HomeMy WebLinkAbout05/15/2012 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 15, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Jeffrey R. Smith,
Chief Deputy Clerk of Circuit Court
Alan S. Polackwich, Sr., County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Certificates of Commendation for Indian River County
Sheriff's Office Deputies Adam Dean, Fletcher McClellan, and Erik
Hawkins
May 15, 2012
PAGE
1-3
BM 142 PG 429
Page 1 of 7
5. PROCLAMATIONS and PRESENTATIONS PAGE
B. Presentation of Proclamation Designating May 13 Through May 19, 2012 as
National Police Week 4
6.
C. Presentation of Proclamation and Retirement Award Honoring Robert
Komarinetz on His Retirement from Indian River County Board of County
Commissioners Department of General Services / Sandridge Golf Club for
Twenty -Five Years Service
5-6
APPROVAL OF MINUTES
A. Regular Meeting of March 13, 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires — April 27, 2012 to May 3, 2012
(memorandum dated May 3, 2012)
7-14
B. Release of Temporary Construction Easement — Davina Mobile Homes, Inc.
(memorandum dated May 9, 2012)
15-18
C. Resolution Cancelling Taxes on Property Acquired by Indian River County
for Public Purposes
(memorandum dated May 9, 2012)
19-25
D. Resolutions Cancelling Taxes on Properties Acquired by the Indian River
County Housing Authority for Public Purposes
(memorandum dated May 9, 2012)
26-37
E Proclamation and Retirement Award Honoring Barris Reddie on His
Retirement from Indian River County Board of County Commissioners
Department of Public Works Road and Bridge Division with Thirty -Four
Years of Service
38-39
F. Proclamation and Retirement Award Honoring Vicky Chandler on Her
Retirement from Indian River County Board of County Commissioners
Department of Public Works Road and Bridge Division with Twenty -Two
Years of Service
40-41
BM 142 PG 4.30
May 15, 2012 Page 2 of 7
8. CONSENT AGENDA PAGE
G. Sector 3 Beach and Dune Restoration Project Change Order #6 — Contract
Cost Reduction Ranger Construction Industries, Inc.
(memorandum dated May 4, 2012) 42-46
H. Change Order No. 1, 6th Avenue S.W Culvert Replacement north of 23rd
Street S.W , IRC Project No. 1136 — Bid No. 201033
(memorandum dated May 7, 2012)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
47-51
A. PUBLIC HEARINGS
1. County Initiated Request to Amend the Text of Several Elements
and Sub -Elements of the County's Comprehensive Plan
(memorandum dated April 30, 2012)
May 15, 2012
Legislative
52-121
BM 142 PG 431
Page 3 of 7
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
2. Orchid Quay, LLC; TC Property Venture, LLC; and William
Hunter's Request to Amend the Comprehensive Plan's Future Land
Use Map to Redesignate ± 28.56 Acres, Located Approximately
±900 feet South of C.R. 510 and East of 46th Avenue and U.S. #1,
From M-1, Medium -Density Residential -1 (up to 8 units/acre), to
C/I, Commercial/ Industrial; and Simultaneously Change the Land
Use Designation of ±9 21 Acres, Located South of C.R. 510, and
East of 46th Avenue, From CII, Commercial/Industrial, to M-1,
Medium Density Residential — 1 (up to 8 units/acre); and Change
the Land Use Designation of ±20.11 Acres, Located Approximately
±1300 Feet South of 65th Street and West of the FEC Railroad,
From C/I Commercial and Industrial, to L-2, Low Density
Residential -2 (up to 6 units/acre); AND to Rezone Approximately
±28.30 Acres, Located Approximately 900 Feet South of C.R. 510
and East of 46th Avenue and U.S. #1, From RM -6, Multi -Family
Residential District (up to 6 units/acre), to CG, General Commercial
District; to rezone ±0 26 Acres, Located Approximately ±74 Feet
East of U.S. #1 and South of 84th Street, From RS -6, Single -Family
Residential District (up to 6 units/acre), to CG, General Commercial
District; to rezone ±0 08 Acres, Located East of U.S. #1 and ±150
Feet South of 84th Street, from CL, Limited Commercial District, to
CG, General Commercial District; to rezone ±3 19 Acres, Located
South of C.R. 510, and ±600 Feet East of 46th Avenue, From OCR,
Office, Commercial, Residential District, to RM -6, Multi -Family
Residential District (up to 6 units/acre); to rezone ±6 02 Acres,
Located South of C R 510 and East of 46 h Avenue, from CG,
General Commercial District, to RM -6, Multi -Family Residential
District (up to 6 units/acre); to rezone ±13.71 Acres, Located East
of U.S. #1 and North of 82' Street, From OCR, Office,
Commercial, Residential District, to CG, General Commercial
District; and to rezone ±11.26 Acres, Located Approximately 1500
Feet East of U.S. #1 and North of 82°a Street, from RS -1, Single
Family Residential District (up to 1 unit/acre), to CON -2, Estuarine
Wetlands Conservation District (up to 1 unit/40 acres)
(memorandum dated April 30, 2012)
Legislative
3. Public Hearing, and final Consideration and Adoption of Proposed
Ordinance Amending Chapter 204 (Solid Waste Disposal) of the
IRC Code
(memorandum dated May 8, 2012)
122-224
225-250
Legislative
May 15, 2012
BK 142 PG 432
Page 4 of 7
10. PUBLIC ITEMS PAGE
B. PUBLIC DISCUSSION ITEMS
11.
