HomeMy WebLinkAbout11/17/2009 (3)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 17, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN 2
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN 3
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 3
Addition: Item 5.C. Commissioner O'Bryan's Request to Present a Certificate of
Appreciation to the Indian River County Recreation Department for
Hosting the State of Florida Special Olympics State Aquatics
Championship 4
Addition: Item 8.M. Commissioner Davis's Request to Extend a Letter of Support
for the Cultural Council of Indian River County (CCIRC) to the Grant
Review Panel/Division of Cultural Affairs/Florida Depaitment of State 4
5. PROCLAMATIONS AND PRESENTATIONS 4
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November 17, 2009
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 22 — 28, 2009 AS
CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY 4
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF NOVEMBER,
2009, AS NATIONAL ADOPTION AWARENESS MONTH 4
5.C. ADDITION' 5
PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE INDIAN RIVER
COUNTY RECREATION DEPARTMENT FOR HOSTING THE STATE OF FLORIDA
SPECIAL OLYMPICS STATE AQUATICS CHAMPIONSHIP 5
6. APPROVAL OF MINUTES 5
6.A. REGULAR MEETING OF SEPTEMBER 22, 2009 5
6.B. REGULAR MEETING OF OCTOBER 6, 2009 6
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 30, 2009 TO NOVEMBER 5,
2009 6
8.B. ANNUAL SIGNATORIES RESOLUTION 7
8.C. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM 7
8.D. 43RD AVENUE, 12TH STREET TO 18TH STREET ROAD IMPROVEMENTS TEMPORARY
CONSTRUCTION EASEMENT ACQUISITION 1586 43RD AVENUE KEVIN IRBY 8
8.E. IRCBCC SUBROGATION CLAIM / REIMBURSEMENT DUE TO IRCBCC 8
8.F. MARK'S MOBILE UNDER GROUND FUEL TANKS GEOSYNTEC CONSULTANTS
WORK ORDER #22 9
8.G. WORK ORDER NO. 12 (ENGINEERING/SURVEYING), MASTELLER, MOLER, REED
AND TAYLOR, INC. - FULL AND FINAL PAY, 66TH AVENUE ROADWAY
IMPROVEMENTS ROW ACQUISITIONS, 53RD STREET BOUNDARY SURVEY LEWIS
PARCEL NO. 168 9
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November 17, 2009
8.H. RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT 2009-
2010 10
8.I. PROVIDING GEOTECHNICAL SERVICES FOR OSLO ROAD IMPROVEMENTS EAST
OF US HWY 1, UNIVERSAL ENGINEERING SCIENCES, INC. WORK ORDER NO. 2,
IRC PROJECT #0381 11
8.J. APPROVAL OF RENEWAL OF THE 800 MHZ COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC. 11
8.K. IRC SHERIFF'S ADMINISTRATION UNDERGROUND FUEL TANKS GEOSYNTEC
CONSULTANTS WORK ORDER #21 INCREASE BUDGET AMOUNT 12
8.L. 12TH STREET SIDEWALK PROJECT (FROM 43RD AVE TO 27 I H AVE) PROJECT
#0604, BID NUMBER 2008080 — SHELTRA & SON CONSTRUCTION CO., INC.
