HomeMy WebLinkAbout12/10/2013MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 10, 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
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
District 4
District 1
District 2
District 5
District 3
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Joseph E Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
None
December 10, 2013
PAGE
144PG668
Page 1 of 7
6. APPROVAL OF MINUTES PAGE
None
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Resignation of the Attorney Representative to the Environmental Control
Hearing Board
(memorandum dated December 3, 2013)
1-2
B. Resignation of Hugh King to the Construction Board of Adjustment &
Appeals
(memorandum dated December 3, 2013)
3-4
C. Resignation of BCC Appointee to the Beach & Shore Preservation Advisory
Committee
(memorandum dated December 3, 2013)
5-6
D. 2013-14 Indian River County School Board Committee Appointments
(memorandum dated December 2, 2013) 7-10
E. Proclamation Designating December 12, 2013 as Poll Worker Appreciation
Day 11
8. CONSENT AGENDA
A. Amendment No. 2 to Indian River County South County Regional Park
Intergenerational Recreation Facility Professional Civil Engineering and
Architectural Services Consultant Agreement RFQ No. 2012024 - IRC
Project No 1135
(memorandum dated November 20, 2013)
12-18
B. Work Order No 3 with Bridge Design Associates, Inc., 13th Street S.W.
Bridge over the IRFWCD Sub -Lateral B-8 Canal (58th Avenue) IRC Project
No. 0530
(memorandum dated November 19, 2013)
19-24
C. Historic Dodgertown (fka Vero Beach Sports Village) Room Renovations —
Change Order No 2 IRC Project No. 1341
(memorandum dated November 22, 2013)
25-28
D. 26th Street Right -of -Way Property, Address: 5020 26th Street
(memorandum dated November 26, 2013) 29-30
OK 144 PG 669
December 10, 2013 Page 2 of 7
8. CONSENT AGENDA
E. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Depai tuient of Transportation (Public Transportation Block Grant)
(memorandum dated November 27, 2013)
PAGE
31-43
F. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Department of Transportation (Nonurbanized Area Formula Grant)
(memorandum dated November 27, 2013)
44-54
G. Florida Department of Law Enforcement FY 2013/2014 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program
(memorandum dated December 2, 2013)
55-67
H. Consultant Selection for RFQ No. 2013049 for Professional Roof Design
and Evaluation Consulting Services for Continuing Services Agreement
(memorandum dated November 26, 2013)
68-69
VB Three Oaks, LLLP's Request for Final Plat Approval for a Plat -Over -
Site -Plan Multi -Family Development to be Known as The Villas at Three
Oaks
(memorandum dated December 2, 2013)
70-77
J. Miscellaneous Budget Amendment 002
(memorandum dated December 2, 2013) 78-91
K. Miscellaneous Budget Amendment 003
(memorandum dated December 4, 2013) 92-98
L Approval of Amendment #3 to JMC Agreement for Custodial Services
(memorandum dated November 15, 2013) 99-101
M. Renewal of Florida Power & Light (FP&L) Care To Share Agreement
(memorandum dated December 3, 2013) 102-112
N. Approval of Bid Award for IRC Bid No. 2014015 and Request for Budget
Amendment — Gifford Park Ball Fields Grading Improvements
(memorandum dated December 2, 2013)
113-127
O. First Amendment and Modification of Agreement for 16th Street Ball Fields
(memorandum dated December 2, 2013) 128-133
MC 144 PG 670
December 10, 2013 Page 3 of 7
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
A. Deryl Loar — Indian River County Sheriff
Forfeiture Trust Fund
(letter dated December 3, 2013) 134
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Consideration of Amendment to Land Development Regulations
(LDRs) Section 915.20(8) to Allow Drive-through and Drive -up
Facilities in Mixed Use PDs (Planned Developments)
(memorandum dated November 25, 2013)
135-149
(Legislative)
2. Consideration of Amendments to Land Development Regulations
(LDRs) Chapter 911 Zoning, Chapter 912, Single-family
Development; and Chapter 974, Noise and Vibration Control, to
Regulate the Location and Sound Mitigation of Outdoor Mechanical
Equipment in Planned Developments and Small -lot Subdivisions
with Reduced Yard Setbacks to Minimize Potential Noise
Disturbance to Adjacent Properties
(memorandum dated November 26, 2013)
150-169
(Legislative)
3. Consideration of Amendment to Subdivision Ordinance Chapter
913 to Allow Additional Two Year Extension for Sidewalk
Construction in Certain Active Subdivisions Platted Pnor to 2009
(memorandum dated November 25, 2013)
170-181
(Legislative)
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 Dr. Grant Gilmore, President, Estuarine,
Coastal, and Ocean Science, Inc (ECOS) Regarding the Oslo Boat
Ramp
182
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Meeting
December 18, 2013, 6:00 p.m.:
A Public Meeting has been scheduled to discuss the goals and
objectives of the forthcoming update to the County's Beach
Preservation Plan
(memorandum dated November 27, 2013)
December 10, 2013 Page 4 of 7
11. COUNTY ADMINISTRATOR MATTERS PAGE
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B.
