HomeMy WebLinkAbout12/11/2012 MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
V � � C'� INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 11 , 2012 - 9 : 00 A.M.
County Commission Chamber
ORS' Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Joseph E . Flescher, Chairman District 2 Joseph A. Baird, County Administrator
Wesley S . Davis, Vice Chairman District 1 Alan S . Polackwich, Sr., County Attorney
Peter D. O 'Bryan District 4 Jeffrey R. Smith, Clerk to the Board
Bob Solari District 5
Tim Zorc District 3
1 . CALL TO ORDER 9 : 00 A.M. PAGE
2. INVOCATION Stan Boling, Planning Director
3. PLEDGE OF ALLEGIANCE Joseph A. Baird, County Administrator
4 . ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation by Steven Stein, Program Manager, Florida PACE Funding
Agency
69 APPROVAL OF MINUTES
A. Regular Meeting of November 6, 2012
143 PG 242
December 11 , 2012 Page 1 of 6
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
A. Town of Orchid Committee Appointments for 2013
(memorandum dated November 29 , 201 ?) _ _ _ _ _ _ _ _ _ _ _ 1.2
Be TCRPC and TCRPC Comprehensive Economic Development Strategy
Appointments
(memorandum dated December 6, 2012) 3 -7
8. CONSENT AGENDA
A. Approval of Warrants — November 16 , 2012 to November 29, 2012
(memorandum dated November 29 2012) 8 = 19
Be 2013 Blanket Authorization for Commissioners to Travel Out of County
(memorandum dated November 29, 2012) - - - - - - - - - - - - - - - - - - - - - - - 20-
C . Retirement Award and Proclamation Honoring Anne Moutenot on Her
Retirement from Indian River County Board of County Commissioners,
Department of General Services, North County Library, with Twenty-one
Years of Service 21 -22
D. Retirement Award and Proclamation Honoring Walter (Wally) D. Merrifield
on His retirement from Indian River County Board of County
Commissioners, Department of General Services, Sandridge Golf Club, with
Eleven Years of Service 23 -24
E. Work Order No . 1 — Final Pay Moia, Bowles, Villmizar & Associates
(MBV) — South County Wastewater Treatment Facility Headworks
Rehabilitation Project
(memorandum dated November 28 2012) 25 =27
F. Approval for Final Payment to A.M. Construction Group Inc . for Bid No .
2012042 South Regional Wastewater Treatment Headworks Rehabilitation
(memorandum dated December 5 , 2012) - - - - 28=31
G. Miscellaneous Budget Amendment 018 — Additional Documentation for
Supervisor of Elections Budget
(memorandum dated December 4, 201 ?) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 32.33 -
H. Stipulated Final Judgment for Mary Charlene Brown Parcels 107A, 107B ,
107C and 404
(memorandum dated December 5 , 2012) 3443
I. Replacement Communications Microwave
(memorandum dated December 5 , 2012) 44=45
143 K 243
December 11 , 2012 Page 2 of 6
8. CONSENT AGENDA PAGE
J. 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 T ansportation Block Grant)
(memorandum dated November 28 2012) 46- 57
K. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Department of Transportation (Non-urbanized Area Formula Grant)
(memorandum dated November 30, 2012) 58 - 67
L . Windsor Properties Request for Final Plat Approval for a Subdivision to be
Known as Windsor Block 46
(memorandum dated December 3 , 201 ?) - - - - - - - - - 68 -73
M. Cafeteria Facility — Building A / Daily Dose Cafe — Lease Renewal
(memorandum dated November 15 2012) 7446
N. 2013 Commissioner Committee Assignments
(memorandum dated December 6 2012) - - - - - - - - - - - - - 77-79
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
L McDonalds Corp . ' s Request to Amend Land Development
Regulations (LDRs) Chapters 911 and 956 to Modify the
Non-conforming Free-Standing Sign Regulations in the Roseland
and Other Corridors
_ _(memorandum dated December 3 201 2) 80.95
Legislative
Be PUBLIC DISCUSSION ITEMS
None
143 P6 244
December 11 , 2012 Page 3 of 6
14. COMMISSIONERS ITEMS
A, Commissioner Joseph E . Flescher, Chairman
None
Be Commissioner Wesley S . Davis. Vice Chairman
EMENEW
None
Co Commissioner Peter D. O 'Bryan
1 . Update on the Florida Association of Counties Legislative
Conference
(memorandum dated December 4 2012) 117
10 . PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1 . Notice of Scheduled Public Hearing December 18. 2012 :
An Ordinance of the Board of County Commissioners of Indian
River County Florida, Amending Sections 201 . 08(H)( 1 ) and (2) of
the Code of Indian River County to Allow for Refunds of Utility
Deposits to Tenants Under Certain Conditions ; and Providing for
Severability, Codification, and an Effective Date
_ (memorandum dated December 5 , 201 ?) _ _ _ _ _ _ _ _ _ _ 96_
Legislative
11 . COUNTY ADMINISTRATOR MATTERS
None
12 . DEPARTMENTAL MATTERS
A• Community Development
None
Be Emergency Services
None
15 . SPECIAL DISTRICTS AND BOARDS PAGE
A, Emergency Services District
None
Be Solid Waste Disposal District
None
Co 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) 2264223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www. ircizov. 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.
