HomeMy WebLinkAbout04/22/2014 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 22, 2014 - 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
Peter D. O'Bryan, Chairman
Wesley S. Davis, Vice Chairman
Joseph E. Flescher
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
District 4
District 1
District 2
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Dylan Reingold, County Attorney
Jeffrey R. Smith, Clerk to the Board
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Joseph E Flescher
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of 2013 Florida Beach Patrol Chiefs Association "Lifeguard of
the Year" award to Jonathan Billings, Indian River County Recreation
Division
PAGE
B. Presentation of Law Week 2014 Proclamation "American Democracy and
the Rule of Law: Why Every Vote Matters"
1
5. PROCLAMATIONS and PRESENTATIONS
April 22, 2014
PAGE
Page 1 of 6
C. Presentation of Proclamation Designating the Month of April, 2014 as Child
Abuse Prevention Month
2
D. Presentation of Proclamation Designating Sixth Annual Indian River County
Day of Service
3
E. Presentation of Proclamation Recognizing April, 2014 as FAU Center for
Autism and Related Disabilities Month
4
F. Presentation on All Aboard Florida by Kim Delaney, Strategic Development
Coordinator, Treasure Coast Regional Planning Council
6. APPROVAL OF MINUTES
A. Regular Meeting of March 11, 2014
7. INFORMATION ITEMS FROM STAFF
REQUIRING BOARD ACTION
A. Indian River County Code Chapter 309,
(memorandum dated April 22, 2014)
OR COMMISSIONERS NOT
Fair Housing - Annual Report
5
8. CONSENT AGENDA
A. Approval of Warrants — April 3, 2014 to April 10, 2014
(memorandum dated April 10, 2014)
6-13
B. Final Payment and Release of Retainage to Gulf States Industries, Inc., for
the IRC Utility Services Roof Replacement — Bid No. 2013040
(memorandum dated April 10, 2014)
C. State Aid Amended Agreement
(memorandum dated April 10, 2014)
14-17
18-21
D. Final Release of Retainage — Professional Services Agreement with Carter
Associates, Inc. IRC Project No. 98108 — 66th Avenue Paving
Improvements, Phase 2 (4 h Street to 16th Street)
(memorandum dated Apnl 9, 2014)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
22-25
April 22, 2014 Page 2 of 6
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
1. Request for the Board of County Commissioners to Consider an
Ordinance to Approve New Impact Fee Schedules for Non -
Residential Uses for the Unincorporated Indian River County and
Municipalities
(memorandum dated April 7, 2014)
(Legislative)
26-42
2. Consideration of Amendment of Land Development Regulations
(LDRs) Section 973.04, Section 973.06, and County Code Section
403.08 for Nuisance Abatement Special Assessment
(memorandum dated April 7, 2014)
(Legislative)
43-65
B. PUBLIC DISCUSSION ITEMS
(As a general rule public discussion items should be limited to matters on which the
commission may take action.)
1. Request to Speak from Bill Rigby Regarding the Kessler
Consulting, Inc project for Solid Waste Procurement Services 66
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Consideration of a Request for a Local Jobs Grant by a Parts
Distribution Company
(memorandum dated April 14, 2014)
B.
67-86
2. Consideration of Meeting Dates for Land Development Regulation
(LDR) Amendments to establish the West Gifford (WGIC) Special
Overlay Regulations
(memorandum dated April 11, 2014)
Emergency Services
None
87-88
April 22, 2014 Page 3 of 6
12. DEPARTMENTAL MATTERS PAGE
C.
General Services
None
1.
Human Services
None
2. Sandridge Golf Club
None
3, Recreation
None
D. Human Resources
None
E Office of Management and Budget
1. Quarterly Budget Report
(memorandum dated April 14, 2014)
F.
G.
Public Works
None
Utilities Services
89-97
1. Alternative Water Supply Evaluation — Work Order No. 11 with
CDM Smith Inc.
(memorandum dated April 10, 2014)
13. COUNTY ATTORNEY MATTERS
None
14. COMMISSIONERS MATTERS
A. Commissioner Peter D. O'Bryan, Chairman
1. Letter of Support for Veteran's Nursing Home Site Selection
(memorandum dated April 14, 2014)
98-111
112-114
B. Commissioner Wesley S. Davis, Vice Chairman
None
April 22, 2014 Page 4 of 6
14.
