HomeMy WebLinkAbout03/13/2012 (3)BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 13, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Pastor Kellie Tipton, Central Assembly of God
Alan S. Polackwich, Sr., County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Video Tour of Indian River County by Scott Johnson, Indian
River County Webmaster
6. APPROVAL OF MINUTES
None
March 13, 2012
PAGE
Page 1 of 7
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION PAGE
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires — February 24, 2012 to March 1, 2012
(memorandum dated March 1, 2012) 1-8
B. Out of County Travel to attend the 2012 Florida Association of Counties
Annual Conference and Educational Exposition
(memorandum dated March 1, 2012)
9-10
C. Approval of Renewal for a Class "A" Certificate of Public Convenience and
Necessity for Indian River Shores Department of Public Safety
(memorandum dated March 2, 2012)
11-24
D. Transfer of Ownership for a Class "B" Certificate of Public Convenience
and Necessity for American Ambulance Services Inc.
(memorandum dated March 5, 2012)
25-42
E. Transfer of Ownership for a Class "B" Certificate of Public Convenience
and Necessity for All County Ambulance Inc.
(memorandum dated March 5, 2012)
43-60
F. Transfer of Ownership for a Class "E" Certificate of Public Convenience and
Necessity for American Ambulance Services Inc.
(memorandum dated March 5, 2012)
61-77
G. Transfer of Ownership for a Class "E" Certificate of Public Convenience and
Necessity for All County Ambulance Inc. DBA Medical Transportation
Specialist (MTS)
(memorandum dated March 5, 2012)
78-94
H. Final Pay to Melvin Bush Construction Company for SR60 Phase 3 Conflict
Resolution Improvements
(memorandum dated March 5, 2012)
95-99
I. Request for Approval of a List of Pre -Qualified Housing Inspectors /
Contractors to Perform Housing Program Insp. ction Services
(memorandum dated March 5, 2012)
100-112
J. Consideration of Revisions to the Current and Proposed Indian River County
Local Housing Assistance Plan
(memorandum dated March 5, 2012)
113-119
March 13, 2012 Page 2 of 7
8. CONSENT AGENDA PAGE
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 (FDOT)
(memorandum dated March 6, 2012) 120-131
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Consideration of Ordinance to Temporarily Suspend Imposition of
Three Impact Fees for Two Years
(memorandum dated March 5, 2012)
132-146
Legislative
2. Final Consideration and Adoption of Six Year Refund Ordinance
(memorandum dated March 6, 2012) 147-154
Legislative
3. Continuation of County Initiated Request to Amend Chapter 401 of
the Code of Indian River County to Adopt the 2010 Florida
Building Code and the 2010 Indian River County Wind Speed Map
(memorandum dated March 7, 2012)
155-200
Legislative
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Mike DeGeorge, President, and Sherri
Davis, Vice President, Trillium Homeowners' Association
Regarding the 66th Avenue Road Project
March 13, 2012
201
Page 3 of 7
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing April 10, 2012:
(memorandum dated March 1, 2012) 202-203
a. Orchid Quay, LLC; TC Property Venture, LLC; and William
Hunter Request: to Amend the Comprehensive Plan's Future
Land Use Map to Redesignate ± 28.56 Acres, Located
Approximately ±900 feet South of C.R. 510 and East of 46th
Avenue and U.S. #1, From M-1, Medium -Density
Residential -1 (up to 8 units/acre), to C/I, Commercial/
Industrial; and Simultaneously Change the Land Use
Designation of ±9.21 Acres, Located South of C.R. 510, and
East of 46th Avenue, From C/I, Commercial/Industrial, to M- ,
1, Medium Density Residential — 1 (up to 8 units/acre); and
Change the Land Use Designation of ±20.11 Acres, Located
Approximately ±1300 Feet South of 65th Street and West of
the FEC Railroad, From C/I, Commercial and Industrial, to L-
2, Low Density Residential -2 (up to 6 units/acre); and to
rezone several associated properties (Legislative)
b. County Initiated Request: to Amend Text of Several Elements
and Sub -Elements of the County's Comprehensive Plan
(Legislative)
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
March 13, 2012
Community Development
None
Emergency Services
None
General Services
None
Human Resources
None
Human Services
Page 4 of 7
None
12. DEPARTMENTAL MATTERS PAGE
F.
G.
H.
I.
J.
