HomeMy WebLinkAbout04/03/2012 (2) MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
Oil TUESDAY, APRIL 3 , 2012 - 9 : 00 A.M.
�a
County Commission Chamber
Indian River County Administration Complex
180127t" Street, Building A
Vero Beach, Florida, 32960-3388
wwwarcgov, com
COUNTY COMMISSIONERS
Gary C . Wheeler, Chairman District 3 Joseph A. Baird , County Administrator
Peter D . O ' Bryan, Vice Chairman District 4 Alan S . Polackwich, Sr. , County Attorney
Wesley S. Davis District 1 Jeffrey K. Barton, Clerk to the Board
Joseph E. Flescher District 2
Bob Solari District 5
PAGE
L CALL TO ORDER 9 : 00 A.M.
2 . INVOCATION Officer Teddy Floyd, IRC Sheriff Office
3 . PLEDGE OF ALLEGIANCE Commissioner Joseph E . Flescher
4 . ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5 . PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Sebastian River High School Sharks
Girls Basketball — 2012 FHSAA Class 7A State Champions
B. Presentation of Proclamation Recognizing Clemens Bruns Schaub for
Outstanding Accomplishment
tow 142 PG 25
April 3 , 2012 Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
t
C. Presentation of Proclamation Honoring Springhill Suites as the Marriott
International 2011 Hotel of the Year 3
D. Presentation of Proclamation Designating the Month of April , 2012 , as
I . Child Abuse Prevention Month
6 . APPROVAL OF MINUTES
A. Regular Meeting of February 7 , 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Recognition of Sunny Award from the Editors of Sunshine Review
Honoring Indian River County for the County ' s Website Scoring an "A"
Transparency Grade Obtained by only 214 of more than 6 , 000 Websites
Ranked
5 - 6
Be Response from Florida Department of Transportation to March 16, 2012
Letter Requesting Time Extension for the Existing Grants for 66th Avenue
Project from SR-60 to 41 " Street 7- 10
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8. CONSENT AGENDA
A. Approval of Warrants and Wires — March 9 , 2012 — March 15 , 2012
(memorandum dated March 15 2012) 1148
Be Approval of Warrants and Wires — March 16 , 2012 — March 22 , 2012
(memorandum dated March 22 , 2012) 19-25
C . Indian River County Appointments to the Economic Opportunities Council
(EOC)
_ memorandum dated March 26 , 2012
D. Resolution Cancelling Taxes on Property Donated for Emergency Services
, . (memorandum dated March 23 , 2012) 28 - 33
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E . Recognition and Retirement Award Honoring Lynn Walsh on Her
Retirement from Indian River County Board of County Commissioners
Library. Services for_ Twenty Five Years -Service - 34- 35
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F. Recognition and Retirement Award Honoring Arthur W . Mayer on His
Retirement from Indian River County Board of County Commissioners
Department of General Services Parks Division for Twenty One VPars
Service ,*Ike
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Bfrot pip "S`
April 3 , 2012 Page 2 of 6
8 . CONSENT AGENDA PAGE
G. Recognition and Retirement Award Honoring Robert L . Bascombe on His
Retirement from Indian River County Board of County Commissioners
Department of General Services Parks Division for Fifteen Years Service 38 - 39
H. Authorization to Declare Tent Surplus and Transfer to the Indian River
County Sheriff' s Department
(memorandum dated March 19 2012) 4041
I. Mediated Settlement . William Keen
(memorandum dated March 27 , 2012) 4246
J. Miscellaneous Budget Amendment 009
(memorandum dated March 27 2012) 4749
K. Award of Bid No : 2012032 , 66th Avenue Roadway Improvements — Phase 2
(4th Street to 16th Street) IRC Project No . 9810B
(memorandum dated March 22 2012) 50-61
- - -
L. Work Order No . 1 with Dunkelberger Engineering and Testing, Inc . , 66th
Avenue Roadway Improvements — Phase 2 (4th Street to 16th Street) IRC
Project No . 9810B
(memorandum dated March 22 2012) 62-66
me M. Approval of Amendment # 1 to JMC Agreement for Custodial Services
(memorandum dated March 22, 2012) 67- 69
N. Request for the Board of County Commissioners to Enter into a Public
Transportation Supplemental Joint Participation Agreement (SJPA) with the
Florida Department of Transportation (FDOT)
(memorandum dated March 21 , 2012) 70 -79
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10 . PUBLIC ITEMS
A. PUBLIC HEARINGS
1 . Request for Authorization to Submit an FY 2012 Grant Application
for 49 USC Ch. 53 , Section 5307 Mass Transit Capital and
Operating Assistance
_(memorandum dated March 21 , 2012) 8049
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Legislative
c QK 14
2 PG 256
April 3 , 2012 Page 3 of 6
10. PUBLIC ITEMS PAGE
Be 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 90
2 . Request to Speak from Manuel Vieira Regarding Request for Time
to Make Repairs on Home Under Demolition Order 91
I Request to Speak from David W . Wallace, CD&M Associates,
LLC , Regarding Crystal Falls Demolition Lot 72 and 73 92
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4. Request to Speak from Stephanie Austin, Coalition for Health
Against Smart Meters_ 93
-
Co PUBLIC NOTICE ITEMS
None
K 11 . COUNTY ADMINISTRATOR MATTERS
None
12 • DEPARTMENTAL MATTERS
A• Community Development
None
Be Emergency Services
None
c • General Services
None
D • Human Resources
None
E • Human Services
None
SK 142 PG 257
April 3 , 2012 Page 4 of 6
12 . DEPARTMENTAL MATTERS PAGE
F, Leisure Services
None
G , Office of Management and Budget
1 . Property / Casualty Insurance 2012 - 13
(memorandum dated March 27 2012) 94- 101
He Recreation
None
I, Public Works
None
J, Utilities Services
1 . Approval of Sebastian Master Planned Sanitary Sewer System
Expansion to Central Avenue and Davis Street
(memorandum dated March 22 , 2012) 102- 104
13 . COUNTY ATTORNEY MATTERS
A. Demolition Liens
(memorandum dated March 20 , 2012) 105411
Be Request for Lease Extension from MWI Corporation
(memorandum dated March 27 , 2012) 112417
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C . City of Fellsmere Fire Hydrants
(memorandum dated March 27 , 2012) 118419
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14. COMMISSIONERS ITEMS
UNNUMMIUMN
A, Commissioner Gary C , Wheeler, Chairman
None
Be Commissioner Peter D. O ' Bryan, Vice Chairman
None
C , Commissioner Wesley S . Davis
A / None
�K IY2 �C �5' 8
April 3 , 2012 Page 5 of 6
14 . COMMISSIONERS ITEMS PAGE
D. Commissioner Joseph E . Flescher
None
E, Commissioner Bob Solari
1 . Florida Building Code
4 (memorandum dated March 28 , 2012) - - 120421
15. SPECIAL DISTRICTS AND BOARDS
A, Emergency Services District
None
Be Solid Waste Disposal District
1 . Electrical Power Line Relocation Agreement & Underground
Easement to Florida Power & Light
(- memorandum dated March 26 , 2012
- - - - - - - - - - 122430
Co Environmental Control Board
None
16 . ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based .