COMMISSIONERS MATTERS PAGE
C. Commissioner Joseph E. Flescher
None
D. Commissioner Bob Solari
1. All Aboard Florida (AAF)
(memorandum dated April 16, 2014) 115
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board
shall provide an opportunity for public comment prior to the undertaking by the Board of any action on
the agenda, including those matters on the Consent Agenda Public comment shall also be heard on any
proposition which the Board is to take action which was either not on the Board agenda or distributed to
the public prior to the commencement of the meeting.
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.
Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of
County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting.
April 22, 2014 Page 5 of 6
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, 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 22, 2014 Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
APRIL 22, 2014
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 1
ADDITION: EMERGENCY ITEM 5.G. PRESENTATION OF PROCLAMATION
DESIGNATING APRIL 22, 2014 AS EARTH DAY IN INDIAN RIVER COUNTY 2
DELETED: ITEM 12 E 1 QUARTERY BUDGET REPORT DEFERRED TO MAY 6,
2014 2
ADDITION: EMERGENCY ITEM 14.B.1. REQUEST FOR FUNDING FOR A
JURISDICTIONAL SURFACE WATER MANAGEMENT PLAN TO BE HEARD WITH
ITEM 12.G.1. 2
MOVED: ITEM 14.D.1. ALL ABOARD FLORIDA TO BE HEARD WITH ITEM 5. F 2
ADDITION: EMERGENCY ITEM 14 E 1 UPDATE ON THE APRIL 17TH FLORIDA
MUNICIPAL POWER AGENCY MEETING 2
ADDITION: EMERGENCY ITEM 14.E.2 FY 2014-2015 FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP) BEACH FUNDING ASSISTANCE 2
5. PROCLAMATIONS AND PRESENTATIONS 3
April 22, 2014 1
5.A. PRESENTATION OF 2013 FLORIDA BEACH PATROL CHIEFS ASSOCIATION
`LIFEGUARD OF THE YEAR" AWARD TO JONATHAN BILLINGS, INDIAN RIVER
COUNTY RECREATION DIVISION 3
5.B. PRESENTATION OF LAW WEEK 2014 PROCLAMATION "AMERICAN DEMOCRACY
AND THE RULE OF LAW: WHY EVERY VOTE MATTERS" 3
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2014
AS CHILD ABUSE PREVENTION MONTH 3
5.D. PRESENTATION OF PROCLAMATION DESIGNATING SIXTH ANNUAL INDIAN
RIVER COUNTY DAY OF SERVICE 4
5.E. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 2014 AS FAU CENTER
FOR AUTISM AND RELATED DISABILITIES MONTH 4
5.F. PRESENTATION ON ALL ABOARD FLORIDA BY KIM DELANEY, STRATEGIC
DEVELOPMENT COORDINATOR, TREASURE COAST REGIONAL PLANNING
COUNCIL (TCRPC) 4
5.G. EMERGENCY ADDITION: PRESENTATION OF PROCLAMATION DESIGNATING
APRIL 22, 2014 AS EARTH DAY IN INDIAN RIVER COUNTY 5
6. APPROVAL OF MINUTES 5
6.A. REGULAR MEETING OF MARCH 11, 2014 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 6
7.A. INDIAN RIVER COUNTY CODE CHAPTER 309, FAIR HOUSING - ANNUAL
REPORT 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS - APRIL 3, 2014 TO APRIL 10, 2014 6
8.B. FINAL PAYMENT AND RELEASE OF RETAINAGE TO GULF STATES INDUSTRIES,
INC., FOR THE IRC UTILITY SERVICES ROOF REPLACEMENT - BID No. 2013040 6
8.C. STATE AID AMENDED AGREEMENT 7
8.D. FINAL RELEASE OF RETAINAGE - PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT No. 98108 - 66TH AVENUE PAVING
IMPROVEMENTS, PHASE 2 (4TH STREET TO 16TH STREET) 7
April 22, 2014 2
