HomeMy WebLinkAbout06/11/2013 (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, JUNE 11, 2013 - 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 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
Stan Boling, Planning Director
Alan S. Polackwich, Sr., County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation and Retirement Award Honoring Ann Powell,
Indian River County Board of County Commissioners, Department of Utility
Services/Water Distribution Division on Her Retirement With Twenty -Two
Years of Service
PAGE
1-2
B. Presentation of Proclamation Designating June 17 — 23, 2013 as Amateur
Radio Week
June 11, 2013
3
BK 143 PG 903
Page 1 of 6
5. PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Designating the Week of June 16 Through
June 23, 2013 as Humanist Recognition Week in Indian River County 4
6.
APPROVAL OF MINUTES
None
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
8. CONSENT AGENDA
A. Approval of Warrants — May 24, 2013 to May 30, 2013
(memorandum dated May 30, 2013)
5-12
B. Miscellaneous Budget Amendment 017
(memorandum dated May 28, 2013) 13-17
C. Building Division Staffing, Miscellaneous Budget Amendment 018
(memorandum dated May 28, 2013) 18-21
D. Tourist Development Council, 2013/2014 Budget Recommendations
(memorandum dated May 28, 2013) 22-23
E. Federal Fiscal Year 2013 Edward Byrne Memonal Justice Assistance Grant
(JAG) Program Certificate of Participation
(memorandum dated June 3, 2013)
F. Approval to Authorize Payment for Shulman, Rogers, Gandal, Pordy, &
Ecker, P.A. for 800 MHz Rebanding
(memorandum dated May 24, 2013)
G. Request for Authorization to Submit an Application for 49 USC CH.53,
Section 5311 Transit Operating Assistance Funds for FY 2013/14
(memorandum dated May 31, 2013)
24-34
35-37
38-46
H. Approval of State of Florida Special Olympics Aquatic Championship Meet
Agreement for the Event to be held at North County Aquatic Center
(memorandum dated June 3, 2013)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
47-52
4 3 PG 9 4
June 11, 2013 Page 2 of 6
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
1. Consideration of the Disposition of County Owned Surplus
Properties for Affordable Housing
(memorandum dated June 3, 2013)
Administrative
53-63
2. Request for Authorization to Submit an FY 2013 Grant Application
for 49 USC Ch. 53, Section 5307 Mass Transit Capital and
Operating Assistance
(memorandum dated June 3, 2013)
Legislative
64-73
B. PUBLIC DISCUSSION ITEMS
Please give your name and address, and then give your remarks. Please try to limit your
remarks to three minutes.
1. Request to Speak from Fred Mensing Regarding Settlement of
Promised Lawsuit 74-76
2. Request to Speak from Diann Russano Regarding 82nd Avenue from
26th Street to SR60 — Trucks and Traffic 77
3. Request to Speak from Ardra and Bill Rigby Regarding Equality
and Equal Opportunity 78
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing June 18, 2013:
Public Hearing to Consider Granting a Franchise to Distribute
Natural Gas Within the Unincorporated Area of Indian River
County
(memorandum dated June 5, 2013)
Administrative
11. COUNTY ADMINISTRATOR MATTERS
None
June 11, 2013
79
BK 143 PG 905
Page 3 of 6
12. DEPARTMENTAL MATTERS PAGE
A.
Community Development
1. Request for Board Approval of an Agreement with Grand Harbor
Community Association, Inc. for Improvement and Maintenance of
Boat Club Island (a.k.a. Spoil Island IR -25)
(memorandum dated June 3, 2013)
80-101
2. Consideration of Acquisition and Disposition of Block Property
(memorandum dated June 3, 2013) 102-105
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.
I.
Recreation
None
Public Works
None
J. Utilities Services
None
BK 143 PG94O ,
June 11, 2013 Page.4 of 6
13. COUNTY ATTORNEY MATTERS PAGE
A. Initial Review and Consideration of Impact Fee Suspension Ordinance
Permission to Advertise for Public Hearing
(memorandum dated June 5, 2013) 106-111
14. COMMISSIONERS ITEMS
A.
Commissioner Joseph E. Flescher, Chairman
None
B. Commissioner Wesley S. Davis, Vice Chairman
1. Children Services Advisory Committee (CSAC) District 1
Appointment
(memorandum dated May 28, 2013)
C.
