HomeMy WebLinkAbout05/21/2013 (2)COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 21, 2013 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
180127th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 2
District 1
District 4
District 5
District 3
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey R. Smith, Clerk to the Board
Commissioner Wesley S. Davis, Vice Chairman
Commissioner Tim Zorc
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Recognizing June 1 through June 7, 2013 as
Justin Riney Appreciation Week
PAGE
1
B. Presentation of Proclamation Designating May 19 — 25, 2013, as Tourism
Week in Indian River County Florida
May 21, 2013
2
BK 143 PG 841
Page l of 6
6. APPROVAL OF MINUTES
A. Meeting of April 9, 2013
B. Meeting of April 16, 2013
•
C. Meeting of April 23, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
PAGE
8. CONSENT AGENDA
A. Approval of Warrants — May 3, 2013 to May 9, 2013
(memorandum dated May 9, 2013) 3-11
B. Request for Authorization to Trade -In Vehicle for Purchase
(memorandum dated May 14, 2013) 12-20
C. Proclamation and Retirement Award Honoring Thomas Wolstenholme on
His Retirement From Indian River County Board of County Commissioners
Department of General Services/Parks Division with Eighteen Years of
Service
21-22
D. Proclamation and Retirement Award Honoring Shirley Wolstenholme on
Her Retirement From Indian River County Board of County Commissioners
Department of General Services/Library Division with Twenty -Six Years of
S ervice
23-24
E. 2012/2013 Indian River County Health Department Fee Schedule
(memorandum dated May 14, 2013) 25-36
F. Request for Approval to Enter into a Public Transportation Supplemental
Joint Participation Agreement (SJPA) with the Florida Department of
Transportation (FDOT) for Service to the Indian River State College Main
Campus (Fort Pierce)
(memorandum dated May 10, 2013)
G. Selection of Firm to Provide Professional Architectural and Engineering
Services for Indian River County Shooting Range Improvements to Skeet &
Trap Facility and Hunter Safety Training Building RFQ No. 2012024 — IRC
Project No 1135
(memorandum dated May 9, 2013)
37-45
46-47
II 143 PG 842
May 21, 2013 Page 2 of 6
8. CONSENT AGENDA PAGE
H. Approval of Work Order No. PCM -1 for Sediment Removal at PC Main
Screening Facility
(memorandum dated May 10, 2013) 48-52
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing June 4, 2013:
Consider Adoption of an Ordinance Amending Chapter 213 of the
Code of Indian River County to Add a Section to Chapter 213
Creating a Second Additional Property Tax Homestead Exemption
for Qualifying Senior Citizens
(memorandum dated May 15, 2013)
May 21, 2013
Legislative
53
2. Notice of Scheduled Public Hearing June 11, 2013:
Consideration of the Disposition of County Owned Surplus
Properties for Affordable Housing
(memorandum dated May 7, 2013)
Administrative
54-55
3. Notice of Scheduled Public Hearing July 2, 2013:
Vero Estates, LLC's Request to Amend the Text of the Policy 5.6 of
the Future Land Use Element of the County's Comprehensive Plan
(memorandum dated May 7, 2013)
Legislative
4. Notice of Closed Attorney -Client Session Scheduled for June 4,
2013:
Relating to Two Separate Pending Cases Filed by Frederick D.
Mensing, III Against Indian River County
(memorandum dated May 15, 2013)
54-55
56-57
Pa i 68it3
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
5. Notice of Public Workshop May 24, 2013:
Presentation on Natural Gas Expansion
(memorandum dated May 15, 2013) 58
11.
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Commissioner Zorc's Proposed Economic
Development Initiatives
(memorandum dated May 13, 2013)
59-66
2. Evaluation of the Gifford Neighborhood Plan
(memorandum dated May 15, 2013) 67-98
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F.
Leisure Services
None
G. Office of Management and Budget
None
H.
