The URL can be used to link to this page

Home My WebLink About07/10/2012COUNTY COMMISSIONERS Gary C. Wheeler, Chairman Peter D. O'Bryan, Vice Chairman Wesley S. Davis Joseph E. Flescher Bob Solari 1. 2. 3. 4. 5. G� CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JULY 10, 2012 - 9:00 A.M. County Commission Chamber Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 wwwircgovcom District 3 Joseph A. Baird, County Administrator District 4 Alan S. Polackwich, Sr., County Attorney District 1 Jeffrey R. Smith, Clerk to the Board Ad Interim District 2 District 5 �AIZ17�1 � Stan Boling, Planning Director Commissioner Bob Solari ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY ITEMS PAGE PROCLAMATIONS and PRESENTATIONS A. Presentation %J Proclamation Designating July 16 through July 22, 2012, as Treasure Coast Waterway Cleanup Week in Indian River County 1 APPROVAL OF MINUTES None eZa n9 SA I �8 July 10, 2012 Page 1 of 5 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT PAGE REQUIRING BOARD ACTION None 8. CONSENT AGENDA A. Approval of Warrants and Wires — June 22, 2012 to June 28, 2012 (memorandum dated June 28, 2012) 2-10 .................. -......... - - - - B. Request to Advertise for Public Hearing to Amend Ordinance No. 98-27 Regarding Payment of Bond Fee for Cert ain County Officers (memorandum dated July 2,_2012)______ __________________________________ ................ C. Applications for Interested in Tourist Development, not an Owner/Operator Tourist Accommodations Representative to the Tourist Development Council (memorandum dated July 3,_2012) ___________________________ ________ 15-24 D. Approval of Bid Award for IRC Bid No. 2012044 South RO Plant Wonderware Software Upgrade (memorandum dated June 27,_2012)_______________________ _______________________ ______ 25-33_. E. Approval to Authorize Payment for Shulman, Rogers, Gandal, Pordy, & Ecker, P.A. for 800 MHz Rebanding (memorandum dated June 20, 2012) 34-3 F. Amendment No. 3 to Work Order No. I — G.K. Environmental, Inc., Oslo Road Boat Ramp, IRC Project No. 0381 (memorandum dated June 26, 2012) 37-40 G. Federal Fiscal Year 2012 Edward Byrne Memorial Justice Assistance Grant (JAG) Approval of Distribution %J Grant Funds (memorandum dated July 2, 2012) 4143 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. Pelican Island Audubon Society's Request for Special Exception Use Approval for a Community Center (memorandum dated June 4, 2012)_ 44-58 - -- ------------------------------------------ ----------------------------------------------------------- Quasi -Judicial eza aq sirX42 FG 6" July 10, 2012 Page 2 of 5 10. PUBLIC ITEMS PAGE Be 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 Eugene J. O'Neill, Esq. for Jeff & Susan Wilber Regarding Amending of Zoning Ordinance- 917.04(2) 59-62 2. Request to Speak from Joe Wiggins Regarding Sidewalk on 11th Street' S.W. and Removal of Stop_Sign on l lth_Street S.W. 63 ....... - C. PUBLIC NOTICE ITEMS 1. Notice of Scheduled Public Hearing July 17, 2012: Request for approval of the Neighborhood Stabilization Program 3 (NSP3) Community Development Block Grant (CDBG) Revised Abbreviated Action Plan (memorandum_ dated July 2, 2012) 64 ------------------------------------------------------------ Legislative 11. COUNTY ADMINISTRATOR MATTERS None 12. DEPARTMENTAL MATTERS A• Community Development None B, Emergency Services 9 GiT: C, General Services None D, Human Resources None E, Human Services None F, Leisure Services aa Q, so i ne July 10, 2012 Page 3 of 5 12. DEPARTMENTAL MATTERS PAGE 13 14. G, Office of Management and Budget None g, Recreation None I, Public Works None J, Utilities Services 1. Approval of Work Order No. 1 with Atkins, Inc. for Engineering Services to Design the West Regional Wastewater Treatment Facility Odor Improvements (memorandum dated June 28 2012) 65-69 2. Final Pay of Amendment #1 to Geosyntec for Ground Water Assessment and Monitoring Proposal for Old Savannah Lift Station (memorandum dated June 12 2012) 70-77 COUNTY ATTORNEY MATTERS ° None COMMISSIONERS ITEMS A, Commissioner Gary C, Wheeler, Chairman None B, Commissioner Peter D. O'Bryan, Vice Chairman None C, Commissioner Wesley S. Davis None D, Commissioner Joseph E. Flescher None E, Commissioner Bob Solari None oaa � s mi i M July io, aoia �42:P6 Page 4 of 5 J 15. SPECIAL DISTRICTS AND BOARDS AWN A, Emergency Services District None B, Solid Waste Disposal District None C, Environmental Control Board None 16. ADJOURNMENT PAGE 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) 2264223 at least 48 hours in advance of meeting. The full agenda is available on line at the Indian River County Website at www.irc ov.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, andSaturday at 12:00 Noon to 5: 00 p.m. � X42 P6 6�i July 10, 2012 Page 5 of 5 saa a9 s�i � JEFFREY R. SMITH Clerk to the Board INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS JULY 104) 2012 1. CALL TO ORDER..........................................................................................................................1 2. INVOCATION.................................................................................................................................1 3. PLEDGE OF ALLEGIANCE.......................................................................................................... l ADDITION: ITEM 8.1-1. PURCHASE ORDER FOR REMEDIATION SERVICES OF CONTENTS WITHIN THE BRACKETT LIBRARY............................................................2 S. PROCLAMATIONS AND PRESENTATIONS............................................................................ 2 S.A. PRESENTATION OF PROCLAMATION DESIGNATING JULY 16 THROUGH JULY 22, 1 2012, AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY.................................................................................................................. 2 6. APPROVAL OF MINUTES -NONE............................................................................................. 2 7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION -NONE............................................................................................................. 2 July 10, 2012 1 8. CONSENT AGENDA..................................................................................................................... 2 8.A. APPROVAL OF WARRANTS AND WIRES - JUNE 22, 2012 TO JUNE 28, 2012 .....6609.000091.3 8.13. REQUEST TO ADVERTISE FOR PUBLIC HEARING TO AMEND ORDINANCE NO. 98- 27 REGARDING PAYMENT OF BOND FEE FOR CERTAIN COUNTY OFFICERS.................3 8.C. APPLICATIONS FOR "INTERESTED IN TOURIST DEVELOPMENT, NOT AN OWNER/OPERATOR TOURIST ACCOMMODATIONS REPRESENTATIVE" TO THE.............4 TOURIST DEVELOPMENT COUNCIL...........................................................................4 8.D. APPROVAL OF BID AWARD FOR IRC BID NO. 2012044 SOUTH RO PLANT WONDERWARE SOFTWARE UPGRADE.......................................................................4 8.E. APPROVAL TO AUTHORIZE PAYMENT FOR SHULMAN, ROGERS, GANDAL, PORDY, & ECKER, P.A. FOR 800 MHZ REBANDING...................................................5 8.F. AMENDMENT NO. 3 TO WORK ORDER NO. 1 - G.K. ENVIRONMENTAL, INC., OSLO ROAD BOAT RAMP, IRC PROJECT NO. 0381 .....................................................5 8.G. FEDERAL FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) APPROVAL OF DISTRIBUTION OF GRANT FUNDS..................................6 8.H. PURCHASE ORDER FOR REMEDIATION SERVICES OF CONTENTS WITHIN THE BRACKETT LIBRARY - ADDITION..............................................................................6 9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE ................. 7 10. PUBLIC ITEMS............................................................................................................................... 