HomeMy WebLinkAbout05/22/2012 (3)COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 22, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr., County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Commissioner Wesley S. Davis
Joseph A. Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating May 28, 2012 as Memorial Day
PAGE
1
B. Presentation Announcing 35th Annual Tropical Night Luau, Saturday June
2nd, 2012, by Barbara Schlitt Ford, Executive Director, Youth Guidance
Mentoring and Activities Program of Indian River County
May 22, 2012
2
Bk 142 PG 463
Page 1 of 7
6.
APPROVAL OF MINUTES
A. March 20, 2012
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants and Wires May 4, 2012 to May 10, 2012
(memorandum dated May 10, 2012)
PAGE
3-11
B. Resolution Supporting the Use of Florida Native Wildflowers
(memorandum dated May 16, 2012)
12-14
C. Miscellaneous Budget Amendment 011
(memorandum dated May 14, 2012)
15-19
11 MACE (Multi -Agency Criminal Enforcement Unit) Project Generated
Income (PGI) Miscellaneous Budget Amendment 012
(memorandum dated May 10, 2012)
20-27
E. Final Pay to Masteller and Moler, Inc. for Work Order No. 12 Associated
with Development of a North County Reclaimed Water System
Implementation Pian
(memorandum dated May 10, 2012)
28-30
F. Approval of Change Order No. 4 to Work Order No PCS -1 with
Hydromentia, Inc. for Additional Engineering and Permit Procurement
Services, and Electrical and Structural Design Services for the PC South
Nutrient Recovery Facility
(memorandum dated May 14, 2012)
31-47
G. Approval of Change Order No. 1 to a Contract with Safety & Environmental
Systems, Inc. for Construction of Boardwalks and Trail Segments on the
Flinn Tract of the Lagoon Greenway
(memorandum dated May 14, 2012)
48-54
H. Award of Bid #.2012046 for Request for Quotation/Proposal for Seasonal
Mobile Concessions Services at the North County Aquatic Center
(memorandum dated May 15, 2012)
55-71
BK 142 PG 464
May 22, 2012 Page 2 of 7
8. CONSENT AGENDA PAGE
I. Professional Geotechnical Services Agreement for Annual Professional
Geotechnical Engineering Services for A.M. Engineering and Testing, Inc.
RFQ No. 2010021 Change of Name
(memorandum dated May 10, 2012) 72-93
J. Change Order No. 1 — Final Payment and Release of Retainage Indian River
Boulevard & 17th Street Intersection Improvements Bid No. 2011048 IRC
Project No. 1024
(memorandum dated May 9, 2012)
94-106
K. Work Order No. 3 — Masteller, Moler, Reed and Taylor, Inc. 87th Street
Right -of -Way and Topographic Survey from CR 510 to 101St Avenue IRC
Project No. 1205
(memorandum dated May 9, 2012)
107-115
L. FDOT Local Agency Program (LAP) Agreement and Resolution
Authorizing the Chairman's Signature, Old Dixie Highway Sidewalk from
8th Street to 20th Street, IRC Project No. 1102 — FM#: 425710-1-58-01
(memorandum dated May 9, 2012)
116-138
M. F.D.O.T. Transportation Regional Incentive Program (TRIP) Agreement and
Resolution Authorizing the Chairman's Signature IRC Project No. 0545B —
66th Avenue from SR -60 to 41St Street FM#: 425883-1-58-01
(memorandum dated May 2, 2012)
139-164
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. County Initiated Request to Redesignate ± 1,171.45 Acres owned
by the St. Johns River Water Management District (SJRWMD)
(±531.68 acres located south of City of Fellsmere and 3 1/2 miles
north of S.R. 60, and ±639.77 acres located 1 1/2 miles north of S.R.
60 and 3 miles west of I-95), from AG -2, Agricultural -2 (up to 1
unit /10 acres), to C-1, Conservation -1 (zero density), and to
Redesignate ±350 acres owned by Indian River County located west
of Blue Cypress Lake and approximately 6 1/2 miles north of S.R.
60, from AG -3, Agricultural -3 (up to 1 unit/20 acres), to C-1,
Conservation -1 (zero density)
(memorandum dated May 14, 2012)
May 22, 2012
165-186
Legislative
BK 142 PG 465
Page 3 of 7
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
2. Consideration of Request by Dr. John Cairns to Amend Road Width
Requirements for Mining Haul Route Road Segments not used by
the General Public
(memorandum dated May 1, 2012)
PAGE
187-201
Legislative
3. Public Hearing to Consider Revenue Distribution Formula for 6¢
Local Option Gas Tax
(memorandum dated May 2, 2012)
202-208
Administrative
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
None
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of a Request from Nylacarb Corporation for a Local
Jobs Grant
(memorandum dated May 11, 2012)
209-232
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
BK 142 PG 466
May 22, 2012 Page 4 of 7
12. DEPARTMENTAL MATTERS PAGE
E. Human Services
None
F.
Leisure Services
None
G. Office of Management and Budget
None
H.
I.
Recreation
None
Public Works
1. Award of Bid No: 2012036 Oslo Road Phase III Roadway
Improvements (58th Avenue to 431d Avenue) IRC Project No. 0517
(memorandum dated May 7, 2012)
J. Utilities Services
1. Approval for Retaining the Utilities Department Labor Contractor
to Construct an Additional Fire Hydrant at the Thompson
Elementary School for School District of Indian River County and
Approval of Work Authorization No. 2010-005 to Melvin Bush
Construction, Inc. — UCP 4089
(memorandum dated May 14, 2012)
233-243
244-250
13. COUNTY ATTORNEY MATTERS
A. Proposed Plan, Survey Form, etc. for Water/Wastewater Survey; Selection
of CPA Firm to Receive Completed Survey Forms
(memorandum dated May 14, 2012)
251-261
14. COMMISSIONERS ITEMS
A. Commissioner Gary C, Wheeler, Chairman
B.
