Loading...
HomeMy WebLinkAbout05/01/2012 (3)COUNTY COMMISSIONERS Gary C. Wheeler, Chairman Peter D. O'Bryan, Vice Chairman Wesley S. Davis Joseph E. Flescher Bob Solari MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, MAY 1, 2012 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com District 3 District 4 District 1 District 2 District 5 Joseph A. Baird, County Administrator Alan S. Polackwich, Sr., County Attorney Jeffrey K. Barton, Clerk to the Board 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 9:00 A.M. Reverend Tom Harris, First Presbyterian Church Commissioner Wesley S Davis 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation on Mission Possible: Lagoon Rescue by Laurie Wykoff, Teacher and Todd Racine, Principal of Sebastian River Middle School B. Presentation of Proclamation Designating the Month of May as Civility Month May 1, 2012 PAGE 1 BK 142PG362 Page 1 of 7 5. PROCLAMATIONS and PRESENTATIONS PAGE C. Presentation of Proclamation Designating the Week of April 30 through May 5, 2012 as Law Week D. Presentation of Proclamation Designating May 6 — 12, 2012 as Public Service Recognition Week in Indian River County 2 3 E. Update Regarding Utility Billing Software by Cindy Corrente, Assistant Director of Utilities 4-5 6. APPROVAL OF MINUTES A. Regular Meeting of February 21, 2012 B. Regular Meeting of March 6, 2012 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Distinguished Budget Presentation Award Fiscal Year 2011/2012 (memorandum dated April 12, 2012) 6-8 B. Resignation of BCC Appointee to the Metropolitan Planning Organization Bicycle & Pedestrian Advisory Committee (memorandum dated April 17, 2012) 8. CONSENT AGENDA A. Approval of Warrants and Wires April 6, 2012 to April 13, 2012 (memorandum dated April 13, 2012) 9-10 11-18 B. Approval of Warrants and Wires April 14, 2012 to April 19, 2012 (memorandum dated April 19, 2012) 19-26 C. Florida Department of Revenue — Revenue Sharing Application for 2012-13 (memorandum dated April 25, 2012) 27-30 D. Indian River County Investment Advisory Committee Quarterly Investment Report for the Quarter Ending 03/31/2012 (memorandum dated April 25, 2012) E. OPEB Trust Report for the Period 10/01/11 through 03/31/12 (memorandum dated April 25, 2012) 31-43 44-46 Bk 142 PG 363 May 1, 2012 Page 2 of 7 8. CONSENT AGENDA PAGE F. Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund (memorandum dated April 25, 2012) 47-48 G. Quarterly Summary Report for Assessment of Additional Court Costs In Accordance with 318.18 (13) Florida Statutes (memorandum dated April 25, 2012) 49-50 H. Resolution Cancelling Taxes on Property Purchased (memorandum dated April 18, 2012) 51-57 I. Out of County Travel to attend the Florida Shore and Beach Preservation Association Conference (memorandum dated April 20, 2012) J. Application for Owner/Operator Tourist Accommodations Representative to the Tourist Development Council (memorandum dated April 23, 2012) 58-59 60-65 K. Federal Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Certificate of Participation (memorandum dated April 23, 2012) 66-76 L. HUD Grant Renewals for Supportive Housing Program Grants and Shelter Plus Care Grant (memorandum dated April 25, 2012) M. Work Order No. 1 Release of Retainage Indian River Survey, Inc. 8th Street (Glendale Road) Route Survey from 58th Avenue to 20th Avenue — IRC Project No. 1049 (memorandum dated April 23, 2012) 77-79 80-81 N. Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones Event to be held May 5, 2012 (memorandum dated April 12, 2012) 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 82-99 13 142 PG 364 May 1, 2012 Page 3 of 7 10. PUBLIC ITEMS PAGE A. PUBLIC HEARINGS 1. Request for Approval of an Ordinance Establishing an Alternative Method of Selling Real Property Through the Neighborhood Stabilization Program (NSP) (memorandum dated April 23, 2012) 100-108 Quasi -Judicial / Legislative B. PUBLIC DISCUSSION ITEMS Please give your name and address, and then give your remarks. Please try to limit your remarks to three minutes. 