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HomeMy WebLinkAbout06/05/2012 (2)MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JUNE 5, 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. Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court Commissioner Joseph E Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS A. Presentation on Hurricane Preparedness by Dale Justice, Emergency Management Coordinator, Indian River County Emergency Services District and Himanshu Mehta, Managing Director, Indian River County Solid Waste Disposal District June 5, 2012 PAGE 1-3 BK 1142 PG 508 Page 1 of 6 6. APPROVAL OF MINUTES PAGE A. Regular Meeting of April 3, 2012 B. Regular Meeting of April 10, 2012 C. Regular Meeting of April 17, 2012 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Resignation of the Interested in Tourist Development, not an Owner/Operator Representative to the Tourist Development Council (memorandum dated May 30, 2012) 4-5 8. CONSENT AGENDA A. Approval of Warrants and Wires — May 11, 2012 to May 17, 2012 (memorandum dated May 17, 2012) 6-12 B. Approval of Warrants and Wires — May 18, 2012 to May 24, 2012 (memorandum dated May 24, 2012) 13-20 C. Resolutions Cancelling Taxes on Properties Acquired by Indian River County for Public Purposes (memorandum dated May 29, 2012) 21-32 D. Proclamation and Retirement Award Honoring Cheryl Primeau on Her Retirement from Indian River County Board of County Commissioners Department of General Services with Fifteen Years Service 33-34 E. Miscellaneous Budget Amendment 013 (memorandum dated May 30, 2012) 35-39 F. F.D 0 T Small County Outreach Program Agreement and Resolution FM No. 427572-1-58-01 Construction (reconstruction) of CR512 Eastbound Lanes Only from Roseland Road to Easy Street IRC Project No. 0391 (memorandum dated May 18, 2012) 40-57 G. Release of Retainage for Coastal Tech Work Order No. 11 Sector 3 Beach Restoration — Phase 2 Construction Phase Services (memorandum dated May 25, 2012) 58-62 BK 142 PG 509 June 5, 2012 Page 2 of 6 8. CONSENT AGENDA PAGE H. Amendment No 16 to the Professional Services Agreement with Carter Associates, Inc. IRC Project No. 9810B — 66th Avenue Paving Improvements (4th Street to SR60) (memorandum dated May 25, 2012) 63-70 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS None 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 Residents of Grove Isle, Garden Grove, Midway Estates and Jonathan Miller Regarding Entranceway to County and U.S.1 Widening 71 C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A. Community Development 1. Consideration of a Request For a Local Jobs Grant by a Manufacturing Company (memorandum dated May 29, 2012) B. Emergency Services None June 5, 2012 72-94 BK 142PG510 Page 3 of 6 12. DEPARTMENTAL MATTERS PAGE C. General Services None 11 Human Resources None E. Human Services None F. Leisure Services None G. Office of Management and Budget 1. Tourist Development Council 2012/2013 Budget Recommendations (memorandum dated May 29, 2012) H. 95-99 Recreation None Public Works 1. Landscaping Update — May 31, 2012 U.S.1 Construction Project Between Oslo Road and South County Line Roadway Widening from Four to Six Lanes (Update Report Dated May 31, 2012) J. Utilities Services 1. 8" Water Main Replacement on 16th Street East of 58th Avenue to Rosewood Court (memorandum dated May 18, 2012) 100 101-104 2. Clarification of Utility Policy for Deposits on Reserve Accounts (memorandum dated May 30, 2012) 105-107 B11 142 PG 511 June 5, 2012 Page 4 of 6 13. COUNTY ATTORNEY MATTERS A. Fire Hydrant Agreement with the City of Fellsmere (memorandum dated May 29, 2012) PAGE 108-113 B. Acquisition of Right -of -Way Along 66th Avenue South, Nicole Grice West, 12th Street East of 66th Avenue (memorandum dated May 30, 2012) 14. COMMISSIONERS ITEMS A. Commissioner Gary C, Wheeler, Chairman None 114-129 B. Commissioner Peter D. O'Bryan, Vice Chairman 1. Consideration of Resolution to include a Representative from the Indian River State College for a Seat on the Economic Development Council (memorandum dated May 30, 2012) 130-134 C. Commissioner Wesley S. Davis 1. Residents' Concerns re Recent Cutting of Oak Trees in