HomeMy WebLinkAbout11/03/2009 (5)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF NOVEMBER 10, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2009 AS
VETERANS DAY 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15, 2009 AS
AMERICA RECYCLES DAY 2
5.C. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15TH THRU
NOVEMBER 21, 2009 AS NATIONAL HUNGER AND HOMELESSNESS AWARENESS
WEEK 2
6. APPROVAL OF MINUTES - NONE 2
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November 10, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. RESIGNATION AND APPOINTMENT TO UTILITY ADVISORY COMMITTEE 3
7.B. SURVEY SERVICES: PURCHASE ORDERS PROCESSED AUGUST 11, 2009
THROUGH NOVEMBER 3, 2009 (MEMO NO. 3) 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 23, 2009 TO OCTOBER 29,
2009 3
8.B. 318.18(13) FLORIDA STATUTES ASSESSMENT OF ADDITIONAL COURT COSTS
QUARTERLY SUMMARY 4
8.C. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED FOR 43RD AVENUE
RIGHT-OF-WAY FROM DONALD F. MEEKS AND JANE W. MEEKS 4
8.D. PROCLAMATION AND RETIREMENT AWARD HONORING JENNIE HADSELL ON
HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS AND SANDRIDGE GOLF CLUB 5
8.E. PROCLAMATION AND RETIREMENT AWARD HONORING LEA R. KELLER ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS EFFECTIVE SEPTEMBER 30, 2009 5
8.F. AUTHORIZATION TO ATTEND GFOA ANNUAL CONFERENCE 5
8.G. AGREEMENT WITH IRC/POINTE WEST/PYROTECNICO FOR FIREWORKS 6
8.H. RIGHT-OF-WAY ACQUISITION, LAWRENCE E. AND CORINE H. TRAPP, 5755 58TH
AVENUE, VERO BEACH 6
8.I. FINAL PAY AND RELEASE OF RETAINAGE TO H&D CONSTRUCTION CO., INC.
FOR SR60 PHASE 3 IMPROVEMENTS, BID NO. 2009027 — UCP#3098 7
8.J. AMBERSAND BEACH NOURISHMENT - SECTORS 1 AND 2 FDEP GRANT
AGREEMENT NO. 07IR3 — AMENDMENT NO. 2 7
8.K. ACCEPTANCE OF PERMANENT EASEMENT FOR DRAINAGE 8
8.L. VERO LAGO PHASES 2, 3 AND 5 CONSENTS TO ASSIGNMENT OF SIDEWALK
CONTRACTS BY SUCCESSOR DEVELOPER, CORONA VERO LAGO LLC, A
DELAWARE LIMITED LIABILITY COMPANY 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 9
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November 10, 2009
9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009 9
9.B. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009 9
9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009 10
9.D. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009 10
9.E. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF CONSTITUTIONAL OFFICER
FINANCIAL REPORT FOR FISCAL YEAR 2008-2009 11
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARING 11
10.B. PUBLIC DISCUSSION ITEMS 16
10.C. PUBLIC NOTICE ITEMS 17
11. COUNTY ADMINISTRATOR'S MATTERS - NONE 17
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT - NONE 17
12.A.1. REQUEST FOR BOARD AUTHORIZATION FOR STAFF TO UNDERTAKE A COUNTY
INITIATED REZONING TO CHANGE ALL IG PROPERTY IN GIFFORD TO IL 17
12.B. EMERGENCY SERVICES - NONE 21
12.C. GENERAL SERVICES - NONE 21
12.D. HUMAN RESOURCES - NONE 22
12.E. HUMAN SERVICES - NONE 22
12.F. LEISURE SERVICES - NONE 22
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 22
12.H. RECREATION - NONE 22
12.I. PUBLIC WORKS 22
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 22
12.J. UTILITIES SERVICES 23
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November 10, 2009
12.J.1. CONSULTING ENGINEERING SERVICES WORK ORDER NO. 9 WITH SCHULKE, BITTLE
& STODDARD, L.L.C. FOR A MASTER PLAN 12" WATER MAIN EXTENSION
ALONG 53RD ST. FROM LATERAL "H" CANAL TO INDIAN RIVER BLVD AND