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
None
Utilities Services
1. Approval of Change Order No. 2, Final Payment and Release of
Retainage to Summit Construction Management, Inc. for
Construction of the North County Reclaimed Water Storage Tank
and Repump Facility
(memorandum dated March 7, 2012)
204-225
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A.
B.
C.
D.
Commissioner Gary C, Wheeler, Chairman
None
Commissioner Peter D. O'Bryan, Vice Chairman
None
Commissioner Wesley S. Davis
1. Cobblestone/51st Avenue Property ON'ners Boundary Dispute
(memorandum dated March 7, 2012) 226-227
Commissioner Joseph E. Flescher
None
March 13, 2012 Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
E.
Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
March 13, 2012
Emergency Services District
None
Solid Waste Disposal District
1. Approval of Minutes Meeting of January 10, 2012
2. Approval of Minutes Meeting of January 24, 2012
3. Approval of Minutes Meeting of February 7, 2012
4. Work Order No. 3 to MBV Engineering, Inc. for the Repaving of
Winter Beach, Gifford, and Roseland Customer Convenience
Centers
(memorandum dated March 5, 2012)
228-235
5. Recyclables Transfer, Processing, and Marketing — RFP No.
2012023
(memorandum dated March 4, 2012)
236-248
6. Amendment No. 1 to SWDD Feedstock Supply Agreement with
INEOS New Planet BioEnergy, LLC (INPB)
(memorandum dated March 7, 2012)
249-253
7. Amendment No. 1 to SWDD Landfill Gas Interconnect Agreement
with INEOS New Planet BioEnergy, LLC
(memorandum dated March 7, 2012)
254-257
Environmental Control Board
1. Approval of Minutes Meeting of November 8, 2011
2. Approval of Minutes Meeting of February 7, 2012
Page 6 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
C.
Environmental Control Board
3. Report of Activities for First Quarter FY 11/12 (October through
December 2011)
(memorandum dated February 27, 2012)
258-261
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 p.m.
March 13, 2012
Page 7 of 7
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 13, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Pastor Kellie Tipton, Central Assembly of God
Alan S. Polackwich, Sr., County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Video Tour of Indian River County by Scott Johnson, Indian
River County Webmaster
6. APPROVAL OF MINUTES
None
March 13, 2012
PAGE
BK1.42PG165
Page 1 of 7
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing April 10, 2012:
(memorandum dated March 1, 2012) 202-203
a. Orchid Quay, LLC; TC Property Venture, LLC; and William
Hunter Request: to Amend the Comprehensive Plan's Future
Land Use Map to Redesignate ± 28.56 Acres, Located
Approximately ±900 feet South of C.R. 510 and East of 46th
Avenue and U.S. #l, From M-1, Medium -Density
Residential -1 (up to 8 units/acre) to C/I, Commercial/
Industrial; and Simultaneously Change the Land Use
Designation of ±9 21 Acres, Located South of C.R. 510, and
East of 46th Avenue, From C/I, Commercial/Industrial, to M-
1, Medium Density Residential — 1 (up to 8 units/acre); and
Change the Land Use Designation of ±20.11 Acres Located
Approximately ±1300 Feet South of 65th Street and West of
the FEC Railroad, From C/I, Commercial and Industrial, to L-
2, Low Density Residential -2 (up to 6 units/acre); and to
rezone several associated properties (Legislative)
b. County Initiated Request: to Amend Text of Several Elements
and Sub -Elements of the County's Comprehensive Plan
(Legislative)
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
None
C. General Services
None
D.
E.
March 13, 2012
Human Resources
None
Human Services
BK
42PP14if§7
None
12. DEPARTMENTAL MATTERS PAGE
F. Leisure Services
None
G. Office of Management and Budget
None
H.
Recreation
None
I, Public Works
None
J. Utilities Services
1. Approval of Change Order No. 2, Final Payment and Release of
Retainage to Summit Construction Management, Inc. for
Construction of the North County Reclaimed Water Storage Tank
and Repump Facility
(memorandum dated March 7, 2012)
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A. Commissioner Gary C, Wheeler, Chairman
None
B.
Commissioner Peter 11 O'Bryan, Vice Chairman
None
204-225
C. Commissioner Wesley S. Davis
1. Cobblestone/51St Avenue Property Owners Boundary Dispute
(memorandum dated March 7, 2012) 226-227
D. Commissioner Joseph E. Flescher
None
BK 142 PG 169
March 13, 2012 Page 5 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
c, Environmental Control Board
3. Report of Activities for First Quarter FY 11/12 (October through
December 2011)
(memorandum dated February 27, 2012) 258-261
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 p.m.
