO
SECTION 100.03(4) OF THE INDIAN RIVER COUNTY CODE, CODIFYING
AND PUBLISHING THE .ORDINANCES TO READOPT THE CODE UP TO AND
INCLUDING SUPPLEMENT 94 AS PUBLISHED BY THE MUNICIPAL CODE
CORPORATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized staff to advertise for a public hearing on
February 5, 2013, to amend Section 100.03(4) of the
Indian River County Code, as requested in the
memorandum of December 26, 2012.
8.F. AMENDMENT TO PURCHASING MANUAL
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
approved, with no objection, for the County Administrator
to adopt the proposed new section 5.03 for inclusion in the
Purchasing Manual dealing with the method of ranking
competing firms responding to an RFP or RFQ, as
recommended in the memorandum of December 21, 2012.
January 8, 2013 5
143 PG 348
8.G. WORK ORDER No. 17='BRIDGE DESIGNASSOCL4TES, INC. - RELEASE OF
RETAINAGE PEDESTRL4NBRIDGE - OLD DIXIE HIGHWAY SIDEWALK
FROM 38TH LANE TO 65TH STREET, IRC PROJECT NO. 0845
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment of Bridge Design Associates, Inc., Invoice No.
10-542/R, dated November 8, 2012 in the amount of
$482.00 for final release of retainage, as recommended in
the memorandum of December 11, 2012.
8.H. 66TH AVENUE - PHASE 2 (4TH STREET TO 16TH STREET) SUBORDINATION
OF UTILITY INTERESTS AND AGREEMENT FOR REIMBURSEMENT FOR
ADDITIONAL FACILITY RELOCATIONS FOR FPL, IRC PROJECT NO.
9810B
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to execute the Subordination
of Utility Interests and Agreement for Reimbursement for
Additional Facility Relocations with Florida Power &
Light Company, as recommended in the memorandum of
December 13, 2012.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
January 8, 2013 6
143 PG 349
8.L AWARD OF BID. NO: 2013007 CORRECTION, INDL4NRIVER BOULEVARD
RE -SURFACING (41ST STREET TO 53RD STREET), IRC PROJECT NO. 1131
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the revised funding amount of $306 882.42 for the
County's portion of costs for Project No. 1131, as
recommended in the memorandum of December 14, 2012.
8.J. MISCELLANEOUS BUDGET AMENDMENT 005
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2013-001, amending the Fiscal Year 2012-
2013 budget.
8.K. MENTAL HEALTH ASSOCL4TION FUNDING FOR FISCAL YEAR 2012-13
Chairman Flescher suggested tabling this item because he believed the Mental Health
Association's new Board of Directors was taking proper steps in the right direction, and he had
concerns of services being interrupted.
County Administrator Joseph Baird advised that the funds had already been suspended
and that the letter had been sent out in the best interest of the County. He preferred the Board
approve this item now, and he would bring the item back when they know that the Association's
Board was on sound footing.
Commissioner Solari agreed with Administrator Baird and appreciated the steps staff had
already taken. He believed it was appropnate to ratify this item now, and later the Board could
welcome the Association's new Board of Directors when they come to the County Commission.
January 8, 2013
7
143 PG 350
Commissioner O'Bryan voiced that the State investigation of settling the Association's
financial affairs was a larger concern, and felt that the Board should suspend funds until the
investigation is over. He suggested as a compromise, to approve staffs recommendation, and to
consider invoices on a case by case basis.
Vice Chairman Davis agreed with Commissioner O'Bryan and suggested the County
Attorney make contact with his colleagues at the hospital to find out the Association's plan of
action and where the funding is going. Then meet with the Association's new Board of
Directors, establish a comfort level, and reinstate the funds.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Davis, the Board unanimously
approved: 1) to ratify the suspension of funding for the
Mental Health Association for Fiscal Year 2012-2013 with
the condition to consider invoices on a case by case basis;
and 2) authorized staff to release the funding once the
Department of Children and Families (DCF) investigation
is completed, and once staff has established a comfortable
level with the Association s plan of action.
8.L. Won ORDER No. 3 FINAL PAY AND RELEASE OF RETAINAGE,
MASTELLER, MOLER, REED & TAYLOR, INC. - 87TH STREET RIGHT-OF-
WAY AND TOPOGRAPHIC SURVEY, IRC PROJECT NO. 1205
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment of Masteller, Moler, Reed & Taylor, Inc., Invoice
No. 3544-11473, Final, dated December 14, 2012 in the
amount of $4,027.05 for final payment and release of
retainage for Work Order No. 3, as recommended in the
memorandum of December 18, 2012.