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 8
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARINGS 8
10.A.1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AN
ORDINANCE TO APPROVE NEW IMPACT FEE SCHEDULES FOR NON-RESIDENTIAL
U SES FOR THE UNINCORPORATED INDIAN RIVER COUNTY AND MUNICIPALITIES
(LEGISLATIVE) 8
10.A.2. CONSIDERATION OF AMENDMENT OF LAND DEVELOPMENT REGULATIONS
(LDRS) SECTION 973.04, SECTION 973.06, AND COUNTY CODE SECTION 403.08
FOR NUISANCE ABATEMENT SPECIAL ASSESSMENT (LEGISLATIVE) 10
10.B. PUBLIC DISCUSSION ITEMS 12
10.B.1. REQUEST TO SPEAK FROM BILL RIGBY REGARDING THE KESSLER CONSULTING,
INC. PROJECT FOR SOLID WASTE PROCUREMENT SERVICES 12
10.C. PUBLIC NOTICE ITEMS - NONE 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT 12
12.A.1. CONSIDERATION OF A REQUEST FOR A LOCAL JOBS GRANT BY A PARTS
D ISTRIBUTION COMPANY 12
12.A.2. CONSIDERATION OF MEETING DATES FOR LAND DEVELOPMENT REGULATION
(LDR) AMENDMENTS TO ESTABLISH THE WEST GIFFORD (WGIC) SPECIAL
O VERLAY REGULATIONS
EMERGENCY SERVICES - NONE
GENERAL SERVICES - NONE
HUMAN SERVICES - NONE
SANDRIDGE GOLF CLUB - NONE
RECREATION - NONE
HUMAN RESOURCES - NONE
13
12.B. 14
12.C. 14
12.C.1. 14
12.C.2. 14
12.C.3. 14
12.D. 14
12 E 14
12 E 1 QUARTERLY BUDGET REPORT 14
April 22, 2014
OFFICE OF MANAGEMENT AND BUDGET
3
12.F. PUBLIC WORKS 14
12.G. UTILITIES SERVICES 15
12. G. 1. ALTERNATIVE WATER SUPPLY EVALUATION - WORK ORDER No. 11 WITH
CDM SMITH INC 15
13. COUNTY ATTORNEY MATTERS - NONE 15
14. COMMISSIONERS MATTERS
15
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 15
14.A.1. LETTER OF SUPPORT FOR VETERANS NURSING HOME SITE SELECTION 15
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 16
14.B.1. EMERGENCY ADDITION: REQUEST FOR FUNDING FOR A JURISDICTIONAL
SURFACE WATER MANAGEMENT PLAN 16
14.C. COMMISSIONER JOSEPH E FLESCHER - NONE 17
14.D. COMMISSIONER BOB SOLARI 18
14.D.1. ALL ABOARD FLORIDA (AAF) 18
14 E COMMISSIONER TIM ZORC 18
14.E.1. EMERGENCY ADDITION: UPDATE ON THE APRIL 17TH FLORIDA MUNICIPAL
POWER AGENCY MEETING 18
14 E 2 EMERGENCY ADDITION. FY 2014-15 FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) BEACH FUNDING ASSISTANCE 19
15. SPECIAL DISTRICTS AND BOARDS 20
15.A. EMERGENCY SERVICES DISTRICT - NONE 20
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 20
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 20
16. ADJOURNMENT 20
April 22, 2014
4
JEFFREY R. SMITH
Clerk to the Board
April 22, 2014
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 22, 2014. Present were Chairman Peter D. O'Bryan, Vice Chairman Wesley S.
Davis, and Commissioners Joseph E Flescher Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A Baird, County Attorney Dylan Reingold, and Deputy Clerk
Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
April 22, 2014 1
Chairman O'Bryan requested the following changes to the Agenda:
ADDITION: EMERGENCY ITEM 5.G. PRESENTATION OF PROCLAMATION
DESIGNATING APRIL 22, 2014 AS EARTH DAY IN INDIAN RIVER COUNTY
DELETED: ITEM 12.E.1. 0UARTERYBUDGET REPORT DEFERRED TO MAY
6.2014
ADDITION: EMERGENCY ITEM 14.B.1. REQUEST FOR FUNDING FOR A
.JURISDICTIONAL SURFACE WATER MANAGEMENT PLAN TO BE HEARD WITH
ITEM 12.G.1.
