HomeMy WebLinkAbout11/03/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 3, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Addition: Item 5.D Presentation by Chairman Davis Regarding the 17th Annual
Soup Bowl to Benefit the Samaritan Center for Homeless Families 2
Deletion: Item 14.D.1. Florida Association of Counties (FAC) Legislative
Conference 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. RECOGNITION OF JULIANNE R. PRICE AS RECIPIENT OF GOVERNOR'S POINT OF
LIGHT AWARD 2
5.B. PRESENTATION OF PROCLAMATION IN SUPPORT OF THE EFFORTS OF INDIAN
RIVER IMPACT 100 3
5.C. PRESENTATION BY KRISTY STURDIVANT, KEEP INDIAN RIVER BEAUTIFUL,
REGARDING DONATIONS OF CAMPAIGN SIGNS TO REUSE EXCHANGE CENTER 3
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November 3, 2009
5.D. PRESENTATION BY CHAIRMAN DAVIS, REGARDING THE 17TH ANNUAL SOUP
BOWL TO BE HELD BY THE SAMARITAN CENTER 4
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF SEPTEMBER 15, 2009 4
6.B. FINAL BUDGET HEARING OF SEPTEMBER 16, 2009 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 5
7.A. CITY OF FELLSMERE - NOTICE OF FIRST READING ON ORDINANCE 09-22,
PROPOSING TO ANNEX .58 ACRES, MORE OR LESS INTO THE CITY, NOVEMBER 5,
2009, AND A PUBLIC HEARING TO ADOPT ORDINANCE 09-22 WILL BE HELD ON
NOVEMBER 19, 2009, 7:00 P.M. IN THE CITY COUNCIL CHAMBERS, IS ON FILE IN
THE OFFICE OF THE CLERK TO THE BOARD 5
7.B. RESIGNATIONS OF IRRIGATION AND VEGETABLE REPRESENTATIVES TO THE
AGRICULTURE ADVISORY COMMITTEE 5
7.C. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE CHILDREN'S SERVICES
ADVISORY COMMITTEE 5
7.D. WORK ORDER #7, COASTAL TECHNOLOGY CORPORATION, INC., REVISED
UPLAND SAND SOURCE DESIGN SERVICES 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 8, 2009 TO OCTOBER 15, 2009 6
8.B. APPROVAL OF WARRANTS AND WIRES OCTOBER 16, 2009 TO OCTOBER 22,
2009 7
8.C. OPEB TRUST REPORT FOR THE PERIOD 10/1/08 THROUGH 9/30/09 7
8.D. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/09 7
8.E. WACHOVIA BANKING SERVICES AGREEMENT 8
8.F. OUT OF COUNTY TRAVEL TO ATTEND FAC LEGISLATIVE CONFERENCE 8
8.G. REQUEST TO ADVERTISE FOR PUBLIC HEARING ON THE ORDINANCE TO CREATE
A NEW "GIFFORD COMMUNITY CENTER MSTU" 8
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November 3, 2009
8.H. PROCLAMATION HONORING PHILLIP HARTSFIELD ON HIS RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF
PUBLIC WORKS 10
8.I. CONSIDERATION OF A REVISED MANAGEMENT PLAN FOR THE OSLO
RIVERFRONT CONSERVATION AREA (ORCA), AMENDED TO INCLUDE THE
FLINN TRACT LAAC SITE 10
8.J. FINAL PAYMENT, MASTELLER & MOLER, INC. - SPOONBILL MARSH WETLAND
RIO CONCENTRATE/REUSE MAIN PIPELINE PROJECT 10
8.K. NORTH COUNTY REVERSE OSMOSIS PLANT - CAMP DRESSER MCKEE (CDM)
FINAL PAYMENT FOR PROFESSIONAL SERVICES IN DESIGN, PERMITTING &
GENERAL SERVICES DURING CONSTRUCTION 11
8.L. APPROVAL OF BID AWARD FOR IRC BID NO. 2009064 BRINE LINE CONVERSION 11
8.M. AMENDMENT NO. 2 TO THE CONTINUING CONTRACT AGREEMENT FOR
PROFESSIONAL SERVICES WITH G. K. ENVIRONMENTAL, INC 12
8.N. FINAL PAYMENT AND RELEASE OF RETAINAGE WORK ORDER #3, COASTAL
TECHNOLOGY CORPORATION INC., SECTOR 3 BEACH RESTORATION 13
8.0. WORK ORDER NO. 6, CONTINUING PROFESSIONAL SURVEYING & MAPPING/GIS
SERVICES CONTRACT 0725 MORGAN AND EKLUND, INC., SECTOR 3 BEACH
RESTORATION - LEGAL DESCRIPTIONS AND SKETCHES FOR TEMPORARY
CONSTRUCTION EASEMENTS 13
8.P. OUTSIDE AGENCY FUNDING POLICY REVISION 14
8.Q. CONSIDERATION OF AN MOA WITH INDIAN RIVER COUNTY LAND TRUST AND A
LEASE AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 16
10. PUBLIC ITEMS 16
10.A. PUBLIC HEARINGS 16
10.A.1. 510, LLC'S REQUEST TO ABANDON A SEGMENT OF 86TH STREET BETWEEN
CR510 AND 47TH AVENUE IN WABASSO (LEGISLATIVE) 16
10.A.2. 510, LLC'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE
± 6.4 ACRES FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE),
TO CII, COMMERCIAL/ INDUSTRIAL, AND TO REZONE THOSE ± 6.4 ACRES FROM
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November 3, 2009
RM -6, MULTI FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS / 1 ACRE), TO
CG, COMMERCIAL GENERAL; AND UNITED INDIAN RIVER PACKERS, LLC'S
REQUEST TO AMEND THE COMPREHENSIVE PLAN TO REDESIGNATE ± 6.4
ACRES FROM C/I, COMMERCIAL/ INDUSTRIAL, TO L-2, RESIDENTIAL -2
DISTRICT (UP TO 6 UNITS / 1 ACRE), AND TO REZONE THOSE ± 6.4 ACRES FROM
IL TO RM -6, MULTI FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS / 1
ACRE)(LEGISLATIVE) 21
10.A.3. COUNTY INITIATED REQUEST TO REDESIGNATE ± 27.97 ACRES FROM L-1,
LOW-DENSITY RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), AND C/I, COMMERCIAL /
INDUSTRIAL, TO C-1, CONSERVATION -1 DISTRICT (ZERO DENSITY), AND
REZONE THOSE ± 27.97 ACRES FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1
UNIT /5 ACRES), AND CL, LIMITED COMMERCIAL DISTRICT, TO CON -1,
CONSERVATION -1 DISTRICT (ZERO DENSITY); REDESIGNATE ± 37.48 ACRES
FROM AG -1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT/5 ACRES), AND R,
RURAL RESIDENTIAL DISTRICT (UP TO 1 UNIT / 1 ACRE), TO C-1,
CONSERVATION -1 DISTRICT (ZERO DENSITY), AND REZONE THOSE ± 37.48
ACRES FROM A-1, AGRICULTURAL -1 DISTRICT (UP TO 1 UNIT / 5 ACRES), TO
CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY); REDESIGNATE ± 70
ACRES FROM C-2, CONSERVATION -2 DISTRICT (UP TO 1UNIT/40 ACRES), AND L-
2, LOW-DENSITY RESIDENTIAL -2 (UP TO 6 UNITS/ACRE), TO C-1,
CONSERVATION -1 DISTRICT (ZERO DENSITY), AND REZONE THOSE ± 70 ACRES
FROM RS -6 SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNIT / 1 ACRE),
AND RS -1, SINGLE-FAMILY RESIDENTIAL DISTRICT (UP TO 1 UNIT/1 ACRE), TO
CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY); REDESIGNATE ± 457.86
ACRES FROM AG -2, AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT /10 ACRES), TO
CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY), AND REZONE THOSE ±
457.86 ACRES FROM A-2, AGRICULTURAL -2 DISTRICT (UP TO 1 UNIT /10
ACRES), TO CON -1, CONSERVATION -1 DISTRICT (ZERO DENSITY)
(LEGISLATIVE) 26
10.A.4. PROPERTY EXCHANGE WITH THE ESTATE OF ELVESTER B. MOWATT FOR
RIGHT-OF-WAY ALONG CR 510 (ADMINISTRATIVE) 28
10.B. PUBLIC DISCUSSION ITEMS 29
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November 3, 2009
10.B.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING 8810 44TH AVENUE
AFTER THE FACT PERMITS 29
10.B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING RECREATION 29
10.C. PUBLIC NOTICE ITEMS 29
11. COUNTY ADMINISTRATOR MATTERS -NONE 30
12. DEPARTMENTAL MATTERS 30
12.A. COMMUNITY DEVELOPMENT 30
12.A.1. REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RECOVERY INITIATIVE FOURTH APPLICANT LIST AND
TO AUTHORIZE STAFF TO SOLICIT BIDS FOR HURRICANE WILMA HARDENING
WORK ACTIVITIES 30
12.B. EMERGENCY SERVICES -NONE 31
12.C. GENERAL SERVICES -NONE 31
12.D. HUMAN RESOURCES -NONE 31
12.E. HUMAN SERVICES -NONE 32
12.F. LEISURE SERVICES -NONE 32
12.G. OFFICE OF MANAGEMENT AND BUDGET 32
12.G.1. INDIAN RIVER COUNTY CENSUS 2010 MISCELLANEOUS BUDGET AMENDMENT
001 32
12.H. RECREATION -NONE 33
12.I. PUBLIC WORKS 34
12.1.1. APPROVAL OF BID AWARD FOR IRC BID NO. 2010005 ANNUAL BID FOR MAIN
RELIEF CANAL POLLUTION CONTROL FACILITY SEDIMENTATION SYSTEM
DREDGING 34
12.I.2. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION FOR
LANDSCAPE MAINTENANCE ALONG SR60 FROM JUST WEST OF 1-95
INTERCHANGE (M.P. 22.389) TO JUST WEST OF 82ND AVENUE (M.P.23.923) FM