7 10.A. PUBLIC HEARING................................................................................................7 IO.A.I. PELICAN ISLAND AUDUBON SOCIETY'S REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A COMMUNITY CENTER (QUASI-JUDICIAL).......................................7 10.B. PUBLIC DISCUSSION ITEMS. 0 0 a a a 0 0 9 0 a 0 a 0 a 0 v 0 a a 6 0 w 4 8 a a 4 0 a 0 a 0 0 0 0 0 a 0 0 4 0 * 0 0 0 0 4 0 a 0 * 0 0 a a a * 0 0 a 0 a 0 0 0 0 a 1 0 4 a 0 a 0 a m 11 IO.B.I. REQUEST TO SPEAK FROM EUGENE J. O'NEILL, ESQ. FOR JEFF &SUSAN WILBER REGARDING AMENDING OF ZONING ORDINANCE 917.04(2) ........................ 1 1 l O.B.2. REQUEST TO SPEAK FROM JOE WIGGINS REGARDING SIDEWALK ON 11TH STREET, S.W. AND REMOVAL OF STOP SIGN ON 11TH STREET S.W........................... 13 10.C. PUBLIC NOTICE ITEMS......................................................................................14 IO.C.I. NOTICE OF SCHEDULED PUBLIC HEARING JULY 175 2012: 14 REQUEST FOR APPROVAL OF THE NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) REVISED ABBREVIATED ACTION PLAN (LEGISLATIVE).......................................................... 14 Baa � sir �e X 14 2 July 10, 2012 2 P6 X64 1I . 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............................................................00.00.................. 15 12.D. HUMAN RESOURCES - NONE.................................................................................. 15 12.E. HUMAN SERVICES -NONE...................................................................................... 15 12.F. LEISURE SERVICES -NONE.................................................................................... 15 12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ..................................................... 15 1 2.H. RECREATION - NONE............................................................................................. 1 5 12.I. PUBLIC WORKS -NONE......................................................................................... 15 12.7. UTILITIES SERVICES.............................................................................................. 15 12.7.1. APPROVAL OF AxT^r'T' n"T't''n r7n I AMENDMENT NO. 1 TO AIT ORDER NO. I WITH ATKINS, INC. FOR ENGINEERING SERVICES TO DESIGN THE WEST REGIONAL WASTEWATER TREATMENT FACILITY ODOR IMPROVEMENTS ................. 15 FINAL PAY OF AMENDMENT # 1 TO GEOSYNTEC FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL FOR OLD SAVANNAH LIFT STATION 0000.. 16 13. COUNTY ATTORNEY MATTERS -NONE.............................................................................16 14. COMMISSIONER ITEMS............................................................................................................16 14.A. COMMISSIONER GARY C. WHEELER, CHAIRMAN -NONE ......................................... 16 14.B. COMMISSIONER PETER D. O'BRYAN, VICE CHAIRMAN -NONE ................................ 16 14.C. COMMISSIONER WESLEY S. DAVIS -NONE............................................................. 16 14.D. COMMISSIONER JOSEPH E. FLESCHER -NONE......................................................... 16 14.E. COMMISSIONER BOB SOLARI -NONE...................................................................... 17 15. SPECIAL DISTRICTS AND BOARDS....................................................................................... 17 15.A. EMERGENCY SERVICES DISTRICT -NONE............................................................... 17 15.B. SOLID WASTE DISPOSAL DISTRICT -NONE............................................................ 17 15.C. ENVIRONMENTAL CONTROL BOARD -NONE........................................................... 17 July 10, 2012 3 16. ADJOURNMENT...**** 0 0 0 IV IV 0 0 00* a a 0*9 0*906 00666 IV IV 0 0 0 0 00 IV an 0 0 9 0 a a *9 0 0 0 0 *too 0 IV* 0 IV a IV* we 0 0 0 0 0 0 0 0 0 0 any 9 6 6 0 * 0 & 0 6 6 0 0 0 0 6 a 17 zaaJu�1��'0�2� JEFFREY R. SMITH Clerk to the Board July 10, 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, July 10, 2012. Present were Chairman Gary C. Wheeler, Vice Chairman Peter D. YBryan, 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 Maureen Gelfo. 