MOVED: ITEM 14.D.1. ALL ABOARD FLORIDA TO BE HEARD WITH
ITEMS. F.
ADDITION: EMERGENCY ITEM 14.E.1. UPDATE ON THE APRIL 17TH FLORIDA
MUNICIPAL POWER AGENCY MEETING
ADDITION: EMERGENCY ITEM 14.E.2. FY 2014-2015 FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION (FDEP) BEACH FUNDING ASSISTANCE
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, the Board unanimously
approved the Agenda as amended.
April 22, 2014 2
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF 2013 FLORIDA BEACH PATROL CHIEFS ASSOCIATION
"LIFEGUARD OF THE YEAR" AWARD TO JONATHAN BILLINGS, INDIAN RIVER
COUNTY RECREATION DIVISION
Assistant County Administrator Mike Zito presented the award to Ocean Rescue
Lifeguard Jonathan Billings. Mr Billings was accompanied by Ocean Rescue Captain John
Frazier.
S.B. PRESENTATION OF LAW WEEK 2014 PROCLAMATION "AMERICAN DEMOCRACY
AND THE RULE OF LAW: WHY EVERY VOTE MATTERS"
Commissioner Solari read and presented the Proclamation to Chairman of the Young
Lawyer's Division, Nicholas Bruce of the law firm Colhns Brown Caldwell Barkett Garavaglia
& Lawn.
S.C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL, 2014
AS CHILD ABUSE PREVENTION MONTH
Commissioner Zorc read and presented the Proclamation to Exchange Club of Indian
River members President Jenny Frederick; past Presidents Scott Wallace, Jeff Smith, and Aaron
Bowles and Secretary Joan Barcus. Past President Diana Walker and President -Elect Nancy
Gollnick of the Florida District Exchange Club were also present. Ms. Frederick provided
details on the Vero Beach Air Show, which will be held on May 10 and 11, 2014.
April 22, 2014 3
S.D. PRESENTATION OF PROCLAMATION DESIGNATING SIXTH ANNUAL INDIAN RIVER
COUNTY DAY OF SERVICE
Chairman O'Bryan read and presented the Proclamation to Bishop Charles Hauber, Vero
Beach Ward of The Church of Jesus Christ of Latter-day Saints Bishop Hauber described the
Indian River County Day of Service to be held on April 26 at 8 a.m., and asked Chairman
O'Bryan to kick off the event.
Chairman O'Bryan accepted the invitation.
S.E. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 2014 AS FA U CENTER
FOR A UTISMAND RELATED DISABILITIES MONTH
Vice Chairman Davis read and presented the Proclamation to Mary Ellen Quinn-Lunny,
Ed S , Director, and Cathy Allore, Clinical Support Specialist; Florida Atlantic University's
Center for Autism and Related Disabilities. Carmen and Henry Noonan were also present.
S.F. PRESENTATION ON ALL ABOARD FLORIDA BYKIMDELANEY, STRATEGIC
DEVELOPMENT COORDINATOR, TREASURE COAST REGIONAL PLANNING
COUNCIL (TCRPC)
(Clerk's Note: This item was heard following Item S.G. and is placed here for
continuity).
Kim Delaney, Strategic Development Coordinator Treasure Coast Regional Planning
Council (TCRPC) provided a PowerPoint presentation (copy on file) on the status of the
proposed All Aboard Florida (AAF) high speed passenger rail project. She disclosed that the
Federal Railroad Administration (FRA) anticipates that the draft Environmental Impact
Statement (EIS) will be published in May or June 2014, and various experts have estimated that
April 22, 2014 4
the entire EIS process may take from one to five years. After reviewing TCRPC's actions
relative to AAF, Ms. Delaney responded to questions and comments raised by the Board.
Bob Johnson, Coral Wind Subdivision; requested that Ms. Delaney's presentation be
published on the County's website.
Susan Mehiel expressed her concerns about the AAF project and gave her perspective
on actions that the TCRPC should take in regards to the proposed railway.
Stephanie Austin, 6250 Arrowhead Lane, urged the TCRPC to webcast their meetings.