ALONG OLD DIXIE HWY. NORTH AND SOUTH OF 53RD ST. — UCP -4035 23
13. COUNTY ATTORNEY MATTERS 24
13.A. PROPOSED LETTER " NOTICE OF INTENT TO AWARD" SECTOR 3 BEACH AND
DUNE RESTORATION PROJECT 24
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 25
14.B. COMMISSIONER JOSEPH E. FLESCHER - NONE 25
14.C. COMMISSIONER GARY C. WHEELER - NONE 25
14.D. COMMISIONER PETER D. O'BRYAN - NONE 25
14.E. COMMISSIONER BOB SOLARI - NONE 25
15. SPECIAL DISTRICTS AND BOARDS 25
15.A. EMERGENCY SERVICES DISTRICT - NONE 25
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 25
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 25
16. ADJOURNMENT 26
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November 10, 2009
JEFFREY K. BARTON
Clerk to the Board
November 10, 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 10, 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 Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Derrick West, First Baptist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Administrator Baird led the Pledge of Allegiance to the Flag.
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November 10, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -
NONE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 11, 2009 AS VETERANS
DAY
Commissioner O'Bryan read the Proclamation into the record.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15, 2009 AS AMERICA
RECYCLES DAY
Vice Chairman Flescher read and presented the Proclamation to the Solid Waste Disposal
District staff.
S. C. PRESENTATION OF PROCLAMATION DESIGNATING NOVEMBER 15TH THRU NOVEMBER
21, 2009 AS NATIONAL HUNGER AND HOMELESSNESS AWARENESS WEEK
Commissioner Solari read and presented the Proclamation to Tracy Carroll and Roger
Sobkowiak, who accepted on behalf of the Homeless Family Center. He thanked the Board and
provided their website www.homelessfamilycenter.org.
6. APPROVAL OF MINUTES - NONE
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November 10, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATION AND APPOINTMENT TO UTILITY ADVISORY COMMITTEE
Commissioner O'Bryan appointed Charles W. Jenkins as the District 4 Appointee to the
Utility Advisory Committee. Mr. Jenkins replaces Robert W. Pickett, who resigned on October
29, 2009.
7.B. SURVEY SERVICES: PURCHASE ORDERS PROCESSED AUGUST 11, 2009 THROUGH
NOVEMBER 3, 2009 (MEMO No. 3)
Noted for the record were the Purchase Orders processed for survey requests to
consulting firms for $15,000.00 or less:
(1) Trans Florida Greenway, DEP Grant Application
(2) 43rd Avenue Improvement Project (8th St. to 18th St. — ROW Acquisitions)
(3) Oslo Roadway Improvements Project — Phase 3. 43rd Avenue to 58th Avenue
(4) 66th Avenue Roadway Improvement Project — 57th Street to Barber Street (Kimley-
Horn).
8. CONSENT AGENDA
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Consent Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES OCTOBER 23, 2009 TO OCTOBER 29, 2009
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November 10, 2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of October 23, 2009
to October 29, 2009, as requested in the memorandum of
October 29, 2009.
8.B. 318.18(13) FLORIDA STATUTES ASSESSMENT OF ADDITIONAL COURT COSTS
QUARTERLY SUMMARY
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
accepted the Assessment of Additional Court Costs
Quarterly Summary, as requested in the memorandum of
November 2, 2009.
