HomeMy WebLinkAbout02/03/2009 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF FEBRUARY 3, 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
S.A. PRESENTATION BY GEOSYNTEC - UPDATE ON THE GIFFORD LANDFILL
CONTAMINATION AND REMEDIATION 2
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OFNOVEMBER 18, 2008 3
6.B. REGULAR MEETING OF DECEMBER 2, 2008 3
6.C. REGULAR MEETING OF DECEMBER 9, 2008 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION 4
7.A. 2009 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL CHAIRMAN AND VICE
CHAIRMAN 4
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February 3, 2009
7 B. 2009 ELECTION OF CONSERVATION LANDS ADVISORY COMMITTEE CHAIRMANAND
VICE CHAIRMAN 5
7.C. 2009 ELECTION OF BEACH AND SHORE PRESERVATION COMMITTEE CHAIRMANAND
VICE CHAIRMAN 5
ZD. 2009 PUBLIC LIBRARY ADVISORY BOARD (PLAB) ELECTION OF CHAIRMAN AND VICE
CHAIRMAN 5
7.E. 2009 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMANAND VICE CHAIRMAN5
7. F. 2009 ELECTION OF MPO REGIONAL ADVISORY COMMITTEE (MPORAC) CITIZENS
ADVISORY COMMITTEE (MPOCAC) APPOINTEES 6
7.G. 2009 ELECTION OF MPO REGIONAL ADVISORY COMMITTEE (MPORAC) TECHNICAL
ADVISORY COMMITTEE (MPOTAC) APPOINTEES 6
7.11. 2009 ELECTION OF PLANNING & ZONING COMMISSION CHAIRMANAND VICE
CHAIRMAN 6
7.1. 2009 ELECTION OF HISTORIC RESOURCES ADVISORY COMMITTEE (HRAC)
CHAIRMAN AND VICE CHAIRMAN 7
7.J. 2009 ELECTION OF EMERGENCY SERVICES DISTRICT ADVISORY COMMITTEE
CHAIRMANAND VICE CHAIRMAN 7
8. CONSENT AGENDA 7
8.A. APPROVAL OF WARRANTS AND WIRESJANUARY9, 2009 THRUJANUARY15, 2009 8
8.B. APPROVAL OF WARRANTS AND WIRES JANUARY 16, 2009 THRUJANUARY22, 20098
8.C. SECOND UPDATED 2009 BCC COMMITTEE ASSIGNMENTS 8
8.D. OUT OF COUNTY TRAVEL TO ATTEND FAC LEGISLATIVE CONFERENCE 9
8.E. OUT OF COUNTY TRAVEL TO ATTEND THE 2009 FLORIDA SPORTS FOUNDATION
GOVERNOR'S BASEBALL DINNER 9
8.F. INDIAN RIVER COUNTY INVESTMENT ADVISORY COMMITTEE QUARTERLY
INVESTMENT REPORT FOR THE QUARTER ENDING 12/31/08 11
8.G. AMENDMENT NO. 1 TO PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
AGREEMENT WITHEDLUND, DRITENBAS, BINKLEY ARCHITECTS AND ASSOCIATES,
P.A.— IRC PRoJECTNo. 0701 11
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February 3, 2009
B.H. WOODSIDE FIELDSTONE RANCHL.L. C 'S REQUEST FOR FINAL PLAT APPROVAL FOR
THE SPYGLASS AFFIDAVIT OF EXEMPTION PROJECT 12
8.1. INDIAN RIVER COUNTY BID No. 2009011 ANNUAL BID FOR CATCH BASINS AND
STORM WATER INLETS 12
8..J. G.K. ENVIRONMENTAL, INC. WORK ORDER GKE-WFP FOR ST. JOHN'S RIVER
WATER MANAGEMENT DISTRICT (SJRWMD) ENVIRONMENTAL RESOURCES PERMIT
(ERP), AND ARMY CORP OF ENGINEERS (ACOE) PERMIT FOR THE
REPAIR/REPLACEMENT OF THE WABASSO CAUSEWAY FISHING PIERS; FOURTH AND
FINAL PAYMENT 13
8.K. 2009/2010 BUDGET WORKSHOP/HEARING SCHEDULE 13
8.L. VERO LAKE ESTATES MASTER PLAN 12" WATER TRANSMISSION MAIN PHASE 1
SHELTRA AND SONS CONSTRUCTION, INC - CHANGE ORDER No. 3 & FINAL
PAYMENT TO CONTRACTOR, RELEASE OF RETAINAGE 14
8.M. VERO LAKE ESTATES MASTER PLAN WATER MAIN EXTENSION PHASE 1- WORK
ORDER No. 9 — PROFESSIONAL SERVICES TO SCHULKE, BITTLE, AND STODDARD,
L.L.C. — FINAL PAY TO CONSULTANT UCP 2958 14
B.N. VERO CADILLAC- FINAL PAYMENT TO DERRICO CONSTRUCTION CORPORATION AND
REIMBURSEMENT TO JAMES J. LINUS, DEVELOPER, FOR ENGINEERING COSTS 15
8.0. RIGHT-OF-WAY ACQUISITION- 66THAVENUE #03 70 6800, 6810, 6820 AND 6830 33"
STREET, INTERSECTION TRANSITION CHERRY LANE CATTLE, LLC RUSSELL PAYNE,
MGRM
15
B.P. RIGHT-OF-WAY ACQUISITION- 66THAVENUE#0370, 8000 66TH AVENUE, VERO
BEACH, FL 32967, LAKESIDE FELLOWSHIP BAPTIST CHURCH, INC, TERRY
ALDERTON, PRESIDENT 16
B.Q. RIGHT-OF-WAYACQUISITION, CR 510 PROJECT #0610 7675 85TH STREET, PARCEL
LD. # 31-38-36-00000-1000-00005.0, OWNERS: STEVEN AND LINDA JONES 16
B.R. AGREEMENT TO PURCHASE TEMPORARY CONSTRUCTION EASEMENT, EDWARD P. AND
LEONA PETERSON, 43119TH PLACE, VERO BEACH 17
B.S. APPROVAL OF AGREEMENT WITHAT&T FOR INCREASED DEDICATED INTERNET
ACCESS FOR THE INDL4N RIVER COUNTY LIBRARY SYSTEM 17
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8.7'. EMERGENCY PURCHASE ORDER #56176 CKA & ASSOCIATES WABASSO BEACH PARK
DUNE RESTORATION 18
8.U. CONSERVATION EASEMENT FOR COUNTY ROAD 512 PHASE 3 PROJECT 18
8.V. IMAGINE SCHOOL - PHASE 1 SECURITY 19
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 19
9.A. INDIAN RIVER COUNTY CLERK OF THE COURT - JEFFREY K. BARTON: 19
NEW INVESTMENT POLICY FOR OPEB (OTHER POST EMPLOYMENT BENEFITS TRUST 19
10. PUBLIC ITEMS 21
10.A.1. PUBLIC HEARING -NONE 21
10.B. PUBLIC DISCUSSION ITEMS 21
10.B.1. REQUEST TO SPEAK FROMPATRICKM. BROWN, PHD. REGARDING DODGERTOWN
OCCUPANCY 21
10.B.2. REQUEST TO SPEAK FROM FRANK ZORC REGARDING CONTAMINATION AT THE
AIRPORT 22
10.B.3. REQUEST TO SPEAK FROM JIM BELLO, SILVER SHORES HOLDINGS, LLC, REGARDING
CODE ENFORCEMENT BOARD /FINES APPEAL PROCESS 23
10.C. PUBLIC NOTICE ITEMS 23
10.C.1. NOTICE OF SCHEDULED PUBLIC WORKSHOP FEBRUARY 5, 2009: 23
9:00 A.M. TO 12:00 NOON: ECONOMIC DEVELOPMENT SUMMIT 23
1:30 P.M. TO 4:30 P.M.: GOALS FOR 2009 AND FIVE YEAR STRATEGIC VISION 23
TO BE HELD AT SEBASTIAN CITY HALL, CITY COUNCIL CHAMBERS 23
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS FEBRUARY 17, 2009: 23
A. HATTIE ROBERTS: REQUEST FOR SPECIAL EXCEPTION USE APPROVAL FOR A CHILD
DAYCARE FACILITY TO BE KNOWN AS HATTIE ROBERTS FAMILY DAYCARE. HATTIE
ROBERTS, OWNER. LOIS EDWARDS, AGENT. LOCATED AT 865 23RD PLACE S.W.