Recreation
None
81( I43PG844
May 21, 2013 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
I. Public Works
None
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Appointment of County Attorney
(memorandum dated May 15, 2013) 99
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
1. Member at Large Appointee for the Planning and Zoning
Commission
(memorandum dated May 15, 2013)
100
2. Impact Fees
(memorandum dated May 15, 2013) 101
B. Commissioner Wesley S. Davis, Vice Chairman
None
C. Commissioner Peter D. O'Brvan
None
D. Commissioner Bob Solari
None
E. Commissioner Tim Zorc
None
15. SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
BK 143 PG 845
May 21,2013 Page 5of 6
15. SPECIAL DISTRICTS AND BOARDS PAGE
B. Solid Waste Disposal District
1. Approval of Minutes Meeting of Apri12, 2013
2. Approval of Minutes Meeting of April 23, 2013
3. Fifth Amendment to SWDD Feedstock Supply Agreement with
INPB
(memorandum dated May 13, 2013)
C. Environmental Control Board
None
16. ADJOURNMENT
102-106
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, 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 21, 2013
ek 143 PG 846
Page 6 of 6
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
MAY21, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION. 5.C. EMERGENCY ITEM - PRESENTATION AND PROCLAMATION
DESIGNATING MAY 27, 2013 AS MEMORIAL DAY 2
MOVED: ITEM 12.A.1. TO ITEM 14.E "CONSIDERATION OF COMMISSIONER
ZORC'S PROPOSED ECONOMIC DEVELOPMENT INITIATIVES" TO BE HEARD
UNDER ITEM 14.E 2
REPLACE PAGE: ITEM 8.B., PAGE 12, REQUEST FOR AUTHORIZTION TO TRADE
IN VEHICLE FOR PURCHASE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 1 THROUGH JUNE 7,
2013 AS JUSTIN RINEY APPRECIATION WEEK 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 19 - 25, 2013, AS
TOURISM WEEK IN INDIAN RIVER COUNTY FLORIDA 3
IK 143 PG 847
May 21, 2013 1
5.C. ADDITION - EMERGENCY ITEM - PRESENTATION OF PROCLAMATION
DESIGNATING MAY 27, 2013 AS MEMORIAL DAY 3
6. APPROVAL OF MINUTES 3
6.A. MEETING OF APRIL 9, 2013 3
6.B. MEETING OF APRIL 16, 2013 3
6.C. MEETING OF APRIL 23, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS - MAY 3, 2013 TO MAY 9, 2013 4
8.B. REQUEST FOR AUTHORIZATION TO TRADE IN VEHICLE FOR PURCHASE 4
8.C. PROCLAMATION AND RETIREMENT AWARD HONORING THOMAS
WOLSTENHOLME ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/PARKS
D IVISION WITH EIGHTEEN YEARS OF SERVICE 5
8.D. PROCLAMATION AND RETIREMENT AWARD HONORING SHIRLEY
WOLSTENHOLME ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/LIBRARY
D IVISION WITH TWENTY-SIX YEARS OF SERVICE 6
8.E. 2012-2013 INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE SCHEDULE 6
8.F. REQUEST FOR APPROVAL TO ENTER INTO A PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE FLORIDA
D EPARTMENT OF TRANSPORTATION (FDOT) FOR SERVICE TO THE INDIAN
RIVER STATE COLLEGE MAIN CAMPUS (FORT PIERCE) 6
8.G. SELECTION OF FIRM TO PROVIDE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR INDIAN RIVER COUNTY SHOOTING RANGE
IMPROVEMENTS TO SKEET & TRAP FACILITY AND HUNTER SAFETY TRAINING
BUILDING RFQ No. 2012024 - IRC PROJECT No. 1135 7
8.H. APPROVAL OF WORK ORDER No. PCM -1 FOR SEDIMENT REMOVAL AT PC
MAIN SCREENING FACILITY 8
May 21, 2013 2
SI 143 PG 848
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 9
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARING(S) - NONE 9
10.B. PUBLIC DISCUSSION ITEMS — NONE 9
10.C. PUBLIC NOTICE ITEMS 9
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 4, 2013: CONSIDER ADOPTION
OF AN ORDINANCE AMENDING CHAPTER 213 OF THE CODE OF INDIAN RIVER
COUNTY TO ADD A SECTION TO CHAPTER 213 CREATING A SECOND
ADDITIONAL PROPERTY TAX HOMESTEAD EXEMPTION FOR QUALIFYING
SENIOR CITIZENS (LEGISLATIVE) 9
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 11, 2013. CONSIDERATION OF
THE DISPOSITION OF COUNTY OWNED SURPLUS PROPERTIES FOR AFFORDABLE
HOUSING (ADMINISTRATIVE) 9
10.C.3. NOTICE OF SCHEDULED PUBLIC HEARING JULY 2, 2013: VERO ESTATES,
LLC'S REQUEST TO AMEND THE TEXT OF THE POLICY 5.6 OF THE FUTURE
LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 9
10.C.4. NOTICE OF CLOSED ATTORNEY-CLIENT SESSION SCHEDULED FOR JUNE 4,
2013: RELATING TO TWO SEPARATE PENDING CASES FILED BY FREDERICK D.