1. Request to Speak from Charlie Wilson representing Impact Fee Consultants Regarding Inaccurate Information Distributed by County Officials 109 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. B. C. Community Development 1. Request to Amend the Neighborhood Stabilization Program (NSP1) Community Development Block Grant Housing Assistance Plan (memorandum dated April 23, 2012) 110-131 Emergency Services None General Services None D, Human Resources None E. Human Services None BK 142 PG 365 May 1, 2012 Page 4 of 7 12. DEPARTMENTAL MATTERS PAGE F. Leisure Services None G. Office of Management and Budget None H. Recreation None Public Works 1. Civil Engineering and Land Surveying Agreement for Bridge Replacements and Widening of 66th Avenue from South of SR60 to North of 57th Street, Amendment No. 11 IRC Project No. 0545 (memorandum dated April 10, 2012) J. Utilities Services 1. Approval of Change Order No 1 to Agreement with Technical Electric Systems, Inc. for Installation of a New Muffler and Day Tank for the New Generator at the South RO Water Plant (memorandum dated April 16, 2012) 132-142 143-149 2. Highlands Manhole Repair on 21St Street SW at 4th Avenue SW (memorandum dated April 10, 2012) 150-153 13. COUNTY ATTORNEY MATTERS A. Extension of License Agreement with Sea Oaks Property Owners Association, Inc. (memorandum dated April 24, 2012) 154-164 B. St. Francis Manor of Vero Beach, Florida, Inc Lease Amendment (memorandum dated April 18, 2012) 165-171 14. COMMISSIONERS ITEMS A. Commissioner Gary C, Wheeler, Chairman None B. Commissioner Peter D. O'Bryan, Vice Chairman None BK 142 PG 366 May 1, 2012 Page 5 of 7 14. COMMISSIONERS ITEMS PAGE C. Commissioner Wesley S. Davis 1. Zoning Issue re Gymnastics at the Macho Building (memorandum dated April 25, 2012) D. Commissioner Joseph E. Flescher None E. Commissioner Bob Solari None 172-177 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 1. Approval of Minutes Meeting of February 21, 2012 B. 2. IAFF Local 2201 — Ratification of Article 18 of the Collective Bargaining Agreement between Indian River County and IAFF Local 2201 (memorandum dated April 23, 2012) Solid Waste Disposal District 1. Approval of Minutes Meeting of February 21, 2012 2. Financial Security for 1,500 Cubic Yards of Concrete from Indian River County Recyclers, LLC (memorandum dated April 23, 2012) C. Environmental Control Board None 16. ADJOURNMENT 178-187 • 188-197 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. BK 142PG367 May 1, 2012 Page 6 of 7 The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, the IRC Courthouse Law Library, and the North County Library Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5.00 p m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5.00 p.m. May 1, 2012 142 PG 368 Page 7 of 7 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS MAY1,2012 1 CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REPRESENTING IMPACT FEE CONSULTANTS REGARDING INACCURATE INFORMATION DISTRIBUTED BY COUNTY OFFICIALS 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION ON MISSION POSSIBLE' LAGOON RESCUE BY LAURIE WYKOFF, TEACHER AND TODD RACINE, PRINCIPAL OF SEBASTIAN RIVER MIDDLE SCHOOL 2 5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS CIVILITY MONTH 2 5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF APRIL 30 THROUGH MAY 5, 2012 AS LAW WEEK 3 5.D. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 - 12, 2012 AS PUBLIC SERVICE RECOGNITION WEEK IN INDIAN RIVER COUNTY May 1, 2012 1 3 BK 1it2 PG 369 5.E. UPDATE REGARDING UTILITY BILLING SOFTWARE BY CINDY CORRENTE, ASSISTANT DIRECTOR OF UTILITIES 3 6. APPROVAL OF MINUTES 4 6.A. MEETING OF FEBRUARY 21, 2012 4 6.B. MEETING OF MARCH 6, 2012 4 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 4 7.A. DISTINGUISHED BUDGET PRESENTATION AWARD FISCAL YEAR 2011-2012 4 7.B. RESIGNATION OF BCC APPOINTEE TO THE METROPOLITAN PLANNING ORGANIZATION BICYCLE & PEDESTRIAN ADVISORY COMMITTEE 5 8. CONSENT AGENDA 5 8.A. APPROVAL OF WARRANTS AND WIRES APRIL 6, 2012 TO APRIL 13, 2012 5 8.B. APPROVAL OF WARRANTS AND WIRES APRIL 14, 2012 TO APRIL 19, 2012 5 8.C. FLORIDA DEPARTMENT OF REVENUE - REVENUE SHARING APPLICATION FOR 2012-13 6 8.D. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING 03/31/2012 6 8 E OPEB TRUST REPORT FOR THE PERIOD 10/01/11 THROUGH 03/31/12 6 8.F. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND 7 8.G. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT COSTS IN ACCORDANCE WITH 318.18 (13) FLORIDA STATUTES 7 8.H. RESOLUTION CANCELLING TAXES ON PROPERTY PURCHASED 7 8.I. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION CONFERENCE 8 8.J. APPLICATION FOR OWNER/OPERATOR TOURIST ACCOMMODATIONS REPRESENTATIVE TO THE TOURIST DEVELOPMENT COUNCIL 8 8.K. FEDERAL FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION 9 142 PG 370 May 1, 2012 2 8 L HUD GRANT RENEWALS FOR SUPPORTIVE HOUSING PROGRAM GRANTS AND SHELTER PLUS CARE GRANT 9 8.M. WORK ORDER NO. 1 RELEASE OF RETAINAGE INDIAN RIVER SURVEY, INC. 8TH STREET (GLENDALE ROAD) ROUTE SURVEY FROM 58TH AVENUE TO 20TH AVENUE - IRC PROJECT NO. 1049 10 8.N. REQUEST FOR USE OF HOLMAN STADIUM FOR ANNUAL SAWBONES VS. JAWBONES EVENT TO BE HELD MAY 5, 2012 10 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11 10. PUBLIC ITEMS 11 10.A. PUBLIC HEARING(S) 11 10.A.1. REQUEST FOR APPROVAL OF AN ORDINANCE ESTABLISHING AN ALTERNATIVE METHOD OF SELLING REAL PROPERTY THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) (QUASI JUDICIAL / LEGISLATIVE) 11 10.B. PUBLIC DISCUSSION ITEMS 13 10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REPRESENTING IMPACT FEE CONSULTANTS REGARDING INACCURATE INFORMATION DISTRIBUTED BY COUNTY OFFICIALS - DELETED 13 10.C. PUBLIC NOTICE ITEMS - NONE 13 11. COUNTY ADMINISTRATOR MATTERS - NONE 13 12. DEPARTMENTAL MATTERS 13 12.A. COMMUNITY DEVELOPMENT 13 12.A.1. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) COMMUNITY DEVELOPMENT BLOCK GRANT HOUSING ASSISTANCE PLAN 13 12.B. EMERGENCY SERVICES - NONE 14 12.C. GENERAL SERVICES - NONE 14 12.D. HUMAN RESOURCES - NONE 14 12 E HUMAN SERVICES - NONE 14 12.F. LEISURE SERVICES - NONE 15 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 15 May 1, 2012 3 R2 PG 371 12.H. RECREATION - NONE 15 12.I. PUBLIC WORKS 15 12.I.1 CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO NORTH OF 57TH STREET, AMENDMENT NO. 11 IRC PROJECT NO. 0545 15 12.J. UTILITIES SERVICES 17 1211. APPROVAL OF CHANGE ORDER NO. 1 TO AGREEMENT WITH TECHNICAL ELECTRIC SYSTEMS, INC. FOR INSTALLATION OF A NEW MUFFLER AND DAY TANK FOR THE NEW GENERATOR AT THE SOUTH RO WATER PLANT 17 12.J.2. HIGHLANDS MANHOLE REPAIR ON 21ST STREET SW AT 4TH AVENUE SW 18 13. COUNTY ATTORNEY MATTERS 18 13.A. EXTENSION OF LICENSE AGREEMENT WITH SEA OAKS PROPERTY OWNERS ASSOCIATION, INC 18 13.B. ST. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. LEASE AMENDMENT 19 14. COMMISSIONER ITEMS 19 14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 19 14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN - NONE 19 14.C. COMMISSIONER WESLEY S. DAVIS 20 14.C.1. ZONING ISSUE RE GYMNASTICS AT THE MACHO BUILDING 20 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 21 14.E. COMMISSIONER BOB SOLARI - NONE 21 15. SPECIAL DISTRICTS AND BOARDS 21 15.A. EMERGENCY SERVICES DISTRICT 21 15.A.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 21, 2012 21 15.A.2. IAFF LOCAL 2201 - RATIFICATION OF ARTICLE 18 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY AND IAFF LOCAL 2201 21 15.B. SOLID WASTE DISPOSAL DISTRICT 21 15.B.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 21, 2012 22 May 1, 2012 4 42 PG 372 15.B.2. FINANCIAL SECURITY FOR 1,500 CUBIC YARDS OF CONCRETE FROM INDIAN RIVER COUNTY RECYCLERS, LLC 22 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22 16. ADJOURNMENT 22 May 1, 2012 5 BK 142 PG 373 JEFFREY K. BARTON Clerk to the Board May 1, 2012 REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on Tuesday, May 1, 2012. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D. O'Bryan, and Commissioners Wesley S. Davis, Joseph E Flescher, and Bob Solari. Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman Wheeler called the meeting to order at 9:00 a.m. 2. INVOCATION Reverend Tom Harris, First Presbyterian Church, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Davis led the Pledge of Allegiance to the Flag. May 1, 2012 1 RC 142 PG 374 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REPRESENTING IMPACT FEE CONSULTANTS REGARDING INACCURATE INFORMATION DISTRIBUTED BY COUNTY OFFICIALS ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION ON MISSION POSSIBLE: LAGOON RESCUE BY LAURIE WYKOFF, TEACHER AND TODD RACINE, PRINCIPAL OF SEBASTL4NRIVER MIDDLE SCHOOL Students introduced their "Mission Possible: Lagoon Rescue" project, explained the concerns over toxins in the lagoon, and cited proposed action plans and policies for cleaning and keeping the Indian River Lagoon healthy. Commissioners thanked the students for their presentation and concerns, and informed the students that the County has been, and will continue to be, actively engaged in a number of projects that remove nitrogen and phosphorous