8. CONSENT AGENDA PAGE
I 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)
(memorandum dated November 28 2012) 46-57
K. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Department of Transportation (Non-urbanized Area Formula Grant)
(memorandum dated November 30 2012) - - - - - 58 =67
L. Windsor Properties Request for Final Plat Approval for a Subdivision to be
Known as Windsor Block 46
(memorandum dated December 3 , 2012) 68 -73
M. Cafeteria Facility — Building A / Daily Dose Cafe — Lease Renewal
(memorandum dated November 15 2012) - 74-76
N. 2013 Commissioner Committee Assignments
(memorandum dated December 6 2012) - 77.79
9 . CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1 . McDonalds Corp . ' s Request to Amend Land Development
Regulations (LDRs) Chapters 911 and 956 to Modify the
Non-conforming Free-Standing Sign Regulations in the Roseland
and Other Corridors
(memorandum dated December 3 , 2014 80-95
Legislative
Be PUBLIC DISCUSSION ITEMS
None
143 PG 244
December 11 , 2012 Page 3 of 6
10 . PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1 . Notice of Scheduled Public Hearing December 18. 2012 :
An Ordinance of the Board of County Commissioners of Indian
River County Florida, Amending Sections 201 . 08(H)( 1 ) and (2) of
the Code of Indian River County to Allow for Refunds of Utility
Deposits to Tenants Under Certain Conditions , and Providing for
Severability, Codification, and an Effective Date
_ (memorandum dated December 5 , 2012 96
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Legislative
11 . COUNTY ADMINISTRATOR MATTERS
None
12 . DEPARTMENTAL MATTERS
A• Community Development
None
Be Emergency Services
None
C, General Services
None
D, Human Resources
None
E, Human Services
None
F, Leisure Services
None
G, Office of Management and Budget
1 . Franchise Fee for Natural Gas Utilities
(memorandum dated December 5 2012) 97-98
14 3 P6 245
December 11 , 2012 Page 4 of 6
12 . DEPARTMENTAL MATTERS PAGE
He Recreation
None
I, Public Works
1 . Professional Coastal Engineering and Environmental Services, RFQ
No . 2012050
(memorandum dated December 4, 201 ?) _ - 99.107
J, Utilities Services
None
13 . COUNTY ATTORNEY MATTERS
A. Indian River County Committees — Member Reappointments
(memorandum dated December 5 2012) - 108416
14. COMMISSIONERS ITEMS
WWWWWREE
A, Commissioner Joseph E. Flescher. Chairman
None
Be Commissioner Wesley S . Davis, Vice Chairman
NOWNEW
None
C , Commissioner Peter D. O 'Bryan
1 . Update on the Florida Association of Counties Legislative
Conference
(memorandum dated December 4, 2012) - - - 117
2 . Department of Juvenile Justice Program
(memorandum dated December 4, 201 2) 118
- - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
D. Commissioner Bob Solari
None
E , Commissioner Tim Zorc
None
143 PC 246
December 11 , 2012 Page 5 of 6
- 1
IF
15. SPECIAL DISTRICTS AND BOARDS PAGE
A, Emereencv Services District
None
Be Solid Waste Disposal District
None
co Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County' s Americans with
Disabilities Act (ADA) Coordinator at (772) 226- 1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www. ircgov. com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p. m. until Wednesday at 6: 00 a. m.,
Wednesday at 9: 00 a. m. until 5: 00 p. m.,
Thursday at 1: 00 p. m. through Friday Morning,
and Saturday at 12: 00 Noon to 5: 00 . m.
IF
F ,FI1 8K 143 PG 247
December 11 , 2012 Page 6 of 6
JEFFREY R. SMITH
s � s
Clerk to the Board �CpgipA
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
DECEMBER 11 , 2012
1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . INVOCATION . * a a too 9 0 0 a a 0 0 0 9 9 0 * a & & a@ * as 0 6 6 a at * * * 9 0 0 0 a a 0 a a too@ 9 9 0 0 a 0 a a 0 0 0 9 0 0 0 0 off * * & 0 0 0 a 6 as a a as
* 0 0 0 4 $ a a 4 0 0 0 0 0 0 a 0 0 8 a a a a as * 0 0 0 0 0 a a a 0 0 0 0 6 0 of 0 0 * a &
3 . PLEDGE OF ALLEGIANCE. . & & & 9 0 9 0 0 0 a 4 a 4 0 a 0 0 0 9 f 0 0 a a 4 a a 9 0 a 0 9 0 0 0 a 0 a a 0 0 0 0 9 0 0 a a 0 & & 0 0 0 0 0 a 0 a 6 a 0 a a a a a 0
a a 0 0 0 a & a 0 0 0 0 0 0 0 0 a 0 0 0 a a 8 a 4 0 0 0 0 0 a 0 0 4 a a l
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS —NONE . . . . . . . . . . . . . . . . . . . . . . 2
5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 2
5 . A . PRESENTATION BY STEVEN STEIN , PROGRAM MANAGER, FLORIDA PROPERTY
ASSESSED CLEAN ENERGY (PACE) FUNDING AGENCY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 2
6 . APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6 . A . REGULAR MEETING OF NOVEMBER 6 , 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 4
7 . A . TOWN OF ORCHID COMMITTEE APPOINTMENTS FOR 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 4
7 .B . TREASURE COAST REGIONAL PLANNING COUNCIL (TCRPC ) AND TCRPC
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY APPOINTMENTS . . . . . . . . . . . . . . . . . . . 4
1 4 3 PG 2 4 8
December 11 , 2012 ' 1 ►
8 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8 . A . APPROVAL OF WARRANTS — NOVEMBER 16 , 2012 TO NOVEMBER 29 , 2012 . . . . . . . . . . . . . . . . $
8 . B . 2013 BLANKET AUTHORIZATION FOR COMMISSIONERS TO TRAVEL OUT OF
COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 5
8 . C . RETIREMENT AWARD AND PROCLAMATION HONORING ANNE MOUTENOT ON
HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS , DEPARTMENT OF GENERAL SERVICES , NORTH COUNTY
LIBRARY , WITH TWENTY — ONE YEARS OF SERVICE . . . 04 0 * 0 Von noun eta 0 00 & eta as * 0 * 908 * 6
8 . D . RETIREMENT AWARD AND PROCLAMATION HONORING WALTER (WALLY) D .