None
Commissioner Peter D. O'Bryan, Vice Chairman
1. Consideration to Suspend Impact Fees
(memorandum dated May 16 2012) 262-268
BX142PG467
May 22, 2012 Page 5 of 7
14. COMMISSIONERS ITEMS PAGE
C.
Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E.
Commissioner Bob Solari
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
1. Approval of Minutes Meeting of March 13, 2012
2. Approval of Minutes Meeting of March 20, 2012
3. Request to Participate in the "2012 Green Series" at Indian River
Mall
(memorandum dated May 14, 2012)
269-274
4. Memorandum of Understanding between the City of Fellsmere and
Indian River County Solid Waste Disposal District for a Single
Stream Recycling Pilot Program
(memorandum dated May 14, 2012)
275-279
C. Environmental Control Board
1. Report of Activities for Second Quarter FY 11/12 (January through
March, 2012)
(memorandum dated April 25, 2012)
280-281
16. ADJOURNMENT
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
BK I 4 2 PG 468
May 22, 2012 Page 6 of 7
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 22, 2012
BK 142 PG 469
Page7of 7
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MAY 22, 2012
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION: EMERGENCY ITEM 5.C. PRESENTATION OF PROCLAMATION DESIGNATING MAY
20-26, 2012 AS EMERGENCY MEDICAL SERVICES WEEK 2
ADDITION: EMERGENCY ITEM 15.B.5. PERMISSION TO ISSUE NOTICE OF PUBLIC HEARING
TO AMEND SOLID WASTE DISPOSAL DISTRICT (SWDD) RATES BY RESOLUTION
2012-001 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 28, 2012 AS MEMORIAL
DAY 2
5.B. PRESENTATION ANNOUNCING 35TH ANNUAL TROPICAL NIGHT LUAU,
SATURDAY JUNE 2ND, 2012, BY BARBARA SCHLITT FORD, EXECUTIVE
DIRECTOR, YOUTH GUIDANCE MENTORING AND ACTIVITIES PROGRAM OF
INDIAN RIVER COUNTY 3
May 22, 2012 1
BK 142 PG 470
5.C. ADDITION - EMERGENCY ITEM: PRESENTATION OF PROCLAMATION
DESIGNATING MAY 20-26, 2012 AS EMERGENCY MEDICAL SERVICES WEEK 3
6. APPROVAL OF MINUTES 3
6.A. MEETING OF MARCH 20, 2012 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES MAY 4, 2012 TO MAY 10, 2012 4
8.B. RESOLUTION SUPPORTING THE USE OF FLORIDA NATIVE WILDFLOWERS 4
8.C. MISCELLANEOUS BUDGET AMENDMENT 011 5
8.D. M.A.C.E. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT) PROJECT
GENERATED INCOME (PGI) MISCELLANEOUS BUDGET AMENDMENT 012 5
8.E. FINAL PAY TO MASTELLER AND MOLER, INC. FOR WORK ORDER No. 12
ASSOCIATED WITH DEVELOPMENT OF A NORTH COUNTY RECLAIMED WATER
SYSTEM IMPLEMENTATION PLAN 6
8.F. APPROVAL OF CHANGE ORDER NO. 4 TO WORK ORDER NO. PCS -1 WITH
HYDROMENTIA, INC. FOR ADDITIONAL ENGINEERING AND PERMIT
PROCUREMENT SERVICES, AND ELECTRICAL AND STRUCTURAL DESIGN
SERVICES FOR THE PC SOUTH NUTRIENT RECOVERY FACILITY 6
8.G. APPROVAL OF CHANGE ORDER No. 1 TO A CONTRACT WITH SAFETY &
ENVIRONMENTAL SYSTEMS, INC. FOR CONSTRUCTION OF BOARDWALKS AND
TRAIL SEGMENTS ON THE FLINN TRACT OF THE LAGOON GREENWAY 7
8.H. AWARD OF BID # 2012046 FOR REQUEST FOR QUOTATION/PROPOSAL FOR
SEASONAL MOBILE CONCESSION SERVICES AT THE NORTH COUNTY AQUATIC
CENTER 8
8.I. PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL
PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES FOR A.M.
ENGINEERING AND TESTING, INC. RFQ No. 2010021 CHANGE OF NAME 10
May 22, 2012 2
81(142PG471
83. CHANGE ORDER No. 1 - FINAL PAYMENT AND RELEASE OF RETAINAGE INDIAN
RIVER BOULEVARD & 17TH STREET INTERSECTION IMPROVEMENTS BID No.
