HomeMy WebLinkAbout04/10/2012 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 10, 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.
2.
3.
4.
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
9:00 A.M.
Reverend Dr. Charles Lever, First United
Methodist Church
Commissioner Peter D. O'Bryan, Vice
Chairman
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Dr. Mathew S. Zoffer for
Outstanding Service on the Indian River County Environmental Control
Hearing Board
B. Presentation of Proclamation Designating the Month of April, 2012, as Child
Abuse Prevention Month
April 10, 2012
PAGE
1
2
111( 142 PG 295
Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS
C. Presentation of Proclamation Fourth Annual Indian River County Day of
Service
PAGE
D. Presentation of Proclamation Recognizing April 8 — 14, 2012 as National
Telecommunicators Week
4
6. APPROVAL OF MINUTES
A. Regular Meeting of February 14, 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires — March 23, 2012 to March 29, 2012
(memorandum dated March 29, 2012)
5-13
B. Request for Authorization to Advertise for a Public Hearing to Consider an
Ordinance Establishing an Alternative Method of Selling Real Property
Through the Neighborhood Stabilization Program (NSP)
(memorandum dated April 2, 2012)
C. Approval of an Amendment to the Sexton Ranch West Conservation
Easement to Relocate and Reconfigure Residential Parcel Number 1
(memorandum dated April 2, 2012)
11 Change Order No. 1 — Release of Retainage Indian River Boulevard
Sidewalk Improvements from 12th Street to 17th Street Bid No. 2011012
IRC Project No. 0745
(memorandum dated March 28, 2012)
14-19
20-54
55-70
E. Declaration of Sole Source for Purchase of Clay Target Throwers for the
Indian River County Public Shooting Range Expansion Project
(memorandum dated April 2, 2012)
71-79
F. Lease Extension Little Mermaid Car Wash, 1935 43rd Avenue, Timothy E.
and Joshana Tynes, 431-d Avenue/SR60 Intersection Widening and
Improvements
(memorandum dated March 19, 2012)
80-86
"BX X4.2 PG 296
April 10, 2012 Page 2 of 7
•
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
A. Indian River County Sheriff Deryl Loar
Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG)
Formula Program. Local Solicitation
(letter dated April 2, 2012) 87-89
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Enclave at Vero Beach, LLC's Request for Re -Approval of the
B loomfield at Vero Beach Planned Development (PD) Conceptual
P lan
(memorandum dated March 26, 2012)
Legislative
90-104
2. DiVosta Homes, L P 's Notice of Proposed Change (NOPC)
Request to Modify the Waterway Village DRI Development Order
Emergency Shelter Space Condition
(memorandum dated March 27, 2012)
Quasi -Judicial
105-141
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 Joel Molinari Regarding Building Permit
Fees and Contractor Licensing/Unlicensed Contracting 142
April 10, 2012
2. Request to Speak from Joe Wig ?Ins Regarding Sidewalk on 11th
Street, S.W., and Stop Sign on 1 lu Street S.W. 143
13K 142PG297
Page 3 of 7
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings for May 15, 2012:
(memorandum dated March 29, 2012)
144-145
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. Community Development
None
B.
Emergency Services
None
C. General Services
None
OK 14 2 PG 2 38
April 10, 2012 Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
D.
Human Resources
None
E Human Services
None
F Leisure Services
None
G. Office of Management and Budget
1. Approval of Resolution to Redeem Land Acquisition G.O Bonds,
Series 2001 Budget Amendment 010
(memorandum dated April 2, 2012)
H.
146 153
2. Humane Society — Animal Shelter Services Funding within
Municipalities
(memorandum dated April 3, 2012)
Recreation
None
I. Public Works
None
J.
Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Initial Consideration of Proposed Ordinance Amending Chapter 204 of the
IRC Code (Solid Waste Disposal)
(memorandum dated April 3, 2012)
154-155
156-175
B. Proposed Smart Meter Resolution
(memorandum dated April 3, 2012) 176-178
April 10, 2012
IK 142 PG 299
Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
A.
