HomeMy WebLinkAbout04/14/2009 (3)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 14, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 1
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF CERTIFICATE OF APPRECIATION TO INDL4NRIVER COUNTY
FIRE RESCUE 2
5.B. PRESENTATION BY THE FLORIDA GREEN BUILDING COALITION TO THE INDIAN
RIVER COUNTYBOARD OF COUNTY COMMISSIONERS FOR THE FLORIDA GREEN
COUNTY "GOLD" CERTIFICATION AWARD 2
6. APPROVAL OF MINUTES - NONE 3
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 3
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April 14, 2009
7.A. CITY OF SEBASTL4N, ORDINANCE No. 0-08-01 - ANNEXING 17.14 ACRES,
LOCATED AT 13225 US 1, KNOWN AS SHADY REST MOBILE HOME PARK ON
FILE IN THE OFFICE OF THE CLERK TO THE BOARD 3
7.B. RESIGNATION OF TAXPAYERS' ASSOCIATION APPOINTEE TO THE LAND
ACQUISITION ADVISORY COMMITTEE 3
7.C. RESIGNATION OF INTERESTED CITIZEN APPOINTEE TO THE MARINE ADVISORY
NARROWS WATERSHED ACTION COMMITTEE 3
ZD. 2009 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE
CHAIRMAN AND VICE CHAIRMAN 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTSAND WIRES-MARCH27, 2009 THRUAPRIL 2, 2009 4
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 5
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF
COUNTIES ANNUAL CONFERENCE IN MARCO ISLAND 5
8.D. F.D. O. T. LOCAL AGENCYPROGRAM (LAP) AGREEMENT - FPNNo.
418136-1-58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE, INDIAN RIVER BOULEVARD SIDEWALK IMPROVEMENT FROM 12TH
STREET TO 1 7TH STREET, IRCPROJECTNO. 0745 5
8.E. F.D. O. T. LOCAL AGENCYPROGRAM (LAP) AGREEMENT - FPNNo.
418030-1-58-01 AND RESOL UTIONAUTHORIZING THE CHAIRMAN'S
SIGNATURE, 8111 STREET SIDEWALK FROM 18TH COURT AND OLD DIXIE
HIGHWAY, IRC PROJECTNo. 0455 6
8.F. PURCHASE AUTHORIZATION FOR ASPHALT MILLINGS 7
8.G. APPROVAL OF RESOLUTION ADOPTING THE 2009 INDIAN RIVER COUNTY
EMERGENCY PLAN FOR HAZARDOUS MATERIALS 8
8.H. THE ENCLAVE SUBDIVISION- PROJECT #0816 - GEOTECHNICAL SERVICES
AMENDMENT NO. 1 TO WORK ORDER #6 DUNKELBERGER ENGINEERING &
TESTING, INC 8
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April 14, 2009
8.1. APPROVAL WORK ORDER No. 3 (ENGINEERING) WITH A. M. ENGINEERING AND
TESTING, INC. PROVIDING PROFESSIONAL GEOTECHNICAL SERVICES IN
ACCORDANCE WITH THE ANNUAL GEOTECHNICAL SERVICES RFQ No.
2008071 FOR OLD DIXIE HIGHWAY FROM12TH STREET TO SR 60, IRCPROJECT
0913 AND FOR 20THAVENUEFROM OSLO ROAD TO SR 60, IRCPROJECT 0914,
AMERICAN RECOVERY AND REINVESTMENT ACT (STIMULUS BILL) 9
8.J. CR 512 PHASE III, CR 510 - PROJECT #9611 & 0001, REQUEST FOR PAYMENT
OF PRECISION CONTRACTING SERVICES, INC. INVOICE 10
8.K. ATTORNEY'S FEES FOR PROBATE WORK ON RIGHT-OF-WAY PARCEL 10
8.L. RELEASE OF PENDING DEMOLITION LIEN, THOMAS A. KALE, 2406 50TH
AVENUE 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES 12
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, 2009 RECOVERY ACT:
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) FORMULA
PROGRAM: LOCAL SOLICITATION 12
9.B. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, BUDGET AMENDMENT 13
9.C. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, 2009 COPS HIRING
RECOVERY PROGRAM (CHRP) 14
10. PUBLIC ITEMS 14
10.A. PUBLIC HEARINGS 14
10.A.1. WINDSOR PROPERTIES, INC. 'S REQUEST TO MODIFY THE WINDSOR
CONCEPTUAL PD PLAN TO CHANGE THE PROJECT BOUNDARY FOR THE OCEAN
BLUFF PHASE OF THE WINDSOR PROJECT (LEGISLATIVE) 14
10.B. PUBLIC DISCUSSION ITEMS - NONE 16
10. C PUBLIC NOTICE ITEMS - NONE 16
11. COUNTY ADMINISTRATOR'S MATTERS 16
11.A. AMERICAN RED CROSS REQUEST FOR DONATED USE OF COUNTY EQUIPMENT 16
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April 14, 2009
12. DEPARTMENTAL MATTERS 17
12.A. COMMUNITY DEVELOPMENT 17
12.A. 1. RECONSIDERATION OF THE 2006/2007 IMPACT FEE UPDATE (DUNCAN)
REPORT 17
12.B. EMERGENCY SERVICES - NONE 19
12.C. GENERAL SERVICES - NONE 19
12.D. HUMAN RESOURCES - NONE 20
12.E. HUMAN SERVICES -NONE 20
12.F. LEISURE SERVICES -NONE 20
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 20
12.H. RECREATION -NONE 20
12.1. PUBLIC WORKS - NONE 20
12.J. UTILITIES SERVICES 20
12..11. BID AWARD RECOMMENDATION, CONSTRUCTION OF WATER, AND
RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND MISCELLANEOUS,
ANNUAL REQUIREMENTS LABOR CONTRACT, INDIAN RIVER COUNTY BID No.