Roseland (memorandum dated May 29, 2012) D. 135 Commissioner Joseph E. Flescher None E. Commissioner Bob Solari None 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District None B. Solid Waste Disposal District 1. Approval of Minutes Meeting of April 3, 2012 2. Approval of Minutes Meeting of April 10, 2012 3. Approval of Minutes Meeting of April 17, 2012 June 5, 2012 BK 142PG512 Page 5 of 6 15. SPECIAL DISTRICTS AND BOARDS PAGE B. Solid Waste Disposal District 4. Public Hearing to Amend Solid Waste Disposal District Rates by Resolution (memorandum dated May 23, 2012) 136-138 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. June 5, 2012 BM 142PG513 Page 6 of 6 JEFFREY K. BARTON Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS JUNE 5, 2012 1. CALL TO ORDER 1 2. INVOCATION 1 3. PLEDGE OF ALLEGIANCE 1 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2 MOVED: ITEM 12.I.1. LANDSCAPING UPDATE, TO PRECEDE ITEM 10.B. PUBLIC DISCUSSION ITEMS 2 5. PROCLAMATIONS AND PRESENTATIONS 2 5.A. PRESENTATION ON HURRICANE PREPAREDNESS BY DALE JUSTICE, EMERGENCY MANAGEMENT COORDINATOR, INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND HIMANSHU MEHTA, MANAGING DIRECTOR, INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 2 6. APPROVAL OF MINUTES 2 6.A. REGULAR MEETING OF APRIL 3, 2012 2 6.B. REGULAR MEETING OF APRIL 10, 2012 2 6.C. REGULAR MEETING OF APRIL 17, 2012 2 June 5, 2012 1 BK 142 PG 514 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 3 7.A. RESIGNATION OF THE INTERESTED IN TOURIST DEVELOPMENT, NOT AN OWNER/OPERATOR REPRESENTATIVE TO THE TOURIST DEVELOPMENT COUNCIL 3 8. CONSENT AGENDA 3 B.A. APPROVAL OF WARRANTS AND WIRES - MAY 11, 2012 TO MAY 17, 2012 3 8.B. APPROVAL OF WARRANTS AND WIRES - MAY 18, 2012 TO MAY 24, 2012 4 8.C. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY INDIAN RIVER COUNTY FOR PUBLIC PURPOSES 4 8.D. PROCLAMATION AND RETIREMENT AWARD HONORING CHERYL PRIMEAU ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES WITH FIFTEEN YEARS SERVICE 5 B.E. MISCELLANEOUS BUDGET AMENDMENT 013 6 8.F. F.D.O.T. SMALL COUNTY OUTREACH PROGRAM AGREEMENT AND RESOLUTION FM NO. 427572-1-58-01 CONSTRUCTION (RECONSTRUCTION) OF CR512 EASTBOUND LANES ONLY FROM ROSELAND ROAD TO EASY STREET IRC PROJECT No. 0391 6 8.G. RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER NO. 11 SECTOR 3 BEACH RESTORATION - PHASE 2 CONSTRUCTION PHASE SERVICES 7 8.H. AMENDMENT NO. 16 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. IRC PROJECT NO. 981 OB - 66TH AVENUE PAVING IMPROVEMENTS (4TH STREET TO SR60) 7 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 7 10. PUBLIC ITEMS 8 10.A. PUBLIC HEARING(S) - NONE 8 10.B. PUBLIC DISCUSSION ITEMS 8 10.B.1. REQUEST TO SPEAK FROM RESIDENTS OF GROVE ISLE, GARDEN GROVE, MIDWAY ESTATES AND JONATHAN MILLER REGARDING ENTRANCEWAY TO COUNTY AND U.S.1 WIDENING 8 June 5, 2012 2 BK 142PG515 10.C. PUBLIC NOTICE ITEMS - NONE 9 11. COUNTY ADMINISTRATOR MATTERS - NONE 9 12. DEPARTMENTAL MATTERS 12.A. 12.A.1. 9 COMMUNITY DEVELOPMENT 9 CONSIDERATION OF A REQUEST FOR A LOCAL JOBS GRANT BY A MANUFACTURING COMPANY 9 12.B. EMERGENCY SERVICES - NONE 10 12.C. GENERAL SERVICES - NONE 10 12.D. HUMAN RESOURCES - NONE 10 12 E HUMAN SERVICES - NONE 10 12.F. LEISURE SERVICES - NONE 11 12.G. OFFICE OF MANAGEMENT AND BUDGET 11 12.G.1. TOURIST DEVELOPMENT COUNCIL 2012-2013 BUDGET RECOMMENDATIONS 11 12.1. RECREATION - NONE 14 12.I. PUBLIC WORKS 14 12.I.1 LANDSCAPING UPDATE — MAY 31, 2012 U.S.1 CONSTRUCTION PROJECT BETWEEN OSLO ROAD AND SOUTH COUNTY LINE ROADWAY WIDENING FROM FOUR TO SIX LANES 14 12J. UTILITIES SERVICES 15 12.J.1. 