Emergency Services
None
C. General Services
D.
None
Human Resources
None
E. Human Services
F.
G.
H.
I.
J.
None
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
None
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
None
9't( 1 4 4 PG 672
December 10, 2013 Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
A. Commissioner Peter D. O'Bryan, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
1. Social Media and Public Records
(Deferred from Meeting of 12/3/13)
(memorandum dated November 22, 2013)
C.
184
Commissioner Joseph E Flescher
None
D. Commissioner Bob Solari
1. Mensing fax of 12-2-2013
(memorandum dated December 4, 2013) 185-189
E. Commissioner Tim Zorc
1.
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
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.
BK 144 PG 673
December 10, 2013 Page 6 of 7
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, 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.
BK 144 PG 674
December 10, 2013 Page 7 of 7
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
DECEMBER 10, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 1
5. PROCLAMATIONS AND PRESENTATIONS - NONE 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 2
7.A. RESIGNATION OF THE ATTORNEY REPRESENTATIVE TO THE ENVIRONMENTAL
CONTROL HEARING BOARD 2
7.B. RESIGNATION OF HUGH KING TO THE CONSTRUCTION BOARD OF ADJUSTMENT
& APPEALS 2
7.C. RESIGNATION OF BCC APPOINTEE TO THE BEACH & SHORE PRESERVATION
ADVISORY COMMITTEE 2
OK 144 PG 675
December 10, 2013 1
7.D. 2013-14 INDIAN RIVER COUNTY SCHOOL BOARD COMMITTEE APPOINTMENTS 3
7.E. PROCLAMATION DESIGNATING DECEMBER 12, 2013 AS POLL WORKER
APPRECIATION DAY 3
8. CONSENT AGENDA 3
8.A. AMENDMENT No. 2 TO INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL
PARK INTERGENERATIONAL RECREATION FACILITY PROFESSIONAL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT AGREEMENT RFQ
No. 2012024 - IRC PROJECT No. 1135 3
8.B. WORK ORDER No. 3 WITH BRIDGE DESIGN ASSOCIATES, INC., 13TH STREET
S.W. BRIDGE OVER THE INDIAN RIVER FARMS WATER CONTROL DISTRICT
(IRFWCD) SUB -LATERAL B-8 CANAL (58TH AVENUE) IRC PROJECT No. 0530 4
8.C. HISTORIC DODGERTOWN (FKA VERO BEACH SPORTS VILLAGE) ROOM
RENOVATIONS - CHANGE ORDER No. 2 IRC PROJECT NO. 1341 4
8.D. 26TH STREET RIGHT-OF-WAY PROPERTY, ADDRESS 5020 26TH STREET 5
8.E. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
P UBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
(SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (PUBLIC
TRANSPORTATION BLOCK GRANT) 6
8.F. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
P UBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
(SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(NONURBANIZED AREA FORMULA GRANT) 6
8.G. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2013/2014 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM 7
8.H. CONSULTANT SELECTION FOR RFQ No. 2013049 FOR PROFESSIONAL ROOF
D ESIGN AND EVALUATION CONSULTING SERVICES FOR CONTINUING SERVICES
AGREEMENT 7
8.1. VB THREE OAKS, LLLP'S REQUEST FOR FINAL PLAT APPROVAL FOR A PLAT -
O VER -SITE -PLAN MULTI -FAMILY DEVELOPMENT TO BE KNOWN AS THE
