HomeMy WebLinkAbout12/02/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 2, 2008
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
S.A. PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE INDIAN RIVER
COUNTY RECREATION DEPARTMENT 2
5.B. PRESENTATION BY THE INDIAN RIVER COUNTY RECREATION DEPARTMENT ON
THE STATE OF FLORIDA SPECIAL OLYMPICS STATE AQUATICS CHAMPIONSHIP
EVENT 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF OCTOBER 7, 2008 3
6.B. SPECIAL CALL MEETING OF OCTOBER 6, 2008 - MINING 3
1
December 2, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE 3
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES NOVEMBER 7 TO 13, 2008 4
8.B. APPROVAL OF WARRANTS AND WIRES NOVEMBER 14 TO 20, 2008 4
8.C. PROPERTY ACQUISITION- TAX ROLL REMOVAL & TAX CANCELLATION 5
8.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT, FIVE-YEAR PERMIT (#10)
AND INTERLOCAL AGREEMENT, LATERAL "B" CANAL RIGHT-OF-WAY 7
8.E. BLUE CYPRESS LAKE PARK 8
8.F. VERO LAKE ESTATES MASTER PLAN WATER MAIN EXTENSION PHASE 2 -
WORK ORDER NO. 9 — PROFESSIONAL SERVICES TO MASTELLER & MOLER,
INC. - FINAL PAY TO CONSULTANT 8
8.G. AWARD OF BID # 2009021, ANNUAL BID FOR SIDEWALK/SOD 9
8.H. FINAL PAYMENT TO BROWN AND CALDWELL FOR A PRELIMINARY DESIGN FOR
THE NORTH REGIONAL WASTE TREATMENT PLANT EXPANSION- UCP 2696 9
8.L LIBRARY SYSTEM LONG RANGE PLAN UPDATE 10
8..1 PROFESSIONAL ENGINEERING SERVICES FOR STORMWATER CALCULATIONS
AND PERMITTING OF OSLO ROAD IMPROVEMENTS FROM 58THAVENUE TO 43RD
AVENUE - FINAL PAYMENT - IRC PROJECT 0517 10
8.K. OLD DIXIE HIGHWAY MAINTENANCE MAP APPROVAL COUNTY ROAD 512
SOUTH TO USI 11
8.L. WORK ORDER NO. 1 (ENGINEERING) WITHARDAMAN & ASSOCIATES, INC.
PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES -16TH STREET BRIDGE AT 74TH
AVENUE (PROJECT NO. 9920B) 14
8.M. APPROVAL OFA ONE-YEAR CONTRACT EXTENSION WITH THE CONSERVATION
FUND FOR PROFESSIONAL SERVICES RELATING TO THE COUNTY
ENVIRONMENTAL LANDS PROGRAM 15
2
December 2, 2008
B.N. VERO ESTATES, LLC's REQUEST FOR EXTENSION OF SITE PLAN APPROVAL
FOR A MULTI -FAMILY RESIDENTIAL DEVELOPMENT TO BE KNOWN AS VERO
ESTATES (QUASI-JuDICL4L) 15
8.0. LMC DEVELOPMENT VERO, LLC's REQUEST FOR EXTENSION OF SITE PLAN
APPROVAL FOR A MULTI-FAMILYRESIDENTL4L DEVELOPMENT TO BE KNOWN
AS INDIGO (QUASI-JUDICIAL) 16
B.P. WOODSIDE FIELDSTONE RANCH, LLC'S REQUEST FOR FINAL PLAT APPROVAL
FOR A SUBDIVISION TO BE KNOWN AS FIELDSTONE RANCH PHASE 1 17
8.Q. WORK ORDER No. 16 (ENGINEERING/SURVEY), 43" AVENUE, 8TH TO 18TH
STREET, ROADWAY IMPROVEMENTS PROJECT, RIGHT-OF-WAY MAPPING 17
B.R. AMENDMENT NO. 1 TO CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT WITHARCADIS U.S., INC. FOR WIDENING OF 2OTHA VENUE FROM
25TH STREET SW TO 21sT STREET SW, IRCPROJECT N0. 0541 18
B.S. CHANGE ORDER No. 3, FINAL PAYMENT AND RETAINAGE RELEASE FOR 79TH
STREET (106THAVENUETO 101ST AVENUE), 87171 STREET (106THAVENUETO
102"D AVENUE) PROJECT # 0535 & 0536, BID NUMBER 2007070 19
8.T. APPROVAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT,
2008-2009, RFQ # 2008071 20
8.U. AMENDMENT #1, NEARSHORE REEF MONITORING GRANT AGREEMENT,
FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FWCC-06720 20
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 21
10. PUBLIC ITEMS 21
10.A. PUBLIC HEARINGS 21
10.A.1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S REQUEST FOR
VACATION OF THE PLAT OF THE TOWN OF BROADMOOR SUBDIVISION
(QUASI-JUDICL4L) 21
10.A.2. COUNTYINITIATED REQUEST TO AMEND THE TEXT OF THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT TO ALLOW LIMITED
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December 2, 2008
RV USE WITHIN THE MOBILE HOME RENTAL PARK LAND USE DESIGNATION
CATEGORY; AMEND THE TEXT OF THE FUTURE LAND USE ELEMENT AND THE
COASTAL MANAGEMENT ELEMENT TO CHANGE THE DEFINITION OF THE
COASTAL HIGH HAZARD AREA; AMEND THE COASTAL HIGH HAZARD AREA
MAP, FIGURE 9.24 OF THE COASTAL MANAGEMENT ELEMENT; AMEND THE
COASTAL HIGH HAZARD AREA MAP, FIGURE 2.29 OF THE FUTURE LAND USE
ELEMENT; AND AMEND THE FUTURE LAND USE MAP BY DEPICTING THE
REVISED COASTAL HIGH HAZARD LINE (LEGISLATIVE) 22
10.B. PUBLIC DISCUSSION ITEMS 26
10.B.1. REQUEST TO SPEAK FROM FRANK ZORC REGARDING PIPER CONTAMINATION
AT THE AIRPORT 26
10.C. PUBLIC NOTICE ITEMS 27
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 9, 2008: REQUEST TO
REDESIGNATE ±.075 ACRES FROML-1, LOW-DENSITY RESIDENTIAL -1 (UP TO 3
UNITS/ACRE), TO CI, COMMERCIAL/ INDUSTRIAL, AND TO REZONE THAT ±.075
ACRES FROM RM -3, MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 3
UNITS/ACRE, TO CL, LIMITED COMMERCIAL DISTRICT (QUASI-JUDICIAL) 27
11. COUNTY ADMINISTRATOR'S MATTERS 28
11.A. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED - 2009
MEETING DATES 28
11.B. DISCUSSION OF DODGERTOWN FACILITY OPERATIONS 28
12. DEPARTMENTAL MATTERS 30
12.A. COMMUNITY DEVELOPMENT 30
12.A. 1. CONSIDERATION OF DRAFT REVISED INTERLOCAL SERVICE BOUNDARY
AGREEMENT 30
12.A.2. CONSIDERATION OF DRAFT MANAGEMENT PLAN FOR THE SAND LAKES
CONSERVATION AREA 32
12.B. EMERGENCY SERVICES - NONE 33
12.C. GENERAL SERVICES - NONE 33
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December 2, 2008
12.D. HUMAN RESOURCES - NONE 33
12.E. HUMAN SERVICES -NONE 33
12.F. LEISURE SERVICES -NONE 33
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 33
12.H. RECREATION- NONE 33
