HomeMy WebLinkAbout07/21/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JULY 21, 2009
1. CALL TO ORDER ...............
2. INVOCATION....................................................................................................................................1
3. PLEDGE OF ALLEGIANCE............................................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
DELETION: ITEM 10.13.3.REQUEST TO SPEAK FROM SPENCER SIMMONS, MEADOWS
COUNTRY SQUARE HOME OWNERS ASSOCIATION PRESIDENT ................................... 2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................................2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING AUGUST 9, 2009 AS SMOKEY
BEARDAY.............................................................................................................. 2
5.13. PRESENTATION OF PROCLAMATION COMMENDING TEAMSTERS LOCAL 769
MEMBERS SUPPORT OF THE CURRENT ECONOMIC CONDITION .................................. 2
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July 21, 2009
5.C. PUBLIC ANNOUNCEMENT FOR SEBASTIAN ELECTRONICS RECYCLING EVENT ON
AUGUST 1, 2009 BY HIMANSHU MEHTA, MANAGING DIRECTOR, SOLID WASTE
DISPOSAL DISTRICT................................................................................................ 3
6. APPROVAL OF MINUTES..............................................................................................................3
6.A. REGULAR MEETING OF JUNE 23, 2009..................................................................... 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION...............................................................................................................................3
7.A. CITY OF SEBASTIAN ORDINANCE 0-09-09 - ANNEXATION OF 3 ACRES WEST OF
U.S.1 BETWEEN SHADY REST MOBILE HOME PARK AND THE ST. SEBASTIAN
CATHOLIC CHURCH; ORDINANCE 0-09-10 - LAND USE; AND ORDINANCE 0-09-11
- ZONING; ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD ............................. 3
7.13. RESIGNATION OF BUSINESS IN ENTERPRISE ZONE APPOINTEE TO THE
ENTERPRISE ZONE DEVELOPMENT AGENCY............................................................. 4
7.C. RESIGNATION OF MEMBER AT LARGE APPOINTEE TO THE ENTERPRISE ZONE
DEVELOPMENT AGENCY.......................................................................................... 4
8. CONSENT AGENDA........................................................................................................................4
8.A. APPROVAL OF WARRANTS AND WIRES, JULY 3, 2009 THRU JULY 9, 2009 .................. 4
8.13. APPOINTMENT OF MEMBER -AT -LARGE APPOINTEE TO THE ENVIRONMENTAL
CONTROL HEARING BOARD..................................................................................... 5
8.C. LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS AND DISCOUNTS FOR
THE2008 TAX ROLL............................................................................................... 5
8.D. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND.......................................................... 6
8.E. PROPERTY ACQUISITION - TAX ROLL REMOVAL & TAX CANCELLATION
PROPERTIES, ACQUIRED BY INDIAN RIVER COUNTY BETWEEN MAY 22, 2009 AND
JULY6, 2009.......................................................................................................... 6
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July 21, 2009
8.F. TEMPORARY DRAINAGE EASEMENT FOR 20TH AVENUE SOUTHWEST, FALCON
TRACE, PHASE III................................................................................................... 8
8.G. PERMISSION TO PROCEED WITH LEGAL ACTION AGAINST WHISPERING PALMS
MOBILE HOME PARK FOR UNPAID UTILITY CHARGES ............................................... 9
8.H. RESCISSION OF OFFER ON PARCEL 135 ON 66TH AVENUE ........................................... 9
8.I. RESOLUTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF INDIAN
RIVER COUNTY DURING THE TIME FRAMES OF JULY 22, 2009, THROUGH AND
INCLUDING AUGUST 17, 2009, AND AUGUST 19, 2009, THROUGH AND INCLUDING
SEPTEMBER7, 2009................................................................................................ 9
8.J. AMENDMENT NO. 1 TO PROFESSIONAL CIVIL ENGINEERING SERVICES
AGREEMENT WITH SCHULKE, BITTLE & STODDARD, LLC - THE ENCLAVE .............. 11
8.K. FINAL PAY ARDAMAN & ASSOCIATES, INC., AMENDMENT NO. 1 TO WORK
ORDER NO. 6 (ENGINEERING), 12TH STREET SIDEWALK PROJECT, FROM 43RD
AVENUE TO 27TH AVENUE, IRC PROJECT #0604 ...................................................... 11
8.L. AMENDMENT NO. 1 TO WORK ORDER NO. 2 (ENGINEERING) WITH ARDAMAN &
ASSOCIATES, INC., 53RD STREET BRIDGE OVER LATERAL H CANAL - IRC
PROJECTNo. 0107................................................................................................ 12
8.M. REQUEST FOR BOARD APPROVAL OF A TWO-YEAR EXTENSION TO AN ESCROW
AGREEMENT WITH SHADOWBROOK ESTATES, INC. FOR REMEDIATION OF
GROUND CONTAMINATION ON THE SHADOWBROOK PARCEL OF THE SOUTH
PRONG PRESERVE LAAC SITE............................................................................... 12
8.N. AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT NO. 9810, 66TH AVENUE PAVING
IMPROVEMENTS (4TH STREET TO SR 60)................................................................. 13
8.0. CHANGE ORDER NO. 3, CR 512, PHASE IV, IRC PROJECT NO. 9611B, H & J
CONTRACTING, INC............................................................................................... 13
8.P. APPROVAL OF RENEWAL FOR A CLASS "B" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR AMERICAN AMBULANCE SERVICES INC. TO
PROVIDE INTER -FACILITY AMBULANCE TRANSPORTATION SERVICES ..................... 14
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July 21, 2009
8.Q. MISCELLANEOUS BUDGET AMENDMENT 018 .......................................................... 14
8.R. TRIPLE C & T INVESTMENTS, INC., DEVELOPER'S AGREEMENT FOR PAVING 471 II
STREETEAST OF U.S. 1......................................................................................... 14
8.S. AMENDMENT AND EXTENSION OF HURRICANE DEBRIS REMOVAL CONTRACTS
FOR OMNI PINNACLE, LLC AND CERES ENVIRONMENTAL SERVICES, INC ................ 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES................................15
9.A. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR ........................... 15
9.A.1. TAX COLLECTOR STATUS REPORT......................................................................... 15
10. PUBLIC ITEMS................................................................................................................................16
10.A. PUBLIC HEARINGS -NONE ................................................................................ 16
10.13. PUBLIC DISCUSSION ITEMS............................................................................. 16