✓ ILLAS AT THREE OAKS 8
8.J. MISCELLANEOUS BUDGET AMENDMENT 002 8
8.K. MISCELLANEOUS BUDGET AMENDMENT 003 8
December 10, 2013 2
MC 144 PG 676
8.L. APPROVAL OF AMENDMENT No. 3 TO JMC SERVICES, INC. AGREEMENT FOR
CUSTODIAL SERVICES 8
8.M. RENEWAL OF FLORIDA POWER & LIGHT (FP&L) CARE TO SHARE AGREEMENT 9
8.N. APPROVAL OF BID AWARD FOR IRC BID NO. 2014015 AND REQUEST FOR
BUDGET AMENDMENT - GIFFORD PARK BALL FIELDS GRADING
IMPROVEMENTS 9
8.0. FIRST AMENDMENT AND MODIFICATION OF (LEASE) AGREEMENT FOR 16TH
STREET BALL FIELDS 10
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 11
9.A. DERYL LOAR - INDIAN RIVER COUNTY SHERIFF 1 1
FORFEITURE TRUST FUND 11
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARINGS 12
10.A.1. CONSIDERATION OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS
(LDRS) SECTION 915.20(8) TO ALLOW DRIVE-THROUGH AND DRIVE -UP
FACILITIES IN MIXED USE PDS (PLANNED DEVELOPMENTS) (LEGISLATIVE) 12
10.A.2. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS
(LDRS) CHAPTER 911, ZONING; CHAPTER 912, SINGLE-FAMILY
DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION CONTROL, TO
REGULATE THE LOCATION AND SOUND MITIGATION OF OUTDOOR
MECHANICAL EQUIPMENT IN PLANNED DEVELOPMENTS AND SMALL -LOT
SUBDIVISIONS WITH REDUCED YARD SETBACKS TO MINIMIZE POTENTIAL
NOISE DISTURBANCE TO ADJACENT PROPERTIES (LEGISLATIVE) 13
10.A.3. CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE CHAPTER 913
TO ALLOW ADDITIONAL TWO YEAR EXTENSION FOR SIDEWALK
CONSTRUCTION IN CERTAIN ACTIVE SUBDIVISIONS PLATTED PRIOR TO 2009
(LEGISLATIVE) 15
10.B. PUBLIC DISCUSSION ITEMS 16
10.B.1. REQUEST TO SPEAK FROM DR. GRANT GILMORE, PRESIDENT, ESTUARINE,
COASTAL, AND OCEAN SCIENCE, INC (ECOS) REGARDING THE OSLO BOAT
RAMP 16
10.C. PUBLIC NOTICE ITEMS 17
IK 144 P6 677
December 10, 2013 3
10.C.1. NOTICE OF SCHEDULED PUBLIC MEETING DECEMBER 18, 2013, 6:00 PM: A
PUBLIC MEETING HAS BEEN SCHEDULED TO DISCUSS THE GOALS AND
OBJECTIVES OF THE FORTHCOMING UPDATE TO THE COUNTY'S BEACH
PRESERVATION PLAN 17
11. COUNTY ADMINISTRATOR MATTERS - NONE
17
12 DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT - NONE 17
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
12.11. RECREATION - NONE 18
12.I. PUBLIC WORKS - NONE 18
12.J. UTILITIES SERVICES - NONE 18
13. COUNTY ATTORNEY MATTERS - NONE
18
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 18
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 18
14.B.1. SOCIAL MEDIA AND PUBLIC RECORDS (DEFERRED FROM MEETING OF
DECEMBER 3, 2013) 18
14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 19
14.D. COMMISSIONER BOB SOLARI 20
14.D.1. MENSING FAX OF DECEMBER 2, 2013 20
14.E. COMMISSIONER TIM ZORC - NONE 20
15. SPECIAL DISTRICTS AND BOARDS 20
15.A. EMERGENCY SERVICES DISTRICT - NONE 20
December 10, 2013 4
111 144 PG 678
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 20
15.C. ENVIRONMENTAL CONTROL BOARD- NONE 20
16. ADJOURNMENT
December 10, 2013 5
21
MC 144PG679
JEFFREY R. SMITH
Clerk to the Board
December 10, 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, December 10, 2013. Present were Chairman Peter D. O'Bryan, Vice Chairman Wesley