from the lagoon. S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS CIVILITY MONTH Commissioner Flescher read the Proclamation into the record. May 1, 2012 2 142PG375 5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF APRIL 30 THROUGH MAY 5, 2012 AS LAW WEEK Commissioner Solari read the Proclamation. Dillon Roberts, Law Week Committee Chairman and Associate with the law firm of Rossway, Moore, Taylor, and Swan, accepted the proclamation on behalf of all local attorneys. He provided the details of two local events offered by the Indian River County Bar Association: (1) Phone a Lawyer, where local residents have an opportunity to speak and address various issues with local attorneys, and (2) Meet a Lawyer, which provides local residents with an opportunity to interact with local attorneys. 5.D. PRESENTATION OF PROCLAMATION DESIGNATING MAY 6 -12, 2012 AS PUBLIC SERVICE RECOGNITION WEEK IN INDIAN RIVER COUNTY Chairman Wheeler read and presented the Proclamation to James Sexton, Human Resources Director who accepted the Proclamation on behalf of all public service employees who have dedicated their careers to serving citizens of Indian River County. Director Sexton provided current statistics regarding the County's public service tenured employees. 5.E. UPDATE REGARDING UTILITY BILLING SOFTWARE BY CINDY CORRENTE, ASSISTANT DIRECTOR OF UTILITIES Assistant Director of Utility Services Cindy Corrente provided an update and addressed Commissioners' questions regarding the utility billing software system and its success. May 1, 2012 3 142PG376 6. APPROVAL OF MINUTES 6.A. MEETING OF FEBRUARY 21, 2012 6.B. MEETING OF MARCH 6, 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 Davis, the Board unanimously approved the minutes of the February 21, 2012, and March 6, 2012 meetings, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. DISTINGUISHED BUDGET PRESENTATION AWARD FISCAL YEAR 2011- 2012 Management and Budget Director Jason Brown expressed that this year was the 21St consecutive year that the Indian River County Office of Management and Budget has received the Distinguished Budget Presentation Award. He thanked his staff and all the departments that continue to work with him and his staff on preparing the Budget. The Board offered positive remarks to staff on receipt of the award and kudos to the Clerk of Court's office for their quality of work and timeliness of financial information. May 1, 2012 4 EC 142PG377 7.B. RESIGNATION OF BCC APPOINTEE TO THE METROPOLITAN PLANNING ORGANIZATION BICYCLE & PEDESTRIAN AD VISOR Y COMMITTEE Noted for the record was the resignation of Libby Harrow as the Board of County Commissioners Appointee to the Metropolitan Planning Organization Bicycle and Pedestrian Advisory Committee, effective April 17, 2012. 8. CONSENT AGENDA 8.A. APPROVAL OF WARRANTS AND WIRES APRIL 6, 2012 TO APRIL 13, 2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of April 6, 2012 to April 13, 2012, as requested in the memorandum of April 13, 2012. 8.B. APPROVAL OF WARRANTS AND WIRES APRIL 14, 2012 TO APRIL 19, 2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of April 14, 2012 to April 19, 2012, as requested in the memorandum of April 19, 2012. May 1, 2012 5 BK 142PG378 8.C. FLORIDA DEPARTMENT OF REVENUE - REVENUE SHARING APPLICATION FOR 2012-13 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized the Chairman to execute the Florida Department of Revenue — State Revenue Sharing application, as requested in the memorandum of April 25, 2012. 8.D. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDING 03/31/2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Investment Advisory Committee Quarterly Report for January 1, 2012 through March 31, 2012, as recommended in the memorandum of April 25, 2012. 8.E. OPEB TRUST REPORT FOR THE PERIOD 10/01/11 THROUGH 03/31/12 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the quarterly Other Post Employment Benefits (OPEB) Trust Report for the period October 1, 2011 through March 31, 2012, as recommended in the memorandum of April 25, 2012. May 1, 2012 6 142 PG 379 8.F. DOM SLOSBERG DRIVER EDUCATION SAFETY ACT INDIAN RIVER COUNTY TRAFFIC EDUCATION PROGRAM TR UST FUND ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Report of the Indian River County Traffic Education Program from the inception of the $3 fee (October 1, 2002) through March 31, 2012, as recommended in the memorandum of April 25, 2012. 