B.
Commissioner Gary C, Wheeler, Chairman
None
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
B. Solid Waste Disposal District
1. Recommendation to Award Phase 2 Cell 1 Segment 3 Landfill
Expansion Project to Comanco Environmental Corporation (Bid
No. 2012025)
(memorandum dated March 28, 2012)
C.
2. Work Order No. 4 to Geosyntec to Provide Construction Services
for Phase 2 Cell 1 Segment 3 Landfill Expansion Project
(memorandum dated March 28, 2012)
179-196
197-218
Environmental Control Board
None
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
BK 142 PG
April 10, 2012 Page 6 of 7
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, 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.
April 10, 2012
BK142PG301
Page7of 7
JEFFREY K. BARTON
Clerk to the Board
•
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 10, 2012
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
DELETION: ITEM 8 F. LEASE EXTENSION, LITTLE MERMAID CAR WASH, 1935
43RD AVENUE, TIMOTHY E. AND JOSHANA TYNES, 43RD AvENUE/SR60
INTERSECTION WIDENING AND IMPROVEMENTS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING DR. MATHEW S ZOFFER FOR
OUTSTANDING SERVICE ON THE INDIAN RIVER COUNTY ENVIRONMENTAL
CONTROL HEARING BOARD 2
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2012,
AS CHILD ABUSE PREVENTION MONTH 2
5.C. PRESENTATION OF PROCLAMATION FOURTH ANNUAL INDIAN RIVER COUNTY
DAY OF SERVICE 3
5.D. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 8 — 14, 2012 AS
NATIONAL TELECOMMUNICATORS WEEK 3
April 10, 2012 1
PA 142PG302
6. APPROVAL OF MINUTES 4
6.A. MEETING OFFEBRUARY 14, 2012 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - MARCH 23, 2012 TO MARCH 29, 2012 5
8.B. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING TO
CONSIDER AN ORDINANCE ESTABLISHING AN ALTERNATIVE METHOD OF
SELLING REAL PROPERTY THROUGH THE NEIGHBORHOOD STABILIZATION
PROGRAM (NSP) 5
8.C. APPROVAL OF AN AMENDMENT TO THE SEXTON RANCH WEST CONSERVATION
EASEMENT TO RELOCATE AND RECONFIGURE RESIDENTIAL PARCEL NUMBER 1 6
8.D. CHANGE ORDER NO. 1 - RELEASE OF RETAINAGE INDIAN RIVER BOULEVARD
SIDEWALK IMPROVEMENTS FROM 12TH STREET TO 17TH STREET BID No.
2011012 - IRC PROJECT NO. 0745
8 E DECLARATION OF SOLE SOURCE FOR PURCHASE OF CLAY TARGET THROWERS
FOR THE INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE EXPANSION
PROJECT 7
8.F. LEASE EXTENSION, LITTLE MERMAID CAR WASH, 1935 43RD AVENUE,
TIMOTHY E AND JOSHANA TYNES, 43RD AVENUE/SR60 INTERSECTION
WIDENING AND IMPROVEMENTS - DELETED 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 7
9.A.1. INDIAN RIVER COUNTY SHERIFF DERYL LOAR - FISCAL YEAR 2012 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA PROGRAM:
LOCAL SOLICITATION 7
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARING(S) 8
April 10, 2012 2
*4110
BK 142PG303
10.A.1. ENCLAVE AT VERO BEACH, LLC'S REQUEST FOR RE -APPROVAL OF THE
BLOOMFIELD AT VERO BEACH PLANNED DEVELOPMENT (PD) CONCEPTUAL
PLAN (LEGISLATIVE) 8
10.A.2. DIVOSTA HOMES, L P 'S NOTICE OF PROPOSED CHANGE (NOPC) REQUEST TO
MODIFY THE WATERWAY VILLAGE DRI DEVELOPMENT ORDER EMERGENCY