10.B.1.REQUEST TO SPEAK FROM PHILIP WEILER REGARDING ROUTE 60 EXPERTECH
LIQUIDATED DAMAGES......................................................................................... 16
10.B.2.REQUEST TO SPEAK FROM FRED MENSING REGARDING BEACH SAND PROJECT
PHASE 3 AND RAIL PASSENGER SERVICE............................................................... 17
10.B.3.REQUEST TO SPEAK FROM SPENCER SIMMONS, MEADOWS COUNTRY SQUARE
HOME OWNERS ASSOCIATION PRESIDENT.............................................................. 18
10.13.4. REQUEST TO SPEAK FROM J. WAYNE SCHASANE, PRESIDENT, IAFF LOCAL 2001
2201 REGARDING IAFF CONTRACT....................................................................... 18
10.C. PUBLIC NOTICE ITEMS -NONE ......................................................................... 20
11. COUNTY ADMINISTRATOR MATTERS - NONE....................................................................20
12. DEPARTMENTAL MATTERS......................................................................................................20
12.A. COMMUNITY DEVELOPMENT - NONE............................................................. 20
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July 21, 2009
12.13. EMERGENCY SERVICES - NONE....................................................................... 20
12.C. GENERAL SERVICES - NONE............................................................................. 20
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 ....................................................... 20
12.G.1. RESOLUTION AUTHORIZING $30,000,000 WATER AND SEWER REVENUE
REFUNDING BONDS SERIES 2009........................................................................... 20
12.H. RECREATION -NONE ......................................................................................... 22
12.I. PUBLIC WORKS - NONE..................................................................................... 22
12.J. UTILITIES SERVICES......................................................................................... 22
12.J.1. CONSULTING ENGINEERING SERVICES WORK ORDER NO. 1 1 WITH SCHULKE,
BITTLE & STODDARD, L.L.C. FOR A MASTER PLAN 16" WATER MAIN LOOP
EXTENSION ON 16TH STREET FROM 58TH AVENUE TO 74TH AVENUE AND THE
INSTALLATION OF A 16" TEE AND VALVE ON 16TH STREET ...................................... 22
12.J.2. REQUEST PERMISSION TO ADVERTISE FOR PUBLIC HEARING ON AUGUST 18,
2009, TO AMEND PERMISSIONS TO ORDINANCE CODE CHAPTER 201 WATER AND
SEWER.................................................................................................................. 23
12.J.3. US1 AT 73RD STREET 16" WATER MAIN AERIAL CROSSING OF FDOT DITCH
REPLACEMENT WITH DIRECTIONAL DRILL WATER MAIN, APPROVAL OF WORK
AUTHORIZATION DIRECTIVE NO. 2009-002 BY SHELTRA & SONS CONSTRUCTION
CO., INC., UCP No. 4032...................................................................................... 24
12.J.4. WORK ORDER NO. 11 WITH CDM FOR A REUSE RATE STUDY ................................. 24
12.J.5. WORK ORDER NO. 14 WITH CDM - ENGINEERING CONSTRUCTION SERVICES
DURING REIMBURSEMENT OF WELL NO. 5 AND WORK DIRECTIVE WITH AMPS
TO REFURBISH WELL NO. 5 AT THE SOUTH COUNTY R.O. FACILITY ........................ 24
12.J.6. SR 60 UTILITY CONFLICT RESOLUTIONS WITH FDOT DRAINAGE, PAVEMENT
AND TRAFFIC SIGNAL IMPROVEMENTS FROM 8300 SR 60 TO INDIAN CREEK
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July 21, 2009
BLVD., FINAL PAY TO SPS CONTRACTING, INC. AND REIMBURSEMENT TO
RANGER CONSTRUCTION INDUSTRIES, INC. FOR DELAY CHARGES, UCP #3026 ....... 25
13. COUNTY ATTORNEY MATTERS...............................................................................................26
13.A. DIVOSTA HOMES L.P. AND DIVOSTA HOMES HOLDINGS, L.L.C. VS. INDIAN
RIVER COUNTY, CASE NO. 20070109CA19 - SETTLEMENT PROPOSAL .................... 26
14. COMMISSIONER ITEMS...............................................................................................................33
14.A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN ........................................... 33
14.A.1. CONSIDERATION OF SUBMITTED APPLICATIONS FOR THE BOARD OF COUNTY
COMMISSIONER'S APPOINTEE ON THE TOURIST DEVELOPMENT COUNCIL (TDC)..... 33
14.13. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN - NONE ................ 33
14.C. COMMISSIONER GARY C. WHEELER - NONE .................................................. 33
14.D. COMMISSIONER PETER D. O'BRYAN - NONE ................................................... 34
14.E. COMMISSIONER BOB SOLARI -NONE ............................................................. 34
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................34
15.A. EMERGENCY SERVICES DISTRICT.................................................................. 34
15.A.1. APPROVAL OF MINUTES MEETING OF MAY 12, 2009 ............................................. 34
15.A.2. APPROVAL OF MINUTES MEETING OF JUNE 2, 2009 ............................................... 34
15.A.3. APPROVAL TO PURCHASE (1) INTERNATIONAL TYPE I MEDIUM DUTY
AMBULANCE FROM ETC........................................................................................ 34
15.13. SOLID WASTE DISPOSAL DISTRICT - NONE ..................................................... 34
15.C. ENVIRONMENTAL CONTROL BOARD - NONE ................................................. 34
16. ADJOURNMENT
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July 21, 2009
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JEFFREY K. BARTON
Clerk to the Board
July 21, 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, July 21, 2009. 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 11, and Deputy
Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Emory Polley, Central Assembly Church of God, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Solari led the Pledge of Allegiance to the Flag.
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July 21, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Administrator Baird requested the following change to the Agenda:
DELETION. ITEM 1O. B.1 REQUEST TO SPEAK FROM SPENCER SIMMONS,
MEADOWS COUNTRY SQUARE HOME 0 wNERS ASSOCIATION PRESIDENT
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
Day".
S.A. PRESENTATION OF PROCLAMATION DESIGNATING A UG UST 9, 2009 AS
SMOKEYBEAR DAY
Chairman Davis read the Proclamation recognizing August 9, 2009 as "Smokey Bear
S.B. PRESENTATION OF PROCLAMATION COMMENDING TEAMSTERS LOCAL 769
MEMBERS SUPPORT OF THE CURRENT ECONOMIC CONDITION
Commissioner Wheeler read the Proclamation commending Teamsters Local 769
members for their cooperation and goodwill in forgoing their contractual increases and for their
decision to be a part of the solution in dealing with the County's budgetary challenges.
