HomeMy WebLinkAbout05/08/2012MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, MAY 8, 2012 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Gary C. Wheeler, Chairman
Peter D. O'Bryan, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Bob Solari
District 3
District 4
District 1
District 2
District 5
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Deputy Teddy Floyd, Indian River County
Sheriff's Department
Commissioner Bob Solari
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Designating the Month of May as Foster Parent
Appreciation Month
B. Presentation of Proclamation Recognizing May 06 — 12, 2012 as National
Correctional Officers Week
May 8, 2012
PAGE
1
2
DK 142 PG 4QI
Page l of 6
6. APPROVAL OF MINUTES
None
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. City Of Vero Beach Committee Representative to the Public School
Planning Citizens Oversight Committee for 2012
(memorandum dated April 27, 2012)
PAGE
3-4
B. 2012 Election of School Planning Citizens Oversight Committee Chairman
and Vice Chairman
(memorandum dated April 27, 2012)
5
8. CONSENT AGENDA
A. Approval of Warrants and Wires — April 20, 2012 to April 26, 2012
(memorandum dated April 26, 2012) 6-12
B. Execution of Revised Easement to William E Rutz, Trustee of the Mary
Algene Rutz Trust — Oslo Road Improvement Project
(memorandum dated April 25, 2012)
13-17
C. Second Amendment to Feedstock Supply Agreement with INEOS
(memorandum dated May 2, 2012) 18-22
D. Resolution Canceling Taxes on Property Acquired by the City of Fellsmere
for Open Space for Water Utility Uses
(memorandum dated May 1, 2012)
23-28
E. Approval of Bid Award for IRC Bid No. 2012039 Demolition and Removal
of Five (5) Condemned Structures
(memorandum dated May 1, 2012)
29-34
F. Award of Bid No 2012037 Miscellaneous Drainage Culvert Replacements
IRC Project No. 1142
(memorandum dated April 26, 2012)
35-45
G. Resolutions Cancelling Taxes on Properties Acquired by the Indian River
County Housing Authority for Public Purposes
(memorandum dated May 2, 2012)
46-57
!42 PG 402
May 8, 2012 Page 2 of 6
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
A. Indian River County Supervisor of Elections — Leslie Rossway Swan
Board of County Commissioner Approval of Supervisor of Elections
Proposed new Precincts Plan
(letter dated May 3, 2012) 58-59
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Ordinance Amending and Restating Chapter 201, Part III (Industrial
Pretreatment Regulations) of Indian River County Code
(memorandum dated May 1, 2012)
Legislative
B. PUBLIC DISCUSSION ITEMS
None
60-105
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearings for May 22, 2012:
(memorandum dated April 27, 2012) 106
May 8, 2012
a. Amendment to the Future Land Use Map by Changing the
Land Use Designation for ± 1,171.45 Acres Owned by the
St. John River Water Management District (SJRWMD)
(±531.68 Acres Located South of City of Fellsmere and 3 1/2
Miles North of SR60, and ±639.77 Acres Located 2 1/2
Miles North of SR60 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 /2 Miles North of
SR60, from AG -3, Agricultural -3 (up to 1 unit/20 Acres), to
C-1, Conservation -1 (zero density)
Legislative
b. 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
BK 142 PG 403
Page 3 of 6
10. PUBLIC ITEMS PAGE
11.
C. PUBLIC NOTICE ITEMS
2. Notice of Scheduled Public Hearing for May 15, 2012:
Public Notice of Public Hearing to Consider Adoption of an
Ordinance Amending and Adding Various Sections of Chapter 204
(Solid Waste Disposal) of the Code of Indian River County
(memorandum dated May 1, 2012)
107
Legislative
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
1. Consideration of Meeting Dates for Proposed Amendments to the
County's Land Development Regulations (LDRs)
(memorandum dated April 24, 2012)
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
108-109
BX 142 PG 4014
May 8, 2012 Page 4 of 6
12. DEPARTMENTAL MATTERS PAGE
H.
Recreation
None
I, Public Works
None
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. HB 5301 — Medicaid Backlog
(memorandum dated May 1, 2012) 110-111
14. COMMISSIONERS ITEMS
A. Commissioner Gary C, Wheeler, Chairman
None
B. Commissioner Peter D. O'Bryan, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E Flescher
None
E. Commissioner Bob Solari
1. Indian River County — Open for Business
(memorandum dated May 2, 2012) 112
15. SPECIAL DISTRICTS AND BOARDS
A.