MERRIFIELD ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS , DEPARTMENT OF GENERAL SERVICES , SANDRIDGE
GOLF CLUB , WITH ELEVEN YEARS OF SERVICE . . . , * auto of a pop & # go * so 7
8 . E . WORK ORDER NO . 1 — FINAL PAY MOIA , BOWLES , VILLMIZAR & ASSOCIATES
(MBV) — SOUTH COUNTY WASTEWATER TREATMENT FACILITY HEADWORKS
REHABILITATION PROJECT . Goa we am of goo 000 * * of * of Goo 00090 * 8 * 8 00 * Owego 9 * 0 * 0 as 0 * 0 * 0 * 40690 7
8 . F . APPROVAL FOR FINAL PAYMENT TO A . M . CONSTRUCTION GROUP INC . FOR BID
NO . 2012042 SOUTH REGIONAL WASTEWATER TREATMENT HEADWORKS
REHABILITATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 . G . MISCELLANEOUS BUDGET AMENDMENT 018 — ADDITIONAL DOCUMENTATION
FOR SUPERVISOR OF ELECTIONS BUDGET . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 .H . STIPULATED FINAL JUDGMENT FOR MARY CHARLENE BROWN PARCELS 107A,
10713 , 107C , AND 404 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 . I . REPLACEMENT COMMUNICATIONS MICROWAVE . . * 0 0 0 0 0 0 4 a 9 a # 0 0 0 0 9 9 0 0 4 0 0 0 0 & 0 0 0 a a 0
t 0 a a 6 9 a 0 0 * 0 * 6 0 a a 0 0 0 0 0 9
8 . J . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 . K . REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
( SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (NON —
URBANIZED AREA FORMULA GRANT) . . . Olson 0 # 0 * 0 09 00 0 * 900 * 0 an 0 * 898 one 10
8 . L . WINDSOR PROPERTIES REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS WINDSOR BLOCK 46 . . . . . . . . . . . . : . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 10
8 . M . CAFETERIA FACILITY — BUILDING A / DAILY DOSE CAFE — LEASE RENEWAL . . . . . . . . . . 10
December 11 , 2012 2 143 PG 249
8 . N . 2013 COMMISSIONER COMMITTEE ASSIGNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . 11
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES—NONE . . . . . . . . . . . . . . . . . . 11
10. PUBLIC ITEMS . . . . . . . . . * * * a@ * gasses * * * @ a 000 * eve ago @of * on 0000004000 * 4 as Goa asset a a e4 * 096906 11
10 . A . PUBLIC HEARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 . A . 1 . MCDONALDS CORPORATION ' S REQUEST TO AMEND LAND DEVELOPMENT
REGULATIONS (LDRS) CHAPTERS 911 AND 956 TO MODIFY THE
NON — CONFORMING FREE — STANDING SIGN REGULATIONS IN THE ROSELAND
AND OTHER CORRIDORS (LEGISLATIVE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 . B . PUBLIC DISCUSSION ITEMS — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 . C . PUBLIC NOTICE ITEMS . . . 98 * 00 go@ * @ * 909990906 * 9 * 06 & 0 * 0000 * 08 * 4 Dome so goo a ago to
Soso so 00 # 00 00 a 15
lO . C . l . NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 18 , 20129 15
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY FLORIDA, AMENDING SECTIONS 201 . 08 (H) ( 1 ) AND (2) OF THE CODE
OF INDIAN RIVER COUNTY TO ALLOW FOR REFUNDS OF UTILITY DEPOSITS TO
TENANTS UNDER CERTAIN CONDITIONS ; AND PROVIDING FOR SEVERABILITY ,
CODIFICATION , AND AN EFFECTIVE DATE (LEGISLATIVE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 15
11 . COUNTY ADMINISTRATOR MATTERS an . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 15
12 . DEPARTMENTAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12 . A . COMMUNITY DEVELOPMENT — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . goes . . 16
12 . B . EMERGENCY SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 . C . GENERAL SERVICES of NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 . D . HUMAN RESOURCES on NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 . E . HUMAN SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 . F . LEISURE SERVICES an NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 . G . OFFICE OF MANAGEMENT AND BUDGET . . . . . . . . . . . . . . . . . . . . . . . . goo . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . o 16
12 . G . 1 . FRANCHISE FEE FOR NATURAL GAS UTILITIES . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 16
12 . H . RECREATION — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . I . PUBLIC WORKS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
December 11 , 2012 3 4 3 PG 2 5 0
12 . I . 1 PROFESSIONAL COASTAL ENGINEERING AND ENVIRONMENTAL SERVICES ,
REQUEST FOR QUALIFICATIONS (RFQ ) NO . 2012050 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 18
12 . J . UTILITIES SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 . COUNTY ATTORNEY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 0 21
13 . A . INDIAN RIVER COUNTY COMMITTEES — MEMBER REAPPOINTMENTS . . . . . . . . . . . . . . . . . . . . . . . 21
14. COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
14 . A . COMMISSIONER JOSEPH E . FLESCHER, CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 23
14 . B . COMMISSIONER WESLEY S . DAVIS , VICE CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 23
14 . C . COMMISSIONER PETER D . WBRYAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 . 0 . 1 . UPDATE ON THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE
CONFERENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 . C . 2 . DEPARTMENT OF JUVENILE JUSTICE PROGRAM . . 0 * 9 * 0 0900 * * * 04 00004 04 o * * * 6 * 406 we 908 * 60406
25
14 . D . COMMISSIONER BOB SOLARI — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14 . E . COMMISSIONER TIM ZORC — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15 . SPECIAL DISTRICTS AND BOARDS . . . . as as@@ * 000 04 0000004 gas * * * so ago a * * @ 60660 26
15 . A . EMERGENCY SERVICES DISTRICT — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15 . B . SOLID WASTE DISPOSAL DISTRICT — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . o 26
15 . C . ENVIRONMENTAL CONTROL BOARD — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 26
z
16. ADJOURNMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
December 11 , 2012 4
0*1
DA
143 f% 251
JEFFREY R. SMITH
Clerk to the Board #
A
December 11 , 2012
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27`h Street, Vero Beach, Florida, on
Tuesday, December 11 , 2012 . Present were Chairman Joseph E. Flescher, Vice Chairman
Wesley S . Davis, and Commissioners Peter D . O ' Bryan, Bob Solari, and Tim Zorc. Also present
were County Administrator Joseph A. Baird, County Attorney Alan S . Polackwich, Sr. , and
Deputy Clerk Maureen Gelfo .
1 . CALL TO ORDER
Chairman Flescher called the meeting to order at 9 : 00 a.m .