12.1. PUBLIC WORKS 33
12.1.1. 43RD AVENUE ROAD WIDENING PROJECT (SOUTH OF 12TH STREET) - NOTICE
TO OWNERS 33
12.1. UTILITIES SERVICES - NONE 40
13. COUNTY ATTORNEY MATTERS 40
13.A. ATTORNEY-CLIENT SESSION: DIVOSTA HOMES, L.P. AND DIVOSTA HOMES
HOLDING, LLC. VS. INDIAN RIVER COUNTY, CASE No. 20070109 -CA -19 40
14. COMMISSIONER ITEMS 41
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN 41
14.A.1. POLICY FOR APPOINTING "AT LARGE" MEMBERS TO ADVISORY
COMMITTEES 41
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 41
14. C COMMISSIONER GARY C. WHEELER - NONE 41
14.D. COMMISSIONER PETER D. O'BRYAN- NONE 41
14.E. COMMISSIONER BOB SOLARI - NONE 41
15. SPECIAL DISTRICTS AND BOARDS 41
15.A. EMERGENCY SERVICES DISTRICT - NONE 41
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 42
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 42
16. ADJOURNMENT 42
5
December 2, 2008
December 2, 2008
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, December 2, 2008. Present were Chairman Wesley S. Davis, Vice Chairman Joseph E.
Flescher, and 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 Carol Trax, Community Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman Davis led the Pledge of Allegiance to the Flag.
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December 2, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS - NONE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF CERTIFICATE OF APPRECIATION TO THE INDIAN
RIVER COUNTY RECREATION DEPARTMENT
Commissioner O'Bryan read and presented the Certificate of Appreciation to the
Indian River County Recreation Department for their participation in the State's Special Olympics
event.
S.B. PRESENTATION BY THE INDIAN RIVER COUNTY RECREATION
DEPARTMENT ON THE STATE OF FLORIDA SPECIAL OLYMPICS STATE
AQUATICS CHAMPIONSHIP EVENT
Recreation Department representatives Cliff Crawford and Mike Redstone accepted
the Certificate that was presented above. Mr. Redstone presented a video summary of the events.
6. APPROVAL OF MINUTES
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December 2, 2008
6.A. REGULAR MEETING OF OCTOBER 7, 2008
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Regular Meeting of October 7, 2008. There were none
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of October 7, 2008, as
written.
G.B. SPECIAL CALL MEETING OF OCTOBER 6, 2008 - MINING
The Chairman asked if there were any additions, deletions or corrections to the
Minutes of the Special Call Mining Meeting of October 6, 2008. There were none.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Minutes of the Special Call Mining Meeting of October
6, 2008, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION -
NONE
3
December 2, 2008
8. CONSENT AGENDA
Commissioner Wheeler requested Item 8.K. be pulled for discussion
Vice Chairman Flescher requested Items 8.N. and 8.0. be pulled for discussion
Commissioner O'Bryan requested Item 8.Q. be pulled for discussion
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 NOVEMBER 7 -13, 2008
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 November 7, 2008
to November 13, 2008, as requested in the memorandum of
November 13, 2008.
8.B. APPROVAL OF WARRANTS AND WIRES NOVEMBER 14 - 20, 2008
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 November 14,
2008 to November 20, 2008, as recommended in the
memorandum of November 20, 2008.
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December 2, 2008
8.C. PROPERTY ACQUISITION— TAX ROLL REMOVAL & TAX CANCELLATION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the following Resolutions:
(1) Resolution 2008-181, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(Richard M Jones and Mary E. Jones)
(2) Resolution 2008-182, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR510 — David Eldell)
(3) Resolution 2008-183, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(SR60 and 58th Avenue — Dolores Mary Pesce)
(4) Resolution 2008-184, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(20th Street - Quang N. Nguyen and Le Thu Thi Tran)
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December 2, 2008
(5) Resolution 2008-185, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(66th Avenue - Robert Joseph Gardiner, II and Wendy
Gardiner)
(6) Resolution 2008-186, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(16`h Street — Laurel Homes, Inc.)
(7) Resolution 2008-187, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(26`h Street — Robert H. Cook, Jr.)
(8) Resolution 2008-188, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(108`h Avenue — RaceTrac Petroleum, Inc.)
(9) Resolution 2008-189, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(108`h Avenue — Ro-Ed Corp.)
(10) Resolution 2008-190, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR510 — John Swearingen)
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December 2, 2008
(11) Resolution 2008-191, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(CR510 — Alfredia Bender and David Eldell)
(12) Resolution 2008-192, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(43rd Avenue — PPDC Investments LLC)
(13) Resolution 2008-193, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(85`h Street — David Godwin)
(14) Resolution 2008-194, canceling taxes upon publicly
owned lands, pursuant to Section 196.28, Florida Statutes.