8" WATER MAIN REPLACEMENT ON 16TH STREET EAST OF 58TH AVENUE TO ROSEWOOD COURT 15 12.J.2. CLARIFICATION OF UTILITY POLICY FOR DEPOSITS ON RESERVE ACCOUNTS 15 13. COUNTY ATTORNEY MATTERS 16 FIRE HYDRANT AGREEMENT WITH THE CITY OF FELLSMERE 16 ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVENUE SOUTH, NICOLE GRICE WEST, 12TH STREET EAST OF 66TH AVENUE 16 13.A. 13.B. 14. COMMISSIONER ITEMS 17 14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN - NONE 17 14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN 17 June 5, 2012 3 BK 142 PG 516 14.B.1. CONSIDERATION OF RESOLUTION TO INCLUDE A REPRESENTATIVE FROM THE INDIAN RIVER STATE COLLEGE FOR A SEAT ON THE ECONOMIC DEVELOPMENT COUNCIL 17 14.C. COMMISSIONER WESLEY S. DAVIS 18 14.C.1. RESIDENTS' CONCERNS RE: RECENT CUTTING OF OAK TREES IN ROSELAND 18 14.D. COMMISSIONER JOSEPH E FLESCHER - NONE 20 14.E. COMMISSIONER BOB SOLARI - NONE 20 15. SPECIAL DISTRICTS AND BOARDS 20 15.A. EMERGENCY SERVICES DISTRICT - NONE 20 15.B. SOLID WASTE DISPOSAL DISTRICT 20 15.B.1. APPROVAL OF MINUTES MEETING OF APRIL 3, 2012 20 15.B.2. APPROVAL OF MINUTES MEETING OF APRIL 10, 2012 20 15.B.3. APPROVAL OF MINUTES MEETING OF APRIL 17, 2012 20 15.B.4. PUBLIC HEARING TO AMEND SOLID WASTE DISPOSAL DISTRICT RATES BY RESOLUTION 20 15.C. ENVIRONMENTAL CONTROL BOARD - NONE 20 16. ADJOURNMENT 21 June 5, 2012 4 BK 1142 PG 517 JEFFREY K. BARTON Clerk to the Board June 5, 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, June 5, 2012. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D. O'Bryan, and Commissioners Wesley S. Davis, Joseph E Flescher, and Bob Solari Also present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr., and Deputy Clerk Leona Adair Allen. 1. CALL TO ORDER Chairman Wheeler called the meeting to order at 9:00 a.m. 2. INVOCATION Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court and Comptroller, delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Flescher led the Pledge of Allegiance to the Flag. June 5, 2012 1 BK 142 PG 518 4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS Commissioner Solari requested the following change to the Agenda: MOVED: ITEM 12.L1. LANDSCAPING UPDATE, TO PRECEDE ITEM 10.B. PUBLIC DISCUSSION ITEMS ON MOTION by Vice Chairman O'Bryan, SECONDED by Commissioner Davis, the Board unanimously approved the Agenda as amended. 5. PROCLAMATIONS AND PRESENTATIONS S.A. PRESENTATION ON HURRICANE PREPAREDNESS BY DALE JUSTICE, EMERGENCY MANAGEMENT COORDINATOR, INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT AND HIMANSHU MEHTA, MANAGING DIRECTOR, INDL4N RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT The 2012 Hurricane Season presentation was given by Indian River County Emergency Services District Management Coordinator Dale Justice, and Solid Waste Disposal District Managing Director Himanshu Mehta. Using a PowerPoint presentation (on file), they alerted residents about the upcoming hurricane season, reminded everyone to be prepared, provided emergency information for obtaining resources within the County, and discussed the details of the Hurricane Expo scheduled for June 9th from 9:00 a.m. to 3:00 p.m., at the Indian River Mall. 6. APPROVAL OF MINUTES 6.A. REGULAR MEETING OF APRIL 3, 2012 6.B. REGULAR MEETING OF APRIL 10, 2012 6.C. REGULAR MEETING OF APRIL 17, 2012 June 5, 2012 2 4 BILI 42PG5I9 The Chairman asked if there were any corrections or additions to the minutes. There were none. ON MOTION by Commissioner Flescher, SECONDED by Commissioner Davis the Board unanimously approved the minutes of the April 3, April 10, and April 17, 2012 Board meetings, as written. 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. RESIGNATION OF THE INTERESTED IN TOURIST DEVELOPMENT, NOT AN OWNER/OPERATOR REPRESENTATIVE TO THE TOURIST DEVELOPMENT COUNCIL Noted for the record was the resignation of Daniel Fourmont from the Tourist Development Council, effective May 29, 2012. 8. CONSENT AGENDA B.A. APPROVAL OF WARRANTS AND WIRES -MAY11, 2012 TOMAY 17, 2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of May 11, 2012 to May 17, 2012, as requested in the memorandum of May 17, 2012. June 5, 2012 3 EN 142 PG 520 8.B. APPROVAL OF WARRANTS AND WIRES - MAY 18, 2012 TO MAY 24, 2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires as issued by the Clerk to the Board for the time period of May 18, 2012 to May 24, 2012, as requested in the memorandum of May 24, 2012. 8.C. RESOLUTIONS CANCELLING TAXES ON PROPERTIES ACQUIRED BY INDIAN RIVER COUNTY FOR PUBLIC PURPOSES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2012-050, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Indian River County Housing Authority to Indian River County, Neighborhood Stabilization Program (Housing and Economic Recovery Act of 2008) Indian River County Ordinance No. 2012-006, Lot 15, Block J, Stevens Park Unit No. 1, 135 46th Avenue, Vero Beach, FL ) • June 5, 2012 4 142 PG 521. ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2012-051, cancelling certain taxes upon publicly owned lands, pursuant to Section 196.28, Florida Statutes. (Indian River County Housing Authority to Indian River County, Neighborhood Stabilization Program (Housing and Economic Recovery Act of 2008), Indian River County Ordinance No. 2012-006, Lot 213, Waterford Lakes Subdivision, Phase III, 1100 W. 13th Square, Vero Beach, FL ) 8.D. PROCLAMATION AND RETIREMENT AWARD HONORING CHERYL PRIMEAU ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES WITH FIFTEEN YEARS SERVICE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, Board unanimously approved the Proclamation honoring Cheryl Primeau on her retirement from Indian River County Board of County Commissioners Department of General Services Division of Mailroom/Switchboard. June 5, 2012 5 BK 142 PG 522 8.E. MISCELLANEOUS BUDGET AMENDMENT 013 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2012-052, amending the fiscal year 2011-2012 Budget. 8.F. F.D.O. T. SMALL COUNTY OUTREACH PROGRAM AGREEMENT AND RESOLUTION EM No. 427572-1-58-01 CONSTRUCTION (RECONSTRUCTION) OF CRS12 EASTBOUND LANES ONLY FROM ROSELAND ROAD TO EASY STREET IRC PROJECT NO. 0391 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Resolution 2012-053, authorizing the Chairman's execution of a Florida Department of Transportation Small County Outreach Program Agreement for the pavement rehabilitation of CR512 eastbound lanes from Roseland Road to Easy Street. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD June 5, 2012 6 BK 142 PG 523 8.G. RELEASE OF RETAINAGE FOR COASTAL TECH WORK ORDER No. 11 SECTOR 3 BEACH RESTORATION- PHASE 2 CONSTRUCTION PHASE SERVICES ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Release of Retainage for Work Order No. 11, to Coastal Technology Corporation, in the amount of $66,876.76, as recommended in the memorandum of May 25, 2012. 8.H. AMENDMENT No. 16 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CARTER ASSOCIATES, INC. IRC PROJECT NO. 9810B - 66TH AVENUE PAVING IMPROVEMENTS (4TH STREET TO SR60) ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved Amendment No. 16 for a lump -sum amount of $12,200.00 for Carter Associates, Inc., as outlined in the Scope of Services (Exhibit "A"), dated May 16, 2012, and authorized the Chairman to execute same, as recommended in the memorandum of May 25, 2012. AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE June 5, 2012 7 BK 142 PG 524 10. PUBLIC ITEMS 10.A. PUBLIC HEARING(S) - NONE 10.B. PUBLIC DISCUSSION ITEMS 10.B.1. REQUEST TO SPEAK FROM RESIDENTS OF GROVE ISLE, GARDEN GROVE, MIDWAY ESTATES AND JONATHAN MILLER REGARDING ENTRANCEWAY TO COUNTY AND U. S.1 WIDENING Jonathan Miller, Board Member, Treasurer, and Liaison for Grove Isle to the neighbors of Grove Isle, Garden Grove, and Midway Estates, provided background regarding the landscaping along the South County portion of US 1; spoke about the Florida Department of Transportation (FDOT) reversing their position in reducing the funds available for landscaping on roadway construction projects; and requested the Commissioners to: (1) take the stance of remaining alert and vigilant to the plans for improving and widening US 1, and (2) give consideration to planting indigenous grasses, foliage that would be low maintenance, and adding an entry sign into the County. Commissioner Solari recapped Mr. Miller's comments, thanked Representative Deborah Mayfield for her support, sought consensus of the Board regarding signage at the County's entry, and asked staff to make a proposal to see if it will be reasonable. Vice Chairman O'Bryan wanted staff to ensure that the northbound right-hand turn lanes and deceleration lanes to the subdivisions are factored in the roadway design. Commissioner Davis requested that staff specify the types of grasses and trees that will be planted in the median. June 5, 2012 8 BE 142 PG 525 10.C. PUBLIC NOTICE ITEMS - NONE 11. COUNTY ADMINISTRATOR MATTERS - NONE 12. DEPARTMENTAL MATTERS 12.A. COMMUNITY