Emergency Services District
None
MC 1 4 2 PG 405
May 8, 2012 Page 5 of 6
15. SPECIAL DISTRICTS AND BOARDS PAGE
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
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.
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 8, 2012
1i42PC406
Page 6 of 6
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
MAY 8, 2012
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS
FOSTER PARENT APPRECIATION MONTH 2
5.B. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 06 - 12, 2012 AS
NATIONAL CORRECTIONAL OFFICERS WEEK 2
6. APPROVAL OF MINUTES - NONE 2
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 2
7.A. CITY OF VERO BEACH COMMITTEE REPRESENTATIVE TO THE PUBLIC SCHOOL
PLANNING CITIZENS OVERSIGHT COMMITTEE FOR 2012 3
May 8, 2012 1
142 PG 407
7.B. 2012 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE
CHAIRMAN AND VICE CHAIRMAN 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS AND WIRES - APRIL 20, 2012 TO APRIL 26, 2012 3
B.B. EXECUTION OF REVISED EASEMENT TO WILLIAM E. RUTZ, MARY ALGENE
RUTZ, TRUSTEE OF THE MARY ALGENE RUTZ TRUST - OSLO ROAD
IMPROVEMENT PROJECT 4
B.C. SECOND AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT WITH INEOS 4
8.D. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY OF
FELLSMERE FOR OPEN SPACE FOR WATER UTILITY USES 5
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2012039 DEMOLITION AND
REMOVAL OF FIVE (5) CONDEMNED STRUCTURES 5
8.F. AWARD OF BID NO. 2012037 MISCELLANEOUS DRAINAGE CULVERT
REPLACEMENTS IRC PROJECT No. 1 142 6
8.G. RESOLUTIONS CANCELING TAXES ON PROPERTIES ACQUIRED BY THE INDIAN
RIVER COUNTY HOUSING AUTHORITY FOR PUBLIC PURPOSES
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 7
9.A. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS - LESLIE ROSSWAY SWAN:
B OARD OF COUNTY COMMISSIONER APPROVAL OF SUPERVISOR OF ELECTIONS
P ROPOSED NEW PRECINCTS PLAN 7
10. PUBLIC ITEMS 8
10.A. PUBLIC HEARING 8
10.A.1. ORDINANCE AMENDING AND RESTATING CHAPTER 201, PART III (INDUSTRIAL
PRETREATMENT REGULATIONS) OF INDIAN RIVER COUNTY CODE
(LEGISLATIVE) 8
10.B. PUBLIC DISCUSSION ITEMS 9
10.C. PUBLIC NOTICE ITEMS 9
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR MAY 22, 2012: 9
10.0.1. A. AMENDMENT TO THE FUTURE LAND USE MAP BY CHANGING THE LAND USE
D ESIGNATION FOR ± 1,171.45 ACRES OWNED BY THE ST. JOHN RIVER WATER
May 8, 2012 2
BK 1.42 PG 408
MANAGEMENT DISTRICT (SJRWMD) (±531.68 ACRES LOCATED SOUTH OF
CITY OF FELLSMERE AND 3 /2 MILES NORTH OF SR60, AND ±639.77 ACRES
LOCATED 2 '/z MILES NORTH OF SR60 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 '/z
MILES NORTH OF SR60, FROM AG -3, AGRICULTURAL -3 (UP TO 1 UNIT/20
ACRES), TO C-1, CONSERVATION -1 (ZERO DENSITY) (LEGISLATIVE 9
10.C.1. B. 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) 10
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR MAY 15, 2012 10
PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF AN
ORDINANCE AMENDING AND ADDING VARIOUS SECTIONS OF CHAPTER 204
(SOLID WASTE DISPOSAL) OF THE CODE OF INDIAN RIVER COUNTY
(LEGISLATIVE) 10
11. COUNTY ADMINISTRATOR MATTERS - NONE 10
12. DEPARTMENTAL MATTERS 10
12.A. COMMUNITY DEVELOPMENT 10
12.A.1. CONSIDERATION OF MEETING DATES FOR PROPOSED AMENDMENTS TO THE
COUNTY'S LAND DEVELOPMENT REGULATIONS (LDRs) 10
12.B. EMERGENCY SERVICES - NONE 11
12.C. GENERAL SERVICES - NONE 11
12.D. HUMAN RESOURCES - NONE 11
12.E. HUMAN SERVICES - NONE 11
12.F. LEISURE SERVICES - NONE 11
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 11
12.H. RECREATION - NONE 11
12.I. PUBLIC WORKS - NONE 12
12.J. UTILITIES SERVICES - NONE 12
13. COUNTY ATTORNEY MATTERS 12
13.A. HOUSE BILL 5301 (HB 5301) — MEDICAID BACKLOG 12
BK 142 PG 409
May 8, 2012 3
14. COMMISSIONER ITEMS 14
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 14
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN — NONE 14
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 14
14.D. COMMISSIONER JOSEPH E FLESCHER - NONE 14
14.E. COMMISSIONER BOB SOLARI 14
14.E.1. INDIAN RIVER COUNTY — OPEN FOR BUSINESS 15
15. SPECIAL DISTRICTS AND BOARDS 17
15.A. EMERGENCY SERVICES DISTRICT - NONE 17
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 17
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 17
16. ADJOURNMENT 18
May 8, 2012 4
142PG4I0
JEFFREY K. BARTON
Clerk to the Board
May 8, 2012
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, May 8, 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 Assistant County Administrator Michael Zito, County Attorney Alan S.