(58`h Avenue at SR60 — Ruth Silva)
B.D. INDIAN RIVER FARMS WATER CONTROL DISTRICT, FIVE-YEAR
PERMIT (#10) AND INTERLOCAL AGREEMENT, LATERAL "B" CANAL
RIGHT-OF-WAY
7
December 2, 2008
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously:
(1) approved the Permit and Interlocal Agreement as
presented; (2) authorized payment in the amount of $2,250;
for the Permit; and (3) authorized the Chairman to execute
the Permit, as recommended in the memorandum of
November 18, 2008.
8.E. BLUE CYPRESS LAKE PARK
ON MOTION by Commissioner Flescher, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized the Chairman to execute the Second
Amendment to the Agreement with Joneal Middleton and
add H. Jean Middleton as a party to the Agreement, as
recommended in the memorandum of November 19, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. F. VERO LAKE ESTATES MASTER PLAN WATER MAIN EXTENSION PHASE
2 - WORK ORDER No. 9 - PROFESSIONAL SERVICES TO MASTELLER &
MOLER, INC. — FINAL PAY TO CONSULTANT
8
December 2, 2008
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved final payment to Masteller and Moler, Inc. in the
amount of $1,845.00, as recommended in the memorandum
of November 13, 2008.
8.G. A WARD OF BID # 2009021, ANNUAL BID FOR SIDEWALK/SOD
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the contract award to H&D Construction Co.,
Inc., as recommended in the memorandum of November
13, 2008.
8.H. FINAL PAYMENT TO BROWN AND CALDWELL FOR A PRELIMINARY
DESIGN FOR THE NORTH REGIONAL WASTE TREATMENT PLANT
EXPANSION— UCP 2696
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved payment for Work Order No. 2 to Brown and
Caldwell for a final payment of $2,000.00, as
recommended in the memorandum of November 3, 2008.
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December 2, 2008
8.1. LIBRARY SYSTEM LONG RANGE PLAN UPDATE
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the update to the Long Range Plan, as
recommended in the memorandum of November 18, 2008.
8.J. PROFESSIONAL ENGINEERING SERVICES FOR STORMWATER
CALCULATIONS AND PERMITTING OF OSLO ROAD IMPROVEMENTS
FROM 58TH AVENUE TO 43RD AVENUE — FINAL PAYMENT — IRC
PROJECT 0517
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved final payment in the amount of $1,250.00 to
Schulke, Bittle & Stoddard, L.LC., for Invoice No.
06-098-3, dated September 30, 2008, for final payment for
the stormwater calculations and modifications for the
S.J.R.W.M.D. permit for Oslo Road improvements from
58th Avenue to 43rd Avenue, as recommended in the
memorandum of November 18, 2008.
10
December 2, 2008
8.K. OLD DIXIE HIGHWAY MAINTENANCE MAP APPROVAL COUNTY ROAD
512 SOUTH TO US1
In response to Commissioner Wheeler's questions, Public Works Director Jim
Davis clarified when and how frequently Maintenance Maps are filed, and the objective for
acquiring the 1.3 mile roadway section of Old Dixie Highway beginning at CR 512 and continuing
south to the next intersection with US 1.
County Attorney Will Collins explained the responsibility of attorney fees and
believed there would be "taking issues" if the Maintenance Map is not established.
In response to Commissioner O'Bryan's questions, Director Davis explained why it
would be in the best interest for the Board to approve the Maintenance Map, and why the County
should continue maintaining the road and frontage property.
County Surveyor Michael O'Brien, through a PowerPoint presentation, explained
how each parcel would be affected by the Maintenance Map, and responded to questions.
Samuel Block, Attorney, representing Richard and Mary Lou Brown and their
family Corporation, Atlantic Coast Enterprises, provided a brief history of their property and
believed this would be a "taking" of the Browns' property. He thereafter read an Affidavit of
Owner from Mr. Brown (copy on file) to the Board. He revealed that his office had sent two letters
to the County Community Development Department (dated August 23rd and November 7th of
2007), and had only received a response indicating that the County's Attorney would respond to
the position of the Board, to which he is still awaiting. He reminded the Board that the Supreme
Court had recently announced that a public body cannot take private property for a private
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December 2, 2008
purpose; and in 1938 the State of Florida ruled that to do that, you need a two-thirds vote of the
Legislature.
Commissioner Wheeler indicated that this item should not have been placed under
the Consent Agenda since it is a controversial item; and the letters Attorney Block sent to the
County should have been placed in the Backup for further clarification.
Attorney Block read the letters that were sent to the Community Development
Department into the record.
Chairman Davis felt this issue puts the government against private property rights;
that it is not a safety issue but a property rights issue; and that it is outside his realm of expertise.
Attorney Block discussed the County's 13 foot assist; the allowance of 30 feet for
proper ingress and egress; and Carter Associates' 1994 survey where witness points were used.
Attorney Collins acknowledged that he had not responded to Attorney Block's
letters because of the legal issues regarding maintenance. He had checked with the Road and
Bridge Division to determine if they had maintained it for the required seven years, and found out
they had maintained it for 15 years. He thereafter referenced page 124 of the Backup, and raised a
fact issue as to whether the road maintenance only reflected on the database, or if the County
actually maintained it.
County Administrator Baird suggested bringing this item back to the Board after
meeting with the property owners. He revealed that the County is trying to protect the future rights
of the road, and felt the argument was with the width of the road (Old Dixie).
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December 2, 2008
Vice Chairman Flescher agreed with Commissioner Wheeler, that this item should
not have been placed under the Consent Agenda, and was concerned over the lack of
communication.
Commissioner Wheeler questioned the County's current interest in the road, and
was disturbed that he had not known this to be controversial until recently.
Chairman Davis supported making improvements to the road, and emphasized the
importance of accomplishing it properly.
Attorney Block requested the County to stop mowing the Browns' property.
Attorney Collins indicated that he would respond to Attorney Block's letter after
obtaining the facts (regarding the database and what it means in terms of maintenance) from Road
and Bridge.
Chairman Davis wanted the County to stay off the Browns' property until the
County can confirm the maintenance in the database, delineate the County's position, and respond
in writing.
Attorney Block objected to Chairman Davis's suggestion, and requested the
County continue maintaining what it has always maintained.
There was a brief discussion regarding how long it would take to go through the
database, and whether there would be changes if the County were to take the property.
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December 2, 2008
Director Davis acknowledged this situation to be characteristic of a Maintenance
Map right-of-way; and said the Road and Bridge Division had mowed and maintained the
shoulders for 30 years.