2009026, UTILITIES PROJECT NO. UCP #4006 20
12.J.2. REPLACEMENT OFA 10 -INCH TRANSITE FORCE MAIN FROM VERO SHORES
PUMP STATION EAST OF YOUNG'S MARKET ON U.S.] TO OLD DIXIE HIGHWAY,
UCP No. 4004, WIPNo. 471-23536-044699-09506 21
12.J.3. NORTH COUNTYRO CONNECTION TO WELLS PROJECT - REJECTION OF
BIDS, IRC BID No. 2009030 21
12.1.4. EASEMENT ACQUISITION FOR THE INDIAN RIVER COUNTY UTILITIES
DEPARTMENT LIFT STATION AND FORCE MAINS 22
13. COUNTY ATTORNEY MATTERS 22
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG CR 510, RICHARD AND MARY
RENTSCHLER 22
13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE, BANACK FAMILY LIMITED
PARTNERSHIP 66THAVENUEAND 41ST STREET 23
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April 14, 2009
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE 25
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE 25
14. C. COMMISSIONER GARY C. WHEELER 25
14. C.1. DISCUSSION REGARDING INDIAN RIVER COUNTY ROAD IMPROVEMENTS
PPROJECTS (NO BACK-UP) 25
14. C.2. DISCUSSION REGARDING ESTABLISHING A POLICY FOR REMOVAL OF
PROPOSED ITEMS FROM THE BOARD OF COUNTY COMMISSION AGENDA (NO
BACK-UP) 26
14.D. COMMISSIONER PETER D. O'BRYAN 28
14.D.1. CONSIDERATION OFA CITIZEN'S BUDGET INPUT SURVEY 28
14.E. COMMISSIONER BOB SOLARI - NONE 29
15. SPECIAL DISTRICTS AND BOARDS 29
15.A. EMERGENCY SERVICES DISTRICT - NONE 29
15.B. SOLID WASTE DISPOSAL DISTRICT 29
15B.1. NOTICE OF PUBLIC MEETING TO APPROVE OR DISAPPROVE FRANCHISE
APPLICATIONS: RFA No. 2009025 WASTE HAULING FRANCHISE -
UNINCORPORATED ENTERPRISE ZONE 30
15B.2. SECOND AMENDMENT TO WASTE MANAGEMENT INC. OF FLORIDA FOR THE
VERTICAL EXPANSION AND PARTIAL CLOSURE OF CLASS I LANDFILL AND
BORROW POND CONSTRUCTION 30
15B. 3. AMENDMENT NO. 2 TO WORK ORDER No. 9 TO GEOSYNTEC CONSULTANTS,
INC. FOR CONSUMPTIVE USE PERMIT MONITORING FOR BORROW POND
DEVELOPMENT & CONSTRUCTION 30
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 30
16. ADJOURNMENT 30
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April 14, 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, April 14, 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 Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Dr. Charles C. Lever, Pastor, First United Methodist Church, delivered the
Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins II led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Moved: Item 13.B. was heard following Item 14.C.1.
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April 14, 2009
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved the
above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF CERTIFICATE OF APPRECIATION TO INDIAN RIVER
COUNTY FIRE RESCUE
Commissioner O'Bryan read and presented the Proclamation to Assistant Fire Chief
Ed Prime, who accepted on behalf of the Indian River County Fire Rescue. Fire Rescue Lieutenant
David Dangerfield thanked the Board for the recognition.
S.B. PRESENTATION BY THE FLORIDA GREEN BUILDING COALITION TO THE
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS FOR THE
FLORIDA GREEN COUNTY "GOLD" CERTIFICATION AWARD
Terry Janssen, member of Florida Green Building Coalition Board of Directors
and State co-chair of the Government Green Standards Committee, applauded County staff for
adopting the Green Standards, and for all they had achieved with helping to make Indian River
County a "Green County" at the "Gold" level. He reported that adopting the Standards would
lower the budget, save tax dollars, and make the environment a better place to live. He presented
the Board with an official Certification Award recognizing Indian River County as a "Green
County" at the "Gold" level. The award was framed with recycled pine wood that had been at the
bottom of a river for 200+ years. He said that he would be providing the County with a recycled
flag that is made from recycled plastic materials.
