HomeMy WebLinkAbout03/06/2012BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MARCH 6, 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.
Stan Boling, Planning Director
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award Honoring Darcy R.
Vasilas on Her Retirement From Indian River County Board of County
Commissioners for Eleven Years Service
PAGE
1-2
B. Presentation of Proclamation and Retirement Award Honoring Lionel
Ogilvie on His Retirement From Indian River County Board of County
Commissioners, Department of Utility Services, for Twenty -One Years
Service
March 6, 2012
3-4
Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Honoring the 100th Anniversary of Girls Scouts
of the United States of America and Recognizing 2012 as "The Year of the
Girl" in Indian River County 5
6.
D. Presentation by Jeff Luther, Indian River County Sheriff's Office; Martin
Zickert, Veterans Council of Indian River County; and Gary James,
American Security Council Foundation on ASCF Veteran's Appreciation
Golf Festival, Saturday, March 10th, 2012
E. Presentation by Barbara Hoffman, Chairman c f Board of Directors of Indian
River County Cultural Council, on Economic Impact Study of the Cultural
Industry
APPROVAL OF MINUTES
A. Regular Meeting of January 10, 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. 2012 Election of Agriculture Advisory Committee Chairman and Vice
Chairman
(memorandum dated February 21, 2012)
6
B. 2012 Election of Environmental Control Hearing Board Chairman and Vice
Chairman
(memorandum dated February 21, 2012)
7
C. 2012 Election of Chairman and Vice Chairman Metropolitan Planning
Organization Technical Advisory Committee
(memorandum dated February 24, 2012)
8
D. 2012 Election of Transportation Disadvantaged Local Coordinating Board
Vice Chairman
(memorandum dated February 28, 2012)
9
8. CONSENT AGENDA
A. Approval of Warrants and Wires — February 10, 2012 to February 16, 2012
(memorandum dated February 16, 2012) 10-16
B. Approval of Warrants and Wires — February 17, 2012 to February 23, 2012
(memorandum dated February 23, 2012) 17-24
C. 2012/2013 Budget Workshop / Hearing Schedule
(memorandum dated February 27, 2012) 25
March 6, 2012
Page 2 of 7
8. CONSENT AGENDA PAGE
D. Miscellaneous Budget Amendment 007
(memorandum dated February 29, 2012) 26-34
E. Final Pay to Odyssey Manufacturing Company for Bid # 2011034 South
Reverse Osmosis (RO) Plant Chemical System Upgrade
(memorandum dated February 27, 2012)
35-36
F. Change Order No. 1, 53rd Street Roadway Improvements (Lateral H Canal to
Indian River Boulevard) IRC Project No. 0107 — Bid No. 2011011
(memorandum dated February 6, 2012)
37-42
G. Approval of Renewal for a Class "B" Certificate of Public Convenience and
Necessity for Coastal Health Services of Brevard Inc. to Provide Interfacility
Ambulance Transportation Services
(memorandum dated February 16, 2012)
43-57
H. F.D.O.T. Small County Outreach Program (SCOP) Agreement and
Resolution Authorizing the Chairman's Signature, Resurfacing of 27th
Avenue from CR606/Oslo Road to SR-60/20th Street and Intersection
Improvements at 27th Avenue and SW 5th Streit, IRC Project No. 0391
(memorandum dated February 3, 2012)
58-75
I. Acceptance of the State Homeland Security Grant Program — Emergency
Management Subgrant Agreement 12 -DS -20 -10 -40 -01 -XXX
(memorandum dated February 21, 2012)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Forfeiture Trust Fund
(letter dated February 17, 2012)
76-78
79-80
B. Leslie Rossway Swan, Indian River County Supervisor of Elections
Consolidation of Polling Locations and Precinct Boundary Lines
(letter dated February 28, 2012)
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Shady Acres Subdivision Petition Water Service, 24th Avenue North
of 10th Street
(memorandum dated February 21, 2012)
March 6, 2012
81-82
83-93
Legislative
Page 3 of 7
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
2. 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 February 22, 2012)
94-131
Legislative
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing March 20, 2012:
Roy & Donna Woodall's Request for Abandonment of a Portion of
133rd Place Lying Between Lots 7 — 12, Block 51 of the Plat of the
Town of Wauregan and the Florida East Coast Railroad
(memorandum dated February 27, 2012)
132
Legislative
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
C.