1. CALL TO ORDER Chairman Wheeler called the meeting to order at 9:00 a.m. 2. INVOCATION Planning Director Stan Boling delivered the Invocation. 3. PLEDGE OF ALLEGIANCE Commissioner Solari led the Pledge of Allegiance to the Flag. July 10, 2012 1 5. ADDITIO ELETIONS TO THE AG] Chairman Wheeler requested the following change to the Agenda: GENCYITEMS V ADDITION: ITEM B.H. PURCHASE ORDER FOR REMEDIATION SERVICES OF CONTENTS WITHIN THE BRACKETT LIBRARY ON MOTION by Commissioner Davis, SECONDED by Commissioner Solari, the Board unanimously approved the Agenda as amended. PROCLAMATIONS AND TATIONS SA PRESENTATION OFPROCLAMATIONDESIGNATINGJULYI6THROUGH.IULY22,2D12, AS TREASURE COAST WATERWAYCLEANUP WEEK IN INDIAN RIVER COUNTY Commissioner Solari read and presented the Proclamation to Vince Nelson, April Price, and Officer Snook, the County's stormwater pollution prevention mascot. Ms. Price invited the public to volunteer for the cleanup on Saturday, July 21, 2012, and relayed that further information was available at the website, www tcwaterwaycleanup.com. 6. APPROVAL OF MINUTES -NONE 7. INFORP AL STAFF OR COM NOT REQUIRING BOARD ACTION -NONE 8. CONSENT AGENDA Commissioner Solari requested to pull Item 8.C. from the Consent Agenda for discussion. raa aq a X 42 K 668 July 10, 2012 2 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Consent Agenda, as amended. B.A. APPROVAL OF WARRANTS AND WIRES - .TUNE Z2.2OI2 TO JUNE 28.2OI2 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the list of Warrants and Wires produced by the Comptroller's Office for the time period of June 22, 2012 to June 28, 2012, as requested in the memorandum of June 28, 2012. B.B. REQUEST TO ADVERTISE FOR PUBLIC HEARING TO AMEND ORDINANCE NO. 98-27 REGARDING PAYMENT OF BOND FEE FOR CERTAIN COUNTY OFFICERS July 10, 2012 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously authorized staff to advertise the draft Ordinance amending Ordinance 98-27, pertaining to surety bond requirements for certain Constitutional Officers, for a public hearing on August 21, 2012, as recommended in the memorandum of July 2, 2012. 3 B.C. APPLICATIONS FOR "INTERESTED IN TOURIST DEVELOPMENT. NOT AN OWNER/OPERATOR TOURISTACCOMMODATIONSREPRESENTATIVE" TO THE TOURISTDEVELOPMENT COUNCIL Commissioner Solari pulled this item so the Board could vote for one of the two persons applying for the vacant position. Applications and resumes were received by Barbara Neubarth and George O'Malley, ON MOTION by Commissioner Solari, SECONDED by Commissioner Flescher, the Board unanimously approved the appointment of George G. O'Malley as the "Interested in Tourist Development, Not an Owner/Operator Tourist Accommodations Representative" to the Tourist Development Council, as requested in the memorandum of July 3, 2012. (Clerk's Note: the request was for Board approval of one of the two applicants for the vacancy). B.D. APPROVALOFBIDAWARDFORIRCBIDNO.2012O44SOUTHROPLANT WONDER WARE July 10, 2012 SOFTWARE UPGRADE ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously: (1) approved the bid to L3 Communications — Security and Detection Systems, as the lowest most responsive and responsible bidder meeting the specifications as set fort h in the Invitation to Bid; and (2) approved the sample 0 142 P6 670 agreement and authorized the Chairman to execute said agreement after receipt and approval of the required 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 27, 2012. AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.E. APPROVAL TOAUTHORIZEPAYMENT FOR SHULMAN, ROGERS, GANDAL, PORDY, & ECKER, P.A. FOR 8OO MHZ REBANDING ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Incumbent Acknowledgement and authorization that services identified on the invoice from Shulman, Rogers, Gandal, Pordy, & Ecker, P.A. have been performed, as recommended in the memoran dum of June 20, 2012. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD (Clerk's note: Frequency Reconfiguration Agreement with Nextel South Corporation for radio rebanding approved December 4, 2007. Shulman et al provided services during the rebanding). B.F. AMENDMENTNO. 3 TO WORK ORDER NO. I - G.K. ENVIRONMENTAL, INC., OSLO ROAD BOAT RAMP, IRC PROTECT NO. 0381 ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved and authorized the Chairman to execute Amendment No. 3 to Work Order No. 1 with G.K. Environmental, Inc., in the not -to -exceed sum of $12,800.00, authorizing the services sca 29 s41 A July 10, 2012 5 �4� P6 6TH outlined in the Scope of Services, as recommended in the memorandum of June 26, 2012. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.G. FEDERAL FISCAL YEAR 2012 EDWARD BYRNE MEMORIAL JUSTICEASSISTANCE GRANT (JAG) APPROVAL OFDISTRIBUTION OF GRANT FUNDS ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the Substance Awareness Council Advisory Board's recommendations and authorized the Board Chairman to execute the letter approving distribution of the funds to the Multi -Agency Drug Enforcement Unit (M.A.C.E.) and the Substance Awareness Council Drug Testing Program, along with the grant applications and other necessary related documents for submittal to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, prior to the deadline of Friday, July 20, 2012, as recommended in the memorandum of July 2, 2012. DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD B.H. PURCHASE ORDER FOR REMEDIATION SER VICES OF CONTENTS WITHIN THE BRACKETT LIBRARY -ADDITION ON MOTION by Commissioner Davis, SECONDED by Commissioner Flescher, the Board unanimously approved the issuance of an emergency purchase order in the amount of $57,500 to R. George & Associates, Inc., as recommended in the memorandum of July 9, 2012. July 10, 2012 6 co ONAL AGENCIES - NONE 10. PUBLIC ITEMS IO.A. PUBLICHEARING fl ✓IENTAL APPROVAL FORA COMMUNITYCENTER (QUASI-.%UDICIAL) PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD The Commissioners, as requested by the Chairman, divulged ex parte site visits, investigations, and communications, an d affirmed that their decisions would be based on the evidence an d applicable law. In accordance with Attorney Polackwich's declaration that this matter was quasi judicial in nature, the Deputy Clerk administered the Testimonial Oath to all persons who wished to speak at the hearing. Planning Director Stan Boling, through a PowerPoint presentation (copy on file), described and gave staff's analysis on the Pelican Island Audubon Society's ("PIAS") request for a special exception use approval to build a community center for training and educational purposes on a I -acre parcel that is zoned Residential Multi -Family Up to 6 Units Per Acre (RM. 6). He stated that PIAS's proposed facility will be located on the south side of Oslo Road, adjacent to the University of Florida's Florida Medical Entomology Laboratory (also zoned RM -6), and bordered by several conservation properties. He noted that there is a mitigation plan for the hardwood trees that will be removed, and that over 80% of the parcel will be preserved as open space after the project's completion. Director Boling relayed that both the ASK Planning and Zoning Commission and staff recommend that the Board approve the special �caa9S41X 5142 FG 673 July 10, 2012 7 exception use sought by the PIAS, with conditions related to the final tree mitigation plan, N onstruction of a Type B buffer, and sidewalk construction or bonding out. Commissioner Solari confirmed with staff that this property could be purchased by a developer and used to construct six residential units, if it is not acquired by the PIAS. The Chairman opened the Public Hearing. Charles Searcy, 1035 22°d Avenue, requested that the Board not grant PIAS's request. He was concerned about detrimental impacts to the environment, and suggested that the County purchase the subject parcel and join it with the