PAYMENT APPLICATION NO. 4 AND REDUCTION OF RETAINAGE 12
8.M. ADDITION: REQUEST TO EXTEND A LETTER OF SUPPORT FOR THE CULTURAL
COUNCIL OF INDIAN RIVER COUNTY (CCIRC) TO THE GRANT REVIEW
PANEL/DIVISION OF CULTURAL AFFAIRS/FLORIDA DEPARTMENT OF STATE 13
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 13
10. PUBLIC ITEMS 13
10.A. PUBLIC HEARING 13
10.A.1. SR 60 VERO LLC. REQUEST TO REZONE 19.98 ACRES FROM RM -6 TO RM -8
(QUASI-JUDICIAL) 13
10.A.2. ORDINANCE REQUIRING REGISTERED SEX OFFENDERS TO NOTIFY TO
OPERATORS OF TEMPORARY EMERGENCY SHELTERS (LEGISLATIVE) 15
10.B. PUBLIC DISCUSSION ITEMS 17
10.B.1. REQUEST TO SPEAK FROM GORDON MICHAEL REGARDING DEDICATION OF
PORTION OF SR60 TO CORPORAL RICHARD RACZKOSKT 17
10.C. PUBLIC NOTICE ITEMS 18
11. COUNTY ADMINISTRATOR MATTERS -NONE 19
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November 17, 2009
12. DEPARTMENTAL MATTERS 19
12.A. COMMUNITY DEVELOPMENT -NONE 19
12.B. EMERGENCY SERVICES -NONE 19
12.C. GENERAL SERVICES -NONE 20
12.D. HUMAN RESOURCES -NONE 20
12.E. HUMAN SERVICES -NONE 20
12.F. LEISURE SERVICES -NONE 20
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 20
12.1. RECREATION -NONE 20
12.I. PUBLIC WORKS 20
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 20
12.J. UTILITIES SERVICES 21
12.J.1 ELECTRIC RESOLUTION AND SCOPE OF AUTHORITY OF UTILITY ADVISORY
COMMITTEE 21
12.J.2. REQUEST FOR QUALIFICATIONS (RFQ) FOR A CONSULTANT ON THE
CONSOLIDATION OF UTILITIES 22
13. COUNTY ATTORNEY MATTERS 23
13.A. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED AT
6816 49TH STREET, LINDA BRITCHER, PARCEL 142 23
14. COMMISSIONER ITEMS 24
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN -NONE 24
14.B. COMMISSIONER WESLEY S. DAVIS-NONE 24
14.C. COMMISSIONER GARY C. WHEELER -NONE 24
14.D. COMMISIONER PETER D. O'BRYAN-NONE 24
14.E. COMMISSIONER BOB SOLARI 24
14.E.1. ECONOMIC DEVELOPMENT AND STRATEGIC GOALS SUMMIT II 24
14.E.2. RECOMMENDED ELECTRIC RESOLUTION 25
15. SPECIAL DISTRICTS AND BOARDS 26
15.A. EMERGENCY SERVICES DISTRICT -NONE 26
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 26
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November 17, 2009
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 26
16. ADJOURNMENT 27
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November 17, 2009
JEFFREY K. BARTON
Clerk to the Board
November 17, 2009
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, November 17, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph
E. Flescher, Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and Deputy
Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Dawn Reichard, Christ by the Sea United Methodist Church, delivered the
Invocation.
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November 17, 2009
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
ELECTION OF BOARD OF COUNTY COMMISSION CHAIRMAN
Commissioner Davis invited County Attorney William Collins to conduct the election of
Chairman of the Board of County Commissioners.
Attorney Collins opened the floor to nominations for Chairman.
Commissioner Wheeler nominated Commissioner Peter D. O'Bryan for Chairman.
Commissioner Davis nominated Commissioner Joseph E. Flescher for Chairman.
There were no other nominations, and Attorney Collins called for a vote on each
nomination, respectively.
The Board, by a 3-2 vote (with Commissioners O'Bryan,
Solari, and Wheeler assenting), elected Commissioner
Peter D. O'Bryan as Chairman of the Board of County
Commissioners for the year 2010.
Attorney Collins passed the gavel to the new Chairman, Peter D. O'Bryan, to conduct the
nominations for Vice Chairman.
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November 17, 2009
ELECTION OF BOARD OF COUNTY COMMISSION VICE CHAIRMAN
Chairman O'Bryan opened the floor to nominations for Vice Chairman of the Board of
County Commissioners.
Commissioner Wheeler nominated Commissioner Bob Solari for Vice Chairman.
Commissioner Davis nominated Commissioner Joseph E. Flescher for Vice Chairman.
There were no other nominations, and Chairman O'Bryan called for a vote on each
nomination, respectively.
The Board, by a 3-2 vote (with Commissioners O'Bryan,
Solari, and Wheeler assenting), elected Commissioner
Bob Solari as Vice Chairman of the Board of County
Commissioners for the year 2010.
Chairman O'Bryan thanked outgoing Chairman Davis for his excellent leadership and
statesmanship in conducting meetings over the past year, and Commissioner Wheeler expressed
agreement with Commissioner O'Bryan's tribute.
