HomeMy WebLinkAbout12/09/2008INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 9, 2008
1. CALL TO ORDER.........................................................................................1
2. INVOCATION................................................................................................1
3. PLEDGE OF ALLEGIANCE.......................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS..............................................................................................................2
5. PROCLAMATIONS AND PRESENTATIONS........................................2
A. THE CHILDREN'S SERVICES ADVISORY COMMITTEE (CSAC) WILL HONOR
SHERIFF ROY RAYMOND FOR HIS DEDICATION TO THE CHILDREN OF INDIAN
RIVER COUNTYAND HIS PARTICIPATION ON THE CSAC.............................................2
B. PRESENTATION ON WINTER FEST, JOINT PROGRAM BY INDIAN RIVER COUNTY
RECREATIONDEPARTMENTANDPOINTE WEST, BYCHUCKMECHLING ...................3
C ADDITION. PRESENTATION BYDOLLARS FOR SCHOLARS...........................................3
6. APPROVAL OF MINUTES - NONE..........................................................3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION ..................3
A. RESIGNATION OF DISTRICT S APPOINTEE TO PLANNING AND ZONING
COMMISSION................................................................................................................. 3
1
December 9, 2008
8. CONSENT AGENDA.....................................................................................4
8.A. IRC BID NO. 2008070 PROJECT 0322 RECOMMENDATION OF AWARD
MOORINGS CLUB & INDIANRIVER COUNTY SEAWALL REPAIRS...............................4
8.B. APPROVAL OF COST SHARE AGREEMENT #25245 BETWEEN THE ST JOHN'S
RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR
INDIAN RIVER COUNTYEGRETMARSHREGIONAL STORMWA TER PARK..................4
8.C. APPROVAL OF AMENDMENT NO. I TO WORK ORDER NO. 3 -EM WITH
MALCOLM PIRNIE, INC., FOR ADDITIONAL ENGINEERING SERVICES FOR
EGRET MARSH REGIONAL STORMWATER PARK FINAL REDESIGN AND
CONSTRUCTION. . . .. . . .. . . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . ... . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . .. . . .. 5
8.D. FY 2007-2008 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LwsoN OFFICER FORM BOARD OF COUNTY
COMMISSIONERS. ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . ... . ... . .. . . .. . . .. . . ... . ... . ... . .. 5
8.E. WORK ORDER NO. 2 (ENGINEERING WITH ARDAMAN & ASSOCL4TES, INC.,
PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES 53" STREET BRIDGE OVER LATERAL
IT CANAL —IRCPRO.IECTNo. 0107.............................................................................6
8.F. WORK ORDER NO. 3 (ENGINEERING WITH ARDAMAN & ASSOCL4TEs, INC.,
PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN ACCORDANCE WITH
THE ANNUAL GEOTECHNICAL SERVICES 56TH PLACE BRIDGE OVER NORTH
RELIEF CANAL - IRC PROJECT No. 0611B................................................................ 6
8.G. PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT, OSLO BOAT RAMP -
IRCPROJECT NO.0381, AMENDMENT NO.1 (G.K. ENVIRONMENTAL, INC.) ........... 7
8.H. WORK ORDER NO. 17 (ENGINEERING/SURVEYING CARTER ASSOCL4TES, INC.,
PROPOSED 26TH STREET BETWEEN 74TH AVENUE AND 82ND AVENUE
ADDITIONAL PROFESSIONAL SURVEYINGAND MAPPINGSERVICES ..........................7
8.1, PROVIDING GEOTECHNICAL SERVICES FOR CR -510 FROM 61ST DRIVE TO
SHORE LANE ROADWAY IMPROVEMENTS, ARDAMAN & ASSOCL4TES, INC.,
WORKORDER No. 4...................................................................................................... 8
8.J. APPROVAL OF .JOINT PARTICIPATION AGREEMENT WITH FDOT, AVIATION
BOULEVARD AT US 1, FDOT WORK PROGRAM # 424142-1-58-01 AND
ACCOMPANYING RESOL UTION...................................................................................... 8
8.K. DONATIONOFART WORK............................................................................................9
