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Home My WebLink About12/13/2011 (5) MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 13 , 2011 - 9 : 00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach , Florida, 32960-3388 www .ircgov. com COUNTY COMMISSIONERS Gary C. Wheeler, Chairman District 3 Joseph A. Baird , County Administrator Peter D . O ' Bryan , Vice Chairman District 4 Alan S . Polackwich , Sr. , County Attorney Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board Joseph E. Flescher District 2 Bob Solari District 5 1 . CALL TO ORDER 9 : 00 A.M. PAGE 2. INVOCATION Stan Boling, Planning Director 3 . PLEDGE OF ALLEGIANCE Commissioner Peter D . O ' Bryan, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation of Proclamation Designating December 13 , 2011 as Poll Worker Appreciation Day - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . Be Presentation on Winterfest 2011 by Chuck Mechling, Pointe West and Indian River County Recreation Department --- t 141 PG 7 4 t December 13 , 2011 Page 1 of 6 5 . PROCLAMATIONS and PRESENTATIONS PAGE C . Presentation on Dori Slosberg Driver Education Safety Act by Emily Slosberg, CEO , Dori Slosberg Foundation; Tara Kirschner, Executive Director, Dori Slosberg Foundation; and John Bolen, Supervisor and Teacher of Driver Education Programs --- 14 60 APPROVAL OF MINUTES None 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION AT A. Indian River County Annual Fire Report 2010 - 11 by Florida Forest Service `1 (memorandum dated December 5 , 2011 ) 24 Be City of Vero Beach Committee Appointees for 2012 (memorandum dated December 8 2011 ) 5 -7 . - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - C. 2012 Indian River County School Board Committee Appointments (memorandum dated December 6 , 2011 ) 8 - 13 { 8 . CONSENT AGENDA A. Approval of Warrants and Wires — November 18 , 2011 to December 1 , 2011 (memorandum dated December 1 2011 ) 14 -24 Be 2012 Committee Assignments memorandum dated December 1 , 2011 25 -27 C. Approval of Auction Sale Price for Wings of Joy Property Auction Date : Monday, December 12 , 2011 (memorandum dated December 6 , 2011 ) 28 1 - - - - - - - - - - - - - D. Camp Dresser and McKee, Inc . Wellfield Maintenance and Management Services for South and North County Reverse Osmosis Water Treatment Plants Work Order No . 10 — Final Pay Approval (memorandum dated December 1 , 2011 ) 29-36 . . . . . . . . . . . - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . - - - - - - - - - - E. 43rd Ave Sub- Complex Transit Facility — FPL Utility Easement memorandum dated December 5 , 2011 3740 F. Request for Approval of a County Agreement with the Vero South Property i Owners Association, Inc . , for the County to Repair a Culvert and Roadway at the Intersection of 21St Court SW and Oslo Road memorandum dated December 7 , 2011 41 - 50 < y - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 141 PG 7 4 1 December 13 , 2011 Page 2 of 6 9 . CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1 . Don Meek ' s Request for Special Exception Use Approval for a Used Vehicle Sales Business at 150 43 `d Avenue (memorandum dated November 16 , 2011 ) 51 - 62 Quasi-Judicial 2 . Consideration of an Ordinance that will Extend by Seven Years the Planned Development Zoning Reverter Deadline for the Liberty Park, Turtle Creek Preserve, and Sunnyside Up Planned Development Projects (memorandum dated November 28 , 2011 ) 63 - 69 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Legislative 3 . Reflections Holdings , LLC ' s Request for Special Exception and Conceptual Site Plan Approval for an Assisted Living Facility (ALF)/Adult Congregate Living Facility (ACLF) (memorandum dated November 17 2011 ) 70- 114 Quasi-Judicial B . PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks . Please try to limit your remarks to three minutes . 1 . Request to Speak from Bill Rigby Regarding Garbage Recycling Pilot Program115 C . PUBLIC NOTICE ITEMS L Notice of Scheduled Public Hearing December 20 , 2011 : Consider Adoption of a Proposed Ordinance to Amend Title XI of the Code of Indian River County to Grant an Economic Development Ad Valorem Tax Exemption to INEOS New Planet Bioenergy, LLC (memorandum dated December 6 , 2011 ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 116 _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Legislative 11 . COUNTY ADMINISTRATOR MATTERS None OF% - 141 PG 7 4 2 December 13 , 2011 Page 3 of 6 12 . DEPARTMENTAL MATTERS PAGE A• Communitv Development None Be Emergency Services None C , General Services ' None D, Human Resources None E , Human Services None F, Leisure Services None j G, Office of Management and Budget None H, Recreation None I, Public Works None J, Utilities Services 1 . Approval of Work Order No . 1 with Schulke, Bittle & Stoddard, LLC to Provide Conceptual Design for the North Barrier Island ( South of SR 510) Reclaimed Water Distribution System (memorandum dated December 2 , 2011 ) 117435 2 . Approval of Work Order No . 1 with Masteller and Moler, Inc . for Engineering Services to Design the Storm Grove Stormwater Reclamation Project for Additional Reuse Water Supply (memorandum_ dated December 1 , 2011 ) 136445 n K 141 PG 743 ' Page 4 of 6 December 13 , 2011 ;1 12 . DEPARTMENTAL MATTERS PAGE J, Utilities Services 3 . Amnesty Program for Utilities Delinquency Charges (memorandum_ dated December 5 , 2Q1 1 ) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . . . 146 - 148 _ 13 . COUNTY ATTORNEY MATTERS A. 10 : 30 a. m . Attorney- Client Session : FVP Miami Lakes LLC v . Indian River County, Nineteenth Judicial Circuit, Case No . 31201 OCA074993 (memorandum dated December 6 , 2011 ) . . . . . . . . 149 _ Be Aproval of Mediated Settlement Agreement for Parcel 106 located at 5215 66 Avenue owned by John and Debra Marotto (memorandum dated December 6 , 2011 ) - - - - - - - - - - - - - - - - - - - - 150- 158 C . Settlement with Shadowbrook Estates, Inc . (memorandum dated December 6 , 2011 ) 159472 14 . COMMISSIONERS ITEMS A. Commissioner Gary C , Wheeler, Chairman None E. Commissioner Peter D . O ' Bryan, Vice Chairman None C , Commissioner Wesley S . Davis None D . Commissioner Joseph E. Flescher None E . Commissioner Bob Solari None 15 . SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None BK 141 PG 744 December 13 , 2011 Page 5 of 6 15 . SPECIAL DISTRICTS AND BOARDS PAGE Be Solid Waste Disposal District 1 . Work Order No . 