None
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A. Community Development
1. Condemnation, Demolition and Removal of Unsafe Structures
(memorandum dated May 4, 2012) .251-260
B. Emergency Services
None
C. General Services
None
D.
Human Resources
None
E Human Services
None
F.
G.
H.
May 15, 2012
Leisure Services
None
Office of Management and Budget
1. Quarterly Budget Report
(memorandum dated May 9, 2012)
Recreation
None
261-271
8K 142 PG 433
Page 5 of 7
12. DEPARTMENTAL MATTERS PAGE
I, Public Works
None
J. Utilities Services
1. Change Order No. 2 to IRC Bid No. 2011022, Final Payment and
Release of Retainage to Tim Rose Contracting, Inc. for
Construction of Barrier Island Reclaimed Water System
(memorandum dated May 1, 2012)
272-278
2. North County Reverse Osmosis Water Treatment Plant Floridan
Aquifer Well Monitoring Program — Work Order No. 4 with CDMS
(memorandum dated May 7, 2012)
279-284
13. COUNTY ATTORNEY MATTERS
A. School District Resolution Directing the County to Place a Referendum on
the Primary Election Ballot
(memorandum dated May 10, 2012)
285-299
14. COMMISSIONERS ITEMS
A. Commissioner Gary C, Wheeler, Chairman
None
B. Commissioner Peter D. O'Bryan, Vice Chairman
None
C. Commissioner Wesley S. Davis
1. Request for Resolution
(memorandum dated May 10, 2012)
300-304
D. Commissioner Joseph E. Flescher
None
E.
Commissioner Bob Solari
1. Commissioner's Car Allowance
(memorandum dated May 9, 2012) 305
440
8R !42 PG 434
May 15, 2012 Page 6 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergency Services District
None
B. Solid Waste Disposal District
None
C.
Environmental Control Board
1. Approval of Minutes Meeting of March 13, 2012
2. Release of Lien — Gwinn, Inc. D/B/A/ Sunset Cafe and Vero Beach
Shopping Center Associates Limited Partnership Environmental
Control Hearing Board Case 488-11
(memorandum dated May 8, 2012)
16. ADJOURNMENT
306-313
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
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 15, 2012
8!{ 142 PG 435
Page 7 of 7
JEFFREY K. BARTON
Clerk to the Board
May 15, 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 15, 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
Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court and Comptroller, delivered the
invocation.
3. PLEDGE OF ALLEGIANCE
Attorney Polackwich led the Pledge of Allegiance to the Flag.
May 15, 2012 1
BK I42PG435
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 OF CERTIFICATES OF COMMENDATION FOR INDL4N
RIVER COUNTY SHERIFF'S OFFICE DEPUTIES ADAM DEAN, FLETCHER
MCCLELLAN, AND ERIK HAWKINS
Sheriff Deryl Loar read and presented the Certificates of Commendation to Deputies
Adam Dean, Fletcher McClellan, and Erik Hawkins, for their exemplary and courageous
activities on the evening of March 17, 2012, when confronted with an extremely dangerous event
in the Gifford community.
Gifford Business Alliance members Kenny Holmes and Wanda Scott recognized and
reiterated their gratitude to the deputies.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 13 THROUGH
MAY 19, 2012 AS NATIONAL POLICE WEEK
Chairman Wheeler read and presented the Proclamation to multi -agency law enforcement
representatives, in recognition of the designated May 15t" Peace Officers' Memorial Day, and
National Police Week.