ZONING CLASSIFICATION: RS -6, RESIDENTIAL SINGLE-FAMILY (UP TO 6
UNITS/ACRE). LAND USE DESIGNATION: L-2, LOW DENSITY RESIDENTIAL (UP TO 6
UNITS/ACRE)(QUASI-.JUDICIAL 23
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B. QUAIL RIDGE OF VERO BEACH, LLC: REQUEST FOR PD SPECL4L EXCEPTION USE
AND CONCEPTUAL PD PLAN APPROVAL FOR AN AGRICULTURAL PD TO BE KNOWN AS
QUAIL RIDGE. QUAIL RIDGE OF VERO BEACH, LLC, OWNER. KNIGHT, MCGUIRE &
ASSOCIATES, INC., AGENT. LOCATED ON THE SOUTH SIDE OF 69TH STREET, JUST WEST
OF QUAIL VALLEY COUNTRY CLUB. ZONING CLASSIFICATION: A-1, AGRICULTURAL 1
(UP TO 1 UNIT/5 ACRES). LAND USE DESIGNATION: AG -1, AGRICULTURAL 1 (UP TO 1
UNIT/5 ACRES)(LEGISLATIVE) 24
C. INDL4NRIVER ASSOCIATES, II, LLLP: REQUEST FOR CONCEPTUAL PLANNED
DEVELOPMENT (PD) SPECIAL EXCEPTION USE APPROVAL FOR A PROJECT TO BE
KNOWN AS FALCON TRACE PHASE III. INDIAN RIVER ASSOCIATES, II, LLLP'S,
OWNER. KNIGHT, MCGUIRE & ASSOCIATES, INC., AGENT. LOCATED AT THE
SOUTHEAST CORNER OF 27THAVENUESW AND 21ST STREET SW. ZONING
CLASSIFICATION: RS -6, RESIDENTIAL SINGLE FAMILY (UP TO 6 UNITS/ACRE) LAND
USE DESIGNATION: L-2, LOW DENSITY 2 (UP TO 6 UNITS/ACRE) (LEGISLATIVE) 24
11. COUNTY ADMINISTRATOR'S MATTERS 25
11.A. 2009 HIBISCUS FESTIVAL 25
12. DEPARTMENTAL MATTERS 26
12.A. COMMUNITY DEVELOPMENT 26
12.A.1. REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY DEVELOPMENT BLOCK
GRANT DISASTER RECOVERY INITIATIVE APPLICANT LIST AND AUTHORIZE STAFF TO
ADVERTISE TO SOLICIT BIDS FOR HURRICANE WILMA HARDENING WORK ACTIVITIES
26
12.B. EMERGENCY SERVICES -NONE 27
12.C. GENERAL SERVICES 27
12. C.1. AUTHORIZATION TO SEEK PROFESSIONAL SERVICES FOR PLANNING AND DESIGN FOR
FUTURE EXPANSION OF SHERIFF'S ADMINISTRATION OFFICES AND EVIDENCE
STORAGE 27
12.1). HUMANRESOURCESNONE 29
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12.E. HUMAN SERVICES -NONE 29
12.F. LEISURE SERVICES -NONE 29
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 29
12.H. RECREATION -NONE 29
12.L PUBLIC WORKS 29
12.1.1. WORK ORDER #14, APPLIED TECHNOLOGY AND MANAGEMENT INC., SECTORS 1 & 2
BEACH RESTORATION, POST -CONSTRUCTION MONITORING (SUMMER 2009) 29
1212. 16TH/17TH STREET FROM 500 FEET WEST OF 14THAVENUE TO U.S.], LOCALLY
FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION,
COUNTY FUNDING FOR ROADWAY WIDENING PROJECT 30
1213. PRESENTATION OF BEACH PRESERVATION PLAN 31
12.1 UTILITIES SERVICES 35
12.11. COLLIER CREEK ESTATES PETITION WATER SERVICE, INDIAN RIVER COUNTY PROJECT
No. UCP -4017 35
13. COUNTY ATTORNEY MATTERS 39
13.A. CONTINUATION FROM JANUARY 13, 2009 MEETING - PROVENCE BAY REQUEST FOR
SIDEWALK EXTENSION 39
13.B. RETENTION OF ENGINEER FOR ASSISTANCE ON RIGHT-OF-WAY ACQUISITION 40
13.C. MENSING PROPOSAL TO AVOID LITIGATION THROUGH PARTIAL RIGHT-OF-WAY
ABANDONMENT 42
14. COMMISSIONER ITEMS 44
14.A. COMMISSIONER WESLEY$. DAVIS, CHAIRMAN -NONE 44
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -NONE 44
14. C COMMISSIONER GARY C. WHEELER 44
14.C.1. REQUEST FOR RESOLUTION 44
14.D. COMMISSIONER PETER D. O'BRYAN--NONE 45
14.E. COMMISSIONER BOB SOLARI-NONE 45
15. SPECIAL DISTRICTS AND BOARDS 45
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February 3, 2009
15.A. EMERGENCY SERVICES DISTRICT 45
15.A. 1. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO BARTH
CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF FIRE RESCUE STATION #245
15.B. SOLID WASTE DISPOSAL DISTRICT 46
15.B.1. WORK ORDER NO. 11 TO CAMP DRESSER & MCKEE INC. (CDM) FOR ENGINEERING
SERVICES WITH THE 2009 ANNUAL PERMIT COMPLIANCE MONITORING AND
REPORTING 46
15. C ENVIRONMENTAL CONTROL BOARD 46
15. C 1. APPROVAL OF MINUTES REGULAR MEETING OF OCTOBER 21, 2008 46
15. C.2. QUARTERLY REPORT FOR THE 1ST QUARTER - FISCAL YEAR 2008-2009 FOR
SUBMISSION TO THE BOARD OF COUNTY COMMISSIONERS 46
16. ADJOURNMENT 47
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February 3, 2009
February 3, 2009
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, February 3, 2009. 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 Maureen Gelfo.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Tom Harris, First Presbyterian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Gary C. Wheeler led the Pledge of Allegiance to the Flag.
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February 3, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BY GEOSYNTEC — UPDATE ON THE GIFFORD LANDFILL
CONTAMINATION AND REMEDIATION
Director of Utilities Erik Olson reviewed the backup memorandum of January 27,
2009, pertaining to contamination found at the former Gifford Road Landfill, which operated in
the late 1960's and 1970's. He reported that the Florida Department of Environmental
Protection (FDEP) had ordered the clean-up, and that Himanshu Mehta, Managing Director of
the Solid Waste Disposal District (SWDD), has been the contact person working with the FDEP.
Director Olson divulged that staff's efforts have been directed solely towards identifying the
contamination, and the ultimate cleanup, and not directed towards finding the originator of the
pollution. Director Olson thereafter introduced Jim Langenbach to speak regarding the
remediation efforts which are being undertaken by Geosyntec, the County's Environmental
Consultant.
Jim Langenbach, PE, Geosyntec Consultants, through a PowerPoint presentation
(copy on file), provided an overview of the Landfill's history, and a chronology of Geosyntec's
actions relative to excavation and remediation of the contaminants, CVOC (chlorinated volatile
organic compound) and TCE (trichloroethylene), which were found at the old Gifford Road
Landfill. He discussed the "Big Dig", which was an aggressive source removal conducted in
2004, and outlined Geosyntec's future plans towards the ultimate goal of site cleanup and
closure, and which included the installation in 2008 of a bio -barrier treatment wall, which uses
vegetable oil for filtration. He thereafter responded to questions from the Board regarding the
bio -barrier process; whether the source of contamination has been identified; the process for
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February 3, 2009
mapping and tracking the area of the underground "plume" of pollution; and the time frame for
completion of the restoration project.