1 to Camp Dresser & McKee Inc . (CDM) for Engineering Services with the 2012 Annual Financial Reports (memorandum dated December 1 2011 ) 173480 2 . Work Order No . 2 to Camp Dresser & McKee Inc . (CDM) for Engineering Services with the 2012 Annual Permit Compliance Monitoring and Reporting (memorandum_ dated December 1 , 2011 ) 181495 3 . SWDD Landfill Gas Interconnect Agreement with INEOS New Plant BioEnergy, LLC (memorandum dated December 5 , 2011 ) 196-233 C , Environmental Control Board None 16 . ADJOURNMENT Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based . Anyone who needs a special accommodation for this meeting may contact the County ' s Americans with Disabilities Act (ADA) Coordinator at (772) 2264223 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. 141 PG 74 December 13 , 2011 Page 6 of 6 3 JEFFREY K . BARTON _ Clerk to the Board �pA INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS DECEMBER 112011 1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 . INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 . PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 ADDITION : ITEM 5 . D . UPDATE ON EXCAVATING THE OLD VERO MAN SITE . . . . . . . . . . . . . . 2 5 . PROCLAMATIONS AND PRESENTATIONS2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . A . PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 13 , 2011 AS POLL WORKER APPRECIATION DAY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 S . B . PRESENTATION ON WINTERFEST 2011 BY CHUCK MECHLING , POINTE WEST AND INDIAN RIVER COUNTY RECREATION DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 . C . PRESENTATION ON DORI SLOSBERG DRIVER EDUCATION SAFETY ACT BY EMILY SLOSBERG , CEO , DORI SLOSBERG FOUNDATION ; TARA KIRSCHNER , EXECUTIVE DIRECTOR, DORI SLOSBERG FOUNDATION ; AND JOHN BOLEN , SUPERVISOR AND TEACHER OF DRIVER EDUCATION PROGRAMS , 6 d 0 a a v 9 a w a a v or a a a a a a a 0 0 a 0 1 0 s M 0 3 5 . D . ADDITION : UPDATE ON EXCAVATING THE OLD VERO MAN SITE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 { 141 PSG 7 4 6 December 13 , 2011 1 " 6 . APPROVAL OF MINUTES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING rBOARD ACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 . A . INDIAN RIVER COUNTY ANNUAL FIRE REPORT 2010 - 11 BY FLORIDA FOREST SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 y'- 7 . 13 . CITY OF VERO BEACH COMMITTEE APPOINTEES FOR 20120 6 a 0 a a 0 a 0 & & 0 0 0 a a 0 0 a 0 8 0 0 s 0 0 6 0 5 0 0 9 0 0 6 0 a 0 a 4 7 . C . 2012 INDIAN RIVER COUNTY SCHOOL BOARD COMMITTEE APPOINTMENTS . . . . . . . . . . . . . . . 4 29 8 . CONSENT AGENDA a 5 9 0 0 0 0 6 9 0 0 0 0 0 a u a 0 0 a a 0 a a a a a 0 a a a a a 0 a a a a s s s a a a a s 0 0 a a 0 Q 0 0 0 0 0 0 a 0 0 0 0 # w 0 0 0 0 0 0 04 8 . A . APPROVAL OF WARRANTS AND WIRES — NOVEMBER 18 , 2011 TO DECEMBER 1 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 . B . 2012 COMMITTEE ASSIGNMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 . C . APPROVAL OF AUCTION SALE PRICE FOR WINGS OF JOY PROPERTY AUCTION DATE : MONDAY , DECEMBER 12 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 . D . CAMP DRESSER AND MCKEE , INC . WELLFIELD MAINTENANCE AND MANAGEMENT SERVICES FOR SOUTH AND NORTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANTS WORK ORDER NO . 10 — FINAL PAY APPROVAL . . . 0098 . . . . . . 6 8 . E . 43RD AVENUE SUB — COMPLEX TRANSIT FACILITY — FPL UTILITY EASEMENT . . . . . . . . . . . . . . 7 8 . F . REQUEST FOR APPROVAL OF A COUNTY AGREEMENT WITH THE VERO SOUTH PROPERTY OWNERS ASSOCIATION , INC . , FOR THE COUNTY TO REPAIR A CULVERT AND ROADWAY AT THE INTERSECTION OF 211T COURT SW AND OSLO ROAD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES — NONE . . . . . . . . . . . . . . . . . . 8 10 . PUBLIC ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 . A . PUBLIC HEARING ( S ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 . A . 1 . DON MEEK ' S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A USED VEHICLE SALES BUSINESS AT 150 43RD AVENUE ( QUASI — JUDICIAL ) . . . . . . . . . . . . . . . . . . . . . . . . . . 9 l O . A . 2 . CONSIDERATION OF AN ORDINANCE THAT WILL EXTEND BY SEVEN YEARS THE PLANNED DEVELOPMENT ZONING REVERTER DEADLINE FOR THE LIBERTY { I41 PG 744 December 13 , 2011 2 PARK , TURTLE CREEK PRESERVE , AND SUNNYSIDE UP PLANNED DEVELOPMENT PROJECTS ( LEGISLATIVE) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 . A . 3 . REFLECTIONS HOLDINGS , LLC ' S REQUEST FOR SPECIAL EXCEPTION AND CONCEPTUAL SITE PLAN APPROVAL FOR AN ASSISTED LIVING FACILITY (ALF ) /ADULT CONGREGATE LIVING FACILITY (ACLF ) ( QUASI - JUDICIAL ) . . . . . . . . . . . . 11 10 . B . PUBLIC DISCUSSION ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10 . B . 1 . REQUEST TO SPEAK FROM BILL RIGBY ( AND AUDRA RIGBY ) REGARDING THE GARBAGE RECYCLING PILOT PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 10 . C . PUBLIC NOTICE ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 1 O . C . 1 . NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 20 , 2011 : CONSIDER ADOPTION OF A PROPOSED ORDINANCE TO AMEND TITLE XI OF THE CODE OF INDIAN RIVER COUNTY TO GRANT AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO INEOS NEW PLANET BIOENERGY , LLC (LEGISLATIVE ) . . . . . . . . . . 20 11 . COUNTY ADMINISTRATOR MATTERS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . DEPARTMENTAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . A . COMMUNITY DEVELOPMENT - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . B . EMERGENCY SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . C . GENERAL SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . D . HUMAN RESOURCES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . E . HUMAN SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . F . LEISURE SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . G . OFFICE OF MANAGEMENT AND BUDGET - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . H . RECREATION - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 12 . I . PUBLIC WORKS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12 . J . UTILITIES SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12 . J . 1 . APPROVAL OF WORK ORDER NO . 1 WITH SCHULKE , BITTLE & STODDARD , LLC TO PROVIDE CONCEPTUAL DESIGN FOR THE NORTH BARRIER ISLAND ( SOUTH OF SR 510 ) RECLAIMED WATER DISTRIBUTION SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12 . J . 