HomeMy WebLinkAbout06/23/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 23, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Correction: Item 8H. Adjustment of Revised Contract Amount, from $839,328 to
$839,935, to Phase I Energy Performance Contract with FPL Energy
Services 2
Move: Item 13.A. Attorney's Matter on "Extension to Contract for Lot Fill Relating
to Huntington Place Subdivision" to be heard following Item 10.A.2 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING SEBASTIAN POLICE CHIEF JIM
DAVIS ON HIS RETIREMENT EFFECTIVE JUNE 24, 2009 2
5.B. PRESENTATION OF YOUTH GUIDANCE MENTORING & ACTIVITIES PROGRAM
BY BARBARA SCHLITT FORD, EXECUTIVE DIRECTOR 3
5.C. PRESENTATION OF STATUS OF STORM PREPAREDNESS IN THE UPPER ST. JOHNS
RIVER BY MAURICE STERLING, DIRECTOR OF PROJECT MANAGEMENT, ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT 3
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June 23, 2009
5.D. PRESENTATION OF HURRICANE PREPAREDNESS BY JOHN KING, DIRECTOR OF
INDIAN RIVER COUNTY EMERGENCY SERVICES 4
6. APPROVAL OF MINUTES 5
6.A. REGULAR MEETING OF JUNE 2, 2009 5
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 6
7.A. RESIGNATION OF INTERESTED IN TOURIST DEVELOPMENT APPOINTEE TO THE
TOURIST DEVELOPMENT COUNCIL 6
7.B. RESIGNATION OF RESIDENT OF THE ENTERPRISE ZONE APPOINTEE TO THE
ENTERPRISE ZONE DEVELOPMENT AGENCY 6
8. CONSENT AGENDA 6
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 5, 2009 THRU JUNE 11, 2009 6
8.B. APPROVAL TO AUTHORIZE DIRECT PURCHASE OF SOD AND FUMIGATION
SERVICES IN CONJUNCTION WITH THE RENOVATION AND RE -GRASSING OF
GREENS AT SAND RIDGE (SANDRIDGE) GOLF COURSE 7
8.C. MISCELLANEOUS BUDGET AMENDMENT 015 7
8.D. OSLO ROAD WIDENING FROM 43RD AVENUE TO EAST OF 27TH AVENUE, PHASE
2, ENGINEERING SERVICES, KIMLEY-HORN AND ASSOCIATES, INC.
AMENDMENT NO. 3 8
8.E. F.D.O.T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT - FPN NO. 426383-1-
58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE,
LANDSCAPING ON 58TH AVENUE FROM OSLO ROAD (9TH STREET S.W.) TO 16TH
STREET, IRC PROJECT NO. 0916 8
8.F. AMENDMENT NO. 3 TO PROFESSIONAL ARCHITECTURAL AND ENGINEERING
SERVICES AGREEMENT WITH EDLUND, DRITENBAS, BINKLEY ARCHITECTS
AND ASSOCIATES, P.A. — IRC PROJECT NO. 0701, IRC PARKS MAINTENANCE
COMPLEX 9
8.G. SUPPLEMENT NO. 3 TO WORK ORDER NO. 1 WITH CARTER ASSOCIATES, INC.
PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT, INDIAN RIVER
COUNTY PARKS MAINTENANCE COMPLEX, IRC PROJECT NO. 0701 9
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June 23, 2009
8.H. ACCEPTANCE OF CHANGE ORDER #1 TO PHASE I ENERGY PERFORMANCE
CONTRACT WITH FPL ENERGY SERVICES AND REVISED ENERGY SAVINGS
GUARANTEE 10
8.I. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT # 0370, 6630 49TH
STREET, VERO BEACH, FL 32967 (LOCATED ON THE NORTH SIDE OF 49TH
STREET WEST OF 66TH AVENUE), OWNER: RICHARD L. GALLAGHER, JR. 10
8.J. MISCELLANEOUS BUDGET AMENDMENT 016 11
8.K. REQUEST PERMISSION TO ADVERTISE FOR A PUBLIC HEARING TO AMEND
SECTIONS 305.13 AND 305.14 OF THE CODE 11
8.L. PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON JULY 14, 2009, TO
ADOPT ORDINANCE TO AMEND CHAPTER 105 OF THE CODE TO IMPLEMENT
LOCAL BIDDING PREFERENCE 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 12
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF 12
U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE
BULLETPROOF VEST PARTNERSHIP PROGRAM GRANT APPLICATION 12
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARINGS 12
10.A.1. WILLIAM GREGORY CONSTRUCTION INC'S REQUEST TO AMEND THE FUTURE
LAND USE MAP TO REDESIGNATE ± .32 ACRES, LOCATED AT THE NORTHWEST
CORNER OF INDIAN RIVER BOULEVARD AND 37TH STREET, FROM M-1,
MEDIUM -DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO CII,
COMMERCIAL INDUSTRIAL DISTRICT; AND TO REZONE THAT ± .32 ACRES
FROM RM -8, MULTIPLE -FAMILY RESIDENTAIL-1 DISTRICT (UP TO 8
UNITS/ACRE), TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT
(LEGISLATIVE) 12
10.A.2. PROPOSED ORDINANCE AMENDING SECTION 207.05 OF THE INDIAN RIVER
COUNTY CODE TO CHANGE THE BEGINNING SALE DATE OF BUSINESS TAX
RECEIPTS FROM AUGUST 1 TO JULY 1 OF EACH YEAR (LEGISLATIVE) 14
10.B. PUBLIC DISCUSSION ITEMS 15
l0.B.1. REQUEST TO SPEAK FROM MARK C. FOSTER, FOSTER I.R.C., LLC REGARDING
HUNTINGTON PLACE LOT FILL 15
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June 23, 2009
10.C. PUBLIC NOTICE ITEMS -NONE 21
11. COUNTY ADMINISTRATOR MATTERS 21
11.A. DOLLARS FOR SCHOLARS REQUEST FOR USE OF EQUIPMENT 21
12. DEPARTMENTAL MATTERS 22
12.A. COMMUNITY DEVELOPMENT 22
12.A.1. CONSIDERATION OF PSAC'S (PROFESSIONAL SERVICES ADVISORY
COMMITTEE) RECOMMENDATION TO AMEND THE LAND DEVELOPMENT
REGULATIONS (LDRS) TO PROVIDE FOR PERMANENT EXCEPTIONS TO THE
LDRs FOR INDIVIDUAL DEVELOPMENT PROJECTS 22
12.B. EMERGENCY SERVICES -NONE 27
12.C. GENERAL SERVICES -NONE 27
12.D. HUMAN RESOURCES -NONE 27
12.E. HUMAN SERVICES -NONE 27
12.F. LEISURE SERVICES -NONE 27
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 27
12.H. RECREATION -NONE 27
12.I. PUBLIC WORKS -NONE 27
12.J. UTILITIES SERVICES -NONE 27
13. COUNTY ATTORNEY MATTERS 28
13.A. EXTENSION TO CONTRACT FOR LOT FILL RELATING TO HUNTINGTON PLACE
SUBDIVISION 28
13.B. FLORIDA ASSOCIATION OF COUNTIES' INQUIRY OF INTEREST IN JOINING SUIT
TO CHALLENGE HOUSE BILL 227 — IMPACT FEES 28
13.C. FLORIDA ASSOCIATION OF COUNTIES' INQUIRY OF INTEREST IN JOINING SUIT
TO CHALLENGE SENATE BILL 216 — LOCAL GOVERNMENT CAMPAIGN FINANCE 30
13.D. ACQUISITION OF RIGHT-OF-WAY AND PROPERTY EXCHANGE ALONG 66TH
AVENUE, PARCEL 107, GLEN C. BESANCON, 6725 66TH AVENUE 30
