HomeMy WebLinkAbout06/18/2013 (4)COUNTY COMMISSIONERS
Joseph E. Flescher, Chairman
Wesley S. Davis, Vice Chairman
Peter D. O'Bryan
Bob Solari
Tim Zorc
District 2
District 1
District 4
District 5
District 3
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, JUNE 18, 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
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey R. Smith, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
9:00 A.M.
Pastor Roger Ball, Immanuel Church
Joseph A. Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Honoring Daniel Richard Salvador
Attaining the Rank of Eagle Scout
for
PAGE
1
B. Presentation of Proclamation Honoring Brandon Robert McKay for
Attaining the Rank of Eagle Scout
June 18, 2013
2
143 PG 936
Page 1 of 7
6. APPROVAL OF MINUTES
A. Regular Meeting of May 21, 2013
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
None
PAGE
8. CONSENT AGENDA
A. Approval of Warrants — May 31, 2013 to June 6, 2013
(memorandum dated June 6, 2013) 3-10
B. Out of County Travel to Attend the Flonda Shore and Beach Preservation
Association Conference
(memorandum dated June 10, 2013)
11-13
C. Release of Conservation Easement, SunUp ARC, Inc.
(memorandum dated June 10, 2013) 14-15
D. Mediated Settlement - Beverly Hatfield
(memorandum dated May 28, 2013) 16-17
E. Request for Use of Holman Stadium for Annual Sawbones vs. Jawbones
Event to be held June 29th, 2013
(memorandum dated June 1, 2013)
18-19
F. Declare Additional Excess Equipment Surplus for Sale or Proper Disposal
(memorandum dated June 11, 2013) 20-23
G. Payroll Projected Week
(memorandum dated June 10, 2013) 24-26
H. Miscellaneous Budget Amendment 019
(memorandum dated June 10, 2013) 27-29
I. Miscellaneous Budget Amendment 020 — Corrections Improvements
(memorandum dated June 11, 2013) 30-72
J. Work Order No. 3 with Dunkelberger Engineering and Testing, Inc., 12th
Street and 27th Avenue Intersection Improvements, IRC Project No. 9334
(memorandum dated May 22, 2013) 73-80
June 18, 2013
=14 PC 93
Page 2 of 7 •
8. CONSENT AGENDA PAGE
K. Work Order No. 2 Coastal Planning and Engineering, Inc., Sector 3 Beach
and Dune Restoration Repair — Post Hurricane Sandy Design and Permitting
Services
(memorandum dated June 5, 2013) 81-93
L Civil Engineering and Land Surveying Agreement for Bridge Replacements
and Widening of 66th Avenue from South of SR60 to North of 57th Street,
Amendment No. 13, IRC Project No. 0545
(memorandum dated June 6, 2013)
94-99
M. Release of Retainage — Professional Services Agreement with Carter
Associates, Inc., IRC Project No. 9810B, 66th Avenue Paving Improvements,
Phase 2 (4th Street to 16th Street)
(memorandum dated June 4, 2013)
100-103
N. Renewal of Florida Power & Light (FP&L Care to Share Agreement)
(memorandum dated June 9, 2013) 104-112
O. Approval of Bid Award for IRC Bid No. 2013040 IRC Utility Services Roof
Replacement Project
(memorandum dated June 11, 2013)
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Consideration of Amendments to Land Development Regulations
(LDRs) Chapters 901, 911, and 912 to Change the Limitations for
Size of Commercial Vehicles and Recreational Vehicles Parked
Outside in Residential Areas
(memorandum dated May 15, 2013)
113-125
126-172
Legislative
2. Public Hearing and Consideration of Proposed Natural Gas
Franchise Agreement with Florida City Gas
(memorandum dated June 11, 2013)
173-185
Administrative
B. PUBLIC DISCUSSION ITEMS
None
ex
June 18, 2013
43. 38
Page of
10. PUBLIC ITEMS PAGE
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing July 2, 2013:
KTLC TD1, LLC's Request for Abandonment of a 20' Alleyway
Running from 42n1 Place South to 4211d Street and Lying Behind
Lots 1-10 of the J T. Gray's Town of Gifford Subdivision
(memorandum dated June 4, 2013) 186
Legislative
11. COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
Community Development
None
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
1. Spring Training Facility Revenue Bonds, Series 2001 Consideration
of Partial Early Payoff
(memorandum dated June 11, 2013)
H.
Recreation
None
187-189
EK R 3 PG 939
June 18, 2013 Page 4 of 7
12.