2
December 9, 2008
$.L. FIRST AMENDMENT AND EXTENSION TO CONTINUING CONTRACT, COASTAL
TECHNOLOGYCORPORATION, INC...............................................................................9
8.M. FIRST AMENDMENT AND EXTENSION TO CONTINUING CONTRACT, APPLIED
TECHNOLOGYAND MANAGEMENT, INC....................................................................... 9
9.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE ....................................................................................10
10. PUBLIC ITEMS -.........................................................................................10
A. PUBLIC HEARINGS...................................................................................10
1. REALTORS ASSOCIATION OF INDIAN RIVER COUNTY, INC'S REQUEST TO
AMEND THE FUTURE LAND USE MAP TO REDESIGNATE f . 075 ACRES FROML-
I TO CII, AND TO REZONE THE f .07$ ACRES FROM RM -3 TO CL
(LEGISLATIVE)............................................................................................................10
10.11. PUBLIC DISCUSSION ITEMS - NONE..................................................12
10.C. PUBLIC NOTICE ITEMS..........................................................................12
1. NOTICEOFSCHEDULEDPUBLICHEARING ONDECEMBER 16, 2008 TOAMEND
CERTAIN SECTIONS OF THE ANIMAL CONTROL ORDINANCE CODIFIED AT
CHAPTER 302 OF THE INDL4NRIVER COUNTY CODE (LEGISLATIVE) .....................12
2. NOTICE OF SCHEDULED PUBLIC HEARING ON DECEMBER 16, 2008
CONSIDERATION OF AMENDMENTS TO RESTRICTIONS ON PARKING
COMMERCJAL VEHICLES IN RESIDENTIAL AREAS, LDR CHAPTERS 901, 911,
AND 912 (LEGISLATIVE).............................................................................................12
11. COUNTY ADMINISTRATOR MATTERS - NONE .............................12
12. DEPARTMENTAL MATTERS.................................................................12
A. COMMUNITYDEVELOPMENT......................................................................................12
3
December 9, 2008
L REVIEW OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE, 2008
INCENTIVES REVIEW AND RECOMMENDATION REPORT...........................................12
12.B. EMERGENCY SERVICES - NONE.........................................................14
12.C. GENERAL SERVICES - NONE................................................................14
12.E. HUMAN SERVICES - NONE....................................................................14
12.F. LEISURE SERVICES - NONE..................................................................14
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE ......................14
12.11. RECREATION - NONE..............................................................................14
12.I. PUBLIC WORKS.........................................................................................14
L MIDDLE SCHOOL BB - ROADWAY IMPROVEMENTS, 57TH STREET BETWEEN
66TH AVENUE AND 58TH AVENUE, INTERLOCAL AGREEMENT BETWEEN INDIAN
RIVER COUNTYAND THE SCHOOL BOARD OFINDIANRIVER COUNTY.....................14
12.J. UTILITIES SERVICES - NONE...............................................................16
13. COUNTY ATTORNEY MATTERS.........................................................16
A. ATTORNEY-CLIENT SESSION CONCERNING LITIGATION WITH OCEAN
CONCRETE, INC. AND GEORGE MAIB.........................................................................16
13.B. UNCONDITIONAL OFFER FOR PARCEL 108 ON 66TH AVENUE OWNED BY
WILLIAMBETHEL, 4875 66THAVENUE, VEROBEACH..............................................16
4
December 9, 2008
B.C. UNCONDITIONAL OFFER FOR PARCEL 109 ON 66TH AVENUE OWNED BY
WILLIAMANDRUTHSTANBRIDGE, 4855 66THAvENUE, VEROBEACH....................17
B.D. UNCONDITIONAL OFFER FOR PARCEL 110 ON 66TH AVENUE OWNED BY
WILLIAMANDRUTHSTANBRIDGE, 483566THAvENUE, VEROBEA CH....................IS
14. COMMISSIONERS' ITEMS......................................................................18
