HomeMy WebLinkAbout10/05/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 5, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS -NONE 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS
NATIONAL ARTS AND HUMANITIES MONTH 2
5.B. PRESENTATION ON THE TAX EXEMPTION REFERENDUM BY MRS. PENNY
CHANDLER, INDIAN RIVER CHAMBER OF COMMERCE 2
5.C. PRESENTATION BY MR. CHRIS RUSSELL, OCULINA BANK 3
6. APPROVAL OF MINUTES 3
6.A. REGULAR MEETING OF JULY 20, 2010 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 3
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October 5, 2010
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 10, 2010 TO SEPTEMBER
16, 2010 4
8.B. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 16, 2010 TO SEPTEMBER
23, 2010 4
8.C. APPOINTMENT OF BCC APPOINTEE TO THE METROPOLITAN PLANNING
ORGANIZATION CITIZENS ADVISORY COMMITTEE 5
8.D. ABC LIQUOR STORE PARTIAL RELEASE OF UTILITY AND LANDSCAPE
EASEMENTS 5
8.E. ENGAGEMENT LETTERS WITH BANKRUPTCY FIRMS 6
8.F. LOST LAKE SUBDIVISION SIDEWALK EXTENSION REQUEST SUCCESSOR
DEVELOPER: HIERS PROPERTIES, L.L.C. 6
8.G. AUTHORIZATION TO ATTEND FGFOA 2010 SCHOOL OF GOVERNMENT FINANCE 7
8.H. RELEASE OF RETAINAGE FOR EDLUND, DRITENBAS, BINKLEY ARCHITECTS AND
ASSOCIATES, P.A. AGREEMENT, INDIAN RIVER COUNTY PARKS MAINTENANCE
COMPLEX - IRC PROJECT NO. 0701 7
8.I. RELEASE OF RETAINAGE FOR WORK ORDER NO. 1 WITH CARTER ASSOCIATES,
INC. PROFESSIONAL CIVIL ENGINEERING SERVICES AGREEMENT, INDIAN RIVER
COUNTY PARKS MAINTENANCE COMPLEX - IRC PROJECT NO. 0701 8
8.J. APPROVAL OF BID AWARD FOR IRC BID No. 2011017 ANNUAL BID FOR
ASPHALT PAVING AND RESURFACING 8
8.K. AMENDMENT No. 12 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT No. 9810, 66TH AVENUE PAVING
IMPROVEMENTS (4TH STREET TO SR 60) 9
8.L. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE A RENEWAL AGREEMENT
WITH SYMETRA FINANCIAL FOR THE COUNTY'S EXCESS LOSS/REINSURANCE
POLICY 9
8.M. SELECTION OF PROFESSIONAL LAND SURVEYING AND MAPPING/GIS FIRMS TO
PROVIDE SERVICES ON AN ANNUAL SERVICES CONTRACT, REQUEST FOR
QUALIFICATIONS (R.F.Q.) #2011009, IRC PROJECT No. 1032 10
8.N. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66TH AVENUE FROM SOUTH OF SR60 TO
NORTH OF 57TH STREET, AMENDMENT NO. 8 10
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October 5, 2010
8.0. AWARD OF BID # 2010028 F.D.O.T. LOCAL AGENCY PROGRAM (LAP)
AGREEMENT - FPN No. 420339-1-58-01, 8TH STREET SIDEWALK
IMPROVEMENTS FROM U.S.1 TO 6TH AVENUE, IRC PROJECT No. 0744 11
8.P. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT
CONTRACT NUMBER 11 -BG -05-10-40-01 11
8.Q. APPROVAL OF 2010/2011 STATE FUNDED SUBGRANT AGREEMENT TO UPDATE
INDIAN RIVER COUNTY'S HAZARDS ANALYSIS 12
8.R. RENEWAL OF AGREEMENT WITH INDIAN RIVER COUNTY FAIR ASSOCIATION
FOR USE OF COUNTY FAIRGROUNDS 12
8.S. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE NORTH PROJECT PHASE I (SR60
TO 41ST STREET), PROJECT PARCEL #300, PARCEL I.D. #33-39-29-00001-0170-
00001.0 OWNER: H & C HOOSHMAND LIMITED PARTNERSHIP 13
8.T. WAIVER OF ALLOCATION FOR RECOVERY ZONE BONDS 13
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 14
9.A. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS: 14
FEDERAL ELECTION ACTIVITES FUNDS 14
10. PUBLIC ITEMS 15
10.A. PUBLIC HEARINGS 15
10.A.1. CONSIDERATION OF PROPOSED AMENDMENT TO CN DISTRICT (NEIGHBORHOOD
COMMERCIAL) REGULATIONS (CHAPTER 911 OF THE INDIAN RIVER COUNTY
LAND DEVELOPMENT REGULATIONS)(LEGISLATIVE) 15
10.A.2. BUILDEX, INC.'S APPEAL OF THE PLANNING AND ZONING COMMISSION'S
DENIAL OF BUILDEX INC'S REQUEST TO REZONE ±2.17 ACRES FROM PRO TO