# 228628-1-52-01 35
12.I. PUBLIC WORKS 37
12.I.3. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 37
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12.J. UTILITIES SERVICES 38
12.J.1. WORK ORDER NO. 2, ECO TECH, INC. - SPOONBILL MARSH SITE MONITORING 38
12.J.2. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER SERVICE,
INDIAN RIVER COUNTY PROJECT NO. UCP 4039, PRELIMINARY ASSESSMENT
RESOLUTIONS I AND II 39
12.J.3. APPROVAL OF BID AWARD FOR IRC BID NO. 2010011 ANNUAL BID FOR
UTILITY OPERATIONS WAREHOUSE STOCK 40
13. COUNTY ATTORNEY MATTERS 41
13.A. PURCHASE OF CUMBERLAND FARMS SITE FOR THE OSLO ROAD IMPROVEMENT
PROJECT AND THE 27TH AVENUE IMPROVEMENT PROJECT 41
13.B. CONSIDERATION OF MEDIATED SETTLEMENT AGREEMENT FOR PURCHASE OF
PROPERTY LOCATED AT THE NORTHWEST CORNER OF 66TH AVENUE AND 57TH
STREET 42
14. COMMISSIONER ITEMS 44
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN 44
14.A.1. ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO TREASURE COAST
REGIONAL PLANNING COUNCIL (TCRPC) 44
14.B. COMMISSIONER JOSEPH E. FLESCHER-NONE 45
14.C. COMMISSIONER GARY C. WHEELER -NONE 45
14.D. COMMISIONER PETER D. O'BRYAN 45
14.D.1. FLORIDA ASSOCIATION OF COUNTIES (FAC) LEGISLATIVE CONFERENCE 45
14.D.2. LETTER OF INTENT 46
14.E. COMMISSIONER BOB SOLARI-NONE 48
15. SPECIAL DISTRICTS AND BOARDS 48
15.A. EMERGENCY SERVICES DISTRICT -NONE 48
15.B. SOLID WASTE DISPOSAL DISTRICT 48
15.B.1. APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2009 48
15.B.2. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID WASTE
ASSESSMENT ADJUSTMENT 48
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15.C. ENVIRONMENTAL CONTROL BOARD 49
15.C.1. APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 18, 2009 49
15.C.2. QUARTERLY REPORT FOR THE 4TH QUARTER - FISCAL YEAR 2008-2009 FOR
SUBMISSION TO THE BOARD OF COUNTY COMMISSIONERS 49
15.C.3. RELEASE OF LIEN - SHELBY HOMES AT OSLO, INC., ENVIRONMENTAL
CONTROL HEARING BOARD CASE 434-08 49
16. ADJOURNMENT 49
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November 3, 2009
JEFFREY K. BARTON
Clerk to the Board
November 3, 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 3, 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 Tom Harris, First Presbyterian Church, delivered the Invocation.
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November 3, 2009
3. PLEDGE OF ALLEGIANCE
County Attorney Collins led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following changes to today's Agenda:
ADDITION: ITEM 5.D PRESENTATION BY CHAIRMAN DAVIS REGARDING THE 17TH
ANNUAL SOUP BOWL TO BENEFIT THE SAMARITAN CENTER FOR HOMELESS FAMILIES
DELETION: ITEM 14.D.1. FLORIDA ASSOCIATION OF COUNTIES (FAC) LEGISLATIVE
CONFERENCE
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously approved the
Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. RECOGNITION OF JULIANNE R. PRICE AS RECIPIENT OF GOVERNOR'S
POINT OF LIGHT AWARD
Commissioner Wheeler read a press release from Tallahassee and the congratulatory
letter from Governor Charlie Crist recognizing Julianne R. Price for her accomplishments, and
presented to her the Governor's Points of Light Award.
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November 3, 2009
Ms. Price announced that on November 14, 2009 at 5:00 p.m., a Celebrity vs.
Government softball game would be held at 5:00 p.m. at Holman Stadium as a fundraiser for the
nonprofit organization, Every Dream Has A Price, Inc.
S.B. PRESENTATION OF PROCLAMATION IN SUPPORT OF THE EFFORTS OF
INDIAN RIVER IMPACT 100
Chairman Davis read and presented the Proclamation to President Sherry Brown and two
other members of Indian River Impact 100.
Ms. Brown advised that information was available on the organization, and on the kick-
off breakfast to be held on November 16, 2009, at www.impactl00ir.com. She also reported that
Indian River Impact 100's first two grant recipients are Castle and the Treasure Coast Food
Bank.
S. C. PRESENTATION BY KRISTY STURDIVANT, KEEP INDIAN RIVER
BEAUTIFUL, REGARDING DONATIONS OF CAMPAIGN SIGNS TO REUSE
EXCHANGE CENTER
Kristy Sturdivant, Keep Indian River Beautiful (KIRB), reported that valuable landfill
space can be saved by donating used campaign signs to the KIRB Reuse Exchange Centers
located at Habitat for Humanity, at US 1; the Senior Resource Association on 6th Avenue and
14th Street; or the KIRB office at 1255 Main Street in Sebastian. Further information is available
at www.kirb.org.
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November 3, 2009
S.D. PRESENTATION BY CHAIRMAN DAVIS, REGARDING THE 17TH ANNUAL
SOUP BOWL TO BE HELD BY THE SAMARITAN CENTER
Chairman Davis announced that the 17th Annual Soup Bowl would be held on Thursday,
November 5, 2009, from 11:30 — 12:30 in various locations throughout the County, including
Rosemary's Cafe. For a $5.00 donation, participants may purchase soup, and for an additional
donation, handmade ceramic bowls can also be purchased. There will be an additional fund raiser
at Holy Cross Catholic Church on Friday, November 6, 2009. All proceeds for both events will
go to the Samaritan Center for Homeless Families.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF SEPTEMBER 15, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of September 15, 2009. There were none.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of September 15,
2009, as written.
6.B. FINAL BUDGET HEARING OF SEPTEMBER 16, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the Final
Budget Hearing of September 16, 2009. There were none.
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November 3, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Minutes of the Final Budget Hearing of September 16,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. CITY OF FELLSMERE —NOTICE OF FIRST READING ON ORDINANCE 09-22,
PROPOSING TO ANNEX .58 ACRES, MORE OR LESS INTO THE CITY,
NOVEMBER 5, 2009, ANDA PUBLIC HEARING TO ADOPT ORDINANCE 09-
22 WILL BE HELD ON NOVEMBER 19, 2009, 7:00 P.M. IN THE CITY
COUNCIL CHAMBERS, IS ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
7.B. RESIGNATIONS OF IRRIGATION AND VEGETABLE REPRESENTATIVES TO
THE A GRICULTURE ADVISORY COMMITTEE
Noted for the record was the resignation of Dan Chellemi, Irrigation Representative; and
Kevin O'Dare, Vegetables Representative, from the Agriculture Advisory Committee. Their
terms would have expired in 2010.
7. C. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE CHILDREN'S SERVICES
ADVISORY COMMITTEE
Noted for the record was the appointment of Michele Falls as the District 4 Appointee to
the Children's Services Advisory Committee. Her term will expire on January 2011.
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7.D. WORK ORDER #7, COASTAL TECHNOLOGY CORPORATION, INC., REVISED
UPLAND SAND SOURCE DESIGN SERVICES
Noted for the record was Work Order No. 7 with Coastal Technology Corporation, Inc.
for Sector 3 Revised Upland Sand Source Design Services (approved by the County
Administrator under Section 105.01 of County Code).
8. CONSENT AGENDA
Commissioner Solari pulled for discussion Items 8.G., 8.P., and 8.Q.
Commissioner O'Bryan pulled for discussion Item 8.M.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 8, 2009 TO OCTOBER 15,
2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of October 8, 2009
to October 15, 2009 as recommended in the memorandum
of October 15, 2009.