S.G. EMERGENCY ADDITION: PRESENTATION OF PROCLAMATION DESIGNATING
APRIL 22, 2014 AS EARTH DAY IN INDIAN RIVER COUNTY
(Clerk's Note: This item was heard following Item S.E. and is placed here for
continuity).
Commissioner Flescher read and presented the Proclamation to Executive Director
Vickie Wild and President Ashima Wild of Indian River Beautiful (KIRB), and Himanshu
Mehta, Managing Director of the Solid Waste Disposal District.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MARCH 11, 2014
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher the Board unanimously approved
the minutes of the March 11, 2014 meeting, as written.
April 22, 2014 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. INDIAN RIVER COUNTY CODE CHAPTER 309, FAIR HOUSING -ANNUAL REPORT
Noted for the record was the receipt of the Annual Fair Housing Report advising that no
complaints of discriminatory housing practices have been reported or received since the last
annual report.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS - APRIL 3, 2014 TO APRIL 10, 2014
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires issued by the Comptroller's
Office for the time period of April 3, 2014 to April 10,
2014, as requested in the memorandum of April 10, 2014.
8.B. FINAL PAYMENT AND RELEASE OF RETAINAGE TO GULF STATES INDUSTRIES,
INC., FOR THE IRC UTILITY SERVICES ROOF REPLACEMENT - BID No.
2013040
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Final Pay to Gulf States Industries, Inc., in the amount of
$13,332.50, as recommended in the memorandum of April
10, 2014.
April 22, 2014 6
8.C. STATE AID AMENDED AGREEMENT
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to execute two copies of
Amendment Number 1 to the State Aid To Libraries Grant
Agreement and return to the Library Services Director to
be forwarded to the appropriate State Library staff for
final approval and execution, as requested in the
memorandum of April 10, 2014.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. FINAL RELEASE OF RETAINAGE - PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT NO. 98108 - 661H
AVENUE PAVING
IMPROVEMENTS, PHASE 2 (4TH STREET TO 16TH STREET)
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
final release of retainage to Carter Associates, Inc., for the
completed services and payment of Application of
Payment No. 113 -Final, dated April 4, 2014, in the
amount of $5,826.24, as requested in the memorandum of
April 9, 2014.
The Chairman called a recess at 10:35 a.m. and reconvened the meeting at 10:46 a.m.,
with all members present
April 22, 2014 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO CONSIDER AN
ORDINANCE TO APPROVE NEW IMPACT FEE SCHEDULES FOR NON-
RESIDENTIAL USES FOR THE UNINCORPORATED INDIAN RIVER COUNTY AND
MUNICIPALITIES (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Stan Boling recalled the Board's approval on March
11, 2014 to bifurcate the residential impact fees from the non-residential impact fees and quickly
make revisions to the latter. He used a PowerPoint presentation (copy on file) to provide
background and an overview on the revised impact fee schedules for non-residential uses. He
stated that the impact fee reductions will begin on May 5, 2014; and the only two impact fees
with increases (Jail and veterinary clinics) will commence on October 1, 2014. Director Boling
presented staff's recommendation for the Board to approve the new non-residential impact fee
schedules for: (1) the unincorporated County; (2) the municipalities of Fellsmere, Town of
Orchid, City of Sebastian, and City of Vero Beach; and (3) the Town of Indian River Shores by
adopting the proposed Ordinance. He noted that a workshop meeting and subsequent public
hearings will be held regarding the residential fees, with the dates yet to be determined.
Discussion ensued as staff responded to questions raised by the Board.
The Chairman opened the Public Hearing.
April 22, 2014 8
Bob Johnson, Coral Wind Subdivision, sought and received further information about
the law enforcement impact fee.
Charlie Wilson, Impact Fee Consultants, gave his perspective on the impact fee program
and the Affordable Growth Method that was used by the County's impact fee consultant,
Tindale -Oliver & Associates, Inc. to prepare their report.
Peter Robinson, Laurel Homes, advocated reducing the residential impact fees with no
delay, and that special fees be developed to accommodate large facilities with fewer employees.
Discussion followed on the possibility of developing an alternate impact fee methodology
for certain businesses where the fee structure would not automatically be based on the square
footage of the building.
City of Fellsmere Manager Jason Nunemaker expressed support for the revised impact
fee schedules.