March 13, 2012
BK 142 PG 171
Page 7 of 7
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MARCH 13, 2012
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - ADDITION 2
ADD: ITEM 14A. DISCUSSION BY CHAIRMAN WHEELER REGARDING HOUSE
BILL 5301 MEDICAID SERVICES 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF VIDEO TOUR OF INDIAN RIVER COUNTY BY SCOTT JOHNSON,
INDIAN RIVER COUNTY WEBMASTER. 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 3
Bit 142 PG 172
March 13, 2012 1
10.A.3. CONTINUATION OF COUNTY INITIATED REQUEST TO AMEND CHAPTER 401 OF
THE CODE OF INDIAN RIVER COUNTY TO ADOPT THE 2010 FLORIDA BUILDING
CODE AND THE 2010 INDIAN RIVER COUNTY WIND SPEED MAP 18
10.B. PUBLIC DISCUSSION ITEMS 21
10.B.1. REQUEST TO SPEAK FROM MIKE DEGEORGE, PRESIDENT, AND SHERRI DAVIS,
VICE PRESIDENT, TRILLIUM HOMEOWNERS' ASSOCIATION REGARDING THE
66TH AVENUE ROAD PROJECT 21
10.C. PUBLIC NOTICE ITEMS 24
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING APRIL 10, 2012: 24
A. ORCHID QUAY, LLC; TC PROPERTY VENTURE, LLC; AND WILLIAM HUNTER
REQUEST: TO AMEND THE COMPREHENSIVE PLAN'S FUTURE LAND USE MAP TO
REDESIGNATE ± 28.56 ACRES, LOCATED APPROXIMATELY ±900 FEET SOUTH OF
C.R. 510 AND EAST OF 46TH AVENUE AND U.S. #1, FROM M-1, MEDIUM -
DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO CII, COMMERCIAL/
INDUSTRIAL; AND SIMULTANEOUSLY CHANGE THE LAND USE DESIGNATION OF
±9 21 ACRES, LOCATED SOUTH OF C.R. 510, AND EAST OF 46TH AVENUE, FROM
C/I, COMMERCIAL/INDUSTRIAL, TO M-1 MEDIUM DENSITY RESIDENTIAL - 1
(UP TO 8 UNITS/ACRE); AND CHANGE THE LAND USE DESIGNATION OF ±20 11
ACRES, LOCATED APPROXIMATELY ±1300 FEET SOUTH OF 65TH STREET AND
WEST OF THE FEC RAILROAD FROM C/I, COMMERCIAL AND INDUSTRIAL, TO
L-2, Low DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE); AND TO REZONE
SEVERAL ASSOCIATED PROPERTIES (LEGISLATIVE 24
B. COUNTY INITIATED REQUEST. TO AMEND TEXT OF SEVERAL ELEMENTS AND
SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 25
11. COUNTY ADMINISTRATOR MATTERS - NONE 25
12. DEPARTMENTAL MATTERS 25
12.A. COMMUNITY DEVELOPMENT - NONE 25
12.B. EMERGENCY SERVICES - NONE 25
12.C. GENERAL SERVICES - NONE 25
12.D. HUMAN RESOURCES - NONE 25
12 E HUMAN SERVICES - NONE 25
12.F. LEISURE SERVICES - NONE 25
B1( 14 2 PG 17 4
March 13, 2012 3
15.C. ENVIRONMENTAL CONTROL BOARD 32
15.C.1. APPROVAL OF MINUTES MEETING OF NOVEMBER 8, 2011 32
15.C.2. APPROVAL OF MINUTES MEETING OF FEBRUARY 7 2012 32
15.C.3. REPORT OF ACTIVITIES FOR FIRST QUARTER FY 11-12 (OCTOBER THROUGH
DECEMBER 2011) 32
16. ADJOURNMENT 32
March 13, 2012 5
BK 142 PG 176
JEFFREY K. BARTON
Clerk to the Board
co6
March 13, 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, March 13, 2012. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D.
O'Bryan, and Commissioners Wesley S. Davis, Joseph E Flescher, and Bob Solari. Also
present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,
and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Kellie Tipton, Central Assembly of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Alan S. Polackwich, Sr. led the Pledge of Allegiance to the Flag.