D.
E.
March 6, 2012
Community Development
None
Emergency Services
None
General Services
None
Human Resources
None
Human Services
None
Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
F.
G.
H.
I.
J.
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
1. South County Regional Park Intergenerational Recreation Facility
Selection of Firm to Provide Professional Architectural and
Engineering Services, RFQ No. 2012024 — IRC Project No. 1135
(memorandum dated February 26,. 2012)
133-139
Utilities Services
1. Water Tank Maintenance Program Additional Cost Gifford
(memorandum dated February 27, 2012)
140-142
2. Authorization to Award Engineering Study to Dunkelberger
Engineering and Testing for Determining Source of Water Seepage
along 8th Street Canal in Vicinity of West Regional WWTF — UCP
4085
(memorandum dated February 29, 2012)
143-149
3. The Agreement for Delivery of Reclaimed Water between Indian
River County and INEOS New Planet Bioenergy LLC
(memorandum dated February 6, 2012)
150-162
4. Rescind Utility Purchase Offer to the City of Vero Beach and
Utility Service Offer to Indian River Shores
(memorandum dated February 27, 2012)
163-165
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A.
March 6, 2012
Commissioner Gary C, Wheeler, Chairman
None
Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
B.
C.
D.
E.
Commissioner Peter D. O'Bryan, Vice Chairman
None
Commissioner Wesley S. Davis
None
Commissioner Joseph E. Flescher
None
Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A.
B.
C.
Emergency Services District
None
Solid Waste Disposal District
None
Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
March 6, 2012 Page 6 of 7
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 6, 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 6, 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
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.
Stan Boling, Planning Director
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award Honoring Darcy R.
Vasilas on Her Retirement From Indian River County Board of County
Commissioners for Eleven Years Service
PAGE
1-2
B. Presentation of Proclamation and Retirement Award Honoring Lionel
Ogilvie on His Retirement From Indian River County Board of County
Commissioners, Department of Utility Services, for Twenty -One Years
Service
March 6, 2012
Bit 41-2 PG---f-2i
Page 1 of 7
8. CONSENT AGENDA PAGE
D. Miscellaneous Budget Amendment 007
(memorandum dated February 29, 2012)
26-34
E. Final Pay to Odyssey Manufacturing Company for Bid # 2011034 South
Reverse Osmosis (RO) Plant Chemical System Upgrade
(memorandum dated February 27, 2012)
35-36
F. Change Order No. 1, 53rd Street Roadway Improvements (Lateral H Canal to
Indian River Boulevard) IRC Project No. 0107 — Bid No. 2011011
(memorandum dated February 6, 2012)
37-42
G. Approval of Renewal for a Class "B" Certificate of Public Convenience and
Necessity for Coastal Health Services of Brevard Inc. to Provide Interfacility
Ambulance Transportation Services
(memorandum dated February 16, 2012)
43-57
H. F.D.O.T. Small County Outreach Program (SCOP) Agreement and
Resolution Authorizing the Chairman's Signature, Resurfacing of 27th
Avenue from CR606/Oslo Road to SR-60/20th Street and Intersection
Improvements at 27 h Avenue and SW 5th Street, IRC Project No. 0391
(memorandum dated February 3, 2012)
58-75
I. Acceptance of the State Homeland Security Grant Program — Emergency
Management Subgrant Agreement 12 -DS -20 -10 -40 -01 -XXX
(memorandum dated February 21, 2012)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
A. Deryl Loar, Indian River County Sheriff
Forfeiture Trust Fund
(letter dated February 17, 2012)
76-78
79-80
B. Leslie Rossway Swan, Indian River County Supervisor of Elections
Consolidation of Polling Locations and Precinct Boundary Lines
(letter dated February 28, 2012)
10. PUBLIC ITEMS
81-82
A. PUBLIC HEARINGS
1. Shady Acres Subdivision Petition Water Service, 24th Avenue North
of 10th Street
(memorandum dated February 21, 2012)
Legislative
March 6, 2012
83-93
BK 142 PG 131
Page 3 of 7
12. DEPARTMENTAL MATTERS PAGE
F.