2 . INVOCATION
Planning Director Stan Boling delivered the Invocation.
3 . PLEDGE OF ALLEGIANCE
County Attorney Alan S . Polackwich, Sr. , led the Pledge of Allegiance to the Flag.
( Clerk 's Note: County Administrator Joseph A . Baird was originally scheduled to lead
the oath).
December 1.11 , 2012 1 143 K 2 5 2
_ - l
4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS-NONE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari , the Board unanimously approved
the Agenda as presented.
5 . PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATIONBYSTEVENSTEIN• PROGRAMMANAGER• FLORIDA
PROPERTYASSESSED CLEANENERGY (PACE) FUNDING AGENCY
Director of Management and Budget Jason Brown, recalling the Board ' s interest in
learning more about Property Assessed Clean Energy (PACE) programs, introduced Steve Stein,
the program manager for the Florida Property Assessed Clean Energy Funding Agency.
Mr. Stein noted that he was employed by Science Applications International Corporation
(SAIC), which provides administrative services for the Florida Property Assessed Clean Energy
program. Through a PowerPoint presentation (on file), he provided background and details on
the Florida PACE Funding Agency, a statewide financing program that will provide loans to
property owners for clean energy and wind resistance improvements to their homes. Mr. Stein
reviewed the eligibility and underwriting criteria for the homeowners, and stated that the
County' s requirements for participation in the program include the Board ' s adoption of an
authorizing Resolution and execution of a subscription agreement sanctioning Florida PACE to
provide services in the County. He advised that the loans would be repaid through special ad
valorem assessments on the property owners ' annual property tax bills, and that the program is
slated to begin in January/February 2013 .
I
4 3 P6 , 2. 53
December 11 , 2012 2
Vice Chairman Davis asked how the property owners could ensure that they were using
reputable contractors and getting competitive prices on the improvements they were making. He
also asked whether the PACE Funding Agency is subject to truth4n4ending laws .
Mr. Stein responded that the contractors must be licensed to do business in the
community, and the property owners are responsible to provide all necessary information to
PACE for review. He explained that disclosures regarding the loan terms will be part of the
loan closing package.
Commissioner O ' Bryan requested clarification on whether there would be a "non-
accelerated" clause in the loan documents, so the loan balance is not required to be paid at the
closing and carries over to the new owner (in accordance with the PACE program), and whoever
holds the first mortgage can leapfrog the tax lien.
Mr. Stein revealed that the PACE Board would select the financial service providers on
December 17 , 2012 ; thus, he did not yet have all the information regarding the loan conditions .
He noted however, that the interest rates should be at least equivalent to market rates.
Commissioner O ' Bryan expressed support for the PACE program, but requested that
Attorney Polackwich explore this matter further and report back to the Board.
Attorney Polackwich affirmed that he would do so .
6 . APPROVAL OF MINUTES
G.A. REGULAR MEETING OF NOVEMBER 6. 2012
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
December 11 2012 3 1 4 3 PC 254
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
the minutes of the November 6, 2012 meeting, as written.
7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. TOWN OF ORCHID COMMITTEE APPOINTMENTS FOR 2013
Noted for the record were the 2013 committee appointments for the Town of Orchid, as
presented on Replacement Page 2 , Attachment 7A, of the agenda package .
7. B. TREASURE COAST REGIONAL PLANNING COUNCIL (TCRP0 AND TCRPC
COMPREHENSIVE ECONOMIC DEVELOPMENT SSTRATEGYAPPOINTMENTS
Noted for the record were the 2013 committee appointments to the Treasure Coast
Regional Planning Council (TCRPQ and the TCRPC Comprehensive Economic Development
Strategy Committee, as presented on pages 4 — 7 of the agenda package.
8. CONSENT AGENDA
Commissioner Solari requested to pull Item 8 . 13 . and 8 .M . 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 .
14 3 rb 2
December 11 , 2012 4
�K
8.A. APPROVAL OF WARRANTS — NOVEMBER 16, 2012 TO NOVEMBER 29, 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 November 16, 2012 to
November 29 , 2012 , as requested in the memorandum of
November 29, 2012 .
8.B. 2013 BLANKETAUTHORIZATIONFOR COMMISSIONERS TO TRAVEL OUT
OF COUNTY
Commissioner Solari suggested that after out of County travel for a non-committee event,
the Commissioners should provide a notification and update to the public. He cited the example
of today' s agenda Item 14 . C . 1 , during which Commissioner O ' Bryan will be discussing the
Florida Association of Counties Legislative Conference that he attended in Sarasota County.
Chairman Flescher sought and received confirmation from Commissioner Solari that he
wanted the Commissioner updates to be under either Informational or Commissioners Items .
Commissioner O ' Bryan stressed the importance of County involvement at the State level,
and wanted the Board ' s Motion to clearly reflect that the Commissioners are authorized to travel
to Tallahassee on business that is not tied to their committee work.
Commissioner Solari stated he would incorporate the language from staff s report into a
Motion.
December 11 , 2012 5
43PG256
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O ' Bryan, to authorize the
Board members to travel out of County: ( 1 ) for all current
and any future assigned committee meetings ; and (2) on
occasions when it is necessary for Board members to
travel to Tallahassee, Florida to meet with State
Representatives, Senators, the Florida Department of
Environmental Protection, the Florida Department of
Transportation, etc. , regarding various County projects,
grants, and proposed legislation.
Vice Chairman Davis requested that the County Administrator have staff pattern future
recommendations regarding out of County travel on the above Motion.
Commissioner Zorc mentioned that as a new Commissioner, he would show a lot more
It
out of town travel expenses, due to his participation in the Florida Association of Counties '
Certified County Commissioner (CCC) training program.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
8. C. RETIREMENT AWARD AND PROCLAMATIONHONORING ANNE MOUTENOT
ONHER RETIREMENT FR OM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS. DEPARTMENT OF GENERAL SERVICES. NORTH COUNTY
LIBRARY. WITH TWENTY-ONE YEARS OF SERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
the Retirement Award and Proclamation honoring Anne
Moutenot on her retirement from the Indian River County
December 11 , 2012 6 4 PG 2 7
Board of County Commissioners, Department of General
Services, North County Library.