D.
Commissioner Peter D. O'Brvan
None
Commissioner Bob Solari
None
112
E. Commissioner Tim Zorc
1. Staffing Levels in the Commission Office
(memorandum dated May 30, 2013) 113
15. SPECIAL DISTRICTS AND BOARDS
A. Emer2encv Services District
None
B. Solid Waste Disposal District
1. Change Order No. 1 to Paul Jacquin & Sons, Inc. (Bid No.
2012051) for the New Oslo Customer Convenience Center Project
(memorandum dated May 31, 2013)
C. Environmental Control Board
None
16. ADJOURNMENT
June 11, 2013
114-122
St 143 PG 907
Page 5 of 6
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.
June 11, 2013
43 PG 908
Page 6 of 6; ._';
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
BOARD OF COUNTY COMMISSIONERS
JUNE 11, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
ADDITION: 10.0 2 EMERGENCY ITEM - ANNOUNCE PUBLIC NOTICE OF
PRESENTATION OF NATURAL GAS EXPANSION BY FLORIDA CITY GAS,
SCHEDULED FOR JUNE 17, 2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY
ADMINISTRATION BUILDING "B", CONFERENCE ROOM B1-501 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION AND RETIREMENT AWARD HONORING ANN
POWELL, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS,
DEPARTMENT OF UTILITY SERVICES/WATER DISTRIBUTION DIVISION ON HER
RETIREMENT WITH TWENTY-TWO YEARS OF SERVICE 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 17 — 23, 2013 AS
AMATEUR RADIO WEEK 2
June 11, 2013 1
BK 143PG909
5.C. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF JUNE 16
THROUGH JUNE 23, 2013 AS HUMANIST RECOGNITION WEEK IN INDIAN RIVER
COUNTY
3
6. APPROVAL OF MINUTES - NONE 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS — MAY 24, 2013 TO MAY 30, 2013 3
8.B. MISCELLANEOUS BUDGET AMENDMENT 017 4
8.C. BUILDING DIVISION STAFFING, MISCELLANEOUS BUDGET AMENDMENT 018 4
8.D. TOURIST DEVELOPMENT COUNCIL, 2013-2014 BUDGET RECOMMENDATIONS 4
8 E FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION 5
8.F. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL,
PORDY, & ECKER, P.A. FOR 800 MHz REBANDING 6
8.G. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC
CH.53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR FY 2013-
14 6
8.H. APPROVAL OF STATE OF FLORIDA SPECIAL OLYMPICS AQUATIC CHAMPIONSHIP
MEET AGREEMENT FOR THE EVENT TO BE HELD AT NORTH COUNTY AQUATIC
CENTER 7
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 7
10. PUBLIC ITEMS 7
10.A. PUBLIC HEARING(S) 7
10.A.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HOUSING (ADMINISTRATIVE) 7
June 11, 2013 2
143 PG 910
10.A.2. REQUEST FOR AUTHORIZATION TO SUBMIT A FY 2013 GRANT APPLICATION
FOR 49 USC CH. 53, SECTION 5307 MASS TRANSIT CAPITAL AND OPERATING
ASSISTANCE (LEGISLATIVE) 9
10.B. PUBLIC DISCUSSION ITEMS 10
10.111. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT OF
PROMISED LAWSUIT 10
10.B.2. REQUEST TO SPEAK FROM DIANN RUSSANO REGARDING 82ND AVENUE FROM
26TH STREET TO SR60 — TRUCKS AND TRAFFIC 10
10.B.3. REQUEST TO SPEAK FROM ARDRA AND BILL RIGBY REGARDING EQUALITY AND
EQUAL OPPORTUNITY 11
10.C. PUBLIC NOTICE ITEMS 12
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 18, 2013: PUBLIC HEARING TO
CONSIDER GRANTING A FRANCHISE TO DISTRIBUTE NATURAL GAS WITHIN THE
UNINCORPORATED AREA OF INDIAN RIVER COUNTY (ADMINISTRATIVE) 12
10.C.2. ADDITION: EMERGENCY ITEM - PUBLIC NOTICE OF PRESENTATION OF
NATURAL GAS EXPANSION BY FLORIDA CITY GAS, SCHEDULED FOR JUNE 17,
2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY ADMINISTRATION BUILDING 'B",
CONFERENCE ROOM B1-501 12
11. COUNTY ADMINISTRATOR MATTERS — NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT 12