G.
H.
I.
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
1. South County Regional Park Intergenerational Recreation Facility
Selection of Firm to Provide Professional Architectural and
Engineering Services RFQ No. 2012024 — IRC Project No. 1135
(memorandum dated February 26, 2012)
133-139
J. Utilities Services
1. Water Tank Maintenance Program Additional Cost Gifford
(memorandum dated February 27, 2012) 140-142
2. Authorization to Award Engineering Study to Dunkelberger
Engineering and Testing for Determining Source of Water Seepage
along 8th Street Canal in Vicinity of West Regional WWTF — UCP
4085
(memorandum dated February 29, 2012)
143-149
3. The Agreement for Delivery of Reclaimed Water between Indian
River County and INEOS New Planet Bioenergy LLC
(memorandum dated February 6, 2012)
150-162
4. Rescind Utility Purchase Offer to the City of Vero Beach and
Utility Service Offer to Indian River Shores
(memorandum dated February 27, 2012)
163-165
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS ITEMS
A.
March 6, 2012
Commissioner Gary C, Wheeler, Chairman
None
BK 142 PG 133
Page 5 of 7
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 6, 2012
BIC 142'G135
Page7of 7
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MARCH 6, 2012
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION: ITEM 14.C.1. SIGNAGE FOR INDIAN RIVER COUNTY
AGRICULTURAL PAVILION 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
DARCY R. VASILAS ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS FOR ELEVEN YEARS SERVICE 2
5.B. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
LIONEL OGILVIE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS, DEPARTMENT OF UTILITY SERVICES, FOR TWENTY-
ONE YEARS SERVICE 2
5.C. PRESENTATION OF PROCLAMATION HONORING THE 100TH ANNIVERSARY OF
GIRL SCOUTS OF THE UNITED STATES OF AMERICA AND RECOGNIZING 2012 AS
"THE YEAR OF THE GIRL" IN INDIAN RIVER COUNTY 3
March 6, 2012 1
$K 142PG136
8.F. CHANGE ORDER NO. 1, 53RD STREET ROADWAY IMPROVEMENTS (LATERAL H
CANAL TO INDIAN RIVER BOULEVARD) IRC PROJECT NO. 0107 - BID No.
2011011 7
8.G. APPROVAL OF RENEWAL FOR A CLASS "B" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR COASTAL HEALTH SERVICES OF BREVARD
INC. TO PROVIDE INTERFACILITY AMBULANCE TRANSPORTATION SERVICES 8
8.H. F.D.O.T. SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND
RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE, RESURFACING OF
27TH AVENUE FROM CR606/OSLO ROAD TO SR-60/20TH STREET AND
INTERSECTION IMPROVEMENTS AT 27TH AVENUE AND SW 5TH STREET, IRC
PROJECT NO. 0391 8
8.I. ACCEPTANCE OF THE STATE HOMELAND SECURITY GRANT PROGRAM -
EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 12 -DS -20 -10 -40 -01 -XXX 9
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FOREFEITURE TRUST FUND 9
9.B. LESLIE ROSSWAY SWAN, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS -
CONSOLIDATION OF POLLING LOCATIONS AND PRECINCT BOUNDARY LINES 10
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARINGS) 11
10.A.1. SHADY ACRES SUBDIVISION PETITION WATER SERVICE, 24TH AVENUE NORTH
OF 10TH STREET (LEGISLATIVE) 11
10.A.2. 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 (LEGISLATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS - NONE 17
10.C. PUBLIC NOTICE ITEMS 17
10.C.1 NOTICE OF SCHEDULED PUBLIC HEARING FOR MARCH 20, 2012: ROY &
DONNA WOODALL'S REQUEST FOR ABANDONMENT OF A PORTION OF 133RD
PLACE LYING BETWEEN LOTS 7 - 12, BLOCK 51 OF THE PLAT OF THE TOWN OF
WAUREGAN AND THE FLORIDA EAST COAST RAILROAD (LEGISLATIVE) 17
March 6, 2012 3
8K 142PG138
ADDITION: ITEM 14.C.1. SIGNAGE FOR INDIAN RIVER COUNTY
AGRICULTURAL PAVILION 23
14.D. COMMISSIONER JOSEPH E FLESCHER - NONE 23
14.E. COMMISSIONER BOB SOLARI - NONE 23
15. SPECIAL DISTRICTS AND BOARDS 23
15.A. EMERGENCY SERVICES DISTRICT - NONE 23
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 23
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 24
16. ADJOURNMENT 24
March 6, 2012 5
BM 142 PG 140
JEFFREY K. BARTON
Clerk to the Board
March 6, 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 27th Street, Vero Beach, Florida, on
Tuesday, March 6, 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 Leona Adair Allen.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Planning Director Stan Boling delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
March 6, 2012 1
BK142PG141
S.C. PRESENTATION OF PROCLAMATION HONORING THE 100TH ANNIVERSARY
OF GIRL SCOUTS OF THE UNITED STATES OF AMERICA AND RECOGNIZING
2012 AS "THE YEAR OF THE GIRL" IN INDLIN RIVER COUNTY
Commissioner Davis read and presented the Proclamation to Nicole Rogers, who
accepted it on behalf of the Girl Scouts.