SHELTER SPACE CONDITION (QUASI-JUDICIAL) 10
10.B. PUBLIC DISCUSSION ITEMS 12
10.B.1. REQUEST TO SPEAK FROM JOEL MOLINARI REGARDING BUILDING PERMIT FEES
AND CONTRACTOR LICENSING/UNLICENSED CONTRACTING 12
10.B.2. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING SIDEWALK ON 1 1TH
STREET, S.W., AND STOP SIGN ON 11TH STREET S.W. 13
10.C. PUBLIC NOTICE ITEMS 13
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR MAY 15, 2012: 13
10.C.1.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) 13
10.C.1.B. COUNTY INITIATED REQUEST: TO AMEND TEXT OF SEVERAL ELEMENTS AND
SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 14
11. COUNTY ADMINISTRATOR MATTERS - NONE 14
12. DEPARTMENTAL MATTERS 14
12.A. COMMUNITY DEVELOPMENT - NONE 14
April 10, 2012 3
BB 142 PG 304
12.B. EMERGENCY SERVICES - NONE 14
12.C. GENERAL SERVICES - NONE 14
12.D. HUMAN RESOURCES - NONE 15
12 E HUMAN SERVICES - NONE 15
12.F. LEISURE SERVICES - NONE 15
12.G. OFFICE OF MANAGEMENT AND BUDGET 15
12.G.1. APPROVAL OF RESOLUTION TO REDEEM LAND ACQUISITION G.O. BONDS,
SERIES 2001 BUDGET AMENDMENT 010 15
12.G.2. HUMANE SOCIETY - ANIMAL SHELTER SERVICES FUNDING WITHIN
MUNICIPALITIES 16
12.H. RECREATION - NONE 17
12.I. PUBLIC WORKS - NONE 17
12.J. UTILITIES SERVICES - NONE 18
13. COUNTY ATTORNEY MATTERS 18
13.A. INITIAL CONSIDERATION OF PROPOSED ORDINANCE AMENDING CHAPTER 204
OF THE IRC CODE (SOLID WASTE DISPOSAL) 18
13.B. PROPOSED SMART METER RESOLUTION 19
14. COMMISSIONER ITEMS 19
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 19
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN - NONE 19
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 19
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 19
14 E COMMISSIONER BOB SOLARI - NONE 19
15. SPECIAL DISTRICTS AND BOARDS 20
15.A. EMERGENCY SERVICES DISTRICT - NONE 20
15.B. SOLID WASTE DISPOSAL DISTRICT 20
15.B.1. RECOMMENDATION TO AWARD PHASE 2 CELL 1 SEGMENT 3 LANDFILL
EXPANSION PROJECT TO COMANCO ENVIRONMENTAL CORPORATION (BID No.
2012025) 20
April 10, 2012 4
B1( 142 PG 305
15.B.2. WORK ORDER NO. 4 TO GEOSYNTEC TO PROVIDE CONSTRUCTION SERVICES
FOR PHASE 2 CELL 1 SEGMENT 3 LANDFILL EXPANSION PROJECT 20
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 20
16. ADJOURNMENT 21
April 10, 2012 5
111( 142 PG 306
JEFFREY K. BARTON
Clerk to the Board
April 10, 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, April 10, 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
delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Davis
Vice Chairman O'Bryan led the Pledge of Allegiance to the Flag.
April 10, 2012 1
BK 142 PG 307
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
The Chairman requested the following change to the Agenda:
DELETION: ITEM 8.F. LEASE EXTENSION, LITTLE MERMAID CAR WASH, 1935
43RD AVENUE, TIMOTHY E. AND JOSHANA TYNES, 43RDAVENUE/SR60
INTERSECTION WIDENING AND IMPROVEMENTS
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION HONORING DR. MATHEW S. ZOFFER
FOR OUTSTANDING SERVICE ON THE INDIAN RIVER COUNTY
ENVIRONMENTAL CONTROL HEARING BOARD
Chairman Wheeler read and presented the Proclamation to Dr. Mathew S. Zoffer.