2011048 IRC PROJECT No. 1024 10
8.K. WORK ORDER No. 3 - MASTELLER, MOLER, REED AND TAYLOR, INC. 87TH
STREET RIGHT-OF-WAY AND TOPOGRAPHIC SURVEY FROM CR 510 TO 101ST
AVENUE IRC PROJECT No. 1205 11
8.L. FDOT LOCAL AGENCY PROGRAM (LAP) AGREEMENT AND RESOLUTION
AUTHORIZING THE CHAIRMAN'S SIGNATURE, OLD DIXIE HIGHWAY SIDEWALK
FROM 8TH STREET TO 20TH STREET, IRC PROJECT No. 1102 - FM#: 425710-1-
58-01 A 11
8.M. F.D.O.T. TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE
IRC PROJECT No. 0545B - 66TH AVENUE FROM SR -60 TO 41ST STREET FM#:
425883-1-58-01 12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 12
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARING(S) 12
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE ± 1,171.45 ACRES OWNED BY
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) (±531.68
ACRES LOCATED SOUTH OF CITY OF FELLSMERE AND 3 1/2 MILES NORTH OF
S.R. 60, AND ±639.77 ACRES LOCATED 1 1/2 MILES NORTH OF S.R. 60 AND 3
MILES WEST OF I-95), FROM AG -2, AGRICULTURAL -2 (UP TO 1 UNIT /10
ACRES), TO C-1, CONSERVATION -1 (ZERO DENSITY), AND TO REDESIGNATE
±350 ACRES OWNED BY INDIAN RIVER COUNTY LOCATED WEST OF BLUE
CYPRESS LAKE AND APPROXIMATELY 6 1/2 MILES NORTH OF S.R. 60, FROM AG -
3, AGRICULTURAL -3 (UP TO 1 UNIT/20 ACRES), TO C-1, CONSERVATION -1
(ZERO DENSITY); (LUDA 2012030079-68142) (LEGISLATIVE) 12
10.A.2. CONSIDERATION OF REQUEST BY DR. JOHN CAIRNS TO AMEND ROAD WIDTH
REQUIREMENTS FOR MINING HAUL ROUTE ROAD SEGMENTS NOT USED BY THE
GENERAL PUBLIC (LEGISLATIVE) 14
10.A.3. PUBLIC HEARING TO CONSIDER REVENUE DISTRIBUTION FORMULA FOR 6¢
LOCAL OPTION GAS TAX (ADMINISTRATIVE) 16
May 22, 2012 3
OK 142 PG 472
10.B. PUBLIC DISCUSSION ITEMS - NONE 16
10.C. PUBLIC NOTICE ITEMS - NONE 16
11. COUNTY ADMINISTRATOR MATTERS —NONE 16
12. DEPARTMENTAL MATTERS 16
12.A. COMMUNITY DEVELOPMENT 16
12.A.1. CONSIDERATION OF A REQUEST FROM NYLACARB CORPORATION FOR A LOCAL
JOBS GRANT 17
12.B. EMERGENCY SERVICES - NONE 17
12.C. GENERAL SERVICES - NONE 18
12.D. HUMAN RESOURCES - NONE 18
12.E. HUMAN SERVICES - NONE 18
12.F. LEISURE SERVICES - NONE 18
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 18
12.H. RECREATION - NONE 18
12.I. PUBLIC WORKS 18
12.I.1. AWARD OF BID NO: 2012036 OSLO ROAD PHASE III ROADWAY IMPROVEMENTS
(58TH AVENUE TO 43RD AVENUE) IRC PROJECT NO. 0517 18
12.J. UTILITIES SERVICES 19
12.J.1. APPROVAL FOR RETAINING THE UTILITIES DEPARTMENT LABOR CONTRACTOR
TO CONSTRUCT AN ADDITIONAL FIRE HYDRANT AT THE THOMPSON
ELEMENTARY SCHOOL FOR SCHOOL DISTRICT OF INDIAN RIVER COUNTY AND
APPROVAL OF WORK AUTHORIZATION No. 2010-005 TO MELVIN BUSH
CONSTRUCTION, INC. - UCP 4089 19
13. COUNTY ATTORNEY MATTERS 20
13.A. PROPOSED PLAN SURVEY FORM, ETC. FOR WATER/WASTEWATER SURVEY;
SELECTION OF CPA FIRM TO RECEIVE COMPLETED SURVEY FORMS 20
14. COMMISSIONER ITEMS 21
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 21
14.B. COMMISSIONER PETER D. 0 BRYAN, VICE CHAIRMAN 21
May 22, 2012 4
BK 142 PG 473
14.B.1. CONSIDERATION TO SUSPEND IMPACT FEES 21
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 24
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 24
14.E. COMMISSIONER BOB SOLARI - NONE 24
15. SPECIAL DISTRICTS AND BOARDS 24
15.A. EMERGENCY SERVICES DISTRICT - NONE 24
15.B. SOLID WASTE DISPOSAL DISTRICT 25
15.B.1. APPROVAL OF MINUTES MEETING OF MARCH 13, 2012 25
15.B.2 APPROVAL OF MINUTES MEETING OF MARCH 20, 2012 25
15.B.3. REQUEST TO PARTICIPATE IN THE "2012 GREEN SERIES" AT INDIAN RIVER
MALL 25
15.B.4. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FELLSMERE AND
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT FOR A SINGLE
STREAM RECYCLING PILOT PROGRAM 25
15.B.5. ADDITION - EMERGENCY ITEM: PERMISSION TO ISSUE NOTICE OF PUBLIC
HEARING TO AMEND SOLID WASTE DISPOSAL DISTRICT (SWDD) RATES BY
RESOLUTION 2012-001 25
15.C. ENVIRONMENTAL CONTROL BOARD 25
15.C.1. REPORT OF ACTIVITIES FOR SECOND QUARTER FY 11-12 (JANUARY THROUGH
MARCH, 2012) 26
16. ADJOURNMENT 26
May 22, 2012 5
BR 142 PG 474
JEFFREY K. BARTON
Clerk to the Board
May 22, 2012
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Flonda, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, May 22, 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 Maria Suesz.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Commissioner Davis delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Baird led the Pledge of Allegiance to the Flag.