MENSING, III AGAINST INDIAN RIVER COUNTY 9
10.C.5. NOTICE OF PUBLIC WORKSHOP MAY 24, 2013: PRESENTATION ON NATURAL
GAS EXPANSION 10
11. COUNTY ADMINISTRATOR MATTERS - NONE 10
12. DEPARTMENTAL MATTERS 10
12.A. COMMUNITY DEVELOPMENT 10
12.A.1. CONSIDERATION OF COMMISSIONER ZORC'S PROPOSED ECONOMIC
DEVELOPMENT INITIATIVES 10
12.A.2. EVALUATION OF THE GIFFORD NEIGHBORHOOD PLAN (GNP) 10
12.B. EMERGENCY SERVICES - NONE 12
12.C. GENERAL SERVICES - NONE 12
12.D. HUMAN RESOURCES - NONE 12
143 PG 849
May 21, 2013 3
12.E. HUMAN SERVICES - NONE 12
12.F. LEISURE SERVICES - NONE 12
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 13
12.H. RECREATION - NONE 13
12.I. PUBLIC WORKS - NONE 13
12.J. UTILITIES SERVICES - NONE 13
13. COUNTY ATTORNEY MATTERS 13
13.A. APPOINTMENT OF COUNTY ATTORNEY 13
14. COMMISSIONER ITEMS
14.A.
14.A.1.
14.A.2.
14.B.
14.C.
14.D.
14.E.
14E1
14
COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN 14
MEMBER AT LARGE APPOINTEE FOR THE PLANNING AND ZONING COMMISSION 14
IMPACT FEES 15
COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN - NONE 17
COMMISSIONER PETER D. 0 BRYAN - NONE 17
COMMISSIONER BOB SOLARI - NONE 17
COMMISSIONER TIM ZORC NONE 18
CONSIDERATION OF COMMISSIONER ZORC'S PROPOSED ECONOMIC
DEVELOPMENT INITIATIVES 18
15. SPECIAL DISTRICTS AND BOARDS 20
15.A. EMERGENCY SERVICES DISTRICT - NONE 20
15.B. SOLID WASTE DISPOSAL DISTRICT 20
15.B.1. APPROVAL OF MINUTES MEETING OF APRIL 2, 2013 20
15.B.2. APPROVAL OF MINUTES MEETING OF APRIL 23, 2013 20
15.B 3 FIFTH AMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH INEOS
NEW PLANET BIOENERGY, LLC (INPB) 20
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 20
16. ADJOURNMENT 21
May 21, 2013 4
11( 143 P6 850
JEFFREY R. SMITH
Clerk to the Board
illr%.,\ 3VERN
illoRICITY.
May 21, 2013
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 21, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley S.
Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. 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 Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Vice Chairman Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Zorc led the Pledge of Allegiance to the Flag.
IIII 14 3 PG 851
May 21, 2013 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Flescher requested the following changes to the Agenda:
ADDITION: 5.C. EMERGENCY ITEM- PRESENTATION AND PROCLAMATION
DESIGNATING MAY 27, 2013 AS MEMORIAL DAY
MOVED: ITEM 12.A.1. TO ITEM 14.E. "CONSIDERATION OF COMMISSIONER
ZORC'S PROPOSED ECONOMIC DEVELOPMENT INITIATIVES" TO BE
HEARD UNDER ITEM 14.E.
REPLACE PAGE: ITEM 8.B., PAGE 12, REQUEST FOR A UTHORIZTION TO TRADE
IN VEHICLE FOR PURCHASE
ON MOTION by Vice Chairman Davis, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING JUNE 1 THROUGH
JUNE 7, 2013 AS JUSTINRINEYAPFRECIA TION WEEK
Vice Chairman Davis read and presented the Proclamation to Justin Riney's parents, Bob
and Lisa Riney, on behalf of Justin Riney, who was unable to attend today's meeting.