S.D. PRESENTATION BY JEFF LUTHER, INDIAN RIVER COUNTY SHERIFF'S
OFFICE; MARTIN ZICKERT, VETERANS COUNCIL OF INDIAN RIVER
COUNTY; AND GARY JAMES, AMERICAN SECURITY COUNCIL FOUNDATION
ONASCF VETERAN'S APPRECLuTION GOLF FESTIVAL, SATURDAY,
MARCH 10TH, 2012
Jeff Luther and Martin Zickert announced that the Veteran's Appreciation Golf
Festival/Tournament was scheduled for Saturday, March 10, 2012, with registration starting at
7:00 a.m., and kick-off at 8:30 a.m., at Grand Harbor. The fundraiser will help the Veteran's
Council purchase vans for transporting veterans.
S.E. PRESENTATION By BARBARA HOFFMAN, CHAIRMAN OF BOARD OF
DIRECTORS OFINDLANRIVER COUNTY CULTURAL COUNCIL, ON
ECONOMIC IMPACT STUDY OF THE CULTURAL INDUSTRY
Barbara Hoffman, Chairman of the Board of Directors of Indian River County Cultural
Council, gave a presentation (on file) regarding the Cultural Council's "Economic Impact Study
of Indian River County." The study explores the County's creative industry and quantifies the
impact of the full range of arts and culture activity.
March 6, 2012 3
BK 142 PG 143
7.C. 2012 ELECTION OF CHAIRMAN AND VICE CHAIRMAN METROPOLITAN
PLANNING ORGANIZATION TECHNICAL ADVISORY COMMITTEE
Noted for the record was the re-election of Jason Nunemaker as Chairman and Chris
Mora as Vice Chairman of the Metropolitan Planning Organization (MPO) Technical Advisory
Committee (TAC) for the year 2012.
7.D. 2012 ELECTION OF TRANSPORTATION DISADVANTAGED LOCAL
COORDINATING BOARD VICE CHAIRMAN
Noted for the record was the re-election of William Lundy Parden as Vice Chairman of
the Transportation Disadvantaged Local Coordinating Board (TDLCB) for the year 2012.
8. CONSENT AGENDA
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES - FEBRUARY 10, 2012 TO
FEBRUARY16, 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 10, 2012 to
February 16, 2012, as requested in the memorandum of
February 16, 2012.
March 6, 2012 5
BK 142 PG 145
8.D. MISCELLANEOUS BUDGET AMENDMENT 007
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2012-015, amending the fiscal year 2011-2012
budget.
8.E. FINAL PAY TO ODYSSEY MANUFACTURING COMPANY FOR BID # 2011034
SOUTH REVERSE OSMOSIS (RO) PLANT CHEMICAL SYSTEM UPGRADE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized payment to Odyssey Manufacturing Company
for the final invoice in the amount of $132,040, for water
improvements, as recommended in the memorandum of
February 27, 2012.
8.F. CHANGE ORDER No. 1, 53R» STREET ROADWAY IMPROVEMENTS
(LATERAL H CANAL TO INDIAN RIVER BOULEVARD) IRC PROJECT NO.