S.D. RETIREMENTAWARD AND PROCLAMATIONHONORING WALTER (WALLY)
D. MERRIFIELD ONHISRETIREMENTFROMINDIANRIVER COUNTY
BOARD OF COUNTY COMMISSIONERS. DEPARTMENT OF GENERAL
SERVICES. SANDRIDGE GOLF CLUB, WITHELEVEN YEARS OFSERVICE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
the Retirement Award and Proclamation honoring Walter
(Wally) D . Merrifield on his retirement from the Indian
River County Board of County Commissioners,
Department of General Services, Sandridge Golf Club .
S.E. WORK ORDER NO. I — FINAL PAYMOIA. BOWLES. VILLMIZAR &
ASSOCIATES (MB " — SOUTH COUNTY WASTEWATER TREATMENT
FACILITYHEADWORKS' REHABILITATIONPROJECT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
Final Pay Request for Work Order No . 1 to Moia, Bowles,
Villmizar and Associates (MBV) , in the amount of
$ 546 . 25 as presented, and as recommended in the
memorandum of November 28 , 2012 .
December 11 ; 2012 , RK 14 3 PG 2 -:5
- _ 1
8. F. APPROVAL FOR FINAL PAYMENT TO A.M. CONSTRUCTION GROUP INC .
FOR BID NO. 2012042 SOUTHREGIONAL WASTEWATER TREATMENT
HEADWORKS REHABILITATION
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
and authorized the Chairman to execute the Final Payment
with A . M . Construction Group, Inc. , in the amount of
$ 80,200. 93 , as recommended in the memorandum of
December 5 , 2012 .
8. G. MISCELLANEOUS BUDGET AMENDMENT 018 - ADDITIONAL
DOCUMENTATION FOR SUPERVISOR OF ELECTIONS BUDGET
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously: ( 1 )
ratified the budget adjustment completed by staff as
authorized under Miscellaneous Budget Amendment 018 ;
and (2) approved Exhibit "A" for Resolution No . 2012-
072 , as recommended in the memorandum of December 4,
2012 .
8.H. STIPULATED FINAL JUDGMENT FOR MARY CHARLENE BROWN PARCELS
107A . 107B. 107C. AND 404
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
the Stipulated Final Judgment for Mary Charlene Brown
143 PG 254
December 11 , 2012 8
Parcels 107A, 107B, 107C , and 404, as recommended in
the memorandum of December 5 , 2012 .
8, L REPLACEMENT COMMUNICATIONS MICROWAVE
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
the replacement communications microwave project, as
recommended in the memorandum of December 5 , 2012 .
( Clerk 's Note: This project is a cooperative effort with AT&T)
8. 1 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 TRANSPORTATIONBLOCK GRANT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
Resolution 2012421 , 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
moon 143PG260
December 11 , 2012x 9
_i
8.K. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
PUBLIC TRANSPORTATIONSUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (SJPA ) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (NON- URBANIZED AREA FORMULA GRANT)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
Resolution 2012= 122 , 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.L. WINDSOR PROPERTIES REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWNAS WINDSOR BLOCK 46
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously granted
final plat approval for the Windsor Block 46 subdivision,
as recommended in the memorandum of December 3 ,
2012 .
8. M. CAFETERIA FACILITY — BUILDING A /DAILYDOSE CAFE — LEASE
RENEWAL
Commissioner Solari noted his past and current opposition to this item.
ON MOTION BY Commissioner O ' Bryan, SECONDED
by Vice Chairman Davis, by a 41 vote (Commissioner
December 11 , 2012 10 .�'# 4 3' PG 2 6
1k
Solari opposed), the Board extended the existing lease
with Julie Anderson, from August 1 , 2012 through July
30, 2013 , for the Daily Dose Cafe, located in the County
Administration Building A, as recommended in the
memorandum of November 15 , 2012 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. 2013 COMMISSIONER COMMITTEE ASSIGNMENTS
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner O ' Bryan, the Board unanimously approved
the Commissioner Committee Assignments outlined on
pages 78 and 79 of the agenda package, as recommended
in the memorandum of December 6, 2012 .
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES-NONE
10 . PUBLIC ITEMS
10.A. PUBLICHEARING
10.A. 1. MCDONALDS CORPORATION'S REQUEST TO AMEND LAND
DEVELOPMENT REGULATIONS (LDRS) CHAPTERS 911 AND 956 TO
MODIFY THE NON- CONFORMING FREE-STANDING SIGNREGULATIONS IN
THE ROSELAND AND OTHER CORRIDORS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
` ` + " December 1' 1 , 2012 11 4 3 PG 262
Planning Director Stan Boling provided background and analysis on the request of
McDonalds Corporation to amend the County' s Land Development Regulations (LDRs) Chapter
911 Zoning; and Chapter 956 , Sign Regulations, to remove the building renovation trigger for
replacing non- conforming free-standing signs . He said that the McDonald ' s South USI and
Roseland restaurants are undergoing renovations and have free-standing pole signs that do not
conform to the existing corridor requirements for monument-style signs ; McDonald ' s wants to
upgrade the base of the sign as an interim upgrade. Director Boling relayed that the Planning &
Zoning Commission recommends that the Board adopt the proposed ordinance, with the
condition that the pole signs must be replaced within five years ; however, staff s
recommendation is for the Board to adopt the proposed ordinance and allow the free-standing
signs to be upgraded and remain until the store is rebuilt or the non-conforming sign is
significantly degraded or damaged. He added that the proposed amendment also contains a
provision establishing a definition of "free-standing sign height."
In response to the Board' s questions, Director Boling provided further information about
how the current and the proposed Ordinance would apply in various situations . He revealed that
the original Ordinance was designed for improved aesthetics, not for security or safety reasons .
The Chairman opened the Public Hearing.