2
July 21, 2009
S.C. PUBLICANNOUNCEMENT FOR SEBASTIANELECTRONICS RECYCLING
EVENT ONAUGUST I, 2009 BYHIMANSHUMEHTA, MANAGINGDIRECTOR,
SOLID WASTE DISPOSAL DISTRICT
Managing Director of the Solid Waste District Himanshu Mehta announced Sebastian's
first Electronics Recycling Event scheduled for Saturday, August 1St, 2009, from 9:00 a.m. to
3:00 p.m., behind the Sebastian City Hall on Main Street. He also provided a PowerPoint
presentation showing the results of the Electronics Recycling Event held at the Indian River Mall
on January 24, 2009.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JUNE 23, 2009
The Chairman asked if there were additions or corrections to the Minutes of the Regular
Meeting of June 23, 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 23,
2009, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
7.A. CITY OF SEBASTIAN ORDINANCE 0-09-09 -ANNEXATION OF 3 ACRES
WEST OF U.S.] BETWEEN SHADYREST MOBILE HOME PARK AND THE ST.
SEBASTIAN CATHOLIC CHURCH; ORDINANCE 0-09-10 - LAND USE; AND
ORDINANCE 0 -09 -II -ZONING; ON FILE IN THE OFFICE OF THE CLERK
TO THE BOARD
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July 21, 2009
7.B. RESIGNATION OF B USINESS IN ENTERPRISE ZONE APPOINTEE TO THE
ENTERPRISE ZONE DEVELOPMENT AGENCY
Jeff Thompson, Business in Enterprise Zone Appointee to the Enterprise Zone
Development Agency (EZDA) submitted his resignation on July 14, 2009. His term would have
expired in 2013.
7 C. RESIGNATION OF MEMBER AT LARGE APPOINTEE TO THE ENTERPRISE
ZONE DEVELOPMENT AGENCY
Scott Stradley, Member at Large Appointee to the Enterprise Zone Development Agency
(EZDA) submitted his resignation on July 14, 2009. His term would have expired in 2012.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTSAND WIRES, JULYS, 2009 THRUJULY9, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires, issued by the
Clerk to the Board for the time period of July 3, 2009 to
July 9, 2009, as requested in the memorandum of July 9,
2009.
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July 21, 2009
8.B. APPOINTMENT OF MEMBER -AT -LARGE APPOINTEE TO THE
ENVIRONMENTAL CONTROL HEARING BOARD
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the appointment of Dr. Richard Baker as the
member -at -large appointee to the Environmental Control
Hearing Board, as recommended in the memorandum of
July 13, 2009. This position was vacated on April 7, 2009
with the resignation of Clete Deller.
8. C. LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS AND DISCOUNTS
FOR THE 2008 TAX ROLL
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized all County Commissioners to execute the two
original recapitulation reports, forward the reports to the
Clerk of Court for execution, and return one original to the
Tax Collector, as requested in the memorandum of July
14, 2009.
LIST OF ERRORS, INSOLVENCIES, DOUBLE ASSESSMENTS AND DISCOUNTS FOR THE 2008
TAX ROLL ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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July 21, 2009
8.D. DORI SLOSBERG DRIVER EDUCATIONSAFETYACT, INDIANRIVER
COUNTY TRAFFIC EDUCATION PROGRAM TR UST FUND
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
accepted the Report of the Indian River County Traffic
Education Program Trust Fund from the inception of the
$3 fee (October 1, 2002) through June 30, 2009, as
recommended in the memorandum of July 15, 2009.
8.E. PROPERTYACQUISITION— TAXROLL REMOVAL & TAX CANCELLATION
PROPERTIES, ACQUIRED BYINDIANRIVER COUNTY BETWEENMA Y 22,
2009 AND JULY 6, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-107, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (66th Avenue — Thomas Lester O'Neal, Jr.)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-108, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (66th Avenue — Vista Properties of Vero Beach,
Inc.)
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July 21, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-109, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (53rd Street and 66th Avenue — Herbert T. James,
Jr., Trust)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-110, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (CR 510 Arthur Lee Jones)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-111, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (CR 510 R/W — Darius William Rigby)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-112, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (53rd Street and 66th Avenue — Douglas Fleisher
and Janice Fleisher)
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July 21, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-113, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (CR 510 — Richard Rentschler and Maryann
Rentschler)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-114, canceling taxes upon
publicly owned lands, pursuant to Section 196.28, Florida
Statutes. (58th Avenue — CNL Net Lease Funding 2001,
LP)
8.E TEMPORARYDRAINAGE EASEMENT FOR 20TH AVENUE SOUTHWEST,
FALCON TRACE, PHASE III
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the temporary drainage easement for Falcon
Trace, Phase III, and authorized the Chairman to execute
same, as recommended in the memorandum of July 14,
2009.
TEMPORARY EASEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
July 21, 2009
8. G. PERMISSION TO PROCEED WITH LEGAL ACTIONAGAINST WHISPERING
PALMS MOBILE HOME PARK FOR UNPAID UTILITY CHARGES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
authorized the County Attorney's Office to proceed in
collecting the outstanding utility charges from Whispering
Palms, as recommended in the memorandum of July 14,
2009.
8. H. RESCISSION OF OFFER ONPARCEL 135 ON 66"" AVENUE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
rescinded its Unconditional Offer and Resolution of
Necessity to the Abazis's for right-of-way Parcel 135, and
directed staff to notify the Abazis's accordingly, as
recommended in the memorandum of July 14, 2009.
8.I. RESOL UTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF
INDIAN RIVER COUNTYDURING THE TIME FRAMES OF.%ULY22, 2009,
THROUGHANDINCLUDINGAUGUST 17, 2009, AND AUGUST 19, 2009,
THROUGHAND INCLUDINGSEPTEMBER 7,200
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July 21, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-115, delegating authority to
the County Administrator or the Assistant County
Administrator to execute Resolutions calling Letters of
Credit as necessary during the period commencing July
22, 2009, through and including August 17, 2009, and
further delegating to the County Administrator, the
Assistant County Administrator, and the Emergency
Services Director the authority to execute all documents
necessary to the proper functioning of the County during
the period commencing July 22, 2009, through and
including August 17, 2009.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-116, delegating authority to
the County Administrator or the Assistant County
Administrator to execute Resolutions calling Letters of
Credit as necessary during the period commencing August
19, 2009, through and including September 7, 2009, and
further delegating to the County Administrator, the
Assistant County Administrator, and the Emergency
Services Director the authority to execute all documents
necessary to the proper functioning of the County during
the period commencing August 19, 2009, through and
including September 7, 2009.