0107 BID No. 2011011
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
Change Order No. 1 to Dickerson Florida, Inc., increasing
the contract amount by $100,853.07, and adding the
additional 150 days to the contract time. Then new total
contract amount will be $5,183,811.62, as recommended
in the memorandum of February 6, 2012.
March 6, 2012 7
BK 142 PG !47
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. ACCEPTANCE OF THE STATE HOMELAND SECURITY GRANT PROGRAM
EMERGENCY MANAGEMENT SUBGRANT AGREEMENT 12 -DS -20 -10 -40-
01 -XXX
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Federally Funded State Homeland Security Grant
Program (SHSGP) Subgrant Agreement (12 -DS -20 -10 -40-
01 -XXX), and authorized the Chairman to execute same,
as recommended in the memorandum of February 21,
2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF- FOREFEITURE TRUST
FUND
Sheriff Deryl Loar announced that it was time to address the Florida Contraband
Forfeiture Act, which requires that not less than 15% of fiscal year forfeiture proceeds be
expended or donated to support the operation of drug treatment, drug abuse education, drug
prevention crime prevention, safe neighborhood, or school resource officer programs. He
requested the Board approve the proceeds to be expended to the local nonprofits as listed on
pages 79 and 80 of the Agenda Packet.
March 6, 2012 9
BK 142 PG ! 4 9
Gary Gordon, Supervisor of Elections Manager, displayed a map (on file) of the current
54 precincts in Indian River County, and explained how they would be decreased to 36 precincts.
Ms. Swan requested the Board's authorization to move forward.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Supervisor of Elections to move forward
with the plan to decrease the number of precincts from 54
to 36, as recommended in the letter dated February 28,
2012.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. SHADY ACRES SUBDIVISION PETITION WATER SERVICE, 24THAVENUE
NORTH OF 10TH STREET (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Jesse Roland, Department of Utility Services Plans Reviewer, requested the Board
approve the proposed Resolutions. One affirms the preliminary assessment roll on the
properties, and the other accepts the dedication of utility easements in Shady Acres Subdivision.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
March 6, 2012 11
B1{ 1142 PG 151
Code to adopt the 2010 Florida Building Code, the 2010 Building Officials Association of
Florida (BOAF) Model Administrative Code, and the revised Wind Speed Map. He requested
the Board adopt the proposed ordinance, amending Chapter 401 of the Indian River County
Code.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, sought and received rationale as to why the
existing wind speed zones would go from 3 to 2, and what impact the wind speed map changes
would have on insurance rates.
Community Development Director Bob Keating detailed the increased wind speed
requirements, and believed that houses being built under the new code will withstand higher
wind speeds, which could lower insurance rates.
There being no other speakers, the Chairman closed the Pubhc Hearing.
The Board discussed several aspects of the Building Code changes and how they would
affect the citizens of Indian River County.
County Attorney Alan S. Polackwich stated that staff's requested changes were only
housekeeping measures, and that all of today's arguments had been foreclosed by State law. He
reported that the State of Florida Building Commission adopted the code on a State wide basis,
and the Board's only role in this process is to create more stringent requirements (not less) than
what exists in the State adopted code. He further clarified that State Statute contemplates that
the Florida Building Commission adopts the code, and local government enforces it.
Attorney Polackwich redirected the Board's discussion, explaining that the Florida
Building Commission has adopted the Code revisions, and it was this Board's responsibility to
enforce them.
March 6, 2012 13
BK 142 PG 153
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
the revised wind speed map, and authorized staff to move
the contour line to I-95.
Vice Chairman O'Bryan wanted to vote down the proposed amendments and send them
back to Tallahassee to get their attention.
MOTION was made by Commissioner Flescher, to reject
staff's recommendation. Motion DIED for lack of a
SECOND.
MOTION was made by Commissioner Solari, to not adopt
the 2010 Florida Building Code, and direct staff to send
letters to State Representatives and other appropriate
offices, stating why it was not adopted. Motion DIED for
lack of a SECOND.
Commissioner Davis wanted the adoption postponed indefinitely.