14. COMMISSIONER ITEMS 35
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN 35
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June 23, 2009
14.A. 1 . CONSIDERATION OF SUBMITTED APPLICATIONS FOR THE CITIZEN -AT LARGE
APPOINTEE ON THE HISTORIC RESOURCES ADVISORY COMMITTEE (HRAC) 35
14.B. COMMISSIONER JOSEPH E. FLESCHER-NONE 36
14.C. COMMISSIONER GARY C. WHEELER -NONE 36
14.D. COMMISIONER PETER D. O'BRYAN-NONE 36
14.E. COMMISSIONER BOB SOLARI-NONE 36
15. SPECIAL DISTRICTS AND BOARDS 36
15.A. EMERGENCY SERVICES DISTRICT -NONE 36
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 36
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 36
16. ADJOURNMENT 36
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June 23, 2009
JEFFREY K. BARTON
Clerk to the Board
June 23, 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, June 23, 2009, at 9:00 a.m. Present were Chairman Wesley S. Davis, Vice Chairman
Joseph E. Flescher, Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Wesley S. Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Rabbi Michael Birnholz, Temple Beth Shalom, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Peter D. O'Bryan led the Pledge of Allegiance to the Flag.
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June 23, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman Davis requested the following changes to today's Agenda:
CORRECTION: ITEM 8H. ADJUSTMENT OF REVISED CONTRACT AMOUNT, FROM
$839, 328 TO $839, 935, TO PHASE I ENERGY PERFORMANCE CONTRACT WITH FPL
ENERGY SERVICES
MOVE: ITEM 13.A. ATTORNEY'S MATTER ON "EXTENSION TO CONTRACT FOR LOT FILL
RELATING TO HUNTINGTONPLACE SUBDIVISION" TO BE HEARD FOLLOWING ITEM 10,4.2.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the above changes to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING SEBASTIAN POLICE
CHIEF JIM DA VIS ON HIS RETIREMENT EFFECTIVE JUNE 24, 2009
After recognizing the incoming Sebastian Police Chief, Michelle Morris, Commissioner
Wheeler read and presented the Proclamation to retiring Sebastian Police Chief Jim Davis.
Chief Davis thanked the Commissioners for recognizing him, and for assisting Sebastian with its
911 Public Safety Answering Point (PSAP).
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June 23, 2009
S.B. PRESENTATION OF YOUTH GUIDANCE MENTORING & ACTIVITIES
PROGRAM BY BARBARA SCHLITT FORD, EXECUTIVE DIRECTOR
Barbara Schlitt Ford, Executive Director, thanked the Commission and the citizens for
supporting the Youth Guidance Program, which serves at -risk youth from Kindergarten through
Grade 12. She outlined the program offerings, which included the ongoing Summer Camp
Scholarship Program, and conveyed that anyone wishing to sponsor a child or make a donation,
may visit the website, ircyouth.com; send a check to P.O. Box 121, Vero Beach, 32961; or
telephone Ms. Ford at 772-770-5040. Ms. Ford also provided information on another
organization, the Connected for Kids Coalition, which is comprised of multiple groups working
together to meet the needs of the community's children.
S. C. PRESENTATION OF STATUS OF STORM PREPAREDNESS IN THE UPPER ST.
JOHNS RIVER BY MA URICE STERLING, DIRECTOR OF PROJECT
MANAGEMENT, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Jeff Cole, Director of Communications and Governmental Affairs for St. John's River
Water Management District (SJRWMD), acknowledged the presence of Ann Benedetti,
Intergovernmental Coordinator. He then introduced Maurice Sterling, Director of Project
Management, who would be providing an update on the St. Johns River Basin Project.
Mr. Sterling used a PowerPoint presentation to outline the background, goals and
objectives of the St. Johns River Basin Project (Upper Basin Project), which begins in western
Indian River County and continues to Jacksonville. He conveyed that flood damage prevention
is the primary purpose of the project. He reported that the project improves flood protection to
adjacent lands and lives upstream of US 192; accommodates flooding events for the 250+ year
frequency rain event; restores river floodplain functions and ecological values; reduces
freshwater discharges to the Indian River Lagoon; and enhances public recreational
opportunities.
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June 23, 2009
Mr. Sterling discussed some recent upgrades to the Project, including the Fellsmere
Farms addition (currently under construction), which will provide tremendous ability to manage
water more effectively. He explained that although the Water Management District does not like
to use Canal 54 [C-54], (part of the original Upper Basin Project), because of deleterious impacts
to the Lagoon, it would be used in a significant flood event. Mr. Sterling concluded his
presentation with assurances that the Upper Basin Project is working very well, and that things
are in shape for the 2009 tropical storm season. He affirmed that St. Johns River Water
Management District would cooperate with the County prior and subsequent to a storm, and
would also provide any necessary assistance with the County's water management practices. He
divulged that more information and a primer on flooding can be found on the website,
www.sjrwmd.com.
Chairman Davis requested that Mr. Sterling provide a future presentation on the basin
reconnect project of the South Florida and St. John's River Water Management Districts;
examine the possibility of increasing the water levels at the Blue Cypress Lake Basin by one
foot; and affect modifications to the water structures west of the M -Canal, so that water can be
discharged through the Kenansville Grade.