Anyone who needs a special accommodation for this meeting may contact the County ' s Americans with
Disabilities Act (ADA) Coordinator at (772) 2264223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www. irc ov . 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
a.
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 S: 00 . m.
14 2 PG
April 3 , 2012 Page 6 of 6
�� co
4� . G
JEFFREY K . BARTON
Clerk to the Board �LpRIpA
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
APRIL 3 , 2012
1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 1
3 . PLEDGE OF ALLEGIANCE. . * m 9 9 9 0 9 9 0 9 0 * 0 & * v 9 a a a 4 a 0 0 & & a & a a 0 a 0 a a 5 a 9 v v 9 0 0 0 0 * * 0 * 0 a * * 0 * 0 m m 0
m a 0 a 0 f a a 0 6 9 v 9 5 0 5 8 9 0 v 9 0 0 9 0 t a b 6 a * * a 9 0 0 0 v 0 0 a 9 9 9 0 1
4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS —NONE . . . . . . . . . . . . . . . . . . . . . . 2
5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 2
5 . A . PRESENTATION OF PROCLAMATION HONORING SEBASTIAN RIVER HIGH
SCHOOL SHARKS GIRLS BASKETBALL — 2012 FHSAA CLASS 7A STATE
CHAMPIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5 . B . PRESENTATION OF PROCLAMATION RECOGNIZING CLEMENS BRUNS SCHAUB
FOR OUTSTANDING ACCOMPLISHMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
5 . C . PRESENTATION OF PROCLAMATION HONORING SPRINGHILL SUITES AS THE
MARRIOTT INTERNATIONAL 2011 HOTEL OF THE YEAR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . 3
5 . D . PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL 2012 ,
AS CHILD ABUSE PREVENTION MONTH . v 0 & * 0 0 0 4 0 a 0 m 0 a a a 9 9 v 0
6 . APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
:. i42
PG 260
April 3 , 2012 1
6 . A . REGULAR MEETING OF FEBRUARY 7 , 2012 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 . A . RECOGNITION OF SUNNY AWARD FROM THE EDITORS OF SUNSHINE REVIEW
HONORING INDIAN RIVER COUNTY FOR THE COUNTY ' S WEBSITE SCORING AN
" A " TRANSPARENCY GRADE OBTAINED BY ONLY 214 OF MORE THAN 6 , 000
WEBSITESRANKED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 . B . RESPONSE FROM FLORIDA DEPARTMENT OF TRANSPORTATION TO MARCH 16 ,
2012 LETTER REQUESTING TIME EXTENSION FOR THE EXISTING GRANTS FOR
It 66T" AVENUE PROJECT FROM SR- 60 TO 411T STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 4
It
8 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 . A . APPROVAL OF WARRANTS AND WIRES - MARCH 9 , 2012 - MARCH 15 , 2012 . . . . . . . . . . . . . 5
8 . 13 . APPROVAL OF WARRANTS AND WIRES - MARCH 16 , 2012 - MARCH 22 , 2012 . . . . . . . . . . . 5
8 . C . INDIAN RIVER COUNTY APPOINTMENTS TO THE ECONOMIC OPPORTUNITIES
COUNCIL (EOC ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 . D . RESOLUTION CANCELLING TAXES ON PROPERTY DONATED FOR EMERGENCY
SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 6
8 . E . RECOGNITION AND RETIREMENT AWARD HONORING LYNN WALSH ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS LIBRARY SERVICES FOR TWENTY FIVE YEARS SERVICE . . . . . . . . . . . . . . . . . . 6
8 . F . RECOGNITION AND RETIREMENT AWARD HONORING ARTHUR W . MAYER ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF GENERAL SERVICES PARKS DIVISION FOR
TWENTY ONE YEARS SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 . G . RECOGNITION AND RETIREMENT AWARD HONORING ROBERT L . BASCOMBE ON
HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF GENERAL SERVICES PARKS DIVISION FOR
FIFTEEN YEARS SERVICE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 . H . AUTHORIZATION TO DECLARE TENT SURPLUS AND TRANSFER TO THE INDIAN
RIVER COUNTY SHERIFF ' S DEPARTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 . I . MEDIATED SETTLEMENT : WILLIAM KEEN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 . J . MISCELLANEOUS BUDGET AMENDMENT 009 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 8
142 PG 261
April 3 , 2012 2
8 . K . AWARD OF BID NO : 2012032 , 66TH AVENUE ROADWAY IMPROVEMENTS —
PHASE 2 ( 4TH STREET TO 16TH STREET) IRC PROJECT NO . 981 OB . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 8
8 . L . WORK ORDER NO . 1 WITH DUNKELBERGER ENGINEERING AND TESTING, INC . ,
66TH AVENUE ROADWAY IMPROVEMENTS — PHASE 2 (4TH STREET TO 16TH
STREET) IRC PROJECT NO . 9810B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 . M . APPROVAL OF AMENDMENT # 1 TO JMC AGREEMENT FOR CUSTODIAL SERVICES . . . . . . . 9
8 . N . REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
( SJPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) . . . . . . . . . . . . . . . . . 10
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES — NONE . . . . . . . . . . . . . . . . 10
10 . PUBLIC ITEMS , . 0 0 sea us as at as 0 0 as as 0 8 0 & & 0 * 0 9 9 9 0 as@ & @ * a 4 0 w as as a see sees 9 as at a@ 0 0 9 9 as a@ a am 0
0 * 9 0 0 0 & * & at & * * 9 1 a a 0 0 v 0 9 0 0 see a a 6 a 0 6 0 4 0 0 as 6 a 6 1 4 & 0 9 0 0 11
10 . A . PUBLIC HEARING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
l O . A . 1 . REQUEST FOR AUTHORIZATION TO SUBMIT AN FY 2012 GRANT APPLICATION
FOR 49 USC CH . 53 , SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING
ASSISTANCE , a 6 0 0 0 a v 6 a N 0 a 6 a a a a a a a 0 * a I a a 0 0 0 8 0 a 8 a 0 * a 0 9 f 0 * s a 0 a a 0