March 13, 2012 1
BK 142 PG 177
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Vice Chairman O'Bryan requested to pull Item 8.D., 8 E , 8.F., and 8.G. from the
Consent Agenda for discussion.
Commissioner Solari requested to pull Item 8.J. for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
B.A. APPROVAL OF WARRANTS AND WIRES - FEBRUARY 24, 2012 TO MARCH 1,
2012
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of February 24, 2012 to March
1, 2012, as requested in the memorandum of March 1,
2012.
March 13, 2012 3
BK 142PG179
8.D. TRANSFER OF OWNERSHIP FOR A CLASS "B" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR AMERICAN AMBULANCE SERVICES
INC.
Vice Chairman O'Bryan noted that American Ambulance Services, Inc.; All County
Ambulance, Inc.; and All County Ambulance, Inc., DBA Medical Transportation Specialist
(MTS), are selling their non -emergency ambulance services to new owners. He wanted to know
if prices will remain competitive or if the new owners will now have a monopoly for this type of
transportation.
Brian Burkeen, Emergency Services Chief, described the price structuring for the non-
emergency ambulance services and advised that there is not a monopoly there are two additional
companies providing non -emergency ambulance transport, We Care of the Treasure Coast and
Coastal Health Systems of Brevard.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved a transfer of the Class "B" Certificate of Public
Convenience and Necessity to the new principal owners,
Falck Southeast II, Corp., of American Ambulance
Services Inc., to be effective for a period of two (2) years
from March 13, 2012 to March 13, 2014, as recommended
in the memorandum of March 5, 2012.
8.E. TRANSFER OF OWNERSHIP FOR A CLASS "B" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ALL COUNTY AMBULANCE INC
(Clerk's Note: Discussion on this item occurred under Item 8.D.)
March 13, 2012 5
BK 142 PG 181
8.G. TRANSFER OF OWNERSHIP FOR A CLASS "E" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ALL COUNTY AMBULANCE INC. DBA
MEDICAL TRANSPORTATION SPECIALIST (MTS)
(Clerk's Note: Discussion on this item occurred under Item 8.D.)
ON MOTION BY Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved a transfer of the Class "E" Certificate of Public
Convenience and Necessity to the new principal owners,
Falck Southeast II, Corp. of All County Ambulance Inc
d/b/a MTS, to be effective for a period of two (2) years
from March 13, 2012 to March 13, 2014, as recommended
in the memorandum of March 5, 2012.
8.H. FINAL PAY TO MELVIN BUSH CONSTRUCTION COMPANY FOR SR60
PHASE 3 CONFLICT RESOL UTIONIMPROVEMENTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the total amount for construction of $4,705.80; and (2)
Pay Request No. 1 Final with Melvin Bush Construction,
Inc., for $4,705.80, as presented and recommended in the
memorandum of March 5, 2012.
March 13, 2012 7
OK 142PG183
Wabasso Sewer Project. He stated that the LHAP1an previously had a ten (10) year forgiveness
allowance for CDB- related SHIP loans and the proposed modifications would allow those loans
to be forgiven in five (5) years, or if the owner dies, whichever comes first. He thereafter
supphed additional statistics on the SHIP funds.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2012-019, approving the County's revised
Local Housing Assistance Plan.
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 (FDOT)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2012-020, 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
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
March 13, 2012
9
BK 142 PG 185
development in the County. Vice Mayor Wright thereafter advised that he was addressing the
Board as a citizen not as a City Council Member, with his recommendation to support
transportation projects through an increase in gas taxes.
Brian Carman, representing the Indian River Neighborhood Association (IRNA)
advocated the extension of the temporary suspension of the three impact fees, as proposed by
staff.
Renee Renzi, Waverly Place, declared that impact fees were adopted during an economic
boom which has subsided. She agreed with Vice Mayor Don Wright that all of the fees should
be eliminated and supported an increase in the gas tax.
Commissioner Solari observed that a gas tax was a regressive tax that would affect
disadvantaged citizens more than others.
There being no additional speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Davis, to
eliminate all impact fees. There was no second and the
Motion DIED.
Commissioner Solari suggested that the County find out if the municipalities would like
to abolish all of the impact fees before contemplating their elimination.
Discussion ensued regarding whether the municipalities could opt out of impact fee
assessments.