DEVELOPMENT 12.A.1. CONSIDERATION OFA REQUEST FORA LOCAL JOBS GRANT BY MANUFACTURING COMPANY Community Development Director Bob Keating presented background and description relating to a request for a Local Jobs Grant by a manufacturing company interested in relocating to the Vero Beach/Indian River County Enterprise Zone. He reported that the company had requested to keep its name confidential (under State laws that grant such for economic development), and is proposing to move its assembly, shipping, and research and development (R&D) activities to Indian River County, bringing about 52 new jobs to the County. He reviewed the terms of the Jobs Grant, and presented the recommendations of staff and the Economic Development Council (EDC) to approve the Local Jobs Grant Agreement of up to $294,800.00 if the Company locates within the County/Vero Beach Enterprise Zone, or $268,000.00 if it locates within the County but outside of the Enterprise Zone; however, he requested that the Board not approve the resolution supporting the Qualified Target Industry (QTI) Grant since the company has not finished the process. Helene Caseltine, Economic Development Director for the Indian River County Chamber of Commerce, provided the Company's statistics, noted the County's return on investment, and expressed delight that the new Company is considering relocating part of its operation to the Enterprise Zone. BK 142 PG 526 June 5, 2012 9 MOTION WAS MADE by Commissioner Davis, SECONDED by Vice Chairman O'Bryan, to approve staff's recommendation, without the resolution of support for the Company's state QTI application. Vice Chairman O'Bryan pointed out that the County had made a serious commitment to bringing fobs to the community, and if this is approved today, the County will have committed about $2.3 million towards various jobs grants since March of 2009. The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously: (1) approved the local jobs grant of up to $294,800 for the Company if the Company locates within the Indian River CountyNero Beach Enterprise Zone, or a local jobs grant of up to $268,000 if the Company locates within the County but outside the Enterprise Zone; and (2) authorized the Chairman to execute the Jobs Grant Agreement with the Company after approval of the agreement by appropriate County staff and the County Attorney's office. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12.B. EMERGENCY SERVICES - NONE 12. C. GENERAL SERVICES - NONE 12.13. HUMAN RESOURCES - NONE 12.E. HUMAN SERVICES - NONE June 5, 2012 10 BK 142 PG 527 12.F. LEISURE SERVICES - NONE 12. G. OFFICE OF MANAGEMENT AND BUDGET 12.G.1. TOURIST DEVELOPMENT COUNCIL 2012-2013 BUDGET RECOMMENDATIONS Management and Budget Director Jason Brown reviewed his memorandum dated May 29, 2012, providing the details of the Tourist Development Council's (TDC) agency requests, the ranking process, and the organizations' allocation results and recommendations for Fiscal Year 2012-2013. He thereafter presented the alternatives and recommended the Board proceed with Alternative 3, which would approve: (1) funding in the amount of $624,250 utilizing the new allocation process; (2) the final funding amounts equaling those shown in Table 3 (page 97 of the Agenda Packet); (3) the Cultural Council of Indian River County receiving $52,943, a 45.7% increase from the current funding level; (4) that the Indian River County Historical Society would not receive funding; and (5) that all other agencies would receive the full funding request. Vice Chairman O'Bryan, as Chairman of the TDC, explained the factors that influenced the vote of the TDC, and pointed out that the vast majority of the Board felt that all the projects were worthy of full funding. Director Brown, responding to Commissioner Solari, said the extra dollars, if given out, would come from the fund balance in the Tourism Fund. Administrator Baird stressed that tourism revenue is extremely volatile with 30% swings. He pointed out that staff takes a conservative approach to revenue projections due to unforeseen occurrences, such as a hurricane or beach erosion. June 5, 2012 11 811 142 PG 528 Ruth Stanbridge 4835 66th Avenue, representing