May 22, 2012 1
IN 142 PG 475
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Wheeler requested the following changes to the Agenda:
ADDITION: EMERGENCY ITEMS. C. PRESENTATION OF PROCLAMATION
DESIGNATING MAY 20-26, 2012 AS EMERGENCY MEDICAL SERVICES
WEEK
ADDITION: EMERGENCY ITEM 15.B. 5. PERMISSION TO ISSUE NOTICE OF
PUBLIC HEARING TO AMEND SOLID WASTE DISPOSAL DISTRICT (SWDD)
RATES BY RESOLUTION 2012-001
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING MAY 28, 2012 AS
MEMORIAL DAY
(Clerk's note: This item followed Item 14. B. and is placed here for continuity).
Commissioner Flescher read the proclamation into the record. He, along with
Commissioners Solari and Wheeler, encouraged everyone to attend the Memorial Day ceremony
at 9:00 a m on May 28, 2012, at the Veterans Memorial Island Sanctuary.
May 22, 2012 2
BK f142PG1476
S.B. PRESENTATION ANNOUNCING 35TH ANNUAL TROPICAL NIGHT LUAU,
SATURDAY JUNE 2ND, 2012, BY BARBARA SCHLITT FORD, EXECUTIVE
DIRECTOR, YOUTH GUIDANCE MENTORING AND ACTIVITIES PROGRAM OF
INDL4NRIVER COUNTY
Barbara Schlitt Ford, Executive Director, Youth Guidance Program, accompanied by
several committee members, provided information on the upcoming Tropical Night Luau to be
held at Quail Valley River Club on June 2, 2012, from 7.00 11:00 p.m. She invited everyone
to attend and relayed that the proceeds would fund summer camp scholarships and the year-
round Youth Guidance programs.
5.C. ADDITION - EMERGENCY ITEM: PRESENTATION OF PROCLAMATION
DESIGNATING MAY 20-26, 2012 AS EMERGENCY MEDICAL SERVICES
WEEK
Vice Chairman O'Bryan read and presented the Proclamation to Assistant Fire Chief
Brian Burkeen, who accepted on behalf of the Emergency Services staff.
6. APPROVAL OF MINUTES
6.A. MEETING OF MARCH 20, 2012
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner Flescher, SECONDED
by Chairman Wheeler, the Board unanimously approved
the minutes of the March 20, 2012 meeting, as written.
May 22, 2012 3
BK ! 4 2 PG 477
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Commissioner Solari requested Item B be pulled for discussion.
Vice Chairman O'Bryan requested Item F. be pulled for discussion.
Commissioner Flescher requested Item H. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES MAY 4, 2012 TO MAY 10, 2012
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved the
list of Warrants and Wires as issued by the Clerk to the
Board for the time period of May 4, 2012 to May 10,
2012, as requested in the memorandum of May 10, 2012.
8.B. RESOLUTION SUPPORTING THE USE OF FLORIDA NATIVE WILDFLOWERS
Commissioner Solari requested further information about the proposed resolution.
Ruth Stanbridge, 4835 66th Avenue, Board Member of the Indian River County
Historical Society, relayed the Historical Society's request for the Board to approve the proposed
Resolution supporting the use of Florida native wildflowers. She stated that the wildflowers
would be planted for educational purposes by a private landscaper on the Hallstrom Farmstead,
May 22, 2012 4
BK 142 PG 478
and that the Historical Society encourages all landscapers to use native plants. She noted that
there is no cost to the County; the landscaper will be working pro bono and her fee will be used
as a match for the grant funds offered by the Florida Wildflower Foundation.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Solari, the Board unanimously approved
Resolution 2012-044, supporting the use of Florida native
wildflowers in Indian River County, Florida.
8.C. MISCELLANEOUS BUDGET AMENDMENT 011
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved
Resolution 2012-045, amending the Fiscal Year 2011-
2012 Budget.
8.D. M.A. C.E. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT) PROJECT
GENERATED INCOME (PGI) MISCELLANEOUS BUDGET AMENDMENT 012
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved
Resolution 2012-046, amending the Fiscal Year 2011-
2012 Budget.
BK 142 PG 479
May 22, 2012 5
8.E. FINAL PAY TO MASTELLER AND MOLER, INC. FOR WORK ORDER No. 12
ASSOCIATED WITH DEVELOPMENT OFA NORTH COUNTY RECLAIMED
WATER SYSTEM IMPLEMENTATION PLAN
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved: (1)
final payment in the amount of $2,075.90 to Masteller and
Moler, Inc. (M&M), for Work Order No. 12 for consulting
services; (2) found that the project is needed to
accommodate new growth in the County; (3) found that
new growth will proportionately benefit from the project;
and (4) approved the project as presented, and as
recommended in the memorandum of May 10, 2012.
8.F. APPROVAL OF CHANGE ORDER No. 4 TO WORK ORDER No. PCS -1 WITH
HYDROMENTIA, INC. FOR ADDITIONAL ENGINEERING AND PERMIT
PROCUREMENT SERVICES, AND ELECTRICAL AND STRUCTURAL DESIGN
SERVICES FOR THE PC SOUTH NUTRIENT RECOVERY FACILITY
Vice Chairman O'Bryan objected to what he felt were excessive administrative costs in
the proposed agreement with HydroMentia.
Public Works Director Christopher Mora explained that an ongoing issue with the fees
has been that HydroMentia, Inc. is the patent holder on the algal turf scrubber process that will
be used at the Pollution Control (PC) South Nutrient Recovery Facility adjacent to the South
Relief Canal. He relayed, too that additional permitting and engineering requirements imposed
by the Florida Department of Environmental Protection (FDEP) have resulted in increased costs.