Fred Mensing, Roseland Community Association President, pointed out that the goal of
the Roseland Corridor Plan was to eliminate all of the pole signs . He relayed the consensus of
the Roseland Community Association Board of Directors that the Board should adhere to the
Corridor Plan and require McDonalds to replace the pole sign with a monument-style sign.
Kim Binkley-Seyer, The Seyer Group, presented arguments on behalf of McDonalds
Corporation. She explained that the store renovations are minor and the two stores have come
into compliance with all the other Corridor Plan requirements; the LDR amendments would
allow them to retain the existing signs, provided aesthetic improvements are made to the lower
4
December 11 , 2012 12
portions of same. She added that the pole signs are independent structures that were legally
permitted.
Joe Conrado and Sam Houston, operators of the two McDonalds in question, described
how each store is a valuable community partner.
Bob Johnson, Coral Wind Subdivision, voiced opposition to the proposed Ordinance .
He felt that the standards in the existing corridor plan should be adhered to, and that the
McDonalds signs should be brought into compliance.
Ms. Binkley-Seyer affirmed that when a McDonalds restaurant is built or rebuilt, there
will be full compliance with the Corridor Plan sign requirements . She observed that it would be
a severe penalty for the Code to dictate that a minor investment by a business would trigger the
loss of its sign, and McDonalds is asking not to be penalized for upgrading their facilities by
being forced to replace their pole signs . Responding to questions, she provided further details on
the scope of the renovations that were done at the McDonalds, affirming that the restaurants
remained open during the entire process .
Commissioner Solari viewed the McDonalds renovations as a reinvestment in the subject
properties, and stated that the County was lucky to have people willing to reinvest in existing
businesses . He inquired of Ms . Binkley- Seyer whether the proposed Ordinance is satisfactory.
Ms. Binkley-Seyer responded in the affirmative, stating that decoupling the building
permit from the sign permit would allow McDonalds to retain its sign and upgrade the base for
improved aesthetics . She then reviewed possible options for upgrading the existing signs .
Director Boling added that the improvements would be approved by staff, and they are
not seen as an extension of the signs ' longevity.
143 PG 264
December 11 ; •2012 13
Chairman Flescher clarified for Mr. Johnson that the proposed ordinance would apply to
all businesses, not specifically to McDonalds .
There being no additional speakers, the Chairman closed the Public Hearing.
Commissioner O ' Bryan observed that the Board wants to maintain a good quality of life
for County residents, while being fair to businesses . He voiced support for staff' s
recommendation as a good compromise and a common sense solution to redevelopment.
Vice Chairman Davis was in favor of making a small concession to business owners
during these hard times, and would rather see them spend their money on more employees than
on complying with a bureaucratic requirement.
Commissioner Zorc pointed out that the exterior enhancements made by the subject
McDonalds have added greatly to the corridor aesthetics .
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approve staff' s
recommendation.
Chairman Flescher remarked that the proposed Ordinance allows the County' s businesses
to continue operations and make renovations without the added expense of removing existing
signs .
The Chairman CALLED THE QUESTION , and the
Motion carried unanimously. The Board adopted
Ordinance 2012-039, concerning amendments to its Land
Development Regulations (LDRs) ; providing for
amendments to Chapter 911 , Zoning, and Chapter 956
Sign Regulations, by amending Roseland Corridor
m, f
December 11 ,+2012 14 an it 4 3 PC 21
Regulations Section 911 .21 pertaining to free-standing
signs and compatible properties, by amending other
corridors Special Development Regulations Section
911 . 22 pertaining to free-standing signs and compatible
properties ; and by amending Sign Regulations Section
956 . 08 pertaining to decorative sign bases, and by
providing for repeal of conflicting provisions,
codification, severability, and effective date.
10. B. PUBLICDISCUSSIONITEMS - NONE
The Chairman called a recess at 10: 36 a. m. and reconvened the meeting at 10:49 a. m. ,
with all members present.
10. C. PUBLICNOTICE ITEMS
MCI. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 18. 2012:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDL4N
RIVER COUNTY FLORIDA. AMENDING SECTIONS 201. 08(H) (1) AND (2) OF
THE CODE OF INDL4N RIVER COUNTY TO ALLOW FOR REFUNDS OF
UTILITYDEPOSITS TO TENANTS UNDER CERTAIN CONDITIONS: AND
PROVIDING FOR SEVERABILITY, CODIFICATION, AND ANEFFECTIVE
DATE (LEGISLATIVE)
The County Attorney read the notice into the record.
11 . COUNTY ADMINISTRATOR MATTERS - NONE
12 , DEPARTMENTAL MATTERS
143 K 266
December 11 , 1012 15
12.A. COMMUNITYDEVELOPMENT - NONE
12 B. EMERGENCYSERVICES = NONE
12. C. GENERAL SERVICES - NONE
12. D. HUMANRESOURCES - NONE
12.E. HUMANSERVICES - NONE
12. F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G. 1. FRANCHISE FEE FOR NATURAL GAS UTILITIES
Director of Management and Budget Jason Brown explained that in order to serve their
customers, various utility providers are permitted access to numerous County-owned rights of
way and easements throughout the region. He reported that there are currently franchise
fees/agreements in place for all of the major utilities in the County: electric, water, sewer, and
solid waste; however, for some reason, natural gas has not been included in these utilities .
Director Brown thereafter presented staffs recommendation for the Board to authorize staff to
draft code changes initiating a franchise fee for natural gas ; and then move forward to establish a
franchise agreement with the natural gas provider/s serving the unincorporated areas of the
County.
Director Brown, with input from Administrator Baird, addressed Commissioner Zorc' s
questions about revenue projections and the anticipated commencement date for the new
franchise fee.
IK 4 3 P6 C 61,
December 11 , 2012 16 .
Commissioner O ' Bryan observed that it is fair and sensible to impose the franchise fee
uniformly on all of the utilities .
(Clerks Note: Communications Services Tax (CST) is paid to the County by providers of
various communication services, such as telephone, cable, and internet; thus, they are not
included in this discussion on franchise fees) .
MOTION WAS MADE by Commissioner O ' Bryan,
SECONDED by Commissioner Solari, to approve staff s
recommendation.