Mr. and Mrs Riney gave a video presentation explaining the purpose of Justin Riney's
project, Expedition Florida 500, and provided a flier (on file) showing scheduled beach/ocean
cleanup dates, times, and locations.
May 21, 2013 2
BK 143 PG 852
S.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 19 - 25, 2013, AS
TOURISM WEEK IN INDIAN RIVER COUNTY FLORIDA
Chairman Flescher read and presented the Proclamation to Allyson McNeal, Indian River
County Chamber of Commerce; and Nicole Holbrook, Sebastian River Area Chamber of
Commerce.
5.C. ADDITION - EMERGENCY ITEM - PRESENTATION OF PROCLAMATION
DESIGNATING MAY 27, 2013 AS MEMORIAL DAY
Chairman Flescher read and presented the Proclamation to Retired U.S. Air Force
Colonel Martin Zickert.
6. APPROVAL OF MINUTES
6.A. MEETING OF APRIL 9, 2013
6.B. MEETING OF APRIL 16, 2013
6 C. MEETING OFAPRIL 23, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner O'Bryan
SECONDED by Chairman Flescher, the Board
unanimously approved the meeting minutes of April
9, April 16, and April 23, 2013, as written.
BK 143 PG 853
May 21, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Vice Chairman Davis requested to pull Item 8.B., and Commissioner Solari requested to
pull Item 8.G. from the Consent Agenda for discussion/comments.
ON MOTION by Commissioner O'Bryan,
SECONDED by Chairman Flescher, the Board
unanimously approved the Consent Agenda, as
amended.
8.A. APPROVAL OF WARRANTS - MAY 3, 2013 TO MAY 9, 2013
ON MOTION by Commissioner O'Bryan
SECONDED by Chairman Flescher, the Board
unanimously approved the list of Warrants and Wires
issued by the Comptroller's Office for the time period
of May 3, 2013 to May 9, 2013, as requested in the
memorandum of May 9, 2013.
8.B. REQUEST FOR AUTHORIZATION TO TRADE IN VEHICLE FOR PURCHASE
Vice Chairman Davis questioned the procedure for trading -in the 2004 Chevy Blazer, in
lieu of a public bid or auction process.
Property Appraiser David Nolte informed the Board that his staff had performed the
necessary research, and it is a fair trade-in value. He addressed a change to his original
May 21, 2013 4
lK 143 PG 854
memorandum, stating that the correct figure is $8,000 ($3,000 for trade in and $5,000 for
incentives).
County Attorney Alan S. Polackwich informed the Board that in accordance with Chapter
274 of the Florida Statutes, the Board has the discretion to authorize the disposal of the vehicle
through the trade-in process without having to go to bid.
Commissioner O'Bryan requested that Mr. Nolte provide the Clerk with a copy of the
Linus Cadillac Buick GMC contract (on file) for the public record.
Vice Chairman Davis requested the County Attorney to send the Board an e-mail of his
legal opinion (on file) regarding the trade in of said vehicle.
ON MOTION by Vice Chairman Davis, SECONDED
by Chairman Flescher, the Board unanimously
authorized the Property Appraiser to trade in at
$8,000, both the 2004 Chevy Blazer (VIN:
1GNDT13X54K153188) and the rebates, in order to
offset the purchase price of a new vehicle, as
requested in the memorandum dated May 20, 2013.
S.C. PROCLAMATION AND RETIREMENT AWARD HONORING THOMAS
WOLSTENHOLME ON His RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL
SERVICES/PARKS DIVISION WITH EIGHTEEN YEARS OF SERVICE
ON MOTION by Commissioner O'Bryan
SECONDED by Chairman Flescher, the Board
unanimously approved the Proclamation and
Retirement Award honoring Thomas Wolstenholme
May 21, 2013 5
IK 143 PG 855
on his retirement from the Department of General
Services/Parks Division.
8.D. PROCLAMATION AND RETIREMENT AWARD HONORING SHIRLEY
WOLSTENHOLME ON HER RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL
SERVICES/LIBRARY DIVISION WITH TWENTY-SIX YEARS OF SERVICE
ON MOTION by Commissioner O'Bryan
SECONDED by Chairman Flescher, the Board
unanimously approved the Proclamation and
Retirement Award honoring Shirley Wolstenholme
on her retirement from the Department of General
Services/Library Division.