Director Mora stated that staff would see if HydroMentia would lower their fees, and whether it
May 22, 2012 6
BK 142 PG 480
would be more cost-effective to have other companies perform some of the engineering and
structural services.
County Administrator Joseph Baird affirmed that staff would bring this item back to a
future County Commission meeting.
Discussion followed as Director Mora provided an overview of the project and addressed
the Board's questions and comments.
Commissioner Solari commented on the County government's proactive stance on lagoon
preservation.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved to defer the decision on the proposed Change
Order No. 4 with Hydromentia, Inc., until the matter is
presented at a future Board meeting.
8.G. APPROVAL OF CHANGE ORDER Nal TO A CONTRACT WITH SAFETY &
ENVIRONMENTAL SYSTEMS, INC. FOR CONSTRUCTION OF BOARDWALKS
AND TRAIL SEGMENTS ON THE FLINN TRACT OF THE LAGOON GREENWAY
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved and
authorized the Chairman to execute Change Order No. 1
to the Lagoon Greenway Phase IIa Construction
Agreement with Safety & Environmental Systems, Inc.
(SESI), as recommended in the memorandum of May 14,
2012.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 22, 2012 7
BK 142 PG 481
8.H. AWARD OF BID # 2012046 FOR REQUEST FOR QUOTATION/PROPOSAL FOR
SEASONAL MOBILE CONCESSION SERVICES AT THE NORTH COUNTY
AQUATIC CENTER
Commissioner Flescher voiced support for the proposed concession services at the North
County Aquatic Center. He also declared that it would be beneficial for patrons to be able to
purchase a meal at the Indian River County Shooting Range, and wanted to see whether the
proposed concessionaire Joseph M. Waddy dba/Freddy's Hot Dog House ("Freddy's Hot Dog
House"), would expand his proposal to include food service at the Range.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman Wheeler, to: (1) approve
staff's recommendation; and (2) to direct staff to explore
whether the proposed Concessionaire Agreement with
Freddy's Hot Dog House can be expanded to include the
provision of concession services at the Indian River
County Public Shooting Range.
County Administrator Baird noted that several inquiries have been made about providing
food services at remote locations like Round Island Park, and Treasure Shores and Golden Sands
Beach Parks. He offered to put forth a Request for Quotation/Proposal or see if the
concessionaire agreement with Freddy's Hotdog House can be expanded to include additional
locations.
Attorney Polackwich confirmed that it would be legal for the County to bring a food
vendor into its park areas.
May 22, 2012 8
142 PG 482
MOTION WAS AMENDED BY Commissioner Flescher,
SECONDED by Chairman Wheeler, to direct staff to
explore whether the proposed Concessionaire Agreement
with Freddy's Hot Dog House can be expanded to include
additional concession services at the Indian River County
Public Shooting Range and the proposed locations of
Round Island Park, and Treasure Shores and/or Golden
Sands Beach Parks.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously: (1) approved to
award a Seasonal Mobile Food Service Contract to Joseph
M. Waddy dba/Freddy's Hot Dog House; (2) authorized
the Chairman to execute a Concessionaire Agreement
according to the general terms outlined on page 55 of the
agenda packet, to be prepared and approved by the County
Attorney, and (3) directed staff to see whether the
Concessionaire Agreement can be expanded to include
additional concession services at the Indian River County
Shooting Range, and the proposed locations of Round
Island Park, and Treasure Shores and/or Golden Sands
Beach Parks.
CONCESSIONAIRE AGREEMENT AND ADDENDUM ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD
May 22, 2012 9
BK 142 PG 483
8.I. PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL
PROFESSIONAL GEOTECHNICAL ENGINEERING SERVICES FOR A.M.
ENGINEERING AND TESTING, INC. RFQ No. 2010021 CHANGE OF NAME
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously assigned the
Professional Geotechnical Services Agreement for Annual
Professional Geotechnical Engineering Services from
A.M. Engineering and Testing, Inc. to GFA International,
Inc., as recommended in the memorandum of May 10,
2012.