Director Mehta thanked Geosyntec for coming out, and told the Board that staff
would continue to work with the FDEP, to protect the public and the environment.
The Board decided it would be beneficial to display Mr. Langenbach's
presentation on the County's website.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF NOVEMBER 18, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of November 18, 2008. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the Minutes of the Regular Meeting of November 18,
2008, as written.
6.B. REGULAR MEETING OF DECEMBER 272008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of December 2, 2008. There were none.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
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February 3, 2009
the Minutes of the Regular Meeting of December 2, 2008,
as written.
6. C. REGULAR MEETING OF DECEMBER 9, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of December 9, 2008. There were none.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of December 9, 2008,
as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
The Chairman read the following informational items into the record.
7.A. 2009 ELECTION OF ECONOMIC DEVELOPMENT COUNCIL CHAIRMAN AND
VICE CHAIRMAN
(Clerk's Note: Ms. Linda Schlitt-Gonzalez was elected as Chairman of the
Economic Development Council, and Ms. Penny Chandler as Vice Chairman, of the Economic
Development Council, for 2009).
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February 3, 2009
7.B. 2009 ELECTION OF CONSERVATION LANDS ADVISORY COMMITTEE
CHAIRMAN AND VICE CHAIRMAN
(Clerk's Note: Jens Tripson was re-elected as Chairman, and Dr. Jorge Rey was
elected as Vice Chairman, of the Conservation Lands Advisory Committee, for 2009).
7.C. 2009 ELECTION OF BEACH AND SHORE PRESERVATION COMMITTEE
CHAIRMAN AND VICE CHAIRMAN
(Clerk's Note: Bill Glynn was elected as Chairman, and Councilmember Dale
Simchick was elected as Vice Chairman, of the Beach and Shore Preservation Committee, for
2009).
7.D. 2009 PUBLIC LIBRARY ADVISORY BOARD (PLAB) ELECTION OF
CHAIRMAN AND VICE CHAIRMAN
(Clerk's Note: Ardra Rigby was re-elected as Chairman, and Nancy Johnson as
Vice Chairman, to the Public Library Advisory Board for 2009).
7.E. 2009 ELECTION OF CODE ENFORCEMENT BOARD CHAIRMAN AND VICE
CHAIRMAN
(Clerk's Note: Karl Zimmermann was elected as Chairman, and Cliff Suthard as
Vice Chairman, of the Code Enforcement Board for 2009).
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February 3, 2009
7.F. 2009 ELECTION OF MPO REGIONAL ADVISORY COMMITTEE (MPORAC)
CITIZENS ADVISORY COMMITTEE (MPOCAC) APPOINTEES
(Clerk's Note: The Joint MPO Citizens Advisory Committee (CAC) and MPO
Technical Advisory Committee (TAC) members voted to re-elect Juliana Young as Chairman,
and Robert Johnson as Vice Chairman of the MPOCAC for 2009).
7.G. 2009 ELECTION OF MPO REGIONAL ADVISORY COMMITTEE (MPORAC)
TECHNICAL ADVISORY COMMITTEE (MPOTAC) APPOINTEES
(Clerk's Note: The Joint MPO Citizens Advisory Committee (CAC) and MPO
Technical Advisory Committee (TAC) members voted to re-elect Jason Nunemaker as Chairman,
and to elect Mr. Monte Falls as Vice Chairman of the MPOTAC for 2009).
7.H. 2009 ELECTION OF PLANNING & ZONING COMMISSION CHAIRMAN AND
VICE CHAIRMAN
(Clerk's Note: George Hamner was re-elected as Chairman, and Greg Smith as
Vice Chairman, of the Planning and Zoning Commission for 2009).
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February 3, 2009
7.1. 2009 ELECTION OF HISTORIC RESOURCES ADVISORY COMMITTEE
(HRA C) CHAIRMAN AND VICE CHAIRMAN
(Clerk's Note: Chris Crawford was elected as Chairman, and Ardra Rigby was
elected as Vice Chairman, of the Historical Resources Advisory Committee for 2009).
7.J. 2009 ELECTION OF EMERGENCY SERVICES DISTRICT ADVISORY
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
(Clerk's Note: Councilmember Bill Fish was elected as Chairman, and Ms.
Colleen Jeeves as Vice Chairman, of the Emergency Services District Advisory Committee for
2009).
8. CONSENT AGENDA
Vice Chairman Flescher asked to pull Items 8.E. & 8.I. for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
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February 3, 2009
8.A. APPROVAL OF WARRANTS AND WIRES JANUARY 9, 2009 THRU JANUARY
15.2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of January 9, 2009
to January 15, 2009, as requested in the memorandum
dated January 15, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES JANUARY 16, 2009 THRU JANUARY
22.2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires as issued by the
Clerk to the Board for the time period of January 16, 2009
to January 22, 2009, as requested in the memorandum
dated January 22, 2009.
8.C. SECOND UPDATED 2009 BCC COMMITTEE ASSIGNMENTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the second update to the 2009 Committee
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February 3, 2009
Assignments for each Commissioner, as recommended in
the memorandum of January 23, 2009.
8.D. OUT OF COUNTY TRAVEL TO ATTEND FAC LEGISLATIVE CONFERENCE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved out -of -County travel for Commissioners and
staff to attend the Florida Association of Counties (FAC)
Legislative Day in Tallahassee on March 25, 2009, as
recommended in the memorandum of January 21, 2009.
8.E. OUT OF COUNTY TRAVEL TO ATTEND THE 2009 FLORIDA SPORTS
FOUNDATION GOVERNOR'S BASEBALL DINNER
Vice Chairman Flescher questioned the value of this event, which he believed
represents about a $1,000 cost to the taxpayer.
MOTION WAS MADE by Vice Chairman Flescher, to
deny staff's recommendation for the out -of -County travel
to the Baseball Dinner on February 24, 2009. MOTION
DIED FOR LACK OF A SECOND.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Chairman Davis, for discussion, to
approve staff's recommendation for out—of-County travel
to the Baseball Dinner on February 24, 2009.
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February 3, 2009
Commissioner O'Bryan stated that when he had attended the Baseball Dinner last
year, invaluable contacts had been made in the baseball community He said that it is very
important for the County to attend this year, when attempts are being made to bring a baseball
team into the community.
Commissioner Solari was in favor of having County attendance at the event,
stating that it is the type of activity which could generate something very positive for the County.
Commissioner Wheeler felt that it was important for Commissioner O'Bryan (who
has been working closely on the baseball negotiations), and the County Administrator, to attend
the Baseball Dinner and see what prospects are available for the future.
Chairman Davis also felt that it was appropriate for the County Administrator and
for Commissioner O'Bryan to attend the Baseball Dinner. He added that the County is paying
over $100,000 per month for Dodgertown's maintenance, so a $1,000 trip to find a venue to take
it over would be a prudent decision.
After further discussion among the Commissioners, the Board took the following
action:
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Vice Chairman Flescher opposed), the Board
approved out -of -County travel for Commissioners and
staff to attend the 2009 Florida Sports Foundation
Governor's Baseball Dinner in St. Petersburg, Florida on
February 24, 2009, as recommended in the memorandum
of January 26, 2009.
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February 3, 2009
8.F. INDIAN RIVER COUNTY INVESTMENT AD VISOR Y COMMITTEE
QUARTERLYINVESTMENT REPORT FOR THE QUARTER ENDING 12/31/08
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
accepted the Investment Advisory Committee Quarterly
Report, as recommended in the memorandum of January
26, 2009.