the Indian River County Historical Society, asked the Board to think positive about the hurricane season, and to follow the final vote of the TDC for funding allocations. She requested that the TDC policies be reviewed and rewritten to make the process easier and better for everyone. Commissioner Davis believed that if an organization comes forward with pending projects, it would move up in priority more than a reoccurring request. Barbara Hoffman, 4170 Chardonnay Place, Chairman of the Board of the Cultural Council of Indian River County, explained how full funding of the TDC has helped and will continue to help: (1) increase the number of visitors to the County; (2) the new initiatives and marketing plans to continue increasing the number of visitors; and (3) tourists to have a positive experience, which will encourage them to stay longer, come back, and tell others. She urged the Board to grant full funding to all agencies. MOTION WAS MADE by Commissioner Solari, SECONDED by Commissioner Davis, to fund the Tourist Development Council $645,307 but fund it initially according to the furthest right column on page 96 of the Agenda Packet ($624,250 with a $21,057 contingency), which would be moved to the next column to the left if there is no hurricane. Discussion ensued regarding activities in the Sebastian and Fellsmere areas, increasing the production of the Cultural Council's Community Event Planner, and increasing the awareness of community events in the Sebastian area. BK 142 PG 529 June 5, 2012 12 Rebecca Rickey, Executive Director of the Heritage Center, said her organization is working with the Chamber and that there is now a Heritage Tourism Committee. She believed there would be a positive difference in the heritage history side of tourism with the collaboration of local Historical Societies and Cultural Tourism. Amy Selby, Director of Sales at Springhill Suites by Marriott in Vero Beach, mentioned that her hotel was awarded the 2011 International Marriott of the Year, emphasized that Indian River County is having a phenomenal year in tourism, and wanted to keep the momentum going by giving the organizations the money they need. Vice Chairman O'Bryan stressed that if a hurricane comes this year, the County will need much more than $400,000, and reminded the Board that the funds are on a reimbursement basis. He also reiterated that the County is having a strong year, and he wants to keep the momentum going by moving this forward. He said he had voted on the TDC for the full funding; therefore, would be opposing the current motion. Commissioner Flescher wanted to maintain all the attractors to Indian River County wanted to see more effort focused on marketing, and also to be more reliant upon the Chamber of Commerce for the investment in the County's future. The Chairman CALLED THE QUESTION and the Motion carried by a 4-1 vote (Vice Chairman O'Bryan opposed), the Board approved to fund the Tourist Development Council $645,307, and disburse the funds accordingly: (1) Indian River County Chamber of Commerce and Sebastian Chamber of Commerce - $410,607; (2) Treasure Coast Sports Commission - $148,700; (3) Cultural Council - $60,000; (4) Vero Heritage - $4,943; and (5) Historical Society - $0. Full funding of the organizations would be contingent upon June 5, 2012 13 BK 142 PG 530 there being no hurricanes in 2012, in which case the funds would be distributed as follows: (1) Indian River County Chamber of Commerce and Sebastian Chamber of Commerce - $410,607; (2) Treasure Coast Sports Commission - $148,700; (3) Cultural Council - $60,000; (4) Vero Heritage - $12,000; and (5) Historical Society - $14,000. The Chairman called for a break at 10:04 a.m., and reconvened the meeting at 10:17 a.m., with all members present. (Clerk's Note: Item 12.J. was addressed immediately following the break.) 