8.J. CHANGE ORDER No. I - FINAL PAYMENT AND RELEASE OF RETAINAGE
INDIAN RIVER BOULEVARD & 17TH STREET INTERSECTION
IMPROVEMENTS BID No. 2011048 IRC PROJECT NO. 1024
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved
Change Order No. 1 and payment of Timothy Rose
Contracting, Inc. Application for Payment No. 3 FINAL in
the amount of $10,905.30 for final payment and release of
retainage, as recommended in the memorandum of May 9,
2012.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 22, 2012 10
BK 142 PG 484
8.K. WORK ORDER No. 3 -MASTELLER, MOLER, REED AND TAYLOR, INC. 87TH
STREET RIGHT-OF-WAY AND TOPOGRAPHIC SURVEY FROM CR 510 TO
101ST AVENUE IRC PROJECT NO. 1205
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved and
authorized the Chairman to execute Work Order No. 3
with Masteller, Moler, Reed and Taylor, Inc., authorizing
the project as outlined in the Scope of Services, as
recommended in the memorandum of May 9, 2012.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. FDOT LOCAL AGENCY PROGRAM (LAP) AGREEMENT AND RESOLUTION
AUTHORIZING THE CHAIRMAN'S SIGNATURE, OLD DIXIE HIGHWAY
SIDEWALK FROM 8TH STREET TO 20TH STREET, IRC PROJECT NO. 1102 -
FM#: 425710-1-58-01
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved
Resolution 2012-047, authorizing the Chairman's
execution of a Local Agency Program Agreement for
construction of a 5 -foot sidewalk along the east side of
Old Dixie Highway from 8th Street to 20th Street.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 22, 2012 11
BE 142 PG 485
8.M. 1'.D. O. T. TRANSPORTATION REGIONAL INCENTIVE PROGRAM (TRIP)
AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE IRC PROJECT NO. 0545B - 66TH AVENUE FROM SR -60 TO
41ST STREET FM#: 425883-1-58-01
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved
Resolution 2012-048, with the Florida Department of
Transportation authorizing the Chairman's execution of a
Transportation Regional Incentive Program Agreement for
construction (widening and reconstruction) along 66th
Avenue from SR -60 to 41st Street.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S)
10.A.1. COUNTY INITIATED REQUEST TO REDESIGNATE 11,171.45 ACRES
OWNED BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
(SJR WMD) (1531.68 ACRES LOCATED SOUTH OF CITY OF FELLSMERE
AND 3 % MILES NORTH OF S.R. 60, AND 1639.77ACRES LOCATED 1 1/2
MILES NORTH OF S.R. 60 AND 3 MILES WEST OF I-95), FROMAG-2,
AGRICULTURAL -2 (UP TO 1 UNIT /10 ACRES), TO C-1, CONSERVATION -1
(ZERO DENSITY), AND TO REDESIGNATE 1350 ACRES OWNED BYINDL4N
May 22, 2012 12
BK 142 PG 486
RIVER COUNTY LOCATED WEST OF BLUE CYPRESS LAKE AND
APPROXIMATELY 6/2 MILES NORTH OF S.R. 60, FROMAG-3,
AGRICULTURAL -3 (UP TO 1 UNIT/20 ACRES), TO C-1, CONSERVATION -1
(ZERO DENSITY); (L UDA 2012030079-68142) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating, through a PowerPoint presentation
(copy on file), provided a description and analysis of the County -initiated request to rezone to
Conservation -1 (C-1), one County -owned property from Agriculture -3 (AG -3), and two
Agriculture -2 (AG -2) properties owned by the St. John's River Water Management District. He
said that if the Board approves the transmittal of the proposed amendment to the review
agencies, staff would address any concerns raised by the agencies, and a second public hearing
would be scheduled to adopt the amendment. He thereafter conveyed the recommendations of
the Planning and Zoning Commission and staff for the County Commission to: (1) approve the
proposed Resolution to transmit the proposed Future Land Use Map Amendment to the review
agencies and (2) to announce the Board's intention to advertise and hold a final public hearing at
the adoption stage of the Comprehensive Plan Amendment process.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Commissioner Solari, to approve staff's
recommendation.
Commissioner Davis sought and received confirmation from Director Keating that the
Department of Community Affairs (DCA) has eliminated the requirement to submit the
May 22, 2012 13
BI{ 142 PG 487
Comprehensive Plan Amendments only twice a year. He was concerned that the twice -yearly
submittals of Comprehensive Plan Amendments might adversely affect the business community,
and wanted to explore the possibility of the County having a thirty -day submittal window.
Board.
Director Keating affirmed that staff would research this matter and report back to the
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Resolution 2012-049, approving the transmittal of a
proposed Indian River County Comprehensive Plan Future
Land Use Map Amendment to State and Regional Review
Agencies.
10.A.2. CONSIDERATION OF REQUEST BY DR. JOHN CAIRNS TO AMEND ROAD
WIDTH REQUIREMENTS FOR MINING HAUL ROUTE ROAD SEGMENTS NOT
USED BY THE GENERAL PUBLIC (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling used a PowerPoint presentation (on file), to provide
background and analysis on the request of Dr. John Cairns (owner of Cairns 80 Acre Sand
Mine), for the County to allow haul route segments not used by the general public to be less than
the 24 -foot minimum width required in the Land Development Regulations (LDR's). He
thereafter conveyed the recommendations of the Planning and Zoning Commission and staff for
the Board to adopt the proposed Ordinance amending Chapter 934 Excavating and Mining of the
LDRs to allow haul route segments to be less than 24 feet wide, if reduced by the Public Works
Director for haul route segments not used by the general public.
May 22, 2012 14
BK 142PG488
Vice Chairman O'Bryan wondered whether the Ordinance should be structured to include
a requirement for a minimum width of 20 feet for the haul routes that would qualify for the LDR
change.
A brief discussion ensued among the Board, with input from Director Boling, after which
it was decided to make no change to the proposed Ordinance.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Winds Subdivision, asked whether the proposed LDR change
should be restricted to dirt roads west of I-95.
Director Boling responded that it was conceivable that the LDR amendment could apply
to some areas east of I-95, and said that he preferred to keep the Ordinance as structured.
Aaron Bowles, MBV Engineering, 1835 20th Street, invited questions from the Board.
There were none
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2012-012, concerning amendments to its Land
Development Regulations (LDRs); providing for
amendments to Chapter 934, Excavation and Mining, by
amending Mining Traffic and Nuisance Mitigation
Standards Section 934.06(4); and by providing for repeal
of conflicting provisions; codification; severability; and
effective date.
May 22, 2012 15
BK 142 PG 489
10.A. 3. PUBLIC HEARING TO CONSIDER REVENUE DISTRIBUTION FORMULA FOR
60 LOCAL OPTION GAS TAX (ADMINISTRATIVE)
Public Works Director Christopher Mora conveyed that the Board is required to hold a
Public Hearing every two years to approve the revenue distribution formula for the 6¢ Local
Option Gas Tax. He directed the Board's attention to the distribution formulas for Indian River
County, Vero Beach, Fellsmere, Sebastian, Orchid, and Indian River Shores outlined on page
204 of the agenda packet (see Addendum A of these minutes), and presented staff's
recommendation to approve the formulas as presented.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Chairman Wheeler, the Board unanimously approved the
2012-2013 revenue distribution percentages (see
Addendum A of these minutes), as recommended in the
memorandum of May 2, 2012.