May 15, 2012 2
BK 142 PG 437
5.C. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING
ROBERT KOMARINETZ ON HIS RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL
SER VICES / SANDRID GE GOLF CLUB FOR TWENTY-FIVE YEARS SERVICE
Chairman Wheeler read and presented the Proclamation to Robert Komarinetz.
6. APPROVAL OF MINUTES
6.A. MEETING OF MARCH 13, 2012
The Chairman asked if there were any corrections or additions to the minutes. There
were none
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman O'Bryan, the Board unanimously
approved the minutes of the March 13, 2012 meeting, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Commissioner Flescher requested to pull Item 8.G., and Vice Chairman O'Bryan
requested to pull Items 8 E and 8.F. from the Consent Agenda for discussion/comments.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Consent Agenda, as amended.
May 15, 2012 3
Bk 142 PG 438
8.A. APPROVAL OF WARRANTS AND WIRES - APRIL 27, 2012 TO MAY 3, 2012
ON MOTION by Vice Chairman O'Bryan, 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 27, 2012 to
May 3, 2012, as requested in the memorandum of May 13,
2012.
8.B. RELEASE OF TEMPORARY CONSTRUCTION EASEMENT - DAVINA MOBILE
HOMES. INC.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Release of Temporary Construction
Easement to Davina Mobile Home, Inc., and authorized
the Chairman to execute same on the Board's behalf, as
requested in the memorandum of May 9, 2012.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. RESOLUTION CANCELLING TAXES ON PR OPER TY A CQ UIRED BY INDIAN
RIVER COUNTY FOR PUBLIC PURPOSES
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2012-039, cancelling certain taxes
upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes.
May 15, 2012 4
BK 142 PG 439
(Indian River County Housing Authority to Indian River County Housing Authority
Neighborhood Stabilization Program [Housing and Economic Recovery Act of 2008], Indian
River County Ordinance No. 2012-006, Lot 13, Block T, Vero Lake Estates, Unit H-2, 9056
104th Avenue, Vero Beach, FL )
8.11 RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY THE
INDL4N RIVER COUNTY HO USING AUTHORITY FOR PUBLIC PURPOSES
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2012-040, cancelling certain taxes
upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes.
(Federal Home Loan Mortgage Corporation to Indian River County Housing Authority
Neighborhood Stabilization Program [Housing and Economic Recovery Act of 2008], Lot 15,
Block J, Stevens Park, Unit 1, 135 46th Avenue, Vero Beach, FL )
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Resolution 2012-041, cancelling certain taxes
upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes.
(Federal Home Loan Mortgage Corporation to Indian River County Housing Authority
Neighborhood Stabilization Program [Housing and Economic Recovery Act of 2008], Lot 213,
Waterford Lakes Subdivision, Phase III, 1100 W. 13th Square, Vero Beach, FL )
May 15, 2012 5
BK 142 P6 440
8.E. PROCLAMATION AND RETIREMENT AWARD HONORING BARRIS REDDIE
ON His RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE
DIVISION WITH THIRTY-FOUR YEARS OF SERVICE
Vice Chairman O'Bryan publicly recognized Barris Reddie for his thirty-four years of
service to the County.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Chairman Wheeler, the Board unanimously approved
the Proclamation honoring Barris Reddie on his retirement
from Indian River County Board of County
Commissioners Department of Public Works Road and
Bridge Division.
8.F. PROCLAMATION AND RETIREMENT AWARD HONORING VICKY CHANDLER
ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD AND BRIDGE
DIVISION WITH TWENTY-TWO YEARS OF SERVICE
Vice Chairman O'Bryan publicly recognized Vicky Chandler for her twenty-two years of
service to the County.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Chairman Wheeler, the Board unanimously approved
the Proclamation honoring Vicky Chandler on her
retirement from Indian River County Board of County
Commissioners Department of Public Works Road and
Bridge Division.
May 15, 2012 6
BIC 142 PG 4141
8. G. SECTOR 3 BEACH AND DUNE RESTORATION PROJECT CHANGE ORDER #6
CONTRACT COST REDUCTION RANGER CONSTRUCTION INDUSTRIES,
INC.
Pubhc Works Director Chris Mora provided background regarding the Sector 3 Beach
and Dune Restoration project, explained the details of Change Order No. 6, and responded to
Commissioner Flescher's questions and concerns over the issue that some of the subcontractors
had not received their fuel cost adjustments.
Coastal Engineer James Gray, Jr. reported that Ranger Construction Industries, Inc.
(Ranger) had submitted their final payment request for release of retainage and approximately
$450,000 would be retained until the issue can be brought before the Board for resolution.