Attorney Polackwich reiterated why the Board needed to approve the 2010 code since it
is State law and mandated.
Chairman Wheeler pointed out that whether the Board approves the code or not, it is still
mandated, and approving it today would be the same as "rubber stamping" it.
March 6, 2012 15
BK 142 PG 155
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS
10. C.1 NOTICE OF SCHEDULED PUBLIC HEARING FOR MARCH 20, 2012: ROY &
DONNA WOODALL'S REQUEST FOR ABANDONMENT OF A PORTION OF
13311D PLACE LYING BETWEEN LOTS 7 12, BLOCK 51 OF THE PLAT OF
THE TOWN OF WAUREGAN AND THE FLORIDA EAST COAST RAILROAD
(LEGISLATIVE)
Attorney Polackwich read the notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.A HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
March 6, 2012 17
BK 142 PG 157
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to begin contract
negotiations with Borrelli and Partners, Inc., and in the
event negotiations with said company are unsuccessful,
staff would negotiate with the second ranked firm
(Thomas Architecture and Design, Inc.), as recommended
in the memorandum of February 26, 2012.
Bob Johnson, Coral Wind Subdivision, wanted a definition for the terms "inter-
generational" and "multipurpose" buildings; asked staff to use one term instead of both; and to
have the engineers review the proposed location for endangered birds that once inhabited this
location.
Administrator Baird explained that an "inter -generational" facility means that it will be
used by elderly, middle-aged, and young people; and the previous term, "multipurpose" carries
an association of youth -oriented sports.
The Chairman CALLED THE QUESTION and the
motion carried unanimously.
12.J. UTILITIES SERVICES
12.J.1. WATER TANK MAINTENANCE PROGRAM ADDITIONAL COST GIFFORD
Vice Chairman O'Bryan asked if staff would be pursuing the cellular companies for the
$22,200 since they did not move their equipment within the requested time frame.
Attorney Polackwich acknowledged that staff is currently reviewing the situation, and
disclosed that the leases with the cellular companies basically say that their equipment will not
interfere with the maintenance of the water storage tanks. He revealed that if the facts turn out to
March 6, 2012 19
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reclaimed water, as recommended in the memorandum of
February 6, 2012.
Vice Chairman O'Bryan wanted to know if this was the standard contract for reuse water.
Director of Utility Services Erik Olson conveyed that the agreement is basically identical
to past agreements, but it was updated to define the quantity of water required and the ownership
of meters.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.4. RESCIND UTILITY PURCHASE OFFER TO THE CITY OF VERO BEACH AND
UTILITY SERVICE OFFER TO INDIAN RIVER SHORES
MOTION was made by Commissioner Solari,
SECONDED by Vice Chairman O'Bryan, to authorize the
County to: (1) formally withdraw its offer to purchase/
acquire the City of Vero Beach utility system (2)
withdraw its offer to serve the Town of Indian River
Shores utilities through a Franchise Agreement; and (3)
formally withdraw its offer to construct reuse lines down
A1A south of CR 510 to Winter Beach Road as
recommended in the memorandum of February 27, 2012.
Commissioner Solari recognized staff for ajob well done with the process to rescind the
utility purchase offer to the City of Vero Beach (City) and utility service offer to the Town of
March 6, 2012 21
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14. C. COMMISSIONER WESLEY S. DAVIS
ADDITION: ITEM 14.C. 1. SIGNAGE FOR INDIAN RIVER COUNTY AGRICULTURAL
PAVILION
(Clerk's Note: This item was heard following Item 10. C.1, and is placed here for
continuity.)
Commissioner Davis conveyed that Calvin Reams, Agency Manager of the Indian River
County Farm Bureau, had requested permission to replace the damaged sign atop the
Agricultural Pavilion at the Indian River County Fairgrounds with a new one (photo on page
168 of the Agenda Packet); and he wanted it installed before the Indian River County
Firefighter's Fair, which begins on March 9, 2012.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman O'Bryan, the Board unanimously
approved the replacement of the sign atop the Agricultural
Pavilion in the Indian River County Fairgrounds, by the
Indian River County Farm Bureau, as requested in the
memorandum of March 5, 2012.
14.13. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
March 6, 2012 23
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