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
May 22, 2012 16
BK 142 PG 1490
12.A.1. CONSIDERATION OF A REQUEST FROM NYLACARB CORPORATION FOR A
LOCAL JOBS GRANT
Director Keating presented background on Nylacarb Corporation's ("Nylacarb") request
for a local fobs grant to expand their plastics infection molded products company, which is
located on 98th Avenue, south of State Road 60. He revealed that the company currently
employs 30 people and plans to hire 12 more workers. He thereafter conveyed the
recommendations of the Economic Development Council (EDC) and staff for the Board to
approve the jobs grant in an amount not to exceed $38,000.
Scott Cooley, Nylacarb Corporation, relayed that Nylacarb has been operating in Indian
River County since 1987, and invited questions from the Board.
Vice Chairman O'Bryan observed that it was nice to see the Jobs Grant Program
benefitting an old, established business. He recalled that the County had not been too receptive
when the company first came to the County, and hoped Nylacarb would notice a favorable
change in the County's attitude.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) a local jobs grant of up to $38,000 for Nylacarb
Corporation; and (2) authorized the Chairman to execute
the Jobs Grant Agreement with Nylacarb Corporation after
approval of the agreement by appropriate County staff and
the County Attorney's office, as recommended in the
memorandum of May 11, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.B. EMERGENCY SERVICES - NONE
May 22, 2012 17
B( 142 PG 491
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 - NONE
12.H. RECREATION- NONE
12.1. PUBLIC WORKS
12.1.1. AWARD OF BID No: 2012036 OSLO ROAD PHASE III ROADWAY
IMPROVEMENTS (58TH AVENUE TO 43RD AVENUE) IRC PROJECT No. 0517
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Chairman Wheeler, to approve staff's
recommendation.
Vice Chairman O'Bryan commented that this continuation of the Oslo Road expansion
project would provide a 4 -lane roadway from 58th Avenue to 43rd Avenue. He also mentioned
that he was pleased a local contractor would be awarded the bid.
Commissioner Davis sought and received confirmation from Director Mora that fiber
optic cable was being installed in conjunction with the road project.
May 22, 2012 18
BK 4924
A brief discussion followed, with input from Director Mora and Project Engineer Arjuna
Weragoda, about the possibility of incorporating natural gas distribution lines into the County's
infrastructure.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) approved
the project award for IRC Project No. 0517 to Timothy
Rose Contracting, Inc., in the amount of $3,812,202.37;
(2) approved the sample agreement; and (3) authorized the
Chairman to execute said agreement after receipt and
approval of the required Public Construction Bond and
certificate of insurance and after the County Attorney has
approved the agreement as to form and legal sufficiency,
as recommended in the memorandum of May 7, 2012.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. UTILITIES SERVICES
12. J.1. APPROVAL FOR RETAINING THE UTILITIES DEPARTMENT LABOR
CONTRACTOR TO CONSTRUCT AN ADDITIONAL FIRE HYDRANT AT THE
THOMPSON ELEMENTARY SCHOOL FOR SCHOOL DISTRICT OF INDIAN
RIVER COUNTY AND APPROVAL OF WORK AUTHORIZATION Na 2010-005
TO MELVIN BUSH CONSTRUCTION, INC. - UCP 4089
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the amount of $7,376.55 for the 57th Street
Stormwater Restoration Project; (2) approved using the
Utility Department Labor Contractor to install a fire
hydrant for the School District; (3) approved and
May 22, 2012 19
IC 142 PG 493
authorized the Chairman to execute Work Authorization
No. 2010-005 to Melvin Bush Construction, Inc., for an
amount of $3,091.55 for labor; and (4) found that new
growth will proportionately benefit from the project; all as
recommended in the memorandum of May 14, 2012.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. PROPOSED PLAN, SURVEY FORM, ETC. FOR WATER/WASTEWATER
SURVEY; SELECTION OF CPA FIRM TO RECEIVE COMPLETED SURVEY
FoRMs
County Attorney Alan S. Polackwich, Sr. provided a brief history of the County's Water
and Wastewater Franchise agreements with the City of Vero Beach ("the City") for the provision
of utility services to certain areas of the unincorporated County. He recalled that the franchises
are scheduled to expire in March 2017, and at the April 17, 2012 County Commission meeting,
the Board approved to conduct a mail survey to see if the affected residents would rather have
the City or County provide their utilities. He reviewed the proposed plan and documents for
implementing the survey and reminded the Board they would need to select a CPA firm to
handle the survey forms and compile the results. He anticipated that the surveys would be sent
out on November 9, 2012, and the final results announced by the CPA by December 14, 2012.
He thereafter presented staff s recommendation for the Board to approve the plan and associated
documents, and to select the CPA firm of Harris, Cotherman, Jones, Price & Associates.
Commissioner Solari observed that the State is more apt to make the service area changes
if the majority of customers would prefer County water/wastewater services.
May 22, 2012 20
if 142 PG 494
ON MOTION by Commissioner Solari, SECONDED by
Chairman Wheeler, the Board unanimously approved: (1)
the survey plan and related documents attached as
Composite Exhibit B on pages 256-260 of the agenda
package; and (2) the firm of Harris, Cotherman, Jones,
Price & Associates to receive completed survey forms and
tabulate the results, as recommended in the memorandum
of May 14, 2012.