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November 3, 2009
8.B. APPROVAL OF WARRANTS AND WIRES OCTOBER 16, 2009 TO OCTOBER
22 2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of October 16, 2009
to October 22, 2009, as requested in the memorandum of
October 22, 2009.
8.C. OPEB TRUST REPORT FOR THE PERIOD 10/1/08 THROUGH 9/30/09
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the quarterly Other Post Employment Benefits
(OPEB) Trust Report for the year ended September 30,
2009, as recommended in the memorandum of October
28, 2009.
8.D. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 09/30/09
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Investment Advisory Committee Quarterly
Report for July 1, 2009 through September 30, 2009, as
recommended in the memorandum of October 28, 2009.
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November 3, 2009
8.E. WACHOVIA BANKING SERVICES AGREEMENT
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved and authorized the Chairman to execute the
Banking Services Agreement with Wachovia Bank, N.A.,
as recommended in the memorandum of October 22,
2009.
AGREEMENT IS ON FILE 1N THE OFFICE OF THE CLERK TO THE BOARD
8.F. OUT OF COUNTY TRAVEL TO ATTEND FAC LEGISLATIVE CONFERENCE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved out of County travel for Commissioners and
staff to attend the Florida Association of Counties (FAC)
County Structure & Authority Workshop during the
Florida Legislative Conference in Saint Petersburg,
Florida, December 2 — 4, 2009. Commissioner Wheeler
has been asked to be a participant on a panel at this
workshop, as stated and as requested in the memorandum
of October 27, 2009.
8.G. REQUEST TO ADVERTISE FOR PUBLIC HEARING ON THE ORDINANCE TO
CREATE A NEW "GIFFORD COMMUNITY CENTER MSTU"
Commissioner Solari pulled this item so residents would be aware of this proposal to
create a new Gifford Community Center Municipal Service Taxing Unit (MSTU), which would
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November 3, 2009
subject them to this tax. He did not think anyone should be surprised by this, and asked
Commissioners and Citizens to advise others of this matter, before the matter comes before the
Commission for a vote.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to authorize the
County Attorney to advertise for a public hearing to be
held December 1, 2009 to consider adoption of an
Ordinance creating a "Gifford Community Center
MSTU," as recommended in the memorandum of October
27, 2009.
Since this matter had not been advertised under Item 10. A. Public Hearings, Chairman
Davis read into the record staff's recommendation to "authorize the County Attorney to advertise
for a public hearing to be held December 1, 2009 to consider adoption of an ordinance creating a
"Gifford Community Center MSTU".
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
County Attorney to advertise for a public hearing to be
held December 1, 2009 to consider adoption of an
Ordinance creating a "Gifford Community Center
MSTU," as recommended in the memorandum of October
27, 2009."
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November 3, 2009
8.H. PROCLAMATION HONORING PHILLIP HARTSFIELD ON HIS RETIREMENT
FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF PUBLIC WORKS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Proclamation honoring Phillip Hartsfield on
his retirement from the Public Works Department.
8.1. CONSIDERATION OF A REVISED MANAGEMENT PLAN FOR THE OSLO
RIVERFRONT CONSERVATION AREA (ORCA), AMENDED TO INCLUDE THE
FLINN TRACT LAAC SITE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Revised Management Plan (amended to
include the Flinn Tract LAAC Site), for the Oslo
Riverfront Conservation Area (ORCA), as recommended
in the memorandum of October 23, 2009.
8.J. FINAL PAYMENT, MASTELLER & MOLER, INC. — SPOONBILL MARSH
WETLAND R/O CONCENTRATE/REUSE MAIN PIPELINE PROJECT
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved and authorized the Chairman to execute the
Final Payment with Masteller & Moler, Inc. (M&M) in
the amount of $1,315.00 for the Spoonbill Marsh
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November 3, 2009
Brine/Reuse Pipeline Project, as recommended in the
memorandum of October 22, 2009.
8.K. NORTH COUNTY REVERSE OSMOSIS PLANT — CAMP DRESSER MCKEE
(CDM) FINAL PAYMENT FOR PROFESSIONAL SERVICES IN DESIGN,
PERMITTING & GENERAL SERVICES DURING CONSTRUCTION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved final payment in the amount of $2,512.47 to
Camp Dresser McKee (CDM) for North County Reverse
Osmosis Water Treatment Plant Expansion Project, as
recommended in the memorandum of October 16, 2009.
8.L. APPROVAL OF BID AWARD FOR IRC BID No. 2009064 BRINE LINE
CONVERSION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously: (1)
approved the Bid Award to Masci Corporation as the
lowest most responsive and responsible bidder, meeting
the specifications as set forth in the Invitation to Bid; and
(2) approved the Sample Agreement and authorized the
Chairman to execute said Agreement after the required
performance and payment bonds, along with the
appropriate Certificate of Insurance, have been received
and once the County Attorney has approved the
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November 3, 2009
Agreement as to form and legal sufficiency, as
recommended in the memorandum of October 27, 2009.
8.M. AMENDMENT No. 2 TO THE CONTINUING CONTRACT AGREEMENT FOR
PROFESSIONAL SERVICES WITH G. K. ENVIRONMENTAL, INC.
Commissioner O'Bryan explained that this item would allow for Purchase Orders with
G.K. Environmental, Inc. to be authorized by Division and Department Heads for projects
costing less than $15,000. Commissioner O'Bryan would like notifications of same to be placed
under Item 7. Informational Items from Staff or Commissioners Not Requiring Board Action.
Director Mora conveyed staff's willingness to comply with Commissioner O'Bryan's
request.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Amendment No. 2 to the Continuing Contract Agreement
for Professional Services with G.K. Environmental, Inc.
modifying the Agreement to allow for Purchase Orders to
be issued by Division and Department heads for projects
with proposals less than $15,000.00, as recommended in
the memorandum of October 16, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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November 3, 2009
8.N. FINAL PAYMENT AND RELEASE OF RETAINAGE WORK ORDER #3,
COASTAL TECHNOLOGY CORPORATION INC., SECTOR 3 BEACH
RESTORATION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the final invoice and retainage release request
with Coastal Technology Corporation, Inc. (Sector 3
Beach Restoration). The work contained in the Work
Order is subject to 50% cost sharing with the Florida
Department of Environmental Protection under Grant
Agreement 03IR1. Local funding of Beach Restoration
includes a portion of Local Option Tourist Tax revenue as
well as allocations of the One -Cent Sales Tax, all as stated
and recommended in the memorandum of October 16,
2009.
8.0. WORK ORDER No. 6, CONTINUING PROFESSIONAL SURVEYING &
MAPPING/GIS SERVICES CONTRACT 0725 MORGAN AND EKLUND, INC.,
SECTOR 3 BEACH RESTORATION — LEGAL DESCRIPTIONS AND SKETCHES
FOR TEMPORARY CONSTRUCTION EASEMENTS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 6 to Contract No. 0725 with
Morgan and Eklund, Inc. (for Sector 3 Beach Restoration).
Local funding of Beach Restoration includes a portion of
Local Option Tourist Tax Revenue as well as allocation of
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November 3, 2009
the One -Cent Sales Tax, as stated and recommended in the
memorandum of October 22, 2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.P. OUTSIDE AGENCY FUNDING POLICY REVISION
Commissioner Solari explained that up until now, nonprofits and other organizations
receiving $25,000 or more from the County have been required to obtain an audit, which can cost
up to $10,000. This item would increase the threshold for an audit from $25,000 to $100,000.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to approve
Alternative 1, to increase the funding threshold requiring
Outside Agencies to submit audited financial statements
from the current level of $25,000 to $100,000.
Commissioner Solari observed that this does not mean the agencies' finances are not
reviewed - it would just ensure that they do not have to expend funds which could be better used
elsewhere for an audit. He stressed that the $100,000 limit would apply only to the actual
dollars expended by the agency.
Chairman Davis remarked that the County has a fiduciary responsibility to make sure the
taxpayer's money is spent wisely, and the current Outside Agency Funding policy accomplishes
this because all grant requests are submitted for County approval before payment is disbursed.
Budget and Management Director Jason Brown elaborated on staff's Alternatives, as
outlined on page 184 of the backup. He also noted that the $100,000 threshold has a precedent,
as it is used by United Way when requiring their agencies to obtain an audit.
14
November 3, 2009
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Alternative 1, to increase the funding threshold requiring
Outside Agencies to submit audited financial statements
from the current level of $25,000 to $100,000 of actual
expenses.