25 APPROVAL OF WORK ORDER NO . 1 WITH MASTELLER AND MOLER , INC . FOR ENGINEERING SERVICES TO DESIGN THE STORM GROVE STORMWATER RECLAMATION PROJECT FOR ADDITIONAL REUSE WATER SUPPLY . . . . . . . . . . . . . . . . . . . . . . . . . . 21 12 . J . 3 . AMNESTY PROGRAM FOR UTILITIES DELINQUENCY CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 BK 141 PG 748 December 13 , 2011 3 1 '1 13 . COUNTY ATTORNEY MATTERS 13 . A . 10 : 30 A . M . ATTORNEY - CLIENT SESSION : FVP MIAMI LAKES LLC V . INDIAN 1 RIVER COUNTY , NINETEENTH JUDICIAL CIRCUIT, CASE No . 31201 OCA074993 . . . . . . . 23 13 . B . APPROVAL OF MEDIATED SETTLEMENT AGREEMENT FOR PARCEL 106 LOCATED AT 5215 66T" AVENUE OWNED BY JOHN AND DEBRA MAROTTO . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 13 . C . SETTLEMENT WITH SHADOWBROOK ESTATES , INC . 14 . COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 14 . A . COMMISSIONER GARY C . WHEELER, CHAIRMAN - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 14 . B . COMMISSIONER PETER D . O ' BRYAN , VICE CHAIRMAN - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 14 . C . COMMISSIONER WESLEY S . DAVIS - NONE 25 14 . D . COMMISSIONER JOSEPH E . FLESCHER - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 I 14 . E . COMMISSIONER BOB SOLARI - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 x 15 . SPECIAL DISTRICTS AND BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 „. 15 . A . EMERGENCY SERVICES DISTRICT - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 15 . B . SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 I 15 . B . 1 . WORK ORDER NO . I TO CAMP DRESSER & MCKEE INC . ( CDM ) FOR ENGINEERING SERVICES WITH THE 2012 ANNUAL FINANCIAL REPORTS . . . . . . . . . . . . . . . . . . 26 15 . B . 2 . WORK ORDER NO . 2 TO CAMP DRESSER & MCKEE INC . ( CDM) FOR ENGINEERING SERVICES WITH THE 2012 ANNUAL PERMIT COMPLIANCE MONITORING AND REPORTING 26 15 . B . 3 . SWDD LANDFILL GAS INTERCONNECT AGREEMENT WITH INEOS NEW PLAN PLANET BIOENERGY , LLC 15 . C . ENVIRONMENTAL CONTROL BOARD - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 16 . ADJOURNMENT , a 0 1 a a a a 6 0 9 0 4 a 6 0 0 0 0 a 0 a a 8 8 a a 0 a 9 0 0 0 6 9 0 0 a 0 0 0 0 a 0 8 a I a 1 0 0 a 0 1 6 4 0 0 0 0 0 0 0 0 6 a a 0 0 0 0 10 0 a a a 0 a I a I a a a a a 0 0 t 4 9 a a a a 0 0 0 a a 0 0 0 a a a a 9 a 6 a 0 a 0 0 a a 26 4 { ! 4 ! PG 749 December 13 , 2011 4 JEFFREY K. BARTON G Clerk to the Board �ORl�p' December 13 , 2011 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 13 , 2011 . Present were Chairman Gary C . Wheeler, Vice Chairman Peter D . O ' Bryan, and Commissioners Joseph E . Flescher and Bob Solari . Commissioner Wesley S . Davis was absent during the beginning of the meeting, but later joined after the Attorney- Client Session . Also present were County Administrator Joseph A . Baird , County Attorney Alan S . Polackwich, Sr. , and Deputy Clerk Leona Adair Allen. 1 . CALL TO ORDER Chairman Wheeler called the meeting to order at 9 : 00 a . m . I INVOCATION Stan Boling, Community Development Planning Director, delivered the Invocation . 3 . PLEDGE OF ALLEGIANCE Vice Chairman O ' Bryan led the Pledge of Allegiance to the Flag . 141 PG 750 December 13 , 2011 1 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Solari requested the following change to the Agenda: ADDITION: ITEM 5. D. UPDATE ONEXCAyATING THE OLD VERO MAN SITE ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman O ' Bryan, by a 4 - 0 vote (Commissioner Davis absent) , the Board approved the Agenda as amended . 5 . PROCLAMATIONS AND PRESENTATIONS 5.A. PRESENTATIONOFPROCLAMATIONDEsiGNATiNGDEcEMBER 13. 2011 AS POLL WORKER APPRECIATIONDAY Vice Chairman O ' Bryan read and presented the Proclamation to Supervisor of Elections Leslie Swan, who accepted it on behalf of all poll workers . S. B. PRESENTATION ON WINTERFEST 2011 BY CHUCKMECHLING. POINTE WESTANDINDMNRIVER COUNTYRECREATIONDEPARTMENT Chuck Mechling, Pointe West, Inc . , announced Pointe West ' s eighth annual WinterFest event hosted by the Indian River County Recreation Department and Pointe West, to be held on Saturday, December 17th from 2 : 00 p . m . to 6 : 00 p . m . He outlined the planned activities and invited everyone to attend. December 13 , 2011 2 4 � 7 5 S. C. PRESENTATION ON DORI SLOSBERG DRIVER EDUCATION SAFETYACT BY EMILYSLOSBERG, CEO, DORI SLOSBERG FOUNDATION; TARA KIRSCHNER, EXECUTIVE DIRECTOR, DORI SLOSBERG FOUNDATION: AND .JOHNBOLEN SUPERVISOR AND TEACHER OFDRIVER EDUCATION PROGRAMS Tara Kirschner, Executive Director, and John Bolen , Supervisor and Public School Teacher, provided a brief presentation on the Dori Slosberg Driver Education Safety Act, and requested the Board re-implement the drivers ' education program in Indian River County . Discussion ensued regarding the available funds in the Dori Slosberg account since the program was cancelled by the School Board ; the cost of educating a student through the program ; bringing this back to the Board with justification for the additional fee ; and a plan and/or program for the distribution of funds . 5. D. ADDITION: UPDATE ON EXCAVATING THE OLD VERO MAN SITE Representatives from the Old Vero Ice Age Sites Committee (OVIASC) provided the Board with a presentation (on file) on the old Vero Man site excavation, and asked the Commissioners to give their committee recognition and support as they move forward with OVIASC objectives and plans . 6 . APPROVAL OF MINUTES - NONE 141 PG 752 December 13 , 2011 3 7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION LLL 7.A. INDIANRIVER COUNTYANNUAL FIRE REPORT 201041 BY FLORIDA FOREST SER VICE Noted for the record was the receipt of the required annual Fire Report , 7. 8. CITY OF VERO BEACH COMMITTEE APPOINTEES FOR 2012 Noted for the record was the 2012 list of Committee appointees for the City of Vero Beach (pages 6 and 7 of the Agenda Packet) . 7. C. 2012INDIANRIVER COUNTYSCHOOL BOARD COMMITTEE APPOINTMENTS Noted for the record was the 2012 list of Committee appointees for the Indian River County School Board (pages 9 through 13 of the Agenda Packet) . 8 . CONSENT AGENDA Chairman Wheeler requested to pull Item 8 . 13 . for clarification . Vice Chairman O ' Bryan noted that Attorney Polackwich recommended pulling Item 81 . for discussion. j141 PG 753 December 13 , 2011 4 ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, by a 4- 0 vote (Commissioner Davis absent) , the Board approved the Consent Agenda, as amended . 