Chairman Davis wrapped up the discussion and directed the County Attorney to
respond to Attorney Block's letters.
Debra Robinson, 315 Greytwig Road, said she had observed the Browns
maintaining the property "all the way to the pavement" and urged the Board to deny the
Maintenance Map.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously denied
the proposed Maintenance Map.
8.L. WORK ORDER No. 1 (ENGINEERING) WITHARDAHAN & ASSOCIATES,
INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES —16TH
STREET BRIDGE AT 74TH AVENUE (PROJECT NO. 9920B)
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 1 (Engineering), authorizing the
project as outlined in the Scope of Services, and authorized
the Chairman to execute same for a not -to -exceed fee of
$3,500.00, as recommended in the memorandum of
November 19, 2008.
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December 2, 2008
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION WITH THE
CONSERVATION FUND FOR PROFESSIONAL SERVICES RELATING TO
THE COUNTY ENVIRONMENTAL LANDS PROGRAM
Chairman Davis wanted to know if this item would delay the progress of
intersection improvements, and Planning Director Stan Boling said it would not.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
authorized the Chairman to execute the Amendment of
Agreement for Professional Services with The
Conservation Fund Charitable Trust, as recommended in
the memorandum of November 17, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. VERO ESTATES, LL C'S REQUEST FOR EXTENSION OF SITE PLAN
APPROVAL FOR A MULTI -FAMILY RESIDENTIAL DEVELOPMENT TO BE
KNOWN AS VERO ESTATES (QUASI-JUDICIAL)
Vice Chairman Flescher felt this item was inappropriately placed under the Consent
Agenda since it is labeled Quasi -Judicial. He requested that in the future, these types of items be
placed under Departmental Matters so they can be open for discussion.
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December 2, 2008
Chairman Davis wanted to ensure that this extension would not delay the
CR 510166th Avenue intersection improvements. Director Boling said he was not aware of any
problems that would delay the improvements.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved Vero
Estates, LLC's request for a one-year extension of the site
plan for Vero Estates with all original approval conditions
to remain in effect, as recommended in the memorandum of
November 17, 2008.
The new site plan approval expiration date will be May 24, 2009
8.0. LMC DEVELOPMENT VEROt LL C'S REQUEST FOR EXTENSION OF SITE
PLAN APPROVAL FOR A MULTI -FAMILY RESIDENTIAL DEVELOPMENT
TO BE KNOWN AS INDIGO (QUASI-JUDICIAL)
Vice Chairman Flescher believed this Item, like 8.N. above, was inappropriately
placed under the Consent Agenda since it too was labeled Quasi -Judicial. He emphasized that
enhancement changes need to be noted and discussed through an administrative process, not
labeled Quasi -Judicial.
A brief discussion ensued regarding extensions being placed under the Consent
Agenda. Chairman Davis stated that items considered Quasi -Judicial, should not be placed under
the Consent Agenda.
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December 2, 2008
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously approved
LMC Development Vero, LLC's request for a one year
extension of the site plan for Indigo with all original
approval conditions to remain in effect, as recommended in
the memorandum of November 13, 2008.
The new site plan approval expiration date will be June 14, 2009
8.P. WOODSIDE FIELDSTONE RANCH, LL C'S REQUEST FOR FINAL PLAT
APPROVAL FOR A SUBDIVISION TO BE KNOWN AS FIELDSTONE RANCH
PHASE I
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously granted
final plat approval for Fieldstone Ranch Phase 1
Subdivision, as recommended in the memorandum of
November 17, 2008.
8.0. WORK ORDER No. 16 (ENGINEERING/SURVEY), 43RD AVENUE, 8TH TO
18TH STREET, ROADWAY IMPROVEMENTS PROJECT, RIGHT-OF-WAY
MAPPING
Commissioner O'Bryan reminded the Board that Everette Brown's property is
adjacent to the subject property, and felt that since there appeared to be past discrepancies about
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December 2, 2008
the right-of-way, staff should coordinate with Mr. Brown's surveyors to ensure everyone is on the
"same page."
Director Davis said that Mr. Brown had used an out-of-town surveyor, and felt the
survey was in error. He clarified that when the Malaluka Gardens Subdivision was platted, a 50
foot right-of-way east of the centerline of 431.d Avenue was dedicated on the face of the plat;
therefore, he felt staff had no reason to question the dedicated language.
Commissioner O'Bryan felt it best to send a letter to Mr. Brown or his attorney, so
everyone would be able to coordinate and agree before the process moves forward.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Work Order No. 16 with Carter Associates, Inc.,
authorizing the project as outlined in the Scope of Services;
and authorized the Chairman to execute same, as
recommended in the memorandum of November 17, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. AMENDMENT No. 1 TO CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT WITHARCADIS U.S., INC. FOR WIDENING OF 20TH
AVENUE FROM 25TH STREET SW TO 21ST STREET SW, IRC PROJECT
No. 0541
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December 2, 2008
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Amendment No. 1 to the Professional Civil
Engineering Services Agreement with Arcadis U.S., Inc., in
the amount of $14,944.56, as outlined in the Scope of
Services; and authorized the Chairman to execute same, as
recommended in the memorandum of November 17, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. CHANGE ORDER No. 3, FINAL PAYMENT AND RETAINAGE RELEASE
FOR 79TH STREET (106TH AVENUE TO 101ST AVENUE), 87TH STREET
(106THAVENUETO 102ND AVENUE) PROJECT # 0535 & 0536, BID
NUMBER 2007070
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Change Order No. 3, final payment to Sheltra and
Son Construction, Inc. in the amount of $40,674.15 plus
release of retainage in the amount of $132,642.56, as
recommended in the memorandum of November 14, 2008.
19
December 2, 2008
8.T. APPROVAL OF PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT,
2008-2009, RFQ # 2008071
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Professional Geotechnical Services
Agreement with Universal Engineering Sciences, Inc., for
annual Professional Geotechnical Engineering Services, as
recommended in the memorandum of November 18, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. AMENDMENT #1, NEARSHORE REEF MONITORING GRANT
AGREEMENT, FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION, FWCC-06720
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Amendment No. 1 to FWC-06720. The Grant
amount of $250,000.00 is on a cost reimbursement basis
with no local match requirement, as recommended in the
memorandum of November 21, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
20
December 2, 2008
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S REQUEST FOR
VACATION OF THE PLAT OF THE TOWN OF BROADMOOR SUBDIVISION
(QUASI JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling recapped his Memorandum of November 19, 2008 providing an
update on St. Johns River Water Management District's request for plat vacation, and through an
aerial slide depicted subject property.