CN (QUASI-JUDICIAL) 16
10.A.3. ORDINANCE AMENDMENT TO PROVIDE FOR REPEAL AND SUNSETTING OF
SECTION 105.041.1, LOCAL PREFERENCE IN PURCHASING OR CONTRACTING
(LEGISLATIVE) 22
10.B. PUBLIC DISCUSSION ITEMS -NONE 23
10.C. PUBLIC NOTICE ITEMS 24
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 12, 2010: 24
10.C.1.A. CORRIGAN ET AL'S REQUEST: TO AMEND THE COMPREHENSIVE PLAN TO
EXPAND THE COUNTY'S URBAN SERVICE AREA (USA) AND TO REDESIGNATE ±
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October 5, 2010
674.17 ACRES LOCATED GENERALLY WEST OF 102ND AVENUE AND NORTH OF
S.R. 60 FROM AG -2, AGRICULTURAL -2 (UP TO 1 UNIT/10 ACRES), TO CII,
COMMERCIAL/ INDUSTRIAL (LEGISLATIVE) 24
10.C.1.B. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 12, 2010: CORRIGAN ET
AL'S REQUEST: TO AMEND THE COMPREHENSIVE PLAN'S FUTURE LAND USE
ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR EXPANSION OF
COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCH/TECHNOLOGY/INDUSTRIAL PARKS AND TO INCREASE THE SIZE AND
USE ALLOWANCES OF THE COMMERCIAL/INDUSTRIAL DESIGNATED PROPERTY
LOCATED AT THE NORTHWEST CORNER OF SR 60 AND 98TH AVENUE
(LEGISLATIVE) 24
10.C.1.C. CONSIDERATION OF EAR (EVALUATION AND APPRAISAL REPORT) BASED
AMENDMENTS TO THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 24
11. COUNTY ADMINISTRATOR MATTERS -NONE 24
12. DEPARTMENTAL MATTERS 24
12.A. COMMUNITY DEVELOPMENT -NONE 25
12.B. EMERGENCY SERVICES -NONE 25
12.C. GENERAL SERVICES -NONE 25
12.D. HUMAN RESOURCES 25
12.D.1. TEAMSTER'S LOCAL 769 - MEMORANDUM OF AGREEMENT 25
12.E. HUMAN SERVICES -NONE 26
12.F. LEISURE SERVICES -NONE 26
12.G. OFFICE OF MANAGEMENT AND BUDGET 26
12.G.1. INDIAN RIVER COUNTY GOVERNMENT TELEVISION CHANNEL 27 POLICIES AND
GUIDELINES 26
12.11. RECREATION -NONE 27
12.I. PUBLIC WORKS -NONE 27
12.J. UTILITIES SERVICES 27
12.J.1. CHANGE ORDER NO. 1 TO IRC BID NO. 2010024 TO TIM (TIMOTHY) ROSE
CONTRACTING, INC. FOR FAIRGROUNDS RV PARK IMPROVEMENTS 27
12.J.2. REQUEST FOR SOLE SOURCE FOR REPAIRS FOR ABS, FLYGT AURORA,
LAYNE/VERI-LINE PUMPS 28
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October 5, 2010
12.J.3. WATER AND WASTEWATER SERVICE TO THE TOWN OF INDIAN RIVER SHORES 29
13. COUNTY ATTORNEY MATTERS 30
13.A. MONROE COUNTY V. PRICELINE, ET AL., CLASS ACTION 30
13.B. SOUTH BARRIER ISLAND WATER/SEWER SYSTEM 31
14. COMMISSIONER ITEMS 32
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 32
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 32
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 32
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 32
14.E. COMMISSIONER GARY C. WHEELER -NONE 32
15. SPECIAL DISTRICTS AND BOARDS 32
15.A. EMERGENCY SERVICES DISTRICT 32
15.A.1. APPROVAL OF LEASE AMENDMENT FOR FIRE STATION #2 BOAT DOCK 32
15.B. SOLID WASTE DISPOSAL DISTRICT 32
15.B.1. CANCEL 2010 PETITION HEARING SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES 33
15.B.2. REQUEST FOR GENERAL FUNDS — PACE PROJECT AND OTHER COMMUNITY
PROJECTS 33
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 33
16. ADJOURNMENT 34
5
October 5, 2010
JEFFREY K. BARTON
Clerk to the Board
October 5, 2010
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, October 5, 2010. Present were Chairman Peter D. O'Bryan, Vice Chairman Bob
Solari, and Commissioners Wesley S. Davis, Joseph E. Flescher, and Gary C. Wheeler. Also
present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,
and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Tom Harris, First Presbyterian Church, delivered the Invocation.