0 0 1 0 a 0 9 a a 0 a 0 P 0 0 0 a a a 0 * a e 0 6 0 11
10 . 13 . PUBLIC DISCUSSION ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 . 13 . 1 . REQUEST TO SPEAK FROM JOEL MOLINARI REGARDING BUILDING PERMIT FEES
AND CONTRACTOR LICENSING/UNLICENSED CONTRACTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 12
10 . B . 2 . REQUEST TO SPEAK FROM MANUEL VIEIRA REGARDING REQUEST FOR TIME TO
MAKE REPAIRS ON HOME UNDER DEMOLITION ORDER12
l O . B . 3 . REQUEST TO SPEAK FROM DAVID W . WALLACE , CD &M ASSOCIATES , LLC ,
REGARDING CRYSTAL FALLS DEMOLITION LOT 72 AND 73 . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 15
10 . B . 4 . REQUEST TO SPEAK FROM STEPHANIE AUSTIN , COALITION FOR HEALTH
AGAINST SMART METERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 . C . PUBLIC NOTICE ITEMS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 . COUNTY ADMINISTRATOR MATTERS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 20
12 . DEPARTMENTAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 20
12 . A . COMMUNITY DEVELOPMENT as NONE20
12 . B . EMERGENCY SERVICES as NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Oulu 142 PG 262
April 3 , 2012 3
4
,g
Y
12 . C . GENERAL SERVICES — NONE 20
12 . D . HUMAN RESOURCES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
3
12 . E . HUMAN SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
12 . F . LEISURE SERVICES NONE 20
12 . G . OFFICE OF MANAGEMENT AND BUDGET 20
120G • 1 PROPERTY 1 CASUALTY INSURANCE 2012 - 13 20
12 . H9 RECREATION NONE a 0 a 6 a 0 a 0 0 a 0 0 a 0 a a a 0 0 4 0 0 0 a f 8 0 a 4 6 6 a a v 6 v a v v a
a a 0 v 6 0 a v a 0 0 0 a 0 0 0 4 a a m 0 m 9 a a 0 m 9 a 0 0 a v a 0 a a e 0 a 1 0 4 8 6 a a 21
12 . I . PUBLIC WORKS NONE 21
12 . J . UTILITIES SERVICES 21
12 . J . 1 . APPROVAL OF SEBASTIAN MASTER PLANNED SANITARY SEWER SYSTEM
`t EXPANSION TO CENTRAL AVENUE AND DAVIS STREET . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 21
l
'rs
Be COUNTY ATTORNEY MATTERS 23
130A0 DEMOLITION LIENS
13 • B . REQUEST FOR LEASE EXTENSION FROM MWI CORPORATION . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 24
` 13 C . CITY OF FELLSMERE FIRE HYDRANTS 25
ii
14 . COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 . A . COMMISSIONER GARY C . WHEELER, CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 27
j 14 . 13 . COMMISSIONER PETER D . O ' BRYAN , VICE CHAIRMAN — NONE . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 27
14 . C . COMMISSIONER WESLEY S . DAVIS NONE 27
`.1 14 . D . COMMISSIONER JOSEPH E . FLESCHER — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
n
14 . E . COMMISSIONER BOB SOLARI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . • . . . . • • • . . . . . • . • . • . • . . . 27
n
x
140E91 * FLORIDA BUILDING CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
f
15 . SPECIAL DISTRICTS AND BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15 . A . EMERGENCY SERVICES DISTRICT — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
15 . B . SOLID WASTE DISPOSAL DISTRICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . • . . 27
15 . B . 1 . ELECTRICAL POWER LINE RELOCATION AGREEMENT & UNDERGROUND
t
EASEMENT TO FLORIDA POWER & LIGHT 28
' 15 . C . ENVIRONMENTAL CONTROL BOARD — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 28
.A
Fe
%e
16 . ADJOURNMENT . 9 9 v 1 9 4 1 9 a 9 a 0 a 6 f & 0 6 0 a a 0 d a 0 0 0 v 9 9 1 0
Y
PG 6
3
April 3 , 2012 4
: k
JEFFREY K. BARTON .:
Clerk to the Board FLoR1oA
April 3 , 2012
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Florida, on
Session at the County Commission Chambers , 1801 27th Street, Vero Beach, FlFl Peter n
Tuesday , April 3 , 2012 . Present were Chairman Gary C . Wheeler, Vice Chairman
' Brand Commissioners Wesley S . Davis , Joseph E . Flescher, and Bob Solari . Also
O yan,
nistrator Joseph A . B
present were County Admiaird, County Attorney Alan S . Polackwich, Sr . ,
and Deputy Clerk Maureen Gelfo .
1 . CALL TO ORDER
Chairman Wheeler called the meeting to order at 9 : 00 a. m .
2 . INVOCATION
Officer Teddy Floyd , Indian River County Sheriff' s Office , delivered the Invocation .
3 . PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag .
kw
414 1 &61
April 3 , 2012
` i
a
4. ADDITIONS/DELETIONS TO
THE AGENDA/EMERGENCY
ITEMS-NONE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as presented .
5• PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OFPROCLAIAIATIONHONORING SEBASTL4NRIVE
R HIGH
SCHOOL SHARKS GIRLS BASKETBALL - ZOI2 FHSAA CLASS 7A STATE
CHAMPIONS
VI Commissioner Flescher read and presented the Proclamation to members of the
Sebastian River High School Sharks Basketball Team, and coaches Michael Stutzke, Terri Am
Chris Jefferson, and Mia Johnson. y'
S. B. PRESENTATIONOFPROCLAMATIONRECOGNIZING CLEM
ENS BR UNS
SCHAUB FOR OUTSTANDINGACCOMPLISHVENT
Commissioner Davis read and presented the Proclamation to Clemens Bruns Schaub,
AIA, Principal Architect; Christine Pokorney, Senior Design Associate ; and Kathleen Yan e,
Architectural Team, of Clemens Bruns Schaub, AIA . Greg Burke, Architect, Board member of
Florida Association of Architects, and President, Treasure Coast Chapter of the American
Institution of Architects discussed some of the company ' s projects , achievements, and awards .