In response to Vice Chairman Flescher's query, Director Boling affirmed that the
development rights would be extinguished, and the plat vacation approval would erase the plat,
returning the land to acreage for public purposes for use by the St. John's River Water
Management District (SJRWMD).
Robert Crabill, Attorney with Wright, Fulford, Moorhead and Brown, Orlando,
introduced Ray Button.
21
December 2, 2008
Ray Button, from St. John's River Water Management District, stated that during
discussions with the Fellsmere Joint Venture Group, they wanted to preserve their development
rights; however, after exploring their options they realized there was nothing they could preserve.
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Resolution 2008-195, providing for the vacation of Town
of Broadmoor Subdivision, said land lying in Indian River
County, Florida.
(The Chairman called a recess at 10:20 a.m. and reconvened the meeting at 10:30
a.m. with all members present)
1O.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF THE
COMPREHENSIVE PLAN'S FUTURE LAND USE ELEMENT TO ALLOW
LIMITED RV USE WITHIN THE MOBILE HOME RENTAL PARK LAND USE
DESIGNATION CATEGORY; AMEND THE TEXT OF THE FUTURE LAND
USE ELEMENT AND THE COASTAL MANAGEMENT ELEMENT TO
CHANGE THE DEFINITION OF THE COASTAL HIGH HAZARD AREA;
AMEND THE COASTAL HIGH HAZARD AREA MAP= FIGURE 9.24 OF THE
COASTAL MANAGEMENT ELEMENT; AMEND THE COASTAL HIGH
HAZARD AREA MAP, FIGURE 2.29 OF THE FUTURE LAND USE
22
December 2, 2008
ELEMENT; AND AMEND THE FUTURE LAND USE MAP BY DEPICTING
THE REVISED COASTAL HIGH HAZARD LINE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Commissioner Solari suggested the two components to the Comprehensive Plan be
heard separately. County Community Development Director Robert Keating agreed.
Director Keating explained the first component of the Comprehensive Plan
Amendment - County Initiated Request to Amend the Text of the Comprehensive Plan's Future
Land Use Element to Allow Limited RV use within the Mobile Home Rental Park Land Use
Designation. He spoke about the adoption of the MHRP land use category, the 12 existing mobile
rental parks, and the meetings and results with park owner representatives. He thereafter reminded
the Board that in September they had directed staff to initiate the text amendment of Policy 1.14.2
of the Comprehensive Plan's Future Land Use Element to allow up to 25% of recreational vehicle
use in the mobile home park rental category; and he reported that the Amendment is consistent
with the Comprehensive Plan.
In conclusion, Director Keating pointed out that this component of the Amendments
would allow for RV rental spaces only in designated Mobile Home Rental Parks; would provide a
financial incentive for park owners to keep the park in mobile home use; and that the proposed RV
use would not create additional density or intensity. He also informed the public that the
Department of Community Affairs has an allowance where anyone speaking at a public hearing,
such as this, could provide their name and address, and information regarding this Amendment
would be forward to them through the review process.
23
December 2, 2008
Discussion ensued over concerns of mobile home parks having a threshold of 15
acres or less; whether the County has an Ordinance stipulating the age that a mobile unit can go
into a park; constituents that chose to live in mobile home parks; platting; land development
regulations; sewer systems; displacement and attrition of mobile homes.
The Chairman opened the public hearing.
The following individuals opposed the County initiated request to amend the text of
the Comprehensive Plan's Future Land Use Element to allow limited RV use within the Mobile
Home Park Land Use Designation Category:
Maurice Nelson, Countryside Park
Donald Debaggis, former President of Countryside Park
Bob Aberns, Countryside Park
Irwin Botnick, Countryside Park
Harold Scott, Vero Palm Estates Park
Bill Kelly, Countryside Park
Gwendolyn Ripp, Heron Cay Park
Joe Ryan, Heritage Plantation
Bill Gorman, Lifestyle Choice Realty, Inc., manager of Tanglewood Village Co-op
There were no additional speakers, and the Chairman closed the public hearing.
24
December 2, 2008
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously agreed
to not transmit the first component of the Comprehensive
Plan Amendment to the Department of Community Affairs
(DCA).
(Clerk's Note: At 11:48 a.m., the Chairman announced that the Board would
retreat to the Commissioners' Conference Room to conduct an Attorney -Client Session. After the
Attorney -Client Session the Commissioners recessed one-half hour for lunch.) The Board
returned to the Chambers at 1:30 p.m., and the Chairman closed the Attorney -Client Session.
Director Keating explained the second component of the Comprehensive Plan
Amendment — Amend the Text of the Future Land Use Element, the Coastal Management
Element; Change the Definition of the Coastal High Hazard Area (CHHA); Amend the Coastal
High Hazard Area Map, and Amend the Coastal High Hazard Area Map. He told how this was a
State mandate, and an item the County had to consider when it adopted its first Comprehensive
Plan in 1990. He clarified the significance of the CHHA, and pointed out that in 2006 the State
Legislature changed the definition of the CHHA, and as part of that change the State had mandated
all local governments to amend the definition of CHHA in their Comprehensive Plans. This
Amendment involves changing the text of the Future Land Use Element, the Coastal Management
Element, and changes to the Coastal High Hazard Area Map and the Future Land Use Map.
Director Keating reported that the Amendment is consistent with the Comprehensive Plan, and
recommended the Board approve the Resolution giving staff direction to eliminate the mobile
home amendment component.
In response to Commissioner O'Bryan's query, Director Keating affirmed that the
CHHA is east of US 1.
25
December 2, 2008
The Chairman opened the public hearing. There were no speakers and the Chairman
closed the public hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the second component, Resolution 2008-196, as amended,
to amend the Text of the Coastal Management Element and
the Future Land Use Element by Changing the Definition
of the Coastal High Hazard Area and by Depicting the
Coastal High Hazard Area on the Future Land Use Map of
the Comprehensive Plan, to the State of Florida Department
of Community Affairs.