A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE .........18
B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -
NONE..............................................................................................................19
C. COMMISSIONER GARY C. WHEELER - NONE...............................19
D. COMMISSIONER PETER D. O'BRYAN...............................................19
1. REQUEST FOR A LETTER OF SUPPORT TO THE ENVIRONMENTAL LEARNING
CENTER.......................................................................................................................19
E. COMMISSIONER BOB SOLARI -NONE ............................................19
15. SPECIAL DISTRICTS AND BOARDS....................................................20
A. EMERGENCYSERVICESDISTRICT..............................................................................20
1. APPROVAL OFMINUTESREGULAR MEETING OFAUGUST 12, 2008 .........................20
2. APPROVAL OFMINUTESREGULAR MEETING OF SEPTEMBER 9, 2008 ....................20
3. APPROVAL OFMINUTESREGULAR MEETING OF SEPTEMBER 16, 2008 ..................20
4. FY 2007-2008 RECORDS DISPOSITION COMPLL9NCE STATEMENT AND
RECORDS MANAGEMENT LL4ISON OFFICER FORM..................................................20
5. APPROVAL OF FY 2008/09 EMS COUNTY AWARDS GRANT. PURCHASE OF
CAPITAI✓OPERATING EQUIPMENT USING NON-MATCHING EMS GRANT
FUNDS AND GRANT RESOLUTION...............................................................................20
5
December 9, 2008
15B. SOLID WASTE DISPOSAL DISTRICT..................................................20
1. FY2007--2008 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RCORDS
MANAGEMENT LIAISON OFFICER FORM...................................................................21
2. UPDATE ONADVERTISEMENT FOR WASTE HAULING IN THE UNINCORPORATED
PORTION OF THE ENTERPRISE ZONE.........................................................................21
C. ENVIRONMENTAL CONTROL BOARD - NONE..............................21
16. ADJOURNMENT.........................................................................................21
6
December 9, 2008
December 9, 2008
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
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 9, 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 Athena Adams.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
December 9, 2008
1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
Chairman Davis announced the following changes to today's Agenda:
Addition: Item 5.C. Presentation of Proclamation by Lisa Zahner, Executive
Director, Dollars for Scholars
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
the above addition to the Agenda.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
the Agenda, as amended.
5. PROCLAMATIONS AND PRESENTATIONS
A. THE CHILDREN'S SERVICES ADVISORY COMMITTEE (CSAC) WILL
HONOR SHERIFF ROY RAYMOND FOR HIS DEDICATION TO THE
CHILDREN OF INDIAN RIVER COUNTY AND HIS PARTICIPATION ON
THE CSAC
Commissioner O'Bryan read and presented the Proclamation, on behalf of the
Children's Services Advisory Committee, to Sheriff Roy Raymond, honoring him for his time,
efforts, and dedication to the children of Indian River County.
Sheriff Raymond expressed his honor to have served on the subject Committee for
the past eight years. He encouraged the County's continued funding towards this organization,
because of the CSAC's continued valuable service to the Community.
December 9, 2008
2
B. PRESENTATION ON WINTER FEST. .JOINT PROGRAM BY INDIAN
RIVER COUNTY RECREATION DEPARTMENT AND POINTE WEST. BY
CHUCKMECHLING
Chuck Mechling of Pointe West thanked the Commissioners for serving and for all
they do for the community. He announced the fun activities that would be available at Pointe
West's Annual Event, Fire and Ice, scheduled for Saturday, December 20, 2008, starting at 2:00
p.m., to be followed by fireworks in the evening. There would be no cost to patrons.