S. Davis, and Commissioners Joseph E Flescher, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, Deputy County Attorney William DeBraal, and Deputy
Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
- NONE
December 10, 2013 1
DK144PG680
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS - NONE
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7. A. RESIGNATION OF THE ATTORNEY REPRESENTATIVE TO THE
ENVIRONMENTAL CONTROL HEARING BOARD
Noted for the record was the resignation of Cynthia VanDeVoorde Hall as the Attorney
Representative to the Environmental Control Hearing Board, effective December 3, 2013.
7. B. RESIGNATION OF HUGH KING TO THE CONSTRUCTION BOARD OF
ADJUSTMENT & APPEALS
Noted for the record was the resignation of Hugh King as a member of the General Public
to the Construction Board of Adjustment and Appeals, effective October 24, 2013.
7. C. RESIGNATION OF BCC APPOINTEE TO THE BEACH & SHORE
PRESERVATION ADVISORY COMMITTEE
Noted for the record was the resignation of Cheryl Gerstner, BCC Appointee to the
Beach and Shore Preservation Advisory Committee, effective November 26, 2013.
IX 144PG681
December 10, 2013 2
711 2013-14 INDIAN RIVER COUNTY SCHOOL BOARD COMMITTEE
APPOINTMENTS
The Indian River County School Board Committee Appointments for 2013-2014 have
been received, as outlined on pages 8 through 10 of the agenda package.
7.E. PROCLAMATION DESIGNATING DECEMBER 12, 2013 AS POLL WORKER
APPRECIATION DAY
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8.C. from the Consent Agenda for
discussion.
Althea McKenzie requested to pull Item 8.N. from the Consent Agenda for discussion.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. AMENDMENT NO. 2 TO INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL
PARK INTERGENERATIONAL RECREATION FACILITY PROFESSIONAL CIVIL
ENGINEERING AND ARCHITECTURAL SERVICES CONSULTANT
AGREEMENT RFQ No. 2012024 - IRC PROJECT No. 1135
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
December 10, 2013 3
MI44PG682
and authorized the Chairman to execute Amendment No. 2
in the amount of $2,000.00 with Borrelli & Partners, Inc.,
as requested in the memorandum of November 20, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.B. WORK ORDER No. 3 WITH BRIDGE DESIGN ASSOCIATES, INC., 13TH
STREET S.W. BRIDGE OVER THE INDIAN RIVER FARMS WATER CONTROL
DISTRICT (IRFWCD) SUB -LATERAL B-8 CANAL (58TH AVENUE) IRC
PROJECT Na 0530
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to approve Work Order No.
3 to Bridge Design Associates, Inc. for a lump sum of
$53,665.00 for design of a three -lane bridge on 13th Street
S.W. over the Indian River Farms Water Control District
(IRFWCD) Sub -lateral B-8 Canal and construction related
services, as requested in the memorandum of November
19, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. HISTORIC DODGERTOWN (FKA VERO BEACH SPORTS VILLAGE) ROOM
RENOVATIONS - CHANGE ORDER No. 2 IRCPROJECT N0. 1341
Commissioner Solari declared his opposition to this item.
December 10, 2013 4
IX 144PG683
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher for discussion, to
approve staff s recommendation.