The Chairman called a recess at 10:06 a.m., and reconvened the meeting at 10:15 a.m.,
with all members present.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN
14.B.1. CONSIDERATION TO SUSPEND IMPACT FEES
Vice Chairman O'Bryan relayed the Economic Development Council's (EDC) request
for the Board to suspend all impact fees for the next two fiscal years, and asked if the
Commissioners wanted to hold a public hearing on whether or not to suspend said fees. He also
addressed Chairman Wheeler's question regarding EDC's vote tally, about which there had been
some confusion.
Don Wright, Vice Mayor of Sebastian (speaking as a citizen) believed that impact fees
pose a significant start-up cost, and their temporary suspension would help advance commercial
development. He advocated increasing the optional fuel tax from six (6) to twelve (12) cents to
help fund transportation costs, and encouraged the Board to hold the public hearing to discuss the
proposed two-year suspension of the fees.
May 22, 2012 21
11 142 PG 495
Joseph Paladin opined that eliminating the impact fees would lead to increased taxes, a
reduction in services, and the inability to maintain or grow the infrastructure. He believed that
commercial/retail establishments create less demand on the infrastructure and suggested
businesses be allowed to finance their fees over a period of years.
Chuck Mechling, 1999 Point West Drive supported retaining the impact fees as an
essential revenue source. He agreed with Vice Mayor Wright's suggestion for the Board to
consider an increase to the local option gas tax for transportation revenues. He also wanted the
Board to discuss how the impact fee rates are calculated.
Brian Carman, Indian River Neighborhood Association, was opposed to the elimination
of the impact fees, because you may remove the fee, but the impact remains, and he did not want
an additional burden placed on the taxpayers. He requested further discussion on the calculation
of commercial impact fees.
Charlie Wilson, 1057 6th Avenue, spoke about the effects of impact fees on the economy
and the County's high unemployment rate. He pointed out that there seems to be a consensus
among the Board and speakers that there is a difference between the impacts created by
commercial and residential development, and suggested that the commercial impact fees be
restructured.
Commissioner Solari declared that impact fees were designed to pay for growth not
economic development, and that the temporary hiatus would not be effective. He felt that the
most positive impact the County could have on businesses would be through its programs, such
as the local jobs grant awarded to Nylacarb Corporation today (see Item 12.A. Community
Development).
May 22, 2012 22
8I{i42PG49f
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Commissioner Flescher, to DENY the
Economic Development Council's recommendation to
suspend impact fees for the next two fiscal years.
Commissioner Flescher was opposed to the temporary abeyance of the impact fees. He
observed that they were intended to fund new development, not growth, and feared that
suspending the fees would lead to a tax increase.
Chairman Wheeler declared that it is necessary to have a source of funding for roads and
new development.
Commissioner Davis opposed the Motion because he felt that the debate on commercial
impact fees being too high has not been addressed.
Vice Chairman O'Bryan summarized that the Board's decisions will be whether to
suspend all impact fees for the next two fiscal years, and whether to have staff re-evaluate how
commercial impact fees are derived. He talked about the success of the local jobs grant program
and noted that the Board can work with any business that finds the impact fees a deterrent to
moving forward
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Davis opposed), the Motion carried.
The Board DENIED the Economic Development
Council's recommendation to suspend impact fees for the
next two fiscal years
May 22, 2012 23
BK 142 PG 497
MOTION WAS MADE by Vice Chairman O'Bryan,
SECONDED by Chairman Wheeler, to direct staff to
evaluate how commercial impact fees are calculated and
report back to the Board.
Commissioner Davis was dismayed with how much impact fees escalate for businesses
trying to expand or convert an existing facility to another use. He also disagreed with the way
the trips are calculated for commercial development, such as when a bank is located in a
residential neighborhood.
Chairman Wheeler agreed that it is residential, not commercial, development that creates
the demand for infrastructure.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
evaluate how commercial impact fees are calculated, and
report back to the Board.
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
May 22, 2012 24
BK I42PG498
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15.B. SOLID WASTE DISPOSAL DISTRICT
The Regular Board reconvened as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are available separately.
15.B.1. APPROVAL OF MINUTES MEETING OF MARCH 13, 2012
15.B.2 APPROVAL OF MINUTES MEETING OF MARCH 20, 2012
15.B.3. REQUEST TO PARTICIPATE IN THE "2012 GREEN SERIES" AT INDIAN
RIVER MALL
15.B.4. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
FELLSMERE AND INDIAN RIVER COUNTY SOLID WASTE DISPOSAL
DISTRICT FOR A SINGLE STREAM RECYCLING PILOT PROGRAM
15.B.5. ADDITION - EMERGENCY ITEM: PERMISSION TO ISSUE NOTICE OF
PUBLIC HEARING TO AMEND SOLID WASTE DISPOSAL DISTRICT (S WDD)
RATES BYRESOLUTION 2012-001
15.C. ENVIRONMENTAL CONTROL BOARD
The Solid Waste Disposal District Board reconvened as the Board of Commissioners of
the Environmental Control Board Those Minutes are available separately.
May 22, 2012 25
BK 142PG500
15.C.1. REPORT OF ACTIVITIES FOR SECOND QUARTER FY 11-12 (JANUARY
THROUGH MARCH, 2012)
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 Board of County Commission
meeting adjourned at 11:03 a.m.
ATTEST:
Je
C erk of Circuit Court & Comptroller
Minutes Approved: J U L 0 3 2012
BCC/MG/2012 Minutes
Gary C.
May 22, 2012 26
heeler, Chairman
BIC 142 PG 501