C ADDITION. PRESENTATION BYDOLLARS FOR SCHOLARS
Lisa Zahner, Executive Director of Dollars for Scholars, provided a brief
background and history of her Organization, and announced that this week they are celebrating
Dollars for Scholars Week in the County. She thanked all supporters of the Organization.
Chairman Davis spoke of the scholarships and academic achievements of Dollars
for Scholars, and invited Ms. Zahner to announce that the website for students to apply for
scholarships is www.dfsindianriver.or2.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REOUIRING BOARD ACTION
A. RESIGNATION OF DISTRICT S APPOINTEE TO PLANNING AND
ZONING COMMISSION
December 9, 2008
3
8. CONSENT AGENDA
8.A. IRC BID NO. 2008070 PROJECT 0322 RECOMMENDATION OF
AWARD MOORINGS CLUB & INDIAN RIVER COUNTY SEAWALL
REPAIRS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Contract Award, without the Bond
requirements, to the low bidder, Summerlin's Marine
Construction LLC, in the total amount of $75,750.00,
which includes the release of the Summerlin's Marine
Construction LLC bid bond; and authorized the Chairman
to execute said Contract in the amount approved, and after
receipt and approval of the required insurance, as
recommended in the memorandum of December 2, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.B. APPROVAL OF COST SHARE AGREEMENT #25245 BETWEEN THE
ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT AND INDIAN
RIVER COUNTY FOR INDIAN RIVER COUNTY EGRET MARSH
REGIONAL STORMWA TER PARK
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the St John's River Water Management
District's Cost Share Amendment #25245, and authorized
the Chairman to execute same, as recommended in the
memorandum of December 1, 2008.
December 9, 2008
4
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. APPROVAL OF AMENDMENT NO. I TO WORK ORDER NO. 3 -EM
WITH MALCOLM PIRNIE, INC.. FOR ADDITIONAL ENGINEERING
SERVICES FOR EGRET MARSH REGIONAL STORMWATER PARK
FINAL REDESIGNAND CONSTRUCTION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Amendment to Work Order No. 3 -EM with
Malcolm Pirnie, Inc., and authorized the Chairman to
execute same, as recommended in the memorandum of
November 25, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. FY 2007-2008 RECORDS DISPOSITION COMPLIANCE STATEMENT
AND RECORDS MANAGEMENT LIAISON OFFICER FORM BOARD OF
COUNTY COMMISSIONERS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved and authorized the Chairman to sign the Records
Disposition Compliance Statements for the period October
1, 2007 through September 30, 2008, and for the Record
Management Liaison Officer (RMLO) Form to be
submitted to the Florida Department of State, as
recommended in the memorandum of December 1, 2008.
December 9, 2008
5
8.E. WORK ORDER NO. 2 (ENGINEERING) WITH ARDAMAN &
ASSOCIATES. INC.. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES 53RD STREET BRIDGE OVER LATERAL H CANAL — IRC
PROJECT NO. 0107
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 2 (Engineering) with Ardaman
& Associates, Inc., authorizing the project as outlined in
the Proposal, and authorized the Chairman to execute
same for a not -to -exceed fee of $4,800.00, as
recommended in the memorandum of November 19, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. WORK ORDER NO. 3 (ENGINEERING) WITH ARDAMAN &
ASSOCIATES. INC.. PROVIDING PROFESSIONAL GEOTECHNICAL
SERVICES IN ACCORDANCE WITH THE ANNUAL GEOTECHNICAL
SERVICES 56TH PLACE BRIDGE OVER NORTH RELIEF CANAL —IRC
PROJECTNO. 0611B
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 3 (Engineering) with Ardaman
& Associates, Inc., authorizing the project as outlined in
the Proposal, and authorized the Chairman to execute
same for a not -to -exceed fee of $4,200.00, as
recommended in the memorandum of November 19, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 9, 2008
6
8.G. PROFESSIONAL ENVIRONMENTAL SERVICES AGREEMENT, OSLO
BOAT RAMP — IRC PROJECT NO. 0381. AMENDMENT NO. 1 (G.K.