DEPARTMENTAL MATTERS
I, Public Works
1. Department of the Army Right -Of -Entry Agreement — Round Island
Beach Park for Environmental Assessment and Response
(memorandum dated June 6, 2013)
2. Cnme Scene Facility Change Order #2 Proctor Construction
Company Evidence Compound
(memorandum dated June 11, 2013)
J. Utilities Services
1. Central Regional Wastewater Treatment Facility Permit Renewal
and Blue Cypress Wastewater Treatment Facility
(memorandum dated June 10, 2013)
13. COUNTY ATTORNEY MATTERS
A. Permission to Advertise for Proposed Property Exchange with KAH
Development Corporation — 8th Court SW (off Oslo Road)
(memorandum dated June 18, 2013)
B. William Luther License Agreement
(memorandum dated June 7, 2013)
PAGE
190-198
199-220
221-226
227-229
230-237
14. COMMISSIONERS ITEMS
A. Commissioner Joseph E. Flescher, Chairman
None
B. Commissioner Wesley S Davis, Vice Chairman
1. Comprehensive Plan Text Amendment
(memorandum dated June 13, 2013)
C. Commissioner Peter D. O'Brvan
1. Proclamation Pohcy
(memorandum dated June 11, 2013)
D. Commissioner Bob Solari
None
E.
June 18, 2013
Commissioner Tim Zorc
1. Impact Fee Workshop
(memorandum dated June 11, 2013)
238-244
245
143 PPG - 9 -4 -
Page 5 of 7
15. SPECIAL DISTRICTS AND BOARDS PAGE
A. Emergencv Services District
1. Approval of Minutes — Meeting of April 9, 2013
2. Approval of Phase 4 Work for Fire Rescue Station 13 Site (4th
Street and 43t Avenue)
(memorandum dated June 11, 2013)
B. Solid Waste Disposal District
1. Approval of Minutes — Meeting of May 21, 2013
247-251
2. Request to Participate in the "2013 KIRB Marketplace" at Indian
River Mall
(memorandum dated June 7, 2013)
252-257
3. Work Order No. 7 to Geosyntec for One Year of Groundwater
Monitoring/Reporting and Related Consulting Services at the
Former South Gifford Road Landfill
(memorandum dated May 31, 2013)
258-274
4. Final Pay for GeoSyntec Work Order No. 5 & Redevelopment Plan
Presentation — Former Gifford Road Landfill
(memorandum dated May 29, 2013)
C. Environmental Control Board
None
16. ADJOURNMENT
275-312
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.
BK 143 PG 941
June 18, 2013 Page 6 of 7
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 18, 2013
1 43 PG 942
Page7of 7
JEFFREY R. SMITH
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
JUNE 18, 2013
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING DANIEL RICHARD SALVADOR
FOR ATTAINING THE RANK OF EAGLE SCOUT 2
5.B. PRESENTATION OF PROCLAMATION HONORING BRANDON ROBERT MCKAY FOR
ATTAINING THE RANK OF EAGLE SCOUT 2
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF MAY 21, 2013 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION - NONE 3
June 18, 2013 1
BK 143 PG 943
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS - MAY 31, 2013 TO JUNE 6, 2013 4
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA SHORE AND BEACH
PRESERVATION ASSOCIATION CONFERENCE 4
8.C. RELEASE OF CONSERVATION EASEMENT, SUNUP ARC, INC. 4
8.D. MEDIATED SETTLEMENT - BEVERLY HATFIELD 5
8 E REQUEST FOR USE OF HOLMAN STADIUM FOR ANNUAL SAWBONES VS.
JAWBONES EVENT TO BE HELD JUNE 29TH, 2013 5
8.F. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR PROPER
DISPOSAL 6
8.G. PAYROLL PROJECTED WEEK 6
8.H. MISCELLANEOUS BUDGET AMENDMENT 019 7
8.I. MISCELLANEOUS BUDGET AMENDMENT 020 - CORRECTIONS IMPROVEMENTS 7
B.J. WORK ORDER NO. 3 WITH DUNKELBERGER ENGINEERING AND TESTING, INC.