8A APPROVAL OF WARRANTS AND WIRES — NOVEMBER 189 2011 TO DECEMBER 1 , 2011 ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, by a 4- 0 vote (Commissioner Davis absent) , the Board approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of November 18 , 2011 to December 1 , 2011 , as requested in the memorandum of December 1 , 2011 . 8. B. 2012 COMMITTEE ASSIGNMENTS Chairman Wheeler pointed out that Commissioner Solari was going to be assigned to the Beach and Shore Preservation Advisory Committee (listed on page 27 of the Agenda Packet) , but Commissioner O ' Bryan agreed to remain on the committee . ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman O ' Bryan, by a 4 - 0 vote (Commissioner Davis absent) , the Board approved the 2012 Committee assignments for each Commissioner as listed on pages 26 and 27 of the Agenda Packet, with the exception that the Beach and Shore Preservation Advisory Committee will be removed from Commissioner Solari ' s assignment list and added to Vice Chairman O ' Bryan ' s . 8K 141 P1; 7. 5 4 December 13 , 2011 5 8. C. APPROVAL OFA UCTIONSALE PRICE FOR WINGS OF .IOYPROPERTY AUCTIONDATE. MONDAY, DECEMBER 12, 2011 ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, by a 4 -0 vote (Commissioner Davis absent) , the Board ratified and approved to accept at the December 12 , 2011 auction, the winning bid for the former Wings of Joy property surplus , scheduled for Monday, December 12 , 2011 , as recommended in the memorandum of December 6 , 2011 . CONTRACT AND COPY OF DEED ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. D. CAMP DRESSER AND MCKEE, INC. WELLFIELD MAINTENANCE AND MANAGEMENT SERVICES FOR SOUTH AND NORTH COUNTYREVERSE OSMOSIS WATER TREATMENT PLANTS WORK ORDER NO. 10 - FINAL PAY APPROVAL ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, by a 4 - 0 vote (Commissioner Davis absent) , the Board approved Pay Request No . 80410092/22 to Camp Dresser and McKee (CDM) , Inc . , in the amount of $ 5 , 876 . 25 , for wellfield maintenance and management services , as recommended in the memorandum of December 1 , 2011 . 1K 141 PG 7 5 S December 13 , 2011 6 8. E. 43RD AVENUE SUB- COMPLEX TRANSIT FACILITY — FPL UTILITY EASEMENT ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, by a 4 -0 vote (Commissioner Davis absent) , the Board : ( 1 ) approved the Sub- Complex Transit Facility — Florida Power and Light Utility Easement sketch and description ; and (2) authorized the County Administrator to execute the Easement, as recommended in the memorandum of December 5 , 2011 . CERTIFIED COPY OF DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8. F. REQUEST FOR APPROVAL OFA COUNTYAGREEMENT WITH THE VERO SOUTH PROPERTY OWNERS ASSOCL4 TION, INC. . FOR THE COUNTY TO REPAIR A CULVERT AND ROADWAYAT THE INTERSECTION OF 21 ST COURT SW AND OSLO ROAD At the request of Vice Chairman O ' Bryan, County Attorney Alan Polackwich recapped his memorandum dated December 7 , 2011 , regarding the private access road at 21St Court SW that is in substantial disrepair . He talked about how it serves as the sole ingress and egress to a small commercial plaza and a townhouse development known as Vero South Property Owners Association (POA) ; how the maintenance responsibility for the road belongs to the POA ; and how the commercial plaza owners have no maintenance responsibility for the road . He reported that in the interest of expediting road repair, staff has taken steps to obtain consent from the POA to conduct the repair work, and later assess the POA for the costs through a recorded lien on the property . He thereafter addressed the risks of repayment for repairs, and revealed that the K 141 PG 7 5 6 December 13 , 2011 7 proposed agreement was signed by the Secretary/Treasurer, a Director of the Corporation. Attorney Polackwich wants to get written verification of the signature from the President of the Corporation, which is forthcoming, and make any approval conditions on that. Public Works Director Chris Mora conveyed that in order to put in a new entrance to the plaza off of 201h Avenue, the road would need to go over the existing shallow swales , and the retention pond would need to be accounted for . He felt it would be more costly than just fixing the pipe on Oslo Road . Discussion ensued regarding the cost of putting a lien on the property, the road being private property, setting a precedent, and encouraging the owner of the plaza to work something out with the POA . ON MOTION by Commissioner Solari , SECONDED by Commissioner Flescher, by a 4. 0 vote (Commissioner Davis absent) , the Board denied staff' s recommendation to authorize the County Administrator to execute , on behalf of the County, the "Agreement between Indian River County, Florida, and the Vero South Property Owners Associations, Inc . for Repair of Culvert and Roadway at the Intersection of 21St Court SW and Oslo Road and Consent to Lien" . 9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE December 13 , 2011 8 141 PG 7 5 7 10 . PUBLIC ITEMS 10.A. PUBLIC HEARING(S) 10.A. 1 . DONMEEK 'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A USED VEHICLE SALES BUSINESS AT 150 43RD AVENUE (QUASI- JUDICIAL PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD At the request of the Chairman, each Commissioner disclosed that they had no ex parte communications on this subject, and asserted that they have open minds . Community Development Planning Director Stan Boling, summarized the memorandum of November 16 , 2011 , providing the details of Don Meek' s request for special exception use and major site plan approval to establish a used vehicle sales business . The site is currently zoned CG (General Commercial) and requires special exception use approval for the sale of used vehicles . He recommended the Board make findings as listed in the staff report, and grant special exception use approval for a used vehicle sales business . Director Boling addressed the Commissioners ' questions regarding the stormwater site and landscaping . The Chairman opened the Public Hearing . Jeff Smith , Mosby- Smith Engineering, Inc . , invited questions or comments from the Board ; there were none . There being no other speakers , the Chairman closed the Public Hearing . BA 141 PG 7 5 8 December 