ENVIRONMENTAL. INC.)
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Amendment No. 1 with G.K. Environmental,
Inc., for a total cost of $26,590.00, as recommended in the
memorandum of November 24, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K WORK ORDER NO. 17 (ENGINEERING/SURVEYING) CARTER
ASSOCIATES. INC.. PROPOSED 26TH STREET BETWEEN 74TH AVENUE
AND 82" AVENUE ADDITIONAL PROFESSIONAL SURVEYING AND
MAPPING SERVICES
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 17 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 24, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 9, 2008
7
8.L PROVIDING GEOTECHNICAL SERVICES FOR CR -510 FROM 61sT
DRIVE TO SHORE LANE ROADWAY IMPROVEMENTS. ARDAMAN &
ASSOCIATES. INC.. WORK ORDER NO. 4
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved Work Order No. 4 with Ardaman & Associates,
Inc., authorizing the professional services as outlined in
the Scope of Services, and authorized the Chairman to
execute said Work Order for a fee not -to -exceed
$16,946.00, as recommended in the memorandum of
November 20, 2008.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1 APPROVAL OF .JOINT PARTICIPATION AGREEMENT WITH FDOT,
AVIATION BOULEVARD AT US 1. FDOT WORK PROGRAM #
424142-1-58-01 AND ACCOMPANYING RESOL UTION
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Joint Participation Agreement, and
Resolution 2008-197 authorizing execution of a
Transportation Regional Incentive Program (TRIP) for
various intersection improvements along US-1/SR-5 from
Aviation Blvd., to Old Dixie Highway.
PARTIALLY EXECUTED COPY OF AGREEMENT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
December 9, 2008
8
8.K DONATIONOFART WORK
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the acceptance of a donated painting with a letter
to be sent to Mrs. O'Brien thanking her for her donation,
as recommended in the memorandum of December 2,
2008.
8.L. FIRST AMENDMENT AND EXTENSION TO CONTINUING CONTRACT.
COASTAL TECHNOLOGY CORPORATION. INC.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the First Amendment and Extension to
Continuing Contract with Coastal Technology
Corporation, Inc., and authorized the Chairman to execute
said Contract, as recommended in the memorandum of
December 1, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. FIRST AMENDMENT AND EXTENSION TO CONTINUING CONTRACT,
APPLIED TECHNOLOGYAND MANAGEMENT. INC.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the First Amendment and Extension to
Continuing Contract with Applied Technology and
December 9, 2008
9
Management, Inc., and authorized the Chairman to
execute said Contract, as recommended in the
memorandum of December 1, 2008.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS -
A. PUBLIC HEARINGS
1. REALTORS ASSOCL4TION OF INDIAN RIVER COUNTY. INC'S
REQUEST TO AMEND THE FUTURE LAND USE MAP TO
REDESIGNATE f . O %S ACRES FROM L-1 TO CII.- AND TO REZONE
THE f . O %S ACRES FROMRM--3 TO CL (LEGISLATIVE)
Community Development Director Bob Keating recapped the backup
memorandum dated December 2, 2008, and provided background on this request to amend the
Future Land Use Map to re -designate and rezone a portion of the subject property to commercial.
He informed the Board that the Planning and Zoning Commission unanimously approved and
recommended that the Board approve the proposed amendment. He thereafter presented staff's
recommendation for Board approval of the proposed amendment to change the site's land use
designation from L-1 to C/I and to rezone the subject property from RM -3 to CL.
Director Keating responded to questions from Commissioner O'Bryan regarding
the remainder parcel to the east that is still residential, and whether it was big enough to be built
on or whether it would be restricted.
December 9, 2008
10
The Chairman opened the Public hearing. There were no speakers and the
Chairman closed the public hearing.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve
staff" s recommendation.