Vice Chairman Davis asked Commissioner Solari to clarify his stance.
Commissioner Solari stated that he disagreed with amending the original Facility Lease
Agreement for the operation of Historic Dodgertown (fka Vero Beach Sports Village) to expend
an additional $600,000 taxpayer dollars to fix up hotel rooms for the private sector. He deemed
that this element of the contract is inconsistent with his long -held behef of limited government in
Indian River County.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Solari opposed), the Motion carried.
The Board approved Change Order No. 2 to the contract
with OAC Action Construction, Corporation in the
amount of $31,979.29, as requested in the memorandum
of November 22, 2013.
8.D. 26' STREET RIGHT-OF-WAY PROPERTY, ADDRESS: 502026TH STREET
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized staff to demolish the structure at 5020 26th
Street and retain the 0.7 acres of remaining property for
future 26th Street stormwater treatment, as requested in the
memorandum of November 26, 2013.
December 10, 2013 5
144PG684
8.E. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (PUBLIC TRANSPORTATION BLOCK GRANT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2013-030, authorizing the execution of a
Public Transportation Supplemental Joint Participation
Agreement with the Florida Department of Transportation.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (NONURBANIZED AREA FORMULA GRANT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2013-031, authorizing the execution of a
Public Transportation Supplemental Joint Participation
Agreement with the Florida Department of Transportation.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 10, 2013 6
144 PG 685
8.G. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2013/2014 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the Certificate of Acceptance of Subgrant Award for
the Indian River County Substance Awareness Drug
Testing Program Grant in the amount of $10,575; and (2)
the agreement between the Board of County
Commissioners and the Substance Awareness Council of
Indian River County, recommended in the memorandum
of December 2, 2013.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. CONSULTANT SELECTION FOR RFO No. 2013049 FOR PROFESSIONAL
ROOF DESIGN AND EVALUATION CONSULTING SERVICES FOR
CONTINUING SERVICES AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the selection of REI Engineers, Inc. of Bonita
Springs and Jay Ammon Architect, Inc. of Longwood; and
(2) authorized the Public Works Department to enter into
continuing contract negotiations with both firms, as
recommended in the memorandum of November 26, 2013.
December 10, 2013 7
1144 PG 686
8.L VB THREE OAKS, LLLP'S REQUEST FOR FINAL PLAT APPROVAL FOR A
PLAT -OVER -SITE -PLAN MULTI -FAMILY DEVELOPMENT TO BE KNOWN AS
THE VILLAS AT THREE OAKS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously granted
final plat approval for The Villas at Three Oaks, as
recommended in the memorandum of December 2, 2013.
8.J. MISCELLANEOUS BUDGET AMENDMENT 002
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2013-032, amending the Fiscal Year 2013-
2014 Budget.
8.K. MISCELLANEOUS BUDGET AMENDMENT 003
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2013-033, amending the Fiscal Year 2013-
2014 Budget.
B.L. APPROVAL OF AMENDMENT No. 3 TO JMC SERVICES, INC. AGREEMENT
FOR CUSTODIAL SERVICES
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously accepted
and authorized the Chairman to execute Amendment No. 3
December 10, 2013 8
1( 1414 PG 687
to the agreement (Third Amendment to Custodial Services
Agreement), with JMC Services Inc., for custodial services
adding the new Crime Scene Building located at 3885 41St
Street, as recommended in the memorandum of November
15, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.M. RENEWAL OF FLORIDA POWER & LIGHT (FP&L) CARE To SHARE
AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the renewal of the Care to Share Agreement with Florida
Power and Light (FPL) Company, FPL East Service Area,
and authorized the Chairman to execute said Agreement,
as recommended in the memorandum of December 3,
2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.N. APPROVAL OF BID AWARD FOR IRC BID No. 2O14O1 S AND REQUEST FOR
BUDGET AMENDMENT - GIFFORD PARK BALL FIELDS GRADING
IMPROVEMENTS
Althea McKenzie voiced concerns about the football program being unaffordable for
many residents, and commented on the need for: (1) improved ingress and egress to the park; (2)
adequate parking and lighting (that does not impact neighboring residents); (3) bathroom
facilities; and (4) concessions.