January 8, 2013 8
II 43PG351
8.M. WORK ORDER No. 3 TO THE CONTINUING CONTRACT AGREEMENT FOR
PROFESSIONAL SERVICES WITHSCHULKE, BITTLE & STODDARD, LLC
FOR ENGINEERING DRAWINGS AND SCOPE OF WORK FOR ROOF
REPLACEMENT OVER THE INDIAN RIVER COUNTY FAIRGROUNDS
AGRICULTURAL PAVILION, INDIAN RIVER COUNTY PROJECT Na 1238
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to execute Work Order No. 3
with Schulke, Bittle & Stoddard, LLC, authorizing the
tasks outlined in the scope of services, for a lump sum
amount of $1,750.00, as recommended in the
memorandum of December 17, 2012.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. ADDENDUM No.1 TO THE AGREEMENT FOR OLD DIXIE HIGHWAY
SIDEWALK FROM 8TH STREET TO SR 60, IRC PROJECT No. 1102, BID No.
2012052
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to execute Addendum No. 1
to the original agreement with Timothy Rose Contracting,
Inc., as recommended in the memorandum of December
20, 2012.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
January 8, 2013 9
143 PG 352
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.111. 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 38THAVENUE)
Robert L Smith was not present. This item was tabled until the Board of County
Commission meeting of January 15, 2013.
10. C. PUBLIC NOTICE ITEMS NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF MEETING DATES FOR PROPOSED AMENDMENTS
TO THE COUNTY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO
ALLOW OUTDOOR VEHICLE STORAGE USE IN THE CL (LIMITED
COMMERCIAL) AND CG (GENERAL COMMERCIAL) ZONING DISTRICTS
Planning Director Stan Boling presented the proposed LDR amendment ordinance as
directed by the Board on October 23, 2012 to allow outdoor vehicle storage in the CL and CG
districts as a special exception use. Pursuant to Florida Statutes Chapter 125.66, he requested the
Board set two required public hearing dates, ten days apart from each other, to move forward
with this item.
X43 PG 353
January 8, 2013 10
There was a brief discussion regarding holding an evening meeting to allow the public to
attend the public hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
one public hearing date to be held at the regular morning
Board meeting of Tuesday, January 22, 2013 at 9:05 a.m.,
and the second public hearing date to be held as a Special
Call meeting on Tuesday, February 5, 2013, at 5:01 p.m.
for the review and approval process for proposed
amendments to the County's Land Development
Regulations (LDRs) to allow outdoor vehicle storage use
in the Limited Commercial (CL) and General Commercial
(CG) Zoning Districts, as recommended in the
memorandum of December 17, 2012.
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.L PUBLIC WORKS
January 8, 2013 11
BK 43PG354
12.1.1. RESOLUTIONS FOR PAVING (MILLINGS) IMPROVEMENTS AND TO SETA
PUBLIC HEARING FOR 7TH PLACE PETITION MILLINGS PROJECT FROM
63RD AVENUE TO 60TH AVENUE IN THE PINE TREE PARK SUBDIVISION -
IRC PROJECT No. 1212
Public Works Director Chris Mora presented this item to the Board.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously
approved: (1) Resolution 2013-002, providing for certain
asphalt milling improvements to 7th Place West of 63`1
Avenue to 60th Avenue, in Pine Tree Park Subdivision,
providing the total estimated cost, method of payment of
assessments, number of annual installments, and legal
description of the area specifically benefitted; and (2)
Resolution 2013-003, setting a time and place at which
the owners of property on 7th Place West of 63`d Avenue
to 60th Avenue in the Pine Tree Park Subdivision, County
Project No. 1212 and other interested persons may appear
before the Board of County Commissioners and be heard
as to the propriety and advisability of making asphalt
milling improvements to said property as to the cost
thereof, as to the manner of payment therefor, and as to
the amount thereof to be specifically assessed against each
property benefitted thereby.
12.J. UTILITIES SERVICES
12.11. APPROVAL OF AMENDMENT 1 TO WORK ORDER No. 3 WITH KIMLEY-
HORN AND ASSOCL4TES, INC.
County Utility Services Director Vincent Burke presented this item to the Board.
II143Pt3'5
January 8, 2013 12
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman. Flescher, the Board unanimously approved and
authorized the Chairman to execute Amendment No. 1 to
Work Order No. 3 with Kimley-Horn and Associates, Inc.,
in the amount of $17,700.00, as recommended in the
memorandum of December 11, 2012.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. POSSIBLE NEW INCENTIVES IN THE ENTERPRISE ZONE
Attorney Polackwich recalled that on September 4, 2012, at the City of Vero Beach
Council meeting, new incentives were discussed which the County could adopt in the Enterprise
Zone. At that meeting the County Attorney's office was tasked to list possible incentives for the
Board to consider. He provided eight incentives, and asked for the Board to identity those which
they were willing to consider for adoption.
1. Subsidize (in whole or in part) County Impact Fees
2. Finance Impact Fees on More Favorable Terms
3. Waive or Subsidize (in whole or in part) Development Fees
4. Subsidize (in whole or in part) Water and Sewer Connection Charges
5. Infrastructure Improvement Program
6. Modify the. Job Grants Program
7. Waive or Subsidize the Local Business Tax Receipt for a Limited Period of Time
8. Waive (in whole or in part) the Franchise Fee or Fee -in -Lieu -of -Franchise Fee for a
Limited Period of Time
Attorney Polackwich responded to questions from the Board.