S.Q. CONSIDERATION OFANMOA WITH INDIAN RIVER COUNTY LAND TRUST
AND A LEASE A GREEMENT WITH THE FLORIDA INLAND NAVIGATION
DISTRICT
Commissioner Solari stated that most of the funding for the Lagoon Greenway Project
will come from the private sector. He announced that the Indian River County Land Trust
(IRCLT) would hold a fund raiser on November 12, 2009 at Rock City Nursery, from 6:00 p.m.
to 10:00 p.m. He relayed that Ken Grudens, Executive Director of the IRCLT, wanted to thank
both the County Commission and the County staff who have worked with them on the
Memorandum of Understanding. Commissioner Solari thereafter thanked Mr. Grudens and the
IRCLT for great work on this project, noting that it would provide a template for public/private
partnerships, which he believes will be very important for the future of the County.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Memorandum of Agreement (MOA) with the Indian
River County Land Trust and the Lease Agreement with
the Florida Inland Navigation District, and authorized the
Chairman to execute the Agreements, as recommended in
the memorandum of October 28, 2009.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
15
November 3, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1.510, LLC'S REQUEST TO ABANDONA SEGMENT OF 86TH STREET
BETWEEN CR51 0 AND 47TH AVENUE IN WABASSO (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling announced that he would be addressing the first of two
inter -related matters, a request from 510, LLC, for the County to abandon a segment of 86th
Street between CR510 and 47th Avenue in Wabasso, and that Community Development Director
Robert Keating would be addressing 510, LLC's second request, to amend the Comprehensive
Plan (see Item 10.A.2.). He provided detailed description and conditions of the proposed 86th
Street abandonment, noting that Public Works is currently at 60% design for improvements of
the CR510-US 1 intersection. Director Boling reported that Bruce Barkett, the applicant's
attorney, had submitted an Escrow Agreement whereby the applicant agrees to dedicate the right-
of-way, the temporary construction easement, and the drainage easement needed for the CR510
improvement project, subject to approval of both requests. He thereafter conveyed staff's
recommendation for Board approval of the 86th Street right-of-way abandonment, with
Conditions 1 and 2 as outlined on page 229 of the backup information.
Commissioner O'Bryan wanted to know, if the County approves the subject
abandonment, if 510, LLC would grant an easement to keep 86th Street open as a functioning
road until development is begun at the site.
16
November 3, 2009
Bruce Barkett, Attorney for 510, LLC, affirmed that an executed copy of a Temporary
Right -of -Way Easement (copy on file) has been provided to the Deputy County Attorney.
A lengthy discussion followed as Commissioners and staff discussed traffic patterns and
whether the abandonment would negatively impact the neighboring residents. Various
configurations were suggested for maintaining connectivity between CR510 and US1 should 86th
Street be closed. The Board also questioned staff on the cost of purchasing the right-of-way
after up -zoning, if 510, LLC 's request is not approved, and was informed that the right-of-way
would cost an additional $500,000.
Commissioner Wheeler presented arguments supporting the County's retention of the
86th Street right-of-way, believing that closing that street would cause inconvenience to the
residents of an old established Florida neighborhood, as well as the businesses on US 1.
Bruce Barkett, Esquire, representing 510, LLC, displayed slides outlining the proposed
areas of abandonment and rezoning. Recalling that the Board had formerly expressed concerns
about the impacts of the roadway abandonment on traffic, he reported that Kimley-Horn and
Associates, Inc. had completed a traffic study, showing that the use of 86th Street is basically
inconsequential. Attorney Barkett thereafter provided his views on how the subject
abandonment would benefit the County.
Place
The Chairman opened the Public Hearing.
The following residents spoke in opposition to the 86th Street Abandonment:
Allen Yarbrough, Pastor of First Baptist Church, Wabasso, and resident of 4720 86th
William Wells, 8800 44th Avenue
Pat Mills, 4655 87th Street
17
November 3, 2009
Rye Griffin (no address provided)
Robin Davis, 8580 48th Avenue, and owner of properties at 4785 86th Street and 4755
86th Street. (Mr. Davis relayed that a resident of 4785 86th Place had to leave, but also shared his
sentiments).
There being no further speakers, the Chairman closed the Public Hearing.
Staff continued to address the Board's concerns about providing some connectivity for
the residents living near 86th Street; further information was also provided on traffic circulation
patterns and future development plans related to the CR510 roadway project.
Commissioner Solari opined that the abandonment would not have a negative impact on
the neighborhood, and that it would ultimately increase road safety.
Responding to Vice Chairman Flescher's question regarding whether 510, LLC would
be providing a secondary access from the neighborhood to CR510, Attorney Barkett affirmed
that he would make that commitment on behalf of 510, LLC, but he did not think it could be
written into the abandonment.
Director Boling explained that the LDR's would dictate traffic circulation improvements,
including connections, which would be dependent upon the characteristics of the site plan and
what uses are going to be there.
The Chairman re -opened the Public Hearing.
Pastor Yarbrough asked the Board to leave 86L11 Street open until the site plan and the
location of the secondary access is concretized.
18
November 3, 2009
Ms. Mills, referring to the possibility of using 87th Street for the secondary connection
(presented earlier by staff), presented arguments for not doing so.
Kevin (inaudible surname) felt that the County should retain 86th Street as an evacuation
route for residents heading north.
Jens Tripson, 2525 14th Street, believed that the abandonment of 86th Street would have
negative impacts on the traffic, and felt that the site plan should be complete before 86th Street is
closed.
There being no further speakers, the Chairman re -closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to DENY 510,
LLC's request to abandon a segment of 86th Street
between CR510 and 47th Avenue in Wabasso.
Commissioner O'Bryan outlined his reasons for supporting Commissioner Wheeler in his
opposition to the abandonment, which included safety concerns regarding left-hand turns.
Chairman Davis presented his arguments for supporting the proposal, including the future
need to provide for the residents some type of interconnectivity for going to a signalized
intersection.
The Chairman CALLED THE QUESTION, and by a 2-3
vote (Commissioners Davis, O'Bryan and Solari
opposed), the Motion DIED.
19
November 3, 2009
MOTION WAS MADE by Commissioner Solari,
SECONDED by Chairman Davis, to approve staff's
recommendation for the County to abandon its rights to a
segment of 86th Street between CR510 and 47th Avenue in
Wabasso, including Conditions 1 and 2, and with the
caveat to keep 86th Street open until such time that
development occurs.
A question was raised as to the terms of the Temporary Right -of -Way Easement for 86th
Street from 510, LLC to the County. Attorney Barkett explained that the Easement would be in
place for 10 years, OR until 510, LLC recorded a Notice of Termination of Easement,
accompanied by a land development permit or equivalent, indicating that development of the
Easement or the platted lots adjacent to same has commenced.
Commissioner O'Bryan said that he still had misgivings, but in light of the
aforementioned Temporary Right -of -Way Easement until the time of development, he would
support Commissioner Solari's Motion.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried. The Board approved and authorized the Chairman
to execute Resolution 2009-163, with the following
conditions: (1) that a 25' wide utility easement for the
existing water line be reserved over the northern 25' of
the 86th Street (Palm Blvd.) right-of-way segment and that
a 10' wide utility easement for the existing power and
communication lines be reserved over the southern 10' of
the 86th Street (Palm Blvd) right-of-way segment; (2) that
prior to physically closing 86th Street to vehicular traffic,
20
November 3, 2009
the property owner shall obtain approval from Traffic
Engineering for the method of closure; and (3) with the
caveat to keep 86th Street open until such time that
development occurs; Providing for the closing,
abandonment, vacation and discontinuance of a segment
of 86th Street (Palm Blvd) lying between CR510 and 47th
Avenue (Tropical Avenue) adjacent to Blocks 8 and 9 of
Weona Park, as shown in Plat Book 2, page 17 of the
public records of Indian River County, Florida, as
described herein, said land lying in Indian River County,
Florida.
The Chairman called a recess at 11:17 a.m. and reconvened the meeting at 11:27 a.m.,
with all members present.
10.A.2. 510, LLC's REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
REDESIGNATE ± 6.4 ACRES FROM L-2, LOW-DENSITY RESIDENTIAL -2 (UP
TO 6 UNITS/ACRE), TO C/I, COMMERCIAL/ INDUSTRIAL, AND TO REZONE
THOSE ± 6.4 ACRES FROM RM -61 MULTI FAMILY RESIDENTIAL DISTRICT
(UP TO 6 UNITS/1 ACRE), TO CG, COMMERCIAL GENERAL; AND UNITED
INDIAN RIVER PACKERS, LLC's REQUEST TO AMEND THE
COMPREHENSIVE PLAN TO REDESIGNATE ± 6.4 ACRES FROM C/I,
COMMERCIAL/ INDUSTRIAL, TO L-2, RESIDENTIAL -2 DISTRICT (UP TO 6
UNITS/1 ACRE), AND TO REZONE THOSE ± 6.4 ACRES FROM IL To RM -6,
MULTI FAMILY RESIDENTIAL DISTRICT (UP TO 6 UNITS/1
ACRE) (LEGISLATIVE)
21
November 3, 2009
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating, through a PowerPoint Presentation
(copy on file), provided background conditions of the requests of 510, LLC and United Indian
River Packers, LLC to swap the land use and zoning designations for Subject Property 1 (owned
by 510, LLC and located north of CR510, south of 87th Street and east of 47th Avenue) and
Subject Property 2 (owned by United Indian River Packers, LLC, and located north of 77th Street
and west of the Florida East Coast Railroad), by amending the Comprehensive Plan. The swap
would involve redesignating and rezoning Subject Property 1 from L-2 (Low -Density
Residential -2) to CII (Commercial/Industrial) and from RM -6, (Multi -Family Residential) to CG
(Commercial General); and redesignating Subject Property 2, from C/I (Commercial Industrial),
to L-2 (Residential -2) and rezoning the subject property from IL to RM -6, Multi Family
Residential District. Director Keating explained that today the Board will decide whether to
transmit the amendments to the State Department of Community Affairs (DCA) for review, after
which there would be a final adoption hearing this spring. He thereafter presented staff's
recommendation, based on staff's analysis on pages 267-274, for the Board to approve the
transmittal of the Comprehensive Plan Amendment to DCA, by approving the Resolution.