12.A.1. REQUEST FOR BOARD APPROVAL OF AN AGREEMENT WITH GRAND HARBOR
COMMUNITY ASSOCIATION, INC. FOR IMPROVEMENT AND MAINTENANCE OF
BOAT CLUB ISLAND (A.K.A. SPOIL ISLAND IR -25) 12
12.A.2. CONSIDERATION OF ACQUISITION AND DISPOSITION OF BLOCK PROPERTY 14
12.B. EMERGENCY SERVICES - NONE 15
12.C. GENERAL SERVICES - NONE 16
12.D. HUMAN RESOURCES - NONE 16
12 E HUMAN SERVICES - NONE 16
12.F. LEISURE SERVICES - NONE 16
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 16
12.H. RECREATION - NONE 16
June 11, 2013 3
I;K1143PG :1:1
12.I. PUBLIC WORKS - NONE 16
12.J. UTILITIES SERVICES - NONE 16
13. COUNTY ATTORNEY MATTERS 16
13.A. INITIAL REVIEW AND CONSIDERATION OF IMPACT FEE SUSPENSION ORDINANCE
PERMISSION TO ADVERTISE FOR PUBLIC HEARING 16
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 18
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 18
14 B 1 CHILDREN SERVICES ADVISORY COMMITTEE (CSAC) DISTRICT 1
APPOINTMENT 18
14.C. COMMISSIONER PETER D. O'BRYAN - NONE 19
14.D. COMMISSIONER BOB SOLARI - NONE 19
14 E COMMISSIONER TIM ZORC 19
14 E 1 STAFFING LEVELS IN THE COMMISSION OFFICE 19
15. SPECIAL DISTRICTS AND BOARDS 20
15.A. EMERGENCY SERVICES DISTRICT - NONE 20
15.B. SOLID WASTE DISPOSAL DISTRICT 21
15.B.1. CHANGE ORDER NO. 1 TO PAUL JACQUIN & SONS, INC. (BID No. 2012051) FOR
THE NEW OSLO CUSTOMER CONVENIENCE CENTER PROJECT 21
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 21
16. ADJOURNMENT 21
June 11, 2013 4
UK 143 PG 912
JEFFREY R. SMITH
Clerk to the Board
June 11, 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, June 11, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley S.
Davis, and Commissioners Peter D O'Bryan, Bob Solan, 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
Stan Boling, Planning Director, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Alan S. Polackwich, Sr., County Attorney, led the Pledge of Allegiance to the Flag.
June 11, 2013 1
143 PG 913
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Commissioner Zorc requested the following change to the Agenda:
ADDITION: 10. C.2. EMERGENCY ITEM - ANNOUNCE PUBLIC NOTICE OF
PRESENTATION OF NATURAL GAS EXPANSION BY FLORIDA CITY GAS,
SCHEDULED FOR JUNE 17, 2013 AT 1:00 P.M. AT INDIAN RIVER COUNTY
ADMINISTRATION BUILDING "B", CONFERENCE ROOM B1-501
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 AND RETIREMENT AWARD HONORING
ANNPOWELL, INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS, DEPARTMENT OF UTILITY SERVICES/WATER
DISTRIBUTION DIVISION ON HER RETIREMENT WITH TWENTY-TWO
YEARS OF SERVICE
Chairman Flescher read and presented the Proclamation to Ann Powell.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 17 23, 2013 AS
AMATEUR RADIO WEEK
Commissioner Solari read and presented the Proclamation to Chris Vicars, Public
Information Officer.
June 11, 2013
2 E11143PG9th
S.C. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF JUNE 16
THROUGH JUNE 23, 2013 AS HUMANIST RECOGNITION WEEK IN INDIAN
RIVER COUNTY
Commissioner O'Bryan read and presented the Proclamation to Philip Katrovitz, Board
Member of Humanists of the Treasure Coast.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Commissioner O'Bryan requested to pull Items 8.D. and 8 H from the Consent Agenda
for comment.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS -MAY 24, 2013 TOMAY3O, 2013
ON MOTION by Vice Chairman Davis, 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 24, 2013 to May 30,
2013, as requested in the memorandum of May 30, 2013.