13 , 2011 9 ON MOTION by Vice Chairman O ' Bryan, SECONDED by Commissioner Flescher, by a 4- 0 vote (Commissioner Davis absent) , the Board found : ( 1 ) that the Board of County Commissioners is empowered under the provisions of Chapter 971 to review the special exception use applied for ; (2 ) that granting special exception use approval will not adversely affect the public interest; and (3 ) the application satisfies the general and specific criteria required for special exception use approval ; and (4) granted special exception use approval for the proposed used vehicle sales business ; all as recommended in the memorandum of November 16 , 2011 . I0.A. 2. CONSIDERATION OFAN ORDINANCE THAT WILL EXTEND BYSEVEN YEARS THE PLANNED DEVELOPMENT ZONING REVERTER DEADLINE FOR THE LIBERTY PARK, TURTLE CREEK PRESER VE, AND SUNNYSIDE UP PLANNED DEVELOPMENT PROJECTS (LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Director Boling provided background on various Planned Development (PD) projects that were approved through the PD rezoning process , and PD zoning reverters that were put on the project approvals . He explained the process of how several PD rezonings were approved with a zoning reverter provision that is activated if the PD project has not progressed by a specific deadline, and upon activation of the reverter, the site ' s zoning returns to its original zoning . He reported that three projects currently have the PD zoning reverters (Liberty Park, Turtle Creek IPA 4 i PG 7 5 9 December 13 , 2011 10 o Preserve , and Sunnyside Up) , and are now requesting an additional seven-year extension to the zoning reverter deadline . Director Boling said that staff has no objection to granting the request since the projects are well designed and meet the County ' s current policies . He urged the Board to adopt the ordinance . The Chairman opened the Public Hearing . There being no speakers, the Chairman closed the Public Hearing . ON MOTION by Commissioner Solari , SECONDED by Commissioner Flescher, by a 4- 0 vote (Commissioner Davis absent) the Board adopted Ordinance 2011 -010 , further extending the deadline by seven (7) years for planned developments to commence construction or have their zoning revert to the site ' s original (pre -planned development approval) zoning; and providing for effective date . lO.A. 3. REFLECTIONS HOLDINGS, LLCISREQUEST FOR SPECIAL EXCEPTION AND CONCEPTUAL SITE PLANAPPROYAL FOR ANASSISTED LIVING FACILITY (ALF)/AD ULT CONGREGATE LIVING FACILITY (A CLF) (QUASI4UDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Commissioners , as requested by the Chairman, divulged ex parte site visits, investigations , and communications . They also acknowledged they reviewed staff' s report and affirmed that their decisions would be based on the evidence presented and applicable law. 141 PG 760 December 13 , 2011 11 Community Development Planning Director Stan Boling used a Power Point (on file) to recap the memorandum dated November 17 , 2011 . He provided description, conditions , and analysis for the special exception use request from Reflections Holdings , LLC , for a proposed Assisted Living Facility (ALF)/Adult Congregate Living Facility (ACLF) . The project will consist of a three- story, 98 unit ( 125 beds) adult congregate living facility on the east side of US 1 near Schumann Drive . The site is zoned CL (Limited Commercial) and RM-6 (Residential Multi-family, up to 6 units/acre), with both districts allowing an ACLF as a special exception use . He explained the special exception use process, noted there was an existing site plan approved for development on the site , and used zoning and aerial maps to describe the proposed site, traffic circulation, stormwater management, and landscaping buffers . Director Boling also used a sketch to depict the front elevation of the proposed ACLF building, and highlighted some of the concerns raised by the Planning and Zoning Commission at their last meeting . He asked the Board to make the findings that are listed in the staff report, review the request, approve it as is ; approve it with the conditions listed in staff' s report ; or deny it. Vice Chairman O ' Bryan questioned the distance between the existing buildings and the proposed ACLF, and the types of retail shops that could occupy a strip center if one were to be built on subject site, in lieu of the ACLF . Joseph Paladin, President Black Swan Consulting, presented the Board with the details of the proposed ALF/ACLF , highlighted the tax base on the property, the local employment opportunities that would be created before and after the project ' s completion, the facility ' s compatibility to the area, and the low intensity of the assisted living facility . t� (Clerk 's Note : At 10: 30 a. m. the Board convened in the County Commission Conference Room to conduct the Attorney- Client Session [Item 13. A .]. The Board reconvened in the Chambers at 11 : 15 a. m. with all members present to continue Item IO. A . 3 .) 141 PG 76 December 13 , 2011 12 1 ' 1 ,,4 r Mr. Paladin continued his presentation, providing the particulars on the construction of the project, legality and ownership of the property, proposed landscaping, the project being State regulated and approved, and wanting to be a good neighbor . Commissioner Davis declared that he has had communications with Chris Russell of Oculina Bank, and claimed to have an open mind in dealing with this subject . The Chairman opened the Public Hearing . Thomas Tierney, Attorney with Rossway Moore Taylor and Swan, representing Reflections on the River Homeowners ' Association (HOA) , which is adjacent to the subject property on US 1 , listed the reasons why the HOA opposes the request for special exception and conceptual site plan approval , and asked the Board to deny the request . He thereafter addressed questions from the Board regarding the portion of the site that is in ownership dispute . Todd Howder, MBV Engineering , Inc . , said his firm was hired by the Reflections community to analyze the engineering aspects of the proposed site plan . He discussed issues dealing with the compatibility and intensity of the proposed facility, as well as its proximity to existing buildings . He urged the Board to consider these issues before making their decision . Tom Cooke, President of Reflections on the River HOA, voiced opposition and concerns