There were no further discussions.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board adopted the
following Ordinances:
(1) Ordinance 2008-019 amending the Future Land Use
Element of the Comprehensive Plan by changing the land
use designation for ± .075 acres located north of 67th
Street and approximately 140 feet east of US. 1 from, L-1
low density residential -1 (up to 3 units per acre), to C/I,
commercial/industrial; and providing codification,
severability, and effective date.
(2) Ordinance 2008-020 amending the Zoning Ordinance
and Zoning Map for ± .075 acres located north of 67th
Street and approximately 140 feet east of US. 1 from RM -
3, multi -family residential district (up to 3 units per acre),
to CL, Limited Commercial District; and providing
codification, severability, and effective date.
December 9, 2008
11
10.B. PUBLIC DISCUSSION ITEMS - NONE
10.C. PUBLIC NOTICE ITEMS
1. NOTICE OF SCHEDULED PUBLIC HEARING ONDECEMBER 1 G, 2008
TO AMEND CERTAIN SECTIONS OF THE ANIMAL CONTROL
ORDINANCE CODIFIED AT CHAPTER 302 OF THE INDIAN RIVER
COUNTY CODE (LEGISLATIVE)
2. NOTICE OF SCHEDULED PUBLIC HEARING ON DECEMBER 1 G. 2008
CONSIDERATION OF AMENDMENTS TO RESTRICTIONS ON PARKING
COMMERCIAL VEHICLES IN RESIDENTIAL AREAS, LDR CHAPTERS
901, 911, AND 912 (LEGISLATIVE)
IL COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
A. COMMUNITYDEVELOPMENT
1. REVIEW OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE,
2008 INCENTIVES REVIEW AND RECOMMENDATION REPORT
Community Development Director Bob Keating asked the Board to approve the
final report on the Affordable Housing Advisory Committee (AHAC), and said this was another
mandate from the State and funding is received through the SHIP Program, about $11/4 million
each year. Through a PowerPoint presentation, Director Keating presented a brief history on the
creation of the Committee, the requirements of House Bill 1375, AHAC actions, current
strategies, as well as new housing strategies, and the recommendations of the AHAC Report. He
thereafter presented staff's recommendation for Board approval of the proposed resolution
accepting the AHAC Report; to direct staff to submit a copy of the Report to the Florida Housing
December 9, 2008
12
Finance Corporation (FHFC) by December 31, 2008; and to direct staff to revise the Local
Housing Assistance Plan to incorporate the recommendations contained in the AHAC Report.
Commissioner O'Bryan asked if the Committee had addressed the issue of the
clustering of affordable housing, and Director Keating said the Committee had not, but they
would be looking at that at the first of the year.
Vice Chairman Flescher spoke of his liaison with the Committee and thanked
Sasan Rohani for his work on the Committee.
Bob Johnson, Coral Wind Subdivision, asked about the recommendation to
reconcile the inventory of land owned by the County with the State, seeking to know the impact,
and whether the County would have to buy land to reconcile this situation.
Director Keating reported that this activity was mandated by the Legislature last
year, and an inventory was done on about 600 parcels of County -owned property, and it was
determined that ten were eligible for affordable housing and they are still working out the details
to donate those to private, non-profit, housing groups that would construct affordable housing on
those lots. There would be no required mandate of the County to buy anything.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
Resolution 2008-198 approving the Indian River County
Affordable Housing Advisory Committee (AHAC) Report
and directing staff to revise the County's Local Housing
Assistance Plan consistent with the Affordable Housing
Advisory Committee Report recommendations.
December 9, 2008
13
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
12.11. RECREATION - NONE
12.I. PUBLIC WORKS
1. MIDDLE SCHOOL BB — ROADWAY IMPROVEMENTS, 57m STREET
BETWEEN 66TH AVENUE AND 58TH AVENUE, INTERLOCAL
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE SCHOOL
BOARD OFINDIANRIVER COUNTY
Assistant Public Works Director Chris Mora through a PowerPoint presentation
displayed the subject location and provided background on the request regarding the construction
of a new middle school on the north side of 57th Street, east of 66th Avenue, in the
unincorporated area of Indian River County, and temporarily named "Middle School BB". In
conclusion, he presented staff's recommendation for Board approval of the Interlocal Agreement
with the School Board for the subject roadway improvements.