8.C. RESOLUTION CANCELLING TAXES ON PROPERTY ACQUIRED FOR 43RD A VENUE
RIGHT -OF- WAY FROM DONALD F. MEEKS AND JANE W. MEEKS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Resolution 2009-170, cancelling certain taxes
upon publicly owned lands, pursuant to Section 196.28,
Florida Statutes. (43rd Avenue - Donald F. Meeks and
Jane W. Meeks)
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November 10, 2009
8.D. PROCLAMATION AND RETIREMENT AWARD HONORING JENNIE HADSELL ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS AND
SANDRIDGE GOLF CLUB
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Proclamation and Retirement Award
honoring Jennie Hadsell on her retirement from the Indian
River County Board of County Commissioners and
Sandridge Golf Club.
8.E. PROCLAMATION AND RETIREMENT AWARD HONORING LEA R. KELLER ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
EFFECTIVE SEPTEMBER 30, 2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Proclamation and Retirement Award
honoring Lea R. Keller on her Retirement from Indian
River County Board of County Commissioners, effective
September 30, 2009.
8.F. AUTHORIZATION TO ATTEND GFOA ANNUAL CONFERENCE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved out of town travel for County Administrator Joe
Baird to attend the 104th Government Finance Officer's
Association (GFOA) Annual Conference and Pre -
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November 10, 2009
Conference Seminars in Atlanta, Georgia, from June 4,
2010 through June 9th, 2010, as recommended in the
memorandum of November 3, 2009.
8.G. AGREEMENT WITHIRC/POINTE WEST/PYROTECNICO FOR FIREWORKS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Contract with Pyrotecnico of Florida, LLC,
and Point West of Vero Beach for a fireworks display, and
authorized the County Administrator or his designee to
execute same, along with Pointe West as co-sponsor, as
recommended in the memorandum of October 20, 2009.
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.H. RIGHT-OF-WAY ACQUISITION, LAWRENCE E. AND CORINE H. TRAPP, 5755 58TH
A VENUE, VERO BEACH
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Alternative No. 1, to purchase required right-of-
way from Lawrence E. and Corine H. Trapp, for a
purchase price of $1,980.00, and authorized the Chairman
to execute the Agreement, as recommended in the
memorandum of October 21, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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November 10, 2009
8.L FINAL PAY AND RELEASE OF RETAINAGE TO H&D CONSTRUCTION CO., INC. FOR
SR6O PHASE 3 IMPROVEMENTS, BID No. 2009027— UCP#3098
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the total amount of $1,023,746.24 for
construction, and Pay Request No. 5 Final for $76,386.06
to H&D Construction Co., as recommended in the
memorandum of October 13, 2009.
8.J. AMBERSAND BEACH NOURISHMENT — SECTORS 1 AND 2 FDEP GRANT AGREEMENT
No. 071R3 — AMENDMENT NO. 2
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Amendment No. 2 to FDEP Ambersand Beach
Nourishment Project Agreement No. 07IR3, and
authorized the Chairman to execute same. Local funding
of beach restoration includes a portion of Local Option
Tourist Tax Revenue as well as allocation of the One -Cent
Sales Tax. The additional $278,104 local match
requirement under Grant Amendment No. 2 is available
and budgeted in the Beach Restoration Fund, as
recommended in the memorandum of November 2, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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November 10, 2009
8.K. A CCEPTANCE OF PERMANENT EASEMENT FOR DRAINAGE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
accepted the Perpetual Drainage Easement from Robert
Hamilton, and authorized the Chairman to execute same,
as recommended in the memorandum of November 2,
2009. (Property is adjacent the Realtors Association
building at U.S. 1 and Quay Dock Road).