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July 21, 2009
8.J. AMENDMENT NO. I TO PROFESSIONAL CIVIL ENGINEERING SERVICES
AGREEMENT WITHSCHULKE, BITTLE & STODDARD, LLC- THE ENCLAVE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Amendment No. 1 to the Professional Civil
Engineering Services Agreement with Schulke, Bittle &
Stoddard, LLC, and authorized the Chairman to execute
same, as recommended in the memorandum of July 6,
2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K FINAL PAYARDAMAN & ASSOCIATES, INC., AMENDMENT No. I TO WORK
ORDER NO. 6 (ENGINEERING), 12TH STREET SIDEWALK PROJECT, FROM
43RDAVENaE To 27THAVENVE, IRCPROJECT#0604
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Ardaman & Associates, Inc. Invoice
No. SL -008069, dated June 18, 2009, in the amount of
$4,777.50 for final payment of Work Order No. 6, as
recommended in the memorandum of July 9, 2009.
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July 21, 2009
8.L. AMENDMENT NO. I TO WORK ORDER NO.2 (ENGINEERING) WITH
ARDAMAN & ASSOCIATES, INC., 53RD STREET BRIDGE OVER LATERAL H
CANAL - IRC PROJECT NO. 010 %
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously:
(1) approved Amendment No. 1 to Work Order No. 2
(Engineering) with Ardaman & Associates, Inc.,
authorizing the project as outlined in the proposal;
(2) authorized the Chairman to execute same for a not -to -
exceed fee of $123.00; and (3) authorized payment of
Invoice No. SL -008101, dated June 30, 2009, in the
amount of $488.00, for full and final payment, as
recommended in the memorandum of July 9, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. REOUEST FOR BOARD APPROVAL OFA TWO-YEAR EXTENSION TO AN
ESCROWAGREEMENT WITHSHADOWBROOKESTATES, ING FOR
REMEDIATION OF GROUND CONTAMINATION ON THE SHADOWBROOK
PARCEL OF THE SOUTHPRONG PRESERVE LAAC SITE
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Amendment to Escrow Agreement, and
authorized the County Administrator to execute same on
behalf of the County, as recommended in the
memorandum of July 13, 2009.
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July 21, 2009
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.N. AMENDMENTNO. 10 TO THE PROFESSIONAL SERVICESAGREEMENT WITH
CARTER ASSOCIATES, INc. IRCPROJECTNo. 9810, 66THAVENUEPAVING
IMPROVEMENTS NTH STREET TO SR 60)
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Amendment No. 10 in the amount of $74,580.00
for engineering survey services by Carter Associates, Inc.
as outlined in the Scope of Services, and authorized the
Chairman to execute same, as recommended in the
memorandum of July 8, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. CHANGE ORDER NO. 3, CR 512, PHASE IV, IRCPROJECT NO. 9611B, H
& J CONTRACTING, INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Change Order No. 3 to H & J Contracting, Inc.,
increasing the contract by $121,692.58 with $31,659.38 to
be paid by RaceTrac Petroleum, Inc. per Developer's
Agreement approved by the Board of County
Commissioners on April 7, 2009. The new contract
amount will now be $9,061,687.41, as recommended in
the memorandum of July 7, 2009.
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July 21, 2009
8.P. APPROVAL OFRENEWAL FOR A CLASS "B"CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR AMERICANAMBULANCE SERVICES
INC. TOPROVIDEINTER-FACILITYAMBULANCETRANSPORTATION
SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved renewal of the Class "B" Certificate of Public
Convenience and Necessity for American Ambulance
Services, Inc., to be effective for a period of two (2) years
from July 21, 2009 to July 21, 2011, as recommended in
the memorandum of July 14, 2009.
8. Q. MISCELLANEOUS BUDGET AMENDMENT OI 8
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Resolution 2009-117, amending the fiscal year
2008-2009 Budget.
8.R. TRIPLE C & T INVESTMENTS, INC., DEVELOPER Is AGREEMENT FOR
PAVING 47TH STREET EAST OF U.S. I
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Alternative No. 1 — the Developer's Agreement,
with Triple C & T Investments, Inc., as recommended in
the memorandum of July 13, 2009.
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July 21, 2009
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.S. AMENDMENT AND EXTENSION OF HURRICANE DEBRIS REMOVAL
CONTRACTS FOR OMNI PINNACLE, LLCAND CERES ENVIRONMENTAL
SERVICES, INC.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Amendment and Extension of both Debris
Removal Agreements, and authorized the County
Administrator to execute the Amendment and Extension
upon review and approval of the County Attorney and all
applicable staff, as recommended in the memorandum of
July 14, 2009.
AMENDMENT & EXTENSION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES
9.A. CAROLE JEAN JORDAN, INDIAN RIVER COUNTY TAX COLLECTOR
9.A.1. TAX COLLECTOR STATUS REPORT
Indian River County Tax Collector Carole Jean Jordan spoke about the new challenges
her office is facing: (1) an online auction (results of tax certificate sale on file); (2) the
September 1, 2009 increase in motor vehicle fees; (3) the Fast Title, also known as Expedia
Title, which is now available immediately at either the Sebastian or West office; and (4) the
additional services that will be required due to the new Real ID Act which goes into effect
January 2010. She emphasized customer service as their number one goal, and introduced her
staff.
15
July 21, 2009
Commissioner Wheeler felt the increase in fees and taxes were inconsistent and
inaccurate on the government's part.
Ms. Jordan acknowledged that none of the money for motor vehicle fee increases goes to
the Tax Collector's office, and that the reason she wanted to address the Commissioners today
was to provide information on the fee increase, and how to save money by taking advantage of
renewing for two years at the current fees before August 31, 2009 (flier on file).
10. PUBLIC ITEMS
IO.A. PUBLIC HEARINGS - NONE
10.B. PUBLICDISCUSSIONITEMS
10.B.1. REQUEST TO SPEAK FROMPHILIP WEILER REGARDING ROUTE 60
EXPERTEmLIQUIDATED DAMAGES
Philip Weiler, 6243 Thames Place, asked a few follow-up questions from the meeting of
June 2, 2009. He wanted to know if the liquidated damages against Expertech Network
Installation (US), Inc., had been recovered, and if so, how much.