8.E. 20124013 INDIAN RIVER COUNTY HEALTH DEPARTMENT FEE
SCHEDULE
ON MOTION by Commissioner O'Bryan
SECONDED by Chairman Flescher, the Board
unanimously approved Resolution 2013-040, to
adopt a 2012-2013 Fee Schedule for the Indian River
County Health Department.
8.F. REQUEST FOR APPROVAL TO ENTER INTO A PUBLIC TRANSPORTATION
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (SJPA) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR SERVICE TO
THE INDIAN RIVER STATE COLLEGE MAIN CAMPUS (FORT PIERCE)
BK 143 PG 856
May 21, 2013 6
ON MOTION by Commissioner O'Bryan,
SECONDED by Chairman Flescher, the Board
unanimously approved: (1) the Public Transportation
Supplemental Joint Participation Agreement; and
(2) Resolution 2013-041, authonzing 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
8.G. SELECTION OF FIRM TO PROVIDE PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES FOR INDIAN RIVER COUNTY SHOOTING RANGE
IMPROVEMENTS TO SKEET & TRAP FACILITY AND HUNTER SAFETY
TRAINING BUILDING RFC, No. 2012024 - IRC PROJECTNo. 1135
Commissioner Solari sought and received clarification from Administrator Baird
regarding the improvements at the Indian River County Shooting Range, a possible Grant for the
Hunter Safety Training Building, and the funding.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to: (1)
approve the prioritized list as recommended by the
Selection Committee: (a) Donadio and Associates,
Architect, PA; (2) Edlund, Dntenbas, Binkley
Architects and Associates, PA; and (b) C. Vargas and
Associates, Ltd , for professional architectural and
engineering services; and (2) authorize staff to begin
contract negotiations with the first ranked firm,
May 21, 2013 7
K 143PG857
Donadio and Associates, Inc , and in the event
negotiations with Donadio and Associates, Inc. are
unsuccessful, staff would then negotiate with the
second ranked firm; and (3) direct staff to move
forward with the Grant for the Hunter Safety Training
Building.
Assistant County Administrator Michael Zito informed the Board that staff had received
an e-mail yesterday confirming the State Grant of $100,000 for the Hunter Safety Training
Building, but it is subject to Legislative approval.
Discussion ensued regarding the Shooting Range hours and the revenue it could generate
if the days per week were increased.
The Chairman CALLED THE QUESTION and the
Motion Carried unanimously.
8.H. APPROVAL OF WORK ORDER No. PCM -1 FOR SEDIMENT REMOVAL AT
PC MAIN SCREENING FACILITY
ON MOTION by Commissioner O'Bryan,
SECONDED by Chairman Flescher the Board
unanimously approved and authorized the Chairman
to execute Work Order No. PCM -1 with EMC Divers,
Inc., for $14,600.00, as recommended in the
memorandum of May 10, 2013.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 21, 2013 8
BK 143PG858
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS—NONE
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING .JUNE 4, 2013: CONSIDER
ADOPTION OF AN ORDINANCE AMENDING CHAPTER 213 OF THE CODE OF
INDIAN RIVER COUNTY TO ADD A SECTION TO CHAPTER 213 CREATING A
SECOND ADDITIONAL PROPERTY TAX HOMESTEAD EXEMPTION FOR
QUALIFYING SENIOR CITIZENS (LEGISLATIVE)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 11, 2013:
CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE)
10. C.3. NOTICE OF SCHEDULED PUBLIC HEARING .JULY 2, 2013: VERO
ESTATES, LLC's REQUEST TO AMEND THE TEXT OF THE POLICY 5.6 OF
THE FUTURE LAND USE ELEMENT OF THE COUNTY'S COMPREHENSIVE
PLAN (LEGISLATIVE)
10. C. 4. NOTICE OF CLOSED A TTORNEY-CLIENT SESSION SCHEDULED FOR
JUNE 4, 2013: RELATING TO Two SEPARATE PENDING CASES FILED BY
FREDERICK D. MENSING, III AGAINST INDIAN RIVER COUNTY
May 21, 2013 9
IX 143PG859
10. C. S. NOTICE OF PUBLIC WORKSHOP MAY 24, 2013: PRESENTATION ON
NATURAL GAS EXPANSION
The County Attorney read the notices into the record.