December 10, 2013 9
BK 144 PG 688
County Administrator Baird provided further information on the ball field improvements,
in response to Ms. McKenzie's concerns.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously: (1)
awarded the total bid with both alternates, adding off field
safety lighting and installing two storage sheds (totaling
$386,512.36), to Summit Construction of Vero Beach,
LLC, as the lowest responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; (2) approved the sample agreement and Change
Order No. 1, deducting line items 3 and 17 from Summit's
bid (reducing the total project price to $378,742.36), and
authorized the Chairman to execute both after they have
been approved by the County Attorney as to form and
legal sufficiency, and after receipt and approval of the
required Public Construction Bond; and (3) authorized the
necessary budget amendment to provide additional
funding in the amount of $220,000 from Optional Sales
Tax Cash Forward as recommended in the memorandum
of December 2, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.O. FIRST AMENDMENT AND MODIFICATION OF (LEASE) AGREEMENT FOR
16TH STREET BALL FIELDS
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved and authorized the Chairman to execute the First
OK !44 PG 689
December 10, 2013 10
Amendment and Modification of Agreement with Indian
River Sports Complex, Inc., for 16th Street Ball Fields to
include the 0.52 acre Additional Parcel (of County -owned
vacant land abutting the property to the north along its
border with St. Francis Manor) in the leased premises, as
recommended in the memorandum of December 2, 2013.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR - INDIAN RIVER COUNTY SHERIFF
FORFEITURE TRUST FUND
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Flescher, to authorize the
use of $47,287.00 from the Sheriff's Law Enforcement
Trust Fund for the purchase of one hundred thirty-two
(132) external vest carriers.
Sheriff Deryl Loar explained that the protective garment would help reduce the number
of law enforcement officers who are killed each year in the line of duty.
Sheriffs Deputy Miguel Cruz displayed the vest carrier system which serves as external
body armor.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
December 10, 2013 11
144 PG 690
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.24.1. CONSIDERATION OF AMENDMENT TO LAND DEVELOPMENT
REGULATIONS (LDRs) SECTION 915.20(8) TO ALLOW DRIVE-THROUGH
AND DRIVE -UP FACILITIES IN MIXED USE PDS (PLANNED
DEVELOPMENTS) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Stan Boling presented background and analysis on the
request initiated by SR 60 Vero LLC (and one other unnamed developer) to allow drive-through
and drive -up facilities for neighborhood restaurants in mixed use Planned Developments (PD's).
He reviewed the proposed criteria in the proposed Land Development Regulation (LDR)
amendment, and presented the recommendations of the Planning and Zoning Commission (PZC)
and staff for the Board to approve the LDR amendment by adopting the proposed Ordinance.
Discussion ensued as Director Boling responded to the Board's questions and comments
about types of restaurants, impact fees, and proposed operating hours.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, encouraged the Board to approve the
applications for the drive-through facilities on a case-by-case basis.
Director Boling explained that if the LDR amendment is adopted today, each specific
application will be undergoing a public hearing and final approval by the Board.
There being no additional speakers, the Chairman closed the Public Hearing.
OK 144PG691
December 10, 2013 12
Director Boling provided further information on the zoning designations under which the
drive-through facilities would be permitted.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Vice Chairman Davis, to approve staffs
recommendation.
Chairman O'Bryan was opposed to the LDR amendment, voicing concerns about
"commercial creep," and operating hours that might be disruptive to the residents of the
developments.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Chairman O'Bryan opposed), the Motion carried.
The Board adopted Ordinance 2013-021, concerning
amendments to its Land Development Regulations
(LDRs); providing for amendments to Chapter 915,
Planned Development (P.D.) Process and Standards for
Development, by amending Mixed Use Standards Section
915.20; and by providing for repeal of conflicting
provisions, codification, severability, and effective date.