Administrator Baird conveyed that Expertech had a contract to do the work for $113,727,
liquidated damages of $73,800 were exercised, with the County only paying them $39,927.
NO BOARD ACTION REQUIRED OR TAKEN
16
July 21, 2009
10.B.2. REQUEST TO SPEAK FROM FRED MENSING REGARDING BEACH SAND
PROJECT PHASE 3 AND RAIL PASSENGER SERVICE
Fred Mensing, 7580 129th Street, Sebastian, indicated that he was speaking for himself,
not as the President of the Friends of Historic Roseland. He said he had attended the pre-bid
conference regarding beach re -nourishment, and felt that the contract that was presented was one
sided, and not on equal footing, between the local sand miners and the dredging contractors, as
the Board had earlier requested. He requested the Board direct staff to ensure the contract be fair
and on equal footing, that the sand size be a standard requirement of 2.3, and to penalize the
appropriate parties if the grain size provided is not correct.
Mr. Mensing also spoke about bringing Amtrak services back to the County. He felt the
Board needed to "integrate something strictly seeking Amtrak" to work with all the counties
from Duval to Palm Beach, where in the past, proposals would re-route from the Florida East
Coast (FEC) railway over to the tri -rail system. He wanted the Board to take the lead, and also
create a medium that would allow all the proposed Counties to put the pressure on Washington.
Chairman Davis said that the Metropolitan Planning Organization (PLO) had passed a
Resolution supporting Mr. Mensing's proposal, and that it promogated through the Treasure
Coast Regional Planning Council. He emphasized that the Resolution is doing what Mr.
Mensing wants, only with a stronger voice.
Commissioner Solari informed Mr. Mensing that the Treasure Coast Regional Planning
Council had recently noted that they had 74 Resolutions from different Counties and
Municipalities throughout the region in support of this, and at their last meeting, two more
Municipalities added their names to the list. He acknowledged that they were actively pursuing
this, and believed they were the best group in the area to do so.
NO BOARD ACTION REQUIRED OR TAKEN
17
July 21, 2009
10.B.3. REQUEST TO SPEAK FROMSPENCER SIMMONS, MEADOWS COUNTRY
SQUARE HOME OWNERS ASSOCIATION PRESIDENT
DELETED
10.B.4. REQUEST TO SPEAK FROM J. WAYNE SmASANE, PRESIDENT, IAFF
LOCAL 200-12201 REGARDING IAFF CONTRACT
J. Wayne Schasane, President of International Association of Fire Fighters (IAFF) Local
2201, and 36 year veteran with Indian River County Fire Rescue, provided a PowerPoint
presentation (on file) identifying IAFF Contract budget issues and proposed cost cutting ideas.
He pointed out that Local 2201 was the first bargaining unit to negotiate no Cost of Living
Adjustment (COLA) for three years, as a result of the current economic crisis; and that they
disagree with staff's recommendations to eliminate an ambulance and reduce staff, for fear that
further cuts would jeopardize their level of service.
Administrator Baird defined the formula for administrative charges and the Fire
Department's 2009 budget; affirmed that the ambulance was not eliminated from the budget; and
disclosed that his goal, as set by the Board, was to try to keep millage rates low, tax less, and not
roll -back since this is a roll -up year.
Commissioner Solari commented on administrative fees, and felt that now might be a
good time to evaluate efficiencies in the Emergency Medical Services (EMS) system to
determine whether the fee could be reduced. He told how the charges on fire hydrant services
had been reduced by transferring the County fee from EMS to the County, and proposed that in
August, staff inform the Municipalities that the inspection and maintenance of fire hydrants and
water systems that they own, would become their responsibility. He also believed the County
should take a stand against other Municipalities using portions of the County as sources for their
revenue funds.
In
July 21, 2009
Human Resources Director James Sexton said he would meet with Local 2201 after the
meeting to discuss their proposals.
Administrator Baird revealed that the County had eliminated the hydrant fees, and that
the City needs to do the same to reduce expenses in the budget.
The Board sought and received details from staff regarding professional service billing
charges, administrative costs, salaries and payroll.
Commissioner Solari reiterated that the fifteen year formula on which the fee is based,
should be re-evaluated, and that this might be a good time to see if there are efficiencies that
could be put in place.
Director Brown clarified that even though the formula was created fifteen to twenty years
ago, the percentage rate is recalculated each year based on the prior year's history, which usually
fluctuates between 10 to 11 percent.
Assistant County Administrator Michael Zito said the Board's direction would make
negotiations more productive.
Commissioner O'Bryan thanked Local 2201 for coming forward, and for trying to save
taxpayer's money; however, he did not agree that the millage rate should be increased at this
time.
Commissioner Wheeler did not believe the fire truck should come out of sales tax, but
rather the District.
Commissioner Solari and Administrator Baird emphasized that the EMS system had been
participating in budget cuts, were trying to get the lowest possible tax for the citizens, and that
they had cut as much as other organizations in the County.
NO BOARD ACTION REQUIRED OR TAKEN
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July 21, 2009
10.C, PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT— NONE
12.B. EMERGENCYSER VICES —NONE
12. C. GENERAL SER VICES - NoNE
12.D. HUMANRESOURCES -NONE
12.E. HUMANSER VICES -NONE
12. F. LEISURE SERVICES -NONE
12.G. OFFICE OFMANAGEMENTAND BUDGET
12. G.1. RESOLUTIONAUTHORIZING $30,000,000 WATER AND SEWER REVENUE
REFUNDING BONDS SERIES 2009
Management and Budget Director Jason Brown recapped his Memorandum dated July
14, 2009, explaining how the Resolution authorizes the refunding of the County's current
outstanding 1993 Utility Water and Sewer Revenue Bonds that were issued in 1993. He revealed
20
July 21, 2009
how the Resolution contains certain parameters that include a net present value savings of five
percent interest, which generates a savings of about $125,000 in annual debt service, for the life
of the Bonds for the Utility Department.
Commissioner Solari voiced his appreciation and congratulations to Director Brown,
staff, and the Utility Department for their efforts in obtaining an AA+ rating from Fitch Ratings,
for the County's $28.7 million Water and Sewer Revenue Bonds, Series 2009; and then read a
short paragraph from the report. He compared the rate structure of the City of Vero Beach with
that of Indian River County, and reported that the City of Vero Beach hired a consultant who
suggested that over the next five years, water system rates be raised by 31.6% and wastewater
system rates by 53%. Commissioner Solari applauded the work of the Utility Department, how
they anticipated future needs, and how they represented the citizens of the County.