8.G. AMENDMENT NO. 1 TO PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES AGREEMENT WITH EDL UND, DRITENBAS,
BINKLEY ARCHITECTS AND ASSOCIATES, P.A. - IRC PROJECT No. 0701
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Amendment No. 1 to the Professional Architectural and
Engineering Services Agreement with Edlund, Dritenbas,
Binkley Architects and Associates, P.A., and authorized the
Chairman to execute same, as recommended in the
memorandum of January 20, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 3, 2009
8.H. WOODSIDE FIELDSTONE RANCHL.L. C. "s REQUEST FOR FINAL PLAT
APPROVAL FOR THE SPYGLASS AFFIDAVIT OF EXEMPTION PROJECT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
granted final plat approval for the Spyglass Affidavit of
Exemption, as recommended in the memorandum of
January 26, 2009.
8.1. INDIAN RIVER COUNTY BID No. 2009011 ANNUAL BID FOR CATCH
BASINS AND STORM WATER INLETS
Vice Chairman Flescher asked why there had been only one bid submitted;
whether the County was going to stockpile the catch basins; and whether it was more efficient to
secure the catch basins on an as -needed basis.
County Administrator Joe Baird stated that vendors were reluctant to bid, due to
volatile concrete prices, and he thought that the County would obtain better prices by obtaining
the items on an as -needed basis.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Solari, the Board unanimously approved
staff's recommendation to reject the bid submitted by
Oldcastle Precast, Inc. (Brooks Products), for the purchase
and delivery of Catch Basins and Storm Water Inlets.
After completing the review process, staff felt that the bid
prices submitted were too high due to fuel cost, and
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February 3, 2009
recommended foregoing an annual bid in favor of
obtaining quotes for these items on an as -needed basis, all
as recommended in the memorandum of January 21, 2009.
8.J. G.K. ENVIRONMENTAL, INC. WORK ORDER GKE-WFP FOR ST. JOHN'S
RIVER WATER MANAGEMENT DISTRICT (SJRWMD) ENVIRONMENTAL
RESOURCES PERMIT (ERP), AND ARMY CORP OF ENGINEERS (ACOE)
PERMIT FOR THE REPAIR/REPLACEMENT OF THE WABASSO CAUSEWAY
FISHING PIERS; FOURTH AND FINAL PAYMENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of G.K. Environmental, Inc.'s
application for the final payment in the amount of
$935.00, as recommended in the memorandum of January
16, 2009.
8.K. 2009/2010 BUDGET WORKSHOP/HEARING SCHEDULE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the scheduled Budget Workshop dates of
Wednesday, July 15 - Thursday, July 16, 2009; the Public
Hearing on tentative budget and proposed millage rates on
Wednesday, September 9, 2009, at 5:01 p.m.; and the final
Budget Hearing to adopt budget and millage rates on
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February 3, 2009
Wednesday, September 16, 2009, at 5:01 p.m., as
recommended in the memorandum of January 26, 2009.
8.L. VERO LAKE ESTATES MASTER PLAN 12" WATER TRANSMISSION MAIN
PHASE 1 SHELTRA AND SONS CONSTRUCTION, INC. — CHANGE ORDER
No. 3 & FINAL PAYMENT TO CONTRACTOR, RELEASE OF RETAINAGE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved final payment to Sheltra and Sons Construction
Company, Inc., in the amount of $193,947.50; approved
Change Order No. 3 for a deduction of $3,990.60; and
authorized the Chairman to execute same, as
recommended in the memorandum of January 14, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. VERO LAKE ESTATES MASTER PLAN WATER MAIN EXTENSION PHASE 1
— WORK ORDER No. 9 - PROFESSIONAL SERVICES TO SCHULKE, BITTLE,
AND STODDARD, L.L. C - FINAL PAY TO CONSULTANT UCP 2958
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved final payment to Schulke, Bittle and Stoddard,
L.L.C., in the amount of $1,878.27, as recommended in
the memorandum of January 14, 2009.
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February 3, 2009
8.N. VERO CADILLAC — FINAL PAYMENT TO DERRICO CONSTRUCTION
CORPORATION AND REIMBURSEMENT TO JAMES J. LINUS, DEVELOPER,
FOR ENGINEERING COSTS
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the final payment to Derrico Construction
Corporation for $991.59, and the Invoice for
reimbursement to James J. Linus of $13,685.00, as
recommended in the memorandum of January 21, 2009.
8.0. RIGHT-OF-WAY ACQUISITION — 66THAVENUE#0370 6800, 6810, 6820
AND 6830 33RD STREET, INTERSECTION TRANSITION CHERRY LANE
CATTLE, LLC RUSSELL PAYNE, MGRM
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative No. 1, the Agreement to Purchase,
Sell, and Lease Real Estate with Cherry Lane Cattle, LLC,
and authorized the Chairman to execute same, as
recommended in the memorandum of January 21, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 3, 2009
8.P. RIGHT-OF-WAY ACQUISITION- 66THAVENUE#0370, 8000 66TH AVENUE,
VERO BEACH, FL 32967, LAKESIDE FELLOWSHIP BAPTIST CHURCH,
INC., TERRYALDERTON, PRESIDENT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative No. 1, the Agreement to Purchase,
Sell, and Lease Real Estate with Lakeside Fellowship
Baptist Church, Inc., and authorized the Chairman to
execute same, as recommended in the memorandum of
January 15, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Q. RIGHT-OF-WAY ACQUISITION, CR 510 PROJECT #0610 7675 85TH
STREET PARCEL I.D. # 31-38-36-00000-1000-00005.0, OWNERS:
STEVEN AND LINDA JONES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Option 1, the purchase of the needed right-of-
way located at 7675 85th Street, at a price of $2,712.51
plus $135.63 in attorney fees, and authorized the
Chairman to execute the Purchase and Sale Agreement
with Steven Jones and Linda Maria Jones, as
recommended in the memorandum of January 26, 2009.
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February 3, 2009
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. AGREEMENT TO PURCHASE TEMPORARY CONSTRUCTION EASEMENT,
EDWARD P. AND LEONA PETERSON, 4311 9TH PLACE, VERO BEACH
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative No. 1, the $598.00 purchase, and
authorized the Chairman to execute the Agreement with
Edward P. Peterson and Leona Peterson, as recommended
in the memorandum of January 20, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. APPROVAL OF AGREEMENT WITH AT&T FOR INCREASED DEDICATED
INTERNET ACCESS FOR THE INDIAN RIVER COUNTY LIBRARY SYSTEM
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Agreement with AT&T for Increased
Dedicated Internet Access for the Indian River County
Library System, and authorized the County Administrator
to execute the Agreement on behalf of the Board, as
recommended in the memorandum of January 28, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 3, 2009
8.T. EMERGENCY PURCHASE ORDER #56176 CKA & ASSOCIATES WABASSO
BEACH PARK DUNE RESTORATION
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Purchase Order #56176, with CKA &
Associates, Inc., in the amount of $39,450.00, and
authorized the issuance of a Change Order in the same
amount to replace the Emergency Purchase Order, as
recommended in the memorandum of January 22, 2009.
8.U. CONSERVATION EASEMENT FOR COUNTY ROAD 512 PHASE 3 PROJECT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the Chairman to execute the revised
Conservation Easement with St. Johns River Water
Management District (SJRWMD). Upon approval and
execution of the revised Easement, the initial Conservation
Easement will be released and the revised Easement will
be recorded in its place, as recommended and stated in the
memorandum of January 28, 2009.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 3, 2009
8.V. IMAGINE SCHOOL — PHASE 1 SECURITY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Cash Deposit and Escrow Agreement with
Bouma Construction, Inc., and the Contract for
Construction of Required Roadway Improvements with
Schoolhouse Finance, LLC, and authorized the Chairman
to execute same, as recommended in the memorandum of
January 26, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. INDIAN RIVER COUNTY CLERK OF THE COURT — JEFFREY K. BARTON:
NEW INVESTMENT POLICY FOR OPEB (OTHER POST EMPLOYMENT
BENEFITS) TRUST
Jeffrey K. Barton, Clerk of the Circuit Court and Comptroller, introduced Diane
Bernardo, Finance Director, who provided the details on staff's request to approve the new
investment policy for OPEB. She recalled that in 2008, the Board had approved Resolution
2008-163, establishing an irrevocable trust for OPEB to separately identify assets accumulated to
pay OPEB benefits for eligible retirees. Director Bernardo briefed the Board on the new
investment policy which was developed for the Trust, and which was designed for long-range
planning She thereafter presented staff's recommendation for the Board to approve the
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February 3, 2009
investment policy, after which the Investment Advisory Committee would invest the existing
funds and decide where to put the 2009 contribution.