Director Mora pointed out a provision in the contract where prior to releasing the
remaining funds for payment, staff requires a Release of Lien, which shows that all sub-
contractors have been paid, and once this is received from all the subcontractors, staff will
release the final payment. He revealed that all the subcontractors involved in the project had
submitted their Releases of Lien to staff, with the exception of Henry Fischer and Sons (Fischer),
who had been paid for the materials but not the fuel surcharge, which represents about $60,000.
Director Mora said that staff would be withholding this dollar amount from the final payment to
Ranger until Fischer's Release of Lien is received.
County Attorney Alan S. Polackwich, Sr. verified that the final payment could be held
until the conditions of the contract have been met. He also disclosed that Fischer could make a
claim on the payment portion of the Payment and Performance Bond if they so desired.
Chuck Kramer, Henry Fischer and Sons, thanked Attorney Polackwich for enforcing the
contract. He provided a brief history regarding the fuel cost adjustment that was requested and
granted by the Board of County Commissioners on March 15, 2011. He recalled that Bob
Schafer, Vice President of Ranger, had made a commitment at said meeting that everyone doing
BK 142 PG 442
May 15, 2012 7
the work would get paid, and therefore requested that the County hold the remaining funds to
Ranger to ensure that everyone doing the work receives payment.
Mr. Gray confirmed for Chairman Wheeler that all fuel adjustments to date have been
paid to Ranger, who in turn pays their subcontractors, who then pay their subcontractors.
Discussion ensued as to whether Ranger paid the fuel surcharges to Steve Smith of Ranch
Road Lake Mine (Ranch Road) instead of Fischer, and whether Mr. Smith still owed Fischer
Commissioner Solari stressed that before the $450,000 retainage is paid to Ranger, staff
should ensure that all Releases of Lien are received.
Chairman Wheeler summarized the Board's thoughts: (1) Ranger had a responsibility
and obligation to ensure that everyone was paid properly; (2) final payment to Ranger should be
held until the situation is resolved; (3) Ranger paid the full fee to Mr. Smith and Mr. Smith has
not yet paid Fischer their share; and (4) Ranger is on the hook for the $60,000 that they
distributed inappropriately to Mr. Smith.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman O'Bryan, the Board unanimously
approved Change Order No. 6, with the understanding that
staff will conduct further discussions with Bob Schafer,
Vice President of Ranger Construction Industries, Inc.,
before retainage is released.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. CHANGE ORDER NO. 1, 6TH AVENUE S. W. CULVERT REPLACEMENT
NORTH OF 23" STREETS. W., IRC PROJECT No.1136 - Bin No. 201033
May 15, 2012 8
IX 142 PG 443
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved Change Order No. 1, to Timothy Rose
Contracting, Inc., increasing the contract amount by
$18,958.90, and adding the additional 15 days to the
contract time, the new total contract amount will be
$183,344.85, as recommended in the memorandum of
May7,2012.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. COUNTYINITL4TED REQUEST TO AMEND THE TEXT OF SEVERAL
ELEMENTS AND SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE
PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating using a PowerPoint presentation (on
file), provided description, conditions, and analysis on the proposed request to amend the text of
numerous elements and sub -elements of the County's Comprehensive Plan. He also explained
the purpose of the text amendments and how updating the Comprehensive Plan would make it
May 15, 2012 9
B1( 142 PG 444
consistent with current state and local conditions. Director Keating stated that staff and the
Planning and Zoning Commission recommend the Board approve the text amendments by
adopting the proposed ordinance.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, questioned the monitoring of the Capital
Improvements Program (CIP), and wondered whether there would be a provision in the changes
that would increase the gas sales tax.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously adopted
Ordinance 2012-008, amending the Comprehensive
Plan's text of the introductory, Future Land Use, Housing
Economic Development, Conservation, and
Intergovernmental Coordination Elements, and the Solid
Waste and Stormwater Management sub -elements of the
County's Comprehensive Plan; and providing
codification, severability, and effective date.
The Chairman called for a break at 9:56 a.m., and reconvened the meeting at 10:04 a.m.,
with all members present.