ON MOTION by Commissioner Solari, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2009-118, amending and supplementing
Resolution No. 93-80, providing for the issuance of not
exceeding $30,000,000 Water and Sewer Revenue
Refunding Bonds, Series 2009, to be applied to pay the
costs of defeasing a portion of the County's Water and
Sewer Revenue Bonds, Series 1993A; providing for the
payment of the bonds from the net revenues of the
County's water and sewer system and certain other
moneys pledged therefor; providing for the rights of the
holders of such bonds; making certain other covenants and
agreements in connection therewith; authorizing the
negotiated sale of not to exceed $30,000,000 Indian River
County, Florida, Water and Sewer Revenue Refunding
Bonds, Series 2009 to RBC Capital Markets, subject to the
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July 21, 2009
terms and conditions of a bond purchase contract;
approving the form of such purchase contract relating to
the negotiated sale; delegating the authority to execute and
deliver the bond purchase contract to certain officers;
authorizing the distribution and execution of a preliminary
official statement and an official statement in connection
with the delivery of the Series 2009 bonds; canceling the
remaining authorized but unissued bonds; authorizing and
approving the form of escrow deposit agreement;
appointing an escrow holder, registrar and paying agent;
authorizing the purchase of Municipal Bond Insurance;
authorizing the funding of a Debt Service Reserve Fund;
authorizing a continuing disclosure undertaking; providing
certain other matters in connection therewith; and
providing an effective date.
12.IL RECREATION -NONE
12.L PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES
12. J. L CONSULTING ENGINEERING SERVICES WORK ORDER No.]] WITH
SCHULKE, BITTLE & STODDARD, L.L. C. FOR A MASTER PLAN 16" WATER
MAIN LOOP EXTENSION ON 16TH STREET FROM 58TH A VENUE TO 74TH
AVENUE AND THE INSTALLATION OFA 16" TEE AND VALVE ON 16TH
STREET
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July 21, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously:
(1) approved Work Order No. 11 with Schulke, Bittle and
Stoddard, LLC in the amount of $21,750 for construction
management and inspection services associated with the
16th Street Master Plan Water Main Loop Project;
(2) approved the installation of a 16" tie-in tap for
$11,650; (3) approved $206,700 for construction of the
water main to the Kings Highway Tank; and
(4) authorized the Chairman to execute same, as
recommended in the memorandum of July 13, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. REQUEST PERMISSION TO ADVERTISE FOR PUBLIC HEARING ONAUGUST
18, 2009, TO AMEND PERMISSIONS TO ORDINANCE CODE CHAPTER 201
WATER AND SEWER
Commissioner O'Bryan announced that this Public Hearing would allow for the review
of commercial deposits, which are currently held indefinitely by the Utilities Department, and to
make the necessary changes that would allow them to be treated like residential deposits.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved the Public Hearing date of August 18, 2009 for
the proposed amendments to Code Chapter 201 Water and
Sewer, and authorized staff to advertise for the Public
Hearing to be held on August 18, 2009, as recommended
in the memorandum of July 13, 2009.
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July 21, 2009
12.13. USI AT 73RD STREET 16" WATER MAINAERIAL CROSSING OF FDOT
DITCHREPLACEMENT WITH DIRECTIONAL DRILL WATER MAIN,
APPROVAL OF WORKAUTHORIZATIONDIRECTIVE NO. 2009-002 BY
SHEL TRA & SONS Comm UCTIONCo., INC., UCP NO. 4032
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the Project at a total estimated cost of
$32,634.66, and authorized the Chairman to execute Work
Authorization Directive No. 2009-002 to the Utilities
Department Labor Contractor, Sheltra & Sons
Construction Co., for $20,094.66, as recommended in the
memorandum of July 8, 2009.
WORK AUTHORIZATION DIRECTIVE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.14. WORK ORDER NO. 11 WITH CDM FOR A REUSE RATE STUDY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved Work Order No. 11 with Camp Dresser &
McKee, Inc. (CDM) and the associated fee of $39,100.00,
as recommended in the memorandum of June 30, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.15. WORK ORDER NO. 14 WITH CDM - ENGINEERING CONSTRUCTION
SERVICES DURING REIMBURSEMENT OF WELL NO.5 AND WORK
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July 21, 2009
DIRECTIVE WITHAMPS TO REFURBISH WELL NO. S AT THE SOUTH
CovNTYR.0. FACILITY
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
Work Order No. 14 with Camp Dresser & McKee, Inc.
(CDM); (2) approved design fees in the amount not -to -
exceed $14,950.00; (3) authorized AMPS, Inc., to
construct the improvements to Well No. 5 at an amount
not -to -exceed $89,288.90; and (4) authorized the
Chairman to execute same, as recommended in the
memorandum of July 14, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12J6. 6. SR 60 UTILITY CONFLICT RESOL UTIONS WITH FDOT DRAINAGE
PAVEMENT AND TRAFFIC SIGNAL IMPROVEMENTS FROM 8300 SR 60 TO
INDIAN CREEK BLVD.. FINAL PAY TO SPS CONTRACTING. INC. AND
REIMBURSEMENT TO RANGER CONSTRUCTIONINDUSTRIES, INC. FOR
DELAY CHARGES, UCP #3026
Utilities Director Erik Olson disclosed the details of the construction delays for the SR60
road and drainage improvements. He made it clear that any delay in costs for this project would
be absorbed by the Contractor, not the County.
Chairman Davis wanted to know if there was merit in bidding projects together, as a
combined project. Director Olson felt that sometimes it was, depended on the project.
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July 21, 2009
ON MOTION by Vice Chairman Flescher, SECONDED
by Commissioner O'Bryan, the Board unanimously
approved: (1) the total project construction amount of
$1,410,414.84; (2) the amount due for Application for
Payment No. 6 before delay charges deduction as
$76,353.89; (3) hold $29,559.88 for delay charges from
Application for Payment No. 6; (4) payment of $46,794.01
to SPS Contracting, Inc. for Application for Payment No.
6; and (5) payment of $29,559.88 to Ranger Construction
Industries, Inc., as recommended in the memorandum of
June 4, 2009.
13. COUNTY ATTORNEY MATTERS
13.A. DIVOSTA HOMES L.P. AND DIVom Hows HOLDINGS, L.L. C vs.