Director Keating informed the public that the Department of Community Affairs has an
allowance providing for citizens to receive information regarding this Comprehensive Plan
Amendment throughout the review process, and asked those individuals to give their contact
information to Sasan Rohani, Chief of Long Range Planning
Commissioner Wheeler questioned whether the proposed land use designation
amendment was consistent with the fourth criterion of Future Land Use Element Policy 14.3
(presented on page 272 of the backup), which states that..."The proposed amendment involves a
swap or reconfiguration of land use designations at separate sites and, that swap or
reconfiguration will not increase the overall land use density or intensity depicted on the Future
22
November 3, 2009
Land use Map." He believed that the proposed land use designation amendment would increase
the intensity and density of Subject Property 1. Additionally, he provided his reasons for
believing that Subject Property 2 would not be desirable for residential development.
The Chairman opened the Public Hearing.
Attorney Barkett, representing 510, LLC, and United Indian River Packers, LLC,
invited questions from the Board. Receiving none, he resumed his chair.
William Wells, 8800 44th Avenue, opposed the land swap and requested the notification
from DCA.
The following speakers expressed their opposition to the land swap:
Jens Tripson, 2525 14th Street
Pastor Yarbrough, 4720 86th Place, Sebastian
Pat Mills, 4655 87th Street
Staff addressed Bob Johnson's question on whether the C/I land use designation would
be compatible with one of the existing land uses, which allows for a church on Subject
Property 1.
There being no further speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to DENY
approval of the Resolution to transmit the proposed future
land use map amendment to the Department of
Community Affairs (DCA).
23
November 3, 2009
Commissioner Wheeler set forth that the proposed land swap would be wrong; that it
would be development of the landowner's property at the expense of the neighborhood.
Commissioner O'Bryan was concerned about approving the land swap without knowing
how the property would be developed or what changes might occur to the neighborhood. He felt
that the Board would have more input if the subject land was developed through a Commercial
Planned Development (PD) process, and inquired whether it was possible to get this commitment
from the Kennedys (the landowners).
Staff reminded Commissioners that the matter before the Board at today's hearing was
whether or not to transmit the Comprehensive Plan Amendment to DCA, and that it was not
possible to mandate a Planned Development at this point.
Director Mora addressed Ms. Mills' questions regarding traffic signals on 87th Street,
CR510, and at the entrance to Bristol Bay.
Further discussion ensued regarding the PD process, after which, Thomas Kennedy, the
applicant, advised the Board that he would be amenable to going through a PD process for
Commercial Development at the subject site (Property 1).
Based on Mr. Kennedy's assurance that he was willing to go through the PD process,
Commissioner O'Bryan WITHDREW his SECOND to Commissioner Wheeler's Motion to deny
the land swap.
Commissioner Wheeler's MOTION FAILED for lack of a
SECOND.
There being no further speakers, the Chairman closed the Public Hearing.
24
November 3, 2009
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher to approve
staff's recommendation for transmittal of the proposed
future Land Use Amendment to the Department of
Community Affairs (DCA) by approving the proposed
Resolution, with the caveat for staff to review the fourth
criterion of Future Land Use Element Policy 14.3
Commissioner Wheeler suggested tabling this matter until the fourth point under the
Future Land Use Element Policy 14.3 can be reviewed, as specified in the above Motion;
however, there was no CONSENSUS to do so.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Wheeler opposed), the Motion
carried. The Board: (1) directed staff to review the fourth
criterion of Future Land Use Element Policy 14.3 (page
272 of the backup), pertaining to a swap or
reconfiguration of land use designations at separate sites;
and
(2) Approved Resolution 2009-164, approving the
transmittal of a proposed Indian River County
Comprehensive Plan Future Land Use Map Amendment to
the State of Florida Department of Community Affairs.
The Chairman called a break at 12:14 p.m. and reconvened the meeting at 1:31 p.m.,
with Vice Chairman Flescher rejoining the meeting at 1:33 p.m.
25
November 3, 2009
10.A.3. COUNTY INITIATED REQUEST TO REDESIGNATE ±27.97 ACRES FROML-
1, LOW-DENSITY RESIDENTIAL-1 (UP TO 3 UNITS/ACRE), AND C/I,
COMMERCIAL /INDUSTRIAL, TO C-1, CONSERVATION-1 DISTRICT (ZERO
DENSITY), AND REZONE THOSE ±27.97ACRES FROMA-1,
AGRICULTURAL-1 DISTRICT (UP TO 1 UNIT/5 ACRES), AND CL, LIMITED
COMMERCIAL DISTRICT, TO CON-1, CONSERVATION-1 DISTRICT (ZERO
DENSITY); REDESIGNATE f 37.48 ACRES FROM AG-1, AGRICULTURAL-1
DISTRICT (UP TO 1 UNIT/5 ACRES), AND R, RURAL RESIDENTIAL DISTRICT
(UP TO 1 UNIT/1 ACRE), TO C-1, CONSERVATION-1 DISTRICT (ZERO
DENSITY), AND REZONE THOSE ± 3 7.48 ACRES FROMA-1,
AGRICULTURAL-1 DISTRICT (UP TO 1 UNIT/5 ACRES), TO CON-1,
CONSERVATION-1 DISTRICT (ZERO DENSITY); REDESIGNATE ± 70 ACRES
FROM C-2, CONSERVATION-2 DISTRICT (UP TO 1 UNIT/4O ACRES), AND L-
2, LOW-DENSITY RESIDENTIAL-2 (UP TO 6 UNITS/ACRE), TO C-1,
CONSERVATION-1 DISTRICT (ZERO DENSITY), AND REZONE THOSE f' 70
ACRES FROM RS-6 SINGLE -FAMILY RESIDENTIAL DISTRICT (UP TO 6
UNIT/1 ACRE), AND RS-1, SINGLE -FAMILY RESIDENTIAL DISTRICT (UP
TO 1 UNIT/1 ACRE), TO CON-1, CONSERVATION-1 DISTRICT (ZERO
DENSITY); REDESIGNATE ± 457.86 ACRES FROMAG-2, AGRICULTURAL-2
DISTRICT (UP TO 1 UNIT /10 ACRES), TO CON-1, CONSERVATION-1
DISTRICT (ZERO DENSITY), AND REZONE THOSE ± 457.86 ACRES FROMA-
2, AGRICULTURAL-2 DISTRICT (UP TO 1 UNIT /10 ACRES), TO CON-1,
CONSERVATION-1 DISTRICT (ZERO DENSITY) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
26
November 3, 2009
Community Development Director Robert Keating recapped his memorandum of
October 19, 2009, to present the County -initiated request to redesignate a total of ± 593 acres
acquired under the County's Environmental Lands Program to the C-1, Conservation -1 Land Use
Category. He used a PowerPoint (copy on file) to provide descriptions of the properties, known
as Subject Property 1, Canoe Launch Park/Ansin Tract; Subject Property 2, South Prong
Preserve/Shadowbrook Estates Parcel and South Prong Preserve/Ryall Parcel; Subject Property
3, Oslo Riverfront Conservation Area (ORCA) Diamond Tract; and Subject Property 4, Corrigan
460 Tract/Berry Groves Exchange. He thereafter presented the recommendations of the Planning
& Zoning Commission (PZC) and staff for the Board to approve transmittal of the proposed
future land use amendment to the Department of Community Affairs (DCA) by approving the
Resolution attached to staff's report.
Commissioner O'Bryan was informed by staff that the proposed amendment to the
Comprehensive Plan would not interfere with the permit application for boat ramp improvements
and parking at Subject Property 3, Oslo Riverfront Conservation Area (ORCA) Diamond Tract.
Discussion ensued among Commissioners and staff on whether the pending
improvements to Subject Property 3 should be made prior to re -designation of the land use
designation and zoning. The Board agreed that it would be prudent to first make the
improvements, and it was noted that the County's willingness to commit the land to a
conservation land use plan might provide future leverage for any required mitigations.