May 15, 2012 10
{ 142 PG 445
10.A.2. ORCHID QUAY, LLC; TC PROPERTY VENTURE, LLC; AND WILLIAM
HUNTER'S REQUEST TO AMEND THE COMPREHENSIVE PLAN'S FUTURE
LAND USE MAP TO REDESIGNATE ± 28.56 ACRES, LOCATED
APPROXIMATELY±900 FEET SOUTH OF C.R. 510 AND EAST OF 46TH
AVENUE AND U.S. #1, FROM M-1, MEDIUM -DENSITY RESIDENTIAL -1 (UP
TO 8 UNITS/ACRE), TO C/I, COMMERCIAL/ INDUSTRIAL; AND
SIMULTANEOUSLY CHANGE THE LAND USE DESIGNATION OF±9.21
ACRES, LOCATED SOUTH OF CR. 510, AND EAST OF 46TH AVENUE, FROM
C/I, COMMERCIAL/IND USTRIAL, TO M-1, MEDIUM DENSITY RESIDENTL4L
-1 (UP TO 8 UNITS/ACRE); AND CHANGE THE LAND USE DESIGNATION
OF ±20.11 ACRES, LOCATED APPROXIMATELY +1300 FEET SOUTH OF
65TH STREET AND WEST OF THE FEC RAILROAD, FROM C/I,
COMMERCIAL AND INDUSTRIAL, TO L-2, LOW DENSITYRESIDENTL4L-2
(UP TO 6 UNITS/ACRE); AND TO REZONE APPROXIMATELY ±28.30 ACRES,
LOCATED APPROXIMATELY 900 FEET SOUTH OF C.R. 510 AND EAST OF
46TH AVENUE AND U.S. #1, FROM RM -6, MULTI -FAMILY RESIDENTIAL
DISTRICT (UP TO 6 UNITS/ACRE), TO CG, GENERAL COMMERCIAL
DISTRICT; TO REZONE ±0.26 ACRES, LOCATED APPROXIMATELY±74
FEET EAST OF U.S. #1 AND SOUTH OF 84TH STREET, FROM RS -6, SINGLE-
FAMILYRESIDENTL4L DISTRICT (UP TO 6 UNITS/ACRE), TO CG,
GENERAL COMMERCL4L DISTRICT; TO REZONE ±0.08 ACRES, LOCATED
EAST OF U.S. #1 AND ±150 FEET SOUTH OF 84TH STREET, FROM CL,
LIMITED COMMERCIAL DISTRICT, TO CG, GENERAL COMMERCIAL
DISTRICT; TO REZONE ±3.19 ACRES, LOCATED SOUTH OF C.R. 510, AND
±600 FEET EAST OF 46TH AVENUE, FROM OCR, OFFICE, COMMERCL4L,
RESIDENTIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL
May 15, 2012 11
BK !42 PG 446
DISTRICT (UP TO 6 UNITS/ACRE); TO REZONE ±6.02 ACRES, LOCATED
SOUTH OF C.R. 510 AND EAST OF 46TH AVENUE, FROM CG, GENERAL
COMMERCIAL DISTRICT, TO RM -6, MULTI -FAMILY RESIDENTIAL
DISTRICT (UP TO 6 UNITS/ACRE); TO REZONE ±13.71 ACRES, LOCATED
EAST OF U.S. #1 AND NORTH OF 82ND STREET, FROM OCR, OFFICE,
COMMERCIAL, RESIDENTIAL DISTRICT, TO CG, GENERAL COMMERCIAL
DISTRICT; AND TO REZONE ±11.26 ACRES, LOCATED APPROXIMATELY
1500 FEET EAST OF U.S. #1 AND NORTH OF 82ND STREET, FROM RS -1,
SINGLE FAMILYRESIDENTIAL DISTRICT (UP TO 1 UNIT/ACRE), TO CON -
2, ESTUARINE WETLANDS CONSERVATION DISTRICT (UP TO I UNIT/40
ACRES) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Commissioner Solari announced that due to a conflict of interest, he would be abstaining
from voting on this item.
Director Keating noted that this is a Land Use Plan Map Amendment, and the second of
two Comprehensive Plan Amendment Public Hearings. He said the Land Use Amendment
involves three separate properties on two different sites - two of the properties are proposed to be
changed from Commercial/Industrial to Residential and one from Residential to
Commercial/Industrial. Using a PowerPoint presentation (on file), he recapped past actions,
outlined the details of the Comprehensive Plan amendment changes, explained the rezoning of
the parcels, discussed the impact of the land use pattern for the swap of property, and specified
that from a concurrency standpoint, the yield from the various properties will be a lessening of
intensity. Director Keating also spoke to the compatibility of the subject properties, addressed
environmental impacts that have already occurred, noted that all proposed changes are consistent
May 15, 2012 12
81( 142 PG 447
with the Comprehensive Plan, and recommended the Board adopt the proposed ordinances for
approval of the proposed future land use map amendment and rezoning.