January 8, 2013 13
143 PG 356
The Commissioners individually voiced their preferences on the eight incentives, and
discussed looking at additional incentives - expanding opportunities throughout the County,
developing strategies to modify the Enterprise Zone area, and finding out how they to be
competitive.
Commissioner Solari wanted a better idea of the potential cost of all of the incentives
before making any decision.
Commissioner O'Bryan suggested increasing funding to the Economic Development
Office to do a better job promoting what our County has to offer.
Helene Castletine stated that she did reach out to the State Coordinator, who sent out a
survey to all the Enterprise Zones through the Chamber of Commerce, and only a handful of
responses were received back. From that survey, a couple of responses were that other counties
do not offer anything within their Enterprise Zones The City of Fort Myers uses the business
tax receipt program, which is the most widely used incentive at the local level. They also have a
water and sewer impact fee waiver. She did reach out to other colleagues, but did not get a lot of
feedback. She felt the Board could look into expanding boundaries, but the County still has to
meet the minimum threshold that the State has required.
MOTION WAS MADE by Vice Chairman Davis, to
direct staff to move forward to analyze all eight
incentives, SECONDED by Chairman Flescher, for
discussion.
Chairman Flescher clarified that the Board was not approving the incentives today; they
were only directing staff to analyze them further.
January 8, 2013 14
X43 PG 3 7
MOTION WAS AMENDED by Vice Chairman Davis
SECONDED by Chairman Flescher, to look at
examination of applications Countywide, not just within
the Enterprise Zone.
•
Discussion continued regarding how to examine applications for various types of
industries.
The Chairman CALLED THE QUESTION, and the
Motion carried. The Board unanimously directed the
County Attorney to fully analyze all incentives for future
consideration and possible adoption, and to look at
examination of applications Countywide and for the
Enterprise Zone.
13.B. SALE OF SURPLUS STATE LAND - INDL4N RIVER CORRECTIONAL
INSTITUTE
Deputy County Attorney William DeBraal presented this item seeking a decision from
the Board to obtain an appraiser for possibly purchasing the surplus State land that once was the
Indian River Correctional Institute. The lowest responsible bidder was Steven Boyle of Boyle &
Drake of Vero Beach. A purchase would not have any restrictions tacked on by the State;
however, should the County not purchase the land and lease the property, the County would be
subject to a host of restrictions on the use of the property, and be under continuous monitoring by
the State.
Attorney Polackwich advised that he had been in discussion with Scott Wilham, Director
of State land, regarding leasing the property. He suggested the Board first proceed in getting the
appraisal to determine the purchase price, and then make their decision to purchase the property,
or, lease the property and be subjected to State regulations.
January 8, 2613 15
43 PG 35
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to have the
property appraised.
Discussion ensued regarding the Board having the option to obtain the appraisal and then
not purchase the property.
Captain Rick Lane from the Sheriff's Office stated that the Sheriff endorsed the concept
of pursuing the appraisal before making a determination, and there are some aspects of lease
requirements that Sheriff Loar would not be in favor of pursuing.
Gene Waddell, Chairman of the Charter High School Board, stated he had been in
contact with Sheriff Loar, and at this time he felt they could cohabitate this property and not
infringe on each other.
Commissioner O'Bryan wanted a plan put together in anticipation of moving forward
after the appraisal was acquired, should there be some time restraints.
Both Cpt. Lane and Mr. Waddell stated that if the Board decides to not purchase the
land and to lease the property instead from the State, they would withdraw.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously authorized staff
to hire Steven Boyle of Boyle & Drake of Vero Beach,
Florida, to perform an appraisal of the former Indian River
Correctional Institute property for staff to bring back to
the Board
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN - NONE
January 8, 2013 16
Mt 143 Pt 35.9
14.B. COMMISSIONER WESLEY S. DAVIS, VICE. CHAIRMAN - NONE
14. C. COMMISSIONER PETER D. O'BRYAN - NONE
14.D. COMMISSIONER BOB SOLARI NONE
14.E. .COMMISSIONER TIMZORC - NONE
15.. SPECIAL DISTRICTS AND BOARDS
15.A EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
0
The Board of the Solid Waste Disposal District reconvened as the Board of
Commissioners of the Solid Waste Disposal District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES -MEETING OF NOVEMBER 13, 2012
15.B.2. CHANGE ORDER No. 1 TO MANCIL'S TRACTOR SERVICE, INC. FOR
CUSTOMER CONVENIENCE CENTER PAVING IMPROVEMENTS (BID No.
2012047)
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 10:59 a.m.
January 8, 2013 17
Mt 43PG360
ATTEST:
Jefrj'. mih
Cle r of Circuit Court & Comptroller
Minutes Approved:
BCC/MS/2013M mute s
FEB 12 2013
eph E Flescher, Chairman
1 43 P6 31► fi
January 8, 2013 18