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL,
2012, AS CHILD ABUSE PREVENTION MONTH
Commissioner Flescher read the Proclamation. Eric Menger accepted the Proclamation
on behalf of the local Exchange Clubs. He introduced R. J. MacMillan, President of the Indian
River County Exchange Club, and several local members; presented a brief history of the Club's
existence and spoke about its local child abuse prevention project — Child Abuse Services
Training Life Enrichment (CASTLE).
April 10, 2012 2
BK 142 PG 308
John Binkley, Chairman of the local fishing tournament, provided details on the
upcoming fishing charity event, scheduled for May 18th and 19th, and provided the website:
ww.bluewateropen.org for individuals wishing to register online.
Barbara Schlitt-Ford announced the details of the Youth Guidance and Mentoring
Program's fundraiser event, the Heli -Drop Ball Bash and Barbeque, scheduled for Saturday,
April 21, 2012, at Holman Stadium. Interested individuals were encouraged to obtain more
information at: www.ircyouth.com.
S.C. PRESENTATION OF PROCLAMATION FOURTHANNUAL INDIAN RIVER
COUNTY DAY OF SERVICE
Commissioner Davis read and presented the Proclamation to Rob Vlosky, Day of Service
Coordinator, and Bishop Charles Hauber of The Church of Jesus Christ of Latter Day Saints.
Rob Vlosky and Bishop Charles Hauber thanked the Board of County Commissioners
for the Proclamation, provided vision, and recognized the churches and civic organizations who
are helping with the 2012 Indian River County Day of Service for Vero Beach agencies and
charities in need.
S.D. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 8 -14, 2012 AS
NATIONAL TELECOMMUNICATORS WEEK
Vice Chairman O'Bryan read and presented the Proclamation to Sheriff Deryl Loar,
Sheriffs Office Spokesman Director Jeff Luther, Emergency Services Director John King and
Indian River County Sheriff's Office Public Safety Dispatchers, in recognition of National
Telecommunicators Week.
April 10, 2012 3
BK 142 PG 309
The Commissioners thanked the Indian River County Sheriff's Office Public Safety
Dispatchers for their service, recognized the difficulty associated with their 9-1-1 fobs, and
expressed gratitude for their professionalism.
6. APPROVAL OF MINUTES
6.A. MEETING OFFEBRUARY 14, 2012
The Chairman asked if there were any corrections or additions to the minutes. There
were none
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman O'Bryan, the Board unanimously
approved the minutes of the February 14, 2012 meeting, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Chairman Wheeler requested to delete Item 8 F Lease Extension, Little Mermaid Car
Wash, 1935 43rd Avenue, Timothy E and Joshana Tynes, 43rd Avenue/SR60 Intersection
Widening and Improvements, from the Consent Agenda.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
April 10, 2012 4
9K 142PG310
8.A. APPROVAL OF WARRANTS AND WIRES - MARCH 23, 2012 TO MARCH 29,
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 March 23, 2012 to March 29,
2012, as requested in the memorandum of March 29,
2012.
8.B. REQUEST FOR AUTHORIZATION TO ADVERTISE FOR A PUBLIC HEARING
TO CONSIDER AN ORDINANCE ESTABLISHING AN ALTERNATIVE METHOD
OF SELLING REAL PROPERTY THROUGH THE NEIGHBORHOOD
STABILIZATION PROGRAM (NSP)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized staff to advertise for a public hearing to
consider an ordinance establishing an alternative property
disposition process for Neighborhood Stabilization
Program (NSP) properties, as requested in the
memorandum of April 2, 2012.
April 10, 2012 5
Bt142PG311
8.C. APPROVAL OFANAMENDMENT TO THE SEXTON RANCH WEST
CONSERVATION EASEMENT TO RELOCATE AND RECONFIGURE
RESIDENTIAL PARCEL NUMBER 1
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the "First Amendment to Conservation Easement
(Conservation Easement II — West)," and authorized the
Chairman to execute same on behalf of the County, as
recommended in the memorandum of April 2, 2012.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. CHANGE ORDER No. 1 RELEASE OF RETAINAGE INDIAN RIVER
BOULEVARD SIDEWALK IMPROVEMENTS FROM 12TH STREET TO 1 7TH
STREET BID No. 2011012 - IRC PROJECT NO. 0745
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Change Order No. 1, and payment of Timothy Rose
Contracting, Inc. Application for Payment No. 6 in the
amount of $21,437.70 for release of retainage, as
recommended in the memorandum of March 28, 2012.