other conservation lands, or try to acquire the Florida Medical Entomology Laboratory's boathouse and lease it to the PIAS. He was also N oncerned that PIAS might decide to sell the property to a developer. parcel. There being no additional speakers, the Chairman closed the Public Hearing. Commissioner Flescher wanted to know if use restrictions could be put on the subject County Attorney Alan Polackwich, Sr. revealed that unless the parcel was rezoned, the zoning would remain intact. Commissioner Davis opposed PIAS's initiative, because he did not think the proposed facility was compatible with the surrounding conservation propert ies. Commissioner Solari saw no reason to disapprove the special exception use approval supported the right of the property owners to sell, and viewed the PIA S's project as having a very light footprint. July 10, 2012 MOTION WAS MADE by Commissioner Solari, SECONDED by Chairman Wheeler, to approve staff's recommendation. Chairman Wheeler expressed his support for the Motion. He endorsed the work of the PIAS and its volunteers, and believed the facility would be an asset to the community. Vice Chairman O'Bryan stated that because a lot of the tree gation is going to be offsite, the existing ecosystem of the property will be impacted. He spoke to the uniqueness of the habitat and indicated he would support the Motion if the project is minimized to alleviate impacts to the specimen hardwoods. Commissioner Flescher declared that the PIAS stands for conservation, and they would be good stewards of the lan d. Commissioner Davis stated that he shared Vice' Chairman O Bryan s concerns. He also inquired about paving requirements. Director Boling revealed that the project meets the County's paving requirements. Commissioner Solari agreed with Commissioner Flescher that the PIAS will do the right thing, and be great stewards of the propert y. Commissioner Davis preferred to see the PIAS conduct its activities at the University of Florida's boathouse, and to have the County purchase the property and put it into conservation. The Chairman CALLED THE QUESTION, and by a 3-2 vote (Commissioners Davis and O'Bryan opposed), the Motion carried. The Board of County Commissioners: July 10, 2012 9 z�aa9s�� e July 10, 2012 FOUND that in conjunction with the recommended conditions: 1. The Board is empowered under the provisions of Chapter 971 to review the special exception applied for; 2. The granting of the special exception will not adversely affect the public interest; 3. The application satisfies the general and specific criteria required for special exception approval; and 4. The conditions stated below are adequate to ensure compatibility between the special exception use and surrounding land uses; AND GRANTED special exception use approval for the Pelican Island Audubon Community Center facility with the following conditions: 1. Prior to the issuance of a land clearing and tree removal permit, the applicant shall provide a final tree mitigation plan acceptable to Environmental Planning staff, 2. Prior to issuance of a certificate of occupan cy (C.O.), the applicant shall: a. Construct a Type "B" buffer as depicted on the project site plan ; b. Construct or bond -out for construction of the required sidewalk along the project's Oslo Road frontage, as depicted on the project site plan; c. Plant all on-site and off-site mitigation trees as indicated on the approved tree mitigation final plan, all as stated and recommended in the memorandum of June 4, 2012. DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 10 !fit 142 PG 676 10.B. PUBLICDISCUSSIONITEMS IO.B.1. REQUEST TO SPEAK FROMEUGENE J. O'NEILL. ESO. FOR .