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April 14, 2009
Commissioner O'Bryan thanked Judy Orcutt (Indian River County Sustainability
Committee), Amy Thoma (Florida Green Building Coalition), staff, and all the individuals
responsible for bringing our County to the "Gold" level. He stressed how the certification makes
our County a leader, how it will help economic development, bring in more businesses, and that it
makes for a sustainable County. He acknowledged that Indian River County is only one of three
counties in the state of Florida to have achieved the "Gold" certification.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION
7.A. CITY OF SEBASTIAN, ORDINANCE No. 0-08-01—ANNEXING 17.14
ACRES, LOCATED AT 13225 US 1, KNOWN AS SHADY REST MOBILE
HOME PARK ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
7.B. RESIGNATION OF TAXPAYERS' ASSOCIATION APPOINTEE TO THE LAND
ACQUISITION ADVISORY COMMITTEE
Jim Granse, deceased April 1, 2009, left a vacancy on the Committee.
7.0 RESIGNATION OF INTERESTED CITIZEN APPOINTEE TO THE MARINE
ADVISORY NARROWS WATERSHED ACTION COMMITTEE
Jim Granse, deceased April 1, 2009, left a vacancy on the Committee.
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April 14, 2009
7.D. 2009 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
On April 3, 2009, the School Planning Citizens Oversight Committee (COC)
re-elected Charles Searcy as Chairman, and Mary Wolff as Vice Chairman for the year 2009.
8. CONSENT AGENDA
Commissioner O'Bryan requested to pull Items 8.D., 8.I., and 8.K. for discussion.
Commissioner Solari requested to pull Item 8.F. for discussion.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES—MARCH27, 2009 THRUAPRIL
2.2009
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved the
list of Warrants and Wires as issued by the Clerk to the
Board for the time period of March 27, 2009 to April 2,
2009, as requested in the memorandum of April 2, 2009.
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April 14, 2009
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously accepted the
Report of Revenue, Expenditures, and Changes in Fund
Balance Traffic Education Program, as recommended in
the memorandum of April 6, 2009.
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF
COUNTIES ANNUAL CONFERENCE IN MARCO ISLAND
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved
Out of County Travel for Commissioners and Staff to
attend the Florida Association of Counties Annual
Conference in Marco Island from Tuesday, June 23, 2009
through Friday, June 26, 2009, as recommended in the
memorandum of April 1, 2009.
8.D. F.D.O. T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT — FPNNO.
418136-1-58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE, INDIAN RIVER BOULEVARD SIDEWALK IMPROVEMENT
FROM 12TH STREET TO 17TH STREET, IRC PROJECT NO. 0745
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April 14, 2009
Commissioner O'Bryan asked staff to consider using an aesthetic design when
improving the pedestrian bridge over the canal, near Rockridge.
Public Works Director Jim Davis said he would do the best he could to make the
bridge as aesthetically pleasing as possible, considering the limited budget.
ON MOTION by Vice Chairman O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) the Local Agency Program Agreement; and
(2) Resolution 2009-040, authorizing execution of a Local
Agency Agreement for Indian River Boulevard sidewalk
improvement from 12th Street to 17th Street, with the State
of Florida, Department of Transportation, and providing for
an effective date.
COPY OF AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. F.D.O. T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT — FPNNo.
418030-1-58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE, 8TH STREET SIDEWALK FROM 18111 COURT AND OLD DIXIE
HIGHWAY, IRC PROJECT NO. 0455
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved:
(1) the Local Agency Program Agreement; and (2)
Resolution 2009-041, authorizing execution of a Local
Agency Agreement for the 8th Street sidewalk from 18th
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April 14, 2009
Court to Old Dixie Highway, with the State of Florida,
Department of Transportation, and providing for an
effective date.
COPY OF AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. PURCHASE AUTHORIZATION FOR ASPHALT MILLINGS
Commissioner Solari supported a blanket approval to purchase asphalt millings as
they become available; however, he warned that there could be multiple $99,999 purchases that
the Board would not know about. He proposed additional direction to staff: (1) requesting they
inform the Board of milling purchases by placing the information on the Agenda, under Item
7, Informational Items, for the following Board meeting; and (2) that multiple purchases be
annotated on an Excel spreadsheet noting the amount and date for each purchase.