1O.B. PUBLIC DISCUSSION ITEMS
1O.B.1. REQUEST TO SPEAK FROM FRANK ZORC REGARDING PIPER
CONTAMINATION AT THE AIRPORT
(Clerk's Note: Item 10.B.1. was heard following Item 11.B. and is placed here for
continuity.)
Frank Zorc, 1695 20th Avenue, summarized Piper Aircraft's violations and the
documented evidence regarding Piper contamination (copies on file) which he had filed with the
Florida Department of Environmental Protection Agency.
Commissioner O'Bryan felt this was an EPA issue.
26
December 2, 2008
Discussion ensued regarding Allen Stadnick's written comments pertaining to
Piper's contamination (copies on file), and GeoTech's acknowledgement of the make and model
numbers of the trucks that hauled 55 gallon drums, filled with chemicals, to a dump site located at
43rd Avenue and 41st Street.
Mr. Zorc wanted Piper to be accountable for the contamination cleanup, not the
taxpayers.
Attorney Collins acknowledged that Piper had deposited 55 gallon drums, on
numerous occasions, at the old landfill on 41St Street over the years. He stated that there had been
plumes detected under 41st Street, and if Piper dumped hazardous waste illegally, that they should
be responsible for the cleanup. He said that most of the environmental laws were passed in the
early 1970's, and even though he had not looked at them recently, in terms of retroactivity, he felt
the basis of the complaint was that if they had disposed of something, and we can seek recourse
against them to recover our expenditures in cleaning up the plumes, that we should ask the
Governor to appoint a Special Prosecutor to research the evidence.
Commissioner Solari suggested sending the information to Tallahassee to see if it is
something they could pursue, and Attorney Collins encouraged it.
Chairman Davis asked Mr. Zorc to provide him with contact information so he could
send a follow-up letter.
10. C PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING DECEMBER 9, 2008:
REQUEST TO REDESIGNATE ±.0 75 ACRES FROM L-1, LOW-DENSITY
RESIDENTIAL -1 (UP TO 3 UNITS/ACRE), TO CI, COMMERCIAL/
27
December 2, 2008
INDUSTRIAL, AND TO REZONE THAT ±.075 ACRES FROMRM-3,
MULTIPLE -FAMILY RESIDENTIAL DISTRICT (UP TO 3 UNITS/ACRE), TO
CL, LIMITED COMMERCIAL DISTRICT (QUASI -.JUDICIAL)
The Chairman read the notices into the record.
11. COUNTY ADMINISTRATOR'S MATTERS
11.A. MEETINGS OF THE BOARD OF COUNTY COMMISSION, PROPOSED -
2009 MEETING DATES
Administrator Joseph Baird provided the Board with a proposed schedule of
Commission meeting dates for 2009.
Chairman Davis requested the meeting of September 1, 2009, be removed from the
meeting schedule.
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner Solari, the Board unanimously approved the
proposed 2009 meeting schedule, with the exception of
September 1, 2009, which was stricken.
11.B. DISCUSSION OF DODGERTOWN FACILITY OPERATIONS
Administrator Baird spoke about the on-going discussions pertaining to the
Baltimore Orioles relocating to Dodgertown. He said that effective January 1, 2009 the County
will become responsible for maintaining the Dodgertown property, with the exception of the
28
December 2, 2008
Conference Center. Six Dodgertown grounds employees, plus two others, would maintain the
facility for approximately five months or until someone takes over the contract. He proposed that
the Board approve a monthly budget of $102,479.11 (monies from the Tourist Tax Fund) to
maintain the Dodgertown facility. Due to the current economic situation, he felt it would be in the
best interest of the County to close the Conference Center and Hotel.
In response to Commissioner Wheeler's inquiry, Administrator Baird said he would
like to have an "umbrella organization" that would bring in tournaments throughout the year.
Commissioner O'Bryan voiced concerns over possible litigation, and the numerous
delays. He said, "Enough is enough" and suggested staff move forward.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to establish a
deadline of Monday, December 15, 2008, at 5:00 p.m. for
the Baltimore Orioles to accept the signed contract. If they
decline the contract, staff will formally rescind the offer on
Tuesday, December 16, 2008, and the County
Administrator will pursue other avenues.
There was a brief discussion regarding indebtedness with the Dodgers.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board unanimously approved to
establish a deadline of Monday, December 15, 2008, at
5:00 p.m. for the Baltimore Orioles to accept the signed
29
December 2, 2008
contract. If they decline the contract, staff will formally
rescind the offer on Tuesday, December 16, 2008, and the
County Administrator will pursue other avenues.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to authorize
Administrator Baird to hire the necessary people to
maintain the Dodgertown facilities, as outlined in the
operating cost estimate, effective January 1, 2009.
Bob Johnson, Coral Wind Subdivision, wanted to know if this would change the
Bond rating. Administrator Baird confirmed that it would not, since it is based on a pledge of
revenue sources.
The Chairman CALLED THE QUESTION and the Motion
carried unanimously. The Board authorized Administrator
Baird to hire the necessary people to maintain the
Dodgertown facilities, as outlined in the operating cost
estimate, effective January 1, 2009
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF DRAFT REVISED INTERLOCAL SERVICE
BOUNDARY AGREEMENT
30
December 2, 2008
Director Keating provided the Board with the background, history, and status of the
Interlocal Service Boundary Agreement (ISBA). Through his presentation he outlined the ISBA
adoption process; ISBA components; ISBA Map; exceptions; and objections to the ISBA. He
recommended the Board concur with staff's recommendations, and to discuss any objections with
representatives of the other parties at the December 15, 2008 ISBA Elected Officials Meeting.
Discussion ensued regarding Department of Community Affairs (DCA)
requirements of Fellsmere, and the significance of the point-to-point annexation provision.
Al Miner, Sebastian City Manager, defined through an aerial slide, Sebastian's
proposed progression and perspective as to how much property could be annexed.
Director Keating felt that staff would be able to create an alternative point-to-point
access to the Graves property, but felt concern over creating enclaves.
Assistant County Attorney George Glenn pointed out that staff would probably
support an exemption from Florida law to get to the Graves' property, but would not support any
exemptions other than that, nor further point-to-point annexations unless it complies with Florida
law. He felt that bringing the enclaves into the process was the responsibility of the property
owner.