over the compatibility and size of the proposed 120, 000 square- foot, three - story ALF/ACLF . Larry Stetler, Treasurer of Reflections on the River HOA , voiced community concerns over constructing a three- story commercial building in front of their neighborhood, and compatibility issues that would impact residents . Don Graziano , resident of Reflections on the River, stressed that the proposed building would not be suitable for the property, despite legal issues of who owns the property ; said he would rather see a residential project built on the property ; and questioned staff about parking 141 PG 762 December 13 , 2011 13 k spaces and firefighter access/standards . He requested that the Board obtain proof of financing and a conditional basis approval, if they choose to proceed with the project. I Bob Ashcroft, 6283 N . Vero Lake Drive, provided background regarding the property in question, voiced concern over the proposed three - story building, and would only support building something on the site if it coincides with existing buildings . Robert Marcum opposed the proposed project, and voiced concern over the lack of { outdoor grounds for the tenants of the proposed three- story ALF/ACLF . 4. Robert Christy explained why he and his family moved to Reflections on the River, and questioned what the proposed facility would do to their property values . A lengthy discussion followed as Attorney Polackwich and staff addressed the Commissioners ' questions and concerns regarding the ownership issue and moving forward ; the pending lawsuit; the floor area ratio of the proposed facility ; parking requirements and standards ; the site plan application requirements and process ; general criteria for special exception use approval ; permitting requirements ; and stormwater management . David Phillips , Sustainable Engineering Design, engineer for the project, addressed concerns relating to the proposed structure , compatibility, architectural style, and the final footprint. He also discussed issues pertaining to buffering , relocating the service drive and dumpster locations , traffic intensity, drainage/sewer improvements, and the setback between the buildings . Gregory Burke, Gregory John Burke Architect, 333 17`h Street, architect for the project, explained the details of the proposed building, the four outdoor court yards , buffering, and landscaping . December 13 , 2011 14 OK 14 1 PG 763 Mr. Paladin concluded his presentation by expressing that he was not planning to build a big box, but rather a building that is architecturally appealing . He wanted to be a teammate to the neighboring community, and felt the ALF/ACLF would be less intensive than building a drug store , restaurant, or movie theatre on the site . He believed the project would greatly benefit the community and its residents , and requested the Board approve the conceptual site plan and special exception use . In response to Chairman Wheeler, Mr. Paladin specified that the facility would target individuals who can live alone, but still need assistance . A brief discussion ensued regarding density and parking capacity for the condominiums at Reflections on the River. There being no other speakers , the Chairman closed the Public Hearing . Vice Chairman O ' Bryan did not believe the delivery traffic, or the three- story building would be a concern; however, he felt the proposed 4046ot distance between existing Building 11 (in Reflections on the River) and the proposed three-story facility would have an adverse effect on the individuals in the one - story building . He supported the special exception application with the condition that there is an increased buffer (possibly 75 ' ) between Building 11 and the proposed facility . Commissioner Davis felt there also needed to be appropriate aesthetics between the two buildings . Commissioner Flescher felt that many of the aforementioned concerns would be a matter of site-based management . Commissioner Solari provided reasons why he would normally support this request ; however, he believed he was charged to find out if this was compatible with the surrounding land 141 PG 764 December 13 , 2011 15 41 use, and based on the neighbors ' comments , the applicant has come close, but not met the burden of compatibility with the surrounding land use . Chairman Wheeler noted that upon weighing the evidence that was presented, he still has concerns over : ( 1 ) single family residences backing-up to the three-story facility, which he did not think was compatible ; (2) the amount of parking that is required ; and (3 ) ownership interest in the disputed property . MOTION WAS MADE by Vice Chairman O ' Bryan, SECONDED by Commissioner Davis , for the Board to find : ( 1 ) the Board of County Commissioners is empowered under the provisions of Chapter 971 to review the special exception applied for; (2) that granting the special exception will not adversely affect the public interest ; (3 ) the application satisfies the general and specific criteria required for special exception approval ; and (4) the conditions stated below are adequate to ensure compatibility between the special exception use and surrounding land uses , and (5 ) that there be a 7546ot buffer between Building 11 and any new building on the application . In addition, grant special exception use approval for the Reflections ACLF with the following conditions : ( 1 ) prior to issuance of a building permit, the applicant shall obtain approval of a final site plan and satisfy site plan release conditions ; (2) prior to the issuance of a certificate of occupancy (C . O . ) : (a) all required landscape buffers and opaque features , including taller trees required between the proposed 3 - story ACLF building and the adjacent Reflections on the River building, shall be installed ; (b) the USI turn lane December 13 , 2011 16 BK 14 ! P 7 improvements shall be completed, unless the improvements are not required by FDOT and are determined to not be warranted under a revised traffic study approved by County Traffic Engineering ; and (c) the sidewalk along the site ' s US 1 frontage shall be maintained or repaired/replaced as determined by Public Works ; and (3 ) there shall be no increase over 125 residents/beds unless special exception use approval is granted for an increase . Discussion ensued among the Commissioners regarding intensity, the loss of privacy for individuals living in single-family homes that would back up to the three- story building, and compatibility with the existing use . The Chairman CALLED THE QUESTION and the Motion carried by a vote of 3 -2 (Commissioners Solari and Wheeler opposed) . The Chairman called a break at 1 : 22 p. m. , and reconvened the meeting at 1 : 36p. m. , with all members present. 