12TH STREET AND 27TH AVENUE INTERSECTION IMPROVEMENTS, IRC PROJECT
No. 9334 7
8.K. WORK ORDER NO. 2 COASTAL PLANNING AND ENGINEERING, INC. SECTOR 3
BEACH AND DUNE RESTORATION REPAIR - POST HURRICANE SANDY DESIGN
AND PERMITTING SERVICES 8
8.L. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR 60 TO
NORTH OF 57TH STREET, AMENDMENT NO. 13, IRC PROJECT No. 0545 9
8.M. RELEASE OF RETAINAGE - PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT NO. 9810B, 66TH AVENUE PAVING
IMPROVEMENTS, PHASE 2 (4TH STREET TO 16TH STREET) 9
8.N. RENEWAL OF FLORIDA POWER AND LIGHT (FP&L CARE TO SHARE
AGREEMENT) 10
8.0. APPROVAL OF BID AWARD FOR IRC BID NO. 2013040 IRC UTILITY SERVICES
ROOF REPLACEMENT PROJECT 10
8.P. EMERGENCY ADDITION - ENCLAVE SUBDIVISION PENDING UTILITY LIEN 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11
10. PUBLIC ITEMS 11
BK 143 PG 944
June 18, 2013 2
10.A. PUBLIC HEARINGS 11
10.A.1. Consideration of Amendments to Land Development Regulations (LDRS)
Chapters 901, 911, and 912 to Change the Limitations for Size of
Commercial Vehicles and Recreational Vehicles Parked Outside in
Residential Areas 12
10.A.2. Pubhc Hearing and Consideration of Proposed Natural Gas Franchise
Agreement with Florida City Gas 14
10.B. PUBLIC DISCUSSION ITEMS - NONE 15
10.C. PUBLIC NOTICE ITEMS 15
10.C.1. Notice of Scheduled Public Hearing July 2, 2013: KTLC TD1, LLC's
Request for Abandonment of a 20' Alleyway Rummng from 42nd Place
South to 42nd Street and Lying Behind Lots 1-20 of the J. T. Gray's Town
of Gifford Subdivision (Legislative) 15
11. COUNTY ADMINISTRATOR MATTERS - NONE 15
12. DEPARTMENTAL MATTERS 15
12.A. COMMUNITY DEVELOPMENT - NONE 15
12.B. EMERGENCY SERVICES - NONE 15
12.C. GENERAL SERVICES - NONE 15
12.D. HUMAN RESOURCES - NONE 15
12 E. HUMAN SERVICES - NONE 15
12.F. LEISURE SERVICES - NONE 15
12.6. OFFICE OF MANAGEMENT AND BUDGET 16
12.G.1. Spring Training Facility Revenue Bonds, Senes 2001 Consideration of
Partial Early Payoff 16
12.H RECREATION - NONE 16
12.I. PUBLIC WORKS 16
12.I.1. Department of the Army Right -Of -Entry Agreement — Round Island
Beach Park for Environmental Assessment and Response 16
12.I.2. Crime Scene Facility Change Order #2 Proctor Construction Company
Evidence Compound 17
12J. UTILITIES SERVICES 18
June 18, 2013 3
Mt 4143PG945
12.7.1. Central Regional Wastewater Treatment Facility Permit Renewal and
BlueCypress Wastewater Treatment Facility 18
13. COUNTY ATTORNEY MATTERS 18
13.A. PERMISSION TO ADVERTISE FOR PROPOSED PROPERTY EXCHANGE WITH KAH
DEVELOPMENT CORPORATION — 8TH COURT SW (OFF OSLO ROAD) 18
13.B. WILLIAM LUTHER LICENSE AGREEMENT 19
14. COMMISSIONER ITEMS 20
14.A. COMMISSIONER JOSEPH E FLESCHER, CHAIRMAN - NONE 20
14.B. COMMISSIONER WESLEY S. DAVIS, VICE CHAIRMAN 20
14.B.1. Comprehensive Plan Text Amendment 20
14.C. COMMISSIONER PETER D. O'BRYAN 22
14.C.1. Proclamation Policy 22
14.D. COMMISSIONER BOB SOLARI — NONE 23
14 E COMMISSIONER TIM ZORC 23
14 E 1 Impact Fee Workshop 23
15. SPECIAL DISTRICTS AND BOARDS 23
15.A. EMERGENCY SERVICES DISTRICT 23
15.A.1. Approval of Minutes — Meeting of Apnl 9, 2013 24
15.A.2. Approval of Phase 4 Work for Fire Rescue Station 13 Site (4th Street and
4311 Avenue) 24
15.B. SOLID WASTE DISPOSAL DISTRICT 24
15.B.1. Approval of Minutes — Meeting of May 21, 2013 24
15.B.2. Request to Participate in the "2013 KIRB Marketplace" at Indian River
Mall 24
15.B.3. Work Order No. 7 to Geosyntec for One Year of Groundwater
Momtoring/Reporting and Related Consulting Services at the Former
South Gifford Road Landfill 24
15.B.4. Final Pay for GeoSyntec Work Order No. 5 & Redeveloment Plan
Presentation — Former Gifford Road Landfill 24
15.C. ENVIRONMENT CONTROL BOARD - NONE 24
June 18, 2013 4
DX 143 PG 946
16. ADJOURNMENT
June 18, 2013 5
24
Bit X43 PG 947
JEFFREY R. SMITH
Clerk to the Board and Comptroller
June 18, 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, Flonda, on
Tuesday, June 18, 2013. Present were Chairman Joseph E Flescher, Vice Chairman Wesley S.
Davis, and Commissioners Peter D. O'Bryan, Bob Solari, and Tim Zorc. Also present were
County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy
Clerk Maria Suesz.
1. CALL TO ORDER
Chairman Flescher called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Joseph A Baird, County Administrator, led the Pledge of Allegiance to the Flag.
June 18, 2013
1
_143 PG 948
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Move:
Emergency Addition:
Item 12.I.1. to follow Item 8. Consent Agenda
Item 8.P - Consent Agenda — Enclave Subdivision
Pending Utility Lien
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
Agenda, as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. Presentation of Proclamation Honoring Daniel Richard Salvador for
Attaining the Rank of Eagle Scout
Chairman Flescher read and presented the Proclamation honoring Daniel R. Salvador,
who was accompanied by his parents. In addition, he presented a Plaque that recognized Daniel
as a member of the 2012 Centennial Class of Eagle Scouts and joining a heritage of 100 years of
Excellence in the Boy Scouts of Amenca by earning the Eagle Scout Award.