Vice Chairman Davis suggested someone from the Utilities Department be in attendance
for the Natural Gas Expansion Workshop. Commissioners thereafter voiced conflicts with the
scheduled date of May 24, 2013, and it was TABLED to a later date.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF COMMISSIONER ZORC'S PROPOSED ECONOMIC
DEVELOPMENT INITIATIVES
This item was moved to Item 14.E.1.
12.A.2. EVALUATION OF THE GIFFORD NEIGHBORHOOD PLAN (GNP)
Community Development Director Bob Keating provided background and recalled that
on April 15, 2013 staff was directed to evaluate the Gifford Neighborhood Plan (GNP) and
report back as to whether it needs to be updated. Using a PowerPoint Presentation (on file), he
provided the Board with the aspects of the report, information regarding the GNP's
implementation, steps for updating the GNP, and why it needs to be updated. He also pointed
out that updating the GNP will require coordinating with interested residents, the Progressive
Civic League of Gifford, community organizations, and appropriate County departments.
May 21, 2013
10 611 1, 4 3 PG 6 6, 0
Commissioners mentioned additional groups and organizations that should be included in
the planning process.
Donald Hart, Progressive Civic League, requested the Board revisit and move the GNP
forward.
Freddie Woolfork, Progressive Civic League, offered suggestions and encouraged staff
to ask the stakeholders once again, what they want for Gifford. He requested that in the planning
process of creating a Neighborhood Commercial Activity Center (NCAC) for Gifford, the
residential area be protected, and to reconsider where it should be built. He also asked that the
sidewalks west of 43rd Avenue to 58th Avenue be connected to ensure safety.
Commissioner Solari noted that one of the biggest challenges as the GNP is being
developed is to get young people involved in the process.
Marcie Nolan, Attorney with Becker & Poliakoff Law Offices, and certified planner,
encouraged staff to revisit previous data and encouraged the Board to decide how to best
preserve and enhance the industrial neighborhood and industrial node, while preserving the
residential area.
Wanda Mosley Scott, Mosley Family Groceries and Gifford Marketing Firm, wanted to
see growth and businesses return to the Gifford community, and felt that putting the Plan back on
the table was a good idea.
Benny Rhyant, Pastor and President of Indian River County Pastor Association,
supported the evaluation of the GNP, and thought it might be a challenge to get the necessary
people involved in the process.
Linda Morgan, concerned citizen and member of the Progressive Civic League, wanted
things to improve in the Gifford community.
BK 143 PG 861
May 21, 2013 11
Commissioner Zorc asked staff to consider creating a business zoning neighborhood
overlay that would draw small neighborhood stores and services back to Gifford. He suggested
that staff consider provisions that would allow a small store, such as Mosley Grocery, to
reestablish what they had without having to re -comply with all the requirements, should a
hurricane destroy the building. He said he would meet with Director Keating to discuss and
share ideas regarding potential zoning.
ON MOTION by Commissioner Solari, SECONDED
by Chairman Flescher, the Board unanimously
directed staff to coordinate with the Progressive Civic
League of Gifford, interested residents and other
interested organizations, to update the Gifford
Neighborhood Plan, as recommended in the
memorandum of May 15, 2013.
The Chairman called for a break at 10:30 a.m., and reconvened the meeting at 10:42
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
12. F. LEISURE SERVICES - NONE
May 21, 2013 12
BX 1143 PG 8(2
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION NONE
12.I. PUBLIC WORKS - NONE
12. J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. APPOINTMENT OF COUNTY ATTORNEY
Attorney Polackwich recalled that on May 7, 2013, the Board had selected a short list of
six applicants for the appointment of a new County Attorney, of which five were interviewed.
MOTION WAS MADE by Commissioner Zorc,
SECONDED by Chairman Flescher, to move forward
with making a selection from the five candidates that
were interviewed.
Following a discussion among the Board regarding applicant Harlene Kennedy, who was
not interviewed, the Board decided not to delay taking action.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously.
Chairman Flescher asked each Commissioner to disclose their applicant choices in
priority order. The results revealed that Bill DeBraal, Dylan Reingold, and James Wilson were
ranked as the Commissioners' top three candidates.
May 21, 2013 13
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Discussion ensued regarding the ranking process, and the background, knowledge, and
experience of the top three candidates.
Chairman Flescher requested the Board further narrow the ranking to the top two
candidates; the results revealed that Dylan Reingold ranked number one, and Bill DeBraal
number two.