April 3 , 2012 W 14 2 PG
2
5. C. PRESENTATION OF PROCLAMATION HONORING SPRINGHILL SUITES AS
THE MARRIOTT INTERNATIONAL 2011 HOTEL OF THE YEAR
Vice Chairman O ' Bryan read and presented the Proclamation to Amy Selby , Director of
Sales , and Brenda Celano , Manager, of Springhill Suites by Marriott in Vero Beach.
S. D. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF APRIL
20129 AS CHILD ABUSE PREVENTIONMONTH
Commissioner Solari read and presented the Proclamation to Michelle King, Director of
Development ; Dee Shelton, Development Specialist ; Marta Schneider, Board Chair of Indian
River Division ; and Board members Amy Brunjes and Jeff Luther of the Children' s Home
Society of Florida.
6 . APPROVAL OF MINUTES
6.A. REGULAR MEETING OF FEBRUARY 79 2012
The Chairman asked if there were any corrections or additions to the minutes . There
were none .
ON MOTION by Vice Chairman O ' Bryan, SECONDED
by Commissioner Flescher , the Board unanimously
approved the minutes of the February 7 , 2012 meeting, as
written .
t ,
l42 PG 266
April 3 , 2012 3
14
7.
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RECOGNITION OF SUNNYAWARD FROM THE EDITORS OF SUNSHINE
REVIEW HONORING INDIAN RIVER COUNTY FOR THE COUNTY'S WEBSITE
SCORING AN "A " TRANSPARENCY GRADE OBTAINED BY ONLY214 OF
MORE THAN 6 000 WEBSITES RANKED
Noted for the record was the County ' s receipt of the Sunny Award acknowledging Indian
River County ' s website as being one of the most transparent government websites in America.
7 B. RESPONSE FROM FLORIDA DEPARTMENT OF TRANSPORTATION TO
MARCH 169 2012 LETTER REQUESTING TIMEEXTENSION FOR THE
EXISTING GRANTS FOR 66THAVENUE PROJECT FROMSR- 60 TO 41ST
STREET
Noted for the record was the letter from Stacy Miller Novello, Florida Department of
Transportation, advising that should the County be unable to execute the Transportation
Regional Incentive Grant (TRIP) Agreement by June 30th, the 66th Avenue Project would be
removed from the Adopted Work Program .
i
April 3 , 2012 4 142 PG 267
8 . CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES - MARCH 9 2012 - MARCH 159
2012
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 9 , 2012 to March 15 ,
2012 , as requested in the memorandum of March 15 ,
2012 .
8. B. APPROVAL OF WARRANTS AND WIRES - MARCH 16 2012 - MARCH 22
2012
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 16 , 2012 to March 22 ,
2012 , as requested in the memorandum of March 22 ,
2012 .
8. C. INDL4NRIVER COUNTYAPPOINTMENTS TO THE ECONOMIC
OPPORTUNITIES COUNCIL (EOC)
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the appointments of Ms . Anjam Cirillo , Ms . Jacqueline
ILI Warrior, Mr . Reuben Lane, and Ms . Linda McConkey to
a
BK 142 PG 268
April 3 , 2012 5
=a
7
the Economic Opportunities Council of Indian River
a
County, Inc . (EOC), as the elected officials ' designees for
a one-year term, as requested in the memorandum of
March 26, 2012 .
1
8. D. RESOL UTION CANCELLINGTAXES ONPROPERTYDONATED FOR
EMERGENCYSERVICES
, 1
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
Resolution 2012 -028 , cancelling certain taxes upon
r� publicly owned landsur
p suant to Section 196 . 28 , Florida
14 Statutes .
(Vero Beach Jaycees, Inc . for emergency services)
F
i
8. E. RECOGNITIONAND RETIREMENTAWARD HONORING LYNN WALSH ON
HER RETIREMENT FROMINDIANRIVER COUNTY BOARD OF COUNTY
COMMISSIONERS LIBRARYSER VICES FOR TWENTY FIVE YEARS SER VICE
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board approved the Retirement
Award honoring Lynn Walsh on her retirement from
Indian River County Board of County Commissioners
Library Services (North County Library) .
i 4 2 PG
April 3 , 2012 6 �K
9
8. F. RECOGNITIONANDRETIREMENTAWARDHONORINGARTHUR W. MAYER
ONHIS RETIREMENT FROMINDL4NRIVER COUNTYBOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF GENERAL SERVICES PARKS DIVISION
FOR TWENTY ONE YEARS SERVICE
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the Retirement Award honoring Arthur W . Mayer on his
retirement from Indian River County Board of County
Commissioners Department of General Services Parks
Division.
8. G. RECOGNITIONAND RETIREMENT AWARD HONORING ROBERT L.
BASCOMBE ON HIS RETIREMENT FROM INDMN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES PARKS
DIVISION FOR FIFTEEN YEARS SER VICE
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the Retirement Award honoring Robert L . Bascombe on
his retirement from Indian River County Board of County
Commissioners Department of General Services Parks
Division.
8, H, A UTHORIZATION TO DECLARE TENT SURPLUS AND TRANSFER TO THE
INDL4NRIVER COUNTYSHERIFF 'SDEPARTMENT
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously : ( 1 ) BK 1 4 2 PG 270
April 3 , 2012 7
x declared the Parks Division ' s 40 ' x 80 ' tent surplus ; and
(2) approved to give the subject tent to the Indian River
County Sheriff' s Department, as recommended in the
memorandum of March 19 , 2012 .
8. I. MEDIATED SETTLEMENT: WILLIAMKEEN
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the mediated settlement with William Keen, a Sheriff' s
Office Corrections Deputy, of $ 67 , 500 . 00 including
$ 10 , 875 . 00 in attorney ' s fees, as recommended in the
memorandum of March 27 , 2012 .
Me MISCELLANEOUS BUDGET AMENDMENT 009
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
Resolution 2012 -025 amending the fiscal year 2011 -2012
budget.