Mr. Sterling, responding to Commissioner Solari's inquiries about the C-54 Canal,
disclosed that after the Fellsmere Farms addition is completed, the SJRWMD should not have to
use the C-54 Canal again.
S.D. PRESENTATION OF HURRICANE PREPAREDNESS BY JOHN KING,
DIRECTOR OF INDIAN RIVER COUNTY EMERGENCY SERVICES
John King, Director of Emergency Services, noted that Indian River County has received
a designation from the National Weather Service as a "StormReady" community. He used a
PowerPoint presentation (copy on file) to update the Board on County storm preparedness
activities. He discussed the importance of community cooperation, citing the Special Needs
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June 23, 2009
Shelter wherein multiple agencies are involved, and of inter -County cooperation in matters such
as evacuation prior to a storm. Director King divulged that staff has concluded its NIMS
(National Incident Management System) training, a requirement for receiving federal funds
subsequent to a presidentially -declared disaster. He reported that public notification updates and
information were provided through Comcast Cable, Channel 27; WSCF 91.9 Christian FM; the
County's webpage at www.ircgov.com; and the Florida Division of Emergency Management's
webpage at www.floridadisaster.org-good. Concluding, Director King reported that staff was
working on establishing a pet -friendly shelter, and he stressed the importance of developing a
family and/or business disaster plan, prior to a storm.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 2, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of June 2, 2009. There were none.
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Minutes of the Regular Meeting of June 2,
2009, as written.
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June 23, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF INTERESTED IN TOURIST DEVELOPMENT APPOINTEE TO
THE TOURIST DEVELOPMENT COUNCIL
Noted for the record was the resignation of Ervin G. Roberts as a member of the Tourist
Development Council.
7.B. RESIGNATION OF RESIDENT OF THE ENTERPRISE ZONE APPOINTEE TO
THE ENTERPRISE ZONE DEVELOPMENT AGENCY
Noted for the record was the resignation of Mr. William Shelly, Resident of the
Enterprise Zone Appointee to the Enterprise Zone Development Agency (EZDA), who submitted
his resignation on June 11, 2009. His term would have expired in 2012.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 5, 2009 THRU JUNE 11, 2009
ON MOTION by Commissioner Wheeler, 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 June 5, 2009 to
June 11, 2009, as requested in the memorandum of June
11, 2009.
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June 23, 2009
8.B. APPROVAL TO AUTHORIZE DIRECT PURCHASE OF SOD AND FUMIGATION
SERVICES IN CONJUNCTION WITH THE RENOVATION AND RE -GRASSING
OF GREENS AT SAND RIDGE (SANDRIDGE) GOLF COURSE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously: (1)
approved to waive the standard bidding procedures and
authorized the County (Sand Ridge [Sandridge] Golf
Course) to make direct owner purchases with both
vendors, Champion Turf Farm and the fumigation vendor,
Hendrix and Dale, for the purpose of saving the applicable
sales tax; and (2) authorized the County Administrator to
sign an amendment to the existing agreement between the
County and International Golf Maintenance, Inc. that
provides for the direct purchase of materials and/or
services after review and approval by appropriate staff and
the County Attorney's office, all as recommended in the
memorandum of June 15, 2009.
8.C. MISCELLANEOUS BUDGET AMENDMENT 015
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-091, amending the Fiscal Year
2008-2009 Budget.
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June 23, 2009
8.D. OSLO ROAD WIDENING FROM 43RD AVENUE TO EAST OF 27TH AVENUE,
PHASE 2, ENGINEERING SERVICES, KIMLEY-HORN AND ASSOCIATES, INC.
AMENDMENT NO. 3
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairman to execute
Amendment No. 3 with Kimley-Horn and Associates, Inc.,
authorizing the Project as outlined in the Scope of
Services, and as recommended in the memorandum of
June 15, 2009.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. F.D.O. T. LOCAL AGENCY PROGRAM (LAP) AGREEMENT — FPNNo.
426383-1-58-01 AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE, LANDSCAPING ON 58TH AVENUE FROM OSLO ROAD (9TH
STREET S.W.) TO 16TH STREET, IRC PROJECT NO. 0916
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-092, authorizing execution of a
Local Agency Program Agreement for the landscaping on
58th Avenue from Oslo Road
(9th Street S.W.) to 16th
Street, with the State of Florida, Department of
Transportation (FDOT), and providing for an effective
date.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 23, 2009
8.F. AMENDMENT NO. 3 TO PROFESSIONAL ARCHITECTURAL AND
ENGINEERING SERVICES AGREEMENT WITH EDL UNDO DRITENBAS,
BINKLEYARCHITECTS AND ASSOCIATES, P.A. - IRC PROJECT No. 0701,
IRC PARKS MAINTENANCE COMPLEX
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairman to execute
Amendment No. 3 to the Professional Architectural and
Engineering Services Agreement with Edlund, Dritenbas,
Binkley Architects and Associates, P.A., as recommended
in the memorandum of June 9, 2009.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. SUPPLEMENT NO. 3 TO WORK ORDER No. 1 WITH CARTER ASSOCIATES,
INC. PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT, INDIAN
RIVER COUNTY PARKS MAINTENANCE COMPLEX, IRC PROJECT NO. 0701
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved and authorized the Chairman to execute
Supplemental No. 3 to Work Order No. 1 to the
Professional Civil Engineering Services Agreement with
Carter Associates, Inc., in the amount of $2,956.00, as
outlined in the Scope of Services, and as recommended in
the memorandum of June 10, 2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 23, 2009
8.H. ACCEPTANCE OF CHANGE ORDER #1 TO PHASE I ENERGY PERFORMANCE
CONTRACT WITH FPL ENERGY SERVICES AND REVISED ENERGY SAVINGS
GUARANTEE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved: (1) Change Order No. 1 to the Phase I Energy
Savings Contract with FPL Energy Services, Inc., in the
amount of $152,539, with the revised contract amount to
become $839,328; $839,935; and (2) authorized the
Chairman to execute the revised Energy Savings
Guarantee, as recommended in the memorandum of June
15, 2009.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT # 0370, 6630 49TH
STREET, VERO BEACH, FL 32967 (LOCATED ON THE NORTH SIDE OF 49TH
STREET WEST OF 66TH AVENUE), OWNER: RICHARD L. GALLAGHER, JR.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Option 1, the purchase of the needed right-of-
way located at 6630 49th Street, at a price of $25,461, and
authorized the Chairman to execute the Purchase and Sale
Agreement with Richard L. Gallagher, Jr., as
recommended in the memorandum of June 15, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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June 23, 2009
8.1 MISCELLANEOUS BUDGET AMENDMENT 016
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-093, amending the Fiscal Year
2008-2009 Budget.