Discussion ensued as the Commissioners discussed point-to-point contiguity for
Sebastian, Exhibits, and exemptions.
Mike Ray, 440 Greystone Court, explained the annexation process, and the
point-to-point concept for Sebastian. He suggested the Board review the document and make it a
tool that is for "good growth and jobs."
31
December 2, 2008
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to accept staff's
recommendation.
Under discussion, Commissioner O'Bryan asked if distance provisions were
included in Exhibit E, Indian River County New Town Allowances. Director Keating said the
Staff Negotiating Group agreed there should not be a separation distance for moving the boundary
for a new town.
The Chairman CALLED THE QUESTION. The Board
unanimously concurred with staff's objections to the
Agreement (Exhibit F and Sebastian point-to-point
contiguity), and agreed to raise those objections at the
upcoming Interlocal Service Boundary Agreement (ISBA)
elected officials meeting, as recommended in the
memorandum of November 17, 2008.
12.A.2. CONSIDERATION OF DRAFT MANAGEMENT PLAN FOR THE SAND
LAKES CONSERVATION AREA
ON MOTION by Commissioner Wheeler, SECONDED by
Chairman Davis, the Board unanimously approved the
Sand Lakes Conservation Area Land Management Plan
with the conditions as recommended by the Conservation
Lands Advisory Committee (CLAC), and as recommended
in the memorandum of November 20, 2008.
32
December 2, 2008
The Chairman called a recess at 3:16 p.m. and reconvened the meeting at 3:24 p.m.,
with all members present.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
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. 43RD AVENUE ROAD WIDENING PROJECT (SOUTH OF 12TH STREET) —
NOTICE TO OWNERS
Public Works Director Jim Davis stated that he had addressed the Board regarding
this item at the November 18, 2008 Board of County Commission Meeting where the Board had
approved revisions to the Capital Improvement program for road construction and is now coming
back to seek guidance regarding right-of-way acquisition, particularly on 43rd Avenue, south of 8th
33
December 2, 2008
Street. He recalled that this project was moved to the fourth and fifth year of the five year Capital
Improvement Plan (CIP). The funds allocated in those years were to purchase right-of-way south
of 8th street. In accordance with Resolution 2008-139, staff had prepared the Notice to Owner for
the property owners south of 8th Street, but were held until the outcome of the November 18th
Board of County Commission Meeting when the CIP was amended. He voiced concern that if the
Notices are sent out, and the funds are not budgeted for the fourth and fifth year, the County would
have to borrow funds from another project to advance the right-of-way acquisition, which could
delay construction on other projects that were funded in the first three years. He reviewed three
Alternatives (see page 388 in the Backup), recommending Alternative No. 1 (to amend Resolution
No. 2008-139), and asked the Board for direction.
Assistant County Attorney Michael Zito reiterated the Motion from the November
18, 2008 Board of County Commission meeting, emphasizing right-of-way acquisitions as a
priority, and said that staff would look at competing projects. He requested the Board's direction.
There was a lengthy discussion among the Commissioners as they voiced their
preferences and concerns over the three Alternatives (see pages 387 and 388 of the Backup). They
also discussed the possibility of causing fear and anxiety to residents on 43rd Avenue when the
Notices are sent out.
Director Davis voiced concern over cash flow, relocating utilities, expiring permits,
and new requirements on environmental issues that could complicate obtaining additional permits,
if the projects do not stay on track.
Assistant Public Works Director Chris Mora informed the Board that the Notice to
Owners on 43rd Avenue, south of 8th Street, had already been sent to residents, and that staff is
within the 120 -day timeframe. He said that the appraisals have not been received; offers had not
been made; and that staff is in a holding pattern until negotiations can be conducted for those
34
December 2, 2008
Notices that had already been sent. He acknowledged that other Notices have not been sent out,
and were pending the results of today's meeting. He pointed out that if Alternative No. 1 is
selected, the Notices that were sent out would need to be retracted.
Attorney Collins clarified that after the Notice to Owner is sent, negotiations will
remain open for 120 days after the notification to complete a voluntary purchase, unless extended
by both parties, or terminated by either party in writing. Therefore, if staff decides there is no
money to move forward with the acquisition, staff can terminate by a written notice to those parties
that dropped out of the five year plan.
Administrator Zito specified that the Capital Improvement Element (CIE) segment
is from 12th Street to Oslo Road, with funding included in the third year, and that the intention is to
concentrate the efforts on the segment of 43rd Avenue from 8th Street and 12th Street since the
County can afford to centralize that effort; and that the segment south of 43rd Avenue is just a
distant consideration for funding at this point.
Ruth Stanbridge, 4835 66th Avenue, found this departmental item misleading. She
believed Alternative No. 1: (1) deals indirectly with 43rd Avenue, and directly with revising and
amending Resolution 2008-139; (2) deals directly with the funding for right-of-way and retracting
or rescinding the Notice to Owner, which may not be legal; and (3) is a County -wide issue that is
hidden inside a departmental subject. She did not feel Alternative No. 2 was any better since staff
could allow deviation from this policy; and it could be made to fit circumstances of unique
acquisitions. Mrs. Stanbridge felt the Board should: (1) choose Alternative No. 3; (2) direct staff
to continue sending the Notice to Owner in accordance with the Resolution; (3) continue
purchasing acquisitions to widen future roads; (4) reaffirm that the Notice to Owner (which was
already sent) be honored; (5) not amend Resolution 2008-139; (6) continue to make the right-of-
way acquisitions a priority; and (7) ensure the procedures under the Resolution continue to move
forward.
35
December 2, 2008
Everette Brown, 4236 11th Street, wanted clarification on the location of the CIP
projects and to whom the Notice to Owners were sent. He requested the Board recognize and
consider the impact that the numerous road projects around the County has put upon the residents.
Director Davis reported that four of the pending projects have grant funding from
the Department of Transportation (DOT), and that unless those projects are built within certain
time restraints, they would be lost.
Discussion ensued regarding amendments to Resolution 2008-139; concurrency and
the Capital Improvement Element; and prioritizing roads and acquiring right-of-ways.
Administrator Zito acknowledged that the only function of the Notice to Owner is to
serve as a prerequisite to filing a lawsuit in court.
Mr. Brown voiced further concern over the 43rd Avenue project and being
inconvenienced with the retraction of the Notice to Owner.