Administrator Baird said his request could be accomplished.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously:
(1) directed staff to inform the Board of milling purchases
by placing the information on the Agenda under
Informational Items, for the following Board meeting;
(2) that multiple purchases be annotated on an Excel
spreadsheet noting the amount and date for each purchase;
(3) granted the County Administrator the authorization to
issue Purchase Orders for asphalt millings without formal
bidding subject to: (a) obtaining three (3) written quotes
whenever possible for both the asphalt milling cost and the
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April 14, 2009
transportation cost with a maximum lowest combined price
not to exceed $10.00 per ton; and (b) a maximum total
purchase price not to exceed $99,999.00 — quotes in excess
of $10.00 per ton delivered or total purchases in excess of
$99,999.00 must be approved by separate approval action
by the Board of County Commissioners.
8.G. APPROVAL OF RESOLUTION ADOPTING THE 2009 INDIAN RIVER
COUNTY EMERGENCY PLAN FOR HAZARDOUS MATERIALS
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved
Resolution 2009-042, approving the Indian River County
Hazardous Materials Emergency Plan.
8.H. THE ENCLAVE SUBDIVISION— PROJECT #0816 - GEOTECHNICAL
SERVICES AMENDMENT No. 1 TO WORK ORDER #6 DUNKELBERGER
ENGINEERING & TESTING, INC.
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved
Amendment No. 1 to Work Order No. 6 with Dunkelberger
Engineering & Testing, Inc., and authorized the Chairman
to execute same, as recommended in the memorandum of
March 30, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 14, 2009
8.1. APPROVAL WORK ORDER No. 3 (ENGINEERING) WITH A. M.
ENGINEERING AND TESTING, INC. PROVIDING PROFESSIONAL
GEOTECHNICAL SERVICES IN ACCORDANCE WITH THE ANNUAL
GEOTECHNICAL SERVICES RFQ No. 2008071 FOR OLD DIXIE
HIGHWAY FROM 12TH STREET TO SR 60, IRC PROJECT 0913 AND FOR
20TH AVENUE FROM OSLO ROAD TO SR 60, IRC PROJECT 0914,
AMERICAN RECOVERY AND REINVESTMENT ACT (STIMULUS BILL)
Commissioner O'Bryan updated the Board on the status of the stimulus money
grants. He reporting that the County could get $8 million of the stimulus for road projects --
$2 million for transit operations, $2.3 million for resurfacing 20th Avenue, $2 5 million for Barber
Street, and $1 million for County Road 507 (from Fellsmere to the Brevard County line), and
$300,000 for beautification projects.
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
Work Order No. 3 (Engineering) for Geotechnical Services
for projects outlined in Exhibit A, and authorized the
Chairman to execute Work Order No. 3, not to exceed fee
of $13,980.00, as recommended in the Memorandum of
April 6, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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April 14, 2009
8.J. CR 512 PHASE III, CR 510 — PROJECT #9611 & 0001, REQUEST FOR
PAYMENT OF PRECISION CONTRACTING SERVICES, INC. INVOICE
ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously approved
payment of Precision Contracting, Inc., Invoice No.
08-8510-6009, dated December 11, 2008, in the amount of
$55,198.95, as recommended in the memorandum of
March 31, 2009.
8.K. ATTORNEY'S FEES FOR PROBATE WORK ON RIGHT-OF-WAY PARCEL
Commissioner O'Bryan wanted to know why the County would be paying another
Attorney's office for Probate work and title.
Deputy County Attorney William DeBraal explained why Probate work was
required, saying that the County wants to receive clear title to the property as it comes into
possession. Following a brief discussion regarding possible title issues, he affirmed that the
County would be paying full price for the lot.
Commissioner O'Bryan felt that in the future, staff should consider negotiating the
price of the property, so that if we have to pay Attorney fees to get a clear title, the fee could be
taken off the purchase price.
Attorney DeBraal did not agree, seeing that the County is purchasing the lot "as is."
He recommended the County receive clear title to the property and not take risks, especially since
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April 14, 2009
this will most likely occur again, since the County will be purchasing future parcels with "clouds"
on the titles.
County Attorney Will Collins clarified that the County is required to give the
owners just compensation for the property, and if getting clear title to the property involves
additional legal work, then the owners should not "suffer" when the County takes their property at
the cost of making it clear title. He also noted that if the owner cannot provide a clear title, which
is currently the case, the missing piece of property restricts the road project, and the County cannot
move forward until it is acquired.
purchase.
Commissioner O'Bryan did not consider this a take, but rather a negotiation
ON MOTION by Commissioner O'Bryan, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the Amendment to the Contract with David Godwin; and
authorized the Chairman to execute same, as recommended
in the memorandum of April 2, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. RELEASE OF PENDING DEMOLITION LIEN, THOMAS A. KALE, 2406
50T11 AVENUE
April 14, 2009
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ON MOTION by Commissioner O'Bryan, SECONDED by
Commissioner Solari, the Board unanimously authorized
the Chairman to execute the Release for recording in the
Public Records of Indian River County, as recommended in
the memorandum of April 6, 2009.