8. K. AWARDOFBIDNO: 2012032, 66THAVENUEROAD WAYIMPROVEMENTS -
PHASE 2 (4TH STREET TO 16TH STREET) IRCPROJECT NO. 9810E
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously : ( 1 )
approved that the project be awarded to Guettler Brothers
Construction, LLC in the amount of $ 7 ,498 , 095 . 00 ; and
(2) authorized the Chairman to execute the Agreement
BK 142 PG ' i
April 3 , 2012 8
with Guettler Brothers Construction, LLC , as
recommended in the memorandum of March 22 , 2012 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. L. WORK ORDER No. 1 WITHDUNKELBERGER ENGINEERINGAND TESTING,
INC. , 66THAVENUE R OAD WA Y IMPR 0 VEMENTS - PHASE Z (4TH STREET TO
161H STREET) IRCPROJECTNo. 9810B
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
and authorized the Chairman to execute Work Order No . 1
to Dunkelberger Engineering and Testing, Inc . ,
authorizing the professional services outlined in the Scope
of Services (Exhibit A) , for a not-to -exceed amount of
$ 85 , 497 . 00 , as recommended in the memorandum of
March 22 , 2012 .
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. M. APPROVAL OFAMENDMENT #1 TO JMCAGREEMENT FOR CUSTODL4L
SERVICES
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously accepted
and authorized the Chairman to execute Amendment No . 1
with JMC Services , Inc . , of Winter Park, Florida, for
additional custodial services in the Sheriff' s Human
Resources Modular Building & Work Force Solutions
K 142 PG 272
April 3 , 2012 9
r
office, as recommended in the memorandum of March 22,
' w 2012 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. N. REQUEST FOR THE BOARD OF COUNTY COMMISSIONERS TO ENTER INTO A
PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION
AGREEMENT (SJPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
Resolution 2012 -026 , authorizing the execution of a
Public Transportation Supplemental Joint Participation
Agreement with the Florida Department of Transportation .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
BK l 4 2 PGlf3
April 3 , 2012 10
,rr 10 . PUBLIC ITEMS
10.A. PUBLICHEARING
10.A. 1 . REQUEST FOR A UTHORIZATION TO SUBMIT AN FY 2012 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307MASS TRANSIT
CAPITAL AND OPERATING ASSISTANCE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Phil Matson, Metropolitan Planning Organization (MPO) Staff Director, presented the
Senior Resource Association' s ( SRA) request for the County to apply for the U . S . Department of
Transportation (DOT) Federal Transit Administration (FTA) Section 5307 funds . He explained
that as an urbanized area with a population below 200 , 000 , the County qualifies for the funds ,
which are used to sustain and expand the County ' s GoLine and Community Coach transit
systems . He thereafter requested that the Board approve the Resolution authorizing staff to file
the 2012 grant application for mass transit capital and operating assistance .
The Chairman opened the Public Hearing . There were no speakers and the Chairman
closed the Public Hearing .
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
Resolution 2012 -027, authorizing the filing of a FY 2012
Grant Application for 49 USC Ch. 53 , Section 5307 Mass
Transit Capital and Operating Assistance .
k
' `' BK 142 PG 274
April 3 , 2012 11
IO. B. PUBLIC DISCUSSIONITEMS
1 O. B. 1. REQUEST TO SPEAK FROM JOEL MOLINARI REGARDING BUILDING
PERMIT FEES AND CONTRACTOR LICENSING/UNLICENSED CONTRACTING
Mr. Molinari was absent .
10. B. 2. REQUEST TO SPEAK FROMMANUEL VIEIRA REGARDING REQUEST FOR
TIME TO MAKE REPAIRS ON HOME UNDER DEMOLITION ORDER
Manuel Vieira, 585 Reef Road, requested the Board suspend the demolition (approved at
the February 14 , 2012 Commission meeting) on two homes located at 6645 46th and 6655 46'
Drive (Lots 72 and 73 ) in the Crystal Falls subdivision. He stated that he and his business
partner, David Wallace, CD&M Associates, LLC , are ready to finish construction of the homes .
Community Development Director Bob Keating provided a brief history of the subject
properties . He stated that they had been started and abandoned, the neighbors were distressed
that they have remained in this condition for so long, and the property owners have had a
significant amount of time to initiate construction.
Building Official Jose Guanch noted that construction has been abandoned for about five
years and the owners have already been granted two extensions . He displayed photos as he
outlined the history and condition of the properties , and relayed the consensus of the Crystal
Falls Property Owners Association (POA) that the properties are unsightly and a safety hazard .
Chairman Wheeler asked Mr . Vieira to provide sufficient justification for the Board to
halt the demolition.
Mr. Vieira replied that he would like to finish the houses, he felt there were no safety
concerns , and he could apply for a building permit within the next few days .
on 42 PG 27
April 3 , 2012 12
we
David W. Wallace, 127 Keystone Drive, felt that a 30 -day extension would provide Mr .
Vieira and him with the necessary time to work on the two homes . He noted that builder Eli
Baron had expressed interest in finishing the properties .
Discussion arose about the possibility of Mr. Baron constructing the homes . Mr . Guanch
revealed that Mr . Baron had not expressed commitment to the project .
Becky Moon, Secretary of the Crystal Falls Property Owner ' s Association (POA) ,
advised that the POA had not received any plans from Messrs . Vieira and Wallace, and asked the
Board to proceed with the demolition of the properties .
Jim Sanford provided his analysis that building out the two structures would generate a
capital loss for the builder/s . He also mentioned that the buildings had received an exemption to
have less square footage than the other properties, and was uncertain whether this allowance
would remain with the property since the permits have expired .
Jay Allen , Chairman, Architectural Control Committee (ACC) , explained that the
exception in the square footage had been granted by the original developer, MGB , and when the
POA took over, they decided to allow the variance if construction of the two homes proceeded .
He said that the current owners were initially eager to build ; however, after three years , no plans
have been received by the ACC , and the POA must send violation letters to get the lawn mowed .
Leona Allen, former Secretary of the Crystal Falls POA (2005 — January 2012) provided
a description of the subject properties, followed by a chronological history of actions taken by
the County Building Department, the POA, and the homeowners to get the owners to finish
constructing the partially built structures . She stressed that the homeowners are upset by the
unsightliness , concerned about potential loss of home sales, feel they have waited long enough
for the structures to be built out, and believe the structures are now unsafe to build upon . She
142 PG 276
April 3 , 2012 13
1
urged the Board to stand by their February 14 , 2012 Motion approving demolition of the
structures .
Mr. Vieira asked the Board to give Mr. Wallace and him thirty days to take care of the
property . He also refuted that the property was dangerous .
Chairman Wheeler stated that the owners have had ample time to correct the issues with
the property, and saw no reason to give them additional time .
Vice Chairman O ' Bryan stated there was no concrete evidence indicating improvements
would commence on the properties ; thus , he could not support an extension.