Polackwich, Sr., and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Wheeler called the meeting to order at 9:00 a.m.
2. INVOCATION
Deputy Teddy Floyd, Indian River County Sheriff's Department, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
May 8, 2012 1
1142 PG 411
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY
AS FOSTER PARENT APPRECL4TIONMONTH
Commissioner Davis read and presented the Proclamation to Janet Steward, Foster Care
Recruiter, who accepted on behalf of the Hibiscus Children's Center.
S.B. PRESENTATION OF PROCLAMATION RECOGNIZING MAY 06 -12, 2012 AS
NATIONAL CORRECTIONAL OFFICERS WEEK
Commissioner Flescher read and presented the Proclamation to Sheriff Deryl Loar,
Captain Selby Strickland, Sgt. Adam Bailey, 2011 Correctional Deputy of the Year Scott
Liberatore, Deputy Division Commander Ryan Hatfield, and Deputy Teddy Floyd.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
May 8, 2012 2
142 PG 412
7.A. CITY OF VERO BEACH COMMITTEE REPRESENTATIVE TO THE PUBLIC
SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE FOR 2012
Noted for the record was the appointment of Keith Pelan as the City of Vero Beach's
Representative on the Public School Planning Citizens Oversight Committee for 2012.
7.B. 2012 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the election of Mary Wolff as Chairman, and Yolanda Gamez as
Vice Chairman, of the Public School Planning Citizens Oversight Committee (SPCOC) for the
year 2012.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES - APRIL 20, 2012 TO APRIL 26,
2012
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of April 20, 2012 to April 26,
2012, as requested in the memorandum of April 26, 2012.
May 8, 2012 3
142 PG 413
8.B. EXECUTION OF REVISED EASEMENT TO WILLL4M E. RUTZ, MARY
ALGENE RUTZ, TRUSTEE OF THE MARY ALGENE RUTZ TRUST - OSLO
ROAD IMPROVEMENT PROJECT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the easement as
amended, with Mary Algene Rutz, Trustee of the Mary
Algene Rutz Trust U/A dated 3-31-00, as recommended in
the memorandum of April 25, 2012.
EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. SECOND AMENDMENT TO FEEDSTOCK SUPPLY AGREEMENT WITH INEOS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the Second Amendment to Feedstock Supply
Agreement Concerning Cash Deposit and Escrow
Agreement of Section 7.4, with INEOS New Planet
BioEnergy, LLC; and (2) authorized the Chairman to
execute same on behalf of the Solid Waste Disposal
District (SWDD), as recommended in the memorandum of
May 2, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 8, 2012 4
I42PGink
8.D. RESOLUTION CANCELING TAXES ON PROPERTY ACQUIRED BY THE CITY
OF FELLSMERE FOR OPEN SPACE FOR WATER UTILITY USES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2012-036, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Acquired from Lee Oscar Mays — 1031 Grant Avenue,
Fellsmere)
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2012039 DEMOLITION AND
REMOVAL OF FIVE (5) CONDEMNED STRUCTURES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the bid award to Henry Fischer & Sons, Inc.,
as the lowest most responsive and responsible bidder
meeting the specifications as set forth in the Invitation to
Bid; and (2) approved the issuance of a purchase order
after receipt and approval of the appropriate certificate of
insurance, as recommended in the memorandum of May 1,
2012.