Chairman Flescher remarked that the County has to maintain the rights-of--ways, and
voiced his agreement with Commissioner O ' Bryan that the utilities should all pay the franchise
fees .
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized staff
to begin the process to enter into a franchise agreement
with the current natural gas provider(s) . This process will
include an ordinance to be approved by the Commission
establishing a franchise fee for natural gas and subsequent
adoption of a franchise agreement with the current natural
gas providers) in the unincorporated area, as
recommended in the memorandum of December 5 , 2012 .
ReH. RECREATION - NONE
full
December 11 2012 1 PG 2 6
I ZL PUBLIC WORKS
12.1. 1 PROFESSIONAL COASTAL ENGINEERING AND ENVIRONMENTAL SERVICES,
REQUEST FOR QUALIFICATIONS (RFQ) NO. 2012050
Director of Public Works Chris Mora reported that the County' s contracts with Coastal
Technology Corporation and Applied Technology & Management, Inc. are nearing expiration,
and the County needs to begin negotiating for the provision of coastal engineering and coastal
environmental services . He stated that a selection committee was convened to evaluate 18
engineering firms that responded to the Request for Qualifications (RFQ) that was issued in
August 2012 , and displayed a chart depicting the point scores and rankings of each firm. He
thereafter presented staff s recommendation to begin negotiations with the top ranked firm for
Part 1 . Coastal Engineering Services : Coastal Planning Engineering, Inc. ; and for Part 2 . Coastal
Environmental Services : Ecological Associates, Inc.
Vice Chairman Davis believed that not including Coastal Technology on the selection
committee' s shortlist was a drawback, because the County would not be able to draw upon their
knowledge of the completed beach restoration projects . He also believed it would be more cost
effective to use a company that is already familiar with the projects .
Coastal Engineer James Gray, with input from Director Mora, spoke to Vice Chairman
Davis ' s concerns. He advised that it is not uncommon to change engineers, and there would be
no lapse relative to the beach projects . He also disclosed that Coastal Technology is still
working for the County through completion of Work Order 13 on an extended contract.
Attorney Polackwich related the circumstances under which the County would still have
some access to Coastal Technology.
Commissioner Zorc mentioned that Coastal Technology has provided valuable assistance
with the permitting process for the upland sand used in the Sector 3 Beach Restoration Project;
` 4 143 rb 269
December 11 , 2012 18
he felt that extra points should have been given to companies with expertise in this area. He also
advocated giving additional credit to firms that could help the County save on its next project.
Commissioner Solari noted that it was the County Commission' s idea to use the upland
sand, and he was not willing to give the engineering firm extra credit for that. He did not see the
wisdom of changing the RFQ at this time.
Commissioner Zorc sought and received confirmation that a company that was locally
based would no longer qualify for extra points, as had formerly been the practice.
Commissioner O ' Bryan felt the rating system that was used to evaluate/rank the RFQs
could lead to inconsistencies and skewed ratings .
Administrator Baird responded that the current rating method has evolved because of all
the problems that have occurred with rating systems that were previously employed.
Commissioner Solari declared that if the Board wants to employ a different ratings
system, that matter should be discussed at a future Board meeting. He advocated moving ahead
with staff s recommendation for this specific RFQ, based on the existing procedures followed by
the selection committee.
MOTION WAS MADE by Commissioner Solari ,
SECONDED by Chairman Flescher, to approve staff' s
recommendation.
Commissioner Zorc spoke to the value of employing local people and wanted the Board
to revisit allotting extra points to locally-based companies . He suspected that out of area firms
would need to charge the County more, in order to cover their travel expenses .
December 11 , 2012 19 4 3 P Z 7 0
Administrator Baird offered positive feedback on Coastal Technology, stressing that their
omission on the shortlist is not a reflection of their work. He also relayed that henceforth, the
evaluation criteria will be listed on the RFQ solicitation documents.
Commissioner O ' Bryan stated he would go along with Commissioner Solari ' s
recommendation in order to maintain consistency in how the RFQ ' s have been scored thus far;
however, he wanted to work with the County Administrator to see if improvements can be made
to the scoring process.
Administrator Baird affirmed that staff would bring this matter back for further
discussion.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized staff
to begin contract negotiations with the top ranked firm for
Part 1 . Coastal Engineering Services : Coastal Planning &
En ineering_ Inc. , and for Part 2 . Coastal Environmental
Services : Ecological Associates, Inc. In the event
negotiations with Coastal Planning & Engineering,eering, Inc.
and Ecological Associates, Inc. are unsuccessful , the
Board authorized staff to then negotiate with the next top
ranked firms from Parts 1 and 2 .
12J. UTILITIES SERVICES - NONE
I IL DOUR December 11; • 2012 20 4 PG 2 7
13 . COUNTY ATTORNEY MATTERS
B.A. INDIANRIVER COUNTY COMMITTEES - MEMBER REAPPOINTMENTS
Attorney Polackwich recalled that this matter is being brought back to the Board after
being tabled at the November 20, 2012 County Commission meeting. He reported that in
accordance with Resolution 2011 -072 (adopted September 2011 ), the County Attorney' s office
has concluded its review of the members serving on the 13 County committees, and their terms
of appointment; and created a list of eligible incumbent members (pages 111 - 113 of the agenda
package) who want to be reappointed. He thereafter presented staff' s recommendation for the
Board to consider the reappointments of the incumbent committee members, and approve those
deemed appropriate. He added that the list of vacancies will be advertised, and the final
reappointments made in January 2013 ,
Vice Chairman Davis wondered how Commissioner Zorc, newly elected, could have
input on placing committee members where he would like, or make changes to the list.
Attorney Polackwich noted that the committee appointments or reappointments that are
made by the individual Board Members are not part of today' s agenda item .
The Board members sought and received fiuther information from Attorney Polackwich
about the committee reappointments that are to be made by the entire Commission.
Commissioner Solari felt that Commissioner Zorc, as well as the other Commissioners,
might want the opportunity to further review the appointees .
MOTION WAS MADE by Commissioner Solari , to
TABLE this matter until the first meeting of January. The
Motion DIED for lack of a second.