8.G. QUARTERLY SUMMARY REPORT FOR ASSESSMENT OF ADDITIONAL COURT COSTS IN ACCORDANCE WITH 318.18 03) FLORIDA STATUTES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the Assessment of Additional Court Costs Quarterly Summary Report for the quarter ending March 2012, as recommended in the memorandum of April 25, 2012. 8.H. RESOLUTION CANCELLING TAXES ON PROPERTY PURCHASED ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2012-035, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Jane Schnee, lift station serving Park Place Mobile Home Park, Barber Street) May 1, 2012 7 BK 142PG380 8.I. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA SHORE AND BEACH PRESERVATION ASSOCIATION CONFERENCE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved out of County travel for Commissioners and staff to attend the Florida Shore and Beach Preservation Association Conference in Naples, Florida, from Wednesday, September 26, 2012 through Friday, September 28, 2012, as recommended in the memorandum of April 20, 2012. 8.J. APPLICATION FOR OWNER/OPERATOR TOURIST ACCOMMODATIONS REPRESENTATIVE TO THE TOURIST DEVELOPMENT COUNCIL ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously accepted the nomination of Scott DiPietro to fill the Owner/Operator Tourist Accommodations Representative position, as requested in the memorandum of April 23, 2012. May 1, 2012 8 142PG381 8.K. FEDERAL FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) accepted the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement (FDLE) Edward Byrne Memorial Justice Assistance Grant (JAG) Program; (2) authorized the Board of County Commissioners Chairman to execute the Certificate of Participation naming Jason E Brown, Director, Management and Budget, as the contact person; (3) accepted the total grant amount of $71,497; (4) and directed the Substance Awareness Council Advisory Board to recommend a distribution of said funds among local applicants, all as recommended in the memorandum of April 23, 2012. B.L. HUD GRANT RENEWALS FOR SUPPORTIVE HOUSING PROGRAM GRANTS AND SHELTER PLUS CARE GRANT ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Housing and Urban Development (HUD) Renewal Agreements; authorized the Chairman to execute the renewal agreements; and allowed the Treasure Coast Homeless Services Council to submit the grant agreements on behalf of the County, as recommended in the memorandum of April 25, 2012. May 1, 2012 9 BK 142PG382 AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8.M. WORK ORDER NO.1 RELEASE OF RETAINAGE INDL4NRIVER SURVEY, INC. 8TH STREET (GLENDALE ROAD) ROUTE SURVEY FROM 58TH AVENUE TO 20TH AVENUE - IRC PROJECT NO. 1049 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved payment of Indian River Survey, Inc. Invoice No. 12- 0057 -Retainer, dated April 12, 2012, in the amount of $2,701.50 for release of retainage for Work Order No. 1, as recommended in the memorandum of April 23, 2012. B.N. REQUEST FOR USE OF HOLMANSTADIUM FOR ANNUAL SAWBONES VS. JAWBONES EVENT TO BE HELD MAY 5, 2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Indian River County Holman Stadium Use Agreement, and authorized the Chairman to execute and grant, with the Indian River County Bar Association, Inc. (the User Group), the request for waiver of the standard security deposit and deletion of the alcohol prohibition required under Section E of Exhibit 1 to the standard Stadium Use Agreement, as recommended in the memorandum of April 12, 2012. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD May 1, 2012 10 BK142 PG 383 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) 10.A.1. REQUEST FOR APPROVAL OF AN ORDINANCE ESTABLISHING AN ALTERNATIVE METHOD OF SELLING REAL PROPERTY THROUGH THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) (QUASI JUDICIAL / LEGISLATIVE) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD Community Development Director Robert Keating reviewed his memorandum dated April 23, 2012, providing description, conditions, and analysis regarding the proposed ordinance and how it would establish an alternative property disposition process for Neighborhood Stabilization Program (NSP) properties only. He reported that the Indian River County Housing Authority (HA) recently notified the County that it is terminating its NSP agreement with the County, and since staff had been and currently is