The Chairman opened the Public Hearing. There being no speakers, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-165, as amended to remove
Subject Property 3, the Oslo Riverfront Conservation Area
27
November 3, 2009
(ORCA) Diamond Tract, approving the transmittal of a
proposed Indian River County Comprehensive Plan Future
Land Use Amendment to the State of Florida Department
of Community Affairs.
10.A.4. PROPERTY EXCHANGE WITH THE ESTATE OF ELVESTER B. MOWATT FOR
RIGHT-OF-WAY ALONG CR 510 (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Deputy County Attorney William DeBraal recalled that on Sept 8, 2009, the Board had
approved a property exchange and purchase agreement with the Estate of Elvester Mowatt for
right-of-way along CR510 in Wabasso. He reported that since the agreement involved an
exchange of County -owned land, the terms of the agreement had to be advertised, which process
was now completed. He thereafter presented staff's recommendation for the Chairman to
execute the Resolution approving the Exchange Agreement with the Estate of Elvester B.
Mowatt, and any additional deeds necessary to effectuate the exchange.
The Chairman opened the Public Hearing. There being no speakers, the Chairman
closed the Public Hearing.
ON MOTION by Commissioner Wheeler SECONDED by
Chairman Davis, the Board unanimously approved
Resolution 2009-166, approving an exchange of land with
the Estate of Elvester Mowatt.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
28
November 3, 2009
10.B. PUBLIC DISCUSSION ITEMS
10. B.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING 8810 44TH
AVENUE AFTER THE FACT PERMITS
William Wells, 8800 44th Avenue, provided handouts to the Chairman and the Clerk
(copy on file), regarding a neighboring property owned by Kenneth C. Chestnut, and located at
8810 44th Avenue. He outlined what he believed were permitting violations involving a dock
extension, fence, seawall, generator, pool house steps, and a garage, all occurring on the subject
property.
No Board action required or taken.
10. B.2. REQUEST TO SPEAK FROM JOE T. WIGGINS REGARDING RECREATION
Joe T. Wiggins, 895 11th Street SW, addressed the Board regarding the need to construct
at South County Park a Youth Center which could be used for multiple purposes, such as giving
the children a place to gather in inclement weather, and providing them with activities and
educational opportunities. He stressed the need to encourage our children by providing them
with a safe place to congregate. Mr. Wiggins told Commissioners there were plenty of
community groups and citizens who would volunteer, but the County would need to construct
the building.
No Board action required or taken.
10. C. PUBLIC NOTICE ITEMS
10. C.1.A. NOTICE OF SCHEDULED PUBLIC HEARINGS NOVEMBER 10, 2009:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA EXTENDING THE DEADLINE BY
29
November 3, 2009
THREE YEARS FOR THE LIBERTY PARK, MANDALA CLUB, TURTLE
CREEK PRESERVE, AND SUNNYSIDE UP PLANNED DEVELOPMENTS TO
COMMENCE CONSTRUCTION OR HAVE THEIR ZONING REVERT TO THE
SITE'S ORIGINAL (PRE -PLANNED DEVELOPMENT APPROVAL) ZONING
(LEGISLATIVE)
10. C.1.B. VICTOR MUNOZ REQUEST FOR ABANDONMENT OF A PORTION OF 59TH
AVENUE LYING NORTH OF 24TH STREET (LEGISLATIVE)
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS NOVEMBER 17, 2009:
SR 60 VERO, LLC: REQUEST TO REZONE 19.98 ACRES LOCATED SOUTH
OF S.R. 60 AND APPROXIMATELY 1,350 FEET WEST OF 58TH AVENUE,
FROMRM-6 TO RM -8 (QUAsI JUDICIAL)
County Attorney William Collins read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE FOURTH
APPLICANT LIST AND TO AUTHORIZE STAFF TO SOLICIT BIDS FOR
HURRICANE WILMA HARDENING WORK ACTIVITIES
30
November 3, 2009
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to approve the
Hurricane Wilma Community Development Block Grant
Disaster Recovery Initiative (CDBG-DRI) Group Four (4)
applicants list and authorized staff to begin the bid process
to secure services from licensed contractors for needed
rehabilitation work.
Responding to Commissioner Solari's inquiry, Chief of Long Range Planning Sasan
Rohani confirmed that each Commissioner must declare any conflict of interest regarding the list
of applicants provided with staff's report.
Commissioner Solari, Commissioner O'Bryan, Vice Chairman Flescher, Commissioner
Wheeler, and Chairman Davis each declared there was no conflict of interest, respectively.
The Chairman CALLED THE QUESTION, and the
Motion carried. The Board unanimously approved the
Hurricane Wilma Community Development Block Grant
Disaster Recovery Initiative (CDBG-DRI) Group Four (4)
applicants list and authorized staff to begin the bid process
to secure services from licensed contractors for needed
rehabilitation work, as recommended in the memorandum
of October 21, 2009.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCESNONE
31
November 3, 2009
12.E. HUMAN SER VICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. INDIAN RIVER COUNTY CENSUS 2010 MISCELLANEOUS BUDGET
AMENDMENT 001
Management and Budget Director Jason Brown recalled that on October 13, 2009, the
Board directed staff to bring back information on funding for promotional items for the Census
2010 Complete Count Committee. He presented for Board consideration a Budget Amendment
for $3,000, funded by General Fund Contingencies, which could be used for the aforementioned
purpose.
MOTION WAS MADE BY Commissioner Wheeler,
SECONDED by Commissioner Solari, to DENY funding
for the promotional items for the Census 2010 Complete
County Committee.
Commissioners Wheeler and Solari voiced their opposition to the proposed Budget
Amendment. Both felt that in light of the trillions of dollars of stimulus monies being dispensed,
the Federal Government should have $3,000 to allocate for the census, and Commissioner Solari
pointed out that the census was a mandate of the United States Constitution.
Vice Chairman Flescher upheld the Budget Amendment, as he spoke to the importance of
increasing awareness about the census. He also believed that to decline the proposed funding
would curtail any future positive support for the County. Vice Chairman Flescher informed
32
November 3, 2009
Commissioners that there was a United States Census Bureau program whereby program
participants can receive up to $2,999 of product support.
Commissioners debated whether the proposed Budget Amendment of $3,000 would
noticeably increase citizen participation in the Census.
Commissioner O'Bryan agreed with Vice Chairman Flescher that the budget allocation
was necessary, but felt that the funds should be allocated to maximum effect, and not for such
promotional items as pens and bumper stickers.
Discussion continued as Board members and staff considered the most effective ways to
utilize the funds, if appropriated.
After learning from Director Brown that the County had spent over $3,000 for Census
activities in 2000, Vice Chairman Flescher noted that the proposed allocation was less than the
amount spent ten years ago.
Director Brown provided a brief explanation of the U.S. Census Bureau's 2010 Partner
Support Program, which disburses funds to the vendors providing products and services to its
partner organizations.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Flescher and O'Bryan opposed), the
Motion carried. The Board DENIED funding for the
promotional items for the Census 2010 Complete Count
Committee.
12.H. RECREATION -NONE
33
November 3, 2009
12.1. PUBLIC WORKS
12.1.1. APPROVAL OF BID AWARD FOR IRC BID No. 2010005 ANNUAL BID FOR
MAIN RELIEF CANAL POLLUTION CONTROL FACILITY SEDIMENTATION
SYSTEM DREDGING
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to approve the
Bid Award to EMC, Inc. as the lowest and most
responsive bidder meeting the specifications as set forth in
the Invitation to Bid; to authorize the Public Works
Department to enter into a master agreement with an
option for two (2) additional one (1) year extensions
subject to satisfactory performance, vendor acceptance,
and the determination that renewal of this annual bid is in
the best interest of Indian River County; and to approve
the Sample Agreement and authorize 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.
Commissioner O'Bryan asked whether the dredged material (sediment) that had already
piled up at the site was going to be hauled off, and Director Mora said it would be deposited at
the landfill.
Chairman Davis wondered whether an alternate use could be found for the sediment, and
Director Mora indicated that staff was open to suggestions.
34
November 3, 2009
Commissioner Solari noted that the project is keeping tons of phosphorous and nitrogen
out of the Indian River Lagoon, and requested that staff return with a brief presentation whereby
the public can be informed of this project, which is a real positive for the County.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously: (1) approved
the Bid Award to EMC, Inc. as the lowest and most
responsive bidder meeting the specifications as set forth in
the Invitation to Bid; (2) authorized the Public Works
Department to enter into a master agreement with an
option for two (2) additional one (1) year extensions
subject to satisfactory performance, vendor acceptance,
and the determination that renewal of this annual bid is in
the best interest of Indian River County; and (3) approved
the Sample 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
October 26, 2009.