8.K. REQUEST PERMISSION TO ADVERTISE FOR A PUBLIC HEARING TO AMEND
SECTIONS 305.13 AND 305.14 OF THE CODE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized staff to advertise for a public hearing to be held
on July 7, 2009, to amend Sections 305.13 and 305.14 of
The Code, as recommended in the memorandum of June
17, 2009.
8.L. PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON JULY 14, 2009, TO
ADOPT ORDINANCE TO AMEND CHAPTER 105 OF THE CODE TO
IMPLEMENT LOCAL BIDDING PREFERENCE
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized staff to proceed with the required
advertisement to hold a public hearing on July 14, 2009 to
adopt the proposed ordinance, as recommended in the
memorandum of June 17, 2009.
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June 23, 2009
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF
U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE BULLETPROOF
VEST PARTNERSHIP PROGRAM GRANT APPLICATION
Kimberly Poole, Planner from the Sheriff's office, was available to answer any questions
regarding the Bulletproof Vest Grant. There being none, the following action was taken:
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously
authorized the Sheriff's Office to submit its Application
for Funding Form under the Bulletproof Vest Partnership
Grant Act, as requested in Sheriff Deryl Loar's letter of
June 8, 2009.
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. WILLIAM GREGORY CONSTRUCTIONINC'S REQUEST TO AMEND THE
FUTURE LAND USE MAP TO REDESIGNATE ±.32 ACRES, LOCATED AT THE
NORTHWEST CORNER OF INDIAN RIVER BOULEVARD AND 37TH STREET,
FROM M-1, MEDIUM -DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO
C/I, COMMERCIAL INDUSTRIAL DISTRICT; AND TO REZONE THAT ±.32
ACRES FROM RM -8, MULTIPLE-FAMILYRESIDENTAIL-1 DISTRICT (UP TO
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June 23, 2009
8 UNITS/ACRE), TO OCR, OFFICE, COMMERCIAL, RESIDENTIAL DISTRICT
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating provided description, conditions and
background on William Gregory Construction Inc's request to redesignate a less than one-third
acre parcel at the northwest corner of Indian River Boulevard and 37th Street, from M-1,
Medium -Density Residential -1 to C/I, Commercial/Industrial District, and to rezone the property
from RM -8, Multiple -Family Residential -1 District to OCR, Office, Commercial, Residential
District, to allow for commercial development. He discussed some of the difficulties which the
developer would encounter in developing the small property, but felt it would be less
problematic to develop it commercially, rather than residentially. He thereafter presented the
recommendations of staff and the Planning and Zoning Commission (PZC), to approve the small
scale land amendment request and the rezoning, by adoption of the proposed Ordinances.
Director Keating responded to Board questions on how the property would be accessed,
on the conservation easement, and on whether the applicant knew how difficult it would be to
develop the property.
The Chairman opened the Public Hearing.
Scott McGuire, Mike McGuire & Associates, representing William Gregory
Construction, acknowledged the small size of the site, but felt it could accommodate a small
single -user office building, or be combined with the property to the west for potential expansion
of that facility. He remarked that they were not creating any new issues with their proposed
plans, just changing the use of property.
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June 23, 2009
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
adopted Ordinance 2009-007, amending the future Land
Use Element of the Comprehensive Plan by changing the
land use designation for ± .32 acres located at the
northwest corner of Indian River Boulevard and 37th Street
from M-1, Medium Density Residential -1 (up to 8 units
per acre), to C/I, Commercial/Industrial; and providing
codification, severability, and effective date; and
Ordinance 2009-008, amending the Zoning Ordinance
and Zoning Map for ± .32 acres located at the northwest
corner of Indian River Boulevard and 37th Street from
RM -8, Multi -Family Residential District -1 (up to 8 units
per acre), to OCR, Office, Commercial, Residential
District; and providing codification, severability, and
effective date.
The Chairman called a break at 10:05 a.m. and reconvened the meeting at 10:16 a.m.,
with all members present.
10.A.2. PROPOSED ORDINANCE AMENDING SECTION 207.05 OF THE INDIAN
RIVER COUNTY CODE TO CHANGE THE BEGINNING SALE DATE OF
BUSINESS TAX RECEIPTS FROMAUGUST 1 TO JULY 1 OF EACH YEAR
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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June 23, 2009
County Attorney William Collins presented the request to adopt the proposed Ordinance,
which would authorize the tax collector to begin selling tax receipts (formerly known as
Occupational Licenses), commencing on July 1, rather than on August 1, of each year. This
would amend Section 207.05 of the Code to be consistent with the Florida Legislature's 2007
amendment.
The Chairman opened the Public Hearing. Seeing none, the Chairman closed the Public
Hearing.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
adopted Ordinance 2009-009, amending Indian River
County Code Section 207.05 "Term of Business Tax
Receipt; Due Dates; and Penalties" to change the
beginning sale date of business tax receipts from August
1st to July 1 st of each year; providing for codification;
providing for severability; and providing effective date.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM MARK C. FOSTER, FOSTER LR. C , LLC
REGARDING HUNTINGTON PLACE LOT FILL
(Clerk's Note: Item 13.A. Attorney's Matters - Extension to Contract for Lot Fill
Relating to Huntington Place Subdivision was heard immediately prior to, and in conjunction
with, Item 10.B.1. Please see item 13.A. for staff's presentation).
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June 23, 2009
Mark C. Foster, President of Foster I.R.C., LLC, presented background history on the
Huntington Place subdivision, which currently has four lot owners. Attesting that there were no
drainage problems, he showed slides depicting the rapid drainage which had occurred at the site
subsequent to Hurricane Fay. He said that a national homebuilder was interested in the
subdivision; described Foster I.R.C., LLC's goal of maintaining the property aesthetic by
removing the trees only where necessary; and presented slides contrasting Huntington Place with
a typical "scorched earth" subdivision. Mr. Foster explained the bank's refusal to extend his
Letter of Credit, and discussed the ramifications to the County and to Foster I.R.C., LLC, if the
Letter of Credit is called. He implored the Commission to do the right thing as a Green County -
- to let the Letter of Credit expire, and to not allow Huntington Place to become another dead
scorched earth project.