INDIANRIVER COUNTY, CASE NO.20070109CA19 - SETTLEMENT
PROPOSAL
County Attorney William Collins recapped his memorandum of July 15, 2009, providing
an update on the proposed terms of settlement of the lawsuit with DiVosta Homes, Inc., as a
result of a number of meetings and Attorney Client Sessions, relating to a Development of
Regional Impact, known as Waterway Village. Changes to the Development Order and
Developer's Agreement were presented requiring two Public Hearings — one before the Planning
Commission and one before the County Commission. He said the determination must be made
at the hearings as to whether the changes constitute a substantial deviation (which would require
further development of regional impact review at the regional and state levels), or whether they
are a minor deviation (that can be approved at the local level with notice to the region and the
state). He said that after reviewing the Statutes, it was his opinion that this would be a minor
amendment, not a substantial deviation. He recommended the Board approve the findings and
26
July 21, 2009
the proposed settlement, and direct his office to work with outside Counsel to implement the
settlement.
There was a brief discussion regarding the trips from the 1,596 units in Waterway
Village; when they would be reserved and loaded into the road system for concurrency; and how
4-laning the segment of road would resolve the capacity issue.
Commissioner Solari supported Attorney Collins' comments, and believed the biggest
issue was whether this should be viewed as a transportation issue or an economic development
issue; he felt economic development was more prominent.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner O'Bryan, under
discussion, to approve the findings and proposed
settlement as outlined by Attorney Collins.
Discussion ensued as staff explained the increase in peak hour trips, capacity,
concurrency, how this would impact segments of US 1, the seven year vesting, and Senate Bill
360.
Bruce Barkett, Esquire, 756 Beachland Boulevard, clarified that WCI Communities, Inc.
(WCI) had nothing to do with seven-year vesting. They had received five years, plus two
additional years due to a currency certificate that expired under Senate Bill 360.
Juan Farach, Shubin and Bass, P.A., maintained that this was not vested through the
DRI and depending on the policy directive of the Commission and the business terms of the
proposed settlement, they can either implement the settlement or proceed and defend the County
in the litigation because it is a defensible position.
Chairman Davis opened the floor to the public.
27
July 21, 2009
Rene Renzi, Waverly Place, wanted to know if the railroad crossing at 53rd Street would
be a problem because she understood that if there would be a new crossing, two others on US 1
would need to be closed.
Director Mora informed Ms. Renzi that only the 71St Street crossing would close, as a
swap for the 53rd Street crossing. He said there would be a connection between 69th Street and
71St Street, by using 39th Avenue.
Joe Paladin, 730 Commerce Center Lane, Black Swan Consulting, supported the Board
and DiVosta moving forward, but was concerned about all the trips being loaded at one time. He
wanted to know if they would get credit for the improvements at the same time. Attorney
Collins said impact fee credits were given as the work is completed; and Director Mora
explained how capacity is added once the improvement is designed and ready to begin
construction.
Commissioner O'Bryan voiced concern over loading 1,600 trips, and emphasized that it
would handcuff future Commissions through the year 2024. He believed it was time to move
forward, settle this, get out of the litigation business, and expedite opening 53rd Street.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved the
findings and proposed settlement as outlined below:
THE PROPOSED TERMS OF SETTLEMENT
(1)53 rd Street
(a) Under the DRI Development Order (DO) and accompanying Development Agreement
(DA), DiVosta is required to construct the portion of 53rd Street west of the new bridge, by the
time of the 1000th certificate of occupancy at Waterway Village. Because of the current real
estate market, DiVosta is selling homes in Waterway Village at the pace of approximately 100
per year. Based upon this pace, DiVosta would not reach the 1000th unit for approximately 7-8
more years. However, as a part of the settlement, DiVosta proposes to advance the construction
July 21, 2009
of that portion of 53rd Street to coordinate with the County's construction of the canal bridge and
the portions of 53rd east of the bridge. Based upon bids that DiVosta has received, the cost of
this construction will be approximately $2.2 to $2.5 million.
(b) Fill for 53rd Street — DiVosta will furnish to the County fill (not to exceed 100,000 cubic
yards of fill) for use by the County in the construction of 53rd Street east of the lateral H Canal.
The fill will be at no cost to the County, but the County will be responsible for the transportation.
At the current price of fill of $2.50 per yard, this is a savings to the County of $250,000.
(c) Drainage — The Waterway Village DO contemplates that the drainage of 53rd Street would
be accommodated in the drainage system for Waterway Village. The construction of 53rd Street
is described in paragraph La. above, and will require that DiVosta dig an approximate 3 -acre
lake to receive the drainage from 53rd Street. DiVosta will also install the required piping from
the roadway to the lake and furnish required easements to the County. The cost of this work is
estimated by DiVosta to be approximately $200,000 without taking into account the land value
of the three acres.
(2) 58th Avenue
(a) DiVosta will, at its own cost and expense, construct 58th Avenue as a 4 -lane roadway
between 49th Street and 53rd Street.
(b) Said construction will be accomplished when the traffic model of the County determines
that the construction is needed because of traffic volumes, the County and DiVosta to agree upon
the methodology of any such model. However, in any event and irrespective of modeling, the
construction will commence no later than January 1, 2015.
(c) DiVosta will receive 100% traffic impact fee credits for all design, engineering and
construction costs for these 58th Avenue improvements, in addition to impact fee credits
available for other offsite improvements as provided under the DA.
(3) DiVosta will prepay all impact fees for 1,596 units in Waterway Village by December 31,
2015 (except for those for which it has received impact fee credits) unless those impact fees are
paid earlier at the time of issuance of building permit.
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July 21, 2009
(4) The DO and Development Agreement will be amended to confirm that all 1,596 units for
Waterway Village will be vested for traffic concurrency consistent with and for the periods set
out in paragraph 5 below, provided DiVosta complies with its obligations in paragraphs 1-3
above and all other obligations under the DO and DA. If DiVosta does not comply with its
obligation following written notice of such non-compliance and a 60 -day opportunity to cure,
then the vesting for traffic concurrency will terminate.
(5) Permits for units of Waterway Village will be issued in staged increments as follows:
(a) 711 of the 732 units in Phases I and II have already been vested (as it related to traffic
concurrency only). Provided DiVosta complies with its obligations as described in paragraph 4
above, said units shall be vested for traffic concurrency through 2016.