COPY OF EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. VERO LAGO PHASES 2, 3 AND 5 CONSENTS TO ASSIGNMENT OF SIDEWALK
CONTRACTS BY SUCCESSOR DEVELOPER, CORONA VERO LAGO LLC, A DELAWARE
LIMITED LIABILITY COMPANY
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Consent to Assignment of Contract for
Construction of Required Sidewalk Improvements for
Vero Lago Phases 2, 3, and 5, and authorized the
Chairman to execute same, as recommended in the
memorandum of November 2, 2009. (Original developer
was Centex Homes)
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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November 10, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
9.A. JEFFREY K. BARTON, INDIAN RIVER COUNTY CLERK OF CIRCUIT COURT
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009
Chief Deputy Clerk Jeff Smith, on behalf of County Clerk of Court Jeffrey Barton,
informed the Board of the significant shift in court operations: the change from County to the
State, the fiscal year change from September 30th to June 30th, and the fact that this has created
two sets of books. He reported that the fund balance of $108,520 is due to the State for the
period of July through September for court operations, and that there would be no remaining
funds to return to the County. He revealed that 18 positions were eliminated and that the
obligation to pay unemployment benefits remained.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously accepted
the Financial Report of the Indian River County Clerk of
the Circuit Court for fiscal year 2008-2009, as submitted
under cover of letter dated October 27, 2009.
9.B. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009
County Tax Collector Carole Jean Jordan introduced her staff, spoke about the recent
transitions and changes in her Department, and informed the Board that the Tax Collector Office
would be returning to the County $3,423,461 in unexpended funds. At the request of Chairman
Davis, she updated the Board on the status of the new Drivers License Program.
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November 10, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously accepted
the Financial Report of the Indian River County Tax
Collector for fiscal year 2008-2009, returning unexpended
funds in the amount of $3,423,461, as submitted under
cover of letter dated October 28, 2009.
9.C. DAVID C. NOLTE, INDIAN RIVER COUNTY PROPERTY APPRAISER
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009
ON MOTION by Commissioner Wheeler, SECONDED
by Chairman Davis, the Board unanimously accepted the
Financial Report of the Indian River County Property
Appraiser for fiscal year 2008-2009 as submitted under
cover of letter dated October 28, 2009.
9.D. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
accepted the Financial Report of the Indian River County
Supervisor of Elections for fiscal year 2008-2009,
returning funds in the amount of $1,683.99 as submitted
under cover of letter dated October 30, 2009.
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November 10, 2009
9.E. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
CONSTITUTIONAL OFFICER FINANCIAL REPORT FOR FISCAL YEAR 2008-2009
Sheriff Deryl Loar provided an overview of his budget, the money his Department saved
throughout the year, attrition rates, the money received from state and federal grants, and what he
intends to include in his Five -Year Plan. He thereafter presented a check to the County in the
amount of $264,192.01.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
accepted the Financial Report of the Indian River County
Sheriff's Office for fiscal year 2008-2009, returned funds
in the amount of $264,192.01, as submitted under cover of
letter dated October 28, 2009.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. CONSIDERATION OF AN ORDINANCE EXTENDING THE PD
(PLANNED DEVELOPMENT) ZONING REVERTER DEADLINES FOR THE
LIBERTY PARK, MANDALA CLUB, TURTLE CREEK PRESERVE, AND
SUNNYSIDE UP DEVELOPMENTS (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Planning Director Stan Boling recapped his memorandum of October 27,
2009. He provided background and an explanation of how this Ordinance would affect the
Planned Development (PD) projects. He pointed out the details of extending the PD reverter
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November 10, 2009
deadlines attached to the four projects, and disclosed that the Ordinance would extend the
deadlines as follows: Liberty Park PD — October 14, 2018; Mandala Club PD — May 17,
2011; Turtle Creek Preserve PD — April 4, 2014; and Sunnyside Up PD — January 20, 2022.
The Chairman opened the Public Hearing.
Carolyn Corum, Dolores Street, Sebastian, thought each PD project should be voted on
separately since one of the projects would bring approximately 990 homes into the County,
creating a negative effect on the economy. She encouraged the Board to consider industrial
development within the County to improve the economy.
Joe Paladin, President of Black Swan Consulting, felt the quality of the Liberty Park
project was excellent, but questioned the timing. He did not feel the project should be singled
out.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
adopted Ordinance 2009-020, extending the deadline by
three years for planned developments to commence
construction or have their zoning reverted to the site's
original (pre -planned development approval) zoning; and
providing for effective date.