Commissioner O'Bryan asked if staff was comfortable with the estimates, because
$2.5 million seemed a lot, going into those projects.
December 9, 2008
14
Director Mora said staff was very confident with the estimates and that we would
meet our $1.25 million commitment.
Chairman Davis questioned when the bridge would be opened, and whether we
have the right of way along these routes to complete the job.
To the former, Director Mora said design and construction of the bridge should be
done within a year and a half; and to the latter, said we do not have the right-of-way to build the
four lanes of 66th Avenue that are proposed in our 5 -Year Plan, but we do have enough right-of-
way to do just the left -turn lanes, the bridge improvements, and the traffic signal, without
obtaining new right-of-ways. He said they could make the improvements that are part of this
Agreement without any additional right-of-way.
Bob Johnson, Coral Wind Subdivision, referred to the state of the present
economy and could not see why the County was paying the $2.5 million. He recommended that
the project be returned to the School District to be funded by them.
Chairman Davis explained to Mr. Johnson, the rule pertaining to offsite
improvements.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
Alternative No. 1, authorizing the Chairman to sign the
Interlocal Agreement with the School Board of Indian
River County, for roadway improvements to 57th Street,
66th Avenue, and 58th Avenue, as recommended in the
memorandum of November 26, 2008.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 9, 2008
15
12.J. UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
A. ATTORNEY-CLIENT SESSION CONCERNING LITIGATION WITH
OCEAN CONCRETE, INC. AND GEORGE MAIB
County Attorney William Collins gave Notice for an Attorney -Client Session to be
held, in accordance with the provisions of Florida Statute 286.011(8), on December 16, 2008, at
11:30 a.m., in the County Commissioners' Conference Room, to receive advice concerning the
litigation with Ocean Concrete, Inc., and George Maib.
Attorney Collins responded to Commissioner O'Bryan's request for clarification
on the ethical obligation of Commissioners on attorney-client sessions, as far as discussions with
others about the matter.
No Board action was required or taken.
13.B. UNCONDITIONAL OFFER FOR PARCEL 108 ON 66' AVENUE
OWNED BY WILLIAHBETHEL. 4875 66THAVENUE. VERO BEACH
Deputy County Attorney William DeBraal informed the Board that this was simply
an unconditional offer that staff was asking the Board to extend to the property owner, William
Bethel, in order to reinstitute negotiations for the purchase of the subject property.
Commissioner O'Bryan asked if we were treating this as a partial or a full take,
and how the parcel price was determined.
December 9, 2008
16
Attorney DeBraal confirmed that it was a partial take, because we could not show
the necessity for a full take.
for so doing.
Commissioners discussed partial versus full take of property and the requirements
Commissioner O'Bryan wanted to make sure we are being fair to property owners.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
an unconditional offer to purchase the necessary right-of-
way from William Bethel at a price of $152,950.00, as
recommended in the memorandum of December 3, 2008.
B.C. UNCONDITIONAL OFFER FOR PARCEL 109 ON 66TH AVENUE
OWNED BY WILLIAM AND RUTH STANBRIDGE. 4855 66TH AVENUE.
VERO BEACH
Deputy County Attorney William DeBraal informed the Board that this property,
owned by the Stanbridges, is not their homestead property; it is a 1.23 acre parcel property zoned
agricultural, with a small wood frame house of only 800 square feet that was built back in 1926.
The County needs to acquire about .42 acres on this parcel, leaving a remainder that the
Appraiser thought would render the home less valuable because of the take.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
an unconditional offer to purchase the necessary right-of-
way from William and Ruth Stanbridge at a price of
December 9, 2008
17
$78,200.00, as recommended in the memorandum of
December 3, 2008.