Commissioner O'Bryan wanted to know why REITs (Real Estate Investment
Trusts), were not included under approved investments, and learned from Director Bernardo that
it was due to the current volatility of the Market. Director Bernardo added that she would
discuss with the Investment Advisory Committee, the possibility of including the REITs.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari to approve the
Investment Policy, with a request that the Investment
Advisory Committee look again at including the REITs
(Real Estate Investment Trusts) in the authorized
investments.
Director Bernardo advised that the Investment Advisory Committee meets on a
quarterly basis, and would be providing a quarterly report to the Board.
Chairman Davis asked that the OPEB Report be placed on the County website.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved the
investment policy establishing the Indian River County
Investment Policy For Other Post Employment Benefits
Trust (OPEB), with the request that the Investment
Advisory Committee look again at including the REITs
(Real Estate Investment Trusts) in the authorized
investments.
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February 3, 2009
10. PUBLIC ITEMS
10.A.1. PUBLIC HEARING - NONE
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM PATRICK M. BROWN, PHD. REGARDING
DODGERTOWN OCCUPANCY
Dr. Patrick M. Brown, Ph.D., 510 24th Avenue, presented a handout to the Board
(copy on file), and made suggestions and observations about hiring a major consultant to help the
County attract a baseball team.
Administrator Baird provided for Dr. Brown an update on County actions taken
thus far, which included meeting with Peter Angelos (owner of the Baltimore Orioles); John
Angelos (Executive Vice President of the Baltimore Orioles); and Cal Ripken (Member of the
Baseball Hall of Fame). He conveyed that the County had talked to several Major and Minor
League Baseball Organizations, and that the County's professional negotiator, Bob Reid, had
talked to the Orioles' professional negotiator Alan Rifkin. He added that some of the difficulties
that the County was experiencing were related to the small size of the community, and to the lack
of amenities (such as commercial airlines), desired by today's ball teams.
Dr. Brown commented that this was the first time he had heard of these actions.
Chairman Davis said that the reason Dr. Brown had not heard of the County's
actions was probably due to the Confidentiality Agreement between the County and the Orioles.
He stated that the important thing was to get jobs back at Dodgertown, to draw people into the
community to generate tax revenue, and not necessarily to have a Major League Baseball Team.
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February 3, 2009
NO ACTION REQUIRED OR TAKEN.
10.B.2. REQUEST TO SPEAK FROM FRANK ZORC REGARDING
CONTAMINATION AT THE AIRPORT
Clerk's Note: The following presentation occurred after Item 6. C. and is placed
here for continuity.
Mr. Frank Zorc read a statement (copy on file) regarding the situation at the
Gifford Road Landfill, and wondered why so few efforts have been made to find the primary
responsible party, who he felt should pay the cost of the clean up. He believed that a Health
Study done by Dr. Susan Watkins, Ph.D., indicated that Piper Aircraft was responsible for two
triclorethylene (TCE) spills, and he opined that Piper might also be responsible for the subject
contamination. He thereafter presented to Board, staff, and Geosyntec, a series of questions
relative to the contamination found at the former Landfill.
After some discussion among the Commissioners, it was agreed that this was not
the proper format for Mr. Zorc to obtain answers to his technical questions, and Mr. Zorc agreed
to the Board request to submit the questions to the County Administrator.
NO ACTION REQUIRED OR TAKEN.
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February 3, 2009
10. B. 3. REQUEST TO SPEAK FROM JIM BELLO, SILVER SHORES HOLDINGS,
LLC, REGARDING CODE ENFORCEMENT BOARD / FINES APPEAL
PROCESS
Mr. Bello was not present.
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC WORKSHOP FEBRUARY 5, 2009:
9:00 A.M. TO 12:00 NOON: ECONOMIC DEVELOPMENT SUMMIT
1:30 P.M. TO 4:30 P.M.: GOALS FOR 2009 AND FIVE YEAR STRATEGIC VISION
TO BE HELD AT SEBASTIAN CITY HALL, CITY COUNCIL CHAMBERS
Commissioner O'Bryan mentioned that there would be opportunities for public
input in both sessions of the Economic Development Summit, and Chairman Davis announced
that the Summit was going to be more of a workshop, than a formal meeting.
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARINGS FEBRUARY 17, 2009:
A. HATTIE ROBERTS: REQUEST FOR SPECIAL EXCEPTION USE APPROVAL
FOR A CHILD DAYCARE FACILITY TO BE KNOWN AS HATTIE ROBERTS
FAMILY DAYCARE. HATTIE ROBERTS, OWNER. LOIS EDWARDS, AGENT.
LOCATED AT 865 23RD PLACE S.W. ZONING CLASSIFICATION: RS -6,
RESIDENTIAL SINGLE-FAMILY (UP TO 6 UNITS/ACRE). LAND USE
DESIGNATION: L-2, LoW DENSITY RESIDENTIAL (UP TO 6
UNITS/ACRE) (QUASI-JUDICIAL)
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February 3, 2009
B. QUAIL RIDGE OF VERO BEACH, LLC: REQUEST FOR PD SPECIAL
EXCEPTION USE AND CONCEPTUAL PD PLAN APPROVAL FOR AN
AGRICULTURAL PD TO BE KNOWN AS QUAIL RIDGE. QUAIL RIDGE OF
VERO BEACH, LLC, OWNER. KNIGHT, MCGUIRE & ASSOCIATES, INC.,
AGENT. LOCATED ON THE SOUTH SIDE OF 69TH STREET, JUST WEST OF
QUAIL VALLEY COUNTRY CLUB. ZONING CLASSIFICATION: A-1,
AGRICULTURAL 1 (UP TO 1 UNIT/5 ACRES). LAND USE DESIGNATION:
AG -1, AGRICULTURAL 1 (UP TO 1 UNIT/5ACRES)(LEGISLATIVE)
C. INDIAN RIVER ASSOCIATES, II, LLLP: REQUEST FOR CONCEPTUAL
PLANNED DEVELOPMENT (PD) SPECIAL EXCEPTION USE APPROVAL FOR
A PROJECT TO BE KNOWN AS FALCON TRACE PHASE III. INDIAN RIVER
ASSOCIATES, II, LLLP'5, OWNER. KNIGHT, MCGUIRE & ASSOCIATES,
INC., AGENT. LOCATED AT THE SOUTHEAST CORNER OF 27TH AVENUE SW
AND 21ST STREET SW. ZONING CLASSIFICATION: RS -6, RESIDENTIAL
SINGLE FAMILY (UP TO 6 UNITS/ACRE) LAND USE DESIGNATION: L-2,
LOW DENSITY 2 (UP TO 6 UNITS/ACRE) (LEGISLATIVE)
The Chairman read the notices into the record.
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February 3, 2009
11. COUNTY ADMINISTRATOR'S MATTERS
11.A. 2009 HIBISCUS FESTIVAL
County Administrator Joseph Baird related that Milt Thomas, Chairman of the
Hibiscus Festival, had requested that the County waive the standard rental fees for using the
County's stage, with the canopy, and with County set-up, for the 2009 Hibiscus Festival. He
then asked for Board direction on Mr. Thomas's request.