Commissioner O'Bryan, who had twice walked the property, conveyed that it was a nice
property with slash pines and palmetto hammock. He declared that as local government, the
County needed to find a solution that does not involve bulldozing and fill.
Vice Chairman Flescher had also walked the property, and conveyed that it was a
beautiful environment. He wondered why the County would call the Letter of Credit and tear
down green space with natural drainage, and asked the County Attorney if a Developer's
Agreement could instead be initiated.
Attorney Collins responded that a Developer's Agreement would be an unsecured
agreement with nothing to fine the developer. He felt that the real issue was drainage, and
protecting the future residents.
Chairman Davis relayed the contents of an e-mail sent by Public Works Director Jim
Davis, which contained opinion that there was not a big drainage issue at Huntington Place.
16
June 23, 2009
Commissioner Solari asked County Engineer Chris Kafer whether staff foresaw any
needs over the next several years, for cutting down the trees and for lot filling, or whether he
thought the property should be left natural and be developed slowly. Mr. Kafer responded that
he would hate to see the property denuded, and there was no reason to do the cut and fill now;
however, as homes are built, there may be some ponding onto the undeveloped sites.
Commissioner Wheeler, who had viewed the subject property, did not want to see it
become an eyesore, such as a desert -like site he had seen at U.S.1 and CR 510. He wondered
whether the Letter of Credit could be set aside and reinstituted when the property is ready to be
developed, so the County would have a secure agreement with the developer.
Attorney Collins questioned why the County has the Lot Fill Agreement and Letter of
Credit, and could not think of another subdivision where there have been contracts to fill lots.
He noted that it must have something to do with the drainage requirements.
Administrator Baird remarked that, based upon the professional opinions of Jim Davis
and Chris Kafer, the Letter of Credit is probably not necessary; however, some type of
agreement might be necessary as the property is developed.
Mr. Foster divulged that aside from the four existing lot owners, the remainder of the
property would be developed by professional builders, and he did not see drainage problems
resulting from building a house next to a private lot.
Chairman Davis wanted to see the trees kept on the property for as long as possible.
MOTION WAS MADE by Vice Chairman Flescher to
allow the Letter of Credit to expire, and to direct legal
staff to work out a Developer's Agreement on any
17
June 23, 2009
drainage issue which may arise, until the project is
reinstituted.
Attorney Collins saw no point in having an unsecured Developer's Agreement. He said
the control would be when the Certificate of Occupancy (CO) is issued for each individual
house, at which time it would be determined if the lot has been filled to the proper grade.
MOTION WAS AMENDED by Vice Chairman Flescher,
SECONDED by Chairman Davis, to allow the Letter of
Credit with Foster I.R.C., LLC, to expire.
Commissioner O'Bryan noted that although Vice Chairman Flescher's Motion would
vacate the Letter of Credit, the requirement for the lot fill remains. He felt it would be clearer to
have the Motion specify vacating the Contract for Lot Fill; the Letter of Credit could expire on
its own, and the lots could be filled individually as a builder/owner moves forward.
Attorney Collins confirmed that Commissioner O'Bryan was correct, and if the Board
vacates the Letter of Credit (the security), the Contract being secured by the Letter of Credit
should also be vacated.
Vice Chairman Flescher assented.
Attorney Collins added that, since the County would be deleting a time requirement on
the lot fill, Mr. Foster should amend his deed restrictions for the four lot owners accordingly, to
require lot fill at the time of development.
Commissioner Solari wanted to add an amendment to Vice Chairman Flescher's Motion
such that the four lot owners would be excluded from having to fill prior to building.
18
June 23, 2009
Pursuant to Administrator Baird's request, Public Works Director Jim Davis explained
the reason for originally placing the requirement for lot fill on the subject property, and opined
that drainage at this site does not seem to be a problem.
MOTION WAS AMENDED by Vice Chairman Flescher,
SECONDED by Chairman Davis, to allow the Letter of
Credit to expire; to vacate the fill order; and to not hold
the four lot owners to the lot fill as required.
Attorney Collins stated that the County could not grant the four lot owners the right to not
fill the lots; Mr. Foster would have to amend his deed restrictions accordingly. Upon request
from the Chairman, he clarified that the Motion would be to allow the Letter of Credit to expire;
to rescind the Contract for Lot Fill; and to ask Mr. Foster to amend his deed restrictions so the
four lot owners don't have to put in lot fill until the time of building.
Penny Chandler, IRC Chamber of Commerce, spoke of the County's goals to be more
business -friendly, and observed that creating another non -attractive parcel of development land,
is not where the County wants to head. She suggested that the solution might be Senate Bill 360
(SB 360), which contains provisions for local communities to deal with development issues.
Joseph Paladin, President of Black Swan Consulting and Atlantic Coast Construction
and Development, Inc., citing his subdivision Parkland Estates as an example, talked about the
benefits of building out a subdivision slowly, so that new trees can be planted as others are
removed, and felt that leaving the trees on the subject property benefits not only the developers
and lot owners, but all area residents.
Peter Robinson, 315 Greytwig Road, Rd; Vice President of Laurel Homes, spoke of the
benefits of doing things the old way, before all the different LDR requirements. He asked the
19
June 23, 2009
Board to review the Letters of Credit requirements, remarking that "if you kill the developer up
front, then everything goes away."
Michael Thorpe, 4303 Sunset Drive, lot owner at Huntington Place, related that he had
bought his lot because Huntington Place was one of few available wooded subdivisions. He
briefly described Foster I.R.C., LLC's intent to create a landmark property in the County, and
urged the Commission to allow them to continue with their goal, and not be forced to clear-cut
the property.
Public Works Director Jim Davis and Chairman Davis engaged in further discussion
about why the requirements for lot fill had initially been placed upon the subject property.
Aaron Bowles, MVB Engineering, 2455 14th Avenue, described drainage analysis which
had been done on the subject lot, affirming that he did not anticipate any problems with poor
drainage creating wetlands.
Upon request, Attorney Collins repeated the Motion for clarity: to allow the Letter of
Credit with Foster I.R.C., LLC to expire; rescind the Contract for Lot Fill with Foster I.R.C.,
LLC; and request Mr. Foster to amend his deed restrictions for Huntington Place so the four lot
owners don't have to fill until the time of building.