COPY OF RELEASE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, 2009 RECOVERY ACT:
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG)
FORMULA PROGRAM: LOCAL SOLICITATION
Sheriff Deryl Loar came before the Board to ask for approval to proceed with the
grant application.
Chairman Davis asked if there was input from the public, there was none.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
that $100,076.00 of the $132,883.00 Grant funds to be used
to purchase needed equipment for the Information
Technology Unit, SWAT, the Multi Agency Criminal
Enforcement Unit, and the Substance Abuse Council.
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April 14, 2009
9.B. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, BUDGET AMENDMENT
Sheriff Loar requested the transfer of funds within his existing budget to help offset
the capital expenses.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Vice Chairman Flescher, to amend the
Sheriff's fiscal year 2008-2009 Operating Budget
transferring funds between categories as needed to
maximize use of the 2008 — 2009 budgeted funds.
Commissioner Wheeler requested Mr. Hall to provide the Board with an accounting
to show what money came from the Salaries and Operating Funds, and what went to Capital Fund.
Comptroller Harry Hall clarified funding issues, and discussed the specifics of the
budget and critical items relating to public safety.
Chairman Davis asked if there was input from the public, there was none.
THE Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously approved to
amend the Sheriff's fiscal year 2008-2009 Operating
Budget, transferring funds between categories as needed to
maximize use of the 2008 — 2009 budgeted funds; and
directed the Comptroller to provide an accounting that
would show the money that is transferred from the Salaries
and Operating Funds to the Capital Funds.
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April 14, 2009
9.C. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF, 2009 COPS HIRING
RECOVERY PROGRAM (CHRP)
Sheriff Loar pointed out that these five COPS Hiring Recovery Program (CHRP)
positions are granted positions. He was hopeful that the positions would be funded for 36 months,
and through attrition would be able to absorb the positions at zero cost to the taxpayers.
Chairman Davis asked if there was any input from the public, there was none.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the request to submit the grant application for the 2009
COPS Hiring Recovery Program (CHRP), as requested in
the letter dated April 6, 2009.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. WINDSOR PROPERTIES, INC.'S REQUEST TO MODIFY THE WINDSOR
CONCEPTUAL PD PLAN TO CHANGE THE PROJECT BOUNDARY FOR THE
OCEAN BLUFF PHASE OF THE WINDSOR PROJECT (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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April 14, 2009
Community Planning Director Stan Boling explained the proposal and analysis of
the application to modify the Windsor Conceptual PD plan; how the modification would change
the boundary of the Windsor project without increasing the maximum number of units within the
project; and how the modification would revise the conceptual plan to reflect the results of a land
swap. Using an aerial map presentation, he recapped his Memorandum of March 31, 2009, and
recommended the Board approve the Windsor special exception request with the conditions listed
in the Staff Report to include all dedications, tree protection, and final landscaping plans.
There was a brief discussion regarding the proposed lots having cross -overs to the
beach (over the conservation area), and restrictions regarding "no construction" on the coastal
construction line.
The Chairman opened the Public Hearing.
Rene Renzi, Waverly Place, questioned the location of this project in relation to the
park where the contract had halted due to an endangered beach mice.
Director Boling affirmed that after a review and environmental survey, no beach
mice were found in this area, nor in the Golden Sands Park area.
There were no additional speakers and the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously granted
approval for the modification of the Windsor Conceptual
PD Plan for the Ocean Bluff Phase of the Windsor Project
with the following conditions: (1) Prior to issuance of an
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April 14, 2009
LDP, the applicant shall obtain planning staff approval of a
final buffer landscape plan and tree mitigation/relocation
plan; (2) Prior to the issuance of a certificate of completion,
the applicant shall complete the approved landscape
buffers; and (3) Prior to or via the final plat, the applicant
shall: (a) Dedicate without compensation 10' of additional
right-of-way for SR A1A, and (b) establish a conservation
easement for the 1.49 acre upland set aside area, as
recommended in the memorandum of March 31, 2009.
10. B. PUBLIC DISCUSSION ITEMS - NONE
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR'S MATTERS
11.A. AMERICAN RED CROSS REQUEST FOR DONATED USE OF COUNTY
EQUIPMENT
County Administrator Joseph Baird conveyed that the American Red Cross had
requested to use the County's stage, and asked that the fee be waived.
Commissioner Wheeler felt non -profits should be charged rental fees when using
County equipment but drew exception for the Red Cross, expressing his gratitude for their
presence during hurricanes, natural disasters, fires, etc., and everything they do for the community.
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April 14, 2009
ON MOTION by Commissioner Wheeler, SECONDED by
Chairman Davis, the Board unanimously approved to
waive the standard rental fees for the use of County
equipment, as recommended in the memorandum of April
7, 2009.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A. 1. RECONSIDERATION OF THE 2006/2007 IMPACT FEE UPDATE
(DUNCAN) REPORT
Community Development Director Robert Keating recalled how on March 3, 2009
the Board had approved an initiative to suspend five Impact Fees for a six-month period, and had
also directed staff to bring back the last Impact Fee Update Report, which was performed by
Duncan Associates. He announced that since that time, the impact fee suspension had been
implemented.