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November 10, 2009
1O.A.2. VICTOR MUNOZ'S REQUEST FOR ABANDONMENT OF A
PORTION OF 59TH AVENUE LYING NORTH OF 24TH STREET (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling outlined his memorandum dated October 23, 2009, presenting Victor
Munoz's request to abandon the segment of 59th Avenue, north of 24th Street. He said the 59th
Avenue right-of-way was created by Rivera Estates subdivision in 1979, and that it was platted
as a stub -out to an adjacent property. Currently the right-of-way is unimproved and stubs out to
a vacant property that is approved for development as Sunnyside Up. He thereafter responded to
Commissioner O'Bryan's questions and concerns pertaining to Sunnyside Up's vehicular and
pedestrian connectivity.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to deny staff's
recommendation to abandon the right-of-way.
Commissioner Wheeler voiced his concerns regarding interconnectivity, and believed this
abandonment to be premature due to the current economy and decline in building. He wanted
the subject right -of way to remain for future connectivity.
Discussion ensued regarding the applicant reapplying at a later date, and the possibly of
waiving the application fee.
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November 10, 2009
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board DENIED staff's
recommendation to abandon the right-of-way segment of
59th Avenue lying north of 24th Street.
1O.A.3. COUNTY INITIATED REQUEST TO AMEND THE CAPITAL
IMPROVEMENTS ELEMENT OF THE COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating summarized the memorandum of
November 2, 2009. Through a PowerPoint presentation (copy on file), he provided: (1)
background on the Comprehensive Plan; (2) the purpose for the Comprehensive Plan Text
Amendment; (3) the Capital Improvements Element (CIE) preparation; (4) the projected revenue
sources for the Five Year Capital Improvements Program (CIP) period; (5) the Transportation
Capital Improvements Program (CIP); and (6) the Concurrency Links Report for priority
Transportation projects. He conveyed that since the County has less revenue to work with in the
next five years, compared to the past five years, that some projects are proposed to be deferred,
extended, modified or deleted from the Comprehensive Plan. He acknowledged that the
County's level of service standards, even with the reduced level of capital improvements, would
be met, and that the CIE, as presented, is financially feasible and internally consistent with the
other elements in the Comprehensive Plan. He recommended the Board approve this
Amendment to the Capital Improvements Element by adopting the proposed Ordinance.
A series of questions was asked pertaining to: the status of the bridges over Lateral A
Canal, revenue attributed to Grants, using District revenues for Fire Station 14, adding an
additional Courtroom at the Courthouse, and an additional hangar for the Sheriff's Office.
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November 10, 2009
Chairman Davis asked staff to send a letter to the Districts informing them of the sales
tax for Emergency Services.
Commissioner Wheeler thought the Board should consider purchasing property in the
vicinity of the Courthouse for future expansion, now that the economy is down. He felt the new
hangar should be built at the Sheriff's Complex, not on City property, because in the future it
reverts back to the City.
Staff responded to Commissioner Solari's inquiries regarding the commitment of the six -
cent sales tax for the five-year plan; when the State would start making the quarterly payments
for the 66th Avenue and 82nd Avenue segment; building future greenway systems that would
enhance communities; and the lack of operating/replacement costs for rolling stock in the Budget
(for Emergency Services). Thereafter, he mentioned on the level of service that the recycling
was increased by 16% and that the garbage was reduced by 12%. He said if we could have more
years of increased recycling, which would decrease the garbage pickup, then the level of service
of 2.2 tons per capita could be reduced, which should be a goal of the Solid Waste Project. He
also felt that if we could push water usage down in the household then the capital portion of the
plan decreases significantly.
Commissioner Wheeler thought it would be good if the building codes could be reviewed
regarding the amount of water wasted due to hot water tanks being installed at the opposite end
of the building's bathroom.