Commissioner O'Bryan and staff briefly discussed potential ponding at the subject site.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board (1) approved to
allow the Letter of Credit with Foster I.R.C., LLC to
expire; (2) approved to rescind the Contract for Lot Fill
with Foster I.R.C., LLC; and (3) requested Mr. Foster to
amend his deed restrictions for Huntington Place so the
20
June 23, 2009
four lot owners do not have to fill until the time of
building.
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS
11.A. DOLLARS FOR SCHOLARS REQUEST FOR USE OF EQUIPMENT
County Administrator Joseph Baird brought before the Board a request from E. Michael
Stutzke, Athletic Director of Sebastian River High School, for the County to waive its non-profit
fee and donate three sets of bleachers for the Dollars for Scholars Kick -Off Classic on August
28, 2009. He stated that staff has no problem with the request, and recalled that the fees had
been waived for almost every non-profit agency this year.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, to waive the
standard rental fees for the use of three sets of County
bleachers for the Dollars for Scholars Kick -Off Classic
scheduled for August 28, 2009, as requested in the letter
submitted by E. Michael Stutzke, CMAA.
Commissioner Wheeler remarked that everyone should be treated equally, and wanted to
see a policy established to provide consistency on whether or not the fee is waived for non-
profits. He also wanted to see a line -item for this fee in the budget, and wanted to know what the
annual cost to the County was.
County Administrator Joseph Baird divulged that this year, the County has waived about
$23,000 in non-profit fees. He noted that most of the costs charged are for the labor, which is
provided by the Park Maintenance staff, and for the fuel required to set up.
21
June 23, 2009
Chairman Davis did not know if a cost savings would result by having a staff member
provide the labor on a compensatory time (comp time) basis, rather than on overtime.
The Board Consensus was to direct the County Administrator to return before the next
fiscal year, with a policy on donating equipment to non -profits.
Chairman Davis confirmed with Vice Chairman Flescher that his Motion was to approve
Mr. Stutzke's request for the donation of bleachers to the Dollars for Scholars.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board waived the
standard rental fees for the use of three sets of County
bleachers for the Dollars for Scholars Kick -Off Classic
scheduled for August 28, 2009, as requested in the letter
submitted by E. Michael Stutzke, CMAA.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF PSA C'S (PROFESSIONAL SERVICES ADVISORY
COMMITTEE) RECOMMENDATION TO AMEND THE LAND DEVELOPMENT
REGULATIONS (LDRs) TO PROVIDE FOR PERMANENT EXCEPTIONS TO
THE LDRs FOR INDIVIDUAL DEVELOPMENT PROJECTS
County Planning Director Stan Boling discussed recent economic development initiatives
which the Board has been involved with, recalling that on May 19, 2009, the Board had adopted
an Ordinance providing a temporary, 90 -day suspension of compliance to the LDR's at the time
22
June 23, 2009
of Certificate of Occupancy. He briefed the Board on the Professional Services Advisory
Committee's (PSAC) recommendation to amend the Land Development Regulations (LDR's) to
provide for permanent exceptions for individual development projects, which would provide to
the developers additional flexibility. He thereafter outlined three alternatives which included
two recommendations, and conveyed that staff's preference was Recommendation 1, to direct the
PSAC and staff to identify "problem LDR's" and develop proposed amendments to resolve the
problems identified.
Although he liked the concept of having a permanent exception ordinance, Commissioner
Wheeler was concerned that some individuals would try to cut costs by deviating from the LDR
requirements at the permitted 10% allowance. He pointed out that when an applicant comes
before a governing board to request an exemption, each Board member would have a different
level of common sense and perception. He reminded the Commissioners that a temporary 90 -
day exception could already be granted, and presented his preference to have the problem LDR's
identified and corrected.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, to accept staff's
Recommendation No. 1, to direct PSAC and staff to
identify "problem LDRs" and develop proposed
amendments to resolve the problems identified.
Chairman Davis was opposed to unilaterally lowering the landscape requirements for
development Countywide, and felt that common sense could be used. He felt that the County
had a good, workable landscape ordinance, although there were parts of the County where every
ordinance did not fit properly. He wanted the Board to have the ability to grant some permanent
waivers, and to give some business -friendly relief to businesses, where appropriate.
23
June 23, 2009
To advance the discussion, Commissioner Solari asked the Board to consider combining
PSAC's Recommendations 1 and 2 (see pages 176 and 177), where permanent exceptions from
an LDR standard could be granted (with a deviation not to exceed 10%), and an alternative
design or improvement could be proposed that would provide a "functionally equivalent" result.
He also wondered whether the maximum deviation allowed in PSAC's Recommendation 1 could
be increased from 10% to 20%.
Vice Chairman Flescher noted that most of the compliance issues have involved
landscaping, which he felt should be staff's focus. He wanted to have the PSAC and staff
identify the problem LDR's and develop proposed amendments to resolve those problems, and
was opposed to not taking action, as presented as Alternative 1 in staff's memorandum.
Commissioner Wheeler felt that Recommendation 2, developing a permanent exception
ordinance, would be a slippery slope leading to lower overall standards.
Commissioner O'Bryan opined that granting the permanent exemptions would
unilaterally lower the LDR standards, and felt the Board should maintain consistency with the
policy that was established. He recalled a decision made last year, when four Commissioners
voted to not grant an exception to the rules and regulations for Ocean Concrete. Commissioner
O'Bryan supported staff's Recommendation No. 1, observing that a bad LDR should be changed
permanently, and not every time someone appeals to the Board.
Commissioner Solari wanted to know if the idea of having a "functional equivalent"
could be built into the LDR's. He observed that there would be no lowering of standards -- the
business owner could use a little creativity to do something which is a better match for the site
and neighborhood.
24
June 23, 2009
Director Keating explained that most of the regulations are quantitative, and pointed out
that the problem with the functional equivalent is that it is a qualitative standard, which requires
a judgment.
Vice Chairman Flescher thought that a wider sense of what was acceptable needed to be
brought into "functional equivalency," citing as an example two businesses that might have
benefitted from the application of "functional equivalency", due to trees obscuring their
signage.
Director Boling stated that some of the examples cited relate to pretty narrow parts of the
landscape code. He discussed an emerging pattern with narrow buffers and canopy trees, and
further clarified why staff supported Recommendation 1, the examination of the problem LDR's.
Mr. Robinson, 315 Greytwig Rd., PSAC Committee Member, cited an instance where a
permanent exception for in-store bathroom facilities had been granted at the Outlet Mall, and he
noted that in some cases, a permanent exception beats the original building code.