June 11, 2013
143PG915
8.B. MISCELLANEOUS BUDGET AMENDMENT 017
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-049, amending the fiscal year 2012-2013
Budget.
8.C. BUILDING DIVISION STAFFING, MISCELLANEOUS BUDGET AMENDMENT
018
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-050, amending the fiscal year 2012-2013
Budget.
8.1). TOURIST DEVELOPMENT COUNCIL, 20134014 BUDGET
RECOMMENDATIONS
Commissioner O'Bryan pointed out that the Tourist Development Council had recently
reviewed the organizational budget requests for FY 2013-2014, and found there would be a
shortfall of funds. He thanked the Indian River Chamber of Commerce and the Sebastian
Chamber of Commerce for stepping up and reducing their funding request by the shortfall
amount so the other organizations could receive their requested funding.
June 11, 2013 4
61 1 3PG916
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unanimously approved
the following funding amounts as recommended by the
Tourist Development Council: Indian River County
Chamber of Commerce and Sebastian Chamber of
Commerce $420,613; Cultural Council $60,000;
Historical Society $12,000; Treasure Coast Sports
Commission $148,700; and Vero Heritage $12,000, as
recommended in the memorandum of May 28, 2013.
8.E. FEDERAL FISCAL YEAR 2013 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) PROGRAM CERTIFICATE OF PARTICIPATION
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously: (1) accepted
the invitation to serve as the coordinating unit of
government in the Florida Department of Law
Enforcement (FDLE) Edward Byrne Memorial Justice
Assistance Grant (JAG) Program, and authorized the
Chairman to execute the Certificate of Participation
naming Jason E Brown, Director, Management and
Budget, as the contact person; (2) accepted the total
amount of the grant which is $68,509; and (3) directed the
Substance Awareness Council Advisory Board to
recommend a distribution of these funds among local
applicants, all as recommended in the memorandum of
June 3, 2013.
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 11, 2013 5
SK 1 3PG917
B.F. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL,
PORDY, & ECKER, P.A. FOR 800 MHzREBANDING
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Incumbent Acknowledgement and authorized that services
identified on the invoice have been performed, as
recommended in the memorandum of May 24, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. REQUEST FOR AUTHORIZATION TO SUBMIT AN APPLICATION FOR 49 USC
CH. 53, SECTION 5311 TRANSIT OPERATING ASSISTANCE FUNDS FOR FY
2013-14
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-051, authorizing the submission of a FY
2013-14 Grant Application for 49 USC Ch 53, Section
5311 Public Transit Operating Assistance.
June 11, 2013 6
BK 1143 PG 918
8.H. APPROVAL OF STATE OF FLORIDA SPECIAL OLYMPICS AQUATIC
CHAMPIONSHIP MEET AGREEMENT FOR THE EVENT TO BE HELD AT
NORTH COUNTY AQUATIC CENTER
Commissioner O'Bryan noted that this is the eighth consecutive year that the meet will be
hosted in Indian River County, and commended the Recreation Department for their efforts.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Flescher, the Board unammously approved
and authorized the Chairman to execute the Agreement
with Special Olympics of Florida for use of the North
County Aquatic Center, as recommended in the
memorandum of June 3, 2013.
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)
10.14.1. CONSIDERATION OF THE DISPOSITION OF COUNTY OWNED SURPLUS
PROPERTIES FOR AFFORDABLE HO USING (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
143 PG 919
June 11, 2013 7
r
Community Development Director Bob Keating used a PowerPoint presentation (on file)
to provide background, conditions, and alternatives for County owned surplus properties relating
to affordable housing He identified issues and constraints on the properties, and pointed out that
one lot has a flow well that has been capped (4256 25th Avenue) but will need to be plugged. He
recommended the Board review the list of surplus properties (page 63 of the Agenda Packet),
make any changes, and approve the Resolution accepting the surplus properties that are
appropriate for the provision of affordable housing. He also recommended that the Board direct
the Purchasing Department to sell the properties and contribute the proceeds to the County's
Affordable Housing (State Housing Initiatives Partnership - SHIP) Trust Fund.