Director Keating advised that there has to be a valid public purpose for a local
government to be released from the Impact Fee Interlocal Agreement, and it is a legal issue
March 13, 2012 11
BK 142 PG 187
10.A.2. FINAL CONSIDERATION AND ADOPTION OF SIX YEAR REFUND
ORDINANCE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Attorney Polackwich recapped his memorandum of March 6, 2012 to present background
and analysis regarding a proposed final ordinance relating to refunds of impact fees that are not
spent or encumbered within six years. He explained that although impact fee Ordinances 86-014
and 2005-015 had included the refund provision, there was no requirement for the County to
provide notice to the fee payer (1986-2005) or current property owner (2005 to present). He
outlined several key components of the final Ordinance: (1) for funds collected by the
municipalities the County will treat the date "in" as the date the fee was paid; (2) the interest
that accumulates will be treated as a single deposit into the same impact fee fund on the first day
of the next fiscal year; (3) property owners will be given 180 days from the date of the first
notice to apply for a refund and 60 days thereafter to correct any problems in the application;
and (4) an option has been included (with associated criteria) to extend the baseline refund
period from six to nine years for one or more specific impact fees.
The Chairman opened the Public Hearing.
(Clerk's Note: Commissioner Davis exited the meeting at 10:56 a.m. and returned at
10:58am)
Charlie Wilson outlined aspects of the proposed ordinance that he objected to, and
questioned why it was necessary to have an ordinance to effect the notification process when
staff could simply be directed to provide the notice. He was also opposed to the reduction of the
application period from one year to six months, and the optional extension of the refund period
from the baseline six years to nine years.
BK 142PG..1.89
March 13, 2012 13
Commissioner Solari provided several quotes from F.A. Hayek's The Road to Serfdom,
on the Rule of Law (see below) to support his position that the impact fee extensions would be
an example of an ex post facto law, which is unconstitutional.
Nothing distinguishes more clearly conditions in a free country from those in a country under
arbitrary government than the observance in the former of the great principles known as the
Rule of Law. Stripped of all technicalities, this means that government in all its actions is bound
by rules fixed and announced beforehand - rules which make it possible to foresee with fair
certainty how the authority will use its coercive powers in given circumstances and to plan
one's individual affairs on the basis of this knowledge.
(F. A. Hayek, The Road to Serfdom, p.80)
The Rule of Law thus implies limits to the scope of legislation• it restricts it to the kind of
general rules known as formal law and excludes legislation either directly aimed at particular
people or at enabling anybody to use the coercive power of the state for the purpose of such
discrimination It means, not that everything is regulated by law, but, on the contrary, that the
coercive power of the state can be used only in cases defined by law in advance and in such a
way that it can be foreseen how it can be used.
(F. A. Hayek, The Road to Serfdom, p.92)
By giving the government unlimited powers, the most arbitrary rule can be made legal: and in
this way a democracy may set up the most complete despotism imaginable.
(F. A. Hayek, The Road to Serfdom, p.91)
Vice Chairman O'Bryan was concerned that if the County was forced to accelerate
infrastructure improvements because of growth, without the impact fee funds, taxes would have
to be raised.
Commissioner Solari maintained that prior to the institution of the impact fees, the
County was able to provide needed services.
Commissioner Flescher spoke in favor of the three-year extension option as a means for
the County to deliver the infrastructure that is needed.
March 13, 2012 15
BK 142PG191
Attorney Polackwich recommended having the extensions approved by Resolution
following a public hearing.
MOTION WAS AMENDED by Commissioner Flescher,
SECONDED by Chairman Wheeler, to authorize the
Board to extend the six-year impact fee refund period for
any impact fee category or categories for an additional
three (3) years, by Resolution following a public hearing
and applying only to those impact fees for which the six-
year period has not yet expired.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Vice Chairman O'Bryan opposed), the Motion
carried. The Board adopted Ordinance 2012-004,
AMENDED to apply Section 3 Subsection (2)(h) to
impact fee payments commencing subsequent to adoption
of this Ordinance, and not retroactively; and to delete
Section 3 Subsections (2)(h)(ii); (2)(h)(in); and (2)(h)(iv);
and to extend the six-year impact fee refund period for any
impact fee category or categories for an additional three
(3) years, by Resolution following a public hearing and
applying only to those impact fees for which the six-year
period has not yet expired, amending Section 1000.15 of
the Code of Indian River County; establishing a procedure
for refunding certain impact fees which are not
encumbered or spent within specified time periods;
establishing authority to extend the time period within
which certain impact fees must be encumbered or spent;
March 13, 2012 17
BK 142PG193
Bob Johnson, Coral Wind Subdivision, asked how the new Building Code would impact
new County buildings and screens that homeowners have had repaired or built during the last
storms.