May 8, 2012 5
BK 142 PG 415
8.F. AWARD OF BID No. 2012037 MISCELLANEOUS DRAINAGE CULVERT
REPLACEMENTS IRC PROJECT No. 1142
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved to award the project to Timothy Rose
Contracting, Inc., in the amount of $380,594.95; and (2)
authorized the Chairman to execute the Agreement with
Timothy Rose Contracting, Inc , as recommended in the
memorandum of April 26, 2012.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. RESOLUTIONS CANCELING TAXES ON PROPERTIES ACQUIRED BY THE
INDIAN RIVER COUNTY HOUSING AUTHORITY FOR PUBLICPURPOSES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2012-037, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Neighborhood Stabilization Program - Vero Lake Estates
8755 105th Court)
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2012-038, cancelling certain taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes.
(Neighborhood Stabilization Program - Vero Lake Estates
9056104`h Avenue)
May 8, 2012 6
BK 142 PC 416
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS - LESLIE ROSSWAY
SWAN: BOARD OF COUNTY COMMISSIONERS) APPROVAL OF SUPERVISOR
OF ELECTIONS PROPOSED NEW PRECINCTS PLAN
Supervisor of Elections Leslie Rossway Swan announced that the State has concluded its
redistricting process of redrawing new Congressional boundary lines. She reported that the
Elections Office has also finalized the County's new precinct boundary lines, which have been
redrawn to consolidate the precincts from 54 to 37, with voters continuing to vote at the 22
consolidated polling locations throughout the County. She conveyed that Gary Gordon, IT
Manager, would be updating the voter registration records, and new voter information cards are
slated to be mailed in July 2012. Ms. Swan recalled the Board's initial approval on March 6,
2012, of the proposed reduction of the number of voting precincts, and requested approval of the
final plan for the proposed new precincts.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Chairman Wheeler, the Board unanimously approved
the Supervisor of Elections' proposed plan for the
County s new precinct boundary lines, reducing the
number of voting precincts from 54 to 37, and numbering
the new precincts from 1 to 37, as requested in the letter of
May 3, 2012.
May 8, 2012 7
BK 142 PG 417
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. ORDINANCE AMENDING AND RESTATING CHAPTER 201, PART III
(INDUSTRIAL PRETREATMENT REGULATIONS) OF INDIAN RIVER COUNTY
CODE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan S. Polackwich, Sr. stated that since 1994, Part III of Chapter 201
of County Code has set forth the regulations required for certain industrial facilities to pretreat
wastewater before it is discharged into the County treatment system. He revealed that the Code
was amended in 2007 to keep up with Federal and State law, and that in order to comply with
changes in the industrial pretreatment regulations, another update is required by Ordinance.
Director of Utilities Erik Olson noted that a copy of the proposed Ordinance and notice of
the public hearing has been sent to the single facility in the County that meets the criteria for
compliance with the pretreatment regulations. He also explained for Commissioner Davis why,
in addition to the Federal and State laws, the County needs its own Ordinance regulating the
industrial pretreatment of wastewater.
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, wanted to know which industrial facility would
have to comply with the Ordinance.
Director Olson revealed that Parker Hannifin Corporation was currently the only
company subject to the pretreatment regulations, with the possibility that INEOS New Planet
BioEnergy could become subject to the regulations in the future.
May 8, 2012 8
MC 142 PG 418
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously adopted
Ordinance 2012-007, amending and restating Part III
(Industrial Pretreatment Regulations) of Chapter 201 of
the Code of Indian River County, Florida; providing for
severability; providing for codification; and providing for
an effective date.
10.B. PUBLIC DISCUSSION ITEMS
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS FOR MAY 22, 2012:
10. C.1. A. AMENDMENT TO THE FUTURE LAND USE MAP BY CHANGING THE
LAND USE DESIGNATION FOR ±1,171.45 ACRES OWNED BY THE Si'.