Jeff Thompson, Seville Avenue, asked for an estimated end date of the impact fees that
were established for the improvements on State Road 60.
Administrator Baird said that staff would return with a projection on the end -date for the
State Road 60 impact fees.
During additional discussion, Commissioner Zorc requested that staff find a way to
publicize information on the electric utility impact fees that are collected by the City of Vero
Beach.
There were no additional speakers, and the Chairman closed the Public Hearing.
April 22, 2014 9
Following further discussion, staff projected that the workshop on residential impact fees
would be held within 60 days and recommendations presented to the Board within 120 days.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously adopted
Ordinance 2014-009, amending Title X, Impact Fees, of
the Code of Indian River County, to amend Code Section
Appendix A, Impact Fee Schedules, to approve new
impact fee schedules for non-residential uses for the
unincorporated Indian River County and
municipalities; providing for effective date for new impact
fee schedules; and providing for codification; and
severability.
10.A.Z. CONSIDERATION OF AMENDMENT OF LAND DEVELOPMENT REGULATIONS
(LDRS) SECTION 973.04, SECTION 973.06, AND COUNTY CODE SECTION 403.08
FOR NUISANCE ABATEMENT SPECIAL ASSESSMENT (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Dylan Reingold recalled the Board's direction on December 3, 2013 for
the County Attorney to draft a nuisance abatement special assessment ordinance that would
allow the County to collect on the tax roll, assessments to recoup its costs for demolitions and
nuisance abatements. After reviewing his memorandum of April 7, 2014 to provide the key
details of the proposed legislation, he asked the Board to proceed with the Public Hearing and
subsequent vote.
April 22, 2014 10
Chairman O'Bryan spoke about the money that has never been recovered that the
County has spent on nuisance abatements and demolitions, and discussed the issue of
homeowners who have to deal with nuisance properties or code violations in their
neighborhoods. He supported the proposed Ordinance as a tool to bnng about compliance on
code enforcement liens that remain unsatisfied.
Vice Chairman Davis voiced opposition to the proposed Ordinance, and felt it was
important to make a clear distinction between code violations that are a danger to public health
and safety, versus aesthetic issues. He noted, too, that he did not agree with a governing agency
imposing its will on private property rights.
Commissioner Flescher supported the current Code Enforcement proceedings and felt the
proposed Ordinance was too much government. He also noted that with the economy improving,
people are beginning to maintain their properties.
The Chairman opened the Public Hearing.
The following speakers spoke in opposition to the proposed Ordinance:
Wanda Scott, 4306 26th Avenue
Althea McKenzie, 2405 16th Avenue
Alex Kromhout, 4150 11th Place SW
There were no additional speakers, and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Davis, by a 4-1 vote (Chairman
O'Bryan opposed), the Board DENIED the proposed
Nuisance Abatement Special Assessment ordinance.
April 22, 2014 11
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM BILL RIGBYREGARDING THE KESSLER
CONSULTING, INC. PROJECT FOR SOLID WASTE PROCUREMENT SERVICES
Bill Rigby, 8465 59th Avenue, was joined by Ardra Rigby in his address to the Board.
The Rigby's voiced concerns, objections, and questions regarding a contract approved by the
Board on April 8, 2014 to piggyback Okaloosa County's Contract with Kessler Consulting, Inc.,
for the provision of solid waste procurement services.
Discussion followed between the Commissioners, staff, and the Rigby's.
No Board Action Required or Taken
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OFA REQUEST FOR A LOCAL JOBS GRANT BY PARTS
DISTRIBUTION COMPANY
The Chairman called a recess at 12:50 p.m., and reconvened the meeting at 1:03 p.m.,
with all members present.
Community Development Director Stan Boling presented the request for a local Jobs
Grant by a parts distribution company ("the Company") that is in the County. He revealed that
the company will hire thirteen (13) new employees and that it would qualify for up to $63,000
over a three-year period. Director Boling thereafter conveyed the recommendations of the
April 22, 2014 12
Economic Development Council (EDC) and staff for the Board to approve the Jobs Grant
Agreement.