Commissioner Wheeler wanted to know how often the County equipment was
loaned, and learned from Administrator Baird that over the past year (due to current economic
conditions), equipment has been loaned about eight times, with an estimated $20,000 lost in
rental revenues. Commissioner Wheeler wanted to see some consistency and criteria set for
payment or non-payment, and felt that even organizations for which payment was waived,
should pay the County's labor costs, which often involve overtime.
Vice Chairman Flescher expressed concerns about the expenses of overtime; felt
that there would have to be some limit set; wanted to see a return to the non-profit rate; and
encouraged partnering with the municipalities to see if equipment could be shared and expenses
reduced.
Commissioner Solari wanted to know why the City of Vero Beach was not
providing the stage, and additionally inquired why the canopy had to be included.
Milt Thomas, Chairman, Hibiscus Festival, provided details on the Hibiscus
Festival, which is a Community Event, and fundraiser for three organizations. He explained that
there was no sponsor for the requested stage, and that the City's stage (being provided for free),
was being used for another purpose. He added that many of the parents had requested inclusion
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February 3, 2009
of the canopy so the children would not be performing in the direct sun. Mr. Thomas thereafter
responded to the Board's questions regarding the duration of the performance.
Chairman Davis discussed how valuable these types of community events are;
noted how difficult it is to raise funds; and believed that the County should help facilitate these
activities. He added that any fee waivers might require re-evaluation, when the economic
situation turns around.
Administrator Baird asked Mr. Thomas if it would be satisfactory to have the loan
of the stage, minus the canopy, since the latter is what produces most of the labor. Mr. Thomas
acquiesced.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
waiving the standard rental fees for the use of the County
stage, without the canopy, for the 2009 Hibiscus Festival.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST TO APPROVE THE HURRICANE WILMA COMMUNITY
DEVELOPMENT BLOCK GRANT DISASTER RECOVERY INITIATIVE
APPLICANT LIST AND A UTHORIZE STAFF TO ADVERTISE TO SOLICIT
BIDS FOR HURRICANE WILMA HARDENING WORK ACTIVITIES
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, to approve
staff's recommendation.
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February 3, 2009
Director Keating explained that an important aspect of the Community
Development Block Grant program was to make sure there were no conflicts of interest between
the Commissioners and the eight applicants. The Commissioners reviewed the names of the
applicants, and established that there were no conflicts of interest.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the list
of Hurricane Wilma CDBG-DRI (Community
Development Block Grant -Disaster Recovery Initiative)
applicants, and authorized staff to begin the bid process to
secure services from licensed contractors for needed
rehabilitation work, as recommended in the memorandum
of January 5, 2009.
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES
12. C.1. AUTHORIZATION TO SEEK PROFESSIONAL SERVICES FOR PLANNING
AND DESIGN FOR FUTURE EXPANSION OF SHERIFF'S ADMINISTRATION
OFFICES AND EVIDENCE STORAGE
Commissioner Wheeler wanted to include in this expansion, direction for staff to
look at a facility or a building for evidence storage within the outside compound, for evidence
which is kept in the outside compound, and which needs to be protected.
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February 3, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to
approve staff's recommendation, with the direction for
staff to look at a facility or a building for evidence storage
within the outside compound.
Under discussion, Vice Chairman Flescher acknowledged the need for the
expansion of the Sheriff's facilities, and acknowledged the importance of providing the Sheriff
with the necessary facility to ensure justice for the citizens of the community. He requested that
this item be brought back to the Board, to make sure that it was done properly.
General Services Director Tom Frame conveyed that it has been some time since
the Sheriff's facilities had been expanded, and that this update would provide the opportunity to
get some planning and design so that the updates could be made.
Sheriff Deryl Loar thanked the Commissioners and assured them that his staff
would make the Board proud.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
issuance of a Request for Proposals (RFP) for Professional
Services, and funding from optional sales tax not to
exceed $50,000 for such services to plan and design
expansion of administrative offices and additional
evidence storage area, with direction for staff to look at a
facility or a building for evidence storage within the
outside compound.
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February 3, 2009
The Chairman called a recess at 10:30 a.m. and reconvened the meeting at 10:45
a.m., with all members present.
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SER VICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.I.PUBLIC WORKS
12.1.1. WORK ORDER #14, APPLIED TECHNOLOGY AND MANAGEMENT INC.,
SECTORS 1 & 2 BEACH RESTORATION, POST -CONSTRUCTION
MONITORING (SUMMER 2009)
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Work Order No. 14 to the Contract with Applied
Technology and Management Inc., and authorized the
Chairman to execute same, as recommended in the
memorandum of January 22, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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February 3, 2009
12.1.2. 16n1/17
STREET FROM 500 FEET WEST OF 14THAVENUETO U.S.1,
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, COUNTY FUNDING FOR ROADWAY WIDENING
PROJECT
Assistant Public Works Director Chris Mora used a PowerPoint presentation (copy
on file), to provide background description and analysis on the 16th117th Street Roadway
Widening Project. He explained that construction costs would be funded jointly through a
Locally Funded Agreement between the County and the Florida Department of Transportation
(FDOT). Director Mora thereafter presented staff's recommendation to approve the Locally
Funded Agreement between the County and the FDOT, and to authorize the Chairman to execute
the three documents that accompany the Agreement: (1) the Locally Funded Agreement with the
FDOT; (2) the Memorandum of Agreement; and (3) the Resolution.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to approve
staff's recommendation.
Director Mora responded to Commissioner Solari's questions regarding time
frames for commencement and completion of the Project.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Resolution 2009-006, authorizing the Chairman to
execute a locally funded Agreement with the Florida
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February 3, 2009
Department of Transportation to contribute funds toward
improvements on 16th / 17th Street.
AGREEMENTS AND MEMORANDUM OF AGREEMENT ARE ON FILE IN THE OFFICE OF THE CLERK TO THE
BOARD
12.1.3. PRESENTATION OF BEACH PRESERVATION PLAN
Jonathan Gorham, Coastal Resource Manager, presented for Board approval an
update of the County's Beach Preservation Plan (BPP), which was developed by Coastal
Technology Corporation, and which provides detailed analysis, erosion history, and proposed
management strategies for each of the eight planning Sectors along the County's 22 '/4 miles of
shoreline. He informed the Board that the Beach and Shore Advisory Committee has included
in the BPP, a recommendation to develop a Municipal Services Taxing Unit (MSTU) or
Municipal Services Benefit Unit (MSBU) to supplement current sources of local funding, which
come from the tourist development tax and local option sales tax revenues. Mr. Gorham noted
that the adoption of the BPP would not commit the County to any specific course of action.
Michael Walter, Coastal Technology, used a PowerPoint presentation (copy on
file), to present the key elements of the Beach Preservation Plan. He explained that the Beach
and Shore Preservation Advisory Committee recommended developing the MSTU because of
the fluctuating nature of the local option sales tax and the local tourist tax.
Commissioner O'Bryan discussed the Florida Department of Environmental
Protection (FDEP)'s current lack of alternatives and initiatives regarding finding permanent
solutions for beach erosion. He believed of the two options currently available, pumping sand,
or the erection of seawalls (which once constructed are rarely removed), sand renourishment was
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February 3, 2009
the only viable option, and preferable to "armoring" the beaches. He also spoke of citizens'
environmental and tax -related concerns.
Vice Chairman Flescher acknowledged the importance of maintaining the
infrastructure, but also felt that additional options to sand pumping should be explored. He
mentioned that other states had received Federal grants to create mechanical barriers to erosion,
and he did not know why the County was not exploring those areas.
Commissioner Solari suggested amending the language to the second bulleted item
in the primary recommendations (page 47 of the BPP), as follows: "
to obtain Seek funding to implement the Plan as cited in Section 8.5."
Commissioner Solari suggested adding the following language to the third bulleted
item in the primary recommendations, as follows: "Implement the plan of improvements to
existing public beach access sites or the acquisition of new sites as identified in Section 7.3", if
warranted by a cost benefit analysis."