On 143 rb 272
Decen ber '11 ; 2012 21
I
Commissioner O ' Bryan pointed out that this matter was already tabled once, and
encouraged the Board to move forward with the incumbent committee members who wish to be
reappointed. He also noted that Commissioner Zorc will have a better idea of who he wants on
his committees after he has worked with them for awhile.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, for discussion, to
approve the committee reappointments as listed on pages
111 - 113 of the agenda package.
Commissioner Zorc asked if Commissioner Solari would amend his Motion to approve
the committee reappointments with the exception of the Member-at-Large appointee listings for
the Economic Development Council and the Enterprise Zone Development Agency, which could
both be added to the list of vacant positions.
MOTION WAS AMENDED by Commissioner Solari,
SECONDED by Vice Chairman Davis, to remove from
the Committee Reappointments, the Member-at-Large
position to the Economic Development Council and the
Enterprise Zone Development Agency, and add them to
the list of vacancies.
Attorney Polackwich explained that due to a transfer of positions within the Enterprise
Zone Development Agency, the Member-at-Large position on that committee is already vacant.
Commissioner Zorc asked that the Motion be modified accordingly, to reflect the
removal of the Member-at-Large position to the Economic Development Council from the
December 11 , 2012 22 4 ` ` 3 �
;F
Committee Reappointments . He welcomed the current appointee, as well as other interested
persons, to apply for the vacancy.
AMENDED MOTION WAS MODIFIED by
Commissioner Solari, SECONDED by Vice Chairman
Davis, to remove from the Committee Reappointments,
the Member-at-Large position to the Economic
Development Council and add it to the list of vacancies .
Penny Chandler, Executive Director, Indian River County Chamber of Commerce,
commented that she did not want there to be any hesitation regarding the Enterprise Zone
Development Agency, because the committee was getting ready to reconsider its plan.
The Chairman CALLED THE QUESTION, and the
Modified Amended Motion carried unanimously. The
Board : ( 1 ) approved the Committee Re-Appointments for
2013 , as outlined on pages 111 through 113 ; and (2)
removed from the Committee Reappointments, the
Member-at-Large position to the Economic Development
Council, and added it to the list of vacancies .
14 . COMMISSIONER ITEMS
14.A. COMMISSIONER .IOSEPHE. FLESCHER, CHAIRMAN - NONE
14A COMMISSIONER WESLEYS. DAMS, VICE CHAIRMAN - NONE
: 143PG274
December 11 , 2012 23
_ 1
14. C. COMMISSIONER PETER A O 'BRYAN
14, C ]. UPDATE ON THE FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE
CONFERENCE
Commissioner O ' Bryan provided a recap and analysis of matters that were discussed at
the Florida Association of Counties (FAC) Legislative Conference on November 28 — 30, 2012 .
( 1 ) Medicaid and Affordable Care Act would lead to an expansion of eliigible
Medicaid recipients, and a possible fiscal impact of about $290 million to all 67
counties.
FAC proposes to have each County pay a flat fee based upon its May 2012
Medicaid billing. OR, if the status quo continues, counties would continue
to review their Medicaid bills and pay them from a County-determined
funding source. The State ' s billing system still needs improvement, due to
high error rates .
(2) Tourist Development Tax . Pending legislation would exempt a portion of online
rentals from tourist taxes.
FAC will lobby to oppose the legislation.
(3 ) Department of Motor Vehicles (DMV,) License Fees
FAC supports legislation to provide a more equitable sharing of the DMV
license fees with the County tax collectors .
(4) Prison Inmates
FAC is opposed to the State' s proposal to change current law regarding
the terms a prisoner is retained at a local jail before being transferred to a
State facility. The State ' s proposal would result in an estimated $ 100
million negative impact on all 67 Counties .
(5) Florida Department of Juvenile Justice - Overbilling
The State is researching ways to improve billing accuracy, due to some
overcharging.
December 1192012 24
(6) Pain Management Clinics
FAC opposed any State preemption of regulations for Pain Management
Clinics.
(7) Florida Statutes Chapters 180, Municipal Public Works and 153 ,Water
and Sewer Systems
There was no consensus to approve Indian River County ' s proposed new
bill requiring that the County give consent before the municipalities can
extend certain utility services into the unincorporated areas of the County.
Attorney Polackwich provided further analysis on the County' s proposed new bill, and
relayed that District 54 Representative Debbie Mayfield will be introducing the bill at the
December 19, 2012 Indian River County Legislative Delegation meeting.
14. C. 2. DEPARTMENT OF JwENILE JUSTICE PROGRAM
Commissioner O ' Bryan reported that at the FAC Conference, there was discussion on the
State ' s Department of Juvenile Justice Program. He explained how the State assesses each
County' s costs to participate in the program, and revealed that several other counties have found
it beneficial to opt out of the State program. He thereafter asked the Board to consider having
the Sheriff and staff work together to evaluate whether there would be a cost benefit for the
County to withdraw from the State' s Program and run the juvenile justice program in-house. He
believed that bringing the program in-house would save costs and help facilitate the
rehabilitation of the youths .
Commissioners Zorc and Flescher, respectively, offered their support for Commissioner
O ' Bryan' s suggestion.
ON MOTION by Commissioner O ' Bryan, SECONDED
by Commissioner Zorc, the Board unanimously authorized
143 PG 276
December 11 , 2012
25
staff to work with the Sheriffs Office to evaluate opting
out of the State Department of Juvenile Justice Program
and administering the program in-house.
14.D. COMMISSIONER BOB SOLARI — NONE
14.E. COMMISSIONER TW ZORC — NONE
15 . SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICES DISTRICT — NONE
15e A SOLID WASTE DISPOSAL DISTRICT — NONE
15. 0 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 12 : 29 p .m .
December 11 2012 26 143 PG 277
C- - -
ATTEST .
Jef e /R. S it , oseph E. Flescher, Chairman
Clerk of Circuit Court & Comptroller
Minutes Approved : FEB 0 5 202
BCC/MG/2012Minutes
X43 �G 2
December 11 , 2012 27