April 10, 2012 6
BK 142 PG 312
8.E. DECLARATION OF SOLE SOURCE FOR PURCHASE OF CLAY TARGET
THROWERS FOR THE INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE
EXPANSION PROJECT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the declaration of Promatic, Inc. as the sole
source for purchase of the clay target throwing trap
machines, and authorized the issuance of purchase orders
for said items in accordance with the approved Indian
River County Shooting Range Expansion Project, as
recommended in the memorandum of April 2, 2012.
8.F. LEASE EXTENSION, LITTLE MERMAID CAR WASH, 1935 43RD AVENUE,
TIMOTHY E. AND JOSHANA TYNES, 43RD AVENUE/SR 60 INTERSECTION
WIDENING AND IMPROVEMENTS - DELETED
This item deleted from the Agenda.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A.1. INDL4NRIVER COUNTY SHERIFF BERYL LOAR - FISCAL YEAR 2012
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
FORMULA PROGRAM: LOCAL SOLICITATION
April 10, 2012 7
OK 142 PG 313
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Sheriff to move forward with the Fiscal
Year 2011 Edward Byrne Memorial Justice Assistance
Grant (JAG) Formula Program• Local Solicitation, in the
amount of $21,287.00, with no match required, for the
purchase of information technology items described as:
SQL Server, Dataworks Hardware, and a Projector, as
requested in the letter dated April 2, 2012.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.111. ENCLAVE AT VERO BEACH, LLC'S REQUEST FOR RE APPROVAL OF
THE BLOOMFIELD AT VERO BEACH PLANNED DEVELOPMENT (PD)
CONCEPTUAL PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Planning Director Stan Boling, using a PowerPoint
presentation (on file), provided background, conditions, and analysis regarding the request by
Kimley-Horn and Associates, Inc. (on behalf of Enclave at Vero Beach, LLC) for re -approval of
the Bloomfield at Vero Beach Planned Development (PD) Conceptual Plan project. The project
was originally approved by the Board of County Commissioners on March 13, 2007, and
because of a project -specific 5 -year deadline, the approval lapsed on March 13, 2012. The goal
for the applicant is to secure a 10 -year deadline on the special exception use/conceptual plan
approval. Director Boling recommended the Board re -approve the Bloomfield PD conceptual
plan and special exception request with the conditions outlined in the staffs report.
BK142PG314
April 10, 2012 8
Vice Chairman O'Bryan sought and received information concerning the right-of-way
dedication on the south end of the property.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously granted
Planned Development (PD) special exception use approval
for the Bloomfield PD with the following conditions:
(1) If construction has not commenced within ten years
after special exception approval, then the PD special
exception approval shall automatically expire;
(2) Tree removal and land clearing permits shall be limited
to the phase under construction;
(3) Prior to issuance of a land development permit for
Phase 1 (or prior to release of the preliminary PD plan, if
applicable), the applicant shall: (a) obtain approval of the
final design for the 12th Avenue SW improvement from
the County's Public Works Department and the Indian
River Farms Water Control District; (b) obtain a County
wetland resource permit; (c) Obtain Environmental
Planning staff approval of a tree protection plan and a tree
mitigation replacement plan; (d) obtain a gopher tortoise
incidental take permit from the Florida Fish and Wildlife
Conservation Commission; and (e) dedicate without
compensation 25 feet of 11th Street SW right-of-way;
(4) Prior to or via final PD plan approval, the applicant
shall: (a) establish a conservation easement over the
April 10, 2012 9
BK 142 PG 315
wetland conservation area; and (b) establish a
conservation easement over the upland conservation areas;
(5) Prior to issuance of the first certificate of occupancy
for the project, the applicant shall complete all 12th
Avenue SW improvements from 9 h Street SW to the
northern project driveway;
(6) Prior to issuance of a certificate of occupancy for each
building, the applicant shall construct all internal
sidewalks in the vicinity of that building;
(7) Prior to issuance of the first certificate of occupancy in
Phase II, the applicant shall: (a) complete the remaining
12th Avenue SW improvements from the northern project
entrance to 11th Street SW; (b) construct both full access
connections to 12th Avenue SW; and (c) construct the
pedestrian connection to the 11th Street SW sidewalk in
the southwest corner of the site and the sidewalk along
11th Street SW; and
(8) Prior to the first certificate of occupancy in any phase,
the applicant shall install all required landscape buffers
and opaque features for the applicable phase; all as
recommended in the memorandum of March 26, 2012.