JOHN RIVER WATER MANAGEMENT DISTRICT (SJR WMD) (+531.68
ACRES LOCATED SOUTH OF CITY OF FELLSMERE AND 3 % MILES NORTH
OFSR60, AND 21639.77 ACRES LOCATED 2 / MILES NORTH OFSR6OAND
3 MILES WEST OFI-95), FROMAG-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 61/2 MILES NORTH
OF SR60, FROMAG-3, AGRICULTURAL -3 (UP TO 1 UNIT/20 ACRES), TO C-
1, CONSERVATION -1 (ZERO DENSITY) (LEGISLATIVE)
May 8, 2012 9
BK 142 PG 419
10. C.1. B. 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)
10. C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR MAY 15, 2012:
PUBLIC NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF AN
ORDINANCE AMENDING AND ADDING VARIOUS SECTIONS OF CHAPTER
204 (SOLID WASTE DISPOSAL) OF THE CODE OFINDIANRIVER COUNTY
(LEGISLATIVE)
The County Attorney read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS M. NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF MEETING DATES FOR PROPOSED AMENDMENTS
TO THE COUNTY'S LAND DEVELOPMENT REGULATIONS (LDRs)
Planning Director Stan Boling reported that staff has been working on a large number of
amendments to the County's Land Development Regulations (LDRs). He explained that since
some of the amendments will change allowed uses in certain zoning districts, the Board is
required to hold two public hearings, and that unless four or five Commissioners vote otherwise,
the Board needs to hold one of the hearings after 5 00 p.m. Director Boling revealed that the
Agriculture Advisory Committee (AAC) and the Planning & Zoning Commission (P&Z) would
be holding public workshops on certain amendments on May 11 and May 31, 2012 respectively,
and suggested that the Board schedule its public hearings for June 19 and July 10, 2012.
May 8, 2012 10
BK 142 PC 420
Vice Chairman O'Bryan stated that since some major changes are proposed to the LDR's,
one of the public hearings should be held in the evening.
Chairman Wheeler suggested that the second public hearing on July 10, 2012 be held at
5:01 p.m.
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman O'Bryan, the Board unanimously
concurred with the proposed hearing dates/times of
Tuesday, June 19, 2012 at 9:00 a.m., and Tuesday, July
10, 2012, at 5:01 p.m., to consider the LDR amendments,
as recommended in the memorandum of April 24, 2012.
Assistant County Administrator Michael Zito confirmed with Chairman Wheeler that the
evening meeting would be dedicated to the public hearing on the LDR amendments.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12. F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
May 8, 2012 11
BK 1.42 PG 421
12.L PUBLIC WORKS - NONE
12..1 UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. HOUSE BILL 5301 (HB 5301) - MEDICAID BACKLOG
Attorney Polackwich provided background on House Bill 5301 (HB 5301) which
authorizes the State to collect back payments for Medicaid bills that were disputed and unpaid by
Florida counties. He relayed that on August 1, 2012, the Agency for Healthcare Administration
("AHCA") will be making a final determination on the amount owed by each County, and the
Board will need to decide whether to pay 85% of the final amount, or challenge the figure and
pay 100% of the final amount. Attorney Polackwich recalled that at the April 17, 2012 County
Commission meeting, the Board had discussed whether to join the Florida Association of
Counties' (FAC) lawsuit challenging the constitutionality of HB 5301, and decided to defer a
decision until more information was available. Attorney Polackwich stated that since he did not
foresee sufficient information or an agreement being reached on the bill prior to AHCA's
determination, he recommended the Board join the lawsuit for the one-time fee of $3,500.
Chairman Wheeler objected to the State's demand that the County pay 100% of the
State's final figure if the County decides to contest the amount. He was also disturbed by the
lack of response by State legislators to the Board's request for them to explain why they voted
for HB 5301.
Attorney Polackwich revealed that Representative Debbie Mayfield has met with County
and Hospital District representatives and pledged to be present when County staff meets with the
AHCA on May 22, 2012 to discuss the County's charges.
May 8, 2012 12
1142 PG 422
Commissioner Davis wanted to know if the County would be better off paying 100% of
the back payments and joining the FAC lawsuit.
Attorney Polackwich clarified that joining FAC's lawsuit and disputing the State's figure
are two separate processes. After the AHCA's decision, the Board must decide whether to
accept the State's figure and pay 85%, or dispute the amount, pay 100% and file a petition with
the Florida Department of Administrative Hearings (DOAH) by September 1, 2012.
Assistant County Administrator Michael Zito added that the lawsuit will result in the
Statute being overturned or sustained; however, in the meantime, the County is abiding by the
Statute. He advised that since the County's sustainable denials of payment are well over 15%,
staff is preparing to challenge the State's figures.
Attorney Polackwich addressed Commissioner Davis's questions regarding the criteria
that are used to determine the residency status of the Medicaid patients, and the issue of
Medicaid bills that are transferred from other counties to Indian River County.
Commissioner Flescher expressed his support for the County's participation in the
lawsuit with the FAC.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Bob Johnson, Coral Wind Subdivision, asked how the County's cost of $3,500 was
derived, and inquired about the possibility of the State's final bill increasing.