S.B. Presentation of Proclamation Honoring Brandon Robert McKav for
Attaining the Rank of Eagle Scout
Vice Chairman Davis read and presented the Proclamation honoring Brandon R. McKay,
who was accompamed by his grandfather. In addition, he presented a Plaque that recognized
Brandon as a member of the 2012 Centennial Class of Eagle Scouts, and joining a heritage of
100 years of Excellence in the Boy Scouts of America by earning the Eagle Scout Award.
Charles Griffiths, Advancement Chairman at Boy Scouts of America, addressed the
Board saying how proud he is of these two recipients of the Eagle Scout Award, personally
une 18, 2013 2
BK 43 PG 949
congratulating them, and announcing that this merit award is being discontinued, and replaced by
five new awards.
6. APPROVAL OF MINUTES
6.A. Regular Meeting ofMav 21, 2013
The Chairman asked if there were any corrections or additions to the minutes. There
were none.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved the
meeting minutes of the May 21, 2013 meeting, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION - NONE
8. CONSENT AGENDA
Commissioner Solari asked that Item 8.G. be pulled for comments by Jason Brown,
Budget and Management Director.
Commissioner O'Bryan asked that Items 8.E., 8.I., and 8.K. be pulled for comments.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
Consent Agenda, as amended.
June 18, 2013 3
14 3 PG 950.
8.A. Approval of Warrants — Mav 31, 2013 to June 6, 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 31, 2013 to June 6, 2013, as
recommended in the memorandum of June 6, 2013.
8.B. Out of County Travel to Attend the Florida Shore and Beach
Preservation Association Conference
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved out of
county travel for Commissioners and staff to attend the
Flonda Shore and Beach Preservation Association
Conference in Delray Beach September 25, 2013 through
September 27, 2013, as requested in the memorandum of
June 10, 2013.
8.C. Release of Conservation Easement, Sun Up ARC, Inc.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the Release of
Conservation Easement to be recorded simultaneously with
the recording of the new replacement conservation easement,
as requested in the memorandum of June 10, 2013.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 18, 2013 4
BK I(43 PG 951
8.D. Mediated Settlement — Beverly Hatfield
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved the
County's Claims Review Committee's mediated Settlement
of $295,000.00 including attorney fees and costs, as
recommended in the memorandum of May 28, 2013.
8.E. Request for Use of Holman Stadium for Annual Sawbones vs.
Jawbones Event to be Held June 29t", 2013
Commissioner O'Bryan invited the Public to come out for the Sawbones vs. Jawbones
Event to be held June 29, 2013.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously approved and
authorized the Chairman to sign and grant the Indian River
County Bar Association's (User Group) request for waiver of
the standard security deposit and deletion of the alcohol
prohibition required under Section E of Exhibit 1 to the
standard Stadium Use Agreement, as recommended in the
memorandum of June 1, 2013.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 18, 2013 5
BK 143 PG 952
8.F. Declare Additional Excess Equipment Surplus for Sale or Proper
Disposal
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously declared the
items on the Additional Excess Equipment List surplus and
authorized the sale and/or proper disposal at the public
auction to be held at 10:00 A.M. on June 22, 2013 at the
County fairgrounds, as recommended in the memorandum of
June 11, 2013.
8.G. Payroll Projected Week
Commissioner Solari called upon the Budget and Management Director to
address the significance and purpose of this item.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Davis, the Board unanimously: 1) authorized
staff to implement a one-week lag in the payroll period in
order to eliminate the "projected" week; 2) authorized staff
to compensate employees for the week of lost wages by
giving employees the equivalent of one week's pay at the
time the one-week lag is implemented, in the pay period
beginning August 16, 2013; and 3) authonzed the necessary
Budget Amendment to fund the financial impact of
compensating employees for the lost week estimated at
$781,621 on a countywide basis, all as recommended in the
memorandum of June 10, 2013.
June 18, 2013 6
BIC 143 PG 953
8.H. Miscellaneous Budget Amendment 019
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved
Resolution 2013-054 amending the Fiscal Year 2012-2013
Budget.
8.1. Miscellaneous Budget Amendment 020 — Corrections Improvements
Commissioner O'Bryan wanted this item pulled for Public discussion. Seeing
there was no one to comment, the following motion was made:
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Flescher, the Board unanimously: (1) approved
Resolution 2013-055 amending the Fiscal Year 2012-2013
Budget; and (2) determined these expenses are necessary to
accommodate growth and development in the County.
8.J. Work Order No. 3 with Dunkelberger Engineering and Testing, Inc.
12`h Street and 27`h Avenue Intersection Improvements, IRC Proiect
No. 9334
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board approved and authorized the
Chairman to execute Work Order No. 3 to Dunkelberger
Engineering and Testing, Inc. to provide construction
materials testing services for the construction of 12th Street
and 27th Avenue Intersection Improvements, as outlined in
Exhibit "A" of the Engineering Testing Services Agreement,
for a not -to -exceed amount of $21,470.00, as recommended
in memorandum of May 22, 2013.