Chairman O'Bryan announced that he would continue following the established policy of
allowing the public to speak without a time limit, as long as the speakers remain on point.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
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November 17, 2009
ADDITION: ITEM 5. C. COMMISSIONER 0 'BRYAN'S REQUEST TO PRESENT A CERTIFICATE
OF APPRECIATION TO THE INDIAN RIVER COUNTY RECREATION DEPARTMENT FOR
HOSTING THE STATE OF FLORIDA SPECIAL OLYMPICS STATE AQUATICS CHAMPIONSHIP
ADDITION.' ITEM 8.M COMMISSIONER DAVIS'S REQUEST TO EXTEND A LETTER OF
SUPPORT FOR THE CULTURAL COUNCIL OF INDIAN RIVER COUNTY (CCIRC) TO THE
GRANT REVIEW PANEL/DIVISION OF CULTURAL AFFAIRS/FLORIDA DEPARTMENT OF
STATE
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 22 - 28,
2009 AS CHRISTIAN HERITAGE WEEK IN INDIAN RIVER COUNTY
Commissioner Davis read and presented the Proclamation to Dr. Craig McGarvey, who
accepted on behalf of the American Family Association of Indian River County.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
NOVEMBER, 2009, AS NATIONAL ADOPTION AWARENESS MONTH
Commissioner Wheeler read and presented the Proclamation to Tim Zorc, representing
Christian Family Builders, who accepted on behalf of the many children in need of families. Mr.
Zorc introduced his young companion, Chandler (no surname provided), and reported that more
information on adoption is available at the website, christianfamilybuilders.com, or at 772-643-
5700.
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November 17, 2009
5.C. ADDITION:
PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE INDIAN
RIVER COUNTY RECREATION DEPARTMENT FOR HOSTING THE STATE OF
FLORIDA SPECIAL OLYMPICS STATE AQUATICS CHAMPIONSHIP
Chairman O'Bryan read and presented the Certificate of Appreciation to Recreation
Director Clifford Crawford, Assistant Director Mike Redstone, Staff Assistant III Jill Krebs,
Staff Assistant I Amy Glaser, Recreational Coordinator Scott Seeley, and North Aquatic Center
Facility Manager David Smith. Director Crawford noted that other key staff members involved
in this event (such as Aquatics Supervisor Fawna Hattrup), were unable to be present today. Mr.
Crawford thanked all the volunteers who assisted in the event, and stated he hoped to make this
event a long-term tradition in our community for those athletes with special needs. He thereafter
presented a video highlighting this year's Special Olympics State Swim Meet at the North
County Aquatic Center.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 22, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of September 22, 2009. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Minutes of the Regular Meeting of
September 22, 2009, as written.
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November 17, 2009
6.B. REGULAR MEETING OF OCTOBER 6, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 6, 2009. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
approved the Minutes of the Regular Meeting of October
6, 2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
Commissioner Davis pulled for discussion, Item 8.H. Renewal of Professional
Geotechnical Services Agreement 2009-2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 30, 2009 TO NOVEMBER
5.2009
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
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November 17, 2009
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of October 30, 2009 to
November 5, 2009, as recommended in the memorandum
of November 5, 2009.
8.B. ANNUAL SIGNATORIES RESOLUTION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2009-171, directing depositories of County
funds to honor certain authorized signatures on County
checks, warrants, and other orders for payment; providing
for Board of County Commissioners and Clerk of the
Circuit Court signatories; rescinding Resolution No. 2008-
173; delegating authority to the County Administrator to
declare states of local emergencies and to act in a State of
Florida declared emergency affecting Indian River
County; and providing an effective date.
8.C. REQUEST TO APPROVE A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO THE
COUNTY ENVIRONMENTAL LANDS PROGRAM
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the "Second (2nd)
Amendment of Agreement for Professional Services
between Indian River County and The Conservation Fund
Charitable Trust" (TCF Charitable Trust), as
recommended in the memorandum of November 5, 2009.