The Chairman opened the Public Hearing.
Joseph Paladin, President of Black Swan Consulting, expressed that he is anxious about
moving forward with this project, serious about making the project something the entire County
can be proud of, and revealed that all financing is currently in place. He also pointed out that
there is nothing that the County has requested that he has not agreed to do.
Christopher Marine, Gould Cooksey Fennell, P.A., representing the owners of the
commercial site located at the northwest corner of said property, conveyed that there are a host
of adverse conditions on the site which eliminates their ability to sell or develop the property
and as of this morning, there is a commitment and agreement with Mr. Paladin to work together
to correct earlier concerns.
Vice Chairman O'Bryan was pleased that everyone was working together, but was
concerned over a couple of individual property owners. He hoped that the applicant would work
things out with those individuals.
Thomas Farnsworth, Jr., Indian River Shores representing one of the principals of the
•
group that owns the property along CR510, was very pleased that an agreement was reached this
morning. He voiced concerns over agreements that were made years ago pertaining to
restrictions on the property, and an easement and road that runs through the property.
A brief discussion ensued regarding the access road for ingress and egress.
Director Keating stated that currently 46th Avenue is an unpaved road, and that last year
the Board of County Commissioners abandoned the right-of-way, but retained an easement over
46th Avenue until the internal project roads were accepted by the County. He conveyed that staff
8K 142 PG 448
May 15, 2012 13
had spoken with the representative of the applicant, and did not believe it would be too difficult
to make the necessary improvements.
Donald Proctor believed that it took a cooperative effort in resolving the problems.
Mike Ray, 440 Greystone Court, property owner to the west of subject property, sought
and received information regarding the process of the land swap, proposed improvements, and.
zomng the site.
Jim McAlhany, 4625 84th Street, property owner of a 3.2 -acre triangular piece of
property on US 1, asked if he could apply for an exchange of use so he can zone his property as
commercial.
Director Keating directed Mr. McAlhany to bring his request to staff after he meets with
the applicant (Mr. Paladin).
Ken Kennedy, Kennedy Holdings, property owner in the subject area, voiced his support
for the land use change and the proposed project.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board, by a vote of 4-0
(Commissioner Solari abstained) adopted Ordinance
2012-009, amending the future Land Use Map by
changing the land use designation for ±28.56 acres,
located approximately 900 feet south of C.R. 510 and east
of 46th Avenue and U.S. #1, from M-1, Medium -Density
Residential -1 (up to 8 units/acre), to C/I Commercial/
Industrial; and simultaneously changing the Land Use
May 15, 2012 14
BK 1 4 2 PG 449
Designation of ±9 21 acres, located south of C.R. 510, and
east of 46th Avenue, from C/I, Commercial/Industrial, to
M-1, Medium Density Residential — 1 (up to 8 units/acre);
and changing the Land Use Designation of ±20.11 Acres,
located approximately ±1300 feet south of 65th Street and
west of the FEC Railroad, from C/I, Commercial and
Industrial, to L-2, Low Density Residential -2 (up to 6
units/acre), and providing codification, severability, and
effective date.
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board by a vote of 4-0
(Commissioner Solari abstained) adopted Ordinance
2012-010, amending the Zoning Ordinance and Zoning
Map for ±28.30 acres, located approximately 900 feet
south of C.R. 510 and east of 46th Avenue and U.S. #1,
from RM -6, Multi -Family Residential District (up to 6
units/acre), to CG, General Commercial District; ±0 26
acres, located approximately 74 feet east of U.S. #1, and
south of 84th Street, from RS -6, Single -Family Residential
District (up to 6 units/acre), to CG, General Commercial
District; ±0 08 acres, located east of U.S. #1 and ±150 feet
south of 84th Street, from CL, Limited Commercial
District, to CG, General Commercial District; ±3 19 acres,
located south of C.R. 510, and ±600 feet east of 46th
Avenue, from OCR, Office, Commercial, Residential
District, to RM -6, Multi -Family Residential District (up to
6 units/acre); ±6 02 acres, located south of C.R. 510 and
east of 46th Avenue, from CG, General Commercial
District, to RM -6, Multi -Family Residential District (up to
May 15, 2012 15
8I{ 142 PG 450
6 units/acre); ±13.71 acres, located east of U.S. #1 and
north of 82nd Street, from OCR, Office, Commercial,
Residential District, to CG, General Commercial District,
and ±11.26 acres, located approximately 1500 feet east of
U.S. #1 and north of 82nd Street, from RS -1, Single Family
Residential District (up to 1 unit/acre), to CON -2,
Estuarine Wetlands Conservation District (up to 1 unit/40
acres); and providing codification, severability, and
effective date.