June 18, 2013 7
143 PG 954
8.K. Work Order No. 2 Coastal Planning and Engineering, Inc. Sector 3
Beach and Dune Restoration Repair - Post Hurricane Sandy Design
and Permitting Services
Commissioner O'Bryan had concerns regarding the work schedule timeline.
Director of Public Works Chris Mora and Coastal Engineer James D. Gray, Jr.,
responded to questions from the Board.
Commissioner Solari had no problem waiting a year to begin this project and asked the
Board to consider it.
A lengthy discussion ensued regarding past years cost over budget, and the Board became
hesitant to move forward with staffs timeline.
Vice Chairman Davis filed Form 8B Memorandum of Voting Conflict, and abstained
from the vote.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, by a 4-0 vote (Vice Chairman Davis
abstained), the Board unanimously approved and authorized
the Chairman to execute Work Order No. 2 to the contact
with Coastal Planning and Engineering Inc. for Sector 3
Beach and Dune Restoration Repair — Post Humcane Sandy,
with the caveat that staff closely monitor the work to see
that it is done expeditiously.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
June 18, 2013
8
43 PG 9.55
8.L.
Civil Engineering and Land Surveying Agreement for Bridge
Replacements and Widening of 66th Avenue from South of SR 60 to
North of 57th Street, Amendment No. 13, IRC Project No. 0545
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Amendment No. 13, to
the Agreement with Arcades US, Inc. (formally known as
Arcades G&M, Inc.) for design changes needed during the
construction phase, for a total not -to -exceed amount of
$30,446.24, as recommended in the memorandum of June 6,
2013.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. Release of Retainage — Professional Services Agreement with Carter
Associates, Inc. IRC Project No. 9810B, 66th Avenue Paving
Improvements, Phase 2 (4th Street to 16th Street)
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute partial release of
retainage to Carter Associates, Inc. for the completed
services and payment of Application of Payment No. 103R-2,
dated June 4, 2013 in the amount of $57,600.68, as
recommended in the memorandum of June 4, 2013.
June 18, 2013 9
SI 1 14 3 PG 956
8.N. Renewal of Florida Power and Light (FP&L Care to Share
Agreement)
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute the Care To Share one
year extension of the Agreement with Florida Power and
Light, as recommended in the memorandum of June 9, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. Approval of Bid Award for IRC Bid No. 2013040 IRC Utility Services
Roof Replacement Project
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously awarded IRC Bid
No. 2013040 to Gulf States Industries, Inc., as the lowest
most responsive and responsible bidder meeting the
specifications as set forth in the invitation to bid; approved
the sample agreement; and 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 June 11, 2013.
;I13 PG 957
June 18, 2013 10
8.P. Emergency Addition - Enclave Subdivision Pending Utility Lien
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved staff's
recommendation as follows: that after the amendment to the
Declaration of Restrictive Covenants has been recorded and a
recorded copy provided to the County Attorney, along with
the required Form(s) W-9, the proceeds from the called
Letters of Credit from the Enclave Subdivision be applied as
follows:
1. The necessary amounts to bring the Enclave Subdivision
utility lien current, due to the failure to pay for base
facility charges (with penalties waived based on the
recently adopted amnesty ordinance)
2. $10,000 remitted to Ralph Evans, Esq. for payment of
attorney's fees incurred in this matter
3. $160 to pay for the recording fees for the releases of liens
4. The remaining residual amount from the called letters of
credit including accrued interest remitted to the trust
account of Stewart & Evans, all as recommended in the
memorandum dated May 28, 2013.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
June 18, 2013 11
BK 143 PG 95$
10.A.1. CONSIDERATION OF AMENDMENTS TO LAND DEVELOPMENT REGULATIONS
(LDRS) CHAPTERS 901, 911, AND 912 TO CHANGE THE LIMITATIONS FOR SIZE OF
COMMERCIAL VEHICLES AND RECREATIONAL VEHICLES PARKED OUTSIDE IN
RESIDENTIAL AREAS
Planning Director Stan Boling recalled the Board of County Commission meeting of
March 18, 2013, when Mr. Heen, who is under Code Enforcement for multiple violations, made
his request to the Board to consider changing the Land Development Regulations. Mr. Boling
proposed amendments to the (LDRs) Chapter 901, 911 and 912 using a PowerPoint presentation,
stating that this Ordinance would bring about changes to the size limitations of Commercial
Vehicles up from 9 feet to 9 '/ feet; and delete limitation on the length of recreational vehicles
outside in residential areas allowing an overall storage of 400 square feet. Mr Boling pointed
out that at the Planning and Zoning Commission meeting, they had voted 3-1 to recommend the
Board approve staff's recommendation, but they did not have the majority vote necessary to
pass.
The Chairman opened the Public Hearing.