Commissioners sought and received information from staff on capped/plugged wells and
the discontinuance of the St. John s River Water Management District's well plugging match
program.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
ON MOTION by Vice Chairman Davis, SECONDED by
Commissioner Solari, the Board unanimously approved:
(1) Resolution 2013-052, approving the list of County
owned properties appropriate for the provision of
affordable housing and providing for the disposition of
those properties; and (2) to plug the flow well located at
4256 25th Avenue; and (3) to use the sale proceeds of the
surplused properties to pay for plugging the well, and any
remaining proceeds contributed to the County's
Affordable Housing (SHIP) Trust Fund for the provision
of affordable housing through the County's existing
established Affordable Housing Program.
June 11, 2013 8
143 PG 920
10.A.2. REQUEST FOR AUTHORIZATION TO SUBMIT A FY2013 GRANT
APPLICATION FOR 49 USC CH. 53, SECTION 5307MASS TRANSIT
CAPITAL AND OPERATING ASSISTANCE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Metropohtan Planning Organization (MPO) Director Phil Matson provided background
and analysis on the FY 2013 grant application for 49 USC Ch. 53, Section 5307 Mass Transit
capital and operating assistance funds. He emphasized that this is the grant that makes the
GoLine transport system possible, and recommended the Board adopt the Resolution authorizing
the filing of the grant application.
Commissioner Zorc announced that the central transfer hub for the County's GoLine bus
system had been temporarily moved to a location west of Piper Aircraft, Inc., at the Vero Beach
Municipal Airport, and the operation is working well.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Resolution 2013-053, authorizing the filing of a FY 2013
Grant Application for 49 USC Ch. 53, Section 5307 mass
transit capital and operating assistance.
BK 143 PG 921
June 11, 2013 9
•
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING SETTLEMENT
OF PROMISED LAWSUIT
Fred Mensing, 7580 129th Street Roseland, recapped his letter of June 5, 2013 (on file),
requesting that the Board reconsider final settlement with him before he moves forward with
court actions.
Attorney Polackwich recalled that the Attorney -Client Session of June 4, 2013, resulted
in the Board rejecting previously discussed offers and terminating further discussion. He
recommended the Board stand on that action.
Chairman Flescher reminded Mr Mensing that under "Public Discussion Items" the
Board does not initiate actions/motions.
Attorney Polackwich conveyed that he had reviewed Mr Mensing's accusations against
former County Attorney William G. Collins II, and did not believe that he did anything wrongful
or criminal, and that everything has been proper and protective of the County's interests.
NO BOARD ACTION REQUIRED OR TAKEN
10.B.2.. REQUEST TO SPEAK FROM DIANN RUSSANO REGARDING 82" AVENUE
FROM 29" STREET TO SR60 - TRUCKS AND TRAFFIC
Diann Russano, 2235 81St Terrace, Westside Villas, Vero Beach, voiced concerns over
the amount of traffic, the commercial trucks, and the non-compliance of the speed limit on 82nd
Avenue, from 26th Street south to SR 60. She said this is a residential area, and asked that the
Board address the numerous traffic violations on that stretch of road.
June 11, 2013 10
143 PG 92.2
Vice Chairman Davis informed Ms. Russano that 82nd Avenue is going to be part of the
grid system for Indian River County, that it is currently considered a truck route, and the amount
of traffic on said road will not be decreasing.
County Administrator Joseph Baird revealed that the hauling route for the Wild Turkey
Mine is south on 82nd Avenue, and the hauling route for the other two mines are north on 82nd
Avenue.
Sheriff Deryl Loar said he understood her concerns, and gave assurance that uncovered
trucks, as well as the speed limit on 82nd Avenue would be monitored. At Chairman Flescher's
request, the Sheriff agreed to provide an activity report on 82nd Avenue.