Director Keating recapped his memorandum of March 26, 2009, providing a brief
background and overview of the Report, traffic impact fees, the impact fee formula, credits given
to the fee payer, the land use studies, drive-in banks and its components. He recommended the
Board: (1) not adopt the Duncan Report because the data is "stale" (almost two years old) and
does not comply with the new State law; (2) direct staff to review the new ITE trip generation
rates; (3) update the traffic impact fee schedule; and (4) authorize staff to advertise for a public
hearing to amend the Impact Fee Ordinance to reflect the new rates.
17
April 14, 2009
MOTION was made by Vice Chairman Flescher,
SECONDED by Commissioner O'Bryan, under discussion,
to accept staff's recommendation to not approve the
Duncan Report, and authorize staff to retain a consultant to
undertake a bank with drive-in land use analysis.
Under discussion, Commissioner Solari requested clarification to the old and new
impact fee rates.
Commissioner O'Bryan voiced concern over the number and length of trips, and
how they are applied and factored into this project. Even though the Duncan Report would not be
adopted today, he suggested Vice Chairman Flescher consider modifying his motion to include the
increase in credit, and the 23% reduction in the average trip length.
Chairman Davis questioned the savings on commercial facilities.
Director Keating further explained the details of the formula and its three
independent variables (trip rate, trip length, and percent new trip).
There was a lengthy debate regarding accepting lower rates for the bank, new trips,
impact fees, transportation fees, trips generated from businesses and customers, residential
growth, and infrastructure.
Director Keating informed the Board that it was not necessary to spend $27,000 for
a land use analysis. He believed staff could go through the IT Manual to obtain new rates, apply
the 23% reduction to the trip length, and apply the new credit.
18
April 14, 2009
Rene Renzi, Waverly Place, clarified that staff's recommendation was to "not"
accept the Duncan Report. She recommended that in the future, the Board allow staff to do the
work instead of hiring Consultants.
Bob Johnson, Coral Wind Subdivision, asked if there was another document in
existence that could establish impact fees, and staff informed him that there was not. He wanted to
clarify that the reason the Duncan Report was not recommended for approval by staff was because
the information was stale, and Chairman Davis affirmed that to be correct.
There was a brief discussion as to whether the Duncan Report has a mechanism built
into it for revision of the 2007 - 2010 data; and whether the 20/30 Long Range Transportation Plan
has a provision that indicates that the County is going to impose an additional 6% local optional
gas tax.
The Chairman CALLED THE QUESTION and the Motion
carried. The Board unanimously denied the Duncan
Report; and authorized staff to retain a Consultant to
undertake a bank with drive-in land use analysis, as
recommended in the memorandum of March 26, 2009.
The Chairman called a break at 10:38 a.m. and reconvened the meeting at 10:47
a.m., with all members present.
12.B. EMERGENCY SERVICES - NONE
12. C. GENERAL SERVICES - NONE
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April 14, 2009
12.D. HUMAN RESOURCES - NONE
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12.J 1. BID AWARD RECOMMENDATION, CONSTRUCTION OF WATER, AND
RECLAIMED WATER LINE REPLACEMENTS/EXTENSIONS AND
MISCELLANEOUS, ANNUAL REQUIREMENTS LABOR CONTRACT,
INDIAN RIVER COUNTY BID NO. 2009026, UTILITIES PROJECT NO.
UCP #4006
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously:
(1) Approved the award of Bid No. 2009026 to Sheltra &
Sons Construction Co., Inc., of Okeechobee, FL
(Contractor), the lowest responsive and responsible bidder.
The term of this agreement will be two (2) years with a
maximum of two (2) renewal terms of one (1) year each;
20
April 14, 2009
(2) Approved the Sample Agreement; and
(3) Authorized the Chairman to execute associated
contracts with the Contractor when the required Certificate
of Insurance has been received and approved by Risk
Management and the County Attorney has approved the
Contract as to form and legal sufficiency. Submittal of
Performance and Payment Bonds will be required on an
individual project basis and only for projects with a labor
cost exceeding $100,000.00, as recommended in the
memorandum of March 26, 2009.
12..1.2. REPLACEMENT OF A 10 -INCH TRANSITE FORCE MAIN FROM VERO
SHORES PUMP STATION EAST OF YOUNG'S MARKET ON U.S. 1 TO OLD
DIXIE HIGHWAY, UCP No. 4004, WIP No. 471-23536-044699-09506
ON MOTION by Commissioner Wheeler, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Project with an estimated cost of $175,00000; and
approved publicly bidding the project through the County
Purchasing Division, as recommended in the memorandum
of April 1, 2009.