10.24.2. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTER 911, ZONING; CHAPTER 912, SINGLE-
FAMILY DEVELOPMENT; AND CHAPTER 974, NOISE AND VIBRATION
CONTROL, TO REGULATE THE LOCATION AND SOUND MITIGATION OF
OUTDOOR MECHANICAL EQUIPMENT IN PLANNED DEVELOPMENTS AND
SMALL -LOT SUBDIVISIONS WITH REDUCED YARD SETBACKS TO MINIMIZE
POTENTIAL NOISE DISTURBANCE TO ADJACENT PROPERTIES
(LEGISLATIVE)
December 10, 2013 13
OK 144 PG 692
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
Chief of Environmental Planning and Code Enforcement Roland DeBlois provided
background and analysis on a Code Enforcement Board noise violation case involving a
complaint by Denise Kelly about the sound level of her neighbors' (Charles and Lisa Fannin)
pool heater. The case was discussed by the Board on July 2, 2013 and again on September 10,
2013, at which time staff was directed to develop procedures to minimize potential noise
disturbance from outdoor mechanical equipment in certain developments. Director DeBlois
summarized the proposed amendments to the Land Development Regulations (LDR's) - Chapter
911 Zoning, Section 911.15(2) Yard encroachments; Chapter 912, Single -Family Development,
Section 912.07(1) (b) 6; and Chapter 974, Noise and Vibration Control, Section 974.06,
Exemptions; and relayed the recommendations of the Planning and Zoning Commission and staff
for Board approval of the proposed Ordinance.
A brief discussion ensued about whether the Homeowners Associations in the affected
developments would be willing to accommodate the residents who need to make the noise -
reduction modifications required in the proposed Ordinance.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision asked whether the pump at the Osprey Marsh
Project, which is adjacent to a residence, would be subject to the new noise regulations.
Chief DeBlois, with input from Public Works Director Chris Mora, advised that the pump
will be insulated enough to meet the County's decibel requirements.
Leonard Kaczynski, Lakes of Sandridge, commended the Board on maintaining noise
levels that are above Occupational Safety and Health Administration's (OSHA) standards, and
�!(144PG693
December 10, 2013 14
opined that the Architectural Review Committees of the Homeowners Associations might benefit
from help in making decisions about outdoor electrical equipment.
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Zorc, the Board unanimously adopted
Ordinance 2013-022 concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 911, Zoning, and Chapter 912,
Single -Family Development, by amending Sections
911.15(2) and 912.07(1)(B)6. To regulate the siting of
outdoor mechanical equipment in developments with
reduced yard setbacks; amending Section 974.06 of
Chapter 974, Noise and Vibration Control to exempt
properly sited and properly sound -mitigated outdoor
mechanical equipment in developments with reduced yard
setbacks; and by providing for repeal of conflicting
provisions, codification, severability, and effective date.
10.A.3. CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE
CHAPTER 913 TO ALLOW ADDITIONAL Two YEAR EXTENSION FOR
SIDEWALK CONSTRUCTION IN CERTAIN ACTIVE SUBDIVISIONS PLATTED
PRIOR TO 2009 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
December 10, 2013 15
VK 144 PG 694
Planning Director Stan Boling reviewed his PowerPoint presentation (copy on file), to
present background and analysis on this proposed Land Development Regulation (LDR)
amendment, which will allow an additional two-year extension for sidewalk construction. He
noted that the amendment would apply to four active subdivisions: Millstone Landing Phase 3;
Provence Bay Vero Lago, Phases 1, 2, 3, and 5; and Isles at Waterway Village Planned
Development Plat 1 C. He announced that the Planning and Zoning Commission and staff
recommend that the Board approve the proposed amendment through adoption of the
corresponding Ordinance.
The Chairman opened the Public Hearing.
There were no speakers, and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously adopted
Ordinance 2013-023, concerning amendments to its Land
Development Regulations (LDRs) with regard to the
delay in the construction of the sidewalks, amending
Section 913.09 "Design Standards and Requirements" of
Chapter 913 "Subdivision and Plats" of the Indian River
County Code in order to allow an additional extension for
sidewalk construction; and providing for codification,
severability, and an effective date.