NO BOARD ACTION REQUIRED OR TAKEN
10.B.3. REQUEST TO SPEAK FROM ARDRA AND BILL RIGBYREGARDING
EQUALITY AND EQUAL OPPORTUNITY
BM Rigby (accompanied by Ardra Rigby) 8465 59th Avenue, defined equality, equal
protection, and affirmative opportunities, and observed that over the past 30+ years there had not
been an African-American/Black hired in Indian River County as a County Commissioner,
County Administrator, or County Director. He wondered why the Gifford community had not
been represented, and requested the Board allow for equal and affirmative opportunities. He also
wanted staff and the people of Gifford to sit down together and find a solution to the problems so
that the Gifford community would be a better place to live.
Discussion ensued regarding the Florida Department of Economic Opportunity (DEO)
and the critena for grant opportunities.
NO BOARD ACTION REQUIRED OR TAKEN
X43 PG 923
•
June 11, 2013 11
The Chairman called for a break at 10:34 a.m., and reconvened the meeting at 10:47
a.m., with all members present.
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED. PUBLIC HEARING .TUNE 18, 2013: PUBLIC
HEARING TO CONSIDER GRANTING A FRANCHISE TO DISTRIBUTE
NATURAL GAS WITHIN THE UNINCORPORATED AREA OF INDIAN RIVER
COUNTY (ADMINISTRATIVE)
10. C.2. ADDITION: EMERGENCY ITEM- PUBLIC NOTICE OF PRESENTATION OF
NATURAL GAS EXPANSION BY FLORIDA CITY GAS, SCHEDULED FOR JUNE
17, 2013 AT 1:00 P.M. AT INDL4NRIVER COUNTY ADMINISTRATION
BUILDING "B", CONFERENCE ROOM B1-501
The County Attorney read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FOR BOARD APPROVAL OF AN AGREEMENT WITH GRAND
HARBOR COMMUNITY ASSOCIATION, INC. FOR IMPROVEMENT AND
MAINTENANCE OF BOAT CLUB ISLAND (AKA. SPOIL ISLAND IR -25)
Environmental Planning Chief Roland DeBlois, using a PowerPoint presentation (on file)
provided background, conditions, and analysis on the proposed Agreement with the Grand
Harbor Community Association, Inc. (Association) for the improvement and maintenance of
June 11, 2013 12
OK 143 PG 924
Boat Club Island. He informed the Board that the Association volunteered to adopt the island
area to help with the cost to repair the docks and maintain the island; therefore, staff drafted a
proposed Agreement to allow for the adoption and partnership to maintain the island. He
recommended that the Board approve the Agreement and authorize staff to apply for a "Small -
Scale Spoil Island Restoration and Enhancement Grant" from the Florida Inland Navigation
District (FIND) to cost -share for dock repair and removal. He also expressed that the term of the
Agreement would be concurrent with the term of the County's Lease with the State.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED BY Vice Chairman Davis, to approve staff's
recommendation, with the caveat that staff contact the
State to see if the County's five-year Lease can be
extended before moving forward.
Vice Chairman Davis believed it would be better, should the Lease not be extended with
the State, to move forward with the necessary improvements within the next two years.
•
•
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Vice Chairman Davis, to direct staff to
request an extension to the County's five-year Lease, and
if the State declines, to move forward with the
improvements within two years.
The Chairman CALLED THE QUESTION and the
motion carried unanimously. The Boards (1) approved the
Agreement with Grand Harbor Community Association,
Inc., for improvement and maintenance of Boat Club
Island; (2) directed staff to request an extension to the
County's five-year Lease with the State, and if the State
declines, move forward with the improvements within two
June 11, 2013 13
BK 143 PG 925
r
years; (3) authorized the Chairman to execute the
Agreement on behalf of the County; and (4) authorized
staff to apply for a "Small -Scale Spoil Island Restoration
and Enhancement Grant" from the Florida Inland
Navigation District for cost -share of improvements to
Boat Club Island.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. CONSIDERATION OF ACQUISITION AND DISPOSITION OF BLOCK
PROPERTY
Community Development Director Robert Keating recapped his memorandum dated June
3, 2013. He provided background, conditions, and analysis regarding: (1) the Lands Assessment
Implementation Plan and the Block property, which consists of two district owned parcels
(comprising about 32 acres — located adjacent to the Hobart Landing Subdivision) that are no
longer necessary to serve St. John's River Water Management District's (SJRWMD) mission;
(2) the County's consideration to acquire the two parcels from SJRWMD; and (3) the process of
conveying the Block property to the Indian River Land Trust (IRLT) with conditions that the
IRLT manage and maintain the property so a conservation easement could be put on the
properties by SJRWMD at no cost to the County. He pointed out that Section 125.38 of the
Florida Statutes allows the County to convey the properties without having to adhere to surplus
property requirements.