12.J.3. NORTH COUNTYRO CONNECTION TO WELLS PROJECT - REJECTION
OFBIDS, IRC BID No. 2009030
21
April 14, 2009
ON MOTION by Commissioner Wheeler, SECONDED by
Vice Chairman Flescher, the Board unanimously rejected
all bids; and authorized staff to review the bid package to
look for any potential cost saving alternatives, as
recommended in the memorandum of April 3, 2009.
12.J 4. EASEMENT ACQUISITION FOR THE INDIAN RIVER COUNTY UTILITIES
DEPARTMENT LIFT STATION AND FORCE MAINS
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Young's Market Easement Acquisition, and
payment of costs incurred by Mr. Kim for a total amount of
$19,512.50, as recommended in the memorandum of April
1, 2009.
13. COUNTY ATTORNEY MATTERS
13.A. ACQUISITION OF RIGHT-OF-WAY ALONG CR 510, RICHARD AND MARY
RENTSCHLER
Attorney Collins recapped the Backup Memorandum of April 7, 2009, providing the
details of the property and clarifying the purchase price of subject parcel.
Attorney DeBraal responded to Commissioner O'Bryan's questions regarding the
removal of the driveway, what the $20,300 included, and why the County would compensate the
Rentschlers for their original fence, then install a new one.
22
April 14, 2009
A lengthy discussion ensued as the Commissioners sought clarification regarding
the County bringing the property back to its previous state, moving the fence, purchasing the
existing fence, and the labor cost involved with erecting the fence.
ON MOTION by Commissioner Solari, SECONDED by
Chairman Davis, the Board, by a 4-1 vote (Commissioner
O'Bryan opposed) approved the Agreement to Purchase
and Sell Real Estate with Richard and Maryann Rentschler,
as recommended in the memorandum of April 7, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVE, BANACK FAMILY
LIMITED PARTNERSHIP 66TH AVENUE AND 41ST STREET
(Clerk's Note: This Item was heard following Item 14.C.1., and is placed here for
continuity.)
Using an aerial map, Attorney DeBraal detailed the property and recapped his
Memorandum of April 6, 2009. He stated that the property is currently planted in ornamental palm
trees and that the take would not include any structures. He clarified the purchase price and
pointed out that there would be a leaseback provision so the Banacks could continue to use the
property as a nursery until the road construction would start, and at that time the County would
notify the Banacks 90 days in advance, so they could prioritize the sale of the palms within the
take. He also acknowledged that any palms remaining would be valued by an appraiser and that
the County would purchase them (for their use).
23
April 14, 2009
Commissioner O'Bryan questioned why the County would be paying for 12 hours of
engineering fees on raw land, and felt it would be best for the Banacks to start selling the palm
trees now, not wait 90 days in advance of construction.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Chairman Davis, under discussion, to
approve the contract for the purchase of the Banack Ltd.
Family Partnership parcel.
Under discussion, Attorney DeBraal recalled that there were no structures on the
Cherry Lane Cattle purchase, and that it was an unimproved property, whereas this is improved;
and that there were no severance damages involved.
The Chairman CALLED THE QUESTION, and by a vote
of 2-3 (Commissioners O'Bryan, Solari, and Wheeler
opposed), the MOTION FAILED.
Attorney DeBraal clarified the Board's direction, which was to re-examine the
acreage price, the per tree price, to place a value on the leaseback, and bring it back to the Board.
Charlie Wilson, 1057 6th Avenue, voiced concern over impact fees, and believed
that the County should re-evaluate the widening of 66th Avenue. He applauded the Board for not
acquiring the Banack palm trees without further examination; and reiterated that the County
should not purchase land unless it is needed.
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April 14, 2009
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN - NONE
14.B. COMMISSIONER .JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE
14. C. COMMISSIONER GARY C. WHEELER
14. C.1. DISCUSSION REGARDING INDIAN RIVER COUNTY ROAD
IMPROVEMENTS PROJECTS (NO BACK-UP)
(Clerk's Note: This Item was heard prior to Item 13.B. and is placed here for
continuity.)
Commissioner Wheeler felt it necessary to re-evaluate the transportation goals and
objectives due to the current economy. He felt that the monies being spent to 4 -lane and eventually
6 -lane 66th Avenue might better be spent to pave some of the east/west roads to 82nd Avenue. He
also felt the right- of -way on 66th Avenue was a little ambitious to put a 6 -lane highway when there
is a 4 -lane on US 1. Commissioner Wheeler wanted to re-evaluate 27th, 43rd, and the east/west
roads for the current population, rather than reaching into the future and planning a 6 -lane highway
for something that may not be required for years.
Discussion ensued as to when and how Commissioner Wheeler wanted to go
through the process.
25
April 14, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, under discussion,
to re-evaluate the current transportation goals and
objectives.
Under discussion, Commissioner Solari wanted assurance that this would not stop
the projects that have already moved forward.
Commissioner Wheeler defined this to be a re-evaluation of the County's
transportation needs, and not putting the brakes on any of the projects that have already started.