10.A.2. DIVOSTA HOMES, L.P.'S NOTICE OF PROPOSED CHANGE (NOPC)
REQUEST TO MODIFY THE WATERWAY VILLAGE DRI DEVELOPMENT
ORDER EMERGENCY SHELTER SPACE CONDITION (QUASI-JUDICL4L)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
April 10, 2012 10
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Director Boling, using a PowerPoint presentation (on file), recapped his memorandum
dated March 27, 2012. He reported that Attorney Bruce Barkett (on behalf of DiVosta Homes,
L P) filed a Notice of Proposed Change (NOPC) to amend Condition No. 72 of the Village
Development of Regional Impact (DRI) Development Order (D.O.) Emergency Shelter Space
Condition, which was originally adopted on November 9, 2004 and remains in effect until
December 31, 2028. He said the NOPC, Condition No. 72, addresses project impacts on
hurricane preparedness and specifically emergency shelter space. He conveyed that County staff
had coordinated with the applicant, Emergency Services, the Regional Planning Council staff,
and State Planning staff to develop wording to the applicant's original request to Condition 72,
so it would be acceptable to all parties, and to ensure that no lot is platted unless there is
sufficient shelter space and structured to address insufficient shelter space situations without the
need for future modifications. He also discussed the existing and proposed conditions, and noted
that the requested change would not constitute a substantial deviation.
Emergency Service Director John King explained the methodology of how shelter
demands are calculated, and informed the Board that he felt comfortable that there would be
excess shelter space for this recommendation.
The Chairman opened the Public Hearing; there being no speakers, the Chairman closed
the Public Hearing.
The Commissioners, as requested by the Chairman, affirmed that there had been no ex
parte site visits, investigations, or communications regarding this item.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously:
(1) found that the request does not constitute a substantial
deviation; and (2) approved Resolution 2012-029, making
findings of fact and conclusions of law pertaining to
Waterway Village, a development of regional impact, and
April 10, 2012 11
B1( 1142 PG 317
constituting this Resolution as an amendment to the
development order by Indian River County in compliance
with law; and providing for an effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM JOEL MOLINARI REGARDING BUILDING
PERMIT FEES AND CONTRACTOR LICENSING/UNLICENSED CONTRACTING
Joel Molinari, 1025 54th Avenue, Contractor, voiced concerns over permit fees not being
commensurable with services provided by the Building Department, and asked the Board to
allow staff to review and expedite the process of changing the fee structure. He voiced issues
over unlicensed contractors, and volunteered to assist the County and/or staff to identify local
unhcensed contracting activities.
Chairman Wheeler and Administrator Baird addressed permit fees and how they are part
of the enterprise fund, and future plans to reduce charges.
Administrator Baird emphasized that anyone who comes in contact with an unlicensed
contractor should immediately call the Building Department for follow-up.
County Building Official Jose Guanch provided two phone numbers for the public to call:
Building Division office - 772-226-1600, and the direct line to the Contractor Licensing
Investigator - 772-226-1800.