10. B. PUBLICDISCUSSIONITEMS 10. B. 1 . REQUEST TO SPEAK FROM BILL RIGBY (AND AUDRA RIGBY) REGARDING THE GARBAGE RECYCLING PILOT PROGRAM Audra Rigby , 8465 59`" Avenue, asked that his name be added to the above title, since he and Bill Rigby are equally representing Capital Sanitation, Inc . , (Capital) , with 50 % of the company being owned by each individual . 141 PG 7 6 6 December 13 , 2011 17 Bill Rigby, 8465 591h Avenue, asked for clarity on the definition of "addendum" and "pilot program" and asked that the definitions be stated in the minutes . Attorney Polackwich informed Mr. Rigby that an " addendum" is a subsequent amendment or supplementation of an existing agreement. He said the "pilot program" did not have legal meaning, but considered it to be a program that is going to be attempted for a short period of time to see what result is achieved, and based on the results that are achieved, a more permanent decision would follow. Administrator Baird explained that the purpose of a "pilot program" is to see if a program would be worth the County moving in a particular direction, or staying neutral , so it would not cost the taxpayers more money than necessary . He said the program allows staff to look at other methods that might save the County money due to the volatility of market prices . Bill Rigby voiced concerns over his application for the Enterprise Zone , and Capital being denied participation in the pilot program ; the legality of whether a pilot program was stated in the current contract ; incidents that occurred at Orchid Island and Grand Harbor ; past personal comments made by Commissioners ; and past denials to participate being a discriminatory, unfair action . He recounted Attorney Polackwich ' s comment that there is merit in what the Rigbys ' are saying, and that they would have to wait until 2015 to reapply (when the current franchise contract expires) . Chairman Wheeler asked for more specifics regarding the concerns that Mr . Rigby was referring to , and Mr . Rigby said he would provide that information to him privately . Bill Rigby voiced concerns over the Board giving Waste Management, Inc . and Treasure Coast Refuse a contract for 30 years without an application, but when asking for the same terms , he was refused and was informed that an application was required . DUAK 141 PG 767 December 13 , 2011 18 Administrator Baird explained that when the County is seeking garbage and recycling collection, staff looks for a company that has the ability to deliver and meet code requirements, such as sufficient references and assets to do the job . He said he was not aware of incidents mentioned with Grand Harbor, or the 30 -year contracts . Attorney Polackwich provided history and clarified that after he took office , he could not find any applications dating back to the 1960 ' s . He believed that once Waste Management and Treasure Coast had the franchises and began providing the services , that new applications were not requested of them as the renewals came due . Discussion ensued regarding the trash haulers in 1975 who did not submit applications , the Request for Proposals (RFP) , implementing the pilot program as an emergency solution, and the County ' s plans to go out for bids in a few months . Director of Utility Services Erik Olson provided background information relative to the contracts and Mr. Rigby ' s comments . Discussion ensued between the Rigbys ' and the Commissioners pertaining to Capital ' s submission of a Request for Application (RFA) , whether the pilot program would be economically feasible in the future , issues pertaining to the Enterprise Zone application, deficiencies from the past, and the current Commissioners wanting to ensure that all processes will be conducted in a fair, optimal way, in moving forward . Bill Rigby stressed that he had always come to the Board with truth and facts , and sought the same from the Board . He said he has no problem with the pilot program , just the fairness of the process from 1958 to today . NO BOARD ACTION REQUIRED OR TAKEN 141PG768 December 13 , 2011 19 1 109C PUBLIC NOTICE ITEMS 5 10. C. 1. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 20 2011 : CONSIDER ADOPTION OFA PROPOSED ORDINANCE TO AMEND TITLE XI -: OF THE CODE OF INDIAN RIVER CO LINTY TO GRANT AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO INEOS NEW PLANET 1 BIOENERGY, LLC (LEGISLATIVE) „ 1 A Attorney Polackwich read the notice into the record . 11 . COUNTY ADMINISTRATOR MATTERS - NONE 12 . DEPARTMENTAL MATTERS 12.A. COMMUNITYDEVELOPMENT - NONE 12. B. EMERGENCYSERVICES - NONE 12. C. GENERAL SER VICES - NONE 12. D. HUMANRESOURCES - NONE 129E* HUMANSER VICES - NONE 12. F. LEISURE SERVICES - NONE 12. G. OFFICE OFMANAGEMENT AND BUDGET - NONE 12.H. RECREATION - NONE December 13 , 2011 20 BK 141 PG 769 12.I. PUBLIC WORMS — NONE 12a J. UTILITIES SERVICES 12. ,1. 1. APPROVAL OF WORK ORDER NO. I WITH 5 CHULKE9 BITTLE & STODDARD LLC TO PROVIDE CONCEPTUAL DESIGN FOR THE NORTH BARRIER ISLAND (SOUTH OF SR 510) RECLAIMED WATER DISTRIB UTION SYSTEM Vice Chairman O ' Bryan noted that he was glad to see the County moving forward with reuse capabilities . ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis , the Board unanimously approved Work Order No . 1 with Schulke, Bittle and Stoddard (SBS ) , LLC , in the amount of $ 161 ,200 . 00 ; found the „r project was needed to accommodate new growth in the County; found that new growth will proportionately benefit from the project; and authorized the Chairman to execute the Work Order, all as recommended in the memorandum of December 2, 2011 . WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 120 12. APPROVAL OF WORK ORDER NO. I WITH MASTELLER AND MOLER, INC FOR ENGINEERING SERVICES TO DESIGN THE STORM GROVE STORMWA TER RECLAMA TION PR OJECT FOR ADDITIONAL REUSE WATER SUPPLY ON MOTION by Commissioner Davis , SECONDED by Vice Chairman O ' Bryan, the Board unanimously B{ 141 PG 770 December 13 , 2011 21 approved Work Order No . 