The Chairman opened the Public Hearing. There being no speakers, the Chairman closed
the Public Hearing.
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November 10, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
adopted Ordinance 2009-021, amending the text of the
Comprehensive Plan's Capital Improvements Element,
and providing severability and effective date.
The Chairman called a break at 10:22 a.m. and reconvened the meeting at 10: 38 a.m.,
with all members present.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING
RE -REVIEW AFTER THE FACT PERMITS AND SETBACK REQUIREMENTS
William Wells, 8800 44th Avenue, Sebastian, provided handouts to Vice Chairman
Flescher and the Clerk (on file), and outlined his objections to the rules and setback requirements
of a neighboring property regarding a dock extension, front wall, side fence, seawall, and pool
house.
Chairman Davis shared with Mr. Wells, what he believed to be the most productive
procedure/approach for handling his concerns.
Mr. Wells described his objective and felt the rules should be consistent for everyone.
Commissioner Wheeler said that in order for the Board to make a decision, they would
need to understand his objective, receive staff's input, and hear the facts regarding both sides.
He suggested Mr. Wells work with Vice Chairman Flescher, so this can be directed to staff, and
brought back to the Board at a later date.
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November 10, 2009
10.C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING
NOVEMBER 17, 2009: REQUIRING REGISTERED SEX OFFENDERS TO
IDENTIFY THEMSELVES AS REGISTERED SEX OFFENDERS UPON ENTRY
INTO AN EMERGENCY SHELTER (LEGISLATIVE)
Attorney William Collins II, read the Notice into the record.
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT - NONE
12.A.1. REQUEST FOR BOARD AUTHORIZATION FOR STAFF TO UNDERTAKE A COUNTY
INITIATED REZONING TO CHANGE ALL IG PROPERTY IN GIFFORD TO IL
Community Development Director Bob Keating, using a PowerPoint Presentation,
recapped his Memorandum dated October 29, 2009. He explained the conditions of how this
item would rezone all the General Industrial (IG) property in Gifford to Light Industrial (IL). He
provided property history, spoke about the Prestige Concrete site plan which is currently zoned
as IG, meetings that were held between staff and community representatives, rezoning issues,
and the alternatives for going forward. Director Keating addressed the situation where residents
of the Gifford community were not aware of the concrete plant site plan, provided the Board
with the rezoning process, alternatives, and recommended that staff work closely with the
Gifford community to identify the IG uses that are a concern to the community, and to change
those uses from permitted to conditional uses, with specific land use criteria that will minimize
the impacts.
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November 10, 2009
Director Keating responded to the Commissioners' questions and concerns regarding
rezoning, and the notification of surrounding property owners.
Attorney Collins clarified that the Bert Harris Act would apply to an Ordinance
Amendment, such as rezoning, and that it does not get implicated when someone applies for a
site plan that is either approved or denied because it does not meet the existing criteria. He
further advised that there is a cause of action for each property owner if they feel the action of
the government, through adoption of an Ordinance, had diminished the value of their property.
Commissioner Solari commented on Gifford's IG zoned land, the affordable housing, and
the necessity for Gifford to have the middle and upper -middle classes to build the type of
community that the people want to live in. He justified that building a better community
increases all land values, and that the Treasure Coast Brownsfields Program might be the right
project for reshaping Gifford.
Commissioner O'Bryan felt there should be opportunities for better jobs in the
community, and was not in favor of a "blanket change." He felt the zoning on industrial areas
needs to be held, and voiced concerns over losing businesses due to increased restrictions.
The Chairman opened the floor to public comments.
Joe Idlette, III, 4570 57th Avenue, President of the Progressive Civic League, voiced
disappointment with the lack of notification on the concrete plant site plan, and expressed
concerns over safety issues associated with the plant.
Commissioner Wheeler questioned staff regarding the notification of individuals for
rezoning and special exception uses. Director Keating clarified that staff notifies individuals and
Property Owner Associations that are within the radius of 300 feet from a particular site.