Under the two secondary recommendations, Commissioner Solari felt that the first
bulleted item "Encourage the City of Vero Beach and the Town of Indian River Shores to
participate in funding to implement this Plan", should be a primary recommendation. On the
second bulleted recommendation, "Direct County staff to re-examine this Plan at least once
every 5 years ...", he inquired as to the reason for selecting the five years; asked Mr. Gorham if
review would be done in-house; and questioned what the cost would be for the review.
Commissioner Wheeler did not know if any method other than sand pumping was
effective; agreed with Commissioner O'Bryan about the "armoring"; and felt that a cost -benefit
analysis would have to be done at the appropriate time.
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February 3, 2009
Jens Tripson, 2525 14th Street, asked if the MSTU would place a tax upon the
residents in the unincorporated areas of the County.
County Budget Director Jason Brown acknowledged that the MSTU would be a
taxing district that would be ad valorem property taxes, and which could also be adopted in the
unincorporated areas and with the consent of the Municipalities, in the incorporated areas.
Commissioner Wheeler made observations on the difference between an MSTU
and an MSBU. Director Brown further clarified that an MSBU is an assessment which must
show a derived benefit in order to create a charge, and that the MSTU amount was based on the
valuation of the property set by the millage rate.
Mr. Tripson objected to having a tax imposed upon the residents of the
unincorporated areas, which was not shared by residents of the Municipalities, because all
residents use the beaches.
County Administrator Baird noted that the County currently uses the optional sales
tax to offset maintenance costs for the beaches. He declared that the Cities, which also receive a
share of those taxes, could vote to use the optional sales tax revenues to share costs.
Bill Glenn, 1802 East Barefoot Place, Chairman, Beach and Shore Advisory
Committee, provided background history on prior and proposed actions relating to beach erosion.
He told the Board that the City of Vero Beach had hired a lobbyist to further investigate $5
million which was sitting in Washington, and which had been earmarked for a proposed County
project (which had been defeated) in 1998. Mr. Glenn thereafter made observations about the
importance of the beaches, and established his support for the creation of the MSTU, rather than
the MSBU.
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February 3, 2009
William Ferrell, 12546 North Highway Al A, talked about the importance of
preserving the "treasure" of the beaches.
Frank Baker, President, Baytree Condominium Association, voiced concerns
about the erosion of some of the dunes bordering the residences at Baytree Villas, and wondered
whether the County would be maintaining the dunes.
Tony Quigley, 1810 East Cayman Road, underscored the importance of
maintaining the beaches, and the need to have all the County residents share the costs for the
beach restoration.
William Suddath, 8840 Sea Oaks Way, supported using the ad valorem taxes to
pay for the beach renourishment.
Commissioner O'Bryan was willing to move forward with some of the conceptual
aspects of the BPP, but felt that a Workshop Meeting or Public Hearing should be dedicated to
analysis of the funding aspects.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to adopt the Sector
Boundaries and Beach Management Strategies as
presented, with staff to provide a cost benefit analysis for
the proposed improvements of additional parking and
beach access, and with the directive to encourage all the
cities to participate in the funding.
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February 3, 2009
Commissioner Solari added that he would second the Motion, stressing the idea of
working on the Municipalities to see what they could do to participate in sharing the costs of the
beach renourishment.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Vice Chairman Flescher opposed), the Motion
carried. The Board adopted the Sector Boundaries and
Beach Management Strategies as presented, with staff to
provide a cost benefit analysis for the proposed
improvements of additional parking and beach access, and
with the directive to encourage all the Municipalities to
participate in the funding.
The Chairman called a recess at 11:53 a.m., and reconvened the meeting at 12:33
p.m. with all members present.
12.J. UTILITIES SERVICES
12.J.1. COLLIER CREEK ESTATES PETITION WATER SERVICE, INDIAN RIVER
COUNTY PROJECT NO. UCP -401 7
James D. Chastain, Manager of Assessment Projects, presented background and
analysis on the request from the owners of Collier Creek Estates for the County to provide
potable water and fire protection. He reported that the proposed project was controversial, as 42
owners had signed opposing the Project, while 85 homeowners (representing 63% of the 134
homes) had signed the petition to explore the County water service. He thereafter conveyed that
staff was not requesting final approval from the Board, but rather authorization for staff to
proceed with the engineering design work.
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February 3, 2009
Mr. Chastain responded to Chairman Davis's questions regarding utilization of the
design plans if the project does not proceed; whether the home/lot owners opposing the project
would be assessed; and regarding the distances between the homes and the fire hydrants.
Discussion arose regarding the need for the fire hydrants at Collier Creek Estates,
in view of a past fire which had occurred in the neighboring conservation area.
Commissioner O'Bryan stated that he had been advised that the Collier Creek
Estates Homeowners Association (HOA) had voted down this item twice, and that the owners
had only signed the petition to obtain the cost of the water service, not to approve the Project.
He confirmed with Mr. Chastain that staff was solely requesting permission to proceed with the
design work to obtain a more accurate cost, and they would then return to the Collier Creek
residents with an informational meeting and Public Hearing.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner O'Bryan, to approve
staff's recommendation, to proceed with the engineering
design work.
The following residents presented reasons for opposing the Collier Creek Estates Petition
Water Service:
Al Manzi, 742 Holden Avenue, Collier Creek Estates
Patricia Kelly, 136 Regatta Street, Melbourne Beach
Jim Gallagher, 766 Holden Ave, Collier Creek Estates
Bruno Danger, 761 S. Easy Street
Judith Gallagher, 766 Holden Avenue, Collier Creek Estates
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February 3, 2009
Don McDermott, 700 South Easy Street
Commissioner Wheeler acknowledged that the County had a legal right to move
forward; however he was opposed to going against the Collier Creek Estates HOA's covenants,
and the requirement to have a 66 2/3 % majority. He felt that the residents of Collier Creek
should sort this out among themselves and then return to the County.
Chairman Davis did not want to impose the water service upon individuals, but
told the residents that the study would not cost them anything. He felt that a decision could not
be made without further cost information.
Robert Johnson, 741 South Easy Street, and a Board member of the Collier
Estates HOA, supported the Project. He clarified that the language in the Declaration of
Provisions and Covenants regarding the 66 2/3 % majority pertains to amendments.
Commissioners O'Bryan felt it would be prudent to move forward and obtain the
cost estimate; however, if the residents did not clearly support the Project after being provided
with further information, he would not vote for it.
Vice Chairman Flescher wanted to move forward to obtain additional information
so that the residents could have the option of having the County water, and of making the best
determination.
Commissioner Solari mentioned that one individual had stated that the Documents
required a 66 2/3 % vote for changes to the water service, in which case he would want a vote
from the HOA; however, if the 66 2/3 % vote was not specifically in the documents, he would
agree with Commissioners Flescher and O'Bryan to proceed with the study.
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February 3, 2009
Mr. Chastain clarified that today's discussion on the water service was not a
Public Hearing and reviewed the protocol for proceeding with the Project, which included a
Public Hearing at which all the owners could voice their opinions. He thereafter responded to
questions from the Commissioners regarding the proposed cost for the survey and engineering
design work, and for how long the estimate and plans would be good.
The Board accepted further input from the following residents, who opposed the
proposed Water Service:
Jim Gallagher: 766 Holden Ave, Collier Creek Estates
Patricia Kelly: 136 Regatta Street, Melbourne Beach
Commissioner Wheeler wanted to see the Collier Creek Estates residents come
together and decide what they want, and then come petition the County, rather than the County
forcing something on the neighborhood.
Vice Chairman Flescher felt it would be useful to go ahead with the design, which
does not expire.
Commissioner O'Bryan and Mr. Chastain discussed how to obtain a good voter
turnout. Commissioner O'Bryan said that a certified letter could be sent out, and if 120
home/lot owners do not say "yes", the Board would not vote for the Project.