MOTION WAS MADE by Vice Chairman O ' Bryan,
SECONDED by Commissioner Flescher, to deny Manual
Vieira ' s request .
Mr. Vieira and Mr. Wallace urged the Board to grant them the time to rebuild the
structures .
Vice Chairman O ' Bryan and Commissioner Flescher provided further reasons for their
support of the demolition of the structures .
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously . The Board denied Manual
Vieira ' s request for a time extension to make repairs on
two structures located at 6645 46`" Drive, and 6655 46th
Drive (Lots 72 and 73 ) , and approved to move forward
with the demolition of the subject structures .
ER 142 rK 277
April 3 , 2012 14
I & B. 3. REQUEST TO SPEAK FROMDAVID W. WALLACE, CD&MAssoclATEs,
LLC, REGARDING CRYSTAL FALLS DEMOLITIONLOf 72 AND 73
This item was heard in conjunction with Item 10 . B . 2 .
The Chairman called a recess at 10: 10 a. m. , and reconvened the meeting at 10 : 24 a. m. ,
with all members present.
10. 8. 4. RE UEST TO SPEAK FROMSTEPHANIE AUSTIN, COALITION FOR
HEALTHAGAINST SMART METERS
Stephanie Austin , 6250 Arrowhead Lane, Coalition For Health Against Smart Meters ,
read a statement opposing Florida Power and Light' s (FPL) program known as Smart Meter
Advanced Metering Infrastructure (AMI) deployment. She stated that the meters would be
emitting/receiving doses of non-thermal radiation, and was concerned about the impacts on
human health . She wanted to see FPL implement a fair opt out program that would not have a
punitive start up or monthly fee ; not allow large banks of smart meters on condominium or
apartment walls ; not be a one-time only mandate ; and would allow entire communities to opt out
and retain their analog meters . She thanked the Commissioners for their support at the February
145 2012 County Commission meeting of a smart meter opt out provision, and asked them to
approve a Resolution opposing forced smart meter deployment.
Val (inaudible surname) , observed that the human body cannot handle the ever increasing
onslaught of electromagnetic fields . She beseeched the Board to inform themselves about the
health effects of smart meters on the human body .
Suzanne Eovaldi, St. Lucie West, asserted that the Public Instruction Act portion of U . S .
Energy Policy Act of 2005 is not being followed by FPL, as some customers are unaware of the
smart meter installations . She declared that the smart meters are an invasion of privacy and a
health concern .
MAK 1 42 PG 278
April 3 , 2012 15
Bill (inaudible surname) , Sebastian, outlined concerns about violations of personal
privacy, loss of meter reader jobs , detrimental health impacts , and potential peak hour rate
increases . He urged the Board to protect the County ' s citizens .
Phyllis Frey, 275 Date Palm Road, considered the installation of the smart meters to be a
violation of individual freedom . She was concerned about FPL controlling residents ' energy
usage and imposing tariffs on peak use hours . She implored the Commissioners to seek a
mechanism for citizens to opt out of the smart meter mandate without penalty.
John Moler, St. Lucie West, maintained that smart meters are a violation of citizens '
rights to privacy within the home . He supported the development of a penalty-free opt-out
policy .
Janet Campbell, 188 Moccasin Trail , Jupiter, cited health and privacy issues in her
statement opposing the smart meters . She advised the Board to take this matter seriously .
Robert (surname inaudible), St . Lucie County, cited concerns about health issues, safety
(including fire hazards) , and invasions of privacy to support his request for a permanent opt out
policy from the smart meters .
Bea Gardner, Indian River County, requested that the Commission enact a Resolution
that would allow people to opt out of the smart meter program . She also wanted to see what
could be done to inform the public that they can have a smart meter removed if it has been
installed without their knowledge .
Matthew Rensen , Port St. Lucie, was concerned about FPL dictating the maximum
amount of energy that can be used by a household, and feared price spikes and pricing tiers
where people pay more for higher energy usage . He also objected to having in the home, the
new appliances that have the technology to communicate with the smart meters .
t 42 rb 279
April 3 , 2012 16
60
Chairman Wheeler asked Attorney Polackwich to clarify whether the Board has any legal
authority to address the residents ' concerns .
Attorney Polackwich explained that the Board has no authority to override the Public
Service Commission (PSC) , which through the Florida Statutes, has exclusive jurisdiction over
this matter . He stated that the Board can only express its concerns and ask for consideration
from the PSC , the Florida Legislature, or FPL .
Lisa (surname inaudible) , Port St Lucie, spoke about a rapid and severe deterioration of
health she had experienced after her neighbor' s smart meter was installed. She stressed that it is a
health risk, told of other communities where the smart meters were being removed, and urged the
Board to find a way for citizens to opt out .
Susan Keiffer, Sebastian, was concerned about the effects of radiation , especially on
children . She cited some studies showing that the waves emanating from the smart meters
destroy the molecular structure of water, which our bodies are primarily composed of. She
advised that Californians who requested smart meter removal had ended up being charged a
removal fee and a monthly tax, and said she would email the Commissioners a link to some
pertinent websites .
Gerrick Busl, Port St . Lucie, urged the Board to draft a Resolution suggesting that FPL
allow a permanent opt out from the smart meters . His primary concerns centered on privacy,
and FPL ' s monopoly .
Mary Burton , Ft. Pierce , voiced concerns about power bills tripling after the installation
of the smart meters and about the health impacts . She asked the Board if they could bring
another power company into the community and provide citizens with a choice .
Chairman Wheeler asked whether the County could legally start its own power company .
kw I BK
142 PG 280
April 3 , 2012 17
Attorney Polackwich responded that the County could not do so without revising or
breaching its exclusive long-term franchise with FPL .
Jodi Pacicca, 735 Broadway St . , Vero Beach, stated that some fires have been caused by
smart meters and the insurance companies have refused to cover the damages .
Barbara (surname inaudible) , Port St. Lucie, asserted that the smart meters were a
surveillance tactic .
Commissioner Davis did not foresee a problem with developing some type of non-
punitive opt out for those who do not want the smart meters .
Chairman Wheeler stressed that electric customers should have a choice about the smart
meters . He advocated that the Board draft a Resolution to the Public Service Commission urging
them to provide an opt out provision to the smart meter program .
MOTION WAS MADE by Commissioner Davis,
SECONDED by Chairman Wheeler, to direct staff to draft
a Resolution to the Florida Public Service Commission
(FPSC) requesting that Florida Power & Light ' s (FPL ' s)
electric utility customers be provided with the choice to
permanently opt out of the Smart Meter program .