%EFF & SUSAN WILBER REGARDINGAMENDING OFZONING ORDINANCE 917.04(2) Eugene J. O'Neill, Esquire, 979 Beachland Blvd., Gould Cooksey Fennell, PA, reported that his clients, Jeff &Susan Wilber, were cited for a code violation of Chapter 917.04(2) for using their garage (an accessory structure) to store personal/recreational items, even though there is no principal structure being utilized on the property. The principal structure associated with the property was destroyed by Hurricane Jeanne. Attorney O'Neill requested that the Board allow for the use of an accessory structure when the principal dwelling has been destroyed in a natural disaster, by amending Chapter 917 of the Land Development Regulations, Section 917.04(2), "No accessory structure shall be occupied or utilized unless theprincipal structure to which it is accessory is occupied or utilized." Director Keating explained that the code applies to structures such as garages, swimming pools, and boat docks, which must be used in support of the principal use/dwelling. He explained that since the Wilbers' principal residence no longer exists, staff made an interpretation that their garage may be used to store only equipment, such as a lawn tractor, related to (accessory to) maintenance of the property. Commissioner Davis sought and received confirmation from Director Keating that the code violation will be resolved if the Wilbers remove their personal/recreational items from the garage. He also remarked that he would like the code changed to accommodate individuals in catastrophic situations. Chairman Wheeler believed that the intent of the ordinance was to prevent an accessory structure, such as a swimming pool or boat dock, from being built prior to a residence. He agreed with Commissioner Davis that there are situations in which exceptions need to be made. 8ca aq So )M July 10, 2012 11 Director Keating affirmed that Chapter 971, Section 917.04(2) could be amended to state that when a natural disaster has caused the demolition of a principal structure, an accessory structure can still be utilized. MOTION WAS MADE by Commissioner Davis, SECONDED by Commissioner Flescher, to: (1) have Code Enforcement retreat from the Wilber case; and (2) direct staff to draft and return to the Board with an amendment stating that when a natural disaster has caused the demolition of a principal structure, an accessory structure can still be utilized, to the Land Development Regulations, Chapter 917, Accessory Uses and Structures, Section 917.04(2) Use Limitations. Vice Chairman O'Bryan noted that the Wilbers' garage is a valuable structure and well maintained, but he felt a safeguard should be included in the proposed amendment to prevent an unsightly or poorly maintained structure from being permanently kept on a vacant lot. Attorney Polackwich advised that the ordinance amendment can be structured to allow for discretion to be applied in specific instan ces. Director Keating acknowledged that staff would structure the ordinance amendment according to the Board's wishes. Hca �q sir � July 10, 2012 The Chairman CALLED THE QUESTION, and the Motion carried unanimously. The Board approved to have Code Enforcement retreat from the Wilber case; and (2) directed staff to draft and return to the Board with an amendment stating that when a natural disaster has caused the demolition of a principal structure, an 12 accessory structure can still be uzed, to the Land Development Regulations, Chapter 917, Accessory Uses and Structures, Section 917.04(2) Use Limitations. Attorney O'Neill asked if something can be done about the $100 per day fine that the Code Enforcement Board imposed on the Wilbers until their case has been resolved. Director Keating stated that the Code Enforcement Board will give the Wilbers an extension until the Board acts on the proposed ordinance at a future County Commission meeting. I D.B.Z. REQUEST TD SPEAK FROM JDE WIGGINS REGARDING SIDEWALK ON 11 ry STREET. S.W. AND REMOyAL OF STOP SIGN ON II TH STREETS, Joe Wiggins, 895 11�' Street SW, complained that a stop sign which has been placed on l lcn Street SW to slow down the traffic is ineffective, an d has almost caused several accidents. He wanted the stop sign removed. Director of Public Works Christopher Mora stated that an "all -way" stop sign was installed mid -block about 1 1/2 years ago in response to complaints about people speeding on l lcn Street SW. He justified the location of the sign, and countered that staff was not aware of any congestion or safety problems. Mr. Wiggins responded that the stop sign was not deterring speeders. 