Charles Wilson, 1057 6th Avenue, opined that one cause of the County's escalating
unemployment is that it is difficult for small businesses to operate in the County, and felt that
today's proposal was another step towards making us a more business -friendly community. He
felt that it would be better to have a high standard, allowing unique exceptions, than a lower
standard without exception allowances, and urged the Board to combine staff's
Recommendations 1 and 2.
Brian Carman, Executive Director, IRNA, did not feel that the unemployment problem
was the result of the LDR requirements. He pointed out that the County wants to move into
something permanent, when the results of the temporary 90 -day variance have not yet been seen.
He spoke of the difficulty of maintaining consistency and fairness from application to
25
June 23, 2009
application, and believed that, if the proposal is approved, it will be difficult to stop it once it
gets going.
Mr. Paladin, President, Black Swann Consulting, alluded to Chapter 926, which governs
landscaping, stating that four years of work went into its creation and some of it has not yet been
used. He urged the Board to use caution when making any quick changes, and supported having
staff review the LDR's to ascertain what the problems are, and to make any changes slowly.
Further deliberations ensued as Mr. Paladin and the Commissioners considered the 90 -
day temporary suspension ordinance; whether to develop a permanent exception ordinance or to
identify the problem LDR's and develop amendments to resolve the problems; and the use of the
"functional equivalent" to allow business people sufficient flexibility to meet the LDR standards.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman Davis opposed), the Motion carried. The
Board approved staff's Recommendation No. 1
(Alternative 2), to direct PSAC and staff to identify
"problem LDRs" and develop proposed amendments to
resolve the problems identified.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, to direct staff to
initiate the formal LDR amendment process to develop a
Permanent Exception Ordinance that builds on PSAC's
Recommendations 1 and 2, and to return to the Board with
an LDR.
26
June 23, 2009
Commissioner O'Bryan, Chairman Davis, and Mr. Robinson continued discussing the
incorporation of the "functional equivalent" into the LDR's and the proposed permanent
exception ordinance, after which the Board took the following action:
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner O'Bryan opposed), the Motion
carried.
12.B. EMERGENCY SERVICES -NONE
12. C GENERAL SERVICES -NONE
12.D. HUMAN RESOURCESNONE
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
12.1. UTILITIES SERVICES -NONE
27
June 23, 2009
13. COUNTY ATTORNEY MATTERS
13.A. EXTENSION TO CONTRACT FOR LOT FILL RELATING TO HUNTINGTON
PLACE SUBDIVISION
(Clerk's Note: This item was heard immediately prior to, and in conjunction with, Item
10.B.1. and is placed here for continuity. Please see item 10.B.1. for discussion and Board
action).
County Attorney William Collins recalled that on January 6, 2009, Foster I.R.C., LLC,
the developer of Huntington Place, had requested a 2 -year extension to its Contract for Lot Fill,
and to the associated Letter of Credit. He provided background and outlined the conditions of
the requested 2 -year extension, and told the Commissioners that before them today was a draft
Modification to the Contract for Lot Fill with Foster I.R.C., LLC. He added that he did not know
what Mr. Foster, who was scheduled to speak at today's Commission meeting, wanted to discuss.
At this time, Chairman Davis invited Mark C. Foster, President of Foster I.R.C., LLC, to
present his request to the Board.
13.B. FLORIDA ASSOCIATION OF COUNTIES' INQUIRY OF INTEREST IN JOINING
SUIT TO CHALLENGE HOUSE BILL 227 -IMPACT FEES
County Attorney William Collins recapped the memorandum of June 16, 2009 to provide
details on the request by Ginger Delegal, General Counsel of the Florida Association of Counties
(FAC), to determine whether any counties would be interested in challenging a new law relating
to impact fees, House Bill 227 (HB 227). He related the two primary bases for challenging the
law (outlined on pages 228 and 229), and said that FAC was considering the following three
options: (1) seek a declaratory action that the law was unconstitutional because it did not meet
the constitutional requirement for two-thirds passage in both Houses; (2) wait until the law is
28
June 23, 2009
challenged and raise some of the issues in a defensive posture; or (3) wait until the next
Legislative Session to see if there are any amendments.
Before making a determination, Chairman Davis wanted to discuss the matter with fellow
Commissioners from around the State, at an upcoming meeting.
Commissioner Wheeler wanted to join FAC in the suit. He affirmed that FAC generally
looks out for local home rule, and opined that there have been prior violations of the constitution
at the Federal and State levels, such as unfunded State mandates. He felt that if we do not stand
our ground now, we are going to lose more and more ability to have local rule, for every County.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to approve the
Board of County Commissioners' participation as a named
plaintiff in a suit challenging House Bill 227 (HB 227) —
Impact Fees.
Attorney Collins clarified for Chairman Davis that FAC was not requesting any funding
participation; they were just trying to ascertain which Counties might be interested in being
named as a plaintiff in the potential lawsuit.
Commissioner Wheeler declared that Counties State-wide need to stand together on this
issue, to look out for our interests.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Chairman Davis opposed), the Board approved the
Board of County Commissioners' participation as a named
plaintiff in a suit challenging House Bill 227 (HB 227) —
Impact Fees.
29
June 23, 2009
13. C. FLORIDA ASSOCIATION OF COUNTIES' INQUIRY OF INTEREST IN JOINING
SUIT TO CHALLENGE SENATE BILL 216 - LOCAL GOVERNMENT
CAMPAIGN FINANCE
County Attorney William Collins related that Senate Bill 216 (SB 216), related to local
government campaign finance, was a second new law which the Florida Association of Counties
(FAC) was considering challenging. Reviewing the memorandum of June 16, 2009, he outlined
the four primary bases for challenging the law (presented on pages 235 and 236), and said that
FAC was trying to gauge interest on whether any Counties were interested in being included in
the lawsuit, as a named plaintiff.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, by a 4-1 vote (Chairman Davis
opposed), the Board approved the Board of County
Commissioners' participation as a named plaintiff in a suit
challenging Senate Bill 216 (SB 216), with respect to local
government campaign finance.