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October 5, 2010
3. PLEDGE OF ALLEGIANCE
Vice Chairman led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS -NONE
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH
Vice Chairman Bob Solari read and presented the Proclamation to the following members
of the Cultural Council of Indian River County: Susan Grandpierre, Chairman; Barbara
Hoffman, Vice Chairman; and Mary Jayne Kelley, Executive Director.
S.B. PRESENTATION ON THE TAX EXEMPTION REFERENDUM BY MRS. PENNY
CHANDLER, INDIAN RIVER CHAMBER OF COMMERCE
Penny Chandler, Indian River Chamber of Commerce, provided a PowerPoint
Presentation (on file) explaining the upcoming Tax Exemption Referendum which will appear on
the November 2010 General Election ballot. She provided details on the tax incentive program
and ballot question, and emphasized that the program, if passed, would underscore the business -
friendly climate in Indian River County. Ms. Chandler clarified that the tax exemption program
applies only to County taxes.
A brief discussion ensued regarding the best ways to disseminate the information
provided by Ms. Chandler.
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October 5, 2010
5.C. PRESENTATION BY MR. CHRIS RUSSELL, OCULINA BANK
Chris Russell, Oculina Bank, discussed Oculina Bank's plans for expansion and creation
of a new Operations Center in the heart of the Enterprise Zone. He told Commissioners how
well the Tax Abatement program would dovetail with the bank's plans.
Chairman O'Bryan related how the business -friendly climate had been an important
component in Oculina's selection of a site in Indian River County.
Mr. Russell affirmed that based on the County's welcome, Oculina had opted to expand
in the County.
Commissioner Davis provided a brief history of the Enterprise Zone.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF JULY 20, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of July 20, 2010. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Vice Chairman Solari, the Board unanimously
approved the Minutes of the Regular Meeting of July 20,
2010, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
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October 5, 2010
8. CONSENT AGENDA
Commissioner Davis requested Item 8.R. be pulled for discussion.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 10, 2010 TO
SEPTEMBER 16, 2010
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of September 10, 2010 to
September 16, 2010, as recommended in the memorandum
of September 16, 2010.
8.B. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 16, 2010 TO
SEPTEMBER 23, 2010
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of September 16, 2010 to
September 23, 2010, as requested in the memorandum of
September 23, 2010.
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October 5, 2010
8.C. APPOINTMENT OF BCC APPOINTEE TO THE METROPOLITAN PLANNING
ORGANIZATION CITIZENS ADVISORY COMMITTEE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the appointment of Kathleen "Cookie" Geyer to the Board
of County Commissioner Appointee position on the
Metropolitan Planning Organization Citizens Advisory
Committee. The position was advertised and has been
vacant since the resignation of Roger Sherwood on May
12, 2009, all as stated and requested in the memorandum
of September 28, 2010.
8.D. ABC LIQUOR STORE PARTIAL RELEASE OF UTILITY AND LANDSCAPE
EASEMENTS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the revised Partial Release of Utility Easement and Partial
Release of Landscape Easement with ABC Properties,
Ltd., and authorized the Chairman to execute same for
recordation in the public records of Indian River County,
Florida, as recommended in the memorandum of
September 27, 2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 5, 2010
8.E. ENGAGEMENT LETTERS WITH BANKRUPTCY FIRMS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute the engagement
letters with: (1) the Bush Ross law firm in Tampa, Florida
to assist in the CRF — Panther IX, LLC bankruptcy filing;
and (2) the Greenspoon Marder law firm to assist with
general bankruptcy issues, as recommended in the
memorandum of September 28, 2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.F. LOST LAKE SUBDIVISION SIDEWALK EXTENSION REQUEST SUCCESSOR
DEVELOPER: HIERS PROPERTIES, L.L. C.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the sidewalk extension at Lost Lake Subdivision, for an
additional two years, to July 11, 2012, and authorized the
Chairman to execute the Modification to Substitute
Contract for Construction of Required Sidewalk
Improvements with Hiers Properties, LLC, as
recommended in the memorandum of September 28, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 5, 2010
8.G. AUTHORIZATION TO ATTEND FGFOA 2010 SCHOOL OF GOVERNMENT
FINANCE
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
authorized the County Administrator to attend the
Intermediate/Advanced portion of the 2010 FGFOA
(Florida Government Finance Officers Association)
School of Governmental Finance in St. Augustine,
Florida, from November 8, 2010 to November 12, 2010, as
requested in the memorandum of September 24, 2010.