The Board sought and received information regarding staff's proposal, incurred expenses,
and the sale of the property without the conservation easement.
Director Keating informed the Board that the northern parcel has a mosquito
impoundment at the east end, and SJRWMD has an agreement with Mosquito Control to manage
it when the property is conveyed to IRLT
BK 143 PG 926
June 11, 2013 14
Ralph Monticello, Director of Land Protection, Indian River Land Trust, spoke about
other cooperative ventures, and informed the Board that IRLT has a public entity on the property
north of the northern -most property, and they intend to use the Hobart Landing neighbors as
volunteers to work in cooperation with managing the property.
John Lambert, President of the Homeowners Association (HOA) at Hobart Landing
Subdivision, provided history of the property and conveyed that the HOA is happy to join the
IRLT partnership to keep the property in conservation, and encouraged the Board to support the
acquisition of the Block property.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, to approve staff's
recommendation.
Ken Grudens, Executive Director, Indian River Land Trust, thanked the Board for their
partnership, and commented on how fruitful the collaborations have been.
The Chairman CALLED THE QUESTION and the
motion carred unanimously. The Board: (1) approved the
County acquisition of the Block property with Indian
River Land Trust funding; (2) approved conveyance of the
Block property to the Land Trust with conditions that the
Land Trust manage/maintain the property; (3) authorized
the Chairman to execute any property transfer documents;
and (4) authorized County staff to take any necessary
actions to facilitate the property transfers, all as
recommended in the memorandum dated June 3, 2013.
12.B. EMERGENCY SERVICES - NONE
June 11, 2013
15
811 143 PC 927
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 - NONE
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. INITIAL REVIEW AND CONSIDERATION OF IMPACT FEE SUSPENSION
ORDINANCE PERMISSION TO ADVERTISE FOR PUBLIC HEARING
County Attorney Alan Polackwich provided background, and reviewed the specifics of
the proposed ordinance that would suspend the payment of Impact Fees for a period of eighteen
months, and thereafter reinstate them quarterly, in 25% increments. He requested that the Board
review the proposed ordinance and decide whether to move forward
Commissioner Zorc declared a conflict of interest with this item. He said he would
participate in discussion but abstain from voting.
BK 143 PG 928
June 11, 2013 16
Discussion ensued among the Commissioners regarding the 3-2 vote at the May 21, 2013,
Board of County Commission meeting, and now with Commissioner Zorc abstaining, today's
vote would result in a 2-2 vote in moving forward with adopting the ordinance to suspend the
payment of Impact Fees.
Charles Wilson, 2001 9th Avenue, did not think Commissioner Zorc needed to recuse
himself at this juncture, only at the Public Hearing.
Attorney Polackwich explained why Commissioner Zorc has chosen to recuse himself.
Joe Paladin, President of Black Swan Consulting, and local Developer, spoke in
opposition to the moratorium on Impact Fees, and expressed that he never had a conversation
with Commissioner Zorc regarding Impact Fees.
Nicholas Geisler, Geisler and Geisler, P.A., felt there could be a concurrency issue if
Impact Fees were suspended, and if reinstated and strengthened, the Board could run into a
Constitutional issue with the new Impact Fees and its relation to the Dual Rational Nexus Test.
Scott Sanders Director of Facilities and Maintenance Department of the Indian River
County School District, provided and reviewed his handout (on file) regarding information on
how Impact Fees have helped the Indian River County School District since 2005.
A brief discussion ensued regarding Impact Fees for schools.
Mr. Wilson voiced concern over the Impact Fees that were spent in the past, and the
liability that is carried with them.
Commissioner Solari provided the history of, and explained the reasons why Impact Fees
should not be suspended.
June 11, 2013 17
Bk 143 P6 929.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Davis, for discussion, to
not advertise for the Public Hearing to adopt a moratorium
suspending Impact Fees for a period of 18 months.
Vice Chairman Davis made observations regarding the Public Hearing and Commissioner
Zorc abstaining from the vote, and the Board took the following action.