A brief discussion ensued among Commissioners, Mr. Guanch, and Director Keating, as
they addressed Mr. Johnson's questions.
Commissioner Davis wanted to know if the Board would be in compliance with State
requirements if the verbiage in the proposed Ordinance under Section 401.01, is amended where
it currently reads, "...the editions set forth in the Florida Statutes shall apply: Florida Building
Code, 2004 Edition, less and except Chapter 1, Administration; and Chapter 1, Model
Administrative Code 2004, Building Officials Association of Florida, to read instead "...the
editions set forth in the Florida Statutes shall apply: the latest edition of the Florida Building
Code, 2001 Edition, less and except Chapter 1, Administration; and the latest edition of Chapter
1, Model Administrative Code 2001, Building Officials Association of Florida.
Attorney Polackwich advised that the amendments suggested by Commissioner Davis
were the ones that have been put into the revised Ordinance before the Board.
A brief discussion ensued, in response to questions from Mr Johnson, regarding whether
the new code would cause insurance rates to escalate.
John Colontrelle, General Manager, and Mark Matakaetis, Vice President, Barker Air
Conditioning, reported that the new Building Code was adding to the costs of replacing an air
conditioner, and making it unaffordable for many individuals. They explained that many of the
extra costs were caused by the requirements for contractors to perform unnecessary Manual J
Load calculations, and for people to repair leaking ductwork before replacing their air
conditioners.
t1 r
March 13, 2012
19
BK 142 PG 195
Commissioner Solari added that the affordable housing groups in the community need to
become involved, because the extra costs are going to affect programs like the Neighborhood
Stabilization Program (NSP).
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Solari opposed), the Board adopted
Ordinance 2012-005, amending Indian River County
Code Chapter 401, Building Codes, to adopt the updated
2010 Florida Building Code; providing for codification;
providing for severability; and providing for an effective
date.
The Chairman called a recess at 12:45 p. m., and reconvened the meeting at 12:54 p. m.,
with all members present.
10.B. PUBLIC DISCUSSION ITEMS
10.8.1. REQUEST TO SPEAK FROM MIKE DEGEORGE, PRESIDENT, AND SHERRI
DAVIS, VICE PRESIDENT, TRILLIUM HOMEOWNERS' ASSOCIATION
REGARDING THE 66TH AVENUE ROAD PROJECT
(Clerk's Note 1: This item was heard following 8.K and is placed here for continuity.)
(Clerk's Note 2: At the conclusion this item, the Chairman called a recess at 9:59 a.m.,
and reconvened the meeting at 10:07 a.m., with all members present, at which time the meeting
resumed with Items 10.A.1; 10.A.2; & 10.A.3. Public Hearings - above.)
Mike DeGeorge, 3115 Ashford Square, President, Trillium Homeowners' Association,
presented the homeowners' request for the County to redesign the 66th Avenue Road Project
such that the planned 46' median in front of Trillium would be narrowed to 18'. He aired
concerns about safety, noise, and pollution, and advocated the County amend its plans to allow
BK 14 2 P6 19 7
March 13, 2012 21
A brief discussion ensued, with input from Ms. Davis, about the entrance into Trillium
and how effective the right turn lane would be as a traffic calming measure.
Commissioner Davis voiced that the 66th Avenue Road Widening Project could be
designed better and explained his concept for a redesign featuring two deceleration lanes, one of
which would be the right turn lane previously discussed. However, he emphasized that he would
not support a project redesign if it results in the loss of the FDOT grant.
Vice Chairman O'Bryan agreed with Commissioner Davis that if the project redesign
causes the loss of the grant, he would not support it. However, he suggested that the County
request that the State extend the funding.
Arjuna Weragoda, Project Engineer, provided input on how much of the median the
County could give up for the redesign.
Mr. DeGeorge, responding to Vice Chairman O'Bryan's query, advised that the
homeowners have not yet voted to give the County the right-of-way for a right turn lane.
Chairman Wheeler agreed with Commissioners Davis and O'Bryan that the redesign
would be fine provided the FDOT extends the grant funding.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct the
County Administrator to send a letter to the Florida
Department of Transportation requesting an extension of
the grant funds for the 66th Avenue Widening Project, for
the purpose of redesigning the median in front of the
Tnlhum Community.