12.1.2. FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) MAINTENANCE
MEMORANDUM OF AGREEMENT (MOA) AND AUTHORIZING RESOLUTION
FOR LANDSCAPE MAINTENANCE ALONG SR 60 FROM JUST WEST OF 1-95
INTERCHANGE (M.P. 22.389) TO .JUST WEST OF 82ND AVENUE
(M. P.23.923) FM # 228628-1-52-01
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November 3, 2009
Public Works Director Christopher Mora provided description and conditions on the
Florida Department of Transportation's (FDOT's) request for the County to maintain the
landscaping along SR60 west of the I-95 Interchange and west of 82nd Avenue. He revealed that
in response to the County's request, the FDOT has redesigned the area to include low
maintenance trees and turf, with generous areas of stamped concrete.
Chairman Davis expressed his preference to have the landscaping include more live oaks
than sable palms. He also wanted Director Mora to check the requirements of the Corridor Plan
and to explore with the FDOT, the possibility of using Bahia grass, which does well in dry
conditions.
Vice Chairman Flescher and Director Mora briefly discussed the irrigation system.
Commissioner O'Bryan pointed out that there is some attractive turf by Ace Hardware on
Oslo Road which might provide a good landscaping option.
Director Mora assured Commissioners that there was time to discuss these matters with
the FDOT.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously approved
Resolution 2009-167, authorizing the execution of
District Four Landscape Maintenance Memorandum of
Agreement for SR60 from just west of I-95 Interchange to
just west of 82nd Avenue (MP 22.389 to MP 23.923), FM
# 228628-1-52-01.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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November 3, 2009
12.1. PUBLIC WORKS
12.1.3. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Coastal Resource Manager Jonathan Gorham recalled that due to reports that the use of
upland sand would eventually cover an offshore reef, the volume of sand to be placed on certain
beach property (in the Towns of Indian River Shores and Orchid) was going to be substantially
reduced. He reported that upland sand suppliers have worked to process the sand equivalent to
the median grain size of the offshore material, and the design will proceed with the original
471,858 cubic yard volume of sand. Dr. Gorham reported that Coastal Technology, Inc. has
submitted a permit modification request to the Florida Department of Environmental Protection
(FDEP) and the U.S. Army Corps of Engineers on October 30, 2009, with a courtesy copy to the
local U.S. Fish and Wildlife Service. He presented a timetable of upcoming meetings with the
FDEP, U.S. Army Corps of Engineers, and the U.S. Fish and Wildlife Service, and credited the
State Legislative Delegation for helping to expedite the permitting process, noting that he has
never seen the State and Federal Agencies so responsive.
Dr. Gorham disclosed that the Bureau of State Lands has accepted the County's Mean
High Water Line Survey and the FDEP would be holding a public hearing on the establishment
of the Erosion Control Line, on December 14, 2009, several weeks sooner than staff had
anticipated. Concluding, Dr. Gorham conveyed that thus far, staff was moving forward on its
ambitious schedule for permit issuance in time to construct the beach renourishment project this
year.
Commissioner O'Bryan wanted to make sure that Indian River Shores was informed that
the full volume of sand would now be placed on their beaches, as its Council Members had sent
to the permitting agencies a letter of protest regarding the reduced volumes of sand that they
were going to get (because of the upland sand).
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November 3, 2009
Responding to Vice Chairman Flescher's query, Director Gorham elaborated on how the
upland sand material was brought up to the proper standards for the Beach Renourishment
Project.
No Board action taken or required.
12.J. UTILITIES SERVICES
12.J.1. WORK ORDER No. 2, Eco TECH, INC. - SPOONBILL MARSH SITE
MONITORING
Capital Projects Manager Michael Hotchkiss reviewed his memorandum of October 21,
2009 to provide background and analysis on staff's request to obtain monitoring services from
Ecotech Consultants, Inc., in accordance with the Industrial Waste Facility Permit issued for the
Spoonbill Marsh Wetland. He outlined the proposed duties and responsibilities of Ecotech,
which would include their submission of a report to the Florida Department of Environmental
Protection (FDEP) showing that County actions at the site have had a net positive environmental
benefit for all the water that is treated.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to approve Work
Order No. 2 with EcoTech Consultants, Inc. in the amount
of $97,880.00.
Commissioner Solari remarked that the Spoonbill Marsh Project, as opposed to a deep
well injection process, was much better for the environment, and thanked Mr. Hotchkiss and the
Utilities staff for their work.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved Work
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November 3, 2009
Order No. 2 with EcoTech Consultants, Inc. in the amount
of $97,880.00 (Spoonbill Marsh Site Monitoring), and
authorized the Chairman to execute the same, as
recommended in the memorandum of October 21, 2009.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12..12. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER
SERVICE, INDIAN RIVER COUNTY PROJECT No. UCP 4039, PRELIMINARY
ASSESSMENT RESOLUTIONS I AND II
James D. Chastain, Manager of Assessment Projects, briefed the Board on staff s request
to begin the assessment process associated with the Shell Lane East Gravity Sewer Project,
wherein the County will provide petition sewer service to ten (10) properties on Shell Lane East,
at a total estimated cost of $84,973.30. He thereafter presented staff's recommendation for the
Board to approve Preliminary Assessment Resolutions I and II, approving the preliminary
assessment roll and establishing the public hearing date.
Chairman Davis asked whether the project had come in over or under the anticipated
cost, and Director Chastain advised that the final cost would be bid out after the public hearing
on December 1, 2009.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-168, providing for sewer main
expansion to Shell Lane East (a portion of Summerplace)
in Indian River County, Florida; providing the total
estimated cost, method of payment of assessments,
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November 3, 2009
number of annual installments, and description of the area
to be served.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-169, setting a time and place at
which the owners of properties located along Shell Lane
East (a portion of Summerplace) in Indian River County,
Florida, and other interested persons, may appear before
the Board of County Commissioners of Indian River
County and be heard as to the propriety and advisability of
constructing the sewer main extension, as to the cost
thereof, as to the manner of payment therefor, and as to
the amount thereof to be specially assessed against each
property benefited thereby.
12..13. APPROVAL OF BID AWARD FOR IRC BID No. 2010011 ANNUAL BID FOR
UTILITY OPERATIONS WAREHOUSE STOCK
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to approve the
Bid Award to HD Waterworks and Ferguson Waterworks
as the two lowest and most responsive bidders meeting the
specifications as set forth in the Invitation to Bid.
Assistant Director of Utility Services Cindy Corrente addressed Commissioner
O'Bryan's question about North-South Supply, the Vero Beach bidder.
40
November 3, 2009
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved: (1)
the Bid Award to HD Waterworks and Ferguson
Waterworks as the two lowest and most responsive
bidders meeting the specifications as set forth in the
Invitation to Bid. The dual award gives the Utilities
Department the ability to take advantage of the best prices
for each item specified. At the time of order, when exact
items and quantity are known, the lowest cost and
availability will be used to determine vendor; (2)
authorized the Purchasing Division to issue blanket
purchase orders for the period of October 1, 2009 through
September 30, 2010 with the recommended bidders; and
(3) authorized the Purchasing Manager to renew this bid
for three (3) additional one (1) year periods subject to
satisfactory performance, vendor acceptance, and the
determination that renewal of this annual bid is in the best
interest of Indian River County, all as stated and
recommended in the memorandum of October 16, 2009.
13. COUNTY ATTORNEY MATTERS
13.A. PURCHASE OF CUMBERLAND FARMS SITE FOR THE OSLO ROAD
IMPROVEMENT PROJECT AND THE 27THAVENUEIMPROVEMENT PROJECT
Deputy County Attorney Bill DeBraal provided background information on this request
for acquisition of two parcels required for right-of-way and a stormwater retention pond for the
Oslo Road and the 27th Avenue Improvement Projects, respectively. He provided details on the
Final Judgment and Stipulated Order of Taking with Cumberland Farms, for the 1.06 acre
41
November 3, 2009
property located at the corner of Oslo Road and 27th Avenue, which the County would purchase
for $2,750,000 inclusive of all costs and fees. Attorney DeBraal noted that two conditions of the
Final Judgment included granting Cumberland Farms extended possession until at least July 1,
2010, and the requirement to continue negotiations with the Mary Rutz Trust (formerly the
Carden Estate) for the 1.4 acres of property required for the retention pond for the 27th Avenue
Project.
Attorney DeBraal addressed Chairman Davis's questions on whether the fuel tanks were
double walled and whether the road improvement projects would necessitate their removal.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, the Board unanimously accepted and
approved the Stipulated Order of Taking and Final
Judgment as to Cumberland Farms, as recommended in
the memorandum of October 28, 2009.