Amy Brunies , Treasure Coast External Affairs Manager for Florida Power and Light
(FP &L) , reported that FPL is permitting people to temporarily opt out of the smart meter
installations until the current deployment concludes in 2013 . She emphasized that FPL is taking
customers ' concerns seriously, and exploring the health issues and other concerns brought to
their attention .
142 PG 281
April 3 , 2012 18
we Vice Chairman O ' Bryan advocated for an opt out policy without any type of penalty, in
order to give people a comfort level that they would not be forced into smart meter usage in the
future .
Ms . Brunjes requested that the Board allow FPL the time to develop a policy addressing
the needs of the entire service area.
(Clerk 's Note : Commissioner Davis left at 11 : 50 a. m. to attend another commitment and
returned at 1 : 30 p. m. )
Commissioner Flescher attested to his positive experience with a smart meter installation .
He did not believe the device was capable of surveillance in the home, and believed that the best
approach was to keep an open dialogue with FPL .
Commissioner Solari advocated preserving some aspects of private life and choices for
citizens . He supported the proposed Resolution providing for a permanent opt out from smart
meter installation .
The Chairman CALLED THE QUESTION, and by a 4 -0
vote (Commissioner Davis absent) , the Motion carried .
The Board directed staff to draft a Resolution to the
Florida Public Service Commission (FPSC) requesting
that Florida Power & Light' s (FPL ' s) electric utility
customers be provided with the choice to permanently opt
out of the Smart Meter program .
( Clerk 's Note : The Chairman called a recess at 11 ,& 59 a. m. The meeting was reconvened
and chaired by Vice Chairman O 'Bryan at 1 : 30 p. m. , with all members present (Commissioner
Davis returned at 1 : 30 p. m .), except for Chairman Wheeler, who was absent for the afternoon
session)
142 PG 282
April 3 , 2012 19
10. C. PUBLICNOTICE ITEMS - NONE
11 . COUNTY ADMINISTRATOR MATTERS - NONE
12 . DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT - NONE
12. 8. EEMERGENCYSERVICES - NONE
12. C. GENERAL SERVICES - NONE
12. D. HUMANRESOURCES - NONE
12. E. HUMANSER VICES - NONE
12. F. LEISURE SERVICES - NONE
12. G. OFFICE OFMANAGEMENTAND BUDGET
HAL PROPERTY/ CASUAL TYINSURANCE 201243
Management and Budget Director Jason Brown stated that Arthur J . Gallagher Risk
Management Services , Inc . (AJG) was selected last year as the insurance broker for a five-year
period, and that a new program is presented annually to the County . He reported that this year ' s
total coverage has increased from approximately $ 1 . 4 (last year) to $ 1 . 7 million; however, the
County will reap a savings of $ 375 , 000 through staff' s recommendation to reduce this year ' s
wind storm coverage from $ 50 million to $ 25 million. He pointed out that the financial data on
UX 1 4 2 PG 283
April 3 , 2012 20
page 95 of the agenda packet is missing the cost for Terrorism — Property and Terrorism —
Liability coverage, and that the total premium for excess coverage is $ 1 , 771 , 904 .
Discussion followed regarding the increased durability of the new structures and fire
stations built by the County since the 2004 -2005 storms .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, by a 4- 0 vote (Chairman Wheeler
absent) , the Board approved : ( 1 ) the renewal of the
County ' s property/casualty insurance with Arthur J .
Gallagher Risk Management Services , Inc . (AJG), with
excess property insurance limits of $25 million for named
storms and $ 150 million for other property losses ; and (2)
authorized staff to bind coverage for May 1 , 2012 through
April 30 , 2013 with a current annual premium of
$ 1 , 771 , 904 based upon the current schedule of values and
coverage selections , as recommended in the memorandum
of March 27 , 2012 .
12A. RECREATION - NONE
12.L PUBLIC WORKS - NONE
12. J. UTILITIES SERVICES
12. 11 . APPROVAL OF SEBASTL4NMASTER PLANNED SANITARY SEWER
SYSTEM EXPANSION TO CENTRAL A VENUE AND DA VIS STREET
Director of Utility Services Erik Olson provided background and analysis regarding the
County ' s master plan for sanitary sewer expansion within the City of Sebastian. He revealed
N 142 PG 284
April 3 , 2012 21
that the lack of sewer in certain areas has hindered commercial development . He thereafter
outlined the County ' s goals and objectives for the provision of sewer service into priority areas
in the north county, such as the commercial area of Central Avenue and Davis Street which is
currently under consideration.
Vice Chairman O ' Bryan wondered why the City Council of Sebastian had asked the
Board to eliminate all impact fees , yet they were requesting that the County subsidize the sewer
expansion project, which is funded from capital funds generated from impact revenues .
Al Minner, Sebastian City Manager, replied that he could not speak for the entire City
Council . He stressed that the overall issue was one of economic development, and getting the
infrastructure would enhance development, thus helping both municipalities by generating
property tax revenues . He also revealed that the City would be absorbing the costs for fixing up
the roads subsequent to the placement of the infrastructure .
Commissioner Solari confirmed with Director Olson that using fees on this project would
not jeopardize any other necessary capital project . He observed that needed infrastructure
improvements should be made, if the money is available .
Commissioner Davis relayed that the Sebastian Economic Development Committee had
suggested that an expanded sewer system would make it easier for individuals to initiate or grow
a business .
Commissioner Flescher stated he would support this item for the health, safety, and
welfare of the citizens of the north County .
Vice Chairman O ' Bryan thought it would be short sighted to eliminate impact fees , as
they provide funding for these types of projects .
April 3 , 2012 22 K 142 PG 285
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4- 0 vote (Chairman Wheeler
absent) , the Board approved : ( 1 ) the Sebastian Master
Planned Sanitary Sewer System Expansion to Central
Avenue and Davis Street Project in the amount of
$402 , 500 . 00 ; (2) found that the project is needed to
accommodate new growth in the County; (3 ) found that
new growth will proportionately benefit from the project;
and (4) authorized staff to proceed with design,
permitting, bidding and construction project management
of the project, as recommended in the memorandum of
March 22 , 2012 .