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November 17, 2009
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. 43RD AVENUE, 12TH STREET TO 18TH STREET ROAD IMPROVEMENTS
TEMPORARY CONSTRUCTION EASEMENT ACQUISITION 1586 43RD AVENUE
KEVIN IRBY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Alternative No. 1, the $1,518 payment for the use of the
"Temporary Construction Easement", and authorized the
Chairman to execute the Agreement with Kevin Irby, as
recommended in the memorandum of November 3, 2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S.E. IR CB CC SUBROGATION CLAIM/REIMBURSEMENT DUE TO IRCBCC
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the Continental
Casualty North America (CNA) Property Damage Release
Form (associated with emergency fiber repair at College
Lane), and return to Risk Management for final collection,
as recommended in the memorandum of November 9,
2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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November 17, 2009
8.F. MARK'S MOBILE UNDER GROUND FUEL TANKS GEOSYNTEC
CONSULTANTS WORK ORDER #22
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Order No. 22 with GeoSyntec Consultants, Inc., in
the amount not to exceed $20,753 with a 20% contingency
for unanticipated work that may be required during the
closure activities, and authorized the Chairman to execute
the Work Order after it is executed by GeoSyntec
Consultants, Inc. Any use of contingency will be
authorized by staff and reported to the Board as an
informational item as soon after as practical, all as stated
and recommended in the memorandum of November 9,
2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. WORK ORDER No. 12 (ENGINEERING/SURVEYING), MASTELLER, MOLER,
REED AND TAYLOR, INC. — FULL AND FINAL PAY, 66TH AVENUE ROADWAY
IMPROVEMENTS ROW ACQUISITIONS, 53RD STREET BOUNDARY SURVEY
LEWIS PARCEL No. 168
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of Masteller, Moler, Reed and Taylor, Inc.
Invoice No. 2982-8586, dated October 30, 2009 in the
amount of $3,215.00 (for 66th Avenue Roadway
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November 17, 2009
Improvements), as recommended in the memorandum of
November 5, 2009.
8.H. RENEWAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT
2009-2010
Commissioner Davis invited Julie Keller, representing KSM Engineering and Testing,
Inc., to address the Board.
Ms. Keller told the Board that her company had last year missed the opportunity to bid
on the contract which had been put out for geotechnical services for the County. She conveyed
that KSM was the only local geotechnical engineering firm employing local residents, and asked
the Board for the opportunity to see if KSM could participate in an agreement to provide services
to the County.
Administrator Baird suggested the Board affix a 90 -day extension onto the current
Professional Geotechnical Services Agreements. This would allow the County to retain
geotechnical services on contract during the 90 day period, while the local firm is given a chance
to submit their qualifications.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to authorize a
90 -day extension to the Professional Geotechnical
Services Agreement 2009-2010 with: (1) Ardaman &
Associates, Inc., Port. St. Lucie, Florida; (2) Dunkelberger
Engineering & Testing, Inc., Port St. Lucie, Florida; (3)
AM Engineering and Testing, Inc., Port. St. Lucie,
Florida; and (4) Universal Engineering Services, Inc.,
Rockledge, Florida; and to simultaneously open up a
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November 17, 2009
Request for Qualifications (RFQ) for geotechnical
services.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. PROVIDING GEOTECHNICAL SERVICES FOR OSLO ROAD IMPROVEMENTS
EAST OF US HWY 1, UNIVERSAL ENGINEERING SCIENCES, INC. WORK
ORDER No. 2, IRC PROJECT #0381
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Work Order No. 2 (Engineering) with Universal
Engineering Sciences, Inc., authorizing IRC Project No.
0381 (Oslo Road Paving/Parking Lot) as outlined in the
Scope of Services, and authorized the Chairman to execute
same, for a not -to -exceed fee of $4,164.00, as
recommended in the memorandum of November 4, 2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. J. A PPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the renewal of the Contract with Communications
International, Inc., with funding provided from the
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November 17, 2009
Communications/Emergency Services budget, as
recommended in the memorandum of October 27, 2009.
8.K. IRC SHERIFF'S ADMINISTRATION UNDERGROUND FUEL TANKS
GEOSYNTEC CONSULTANTS WORK ORDER #21 INCREASE BUDGET
AMOUNT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
an increase in the amount of Work Order No. 21 with
GeoSyntec Consultants, Inc., from $60,067.00 to
$64,248.48 to include the additional concrete work
authorized by staff (for underground fuel tank removal -
Sheriff's Administration), as recommended in the
memorandum of November 5, 2009.