Jerry (inaudible), 1025 21st Court, who lives in Heritage Estates, currently zoned
residential, said he is 100% against spot zoning. Mr. Heen is currently in Code Enforcement
violations and he finds his trucks an aesthetic nuisance. He begged the Board not to change the
height restrictions in a residential zone.
Dennis Green, 1045 21st Court, Vero Beach, did not see dispensation from current
zoning laws as beneficial to the County and said it should not be granted. He spoke on the noise
and traffic as also an aesthetic value that needs to be considered, not only the size of vehicles.
He felt their neighborhood is a test site for the rest of the County. He asked the Board not to
change the zoning laws. He responded to questions from the Board.
June 18, 2013 12
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Charles Searcy, 1035 22nd Avenue Vero Beach, who lives directly across the street
from Mr Heen's property, displayed photos showing how noticeable the Heen trucks are, as they
are parked in the front of their property and covered with 9 1/2 feet of signage. He said that the
Board is making a decision on one person's complaint (Mr Heen's), and he challenged the
statement that it does not make a significant difference. He hoped the Board would not approve
staff s recommendation.
Ron Heen presented photos of boats showing that his neighbors are in violation of the
Code also, but he did not intend to report these residents. He confirmed that he does not conduct
his business out of his home; he dust wanted to park his three trucks there. He pointed out that he
only has three trucks parked on his property at night.
The Chairman closed the Public Hearing.
The Board posed questions to Director Boling seeking additional information.
MOTION WAS MADE by Vice Chairman Davis
SECONDED by Commissioner Zorc to partially reject
staff's recommendation and not amend the LDRs to increase
the height limitation, and to approve amending the
unenclosed storage of recreational vehicles, trailers and
boats, by deleting limitation on the length.
•
There was a brief question and answer period.
The CHAIRMAN CALLED THE QUESTION and the
Motion carried unanimously. The Board unanimously
adopted Ordinance 2013-005, amended to reject
amendments to height limitations on Commercial Vehicles;
and adopted amendments to its Land Development
June 18, 2013 13
143 PG 900
Regulations (LDRs) providing for amendments to Chapter
911, Zoning, and Chapter 912, single-family development;
by amending section 911.15(7), unenclosed storage of
recreational vehicles, trailers, and boats; by amending section
912.17(3), unenclosed storage of recreational vehicles,
trailers, and boats; and by providing for repeal of conflicting
provisions; codification; severability; and effective date.
1O.A.2. PUBLIC HEARING AND CONSIDERATION OF PROPOSED NATURAL GAS
FRANCHISE AGREEMENT WITH FLORIDA CITY GAS
County Attorney Alan Polackwich, Sr. addressed a concern of the Board, informing them
that at the end of the 25 Year Franchise Agreement, the Florida Public Service Commission
decides what happens to the pipes.
Chairman Flescher opened the Public Hearing, seeing no one, he closed the Public
Hearing.
taken.
MOTION WAS MADE by Commissioner O'Bryan
SECONDED by Chairman Flescher, to approve the proposed
Natural Gas Franchise Agreement with Flonda City Gas, as
recommended in the memorandum of June 11, 2013.
Following a brief discussion regarding Franchise Agreements, the following action was
The Chairman CALLED THE QUESTION, and the Motion
carried unanimously.
June 18, 2013 14
143 PG 961
10.B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 2, 2013: KTLC T111. LLC's
REQUEST FOR ABANDONMENT OF A 20' ALLEYWAY RUNNING FROM 42ND PLACE
SOUTH TO 42ND STREET AND LYING BEHIND LOTS 1-20 OF THE/. T. GRAY'S TOWN OF
GIFFORD SUBDIVISION (LEGISLATIVE)
The County Attorney read the Notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. Community Development - None
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
June 18, 2013 15
BK 143 PG 962
12. G. Office of Manamentent and Budfet
12.G. 1. SPRING TRAINING FACILITY REVENUE BONDS, SERIES 2001 CONSIDERATION
OF PARTIAL EARLY PAYOFF
Director of Budget and Management Jason Brown presented this item to the Board
stating that the plan today is to pay off a portion of the remaining balance of the Spring Training
Revenue Bonds, Senes 2001, and the process will begin with the Board approving a budget
amendment. At a later date, he will bnng this matter back to the Board to pay off the remaining
portion.
12.H.
ON MOTION by Commissioner Solan, SECONDED by
Vice Chairman Davis, the Board unanimously: 1) authorized
staff to begin the process of calling $2,275,000 out of the
$10,420,000 remaining of the Spring Training Facility
Revenue Bonds, Senes 2001 on or before October 1, 2013;
and 2) authorized a budget amendment to allocate funding
for this transaction from General Fund Cash Forward, as
recommended in the memorandum of June 11, 2013.