Attorney Polackwich also provided 1-866-532-1440, which is the State of Florida
Department of Business Professional Regulations unlicensed activity hotline.
April 10, 2012 12
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Vice Chairman O'Bryan stated that he receives numerous calls from licensed lawn
service contractors who witness unlicensed contractors under cutting their prices and stealing
their business. He wanted to find a solution, and suggested that during the Budget Session, a
funded position be considered from the General Fund, or added to Code Enforcement, to ensure
this type of work is being done properly.
Director Keating informed the Board that staff is planning to bring this back to the Board
in May, with a streamlined permit fee schedule. He stressed that the deterrent for an unlicensed
contractor is a $500 citation, which can also be given to the owner who hires an unlicensed
contractor.
NO BOARD ACTION REQUIRED OR TAKEN
10.B.2. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING SIDEWALK ON
11TH STREET, S. W., AND STOP SIGN ON 11TH STREET S. W.
Speaker not present.
NO BOARD ACTION REQUIRED OR TAKEN
10. C. PUBLIC NOTICE ITEMS
10.C1. NOTICE OF SCHEDULED PUBLIC HEARING FOR MAY 15, 2012:
10.C.1.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 RESIDENTI4L-1 (UP
TO 8 UNITS/ACRE), TO C/I, COMMERCIAL/ INDUSTRIAL; AND
April 10, 2012 13
Bt 142 PG 319
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)
10. C. 1. B. COUNTY INITIATED 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.
The Chairman called for a break at 10:05 a.m., and reconvened the meeting at 10:15
a.m., with all members present.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
April 10, 2012
14
BK11+2PG320
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12. F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND B UDGET
12.G. 1. APPROVAL OF RESOLUTION TO REDEEM LAND ACQUISITION G.O.
BONDS, SERIES 2001 B UDGET AMENDMENT 010
Management and Budget Director Jason Brown reviewed his memorandum dated April 2,
2012. He provided background on the 1992 referendum which authorized the issuance of $26
million in General Obligation (0.0.) Bonds for the purpose of acquiring environmentally
sensitive lands within the County, and analysis regarding the redemption and payment of the
County's outstanding G.O. Bonds, Series 2001, from available County monies. He
recommended the Board approve: (1) the proposed Resolution to call the G.O. Bonds, which
will result in a savings in interest to the County, and a reduction in the millage rate, which will
be a savings to the taxpayers; and (2) Budget Amendment 010 to allocate the funds.
Commissioner Solari commented on how the County has continued over the years to
reduce the tax burden for County residents
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2012-030, authorizing the redemption and
payment of the County's outstanding General Obligation
Bonds, Series 2001; authorizing the proper officers of the
County to do all acts necessary and proper for carrying out
the transactions contemplated by this Resolution; and
providing for an effective date.
April 10, 2012 15
142PG321
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2012-031, amending the fiscal year 2011-2012
Budget.
12.G.2. HUMANE SOCIETY - ANIMAL SHELTER SERVICES FUNDING WITHIN
MUNICIPALITIES
Director Brown provided a cost breakdown by municipalities (on file), on animal control
and animal sheltering activities. He described the County's current contract with the Humane
Society of Vero Beach to house animals taken in by Animal Control or by residents of the
County, and proposed a policy change in the funding structure by providing animal shelter
services for the unincorporated area only, leaving each municipality to be responsible for
obtaining and funding animal sheltering services within their respective city limits.
Director Brown, Administrator Baird, and Director King responded to the
Commissioners' questions and concerns regarding animal licensing and the revenue generated
from it, how the municipalities would handle animal sheltering, licensing, and citations; and the
different proposals for collection costs.
Commissioner Flescher wanted more discussion and negotiations with the municipalities
before moving forward.
Commissioner Davis agreed and wanted staff to ensure that decentralizing these services
would be cost effective for all County taxpayers.
Administrator Baird clarified that the municipalities would have the opportunity to
contract with the County or piggy -back with the Humane Society's agreement.