B.D. UNCONDITIONAL OFFER FOR PARCEL 110 ON 66TH AVENUE
OWNED BY WILLIAM AND RUTH STANBRIDGE, 4835 66TH AVENUE.
VERO BEACH
Deputy County Attorney William DeBraal informed the Board that this was the
Stanbridge homestead, located at 4835 66th Avenue, and the right-of-way line would be
impacting approximately 1/3 of the house, and staff could only show a necessity for the taking of
the 0.42 acres. He updated the Board on the appraisal and staff's final offer.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
an unconditional offer to purchase the necessary right-of-
way from William and Ruth Stanbridge at a price of
$203,550.00, as recommended in the memorandum of
December 3, 2008.
Attorney DeBraal verified for the Chairman that other parcels (to be presented to
the Board in the future) were to the north of the subject properties and all with similar situations.
He explained that he did not want to extend unconditional offers to the other properties to the
north, because staff wanted to make sure that the sketch and legal description match, and that the
right offer was made on the right property.
14. COMMISSIONERS' ITEMS
A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
December 9, 2008
18
B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN
- NONE
C. COMMISSIONER GARY C. WHEELER - NONE
D. COMMISSIONER PETER D. O'BRYAN
I. REQUEST FOR A LETTER OF SUPPORT TO THE ENVIRONMENTAL
LEARNING CENTER
Commissioner O'Bryan, pursuant to an e-mail request from Holly Dill, Executive
Director of the Environmental Learning Center, requested that the Board authorize the Chairman
to sign a letter of support to the Environmental Learning Center, endorsing their efforts to rebuild
the structures destroyed in a fire on June 30, 2008, to green building standards, and the
incorporation of renewable energy systems.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved and authorized the Chairman to sign a letter of
support to the Environmental Learning Center, endorsing
their efforts to rebuild the structures destroyed in a fire on
June 30, 2008, to green building standards and the
incorporation of renewable energy systems, as requested
in the memorandum of December 1, 2008.
E. COMMISSIONER BOB SOLARI - NONE
December 9, 2008
19
15. SPECIAL DISTRICTS AND BOARDS
The Chairman announced that immediately upon adjournment of the regular
meeting of the Board of County Commissioners, the Board would reconvene as the Board of
Commissioners of the Emergency Services District. Those Minutes are being prepared
separately and are appended to this document.
A. EMERGENCY SER VICES DISTRICT
1. APPROVAL OFMINUTESREGULAR MEETING OFAUGUST 12, 2008
2. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 9.
2008
3. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 16,
2008
4. FY 2007-2008 RECORDS DISPOSITION COMPLIANCE STATEMENT
AND RECORDS MANAGEMENT LIAISON OFFICER FORM
S. APPROVAL OF FY 2008/09 EMS COUNTY A wARDs GRANT:
PURCHASE OF CAPITAL/OPERATING EQUIPMENT USING NON-
MATCHING EMS GRANT FUNDS AND GRANT RESOL UTION
15B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Board Meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and are
appended to this document.
December 9, 2008
20
n
0
1. FY 2007-2008 RECORDS DISPOSITION COMPLL4NCE STATEMENT
AND RCORDS MANAGEMENT LIAISON OFFICER FORM
2. UPDATE ON ADVERTISEMENT FOR WASTE HAULING IN THE
UNINCORPORATED PORTION OF THE ENTERPRISE ZONE
C. ENVIRONMENTAL CONTROL BOARD - NONE
16. ADJOURNMENT
There being no further business, the Chairman declared the Meeting adjourned at
10:23 a.m.
ATTEST:
Mary Louise Scheidt, Clerk, Ad Interim
Minutes Approved:
FEB 0 3 2009
`bdesley S. Davi , Chairman
December 9, 2008
21 136 P6 33-0