Attorney Polackwich responded that as a medium-sized county, Indian River was being
assessed the $3,500.
May 8, 2012 13
BR 42 PG 423
Vice Chairman O'Bryan acknowledged that the bill could go either up or down.
However, he advocated doing the right thing — if the County needs to pay more because
additional patients were residents, then that would be the correct action. He felt that the State's
proposal was not the right approach to this situation.
Rene Renzi, Waverly Place, urged the Board to join the FAC lawsuit.
Vice Chairman O'Bryan agreed that the County's only true recourse would be to join the
FAC lawsuit and have the court overrule HB 5301.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved for the
County to join the Florida Association of Counties (FAC)
lawsuit challenging the constitutionality and
implementation of House Bill 5301 (HB 5301); and (2)
approved to direct payment of the contribution amount of
$3,500 to FAC, as recommended in the memorandum of
May 1, 2012.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE
14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN- NONE
14. C. COMMISSIONER WESLEY S. DAMS - NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER BOB SOLARI
May 8, 2012 14
BK 1 42 PG 424
14.E.1. INDIAN RIVER COUNTY- OPEN FOR BUSINESS
Commissioner Solari discussed his idea for the Board to craft a marketing piece that is
"County -centric" and sends to businesses a clear message of support from the County
Government. He wanted the material to highlight the advantages of locating or expanding a
business in the County.
Penny Chandler, Chamber of Commerce (the Chamber), displayed some of the
marketing materials, and noted that attached to one of the brochures is a flash drive containing a
video on the lifestyle, industries, infrastructure, programs, and services in the County. She
relayed the Economic Development Council's (EDC's) suggestion that the County feature the
video on its website.
Commissioner Solari applauded the Chamber's efforts, but wanted a handout that clearly
indicates that the County Government is open for business.
Commissioner Flescher affirmed that the Chamber's flash drive presentation clearly
sends the message that the County is open for business. He did not want to duplicate the
Chamber's efforts, and suggested including with the Chamber's promotional materials, a pro-
business letter from the Board listing various contact points within the County government.
Ms. Chandler proposed securing the Chamber's promotional packet with a large wrap-
around band that would advertise Indian River County as "Open for Business." Responding to
questions from Commissioner Davis, she provided data on the promotional packets that have
been distributed recently, and discussed the ways in which people learn that the information is
available upon request.
Commissioner Davis suggested that when an individual requests information, the
Chamber include a personalized letter from the Commission letting them know that the County
wants their business.
May 8, 2012 15
!42 PG 425
Ms. Chandler affirmed that the Chamber would be happy to include any material the
Board wished to furnish.
Commissioner Solari acknowledged that the suggestions for the wrap-around band and
personalized letter are steps in the right direction. However, he felt that the Board could make a
stronger statement that it is Indian River County that aggressively wants business.
Chairman Wheeler advocated that the Chamber and County work as a team and
consolidate the promotional materials. He suggested that the Board initiate a marketing plan
and a document that can be brought back for final approval.
A brief discussion ensued, during which the Board decided to include the home telephone
numbers of all five County Commissioners on a letter that would accompany the Chamber's
promotional materials.
Commissioner Davis suggested that Commissioner Solari begin drafting a "welcome"
letter to businesses, and that the Chamber's video presentation (from the flash drive) be
displayed on the County s website. He also wanted information to be provided (not necessarily
in the subject letter) concerning the steps the County has taken to promote businesses, such as
the Land Development Regulation (LDR) change that was approved in order to accommodate
the CVS Distribution Center.
Brian Carman, 1190 Ainsley Avenue SW, pointed out that the Community
Development Report contains a lot of positive information about the County and its programs
and accomplishments. He agreed that the Board should send an updated, positive message to
dispel old perceptions that the County is unfriendly to business.
May 8, 2012 16
BK 142 PG 426
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
authorized Commissioner Solari to work with staff and
draft for Board approval, a letter from the County
Commission listing the home telephone numbers of all
five County Commissioners, to be added to the Chamber
of Commerce's marketing packet to encourage businesses
to locate in the County; and (2) approved to place on the
County's website the Chamber of Commerce's
promotional video of the County.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
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 8, 2012 17
BK 142 PG 4'27
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:34
a.m.
ATTEST:
Jeffrey K Barton
Clerk of Circuit Court & Comptroller
Minutes Approved: JUN 1 2 2012
BCC/MG/2012 Minutes
May8,2012 18
Gary ter, Chairman
BK 142 PG 428