8.L. 12TH STREET SIDEWALK PROJECT (FROM 43RD AVE TO 27THAVE)PROJECT
#0604, BID NUMBER 2008080 - SHELTRA & SON CONSTRUCTION CO.,
INC. PAYMENT APPLICATION No. 4 AND REDUCTION OF RETAINAGE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Payment No. 4, modifying the Agreement between Sheltra
& Son Construction Co., Inc. and Indian River County to
allow the reduction of the retainage from 5% to 2.5% and
to allow the contract to remain open until a change order
for the additional sidewalk west of 43rd Avenue can be
made, as recommended in the memorandum of November
6, 2009.
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November 17, 2009
8.M. ADDITION: REQUEST TO EXTEND A LETTER OF SUPPORT FOR THE
CULTURAL COUNCIL OF INDIAN RIVER COUNTY (CCIRC) TO THE GRANT
REVIEW PANEL/DIVISION OF CULTURAL AFFAIRS/FLORIDA
DEPARTMENT OF STATE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
extending to the Florida Department of State Grant
Review Panel, a letter supporting the request of the
Cultural Council of Indian River County (CCIRC) for seed
funding to hire a qualified consultant in developing a
comprehensive community cultural plan for Indian River
County, as requested in the letter of November 17, 2009.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. SR 60 VERO LLC. REQUEST TO REZONE 19.98 ACRES FROM RM -6 TO
RM -8 (QUAsI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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November 17, 2009
Community Development Director Bob Keating, through a PowerPoint presentation and
recap of the background memorandum of November 4, 2009, provided description, conditions,
and analysis of SR 60 Vero L.L.C.'s request to rezone 19.98 acres located south of State Road 60
and approximately 1,350 feet west of 58th Avenue, from RM -6, Multiple -Family Residential (up
to 6 units/acre) to RM -8, Multiple -Family Residential (up to 8 units/acre). He said that it makes
sense to put a residential project in this area, where residents can walk to shopping, employment,
and Indian River State College. Director Keating thereafter conveyed the recommendations of
both the Planning and Zoning Commission and staff for Board approval of the rezoning request.
Director Keating responded to Commissioner Davis's questions about the possibility of
mixed use zoning in the subject area.
The Chairman opened the Public Hearing.
Caroline Corum (no address provided) opposed the rezoning, believing that building
more residential units would be detrimental to the County's economy. She did not understand
why developers were coming into the County when there were so many unsellable vacant homes.
Joseph Paladin, President Black Swan Consulting, supported the rezoning. He felt that
the subject property, surrounded by a lot of commercial development, was a great place for
increased density, and thought that the County should build -out inside the urban service line to
the maximum capacity permitted (without giving up buffers and setbacks), in order to preserve
the agricultural land and protect the Urban Service Line.
Bruce Barkett, representing SR 60 Vero LLC. advised Mrs. Corum that the property
owner was not a new developer; they have had the subject property for ten years. He also noted
that the rezoning would serve as a precursor for the mixed use zoning district on which County
staff is working.
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November 17, 2009
There being no further speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to approve SR60
Vero LLC's rezoning request.
Commissioner Wheeler affirmed that this was an excellent location in which to have
some multi -family units and student rentals, and a good location for people who do not have
cars, or who prefer to walk to and from the nearby commercial areas.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. the Board adopted
Ordinance 2009-022, amending the Zoning Ordinance
and the accompanying zoning map for ± 19.98 acres
located south of S.R. 60 and approximately 1350 feet west
of 58th Avenue from RM -6, Multi -Family Residential
District (up to 6 units/acre) to RM -8, Multi -Family
Residential District (up to 8 units/acre); and providing
codification, severability, and effective date.
10.A.2. ORDINANCE REQUIRING REGISTERED SEX OFFENDERS TO NOTIFY TO
OPERATORS OF TEMPORARY EMERGENCY SHELTERS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
James Harpring, Esquire, Counsel for the Indian River County Sheriff's Office,
explained that the purpose of the proposed Amendment to County Code Section 306.06 is to
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November 17, 2009
require convicted sex offenders who need to utilize a temporary shelter, to notify emergency
shelter operators of their status.
Chairman O'Bryan questioned the protocol for handling the sex offenders at the shelters,
and whether shelter staff would be receiving training.