Recreation - None
12.1. Public Works
12.1.1. DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY AGREEMENT - ROUND ISLAND
BEACH PARK FOR ENVIRONMENTAL ASSESSMENT AND RESPONSE
(Clerk's Note: This item was heard following Consent Agenda Item 8.P. and is placed
here for continuity)
June 18, 2013 16
BK 143 PG 963
Coastal Engineer James Gray, Jr. requested approval of a Right -of -Entry Agreement
between Indian River County and the Department of the Army for the temporary use of Round
Island Beach Park (the Park) in the event they find objects known as Horned Scullies offshore
during the US Army Corps of Engineers (USACE) debris removal action under the Defense
Environmental Restoration Program for Formerly Used Defense Sites (DERP FUDS).
U. S. Army Corps of Engineer Frank Araico accompanied by Nancy Sticht, gave a brief
presentation (copy on file) on formerly used defense sites in Jacksonville. Mr. Armco explained
that the agreement is needed in the event that an obstacle cannot be removed using a barge. If
the Park is used, USACE would be responsible for all site restoration to the beach park and they
have named Indian River County as an additional insured on their Certificate of Insurance. Once
their work plan is completed, they will have a coordination meeting with the County and the
Department of the Army. Mr. Araico responded to questions from the Board.
ON MOTION by Commissioner O'Bryan, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to sign on behalf of the County the
Right -of -Entry Agreement between Indian River County and
the Department of the Army, as recommended in the
memorandum of June 6, 2013.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.2. CRIME SCENE FACILITY CHANGE ORDER #2 PROCTOR CONSTRUCTION
COMPANY EVIDENCE COMPOUND
Manager of Facilities Management Lynn Williams presented this item and responded to
questions by the Board
June 18, 2013 17
51 113PG964
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Change Order #2 to the
Crime Scene Facility contract with Proctor Construction
Company in the amount of $499,115.00, subject to an
agreement which is acceptable to the County Attorney's
office, as recommended in the memorandum of June 11,
2013.
12.1 Utilities Services
12....1. CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY PERMIT RENEWAL
AND BLUE CYPRESS WASTEWATER TREATMENT FACILITY
County Utility Services Director Vincent Burke presented this item to the Board.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, the Board unanimously approved and
authorized the Chairman to execute Work Order No. 7 to
MBV Engineering Inc. in the amount of $24,250, to prepare
and submit permit renewal packages, as recommended in the
memorandum of June 10, 2013.
13. COUNTY ATTORNEY MATTERS
13.A. Permission to Advertise for Proposed Property Exchange with KAH
Development Corporation — 8th Court SW (off Oslo Road)
County Attorney Polackwich, Sr. presented this item to the Board to request permission
to advertise for a property exchange with KAH Development Corporation, who wants to give the
County ownership of 8th Court SW, plus $7,500, inclusive of documentary stamps for the deed,
143 PG 965
June 18, 2013 18
in exchange for a small County owned commercial lot at 830 9th Street SW to add to its other
two lots.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Davis, the Board unanimously authonzed
staff to proceed with the required advertisements for the
property exchange with KAH Development Corporation
(KAH) parcel at 820 9th St. SW and Indian River County's
parcel at 830 9th St. SW, as recommended in the
memorandum of June 18, 2013.
13.B. William Luther License Agreement
MOTION WAS MADE by Vice Chairman Davis,
SECONDED by Chairman Flescher, to approve staff s
recommendation.
Dana Larson, legal intern for the County Attorney's office, presented this item stating
that the old Ryall property located at 7780 85th Street, Vero Beach, was purchased by the County
with the assistance of the Indian River Land Trust. Sheriff Deputy William Luther will be
leasing the property with a one year renewal, and have the responsibility of occupancy and
mowing the land.
Commissioner Solari said the Board should be renting County property at fair market
value and opposed approval of this item.
ON MOTION by Vice Chairman Davis, SECONDED by
Chairman Flescher, by a 4-1 vote (Commissioner Solari
opposed) the Board approved and authorized the Chairman
to execute the one year license agreement with Deputy
June 18, 2013` 19
143 PG 966
William Luther, authorizing him to use and occupy the real
property and improvements located at 7780 85th Street, Vero
Beach, Florida 32967, as recommended in the memorandum
of June 7, 2013.
14. COMMISSIONER ITEMS
14.A. Commissioner Joseph E. Flescher, Chairman - None
14.B. Commissioner Wesley S. Davis, Vice Chairman
14.B.1. COMPREHENSIVE PLAN TEXT AMENDMENT
Vice Chairman Davis requested to discuss the Comprehensive Plan Text Amendment to
change Policy 5.7 as it relates to County water connections outside the Urban Service Area
(USA). He spoke on behalf of several County residents that were present with their request to
have County water on their property. These residents reside adjacent to the parcels on 66th
Avenue between 8th Street and 12th Street, where the County is installing a water line.
Commissioner Zorc added that there was a second set of property owners along 66th
Avenue in Pine Tree Park where the USA line stops short. He suggested that there be a Master
Plan when they design the major road ways.
Director of Community Development Bob Keating stated that one solution would be to
amend the Comprehensive Plan by putting in another exception to the Urban Service Boundary
requirement.