1 with Masteller and Moler (M&M) , Inc . , in the amount of $ 181 ,498 . 00 ; found that the project was needed to accommodate new growth in the County ; found that new growth will proportionately benefit from the project ; and authorized the Chairman to execute the Work Order, all as recommended in the memorandum of December 1 , 2011 . WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. 13. AMNESTYPROGRAM FOR UTILITIES DELINQUENCY CHARGES MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Davis , to approve an Amendment to Indian River County Ordinance 201 . J (4) to allow for waiving of delinquency charges during a Board approved amnesty period and to proceed with setting the required public hearings necessary to change the Ordinance to allow for the waiver of delinquency charges on reserve accounts during the Board approved 30- day amnesty period, as recommended in the memorandum of December 5 , 2011 . Vice Chairman O ' Bryan said that overall he supports the program, but did not think it : would be fair to the account holders who have been paying their balances in a timely manner. He did not support 100 % amnesty, and wanted a penalty for those paying late . Administrator Baird clarified that the account holder would still pay their past base utility charges , but their compounded interest and penalties would be waived . December 13 , 2011 22 By 7 The Chairman CALLED THE QUESTION and the Motion carried by a vote of 44 vote (Vice Chairman O ' Bryan opposed) . 13 . COUNTY ATTORNEY MATTERS B.A. 10:30 A.M. ATTORNEY- CLIENT SESSION: FVPMIAMI LAKES LLC V. INDMNRIVER COUNTY, NINETEENTH JUDIML CIRCUIT, CASE NO. 312010CA074993 (Clerk 's Note : The Attorney Client Session convened at 10: 30 a. m. in the County Commissioners ' Conference Room.) Present at the session were Commissioners Wesley S . Davis , Joseph E . Flescher, Peter D . O ' Bryan, Bob Solari and Gary C . Wheeler . Also present were County Attorney Alan S . Polackwich, Sr. , County Administrator Joseph A . Baird, outside Counsel Lewis Wilson Murphy, Jr . from the firm of Murphy and Walker, P . L . , and certified Court Reporter Greg Campbell . (Clerk 's Note : The Commissioners returned to the Chambers at 11 : 15 a. m. , the Chairman closed the Attorney- Client Session, and reconvened the regular meeting.) 13. 8. APPROVAL OFMEDL4TED SETTLEMENTAGREEMENT FOR PARCEL 106 LOCATED AT 5215 66TH AVENUE OWNED BY .JOHNAND DEBRA MAROTTO Deputy County Attorney William DeBraal recapped his memorandum of December 5 , 2011 , pointing out that in order for the 661h Avenue improvement project to move forward, the County needs to acquire 0 . 679 acres from John F . Marotto and Debra A . Marotto . He described the project purpose, risk assessment, mediation details , and thereafter recommended the Board approve the Mediated Settlement Agreement. kawe Bit 141 PG 712 December 13 , 2011 23 ON MOTION by Commissioner Davis , SECONDED by Commissioner Solari , the Board unanimously approved the Mediated Settlement Agreement for Parcel 106 , located at 5215 66th Avenue , owned by John and Debra Marotto , as recommended in the memorandum of December 6 , 2011 . 13 C. SETTLEMENT WITH SHADOWBROOK ESTATES, INC. Attorney Polackwich reviewed his memorandum dated December 6 , 2011 , providing background and ongoing details of the County ' s purchase of 29 environmentally contaminated acres located at the headwaters of the St . Sebastian River, from Shadowbrook Estates , Inc . He also explained the specifics of the Escrow Agreement and the tentative settlement whereby the County will receive $ 100 , 000 . 00 of the escrow funds , Shadowbrook will receive the balance , and the County will take over remediation efforts . MOTION WAS MADE by Commissioner Solari , SECONDED by Commissioner Davis , to approve the settlement, and authorize the Chairman to attest the proposed Settlement Agreement with Shadowbrook Estates , Inc . Vice Chairman O ' Bryan suggested staff send a copy of the settlement to Representative Debbie Mayfield, accompanied with a strong letter stating that it is mind-boggling that the Department of Environmental Protection (DEP) took more than four years to come up with a remediation plan; and should it cost the County over $ 100 , 000 . 00 , that DEP will pay the difference , because of what it is costing taxpayers , due to the bureaucratic paper pushing of DEP . I4IPG773 December 13 , 2011 24 MOTION WAS AMENDED by Commissioner Solari , SECONDED by Commissioner Davis , to approve the settlement, authorize the Chairman to attest the proposed Settlement Agreement with Shadowbrook Estates , Inc . , and direct staff to send a copy to Representative Debbie Mayfield, accompanied with a strong letter stating that it is mind-boggling that the Department of Environmental Protection (DEP) took more than four years to come up with a remediation plan, and should it cost the County over $ 100 , 000 . 00 , that DEP pay the difference . The Chairman CALLED THE QUESTION and the Amended Motion carried unanimously . AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14 , COMMISSIONER ITEMS 14 A COMMISSIONER GARY C. WHEELER, CHAIRMAN — NONE 14* Be COMMISSIONER PETER D. O 'BRYAN, VICE CHAIRMAN — NONE 14. C. COMMISSIONER WESLEY S. DA VIS — NONE 14. D. COMMISSIONER .JOSEPH E. FLESCHER — NONE 14. E. COMMISSIONER BOB SOLARI — NONE 15 , SPECIAL DISTRICTS AND BOARDS BK 141 PG 774 December 13 , 2011 25 i 15.A. EE MERGENCY SER VICES DISTRICT - NONE 15. B. SOLID WASTE DISPOSAL DISTRICT The Chairman announced that immediately upon adjournment, the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately . 15AL 1 WORK ORDER NO I TO CAMP DRESSER & MCKEE INC (CDM) FOR ENGINEERING SERVICES WITH THE 2012 ANNUAL FINANCL4L REPORTS 15. B. 2. WORK ORDER NO 2 TO CAMP DRESSER & MCKEE INC. (CDM) FOR ENGINEERING SERVICES WITH THE 2012 ANNUAL PERMIT COMPLIANCE MONITORING AND REPORTING 15. B. 3. SWDDLANDFILL GASINTERCONNECTAGREEMENTWITHINEOS NEwPL4XTPLANETBioENERGyq LLC 15, C ENVIRONMENTAL CONTROL BOARD - NONE ALL BACKUP DOCUMENTATION, RESOLUTIONS , AND ORDINANCES ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES 16 , ADJOURNMENT There being no further business , the Chairman declared the meeting adjourned at 2 : 51 p . m . BK 141 PG 775 December 13 , 2011 26 ATTEST : Jeffrey K. Barton, Clerk Gary C heeler, Chairman Minutes Approved : FEB 0 7 2012 BCC/LA/2011 Minutes December 13 , 2011 27 OK 14 1 PG 7 7