March 13, 2012 23
81. 142 PG 199
RESIDENTIAL -2 (UP TO 6 UNITS/ACRE); AND TO REZONE SEVERAL
ASSOCIATED PROPERTIES (LEGISLATIVE)
B. GoUNTYINITIATED REQUEST: TO AMEND TEXT OF SEVERAL
ELEMENTS AND SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE
PLAN (LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr. read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12. F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
March 13, 2012 25
BK 142 PG 201
billings from the State agency to the counties. He also requested sending to Representatives
Deborah Mayfield and Tom Goodson, and Senators Mike Haridopolos and Joe Negron, a letter
requesting that they explain why they voted for HB 5301 (Senate Bill 1988 [SB 1988]).
Commissioner Solari read the proposed letter (on file) outlining the County's objections
about the legislation, which would have a significant adverse financial impact on the County.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Davis, the Board unanimously: (1)
authorized the Chairman to execute and mail the proposed
letter to Governor Rick Scott; and (2) directed the County
Attorney to draft a letter to Representative Deborah
Mayfield, Representative Tom Goodson, Senator Mike
Haridopolos, and Senator Joe Negron, asking them to
provide an explanation as to their support for House Bill
5301 (Senate Bill 1988), and authorized the Chairman to
execute and mail same.
Vice Chairman O'Bryan felt that HB 5301 amounted to an unfunded mandate, and
thought it would be a good idea to show taxpayers how the legislation is affecting their tax bills.
He suggested that during the upcoming budget hearings, a line item be included and categorized
as the "State Legislature Tax Increase", showing that the County was forced to increase millage
rates to cover the additional $568,627 in Medicaid costs.
CORRESPONDENCE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN- NONE
March 13, 2012 27
OK 142 PG 243
the title insurance companies to work with the County and homeowners to come up with a
permanent total solution. He added that the solution should encompass both the 20 -foot strip that
is subject to the tax deed, and the lot lines on 51St Avenue that are inconsistent with the actual
property boundaries of the homeowners.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to authorize the
County Attorney's office and Community Development
to: (1) contact the affected parties, explain the problem,
and obtain copies of the title insurance policies; and (2)
contact the title insurance companies and urge them to
work together with the County and homeowners to come
up with a permanent total solution to the boundary dispute
involving both the 20 -foot strip subject to the tax deed,
and the lot lines that are inconsistent with the actual
property boundaries of the homeowners.
Vice Chairman O'Bryan wondered if resurveying the disputed parcel would be the first
step to a conflict resolution.
Discussion ensued, with input from Attorney Polackwich and County Surveyor David
Schryver, about the feasibility of having a new survey undertaken.
Mike Porter, 6465 51St Avenue, explained why he questioned the Brackett survey.
Commissioner Davis wanted to know how the County could recoup the cost of a survey.
Attorney Polackwich responded that the County could seek payment from the property
owners, or get the title companies to fund the solution. He stated that the solution will take some
March 13, 2012 29
BK 142PG205
15. B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Meeting,
the Board would reconvene as the Board of Commissioners of the Solid Waste Disposal District.
Those Minutes are being prepared separately.
15.B.1. APPROVAL OF MINUTES MEETING OF JANUARY 10, 2012
15. B.2. APPROVAL OF MINUTES MEETING OF JANUARY 24, 2012
15.13.3. APPROVAL OF MINUTES MEETING OF FEBRUARY 7, 2012
15.B.4. WORK ORDER No. 3 TO MBV ENGINEERING, INC. FOR THE REPAVING
OF WINTER BEACH, GIFFORD, AND ROSELAND CUSTOMER CONVENIENCE
CENTERS
15.B.5. RECYCLABLES TRANSFER, PROCESSING, AND MARKETING - RFP No.
2012023
15.B.6. AMENDMENT NO.1 TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH
INEOS NEW PLANET BIOENERGY, LLC (INPB)
15.B.7. AMENDMENT NO.1 TO SWDD LANDFILL GAS INTERCONNECT
AGREEMENT WITH INEOS NEW PLANET BIOENERGY, LLC
March 13, 2012 31
B1{ 142 PG 207
ATTEST:
Jeffrey K Barton Gary C. Weeler, Chairman
Clerk of Circuit Court and Comptroller
Minutes Approved:
MAY 1 5 2012
BCC/MG/2012 Minutes
BK 142 PG 209
March 13, 2012 33