Helene Caseltine Economic Development Director, Indian River Chamber of
Commerce, advised that the Jobs Grant applicant is in the aviation sector, and deals with
recertified airline parts She conveyed that the jobs pay a higher than average wage for the
County.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) a local jobs grant of up to $63,000 for the Company;
and (2) authorized the Chairman to execute the Jobs Grant
Agreement with the Company after approval of the
agreement by appropriate County staff and the County
Attorney's office, as recommended in the memorandum of
April 14, 2014.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. CONSIDERATION OF MEETING DATES FOR LAND DEVELOPMENT REGULATION
(LDR) AMENDMENTS TO ESTABLISH THE WEST GIFFORD (WGIC) SPECIAL
OVERLAY REGULATIONS
(Clerk's Note: This item was heard following Item 10.B.1. and is placed here for
continuity).
Chairman O'Bryan announced that dates and times need to be set for the required two
public hearings on the proposed Land Development Regulation (LDR) amendments to establish
the West Gifford (WGIC) Special Overlay Regulations.
April 22, 2014 13
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
to hold Public Hearing No. 1 at the regular Board of
County Commission meeting on Tuesday, May 13, 2014
at 9:05 a.m., and to hold Public Hearing No. 2 on
Tuesday, June 3, 2014 at 5:01 p.m.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12. C.1. HUMAN SERVICES - NONE
12. C.2. SANDRIDGE GOLF CLUB - NONE
12. C.3. RECREATION - NONE
12.D. HUMAN RESOURCES - NONE
12.E. OFFICE OF MANAGEMENT AND BUDGET
12.E.1. QUARTERLY BUDGET REPORT
This item was deferred to the May 6, 2014 County Commission meeting.
12.F. PUBLIC WORKS - NONE
April 22, 2014 14
12. G. UTILITIES SERVICES
12. G. 1. ALTERNATIVE WATER SUPPLY EVALUATION- WORK ORDER No. 11 WITH
CDM SMITH INC.
(Clerk's Note: Please see Item 14.B.1. for discussion and Board action).
13. COUNTY ATTORNEY MATTERS - NONE
14. COMMISSIONERS MATTERS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.A.1. LETTER OF SUPPORT FOR VETERANS NURSING HOME SITE SELECTION
Chairman O'Bryan asked his fellow Commissioners if they wanted to send a letter to
Commissioner Frannie Hutchinson, supporting St Lucie County and the City of Port St Lucie in
their efforts to build the State's seventh State Veterans Nursing Home in St. Lucie County.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
directed the County Attorney to draft a letter to
Commissioner Frannie Hutchinson, supporting St Lucie
County and the City of Port St Lucie in their efforts to
build the State's seventh State Veterans Nursing Home in
St Lucie County; and (2) authorized the Chairman to
execute same, as requested in the memorandum of April
14, 2014.
April 22, 2014 15
14 B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN
14.B.1. EMERGENCY ADDITION: REQUEST FOR FUNDING FOR A JURISDICTIONAL
SURFACE WATER MANAGEMENT PLAN
(Clerk's Note: This item was heard following Item 12.E.1, and was heard in conjunction
with Item 12. G.1. It is placed here for continuity).
Doug Bournique, Governing Board Member, St. Johns River Water Management
District (SJRWMD), spoke to the importance of developing a future surface water management
plan, and urged the Board to act while potential funding sources are available for Lagoon -related
projects.
Vice Chairman Davis mentioned that the Indian River Farms Water Control District
(IRFWCD) should be included in the scope of services in Work Order No. 11 (see Item 12.G.1.),
and stressed that the water project should be under the County's jurisdiction and encompass the
entire County. He also advocated the reconnection of the severed waterways between separate
water control districts.
Robert Adair Soil and Water Conservation District (SWCD) and the Agricultural
Advisory Committee (AAC) suggested that the scope of services be broadened to include water
for agricultural use, as well as potable surface water.
Alex Kromhout encouraged the Board to take the opportunity to improve the surface
water management process.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Flescher, to approve
Work Order No. 11 for Alternative Water Supply
Evaluation with CDM Smith, Inc., amending the Scope of
April 22, 2014 16
Work to include the Indian River Farms Water Control
District, and including analysis on banking water for
agricultural use, as well as potable surface water; and
requesting that CDM Smith, Inc. finish Phase 1 of Work
Order No. 11 as soon as possible.