Attorney Harpring divulged that there would be a law enforcement officer at each
shelter, and that all parties at the shelter would be made aware that there was a sex offender on
site. He said the proposed Ordinance would provide the Sheriff's Office with a tool to identify
the offender, where historically there was no legislative mandate requiring those individuals to
reveal their identity.
Discussion ensued as Commissioners and Attorney Harpring discussed the differences
between sex offenders and sex predators, and the impracticality of utilizing the available limited
resources to designate a specific shelter for the offenders.
Responding to questions regarding the consequences of the offenders not registering at
the shelters, Attorney Harpring advised that if the offenders fail to comply with the proposed
Ordinance, it is a criminal violation.
The Chairman opened the Public Hearing.
There being no speakers, the Chairman closed the Public Hearing
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously adopted
Ordinance 2009-023, amending Indian River County
Code Section 306.06, requiring registered sex offenders to
identify themselves as registered sex offenders upon entry
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November 17, 2009
into an emergency shelter; providing for codification;
providing for severability; and providing effective date.
1 0.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM GORDON MICHAEL REGARDING
DEDICATION OF PORTION OF SR60 TO CORPORAL RICHARD RACZKOSKI
Gordon Michael, 2655 69th Street, provided a handout (copy on file) to the
Commissioners and the Clerk, containing a brief biography and description of the incident which
led to the death of Corporal Richard Rudy Raczkoski, who is the only Law Enforcement Officer
to be killed in the line of duty in this County. Mr. Michael brought before the Board his quest to
see the portion of SR60 between 43rd Avenue and Interstate 95 renamed the Richard Raczkoski
Memorial Highway, and revealed that Representative Ralph Poppell had advised him to begin
this initiative at the local level. Mr. Michael informed Commissioners that attached to the
handout were letters of support for the renaming from State Attorney Bruce H. Colton, and
former Sheriff, Roy H. Raymond.
Commissioner Wheeler, who had known Corporal Raczkoski, affirmed his support for
doing whatever action would be required to memorialize this section of highway on his behalf.
Commissioner Davis agreed with Commissioner Wheeler.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to direct staff to
draft a Resolution requesting support of the Indian River
County Local Legislative Delegation in naming SR 60
between 43rd Ave and Interstate 95, the Richard
Raczkoski Memorial Highway, and to bring it before the
Board for a vote on December 1, 2009.
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November 17, 2009
Commissioner Wheeler stated that with SR 60 being under construction, it would be
advantageous to have the renaming done during the current Legislative Session.
Mr. Michael concurred, and advised Commissioners that should this item receive Board
approval, Representative Poppell would take it to the Legislature.
Chairman O'Bryan observed that subsequent to the Board's vote at the December 1, 2009
meeting, the Resolution could be presented at the State Legislative Session scheduled for
December 4, 2009.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed staff to
draft a Resolution requesting support of the Indian River
County Local Legislative Delegation in naming SR 60
between 43rd Ave and Interstate 95, the Richard
Raczkoski Memorial Highway, and to bring it before the
Board for a vote on December 1, 2009.
10.C. PUBLIC NOTICE ITEMS
10. C. 1. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 1, 2009:
SHELL LANE EAST A PORTION OF SUMMERPLACE, PETITION SEWER
SERVICE, INDIAN RIVER COUNTY PROJECT No. UCP -4039
(ADMINISTRATIVE)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 1, 2009:
PROPOSED ORDINANCE TO CREATE A NEW GIFFORD COMMUNITY
CENTER MSTU (LEGISLATIVE)
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November 17, 2009
County Attorney William Collins II read the notices into the record.
Vice Chairman Solari wanted to defer the public hearing to allow enough time to ensure
that leaders of the appropriate organizations, such as the Gifford Youth Activity Center, PACE,
the NAACP, the Front Porch Association, and the Pastor's Association, are notified of the
proposed Ordinance. He added that additional time would then be required for those individuals
to notify the community residents
who would be affected by the increase in their taxes.
Discussion ensued as Commissioners and staff considered the most advantageous and
timely methods for noticing the various groups. Commissioners also wanted to lay the
groundwork for timely dissemination of this type of notice in the future.