FORM 8B, MEMORANDUM OF VOTING CONFLICT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
10.A.3. PUBLIC HEARING, AND FINAL CONSIDERATION AND ADOPTION OF
PROPOSED ORDINANCE AMENDING CHAPTER 204 (SOLID WASTE
DISPOSAL) OF THE IRC CODE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Attorney Polackwich reviewed his memorandum of May 8, 2012, recalling that on April
10, 2012 the Board of County Commissioners preliminarily considered a proposed ordinance
that would amend Chapter 204 of the Indian River County Code. He explained that the
amendments relate to processors of Construction and Demolition (C&D) debris, recyclable
materials, and the haulers of C&D materials. He thereafter discussed and analyzed the financial
impact to the changes, and expressed that he believes the ordinance would provide the
fundamental requirements for a workable system.
May 15, 2012 16
Bit 14 2 PG 45 I
The Chairman opened the Public Hearing; there being no speakers, the Chairman closed
the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Ordinance 2012-011, amending and adding various
sections of Chapter 204 (Solid Waste Disposal) of the
Code of Indian River County* eliminating the requirement
that processors of Construction and Demolition Debris
("C&D materials") or recyclable materials obtain a
franchise; simplifying the process for granting non-
exclusive construction and demolition debris franchises to
persons who collect or transport C&D materials for profit
("C&D Haulers"); and requiring processors of C&D
materials to collect a franchise fee from C&D haulers, and
to remit the fee to the Solid Waste Disposal District or
appropriate Municipality; making findings; and providing
for severability, codification, and an effective date.
10.B. PUBLIC DISCUSSION ITEMS- NONE
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
May 15, 2012 17
Et 142 PG 452
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONDEMNATION, DEMOLITION AND REMOVAL OF UNSAFE
STRUCTURES
Building Official Jose Guanch described the unsafe structures located at 8640 9211"
Avenue in Vero Lake Estates, and 4765 34th Avenue in Smith Plaza Subdivision. He requested
the Board declare them unsafe and a nuisance, and order them demolished with related debris
removed from the property by a private vendor.
Charles Johnson asked the Board for a three-month extension on the demolition of the
structure located at 4765 34th Avenue so he can bring it up to code.
Commissioner Davis suggested giving Mr. Johnson a three-month extension, and if there
is no action at the end of that time period, then the County will move forward with the
demolition.
Mr. Johnson reasoned that if he cannot handle the situation, he will apply for a permit to
tear the structure down.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Solari, the Board unanimously:
(1) authorized Charles Johnson three months to show
improvement on the property located at 4765 34th Avenue
or staff will move forward with the demolition; and
(2) approved Resolution 2012-042, providing for the
demolition of unsafe structures and the recovery of costs.
May 15, 2012 18
BK 142 PG 453
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12.G.1. QUARTERLY BUDGET REPORT
Management and Budget Director Jason Brown presented the Board with the Budget
Report for the second quarter of Fiscal Year 2011-2012 (pages 262 through 271 of the Agenda
Packet).
12.H. RECREATION NONE
12.L PUBLIC WORKS - NONE
12.1 UTILITIES SERVICES
12.11. CHANGE ORDER No. 2 TO IRC BID Na 2011022, FINAL PAYMENT AND
RELEASE OF RETAINAGE TO TIM (TIMOTHY) ROSE CONTRACTING, INC.
FOR CONSTRUCTION OF BARRIER ISLAND RECLAIMED WATER SYSTEM
May 15, 2012 19
BI{ I42 PG 454
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved Change Order No. 2 with Timothy Rose
Contracting, Inc., for a contract deduction in the amount
of $8,169.75 to $860,816.50; (2) approved final payment
and release of retainage in the amount of $43,040.80; (3)
found that the project is needed to accommodate new
growth in the County; (4) found that new growth will
proportionately benefit from the project; (5) approved the
project; and (6) authorized the Chairman to execute same,
all as recommended in the memorandum of May 1, 2012.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. NORTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT,
FLORIDAN AQUIFER WELL MONITORING PROGRAM- WORK ORDER No.