13. B. CONSIDERATION OF MEDIATED SETTLEMENT AGREEMENT FOR
PURCHASE OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF 66TH
AVENUE AND 57TH STREET
Attorney DeBraal provided an in-depth description and brought forward for Board
consideration, the Mediated Settlement Agreement reached between County staff and Steven,
Evan, and William Abazis, for the County's purchase of 9.803 acres located at the corner of 66th
Avenue and 57th Avenue for $805,000, plus $100,000 in appraisal, engineering, construction
contractor, and attorney's fees. He reported that the County requires Parcels 102 and 401, which
together comprise 6.210 acres or 63%; however, since over half of the parent parcel was being
acquired, the Abazis requested a taking of their entire 9.803 acre property. Attorney DeBraal
stated that the land acquisition would provide right-of-way on 66th Avenue, a stormwater
retention pond site, and allow the County to fulfill its obligation to the School Board (via an
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November 3, 2009
Interlocal Agreement) to construct a temporary turn lane onto 57th Street to service Storm Grove
Middle School. Attorney DeBraal noted that if the Mediated Settlement Agreement is not
approved, the turn lane project would be delayed until an Order of Take hearing can be brought
before the Court.
After questioning Attorney DeBraal, Commissioner Solari learned that the appraisal
provided by the Abazis and their attorneys, referrenced on page 471 of staff's report, which
values the Abazi property at $95,000 per acre, was not derived from a complete appraisal, but
from the "For Mediation Only" packet (copy on file), supplied by Brent Simon, Esquire; and
David Holloway, Esquire, the Abazis' attorneys. Commissioner Solari objected to the land
values set forth in the Mediation documents, which place the subject property at $95,000 per
acre, the same price paid by the School Board in 2005 at the height of the market, for the
property across 66th Avenue. Alluding to the current 25%-75% decline in property values, he
also opposed the additional $25,000 per acre cost desired by the Abazis because of the smaller
size of their parcel.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to DENY
approval of the Mediated Settlement Agreement with
Steven Abazis, William Abazis, and Evan Abazis.
Vice Chairman Flescher agreed with Commissioner Solari that the values provided for
the property purchased by the School Board did not reflect current market values. Additionally,
the values were not derived from a true appraisal, and the trees inventoried in the packet are very
costly.
Attorney DeBraal explained that normally when going to mediation, staff and the
opposing party exchange appraisals ahead of time. In this case, however, although he knew the
opposing side did not have a complete appraisal report, Attorney DeBraal chose to go ahead with
43
November 3, 2009
the mediation, instead of delaying it for another thirty or sixty days, because of the Interlocal
Agreement with the School District.
Chairman Davis felt that Attorney DeBraal had gone through the correct process by
undergoing the mediation process and bringing the Mediated Settlement Agreement back to the
Board for consideration. The mediations are now concluded, and the matter can proceed to
Court.
Assistant County Administrator Michael Zito provided a brief explanation of the
mediation process.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board unanimously
DENIED approval of the Mediated Settlement Agreement
with Steven Abazis, William Abazis, and Evan Abazis.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN
14.A.1. ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO TREASURE COAST
REGIONAL PLANNING COUNCIL (TCRPC)
Chairman Davis conveyed the request of the Treasure Coast Regional Planning Council
(TCRPC), for the County to submit its appointees, consisting of four members and four
alternates (two County, two Municipal) for next year, prior to its December 11, 2009
Organizational Meeting. He said the current policy is to rotate representation between a small
city and a large city. Chairman Davis asked Commissioners if they wanted to leave the process
in place, or craft another type of policy.
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November 3, 2009
Commissioner Wheeler, sitting Chairman of the TCRPC, wanted to see on the TCRPC
those individuals who were interested in the Council.
Chairman Davis clarified that he was not talking about individuals, but rather the two
municipalities who would be chosen to serve as representatives of the County, along with the
two County Commissioner and two alternate Commissioner members.
Commissioner O'Bryan believed that when Mayor Sabin Abell, City of Vero Beach, put
this together, his intention was to have on the Council a large city with a small city. He believed
that in the upcoming year it would be the City of Vero Beach's turn as the large city, and either
Fellsmere or the Town of Orchid as the small city, as the Town of Indian River Shores was
currently on the Council.
There were no objections from the Commissioners, and Chairman Davis remarked that
no formal action would be taken at this time, but it was good to know in advance who would be
serving this year on the TCRPC. He noted that the actual individuals could be chosen at a later
time.
14.B. COMMISSIONER JOSEPH E. FLESCHER-NONE
14. C. COMMISSIONER GARY C. WHEELER -NONE
14.D. COMMISIONER PETER D. O'BRYAN
14.D.1. FLORIDA ASSOCIATION OF COUNTIES (FAC) LEGISLATIVE
CONFERENCE
Deleted.
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November 3, 2009
14.D. 2. LETTER OF INTENT
Commissioner O'Bryan expressed confidence that the Sector 3 Beach Renourishment
Project would be constructed this year, and felt that the upland sand suppliers would now have to
spend significant amounts of money to begin processing and stockpiling the required sand, so the
project can commence right after the County receives its permit from the Florida Department of
Environmental Protection (FDEP). Since Ranger Construction Industries, Inc. (the contractor
approved by the Board for the project), has no formal written commitment from the
Commission, he wondered if the Board could issue some type of Letter of Intent to Ranger that
codifies the Contract Award in writing, contingent upon approval of the permit modification to
use the upland sand source. Commissioner O'Bryan noted that Ranger Construction could take
the proposed Letter of Intent to their bank or lender.
Attorney Collins saw no problem with issuing a Letter of Intent, provided the language
parallels that already in the bid documents, that the County would enter into a contract within
five (5) days after the FDEP issues the permit.
Bob Schafer, Vice President of Ranger Construction, affirmed that the bid documents
were written such that had the offshore contractor been chosen, the County would have already
had to write them a contract, even though the permit was not yet in hand. He asked Attorney
Collins to review the language in the bid documents to see if a contract, pending permit approval,
could be written to Ranger at this point.
Administrator Baird suggested that Attorney Collins research this matter, and bring it
back before the Board at the November 10, 2009 County Commission meeting.
A brief discussion ensued during which staff and Commissioners considered whether to
have Attorney Collins draft the Letter of Intent now, or to bring it back for Board approval next
week.
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November 3, 2009
Mr. Schafer agreed to wait another week for the letter.
Since his brother owns a sand mine, Chairman Davis announced he would abstain from
voting and requested that Vice Chairman Flescher execute the subject document after its
approval.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, for the County
Attorney to bring to the November 10, 2009 Board of
County Commission meeting for Board approval, a
"Letter of Intent" to enter into a contract with Ranger
Construction Industries, Inc., to be executed by the Vice
Chairman, for the Sector 3 Beach Renourishment Project,
within five (5) days after final permit issuance by the
Florida Department of Environmental Protection (FDEP).
Commissioner Solari was concerned that the FDEP might issue the permit with less
quantities of sand than was specified in the County's application. This sparked further
discussion on whether the Letter of Intent should include permit approval authorizing a specific
amount of sand.
Dr. Gorham advised that the FDEP would either approve or deny the permit as per the
modified application which was submitted, but they could not issue the permit for less sand; if
they stipulated less sand, it would have to be with the consent of the applicant.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Chairman Davis recused himself), the Motion
carried. The Board directed the County Attorney to bring
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November 3, 2009
to the November 10, 2009 Board of County Commission
meeting for Board approval, a "Letter of Intent" to enter
into a contract with Ranger Construction Industries, Inc.,
to be executed by the Vice Chairman, for the Sector 3
Beach Renourishment Project, within five (5) days after
final permit issuance by the Florida Department of
Environmental Protection (FDEP).
(Clerk's Note: Form 8B, Memorandum of Voting Conflict for County, Municipal, and
other Local Public Officers, is on file in the office of the Clerk to the Board.)
14.E. COMMISSIONER BOB SOLARI-NONE
15. SPECIAL DISTRICTS AND BOARDS
15. A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15.B.1. APPROVAL OF MINUTES OF REGULAR MEETING OF SEPTEMBER 15, 2009
15.B.2. INDIAN RIVER CORRECTIONAL INSTITUTION'S REQUEST FOR SOLID
WASTE ASSESSMENT ADJUSTMENT
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November 3, 2009
15. C ENVIRONMENTAL CONTROL BOARD
The Chairman announced that immediately upon adjournment of the Solid Waste
Disposal District Meeting, the Board would reconvene as the Board of Commissioners of the
Environmental Control Board. Those Minutes are being prepared separately.
15. C.1. APPROVAL OF MINUTES OF REGULAR MEETING OF AUGUST 18, 2009
15.C.2. QUARTERLY REPORT FOR THE 4771 QUARTER — FISCAL YEAR 2008-
2009 FOR SUBMISSION TO THE BOARD OF COUNTY COMMISSIONERS
15. C.3. RELEASE OF LIEN — SHELBY HOMES AT OSLO, INC., ENVIRONMENTAL
CONTROL HEARING BOARD CASE 434-08
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 3:31
p.m.
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November 3, 2009
ATTEST:
. Barton, Clerk Wesley S. Davis, Chairman
Minutes Approved: JAN 0 5 2010
BCC/MG/2009Minutes
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November 3, 2009