Bill Bethel, 4875 66th Avenue, cited Florida Statute 73.015 as the governing Statute
for the Notice to Owner. He said that it allows the condemnee to understand their rights under the
law, and that abrogating someone's rights could lead to a lawsuit. He listed the three basic rights in
Florida: possession, use, and disposal; and said that once a person receives a formal notice that the
County is interested in buying the property, they can either purchase it voluntarily or they can take
it involuntarily. He feels this takes away his right of disposal, which makes the County liable
under the law.
36
December 2, 2008
Commissioner Wheeler said there is no intent to withdraw the Notice to Owner, that
had already been sent, and he wanted to bring this to a conclusion. Therefore, if that is the case, the
County has no option but to continue forward and go to court.
Attorney Collins responded to Mr. Bethel's comments saying that even after the
Notice to Owner is received, and the County is in negotiation with you, you have the right to sell
the property to a third party, if you do not like the County's price. It is not until the Deed is taken
through a Condemnation Order of Taking that you are precluded from selling the property.
There was a brief discussion regarding the filing of legal documents, appraisals,
retracting issues, and funding.
Director Brown acknowledged the County had already acquired most of the
right-of-way north of 8th Street, on 43rd Avenue.
Budget Director Jason Brown addressed funding issues, and did not see any
financial planning concerns.
Commissioner O'Bryan suggested the Board only focus on 43rd Avenue today and
make it a priority for the Metropolitan Planning Organization (MPO), then the Board could change
the Resolution at a later time. He preferred Alternative No. 1, but under the retraction, he wanted
it to say, "retraction of any notices sent to date for temporary construction easements ONLY at
year four and five."
Chairman Davis drew Commissioner O'Bryan's attention to Alternative 2, and said
if he is wanting to focus on 43rd Avenue, and not change the Resolution, that the verbiage should
read as: "Direct staff to defer sending additional Notices on the 43rd Avenue project south of 8th
Street pursuant to Section 6 of Resolution 2008-139 which provides that `deviation from this
37
December 2, 2008
policy can be made as needed to fit the circumstances of unique acquisitions.' This option would
also include retraction of any notices sent to date along the deleted portion of the project." or those
Improvement Element.
Commissioner O'Bryan wanted to know: (1) if the Motion would include the
retraction where it would only apply to temporary construction easements; and (2) if we had sent a
Notice regarding right-of-way purchases, if we would move forward with those notices, but retract
the Temporary Construction Easement (TCE) Notices.
Administrator Baird felt this measure would work until they get to the MPO.
All Commissioners were in agreement that no changes be made to Resolution
2008-139.
Commissioner O'Bryan wanted to know if there should be a retraction of the
Temporary Construction Easements (TCE), and Director Davis said there needs to be right-of-way
on the west side and on the east side, south of 4th Street. He said it would not be wise to start
condemning the TCE's when we may not build the project.
Commissioner O'Bryan indicated that Alternative No. 2 specifies 43rd Avenue south
of Stn Street, so he suggested the option include, "retraction of any notices sent to date."
Mrs. Stanbridge believed that this would solve the 43rd Avenue problem, and
advocated against changing the Resolution.
38
December 2, 2008
Mr. Brown voiced further concern over 43rd Avenue being delayed once again
(whether it is a Temporary Construction Easement or full taking), and how this has affected
residents' property values, and concerns over staff.
resolution.
Attorney Collins informed the Board of the proper procedures for changing a
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to approve
Alternative No. 2, to include the first four lines, and
stopping at the word "date".
Under discussion, Commissioner Wheeler clarified the Motion; voiced concern over
the individuals who had already received Notices; and suggested adding the retraction of only
temporary construction easement notices sent to date.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to amend line four
to read: "This option would include retraction of only
temporary construction easement notices sent to date."
39
December 2, 2008
The Chairman CALLED THE QUESTION and the
MOTION carried unanimously. The Board
approved Alternative No. 2 to read: "Direct staff to defer
sending additional Notices on the 43rd Avenue project south
of 8th Street pursuant to Section 6 of Resolution 2008-139
which provides that `deviations from this policy can be
made as needed to fit the circumstances of unique
acquisitions.' This option would also include retraction of
only temporary construction easement notices sent to date."
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. ATTORNEY-CLIENT SESSION: DIVOSTA HOMES, L.P. AND DIVOSTA
HOMES HOLDING, LL C. VS. INDIAN RIVER COUNTY= CASE NO.
20070109 -CA -19
(Clerk's Note: The Board broke for the regular Board of County Commission
Meeting at 11:48 a.m. to conduct the Attorney -Client Session that was scheduled for 11:30 a.m.)
Chairman Davis read into the record the Attorney -Client Session. Those in
attendance were Commissioners Wesley S. Davis, Joseph E. Flescher, Gary C. Wheeler, Peter D.
O'Bryan, Bob Solari, County Attorney William G. Collins II, County Administrator Joseph A.
Baird, John K. Shubin, Esquire (outside Counsel via telephone), and a certified court reporter.
(The Board returned to the Chambers at 1:30 p.m., and the Chairman closed the
Attorney -Client Session.)
40
December 2, 2008
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN
14.A.1. POLICY FOR APPOINTING "A T LARGE" MEMBERS TO ADVISORY
COMMITTEES
Chairman Davis wanted to know if the Commissioners would like to appoint
Members -at -Large at the will of the Commissioner Liaison to the committee, or make it a point
certain. After a brief discussion, it was decided that all Commissioners would be notified of a
Member -at -Large vacancy under Informational Items on the Agenda. Upon receipt of an
application and after 14 days, the application would be placed on the Agenda for recommendation
by the committee's Commissioner Liaison. For those committees that do not have Commissioner
Liaisons, it would be the responsibility of the Chairman and Commissioner Assistant to bring it
forward.
14. B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE
14. C. COMMISSIONER GARY C. WHEELER - NONE
14.D. COMMISSIONER PETER D. O'BRYAN - NONE
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
41
December 2, 2008
el( 13ebesee
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
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
5:04 p.m.
ATTEST:
Mary Louise Scheidt, Clerk, Ad Interim
Minutes Approved:
FEB 0 3 2009
BCC/LAA/2008Minutes
42
December 2, 2008
Wesley S. Davis, Chairman
Ilk 136 P6 269