4 WITH CDMS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
Work Order No. 4 with Camp Dresser McKee Smith
(CDMS), in the amount of $25,000, and authorized the
Chairman to execute the same, as presented, and as
recommended in the memorandum of May 7, 2012.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 15, 2012 20
8K 142 PG 455
13. COUNTY ATTORNEY MATTERS
13.A. SCHOOL DISTRICT RESOLUTION DIRECTING THE COUNTY TO PLACE A
REFERENDUM ON THE PRIMARY ELECTION BALLOT
Assistant County Attorney Brooke W. Odom recapped her memorandum dated May 10,
2012. She provided background on the School District Resolution (Resolution 2012-07) which
directs the Board of County Commissioners to call for an election which will place a referendum
on the August 14, 2012 Primary election ballot, where electors within the School District can
vote on the approval of an additional ad valorem millage of 0.60 mill for four (4) years, to be
used for essential operating purposes of the School District.
In response to the Commissioners, Attorney Odom explained that this is coming before
the Board of County Commissioners because Section 1011.73(2) of the Florida Statutes states
that the School Board is supposed to pass a resolution that directs the County to call an election
to place it on the ballot. She further clarified that the referendum is being put on the Primary
election ballot so there will be no additional expenses incurred for holding an election. She also
pointed out that the Supervisor of Elections had stated that putting this on the Primary election
ballot will reach everyone, just as the General election ballot would.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Solari, by a vote of 4-1 (Chairman
Wheeler opposed), the Board approved Resolution 2012-
043 to call an election for a Referendum to be placed on
the Ballot of the August 14, 2012 Primary Election.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN- NONE
BM 142 PG 456
May 15, 2012 21
14. C. COMMISSIONER WESLEY S. DAVIS
14.C. 1. REQUEST FOR RESOLUTION (FLORIDA NATIVE WILDFLOWERS)
Vice Chairman O'Bryan said he had asked Director Mora to contact other counties that
participated in the Florida Native Wildflowers program, and to date he has not received results;
therefore, he suggested tabling this item until he receives an answer from staff.
Commissioner Davis explained that the proposed resolution regarding the use of Florida
native wildflowers is a draft.
After a brief discussion, Commissioner Solari suggested moving forward with the
understanding that the report will be forthcoming.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Solari, the Board unanimously directed
staff to prepare a Resolution in support of passing the
Wildflower Resolution, and bring same back to the next
Board of County Commissioners meeting for final
approval, as requested in the memorandum of May 10,
2012.
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
(Clerk's Note: Due to the Commissioners' prior commitments and the amount of time it
may take to hear Item 14 E 1 Commissioner's Car Allowance, the Board adjourned and
reconvened at 11:27 a.m., as the Environmental Control District Board to conduct business
under Item 15.C. Environmental Control Board. The Commissioners thereafter reconvened at
11:29 a.m., as the Board of County Commissioners to address Item 14 E 1 Commissioners' Car
Allowance.)
May 15, 2012 22
EK 1 4 2 PG 4 5 7
40
14.E. COMMISSIONER BOB SOLARI
14.E.1. COMMISSIONERS' CAR ALLOWANCE
(Clerk's Note: This item was heard following Item 15. C. and is placed here for
continuity purposes.)
Commissioner Solari specified that this item deals with the Commissioners' car
allowance, not the travel budget. He recalled that on May 17, 2011, the Commissioners reduced
their car allowance by 10%, and afterwards he sent a letter to Administrator Baird stating that he
would be willing to reduce his allowance by 50%. He revealed that after six months with half of
the car allowance, he feels no reason to justify the high car allowance by driving all over, and
believes it to be a great tool to keep everyone focused on limited government.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Wheeler, the Board unanimously approved that
Commissioners cut their car allowance by at least one-half
of the original allowance (from $4,200 to $2,100 per year)
in the coming fiscal year, as requested in the
memorandum of May 9, 2012.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
May 15, 2012 23
BK 142 PG 458
15. C. ENVIRONMENTAL CONTROL BOARD
The Board reconvened as the Board of Commissioners of the Environmental Control
Board. Those Minutes are being prepared separately.
15.C.1. APPROVAL OF MINUTES MEETING OF MARCH 13, 2012
15. C.2. RELEASE OF LIEN - GWINN, INC. D/B/A/SUNSET CAFE AND VERO
BEACH SHOPPING CENTER ASSOCL4TES LIMITED PARTNERSHIP
ENVIRONMENTAL CONTROL HEARING BOARD CASE 488-11
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
11:30 a.m.
ATTEST:
Jef' : S it
Cle of Circuit Court and Comptroller
Minutes Approved:
BCC/LA/2012 Minutes
May 15, 2012
JUL 032012
Gary C. Wheeler, Chairman
24
142 PG 459