Commissioner Solari wanted three issues addressed in this discussion going forward* 1)
to change the Comprehensive Plan Land Use regarding the USA impacting the whole County,
not just residents on 66th Avenue; (2) to contact the Planning & Zoning Commission for their
June 18, 2013 20
BK J43PG967
input before they make a decision to change the Comprehensive Plan; and (3) to discuss the
impact of rationing and development of the water and sewer utility in the County.
Director Burke said he would look at the engineering cost and change order to the
contract, to loop into 16th Street, at an estimated cost of $53,000, without violating the
Comprehensive Plan and bring this back before the Board for consideration.
Steve Moler, Masteller, Moler, Reed and Taylor, Inc. said the way the policy is written
now, the residents cannot get water. He thinks the code should recognize when they have a
string of residential properties and provide those residents with a means to legitimately obtain
water.
The following residents in the USA addressed the Board with their personal concerns and
situations regarding the poor quality of the water on their properties:
Robert Brice, 7765 91St Avenue, Vero Beach
Robert Lindsey, 6585 12th Street, Vero Beach
Richard Holland, 1140 66th Avenue, Vero Beach
Diane Lembo, 940 66th Avenue, Vero Beach
Alex Walters, 125 66th Avenue, Vero Beach
There was further discussion by the Board, and the following motion was made:
MOTION WAS MADE by Vice Chairman Davis, and
SECONDED by Commissioner Solari, to: 1) direct the
Utilities and Community Development staff to look at the
overall water and sewer quality Countywide; 2) look into
looping the 66th Avenue water connections project outside
the Urban Service Area; 3) return to the Board to further
June 18, 2013 21
1311 143 PG 9(8
discuss the possibly of amending the County's water policies;
and 4) pursue involvement of the Health Department.
Some discussion on the Motion followed.
The Chairman CALLED THE QUESTION and the Motion
earned unanimously.
14.C. Commissioner Peter D. O'Bryan
14. C 1. PROCLAMATION POLICY
Commissioner O'Bryan recalled the lack of overall support from the Commissioners
regarding the Humanist Proclamation presented to the Board on June 11, 2013. In an effort to
reduce potential future conflicts, he did some research and made the following motion for Board
approval.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solan, to adopt a single
Proclamation to recognize individual religious groups.
After discussion and hearing comments from Commissioner Solari regarding the date for
the Proclamation, a consensus was reached.
There was a Board CONSENSUS to ask Commissioner
Solari to do further research and to prepare a draft of a single
Proclamation to bring back for further Board action.
June 18, 2013 22
BK ' k3 PG 969
Attorney Polackwich supported the Motion and preferred that the Proclamation Policy be
changed.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board approved to adopt a single
Proclamation to recognize individual religious groups.
14.D. Commissioner Bob Solari — None
•
14.E. Commissioner Tim Zorc
14.E.1. IMPACT FEE WORKSHOP
Commissioner Zorc brought this item to the Board to request a workshop on July 11th
regarding Impact Fees.
Commissioner Solari, Joseph Paladin from Black Swan Consulting, as well as staff
made suggestions to delay scheduling the workshop until after the County receives information
from the consultant Tindale -Oliver and Associates, Inc.
Commissioner Zorc agreed to delay the workshop until the fall, asking staff to expedite
the agreement with the consultant, Tindale -Oliver and Associates, Inc., and asking the consultant
to expedite the traffic segment first.
15. SPECIAL DISTRICTS AND BOARDS
15.A Emerftencv Services District
The Board of County Commissioners reconvened as the Board of Commissioners of the
Emergency Services District. Those Minutes are available separately.
June 18, 2013 23
OK 143 PG 970
15.A.1. APPROVAL OF MINUTES - MEETING OF APRIL 9, 2013
15.A.2. APPROVAL OF PHASE 4 WORK FOR FIRE RESCUE STATION 13 SITE (4TH
STREET AND 43" AVENUE)
15.B. Solid Waste Disposal District
Following the Emergency Services District meeting, the Board of County Commissioners
reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes
are available separately.
15.B.1. APPROVAL OF MINUTES- MEETING OFMAY21, 2013
15.B.2. REQUEST TO PARTICIPATE IN THE "2013 KIRB MARKETPLACE" AT INDIAN
RIVER MALL
15.B.3. WORK ORDER No. 7 TO GEOSYNTEC FOR ONE YEAR OF GROUNDWATER
MONITORING/REPORTING AND RELATED CONSULTING SERVICES AT THE FORMER
SOUTH GIFFORD ROAD LANDFILL
15.B.4. FINAL PAY FOR GEOSYNTEC WORK ORDER No. 5 & REDEVELOMENT PLAN
PRESENTATION- FORMER GIFFORD ROAD LANDFILL
15.C. Environment 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
June 18, 2013 24
BIC 143 PG 971
There being no further business, the Chairman declared the Board of County Commission
meeting adjourned at 1:07 p.m.
ATTEST:
Josep E Flescher, Chairman
Cler of Circuit Court & Comptroller
Minutes Approved: JUL 1 6 2013
BCC/MS/2013Minutes
June 18, 2013 25
143 PG 972