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November 10, 2009
Freddie Woolfork, 4590 57th Avenue, conveyed that he is pro jobs, and emphasized
concern over rezoning and putting a concrete plant in the middle of the Gifford neighborhood.
He supported the plant but not the location, and gave his reasons why.
There was a brief discussion regarding staff's recommended alternative, and the amount
of IG zoned property in Gifford.
Tony Brown, 4159 57th Court, President of the Indian River County National
Association for the Advancement of Colored People (NAACP), spoke in opposition to rezoning
163 acres of IG zoned property in Gifford to IL. He thereafter voiced concerns over the concrete
plant emitting air and ground contaminants, and asked the Board to do the right thing by
protecting the community. Mr. Brown provided the Clerk with Indian River County NAACP
Gifford Progressive Civic League Resident Petitions (on file), opposing the construction of the
proposed Prestige AB Ready Mix Concrete Plant.
Commissioner Wheeler believed that the negatives of innocence from the past have since
become positives, and that even though Gifford is not an incorporated city, he felt they had
excellent representation, and that it would be advantageous to treat them as a Municipality. He
supported the recommendation for staff to work with the Gifford community, particularly the
Progressive Civic League, and the NAACP, to work out the details, and bring the negotiation
package back to the Board for discussion.
Chairman Davis felt that it was an educational process to learn the appeals process, and
suggested Administrator Baird attend monthly Progressive Civic League meetings to explain
what and why things happen, and the appeal process.
Althea McKenzie questioned the process and comments made earlier by staff. She
spoke about contamination issues with the concrete plant, the Land Use Element designating
Gifford as a residential area, the lack of resident notification, and provided details of the Gifford
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November 10, 2009
Neighborhood Plan. She asked the Board to give a commitment to the people of Gifford, and to
do the right thing for the welfare and reputation of the County.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, for discussion,
to: (1) work with the Gifford community and the major
civic groups (i.e. Progressive Civic League, NAACP,
PACE, Front Porch Association, etc.); (2) develop a series
of recommendations for IG uses and other ancillary issues;
and (3) bring the recommendations back to the Board.
Commissioner Solari did not want the process rushed since it deals with a series of
difficult issues. He wanted this shaped as the beginning of a dialog to build a better Gifford
community, and to be part of our opening commitment to help with the community
Vice Chairman Flescher wanted to add to the motion that staff clearly analyzes the
differences between IG and IL uses, and the financial impacts on the Gifford community.
Commissioner Solari AMENDED HIS MOTION to
include that staff analyze the differences between IG and
IL uses and identify the impacts to the Gifford
community
Thomas Lang, Development Manager from Prestige AB Ready Mix Concrete, conveyed
that his company was not coming to Vero Beach to be a detriment to any community, and
encouraged opening a dialogue between Gifford and the County.
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November 10, 2009
Andy Bowler, President/CEO Indian River Habitat for Humanity, stated that his
organization owns property north of the Gifford community, and that his organization had not
received notice of the concrete project. He requested staff to add his name to the mailing list,
and include him in future discussions.
Crystal Bujol supported Commissioner Wheeler's comment that Gifford should be a
Municipality. She asked the Board to put it into a motion with a time certain.
Commissioner Wheeler said he would contact the Legal Office to obtain direction, and
bring this back to the Board for discussion.
The Chairman closed the floor to public comment.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff to:
(1) work with the Gifford community and the major civic
groups (i.e. Progressive Civic League of Gifford, NAACP,
PACE, Front Porch Association, etc.); (2) develop a series
of recommendations for IG uses and other ancillary issues;
(3) bring the recommendations back to the Board; and
(4) analyze the differences between IG and IL uses and
identify the impacts to the Gifford community.
The Chairman called a break at 12:30 p.m. and reconvened the meeting at 12:46 p.m.,
with all members present.