The Chairman CALLED THE QUESTION, and the
Motion carried. The Board unanimously approved to
re-evaluate the current transportation goals and objectives.
14. C.2. DISCUSSION REGARDING ESTABLISHING A POLICY FOR REMOVAL OF
PROPOSED ITEMS FROM THE BOARD OF COUNTY COMMISSION
AGENDA (NO BACK-UP)
(Clerk's Note: This Item was heard following Item 13.B., and is placed here for
continuity.)
Commissioner Wheeler repeated the current policy, whereby items that are to be
added to the Agenda after 12:00 noon on Wednesday, require a unanimous vote. He felt that if a
Commissioner decides to pull/delete something from the Agenda that it should require a
unanimous vote also, and he gave the Duncan Report as an example. He believed it would
equalize the system for deleting or adding an item to the Agenda.
26
April 14, 2009
Discussion ensued as Administrator Baird provided details as to why the Duncan
Report was pulled, and why the Wednesday noon deadline was so important.
Chairman Davis voiced his concern over who would be pulling the Items, and did
not feel it was necessary for unanimous support, to be pulled by staff.
Commissioner Solari felt this would make a system that is already difficult to
manage, that much more inflexible. He believed the reason for not allowing items on the Agenda
without unanimous vote of the Board is to avoid surprises, and that the same reasoning would not
apply for pulling an item.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, that no
Commissioner without consent of the Board, request
anything be pulled from the Agenda unless it is an item
he/she has placed under his/her matters.
Commissioner Solari said if it would be left up to the individual Commissioner, then
he would agree to Commissioner Wheeler's Motion.
Administrator Baird said he would be a little more careful and communicate better
in the future before pulling an item from the Agenda. He expressed the need for flexibility in
pulling and postponing items in order to manage the organization, and get the best results for the
community.
27
April 14, 2009
The Chairman CALLED THE QUESTION, and by a vote
of 2-3 (Commissioners Davis, Flescher, and Solari
opposed), the MOTION FAILED.
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. CONSIDERATION OF A CITIZEN'S BUDGET INPUT SURVEY
Commissioner O'Bryan recalled that last week he had suggested that when moving
forward with the budget process, the Board should seek more public input. He felt that his
proposed survey would allow for public input and he provided the details of how the survey would
be administered through a web based service. He believed this would be a tool that would help the
Board make better informed decisions.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve
moving forward with the Budget Survey.
Chairman Davis recommended this survey not be an open-ended item, but to try it
for one year, then go through the results.
Commissioner Solari opposed the idea, he did not see good cause or reason for this.
He felt the surveys would be self-selecting without substance. He reasoned that with a limited
amount of resources, that when something is increased it would be decreasing something else, and
in the end, it would not be meaningful.
Vice Chairman Flescher agreed with Commissioner Solari and voiced concern over
electronic fraud, for a widespread imbalance of information.
28
April 14, 2009
Commissioner Wheeler felt this would be good for the County, it would make
government more open to the public, and it would allow citizens an opportunity to see the depth of
County Government. He recommended individuals enter their names, addresses, and phone
numbers when submitting their surveys.
Discussion ensued regarding people providing their names, addresses, and phone
numbers; and the cost and review of the survey.
provide.
Commissioner O'Bryan concluded by addressing the features that the service would
The Chairman CALLED THE QUESTION, and by a vote
of 2-3 (Commissioners Davis, Flescher, and Solari
opposed), the MOTION FAILED.
14.E. COMMISSIONER BOB SOLARI - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
1 S.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Board of
County Commissioners Meeting, the Board would reconvene as the Board of Commissioners of
the Solid Waste Disposal District. Those Minutes are being prepared separately and appended to
this document.
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April 14, 2009
15B.1. NOTICE OF PUBLIC MEETING TO APPROVE OR DISAPPROVE
FRANCHISE APPLICATIONS: RFA No. 2009025 WASTE HAULING
FRANCHISE — UNINCORPORATED ENTERPRISE ZONE
15B.2. SECOND AMENDMENT TO WASTE MANAGEMENT INC. OF FLORIDA
FOR THE VERTICAL EXPANSION AND PARTIAL CLOSURE OF CLASS I
LANDFILL AND BORROW POND CONSTRUCTION
15B.3. AMENDMENT NO. 2 TO WORK ORDER No. 9 TO GEOSYNTEC
CONSULTANTS, INC. FOR CONSUMPTIVE USE PERMIT MONITORING
FOR B ORROW POND DEVELOPMENT & CONSTRUCTION
1 5.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE OF
THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
11:36 a.m.
30
April 14, 2009
ATTEST:
91( 11\ be Soy
Jeff arton, Clerk
Wesley S. Davis, Chairman
Minutes Approved: MAY 1 9 2009
BCC/LAA/2009Minutes
31
April 14, 2009
II 137 PG 243