Additional suggestions and comments regarding the proposed Water Project were
provided by the following residents:
Judith Gallagher, 766 Holden Avenue, Collier Estates
Bruno Danger, 761 S. Easy Street
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February 3, 2009
Robert Johnson, 741 South Easy Street
Chairman Davis felt that it was the County's job to provide the information so that
the residents could make a decision.
Commissioner Wheeler felt that the majority of the residents should vote for the
water service, before the County spends money on it, because the project might end up "sitting
on the shelf."
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Solari and Wheeler opposed), the
Motion carried. The Board approved Project No. UCP -
4017, and authorized the Department of Utility Services to
proceed with the engineering design work and negotiate a
contract for survey services with one of the approved
survey consultants, in preparation for the special
assessment project, as recommended in the memorandum
of January 30, 2009.
13. COUNTY ATTORNEY MATTERS
13.A. CONTINUATION FROM JANUARY 13, 2009 MEETING — PROVENCE BAY
REQUEST FOR SIDEWALK EXTENSION
County Attorney William Collins recalled that on January 13, 2009, Centex
Homes, the Developer of Provence Bay, had requested a 2 -year sidewalk extension, at which
time the Board had required further information on which sidewalks had already been installed.
He directed the Board's attention to the map on page 265 of the backup, which contained the
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February 3, 2009
requested information, and presented Centex Homes' request for a 2 -year extension to complete
the remaining required sidewalks within Provence Bay.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to approve
Provence Bay's request.
Commissioners, staff, and Attorney Barkett discussed whether the Motion was
conditioned upon putting in the sidewalks referred to in the backup memorandum (where there
were gaps between the units), and it was determined that the Motion would stand as presented.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Provence Bay's request for a two-year sidewalk extension
to complete the remaining required sidewalks within
Provence Bay, as recommended in the memorandum of
January 26, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. RETENTION OF ENGINEER FOR ASSISTANCE ON RIGHT-OF-WAY
ACQUISITION
Deputy County Attorney William DeBraal presented description and background
on the request by County staff to retain a professional engineer, experienced in eminent domain
matters, to address situations that may arise during right-of-way acquisitions. He thereafter
presented staff's recommendation that the Board to approve for staff to negotiate a contract with
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February 3, 2009
Mr. Harold H. Collins, Jr., P.E, for work on eminent domain projects and land acquisition
transactions.
Attorney DeBraal explained for Commissioner O'Bryan that Mr. Harold Collins's
lack of work experience in the County and in FDOT District 4, was primarily due to a lack of
demand for this type of expert in this area, because the County does not have the same type of
expansion as the other areas Mr. Harold Collins has worked in.
Commissioner Solari asked whether the County could retain a local engineer for
this job.
Attorney DeBraal revealed that there were no local engineers with the level of
expertise exhibited by Mr. Harold Collins.
Attorney Collins elaborated, stating that there has been very little condemnation in
the County. If a case went to trial, the local engineers, who do not have much experience, would
not exhibit the same credibility as an engineer who was experienced in eminent domain.
ON MOTION by Commissioner O'Bryan, SECONDED
by Chairman Davis, by a 4-1 vote (Commissioner Solari
opposed), the Board approved staff's recommendation, to
negotiate a professional services contract with Mr. Harold
H. Collins, Jr., P.E., for work on eminent domain projects
and land acquisition transactions, not to exceed $25,000,
with the Contract to be brought back to the Board for
approval.
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February 3, 2009
13. C. MENSING PROPOSAL TO AVOID LITIGATION THROUGH PARTIAL
RIGHT-OF-WAY ABANDONMENT
Attorney Collins recapped the backup memorandum of January 26, 2009 to
provide background history and details of Mr. Fred Mensing's proposal for the County to initiate
a partial right-of-way abandonment involving a 60 -foot strip of land north of Mr. Mensing's
property, which land has been a source of repeated conflicts and potential litigation between Mr.
Mensing and his neighbor, Mr. C.J. Kirrie. Attorney Collins conveyed that Mr. Mensing's
proposal would include the County's retention of a 60 -foot strip of land north of Mr. Kirrie's
property in the Fleming Grant subdivision.. He thereafter asked if the Board would like to
pursue Mr. Mensing's proposal.
C.N. Kirrie, 12855 79th Avenue, stated that the County's abandonment of the strip
of land would be detrimental to him, the neighbors, Emergency Services, and local businesses
because it would affect roadway access, particularly that for emergency vehicles. He preferred
that the Board not move ahead with the partial right-of-way abandonment.
Chairman Davis asked if Community Development had looked at this request from
a planning standpoint, regarding some of the emergency access concerns.
Commissioners, staff, and Mr. Kirrie continued to discuss how the proposed
abandonment would affect road access and road continuity for area residents and businesses.
Chairman Davis felt that the Board's decision should be based on the best interests
of everyone in the subject area, and not on the basis of avoiding litigation.
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February 3, 2009
Commissioner Solari was happy to table the item until Public Works or
Community Development provides input on the proposed right-of-way abandonment, and agreed
with Chairman Davis, that he did not want to approve this item on the basis of one neighbor's
suggestion that the action might prevent a lawsuit.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to TABLE this
item, until Public Works and Community Development
provide input on whether the suggested partial right-of-
way abandonment is consistent with the direction the
Board wants to take.
Commissioner O'Bryan asked Mr. Kirrie to outline his exact concern.
Mr. Kirrie replied that the County had already put some efforts towards providing
an interconnect for emergency situations between 129th and 130th Streets, and his concern was
that the County should be looking at this street as a possible connection from 130th Street to the
Sebastian Airport. Under those conditions, to abandon any portion of a County -owned street that
interconnects like that, would be shortsighted, at the very least.
Attorney Collins conveyed that he would talk to Community Development and
Public Works regarding the proposal and the need for the interconnectivity, and report back to
the Commissioners and to Mr. Kirrie.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
TABLE this item until Public Works and Community
Development provide input on whether the suggested
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February 3, 2009
partial right-of-way abandonment is consistent with the
direction the Board wants to take.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY, DAVIS, CHAIRMAN -NONE
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -NONE
14. C. COMMISSIONER GARY C WHEELER
14.C.1. REQUEST FOR RESOLUTION
Commissioner Wheeler declared that he was totally opposed to the Federal
Government's proposed Stimulus Package. He believed that the Package would only increase
the size of the government; that it would increase inflation, and not stimulate growth; and that
Washington was bailing out multi-million dollar companies and millionaires, and doing it on the
backs of the taxpayers.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to have the County
Attorney draft and send a Resolution of Opposition to the
Federal Bailout to President Barack Obama; Senators Bill
Nelson and Mel Martinez; and Representative Bill Posey.
Vice Chairman Flescher fully supported Commissioner Wheeler's Motion, and
encouraged citizens to visit Representative Bill Posey's website for more information on the
Federal Stimulus Package.
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February 3, 2009
Additional observations were made by Commissioners O'Bryan and Wheeler, after
which the Board took the following action:
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
direct the County Attorney to prepare and send a
Resolution opposing the Federal Bailout to President
Barack Obama; Senators Bill Nelson and Mel Martinez;
and Representative Bill Posey.
14.D. COMMISSIONER PETER D. O'BRYAN--NONE
14.E. COMMISSIONER BOB SOLARI-NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the regular BCC
meeting, the Board would reconvene as the Board of Commissioners of the Emergency Services
District. Those Minutes are being prepared separately and appended to this document.
15.A.1. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE
TO BARTH CONSTRUCTION, INC. FOR THE RECONSTRUCTION OF FIRE
RESCUE STATION #2
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February 3, 2009
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
2:24 p.m.
ATTEST:
Jef ey1 Barton, Clerk
Minutes Approved: MAR 2 4 2009
BCC/MG/2009Minutes
February 3, 2009
Wesley S.
avis, Chairman
45 X 136 PG 71`1