MOTION WAS MADE by Commissioner Solari
SECONDED by Commissioner O'Bryan, to appoint
Dylan Reingold to succeed County Attorney Alan S.
Polackwich, Sr. when he retires.
A brief discussion ensued regarding the selection.
The Chairman CALLED THE QUESTION and the
Motion carried by a 4-1 vote (Chairman Flescher
opposed).
Attorney Polackwich said he would take his existing contract, leave the salary figure
blank, and send it to Attorney Reingold to see if he has any objections to any of the terms. He
plans to bring the proposed contract to the Board on or about June 11th for consideration of the
terms and salary.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN
14.A.1. MEMBER AT LARGE APPOINTEE FOR THE PLANNING AND ZONING
COMMISSION
May 21, 2013 14
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Chairman Flescher announced that George Hamner from the Planning and Zoning
Commission had resigned, and nominated Jordan Stewart to the Member -at -Large position on
the Planning and Zoning Commission.
ON MOTION by Commissioner Solari, SECONDED
by Commissioner O'Bryan, the Board unanimously
appointed Jordan Stewart to serve as the Member -at -
Large on the Planning and Zoning Commission,
effective immediately and expiring in January 2015.
14.A.2. IMPACT FEES
Chairman Flescher initiated an open discussion regarding the necessity of Impact Fees,
and whether the fees, now that consumer confidence has increased, are stopping individuals from
moving forward with development. He believed a 12 or 18 -month Impact Fee moratorium
would encourage development, bring in more businesses, and give the public what they want.
MOTION WAS MADE by Commissioner Solari to
do nothing. Motion died for lack of a Second
Commissioner Solari opposed a moratorium on Impact Fees, believing it negatively
impacts those who have already built and paid their Impact Fees. He said that people are
currently buying properties and things are moving forward, but the moratorium could derail the
positive process.
Administrator Baird felt it would be catastrophic to eliminate Impact Fees. He voiced
concerns that eliminating/suspending Impact Fees would increase the County's taxes over the
next five years, and that certain projects would not be able to move forward.
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May 21, 2013 15
A lengthy discussion/debate ensued regarding the suspension of Impact Fees, bringing
the fees back over a period of time, whether the suspension would encourage development,
financing mechanisms, Impact Fee studies, and consultant reports.
Commissioner O'Bryan opposed waiving the Impact Fees and pointed out that the new
Publix's decision to move forward was not based on Impact Fees, but on the County using the
transportation Impact Fees collected to open 53rd Street. He said the roads need to be built,
which means that the individuals who have lived in the County will have an increase in their
taxes.
Staff opposed suspending Impact Fees, and voiced concerns over funding County
improvements and road projects, as well as the existing property owners bearing the burden.
Charlie Wilson supported a two-year moratorium on Impact Fees, and felt Impact Fees
discourage new businesses.
Joseph Paladin, Black Swan Consulting, Developer and Builder advised against
suspending/eliminating Impact Fees, and voiced concerns that there would not be enough money
to finish the County's infrastructure, and without infrastructure, businesses will not come. He
believed that in the future, the Impact Fees would need to be increased to make up for the
moratonum, and requested that the Board Table this item.
At Commissioner Zorc's request, Administrator Baird said he would direct staff to
perform a study of the 67 Counties to see who is charging for Impact Fees, what they are
charging, and if they have financing options.
Scott Stradley, Economic Development Council (EDC) Representative, recommended
the Board consider making the Motion for a two-year moratorium.
May 21, 2013 16
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MOTION WAS MADE by Commissioner Zorc,
SECONDED by Chairman Flescher, to adopt a
moratorium suspending Impact Fees for a period of
18 months at 100% of the currently uncollected
amount and a phase-in at 25% per quarter going
forward, until the fees come back in line to the new
rate going forward.
Commissioner O'Bryan did not support the 25% step-up due to the confusion and
additional paperwork that it would create.
Attorney Polackwich provided the Board with guidance regarding the process of adopting
the moratorium, and pointed out that it would take approximately 45 days for adoption. He said
he would draft an ordinance and bring it back to the Board for review.
The Chairman CALLED THE QUESTION and the
Motion carried by a 3-2 vote (Commissioners
O'Bryan and Solari opposed).
A brief discussion ensued regarding the moratorium activation date.
The Chairman called for a break at 12:41 p.m., and reconvened the meeting at 1:00 p.m.,
with all members present.