Attorney Collins advised Commissioners to proceed with the Public Hearing already
scheduled for December 1, 2009, at which time the item could be deferred no later than
December 15, 2009, in order to comply with the requirements to get the information to the
property appraiser and tax collector before the end of the year.
To ensure that community residents are adequately noticed of this matter, the
Commissioners directed staff to provide notice of the upcoming hearing to any groups who are
involved in the Gifford Community
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12. B. EMERGENCY SERVICES -NONE
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November 17, 2009
12. C. GENERAL SERVICES -NONE
I Z.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
1 2. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS
12.11. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Coastal Resource Manager Jonathan Gorham reported that the Florida Department of
Environmental Protection (FDEP) had requested some revisions to the County's permit
modification for the upland sand, which included replacing the material from Ft. Pierce -based
Stewart Mining Industries, Inc. with material from Ranch Road Lake and Fischer & Sons. Dr.
Gorham advised that the modifications would be submitted to the State by Wednesday,
November 18, 2009. On that same date, staff would also be submitting to the FDEP and to the
U.S. Fish and Wildlife Service, a revised plan to build the Sector 3 Project in two phases, so an
evaluation can be made of the upland sand material with respect to sea turtle nesting (as directed
by the Board at the November 10, 2009 meeting). Concluding his update, Dr. Gorham
announced that on December 14, 2009, the FDEP would be holding a workshop and public
hearing for the establishment of the Erosion Control Line.
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November 17, 2009
Chairman O'Bryan acknowledged Nick Stewart of Stewart Mining Industries, Inc. for the
professional manner in which he handled the disqualification of his sand source.
No Board Action Required or Taken
12.J. UTILITIES SERVICES
12..11. ELECTRIC RESOLUTION AND SCOPE OF AUTHORITY OF UTILITY
ADVISORY COMMITTEE
Director of Utilities Erik Olson gave a brief history of the current mission of the Utility
Advisory Committee, which was created to consider matters relating to water, sewer, and the
landfill, and present recommendations to the County Commission. In view of the recent issues
with the City of Vero Beach Electric Franchise Agreement, which is coming up for closure in
2017, Dr. Steven Faherty has requested that the Board add to the powers and duties outlined in
Resolution 2009-134 (governing the Committee), the additional duty of considering electric
franchise matters.
Discussion ensued among Commissioners and staff regarding what to include in the
scope of the additional duties being considered for the Committee.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Solari, to direct the
County Attorney to assign additional powers and duties to
the Indian River County Utility Advisory Committee,
specifically including Solid Waste Disposal and Electric
Franchise matters.
Commissioners and staff held further discussion on what wording should be put into the
updated Resolution, which will hereafter govern the Utility Advisory Committee, after which the
following action was taken:
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November 17, 2009
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed the
County Attorney to amend Resolution 2003-134,
Restructuring the Indian River County Utility Advisory
Committee, to assign additional powers and duties to the
Indian River County Utility Advisory Committee,
specifically including Solid Waste Disposal and Electric
Franchise matters.
12.J.2. REQUEST FOR QUALIFICATIONS (RFQ) FOR A CONSULTANT ON THE
CONSOLIDATION OF UTILITIES
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, the Board
unanimously approved for the Consultant's Competitive
Negotiation Act (CCNA) Committee to send out the
Request for Qualifications (RFQ) to obtain an independent
consultant to investigate the consolidation of countywide
water and sewer services.
Commissioner O'Bryan wanted to be sure to include in the Request for Qualifications a
short timeline of perhaps two to three months, for conclusion of the study.
Director Olson divulged that final proposals must be received from the consultants by
December 31, 2009, and that staff was hoping to return with some type of recommendation to the
Board in the spring.
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November 17, 2009
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved for the
Consultant's Competitive Negotiation Act (CCNA)
Committee to send out the Request for Qualifications
(RFQ) to obtain an independent consultant to investigate
the consolidation, cooperation or partnership of water,
wastewater and reuse services, as requested in the
memorandum of November 9, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. NECESSITY OF TAKE RESOLUTION FOR PARCEL OF PROPERTY LOCATED
AT 6816 49TH STREET, LINDA BRITCHER, PARCEL 142
County Attorney William Collins provided background data on staff's request for Board
authorization to proceed with a Necessity of Take Resolution to acquire a ± 0.227 acre strip of
right-of-way on a 5 -acre parcel (located at 6816 49th Street and owned by Linda Britcher) for
road improvements on 66th Avenue. He informed Commissioners that a conditional offer of
$11,747.25 has been made, and advised that staff would continue negotiations with Ms.