(b) In 2012, 150 additional units shall be available to pull building permits by 2019.
Provided DiVosta complies with its obligations as set forth in paragraphs 1-4 above, said units
shall be vested for traffic concurrency through 2019.
(c) In 2013, 150 additional units shall be available to pull building permits. Provided
DiVosta complies with its obligations as set forth in paragraphs 1-4 above, said units shall be
vested for traffic currency through 2020.
(d) In 2014, 150 additional units shall be available to pull building permits. Provided
DiVosta complies with its obligations as set forth in paragraphs 1-4 above, said units shall be
vested for traffic concurrency through 2021.
(e) In 2015, 150 additional units shall be available to pull building permits. Provided
DiVosta complies with its obligations as set forth in paragraphs 1-4 above, said units shall be
vested for traffic concurrency through 2022.
(f) In 2016, 150 additional units shall be available to pull building permits. Provided
DiVosta complies with its obligations as set forth in paragraphs 1-4 above, said units shall be
vested for traffic concurrency through 2023.
(g) In 2017, 114 additional units shall be available to pull building permits. Provided
DiVosta complies with its obligations as set forth in paragraphs 1-4 above, said units shall be
vested for traffic concurrency through 2024.
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July 21, 2009
The above proposed settlement structure is designed to furnish the County with certainty as to
the earliest date in which DiVosta will be entitled to draw down the 1,596 units, as to provide a
deadline by which time DiVosta must pay to the County all impact fees. Additionally, DiVosta
is agreeing to construction of 53rd Street substantially in advance of its present deadline under the
DA at a time when, because of the economic hard times, funds are not easily available to do so.
Finally, the County will receive a substantial benefit with the 4-laning of 58th Avenue, relieving
the County of that responsibility and outlay of funds.
(6) Indian River County will load all trips from the 1,596 units in Waterway Village onto its
road system for concurrency modeling. They shall remain reserved for the DRI until the
timeframes to pull building permits set out in paragraph 5 above have expired.
(7) DiVosta will submit and County will process request to amend the DO and DA as they relate
to intersection improvements at Kings Highway (58th Avenue) and 49th Street and 45th Street.
Currently those intersection improvements are to be completed prior to the issuance of more than
337 building permits. These conditions shall be modified to tie the improvements to 49th Street
to the mobilization for 4-laning of Kings Highway between 49th Street and 53rd Street. 45th
Street intersection improvements shall commence when County acquires all necessary right of
way to accommodate the designed intersection improvements and provides notice to proceed to
DiVosta.
(8) Amend DO to incorporate the concurrency vesting provisions of this settlement agreement.
IMPLEMENTATION
Upon approval of this proposed settlement by the parties, the following steps will be
taken to implement the settlement:
(1) Counsel will file a joint motion for stay of case pending finalization and approval of
settlement.
(2) DiVosta shall apply for, and County shall process, application to modify DO condition 20
with respect to timing of 45th Street and 49th Street intersection improvements on Kings Highway
(58th Avenue) and to add the vesting provision of this Settlement Agreement to the DO.
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July 21, 2009
(3) Upon finalization of 1 and 2 above, the parties will file a joint stipulation for dismissal of all
litigation, including Bert Harris claims, with prejudice, with each party bearing its own attorney
fees and costs.
FINDINGS
(1) A genuine dispute as to traffic concurrency vesting requirements exists;
(2) Indian River County Code Sections 910.07(1)(e) and 910.08(2)(b) allows 7 -year vesting if
major capacity producing transportation improvements are committed to by developers
agreement;
(3) DiVosta will commit to advance DO timeframes for construction of 53rd Street and 58th
Avenue 4-laning by virtue of this agreement;
(4) DCA Declaratory Statement, Case No. 91 -DS -8 advises if DO addresses vesting it is
controlling; and
(5) These settlement terms are consistent with existing state and local law, all as recommended
in the memorandum of July 15, 2009.
Chairman Davis, upon noticing the Boy Scouts from Troop 578 in the audience, asked
Scout Master Ben Pillow to introduce himself and his troop, as they were working to earn their
Citizenship and Community Merit Badge by attending a local government meeting.
The Chairman called a break at 10:57 a. m., and reconvened the meeting at 11:10 a.m.,
with all members present.
32
July 21, 2009
14. COMMISSIONER ITEMS
M.A. COMMISSIONER WESLEYS. DAVIS, CHAIRMAN
14.A.1. CONSIDERATION OF SUBMITTED APPLICATIONS FOR THE BOARD OF
COUNTY COMMISSIONER'S APPOINTEE ON THE TOURIST DEVELOPMENT
COUNCIL (TDC)
Chairman Davis acknowledged that all three candidates were qualified, and asked the
Commissioners for their nominations.
MOTION WAS MADE by Commissioner O'Bryan to
nominate Renee L. Page as the Appointee to the Tourist
Development Council (TDC). There was no SECOND.
MOTION failed for lack of a SECOND.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board by a 3-2 vote
(Commissioners O'Bryan and Davis opposed), approved
the nomination of Daniel Fourmont as the Appointee on
the Tourist Development Council (TDC).
Charlie Wilson, 1057 6th Avenue, felt that even though he was one of the three
candidates for this position, the other participants were highly qualified, excellent choices, and
he would support either one.
14.B. COMMISSIONER JOSEPHE. FLESCHER, VICE CHAIRMAN -
NONE
14. C. COMMISSIONER GAR Y C. WHEELER - NONE
33
July 21, 2009
14.D. COMMISSIONER PETER D. O'BRYAN - NONE
H.E. COMMISSIONER BOB SOLARI -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSER VICES DISTRICT
The Chairman announced that immediately upon adjournment, the Board of County
Commission meeting, the Board would reconvene as the Board of Commissioners of the
Emergency Services District. Those Minutes are prepared separately.
15.A.1. APPROVAL OFMINUTES MEETING OF MAY 12, 2009
15.A.2. APPROVAL OFMINUTES MEETING OF.TUNE 2, 2009
15.A.3. APPROVAL TO PURCHASE(]) INTERNATIONAL TYPEIMEDIUMDUTY
AMBULANCE FRomETC
15.B. SOLID WASTE DISPOSAL DISTRICT- NONE
15.0 ENVIRONMENTAL CONTROL BOARD -NONE
34
July 21, 2009
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 11:13
a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: SEP 0 8 2009
BCC/LAA/2009Minutes
35
July 21, 2009
Wesley S. Davis, Chairman