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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 IK 143 PG 863 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 eK 143 PG 864 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. IK 143 PG 865 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 SK 143 PG 866 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 pc 1 4 3 PG 8..67.: 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