13 Vice Chairman O'Bryan suggested installing some speed humps as a traffic calming measure. Chairman Wheeler questioned the wisdom of removing the stop sign, which he believed effectively deters at least some speeders. He acknowledged that putting in speed humps may be a solution, but wished to get input from neighborhood residents before taking that measure. Director Mora interjected that there is a requirement to get approval from two-thirds of the residents on the street prior to installing speed humps. Further discussion ensued about the possibility of constructing a sidewalk on 11th Street SW, with Mr. Wiggins relating an incident where a child had fallen from his bicycle into the street. Director Mora related that in order to construct the sidewalk, the County would need the homeowners to donate 10 feet of right-of--way. Mr. Wiggins reiterated his concern that this situation poses a danger to the neighborhood children, as well as other pedestrians. No Board Action Was Required or Taken IO.C. PUBLICNOTICEITEMS 10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JULY 179 2012' REQUEST FOR APPROVAL OF THE NEIGHBORHOOD STABILIZATION PROGRAM 3 (NSP3) COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG) REVISED ABBREVIATED ACTION PLAN (LEGISLATIVE) The County Attorney read the notice into the record. eJril�l d;' �0 T2 0 14 142 PG 680 11. COUNTY ADMINISTRATOR_ MATTERS - N 12. DEPARTMENTAL MATTERS I2.A. COMMUNITYDEVELOPMENT -NONE 12.8. EMERGENCYSERVICES -NONE I Z. C. GENERAL SERVICES -NONE 12.D. HUMANRESOURCES -NONE 12.E. HUMAN SER VICES -NONE IZ.F. LEISURE SERVICES -NONE I2. G. OFFICE OF MANAGEMENT AND B UDGET -NONE I2.H. RECREATION -NONE 12.I. PUBLIC WORKS -NONE 12..1 UTILITIES SERVICES 2J]. APPROVAL OF ii/n n u n n n r n 7�T�7 AMENDMENT NO. I TO WORK ORDER NO. I WITH ATKINS, INC: FOR ENGINEERING SERVICES TO DESIGN THE WEST REGIONAL WASTEWATER TREATMENT FACILITY ODOR IMPROVEMENTS ON MOTION by Commissioner Flescher, SECONDED bU7 Commissioner Solari, the Board unanimously: (1) approved Amendment No. 1 to Work Order No. 1 with llls my 1 , 2012 15 Atkins North America, Inc. (ANA), in the amount of $8,600.00; (2) found that the project is needed to accommodate new growth in the County; (3) found that new growth will proportionately benefit from the project; and (4) authorized the Chairman to execute same, as presented and recommended in the memorandum of June 28, 2012. WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 12..1.2. FINAL PAY OFAMENDMENT #I TO GEOSYNTEC FOR GROUND WATER ASSESSMENT AND MONITORING PROPOSAL FOR OLD SAVANNAH LIFT STATION ON MOTION by Commissioner Flescher, SECONDED by Commissioner Solari,. the Board authorized Final Pay to Geosyntec for Groundwater Assessment and Monitoring in the amount of $3,023.63, as recommended in the memorandum of June 12, 2012. 13. COUNTY ATTORNEY MATTERS -NONE 14. COMMISSIONER ITEMS 14.A. COMMISSIONER GARY C. WHEELER. CHAIRMAN -NONE 14.8. COMMISSIONER PETER D. O'BRYAN. VICE CHAIRMAN -NONE 14. C. COMMISSIONER WESLEY S. DAVIS -NONE 14.D. COMMISSIONER JOSEPH E. FLESCHER -NONE oli M 16 14.E. COMMISSIONER BOB SOLARI - NONE 15. SPECIAL DISTRICTS AND BOARDS I S.A. EMERGENCYSERVICESDISTRKT -NONE 1 S.B. SOLID WASTE DISPOSAL DISTRICT -NONE I S.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 MIN UTES 16. ADJOURNMENT There being no further business, the Chairman declared the Board of County Commission meeting adjourned at 10:33 a.m. July 1 , 2012 17 ATTEST: Jef ey Sr�ith�/ Gary C. wheeler, Chairman Cl of Circuit Court & Comptroller Minutes Approved: SEP 1 � Z��Z BCC/MG/2012 Minutes C82 aq sot x 5 14 V6.04 July 10, 2012 18 r,