administering the program, it will not be a problem, except with the issue that Florida Statute Chapter 125.35 requires that any sale of County owned property be through a competitive bid process. However, Counties may structure an alternative to the competitive bid process if they do so by Ordinance. He reviewed the proposed ordinance and said it would meet the requirements of Chapter 125.35 to establish an alternative process to the competitive bid requirement that the County is mandated to have. Responding to questions from the Board, Director Keating explained how his department would be managing the aspects of NSP and the criteria for purchasing foreclosed properties. May 1, 2012 11 MC 142 PG 384 The Chairman opened the Public Hearing. Bob Johnson, Coral Wind Subdivision, did not think the County should be involved in the real estate business, and believed the private sector should handle the program. He also wanted to know if this action would be indefinite. Director Keating said that staff would continue to implement the NSP, but did not know the exact length of time. He revealed that the County's contract with the State Department of Economic Opportunity ends in September, and believed the program would be implemented after that. There being no other speakers, the Chairman closed the Public Hearing. In response to Commissioner Davis's concerns, Director Keating explained why Habitat for Humanity is not participating in the resale of houses, and why the only option is for the County to take over the responsibility for the sales of NSP properties. Chairman Wheeler disagreed with the program and did not think the County should be participating in it. He felt this was another "bank bail-out" by the Federal Government for doing bad business. MOTION WAS MADE by Commissioner Solari, SECONDED by Vice Chairman O'Bryan, to approve staff's recommendation. Commissioner Davis believed there would be more opportunities to support the general public if the criteria were broadened regarding where NSP funds could be spent. May 1, 2012 12 X42 PG 385 The Chairman CALLED THE QUESTION and by a 3-2 vote (Commissioners Davis and Wheeler opposed), the Motion carried. The Board adopted Ordinance 2012-006, creating Part 2 of Chapter 308, Indian River County Neighborhood Stabilization Program (NSP) acquisition, rehabilitation, and sale process; providing for establishment of procedures for County acquisition, rehabilitation and sale of foreclosed or abandoned properties with NSP funds; and providing for repeal of conflicting provisions; codification; severability; and effective date. 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM CHARLIE WILSON REPRESENTING IMPACT FEE CONSULTANTS REGARDING INACCURATE INFORMATION DISTRIBUTED BY COUNTY OFFICIALS - DELETED Item deleted 10.C. PUBLIC NOTICE ITEMS NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. REQUEST TO AMEND THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP1) COMMUNITY DE VEL OPMENT BLOCK GRANT HO USING ASSISTANCE PLAN May 1, 2012 13 BIC 142PG386 (Clerk's Note: See Item 10.A.1. for related discussion.) Director Keating explained the proposed minor revisions to the Housing Assistance Plan (HAP) for the Neighborhood Stabilization Program (NSP), which will allow the County to manage the housing acquisition and resale program using the same staff and processes currently in place, but without the use of a sub -recipient. ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, by a 4-1 vote (Chairman Wheeler opposed), the Board approved the proposed changes to the Neighborhood Stabilization Program (NSP) Community Development Block Grant (CDBG) Housing Assistance Plan, and authorized the Chairman to execute the revised Housing Assistance Plan, as recommended in the memorandum of April 23, 2012. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Chairman called for a break at 10:23 a.m., and reconvened the meeting at 10:33 a.m., with all members present. 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.D. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE May 1, 2012 14 FE 142 PG 387 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12.H. RECREATION - NONE 12.1. PUBLIC WORKS 12.1.1 CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR 60 TO NORTH OF 57TH STREET, AMENDMENT NO. 11 IRC PROJECT NO. 0545 Public Works Director Chris Mora recalled that on March 13, 2012, Trillium residents voiced issues over the design of the median in front of their community on 66th Avenue, and the Board directed that a letter be sent to the Florida Department of Transportation (FDOT) requesting an extension of grant funds for the 66th Avenue widening project. Using an aerial map, he provided description, conditions, and funding information regarding staff's proposed design modifications and how the changes would address the residents' concerns. He also conveyed that FDOT consented to the change in schedule, and that the design change will delay the project about six months. Project Engineer Arjuna Weragoda explained the engineer's (Arcades US, Inc.) proposal for design changes, as listed on page 132 of the Agenda Packet. A lengthy discussion ensued regarding the widening of 66th Avenue to a four -lane or six - lane road the median width being reduced from 34 feet to 22 feet, the southbound lane being shifted 24 feet towards the east to provide for the median width reduction, installing a turn lane from the south to turn into Trillium, and costs associated with the project. BK 142 PG 388 May 1, 2012 15 Director Mora, continuing to use the aerial, proposed different scenarios by shifting the lanes and offering different size medians. Commissioner Flescher voiced concerns over 66th Avenue being six lanes, and wanted assurance that staff had reviewed all possibilities in creating a safe environment for residents. Commissioner Davis found that if the shift to the east is made (either 12 or 24 feet) there would need to be a transition north of 33rd Street to shift the roadway from a narrower median to a wider one, to ensure that the lanes line up properly. For the well-being of Trillium and Vista Plantation, Chairman Wheeler said he would like to see 66th Avenue shifted 24 feet to the east and become a four -lane road indefinitely. Vice Chairman O'Bryan felt it would make the most sense to keep 66th Avenue as four lanes from 33rd Street south, then start the transition to a 46 -foot wide median north of 33rd Street. Mr. Weragoda strongly urged the Board, if they make 66th Avenue four lanes, to shift the southbound lanes 24 feet to the east and keep the median 22 feet wide for safety reasons. He also indicated that there would be room within the right-of-way to add a southbound right turn lane into Trillium, which would not affect the sidewalk. Mike DeGeorge, President of Trillium Homeowners Association, preferred the 18 -foot median be constructed because it would line up with Vista Plantation, and he felt that every additional foot would enhance safety, quality of life, and home values. Mr. Weragoda reiterated why keeping the median at 22 feet wide would be safer than the requested 18 feet for the residents of Trillium. May 1, 2012 16 Bk 142 PG 389 ON MOTION by Vice Chairman O'Bryan, SECONDED by Chairman Wheeler, the Board unanimously approved and authorized the Chairman to execute Amendment No. 11, with Arcadis US, Inc. (formerly known as Arcadis G&M), with revisions to shift the southbound lanes of 66th Avenue a distance of 24 feet towards the east (between 26th and 33rd Streets), resulting in a median width of 22 feet and providing a southbound right -turn lane into the Trillium subdivision. Commissioners commended staff for their excellence and professionalism on this project. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.J. UTILITIES SERVICES 12..1.1. APPROVAL OF CHANGE ORDER NO. 1 TO AGREEMENT WITH TECHNICAL ELECTRIC SYSTEMS, INC. FOR INSTALLATION OF A NEW MUFFLER AND DAY TANK FOR THE NEW GENERATOR AT THE SOUTH RO WATER PLANT Director of Utility Services Erik Olson recapped his memorandum dated April 16, 2012, providing description, conditions, and analysis regarding the additional cost to the existing Agreement with Technical Electric Systems Inc. (TES) for the installation of a new muffler and day tank for the new generator at the South RO Water Plant. May 1, 2012 17 142 PG 390 ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the additional cost to install the new muffler, additional parts, and day tank to the existing Agreement with Technical Electric Systems, Inc. (TES); (2) approved Change Order No. 1; and (3) authorized the Chairman to execute same, all as recommended in the memorandum of April 16, 2012. CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12. J.2. HIGHLANDS MANHOLE REPAIR ON 21s7 STREET SWAT 4TH AVENUE SW ON MOTION by Vice Chairman O'Bryan, SECONDED by Commissioner Solari, the Board unanimously approved the repair of the manhole for labor and materials in the amount of $19,390.03, and authorized execution by the Chairman of Work Authorization No. 2010-006 for the Labor Contractor, Melvin Bush Construction, Inc., in the amount of $16,145.03, as recommended in the memorandum of April 10, 2012. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13. COUNTY ATTORNEY MATTERS 13.A. EXTENSION OF LICENSE AGREEMENT WITH SEA OAKS PROPERTY OWNERS ASSOCIATION, INC. May 1, 2012 18 BK 142 PG 391 ON MOTION by Commissioner Solari, SECONDED by Vice Chairman O'Bryan, the Board unanimously approved the proposed First Amendment of License Agreement (extending the agreement for ten years) with Sea Oaks Property Owners Association, Inc., and authorized the Chairman to execute it on behalf of the Board, as recommended in the memorandum of April 24, 2012. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.B. Sr. FRANCIS MANOR OF VERO BEACH, FLORIDA, INC. LEASE AMENDMENT ON MOTION by Commissioner Flescher, SECONDED by Vice Chairman O'Bryan, the Board unanimously approved the Sixth Amendment to the Lease authorizing St. Francis Manor to make apphcation to the City of Vero Beach for improvement permits, and authorized the Chairman to execute it on the Board's behalf, as recommended in the memorandum of April 18, 2012. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14. COMMISSIONER ITEMS 14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN NONE 14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN- NONE May 1, 2012 19 EIK 142 PG 392 14. C. COMMISSIONER WESLEY S. DAVIS 14. C.1. ZONING ISSUE RE GYMNASTICS AT THE MACHO BUILDING Commissioner Davis provided background regarding Jessica Slavin's request to relocate her gymnastics school, a small business, to the Macho Building, and addressed zoning issues. Attorney Polackwich reported that the property is currently zoned as Light Industrial District (IL), and the permitted uses currently do not allow gymnastics, dance studios, or similar uses. He disclosed that the Planning and Zoning Commission (PZC) is currently working on an amendment to the County Ordinance that would allow said uses in that district; however, he was concerned that if for some unforeseen reason the zoning ordinance were not changed, then Ms. Slavin would find herself with an inability to operate her facility on a permanent basis. Jessica Slavin, Fellsmere, said the owner of the building could not confirm if there was a compatible firewall in the building. Discussion ensued regarding staff and PZC having no objections to the zoning change, the risk to the applicant for moving forward without the approval of the zoning ordinance, and how the approval process could be expedited. Director Keating revealed that staff had planned to package this item with all the other LDR amendments that will be coming to the Board He anticipated scheduling a Public Workshop on the amendments on May 11, 2012, taking them to a formal PZC hearing on May 31, 2012, and bringing them to two public hearings, which could be the end of June or beginning of July. May 1, 2012 20 BK 142PG393 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously directed staff to move forward with the change in zoning. 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.E. COMMISSIONER BOB SOLARI - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT The Board reconvened as the Board of Commissioners of the Emergency Services District. Those Minutes are being prepared separately. 15.A.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 21, 2012 15.A.2. IAFFLOCAL 2201 RATIFICATION OF ARTICLE 18 OF THE COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY ANDIAFFLOCAL 2201 15.B. SOLID WASTE DISPOSAL DISTRICT The Board of Emergency Services District reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. May 1, 2012 21 8K 142 PG 394 15.B.1. APPROVAL OF MINUTES MEETING OF FEBRUARY 21, 2012 15.B.2. FINANCIAL SECURITY FOR 1,500 CUBIC YARDS OF CONCRETE FROM INDL4NRIVER COUNTYRECYCLERS, LLC 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 meeting adjourned at 11:27 a.m. ATTEST: , _ , , , . . -Th , C e Jaw c . - - Jeffrey K Barton, Gary C. heeler, Chairman Clerk of Circuit Court and Comptroller Minutes Approved: JUN 1 2 2012 BCC/LA/2012 Minutes May 1, 2012 22 142 PG 395