•
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM DR. GRANT GILMORE, PRESIDENT,
ESTUARINE, COASTAL, AND OCEAN SCIENCE, INC. (ECOS) REGARDING
THE OSLO BOAT RAMP
MI 1 44 PG 695
December 10, 2013 16
Deputy County Attorney William DeBraal reported that Dr. Richard Baker, Pelican
Audubon Society, and Vero Beach Ecologist Dr. David Cox, have filed a petition opposing the
County's permit application (approved by the St. John's Water Management District) for various
improvements to the Oslo Road Boat Ramp. He noted that Dr. Gilmore is listed as an expert
witness for the pending hearing.
Dr. R. Grant Gilmore, 5920 1st Street SW, President, Estuarine, Coastal, and Ocean
Science, Inc., spoke in opposition to the development of the Oslo Boat Ramp area. He read a
statement regarding the critical importance of the fish habitat at this portion of the Indian River
Lagoon, and encouraged the Board to dedicate the area to conservation, not development.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC MEETING DECEMBER 18, 2013, 6:00
PM: A PUBLIC MEETING HAS BEEN SCHEDULED TO DISCUSS THE GOALS
AND OBJECTIVES OF THE FORTHCOMING UPDATE TO THE COUNTY'S
BEACH PRESER VA TION PLAN
Deputy County Attorney William DeBraal read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
BX 144 P6 696
December 10, 2013 17
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 - NONE
12.,1 UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. SOCIAL MEDL4 AND PUBLIC RECORDS (DEFERRED FROM MEETING OF
DECEMBER 3, 2013)
Vice Chairman Davis conveyed that he had received from a constituent, via Facebook, a
list of areas in the County that need safety improvements, and that there is currently no avenue
for the Board Members to make such communications open and transparent, and available for
the public record.
December 10, 2013 18
E 144 PG 697
(Clerk's Note: Facebook is an online social networking website).
Management and Budget Director Jason Brown explained that Facebook is available at
one computer in Building B; however, current administrative policy limits access to said
program.
Commissioner Solari advised that staff be directed to investigate what solutions other
jurisdictions have reached with regards to the Florida Sunshine Law and the use of social media
for official business.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Solari, to direct staff to
research other jurisdictions and come back with a
proposed policy on how to handle social media and ensure
that it is retained as a public record.
A brief discussion ensued about the possibility of saving voice mails.
Vice Chairman Davis emphasized that his primary concern is how to save, copy, and
print communications received via online social media.
Director Brown acknowledged that staff would pursue some solutions and set individual
persons up for Facebook, while maintaining limited access to most employees.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
14. C. COMMISSIONER JOSEPHE. FLESCHER - NONE
OK 144 P6 698
December 10, 2013 19
14.D. COMMISSIONER BOB SOLARI
14.D.1. MENSING FAX OF DECEMBER 2, 2013
Commissioner Solari wanted to know whether a fax he had received from Frederick D.
Mensing was subject to the public records law despite Mr. Mensing's written directive to
distribute the letter as a private communication.
Deputy County Attorney William DeBraal corroborated that the fax from Mr. Mensing
would be subject to the public records law.
Commissioner Solari then requested that the County Attorney's office write a one-page
explanation of why Mr. Mensing is suing the County.
•
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman O'Bryan, the Board unanimously directed the
County Attorney to provide a one-page explanation of
Frederick D. Mensing's lawsuit against the County, as
requested in the memorandum of December 4, 2013.
14.E. COMMISSIONER TIMZORC - 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
December 10, 2013 20
OK 144PG700
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 10:21 a.m.
ATTEST:
Ilk ea 'yaws
R. m
rk of Circuit Court and Comptroller
Minutes Approved: JAN 2 1 2014
BCC/MG/201 3Minutes
r I et di 0 6 A re
Peter D. O'Bryan, Chairman
OK 144 PG 699
December 10, 2013 21