Britcher's Attorney, Robert J. Gorman, Esquire. Attorney Collins requested Board approval of
the Resolution of Necessity authorizing staff to proceed with acquisition through eminent
domain should the negotiations fail.
ON MOTION BY Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board approved Resolution
2009-172, declaring a reasonable necessity to acquire
certain real property for the purposes of improving and
reconstructing 66th Avenue, including side street,
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November 17, 2009
intersection, sidewalk and water retention pond
improvements; authorizing the County Attorney to acquire
the attached properties by the institution of proceedings in
eminent domain, and providing an effective date.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER JOSEPH E. FLESCHER, CHAIRMAN -NONE
14.B. COMMISSIONER WESLEY S. DAVIS-NONE
14. C. COMMISSIONER GARY C. WHEELER NONE
14.D. COMMISIONER PETER D. O'BRYAN--NONE
14.E. COMMISSIONER BOB SOLARI
14.E.1. ECONOMIC DEVELOPMENT AND STRATEGIC GOALS SUMMIT 11
In light of continuing levels of unemployment, Vice Chairman Solari felt it would be
beneficial to hold a second Economic Development and Strategic Goals Summit, similar to the
one held on February 5, 2009, in Sebastian. He proposed some goals for the Summit• to review
actions taken by the Board in the past year; to discuss the proposed Tax Abatement Referendum
coming up in November 2010; and to solicit suggestions from other County residents on
economic development. If the Board approves, Vice Chairman Solari wished to set a date for the
Summit and hold it at the Sebastian City Council Chambers.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to hold a second
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November 17, 2009
Economic Development and Strategic Goals Summit,
Economic Development and Strategic Goals Summit II.
Discussion ensued during which Commissioner Davis expressed his interest in having
discussion at the Summit on the Jobs Grant Program, with Chairman O'Bryan (the non-voting
Commissioner Liaison to the Economic Development Council), agreeing to provide an update.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to hold
an Economic Development and Strategic Goals Summit II.
It was the Board CONSENSUS for Vice Chairman Solari to come back with further
information on the time certain, and with confirmation that the City of Sebastian will host the
meeting at the Sebastian City Council Chambers. He was also asked to organize and chair the
Economic Development and Strategic Goals Summit II.
14.E.2. RECOMMENDED ELECTRIC RESOLUTION
Vice Chairman Solari relayed the request of Dr. Stephen Faherty (who was unable to
attend today's meeting) for the Board to adopt a Resolution supporting Legislation that would
allow the City of Vero Beach Electric Utility to be placed under the Public Services Commission
controls.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to approve the
sample Resolution of support for local Legislation to
allow the City of Vero Beach Electric Utility to be placed
under the Public Services Commission controls, for
presentation at the State Delegation's December 4, 2009
meeting.
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November 17, 2009
Chairman O'Bryan asked whether the sample Resolution provided by Mr. Faherty would
be sufficient for the Board's purposes, and Attorney Collins stated that he would put the
proposed document into a more standard format.
Commissioner Davis agreed with having Attorney Collins review the sample Resolution,
and requested that he return with the updated Resolution for Board approval by December 1,
2009, so the Commissioners can present it at the December 4, 2009 meeting of the State
Delegation.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board directed the
County Attorney to draft a Resolution supporting Local
Legislation to allow the City of Vero Beach Electric
Utility to be placed under the Public Services Commission
controls, and to bring back the subject document by
December 1, 2009 in time for the December 4, 2009
meeting of the Indian River County State Delegation.
15. SPECIAL DISTRICTS AND BOARDS
1 S.A. EMERGENCY SERVICES DISTRICT -NONE
1 5.B. SOLID WASTE DISPOSAL DISTRICT -NONE
1 5.C. ENVIRONMENTAL CONTROL BOARD -NONE
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November 17, 2009
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 10:23
a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: January 12, 2010
BCC/MG/2009Minutes
November 17, 2009
"At:
Peter D. O'Bryan, Chairman
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