12. B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
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November 10, 2009
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12. H. RECREATION - NONE
12.1. PUBLIC WORKS
12.1.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT
Jonathan Gorham, Coastal Resource Manager, provided the Board with an update on the
permanent modification process, the purpose and focus of the meetings held with Federal and
State agencies, and the issues of uncertainty regarding how the proposed upland sand material
would perform on the beach with sea turtle nesting and reproduction. He reported that the
agencies were reluctant to place untested material on the Archie Carr National Wildlife Refuge,
and would feel more comfortable with a "phased" approach to the Sector 3 Beach
Renourishment Project, where a portion of the project could be built this year using the upland
sand material, and sea turtle nesting success could be monitored following the construction.
Under the phased approach, the southern portion of the project (south of Golden Sands Park)
would start the first phase. Dr. Gorham said the Florida Department of Environmental Protection
(FDEP) had indicated that they would support a phased approach if the Federal Agencies and
County agrees to it. He recommended the Board proceed with permitting, use the original
offshore sand source, and use a phased approach, which would allow the County to proceed
without delay, as well as allow the opportunity to address and demonstrate that the upland sand
22
November 10, 2009
material is good for sea turtle nesting, before it is placed in the critical nesting areas of the
Archie Carr Refuge.
There was a brief discussion regarding the comparative nesting data for the Archie Carr
Refuge, the recommendation and process, turtle research data, and truck traffic.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board by a 4-0 vote
(Chairman Davis recused himself) approved staff's
recommendation to move forward with the Sector 3 Beach
Renourishment Project using the Phased approach.
(Clerk's Note: Form 8B, Memorandum of Voting Conflict for County, Municipal, and
other Local Public Officers, for Chairman Davis, is on file in the office of the Clerk to the
Board.)
12.J. UTILITIES SERVICES
12..7.1. CONSULTING ENGINEERING SERVICES WORK ORDER NO. 9 WITH SCHULKE, BITTLE
& STODDARD, L.L.C. FOR A MASTER PLAN 12" WATER MAIN EXTENSION ALONG
53RD ST. FROM LATERAL "H" CANAL TO INDIAN RIVER BLVD AND ALONG OLD DIXIE
HWY. NORTH AND SOUTH OF 53RD ST - UCP -4035
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved Work Order No. 9 with Schulke, Bittle &
Stoddard, LLC in the amount of $59,470.000 for
construction management and inspection services
associated with the 53rd Street 12" Master Plan Water
Main Project and road improvement utility conflict
23
November 10, 2009
relocations, and authorized the Chairman to execute same,
as recommended in the memorandum of October 23,
2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. PROPOSED LETTER n NOTICE OF INTENT TO A WARD Fr SECTOR 3 BEACH AND DUNE
RESTORATION PROJECT
Attorney Collins recalled that the Board had directed his office to prepare a proposed
"Notice of Intent to Award" letter for review regarding the award of the Beach Renourishment
Contract for Sector 3 to Ranger Construction Industries, Inc., and recommended the Board
approve the letter as presented in the backup.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board by a 4-0 vote
(Chairman Davis recused himself) approved issuance of
the Notice of Intent to Award letter to Ranger
Construction Industries, Inc., as recommended in the
memorandum of November 5, 2009.
(Clerk's Note: Form 8B, Memorandum of Voting Conflict for County, Municipal, and
other Local Public Officers, for Chairman Davis, is on file in the office of the Clerk to the
Board.)
Bob Schafer, Vice President of Ranger Construction Industries, Inc. confirmed that he
had reviewed the letter and found it to be appropriate.
24
November 10, 2009
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISIONER PETER D. O'BRYAN - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15. C ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
This area was intentionally left blank.
November 10, 2009
25
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
1:05 p.m.
ATTEST:
(3ct).'cp
Jeffrey K. Barton, Clerk Wesley S. Davis, Chairman
Minutes Approved: JAN 0 5 2010
BCC/LAA/2009Minutes
26
November 10, 2009