Jill Grimaldi, Principal Scientist, CDM Smith, Inc. acknowledged that the basic
changes could be incorporated into the work order at no additional cost, and explained why the
total agricultural water analysis cannot be conducted in Phase I.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Commissioner Solari, to request funding
from the State for a Master Jurisdictional Countywide
Surface Water Management Plan incorporating every
drainage district in the County and a reconnection of the
severed waterways between separate water control
districts.
Mr. Bournique stated that he would be happy to hear the Board's request in front of his
committee.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
14. C. COMMISSIONER JOSEPH E. FLESCHER - NONE
April 22, 2014 17
14.D. COMMISSIONER BOB SOLARI
14.D.1. ALL ABOARD FLORIDA (AAF)
(Clerk's Note: This item was heard in conjunction with Item S.F. and is placed here for
continuity).
Commissioner Solari recalled that the Board had sent a letter dated May 10, 2013, to All
Aboard Florida (AAF) supporting the proposed high speed passenger rail project. He wondered
whether the Board would like to take formal action at the next meeting to rescind said letter.
Chairman O'Bryan suggested that Commissioner Solari bring this item back under his
matters at the May 6, 2014 County Commission meeting.
Additionally, Commissioner Solari wanted to ask the Florida Department of
Transportation to ensure that AAF implement and follow the federal regulations for sealed
corridors and the highest safety standards.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously directed the
County Attorney to draft a letter, and the Chairman to
execute same, to the Florida Department of Transportation
(FDOT) requesting that FDOT require All Aboard Florida
to adhere to the highest safety principles outlined in the
Federal Railroad Administration's report, including the
recommendation to follow "sealed corridor" guidelines.
14.E. COMMISSIONER TIMZORC
14.E.1. EMERGENCY ADDITION: UPDATE ON THE APRIL 17TH FLORIDA MUNICIPAL
POWER AGENCY MEETING
April 22, 2014 18
(Clerk's Note: This item was heard following Item 14.E and is placed here for
continuity).
Commissioner Zorc distributed copies of a letter (copy on file) that was sent by Florida
Power and Light (FPL) to City of Vero Beach Mayor Richard Winger regarding all of the
additional requirements that the Florida Municipal Power Agency (FMPA) is imposing as a
condition of the sale of the City of Vero Beach electric utility to FPL He felt that these latest
stipulations create obstacles that may hamper the sale. Commissioner Zorc wanted to see if
FMPA would provide a checklist of all the steps necessary to bring the sale to fruition. He also
disclosed that Commissioner Solari had written an email (copy on file) refuting FMPA's
allegations that citizen activist Glenn Heran is being paid for his efforts towards securing FPL
electric service for the residents who are on City electric.
No Board Action Required or Taken
14.E.2. EMERGENCY ADDITION: FY 2014-15 FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (FDEP) BEACH FUNDING ASSISTANCE
(Clerk's Note: This item was heard following Bern 14.A.1. and is placed here for
continuity).
Commissioner Zorc explained his request to send a letter encouraging the House of
Representatives to support the Senate's proposed allocation for statewide beach projects for
Fiscal Year 2014-2015. He noted that a special appropriation is needed to address the lack of
State reimbursement to the County for the construction of the Sector 3 Beach and Dune
Restoration Project between 2010 and 2012.
A brief discussion ensued about the County's ranking among all of the funding requests.
April 22, 2014 19
ON MOTION by Commissioner Zorc, SECONDED by
Commissioner Solari, the Board unanimously directed the
County Attorney to consult with Joe McCann, Ballard
Partners (the County's lobbyist), to draft a letter to the
relevant legislators in the Florida House of
Representatives requesting support for the Senate's
proposed appropriation for statewide beach projects for
Fiscal Year 2014-2015, as requested in the memorandum
of April 21, 2014.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 2:25 p.m.
April 22, 2014 20
ATTEST:
Jeffrey R. Smith, CPA, CGFO, CGMA Peter D. O'Bryan, Chairm
Clerk of Circuit Court and Comptroller
By. Lta.a,
Deputy Clerk
BCC/MG/2014Minutes
Approved JUN 0 3 2014
April 22, 2014 21