The Chairman CALLED THE QUESTION, by a 3-1 vote
(Vice Chairman Davis opposed and Commissioner Zorc
abstained), the Motion carried.
Commissioner Zorc proposed holding an Impact Fee Workshop on July 11th, and said he
would add it to the June 18th Agenda, under his matters.
FORM 8B, MEMORANDUM OF VOTING CONFLICT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMNIISSIONER ITEMS
14.A. COMMISSIONER JOSEPHE. FLESCHER, CHAIRMAN- NONE
14.11 COMMISSIONER WESLEY S. DAVIS, VICE. CHAIRMAN
14.111. CHILDREN SERVICES ADVISORY COMMITTEE (CSAC) DISTRICT 1
APPOINTMENT
Vice Chairman Davis asked the Commissioners to consider removing Paul Reeves from
the Member -at -Large position for the Children Services Advisory Committee, and appointing
him as the District 1 Appointee.
June 11, 2013 18
Bk 143 PG 930
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved to
remove Paul Reeves from the Children Service Advisory
Committee (CSAC) District 1 Member -at -Large position,
and appoint him as the District 1 Appointee, as requested
in the memorandum of May 28, 2013.
14. C. COMMISSIONER PETER D. O'BRYAN- NONE
14.D. COMMISSIONER BOB SOLARI - NONE
14.E. COMMISSIONER TIMZORC
14.E.1. STAFFING LEVELS IN THE COMMISSION OFFICE
Commissioner Zorc relayed that he wanted to be in the office and observe the workload
for six months before bringing this to the Board for discussion. He said that because he shares
Commissioner O'Bryan's Assistant, and due to her existing workload, he often hesitates giving
her things to do because he does not want to over burden her. He observed that the transcribing
task takes most of the Assistants' time, and wondered if a receptionist should be hired, or if the
transcribing should be contracted out. He voiced concerns over the lack of coverage at the front
desk, and asked for suggestions on creating a more sustainable working environment.
Commissioner Solan offered suggestions to fellow Commissioners on how to get their
work accomplished, opposed hiring additional Assistants, and said he would do anything to help
increase office efficiency as long as it would not increase the citizens' tax dollars.
Commissioner Zorc stressed that he only asks for the Assistant to arrange the meetings
for him to attend.
•
June 11, 2013 19
'143PG931
Vice Chairman Davis compared today's technology to the office's antiquated practice of
transcribing minutes, and suggested that the Board approve the meeting's DVD and/or audio,
and not the minutes, He suggested staff look into voice recognition software to allow more time
for the office Assistants to perform their other duties.
During discussion regarding the office structure and the Assistant's duties, the Board
noted that transcribing of minutes was the most time consuming of tasks.
Attorney Polackwich explained why the DVD and/or audio could not be approved in lieu
of minutes, and felt the minutes may be a "flexible term" in moving forward with today's
technology.
Vice Chairman Davis did not want the transcription task to be shifted to another office,
he wanted to see more thinking "outside the box."
Chairman Flescher spoke about the additional duties, responsibilities, and paperwork
involved in being the Chairman of the Board of County Commissioners, and offered suggestions
on how the additional duties could be divided. He also believed that each Commissioner should
have the right to elect to have his own Assistant, to operate effectively.
Administrator Baird said he would review the Commissioners' concerns and suggestions,
look at automation and other ways of transcribing the minutes, talk to the Clerk of the Circuit
Court and Comptroller, and bring the information back to the Board.
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
June 11, 2013 20
•
143 PG 932
15.B. SOLID WASTE DISPOSAL DISTRICT
15.111. CHANGE ORDER No. 1 TO PAUL JACOUIN & SONS, INC. (BID No.
2012051) FOR THE NEW OSLO CUSTOMER CONVENIENCE CENTER
PROJECT
The Board reconvened as the Board of Commissioners of the Sohd Waste District.
Those Minutes are available separately.
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
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:22 p.m.
ATTEST:
Clerk
rk of Circuit Court and Comptroller
Minutes Approved: JUL 0 9 2013
BCC/LA/2013Minutes
June 11, 2013
21
oseph E. Flescher, Chairman
IR 143 PG 933