April 10, 2012 16
81( 142 PG 322
Commissioner Solari questioned why staff is proposing the change in animal sheltering
services since they are paid out of the General Fund from Ad Valorem taxes, and everyone in the
County is paying for it. He applauded staff for attempting to cut costs, but felt the municipalities
needed to be engaged to see how they want to handle the situation.
Chairman Wheeler agreed that the monies to provide animal sheltering services should
come from the General Fund, and handled as a County -wide service. He wanted staff to meet
with the municipalities and develop a program that works for everyone.
Al Minner, Sebastian City Manager, reported that his Council has not had an opportunity
to respond to this. He felt staff did a fantastic job on the budget, understood the reasons for the
proposal, but did not believe it was an enforcement issue. He proposed that the County: (1) shift
the animal sheltering service to the Municipal Service Taxing Unit (MSTU) and make it an
unincorporated service, (2) demonstrate to the municipalities that the millage rate will be reduced
proportionately; and (3) stop charging the licensing fees. He asked the Board to allow him the
opportunity to find a better way to make this service work for everyone in the County.
A brief discussion ensued regarding escalated costs and the percentage of animals taken
in by municipality.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously tabled this
item, and directed the County Attorney's office to
negotiate with the municipalities to reduce costs and bring
a proposal back to the Board
12.H. RECREATION- NONE
12.I. PUBLIC WORKS - NONE
April 10, 2012 17
BK142PG323
12.J UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. INITIAL CONSIDERATION OF PROPOSED ORDINANCE AMENDING
CHAPTER 204 OF THE IRC CODE (SOLID WASTE DISPOSAL)
Attorney Polackwich explained how the proposed ordinance would amend Chapter 204
(Solid Waste Disposal) of the Indian River County Code, and the amendments relating to the
requirements for construction and demolition (C&D) debris material and recyclable material
franchise processors. He believed the amendment would help the County better achieve
recycling goals and bring the County into a position whereby current practices would be
consistent with the language of the Ordinance.
Attorney Polackwich addressed Vice Chairman O'Bryan's questions concerning tipping
fees and accountability.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Scott Harrington, H&H Dumpsters and small business hauler, questioned the
requirement for C&D processors to pay franchise fees to both the City and County.
•
Discussion ensued regarding the franchise fees, the franchise agreement, enforcement of
required insurance, and finding a solution for implementing only one franchise fee.
Attorney Polackwich said he would review the dual franchise fee and bring the proposed
Ordinance back to the Board for final adoption in mid-May.
April 10, 2012 18
81{ 142 PG 324.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously approved the
proposed Ordinance to amend Chapter 204 (Solid Waste
Disposal) of the Indian River County Code, and
authorized the County Attorney to advertise for public
hearing and adoption in mid-May, as recommended in the
memorandum of April 3, 2012.
13.B. PROPOSED SMART METER RESOLUTION
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman O'Bryan, the Board unanimously
approved Resolution 2012-032, in support of the right of
citizens in Indian River County and surrounding areas to
opt out of Florida Power and Light's Smart Meter
Program.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN NONE
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
April 10, 2012 19
OK 142 PG 325
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that the Board would reconvene as the Board of
Commissioners of the Solid Waste Disposal District. Those Minutes are available separately.
15.B.1. RECOMMENDATION TO AWARD PHASE 2 CELL 1 SEGMENT 3 LANDFILL
EXPANSION PROJECT TO COMANCO ENVIRONMENTAL CORPORATION (BID
No. 2012025)
15.B.2. WORK ORDER No. 4 TO GEOSYNTEC TO PROVIDE CONSTRUCTION
SERVICES FOR PHASE 2 CELL 1 SEGMENT 3 LANDFILL EXPANSION
PROJECT
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
April 10, 2012 20
BK 142 PG 326..
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:16 p.m.
ATTEST:
Jeffrey K. Barton, Gary C. eeler, Chairman
Clerk of Circuit Court and Comptroller
Minutes Approved: JUN 0 5 2012
BCC/LA/2012 Minutes
April 10, 2012 21
BK 142PG327