12.H. RECREATION NONE 12.1. PUBLIC WORKS 12.1.1 LANDSCAPING UPDATE - MAY 31, 2012 U.S.1 CONSTRUCTION PROJECT BETWEEN OSLO ROAD AND SOUTH COUNTY LINE ROADWAY WIDENING FROM FOUR TO SIX LANES (Clerk's Note: This item was heard following Item 8.H. Consent Agenda, and is placed here for continuity.) Director Mora provided the Board with background and updates on the US 1 widening project between Oslo Road and the Indian River County/St. Lucie County line. He clarified the details pertaining to the landscape plans that were prepared by the Florida Department of Transportation (FDOT) consultant, Miller Legg from Fort Lauderdale, and the input from representatives of nearby communities who favored the proposed landscaping improvements, but June 5, 2012 14 131( 1.42 PG 531 wanted to add an entry sign and/or trees to designate US 1 as the gateway into Indian River County. • 12.J UTILITIES SERVICES 12.J.1. 8" WATER MAIN REPLACEMENT ON 16TH STREET EAST OF 58TH AVENUE TO ROSEWOOD COURT ON MOTION by Vice Chairman O'Bryan, SECONDED by Commissioner Solari, the Board unanimously approved the replacement of the 8" water main between 58th Avenue and Rosewood Court for labor and materials in the amount of $162,249.64, and authorized execution by the Chairman of Work Authorization No. 2010-007 for the Labor Contractor, Melvin Bush Construction, Inc., for $99,012.00, as presented and recommended in the memorandum of May 18, 2012. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12..1.2. CLARIFICATION OF UTILITY POLICY FOR DEPOSITS ON RESERVE ACCOUNTS ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, the Board unanimously approved that account holders of reserve accounts that are purchased for future development will not need to pay deposits on those reserves until such time that the reserves are moved to individual addresses and connection to the system is requested, as recommended in the memorandum of May 30, 2012. June 5, 2012 15 BK 142 PG 532 13. COUNTY ATTORNEY MATTERS 13.A. FIRE HYDRANT AGREEMENT WITH THE CITY OF FELLSMERE Attorney Alan S. Polackwich, Sr. recapped his memorandum dated May 29, 2012, providing background relating to the County's payment of an annual fire protection charge to the City of Fellsmere, and the proposed Fire Hydrant Agreement. He conveyed that the Fellsmere City Council approved in concept the stipulations in the Agreement, and is now bringing the proposed agreement to the Board for approval. In response to Commissioner Davis, Attorney Polackwich explained the fire hydrant maintenance arrangements with the other municipalities. ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, the Board unanimously approved the proposed Fire Hydrant Agreement relating to the annual fire protection charge with the City of Fellsmere, and authorized the Chairman to execute it on behalf of the County, as recommended in the memorandum of May 29, 2012. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVENUE SOUTH, NICOLE GRICE WEST, 121.11 STREET EAST OF 66TH AVENUE Deputy County Attorney William DeBraal reviewed his memorandum dated May 30, 2012, regarding the acquisition of the right-of-way parcel needed for the expansion of 66th Avenue, and the impacts it will have on the entrance to Nicole Grice West's Shady Oaks Ranch June 5, 2012 16 BK 142 PG 533 Boarding Stables and Riding School. He requested the Board to approve the contract for a total acquisition price of $64,494.75. ON MOTION by Commissioner Davis, SECONDED by Chairman Wheeler, the Board unanimously approved the contract for purchase of the Nicole Grice West parcel, and authorized the Chairman to execute the agreement on behalf of the Board, as recommended in the memorandum of May 30, 2012. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 14. COMMISSIONER ITEMS 14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN- NONE 14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN 14.B.1. CONSIDERATION OF RESOLUTION TO INCLUDE A REPRESENTATIVE FROM THE INDIAN RIVER STATE COLLEGE FOR A SEAT ON THE ECONOMIC DEVELOPMENT COUNCIL Vice Chairman O'Bryan asked the Board to consider assigning a seat on the Economic Development Council (EDC) to a representative from Indian River State College (IRSC), and waiving the Indian River County residency requirement in Resolution 2003-127, since the college covers four different counties. June 5, 2012 17 BKX42 PG 534 MOTION WAS MADE by Vice Chairman O'Bryan, SECONDED by Chairman Wheeler, to approve the requested resolution that would provide representation for a representative from Indian River State College to serve on the Economic Development Council. The Commissioners discussed requesting IRSC to put emphasis on a nominee from the Mueller Campus and/or a local representative. The Chairman CALLED THE QUESTION and the Motion carried. The Board unanimously approved Resolution 2012-054, providing representation for a representative from Indian River State College to serve on the Economic Development Council. 