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN- NONE
14. C. COMMISSIONER PETER D. O'BRYAN - NONE
14.D. COMMISSIONER BOB SOLARI - NONE
May 21, 2013 17
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14.E. COMMISSIONER TIMZORC NONE
14.E.1. CONSIDERATION OF COMMISSIONER ZORC'S PROPOSED ECONOMIC
DEVELOPMENT INITIATIVES
This Item was moved from 12.A.1.
Commissioner Zorc used a PowerPoint presentation (on file) to outline his list of
economic development initiatives for the Board to consider. He categorized, spoke to the
benefits, and summarized the actions for each of the following initiatives: (1) establish a Foreign
Trade Zone area in the County; (2) expand the Enterprise Zone to add industrial areas; (3) join a
regional "open for business" program; (4) increase building height at SR60/I-95 (Industrial
Area); (5) increase commercial nodes along SR 60 (43`d Avenue to 74th Avenue); (6) modify
impact fees to add more commercial use categories and establish an Impact Fee Hearing Board;
(7) expand fiber optic and natural gas; (8) modify Economic Development Council (EDC)
membership composition; (9) expand the GoLine Bus System to serve businesses; (10) attract
businesses that are counter -cyclical to the citrus industry; (11) evaluate the function of the EDC;
and (12) evaluate opportunities to use the EB -5 (Immigrant Investor program).
Helene Caseltine, Economic Development Director for the Indian River County
Chamber of Commerce, and Enterprise Coordinator, explained the benefits for establishing a
Foreign Trade Zone designation, spoke about port custom facilities, radius requirements, and
Foreign Trade Zone law.
A lengthy discussion ensued as the Board discussed several aspects of the proposed
initiatives.
Scott Stradley, Economic Development Council (EDC) Representative, supported the
18 -month moratorium on Impact Fees, and said he was looking forward to seeing staff's report
on how the counties around us are doing their economic development. He also talked about the
Chamber of Commerce's budget and the monies that are raised through the Economic
May 21, 2013 18
BM 143 PG 868
Leadership Alliance Program, the Chamber providing in-kind services, the development of a
Task Force, the Comprehensive Plan, and adding more industrial parks.
Director Keating conveyed that staff had taken Commissioner Zorc's initiatives and put
them into a matrix to identify the actions that need to be taken by staff and those that need to be
taken by the Board of County Commissioners. He asked for the Board's direction in moving
forward with: (1) Initiative #1: Estabhshing the Foreign Trade Zone by bringing in a consultant;
(2) Initiative #4: Initiating the Land Development Regulation (LDR) Amendment to change the
building height limit in commercial/industrial node at SR60/I-95); (3) Initiative #10: Sending
the Commissioners the counter -cyclical report; and (4) moving forward with the research on the
other initiatives.
Mr. Stradley recommended that staff consider prioritizing and reviewing their existing
data, as well as the Economic Development activities of other Counties, to identify the changes
that could/should be made.
Commissioner Zorc reported that staff had already contacted nine or ten Counties on
particular topics, and felt the information should be presented at an upcoming meeting.
Commissioner O'Bryan suggested that staff investigate the industry of hydroponics for
growing summer crops.
ON MOTION by Commissioner Zorc, SECONDED
by Commissioner O'Bryan, the Board unanimously
directed staff to move forward with:
(1) Initiative #1: Establishing the Foreign Trade Zone;
(2) Initiative #4: Increasing the building height at SR60/I-95;
(3) Initiative #10: Attracting counter -cyclical businesses; and
(4) Researching the other initiatives
li( 6143 PG 869
May 21, 2013 19
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Board reconvened as the Board of Commissioners of the Solid Waste District.
Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES MEETING OF APRIL 2, 2013
15.B.2. APPROVAL OF MINUTES MEETING OF APRIL 23, 2013
15.B.3. FIFTH AMENDMENT TO SWDD FEEDSTOCK SUPPLY AGREEMENT WITH
INEOS NEW PLANET BIOENERGY, LLC (INPB)
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
May 21, 2013 20
Bk 143 PG 810
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
2:33 p.m.
ATTEST:
Je
lerk
Cl f Circuit Court and Comptroller
Minutes Approved:
JUN 1 8 2013
BCC/LA/2013Minutes
May 21, 2013 21
E Flescher, Chairman
K 143 PG 871