13 , COUNTY ATTORNEY MATTERS
13.A. DEmomnONLmNS
Deputy County Attorney William DeBraal provided background on two demolitions that
have been completed on dilapidated structures located at 4730 40th Avenue (formerly Gifford
Gardens ) , and 9250 E . Marsh Island Drive . He noted that the Marsh Island Property Owners
Association has contributed half the demolition cost for the Marsh Island Drive structure and
proffered staff' s recommendation for the Board to assess the liens in the amounts of $ 85 , 996 . 74
and $ 19 , 749 . 68 for the 40th Avenue and Marsh Island Drive structures , respectively .
No person of interest appeared to contest the lien amounts .
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, by a 4 - 0 vote (Chairman Wheeler
absent) , the Board approved the lien amounts of
$ 19 , 749 . 68 on property at 9250 E . Marsh Island Drive ,
owned by Paul Wayne and Shannon Yu-Hang Shoquist;
April 3 , 2012 23 BK 142 PG 286
and $ 85 , 996 . 74 on property located at 4730 40th Avenue,
owned by MNMB , LLC (and A TO Z HOME
MANAGEMENT, LLC) , and authorized the Chairman to
execute the liens for recordation in the public records, as
recommended in the memorandum of March 20 , 2012 .
Attorney Polackwich related that the old Gifford Gardens property is in the process of
being foreclosed on.
4
Commissioner Davis suggested that the County participate if a sale ensues on the
property.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13A REQUEST FOR LEASE EXTENSION FROMMWI CORPORATION
Attorney DeBraal provided background and analysis on the request of Moving Waters,
Incorporated (MWI) , to extend their lease agreement for a 20-acre site located at 7775 9th Street
SW, purchased from MWI by the County for a possible landfill expansion. He relayed that on
August 16 , 2011 the Board had approved a five-year lease extension with flexibility and had
indicated a willingness to extend the term for longer if MWI develops a definite plan to expand
its facility. He revealed that subsequent to that time, MWI has expressed interest in purchasing
an additional 10 acres (of the 20 acres) for expansion, and staff recommends the Board approve
the proposed lease extension until June 30 , 2012 , in order to continue negotiations between the
County and MWI .
Dana Eller, President, MWI, 201 North Federal Highway, Deerfield Beach, provided an
overview of MWI ' s long-term plans for expansion of their pump manufacturing/repair business,
and invited questions from the Board .
April 3 , 2012 24 OX 1 4 2 PG 287
Vice Chairman O ' Bryan wondered whether MWI and the County would have sufficient
time to complete negotiations by June 30, 2012 .
Commissioner Flescher suggested that the expiration date be changed to September 30 ,
2012 .
Commissioner Davis wanted to accommodate MWI ' s needs, but felt the County might
not want to tie up property so close to the landfill . He preferred exploring a long-term lease that
will work for MWI versus a purchase .
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman O ' Bryan, by a 4- 0 vote (Chairman
Wheeler absent) , the Board approved and authorized the
Chairman to execute the Agreement for Lease Extension,
amending the expiration date from June 30 , 2012 to
September 30 , 2012 , between Indian River County Solid
Waste Disposal District and Moving Waters Incorporated
(MWI Corporation) .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
Be C. CITY OF FELLSMERE FIRE HYDRANTS
County Attorney Alan S . Polackwich, Sr. , provided background on the County ' s
challenge to the City of Fellsmere ' s annual fire protection charge to the County of $ 225 per
hydrant. He stated that subsequent to a court decision to uphold the charge, he entered into
negotiations with Fellsmere ' s City Manager, Jason Nunemaker, to find a way to reduce costs for
County taxpayers . He advised that in the proposed agreement, the County would absorb
Fellsmere ' s hydrants into the County ' s hydrant maintenance program, for approximately $ 60 per
hydrant for maintenance, plus $ 51 per hydrant for Fellsmere ' s replacement and water capacity
8K 142 PG 288
April 3 , 2012 25
expenses , reducing the overall cost per hydrant from $225 to approximately $ 111 per hydrant .
He noted that if the Board approves the proposal in concept, Mr . Nunemaker will seek approval
from the City Council, after which the Board will be provided with a draft agreement for
consideration .
Commissioner Davis asked if it would be possible to have a similar arrangement with the
City of Vero Beach,
Attorney Polackwich explained why it was not feasible at this time .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, by a 4 - 0 vote ( Chairman Wheeler
absent) , the Board approved in concept the following
proposal :
( 1 ) The County Utilities Department will take over the
maintenance, inspection, and repair of Fellsmere ' s fire
hydrants , effectively absorbing Fellsmere ' s 117 hydrants
in the County ' s existing program for its own 4112
hydrants , with the estimated cost of serving Fellsmere ' s
hydrants $ 60 per hydrant to be billed to the Emergency
Services Department each year ;
(2) Fellsmere will retain ownership and responsibility for
replacement of its hydrants ;
(3 ) Emergency Services Department (ESD) will pay
Fellsmere $ 51 per hydrant per year for Fellsmere ' s cost of
replacing hydrants and of operating and maintaining the
capacity in its water system needed to supply the hydrants ;
and
(4) The arrangement will be set forth in a written
interlocal agreement between the City of Fellsmere and
811 142 PG 289
April 3 , 2012 26
the County, to become effective at the start of the next
fiscal year (October 1 , 2012) , if conceptually approved by
the Board and the Fellsmere City Council, all as stated and
recommended in the memorandum of March 27, 2012 .
14 . COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
14. 8. COMMISSIONER PETER D. O 'BRYAN, VICE CHAIRMAN - NONE
14. C. COMMISSIONER WESLEYS. DAVIS - NONE
14. D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14. E. COMMISSIONER BOB SOLARI
14. E. 1 . FLORIDA BUILDING CODE
Commissioner Solari read a segment of a letter from a homeowner who had updated his
air conditioning system and incurred additional costs for an unnecessary inspection that was
mandated by the updated Florida Building Code that went into effect on March 15 , 2012 . He
declared that this is an example of an irrational and unnecessary Code provision.
15 . SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SER VICES DISTRICT - NONE
15. B. SOLID WASTE DISPOSAL DISTRICT
BK 142 PG 290
April 3 , 2012 27
' s w
The Regular Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District . Those Minutes are available separately .
15AL ELECTRICAL POWER LINE RELOCATIONAGREEMENT &
UNDERGROUND EASEMENT TO FLORIDA POWER chic LIGHT
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 BCC meeting adjourned at
2 : 15 p . m .
ATTEST :
Jeffrey arton, Clerk Gary C . heeler, Chairman
Clerk of Circuit Court & Comptroller
Minutes Approved : JUN 0 5 2012
BCC/MG/2012 Minutes
142 PG 291
April 3 , 2012 28