13.D. ACQUISITION OF RIGHT-OF-WAY AND PROPERTY EXCHANGE ALONG 66TH
AVENUE, PARCEL 107, GLEN C. BESANCON, 6725 66TH AVENUE
Deputy County Attorney William DeBraal used an aerial projection to describe the
request for a right-of-way acquisition and property exchange with Glen Besancon, owner of 3.36
acres located on the west side of 66th Avenue. The transaction would involve the purchase of
0.8729 acres of right of way, and the conveyance to Mr. Besancon of a 1.05 acre parcel south of
Mr. Besancon's property, currently owned by the County, and being leased by Robert and
30
June 23, 2009
Wendy Gardiner, the former owners. Attorney DeBraal enumerated the costs for the parcel, and
disclosed that the County would receive a credit of $96,923 for the property exchange, towards
the total purchase price of $170,511.75. He thereafter presented staff's recommendation to
approve the contract for the purchase of the property and the property exchange, the latter which
would be brought back to the Board for final approval, after the satisfaction of the advertising
requirements.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Davis, for discussion, to
approve staff's recommendation to purchase the Besancon
parcel.
Commissioner O'Bryan opposed the purchase, objecting to the comparables which were
used by the appraiser (valued at around $100,000 per acre), when there were two comparables
valued at about $55,000 an acre located closer to the subject property. Further, the same
appraiser had one year ago valued a near -by property, the Dowling parcel, at $54,794 per acre.
Commissioner O'Bryan voiced further objections which included Costs to Cure of $2,000 for
stabilized driveways, which he considered to be basically dirt ruts through the grass, and an
additional charge of $10,000, above and beyond the $100,000 acre land value, for the grass.
Attorney DeBraal addressed the land value of the Dowling versus the Besancon parcels.
He expressed confidence that no individual was doing anything unprofessional or unethical in
dealing with the County, and reported that Bob Babcock, an Orlando -based MAI Certified
Appraiser, has offered to speak to the Board members regarding the methodology used by an
appraiser to arrive at his or her opinion.
Commissioner O'Bryan was interested in having Mr. Babcock attend a meeting and
answer his questions about the appraisal.
31
June 23, 2009
Attorney DeBraal assured Commissioner O'Bryan that he would have the opportunity to
pose his questions to Mr. Babcock, then addressed his other concern about Mr. Besancon's plans
to create an additional lot.
Commissioner Wheeler WITHDREW his Motion to
approve staff's recommendation to purchase the Besancon
parcel.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to DENY staff's
recommendation to purchase the Besancon property.
Attorney DeBraal requested that the Board give him specific direction, so that a counter-
offer could be provided.
Commissioner Wheeler felt that it would be beneficial to have Commissioner O'Bryan,
who has the interest and background, have some type of involvement in the right-of-way
acquisitions. He noted that it might eliminate some of the momentary decisions with which the
Commission is presented.
Vice Chairman Flescher disagreed with some of Commissioner O'Bryan's points about
exaggerated prices. He felt that there was some value to the stabilized driveway, and asked staff
to provide a cost -analysis, and to explain what constitutes a stabilized driveway.
Assistant Public Works Director Chris Mora provided clarification and cost -analysis for
an eighteen -foot stabilized driveway, after which Vice Chairman Flescher voiced that the $2,000
cost was not excessive.
Commissioner O'Bryan asserted that the subject driveway was not a stabilized driveway.
32
June 23, 2009
A lengthy discussion ensued as the Commissioners expressed approval or opposition to
Commissioner Wheeler's suggestion to have Commissioner O'Bryan participate in the early
stages of the eminent domain negotiations. Commissioner O'Bryan amended his Motion as
follows:
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, to approve the
purchase of the needed right-of-way from Glen Besancon,
based upon a land value of $55,000 per acre; inclusive of
engineering fees of $1,000, with no compensation paid for
the driveways or grass, with all other terms of agreement
to hold, and with the Attorney's fee to be based upon
percentage of the revised total purchase price.
Mr. Paladin proposed to include in the bid process, the specification that an appraiser
would attend a Board of County Commission meeting to provide answers to any questions which
might arise on his or her appraisal.
County Administrator Joseph Baird suggested that the Board create a Negotiations
Committee for right-of-way acquisitions, to be comprised of the County Attorney or his
designee; Assistant County Administrator Michael Zito; a staff member from Engineering; and a
Commissioner -Liaison.
Commissioners Wheeler and Solari supported Administrator Baird's suggestion, and
Commissioner Wheeler suggested that Commissioner O'Bryan be appointed as the liaison.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
33
June 23, 2009
purchase of the needed right-of-way from Glen Besancon,
based upon a land value of $55,000 per acre; inclusive of
engineering fees of $1,000, with no compensation paid for
the driveways or grass, with all other terms of agreement
to hold, and with the Attorney's fee to be based upon
percentage of the revised total purchase price.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Solari, to create a
Negotiations Committee for right-of-way acquisitions, to
be comprised of Commissioner O'Bryan as the
Commissioner -Liaison; Deputy County Attorney William
DeBraal; Assistant County Administrator Michael Zito;
and one County Engineer.
Attorney DeBraal inquired whether the Negotiations Committee would be involved in
each individual right-of-way transaction, and the Board Consensus was that the use of the
Committee would be governed by common sense.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Davis and Flescher opposed), the
Motion carried.
34
June 23, 2009
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN
14.A.1. CONSIDERATION OF SUBMITTED APPLICATIONS FOR THE CITIZEN -AT
LARGE APPOINTEE ON THE HISTORIC RESOURCES ADVISORY COMMITTEE
(HRAC)
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman Davis, to approve the
appointment of Paul Kuvshinikov, as the Citizen -At -Large
appointee on the Historical Resources Advisory
Committee (HRAC), as requested in the memorandum of
June 23, 2009.
Paul Kuvshinikov, 2050 East Lakeview Drive, Sebastian, introduced himself, stating
that he currently serves for the City of Vero Beach Historic Preservation Commission, and he
had requested to serve also at the County level, to both protect and enhance the resources and the
natural and cultural heritage of Indian River County. He expressed his desire to maintain the
wonderful qualities and uniqueness of the County, and acknowledged the presence of his son
John, who he had brought along, because history was the passing down from one generation to
the other.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved the
appointment of Paul Kuvshinikov, as the Citizen -At -Large
appointee on the Historical Resources Advisory
35
June 23, 2009
Committee (HRAC), as requested in the memorandum of
June 23, 2009.
14.B. COMMISSIONER .JOSEPH E. FLESCHER-NONE
14. C. COMMISSIONER GARY C. WHEELER -NONE
14.D. COMMISIONER PETER D. O'BRYAN-NONE
14.E. COMMISSIONER BOB SOLARI-NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
15.C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 12:51
p.m.
June 23, 2009
36
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: JUL 2 1 2009
BCC/MG/2009Minutes
June 23, 2009
Wesley S. Davis, Chairman
37
OK 131 PG 636