14. C. COMMISSIONER WESLEY S. DAVIS 14. C.1. RESIDENTS' CONCERNS RE: RECENT CUTTING OF OAK TREES IN ROSELAND Commissioner Davis informed the Board that there has been concern over the recent cutting of mature oak trees in the parking lot of the Roseland Plaza, and he asked staff to provide the details of the situation. Director Keating, using a PowerPoint Presentation (on file), reported that the owner of the Roseland Plaza had requested County authorization to remove the landscape oak trees that were in the islands of the parking lot because they were disrupting the view of the facade signs of the businesses in the plaza, despite having been cut back to the maximum. He said that staff had reviewed and authorized the removal of the nine oak trees, and was assured that they would be replaced with Sylvester palms, a larger palm tree that is considered comparable to a canopy tree. He defined the criteria of the County's tree protection ordinance and the landscaping ordinance, June 5, 2012 18 BK 142 PG 535 and concluded that staff had determined that the landscape ordinance provision for the replacement of trees is the ordinance that is on point. He also divulged that since this incident, staff has drafted minor changes to the Land Development Regulations, which will come before the Board in a few weeks for approval. In response to Commissioner Davis's questions, Community Development Planning Director Stan Boling further explained the landscaping ordinance and the corridor requirements. He also conveyed that when there is a landscaping change request, it is a staff level review and administrative approval, and the current code requirements are applied. Holly Dill, Roseland Road, expressed her frustration with cutting down the established oak trees in the Roseland Plaza parking lot. Commissioner Davis sought and received information about the County's policy as it relates to other businesses that may want to reduce their vegetation to increase visibility. Renee Renzi, Waverly Place, requested that trees not be cut down unnecessarily. She felt it was ridiculous that the owner wanted to cut down the established trees because residents already know what and where the stores in the plaza are without the signs. Richard Baker, resident of North County and voter in Roseland, said the Audubon Society was instrumental in getting the tree protection ordinance passed, and had also written the landscaping ordinance. He requested copies of the County's current tree protection ordinance and landscaping ordinance. Cy Carlson, Roseland, opposed the removal of the oak trees, and requested that staff notify the Roseland Community Association when anything comes before the Board that needs to be adjudicated. BK 142 PG 536 June 5, 2012 19 Director Boling explained the process that staff currently has in place, which is out of the ordinance. 14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 14.E. COMMISSIONER BOB SOLARI - NONE 15. SPECIAL DISTRICTS AND BOARDS 15.A. EMERGENCY SERVICES DISTRICT - NONE 15.B. SOLID WASTE DISPOSAL DISTRICT The Board reconvened as the Board of Commissioners of the Solid Waste Disposal District. Those Minutes are being prepared separately. 15.B.1. APPROVAL OF MINUTES MEETING OF APRIL 3, 2012 15.B.2. APPROVAL OF MINUTES MEETING OF APRIL 10, 2012 15.B.3. APPROVAL OF MINUTES MEETING OF APRIL 17, 2012 15. B. 4. PUBLIC HEARING TO AMEND SOLID WASTE DISPOSAL DISTRICT RATES BY RESOLUTION 15.C. ENVIRONMENTAL CONTROL BOARD - NONE June 5, 2012 20 4.41 131( 142 PG 537 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 10:59 a.m. ATTEST: ey R. Smith, Clerk of Circuit Court and Comptroller Minutes Approved: JUL 7 2012 BCC/LA/2012 Minutes Gary C (JWheeler, Chairman June 5, 2012 21 • ! 142 PG 538