8.H. RELEASE OF RETAINAGE FOR EDL UND, DRITENBAS, BINKLEY
ARCHITECTS AND ASSOCIATES, P.A. AGREEMENT, INDIAN RIVER COUNTY
PARKS MAINTENANCE COMPLEX— IRC PROJECT NO. 0701
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of Edlund, Dritenbas, Binkley Architects and
Associates, P.A. Invoice No. 5128, dated August 16, 2010
in the amount of $1,265.83, as recommended in the
memorandum of September 15, 2010.
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October 5, 2010
8.1. RELEASE OF RETAINAGE FOR WORK ORDER No. 1 WITH CARTER
ASSOCIATES, INC. PROFESSIONAL CIVIL ENGINEERINGSERVICES
AGREEMENT, INDIAN RIVER COUNTY PARKS MAINTENANCE COMPLEX -
IRC PROJECT No. 0701
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of Carter Associates, Inc. Application for
Payment No. 33 in the amount of $3,074.74 for release of
retainage, as recommended in the memorandum of
September 15, 2010.
8.J. APPROVAL OF BID AWARD FOR IRC BID No. 2011017 ANNUAL BID FOR
ASPHALT PAVING AND RESURFACING
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved to award Bid Items 1 through 14 to Community
Asphalt Corporation as the lowest most responsive and
responsible bidder on these items; (2) approved Bid Item
15 as a dual award to Community Asphalt Corporation
and Dickerson Florida, Inc. as the lowest and most
responsive bidders on this item; (3) authorized the
Purchasing Division to issue blanket purchase orders for
the period of October 1, 2010 through September 30, 2011
with the recommended bidders; and (4) authorized the
Purchasing Manager to renew this bid for two (2)
additional one (1) year periods subject to satisfactory
performance, vendor acceptance, and the determination
8
October 5, 2010
that renewal of this annual bid is in the best interest of
Indian River County, all as recommended in the
memorandum of September 21, 2010.
8.K. AMENDMENT No. 12 TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CARTER ASSOCIATES, INC. IRC PROJECT No. 9810, 66THAVENUEPAVING
IMPROVEMENTS (4TH STREET TO SR 60)
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No.
12 for a lump sum of $23,700.00 and a not -to -exceed
amount of $9,830.00 for time and materials tasks for
Carter Associates, Inc. as outlined in the Scope of Services
(Exhibit "A"), as recommended in the memorandum of
September 22, 2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. AUTHORIZE COUNTY ADMINISTRATOR TO EXECUTE A RENEWAL
AGREEMENT WITH SYMETRA FINANCIAL FOR THE COUNTY'S EXCESS
LOSS/REINSURANCE POLICY
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
authorized the County Administrator to execute the
renewal agreement for Alternative Two with Symetra
Financial for the County's Excess Loss/Reinsurance
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October 5, 2010
Policy for FY 2010/2011, as recommended in the
memorandum of September 29, 2010.
8.M. SELECTION OF PROFESSIONAL LAND SURVEYING AND MAPPING/GIS
FIRMS TO PROVIDE SERVICES ONANANNUAL SERVICES CONTRACT,
REQUEST FOR QUALIFICATIONS (R.F.0.) #2011009, IRC PROJECT No.
1032
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the Selection Committee's seven (7)
recommended firms as follows: (a) Carter Associates, Inc.,
Vero Beach, Florida; (b) Creech Engineering, Inc.,
Melbourne, Florida; (c) Culpepper & Terpening, Inc., Ft.
Pierce, Florida; (d) Indian River Survey, Inc., Vero Beach,
Florida; (e) Kimley-Horn & Associates, Inc., Vero Beach,
Florida; (f) Masteller, Moler & Reed, Inc., Vero Beach,
Florida; and (g) Morgan Eklund, Inc., Wabasso, Florida;
and (2) directed staff to negotiate a renewal Continuing
Services Contract with each firm, as recommended in the
memorandum of September 28, 2010.
8.N. CIVIL ENGINEERING AND LAND SURVEYING AGREEMENT FOR BRIDGE
REPLACEMENTS AND WIDENING OF 66THAVENUEFROM SOUTH OF SR60
TO NORTH OF 57TH STREET, AMENDMENT No. 8
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Amendment No. 8
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October 5, 2010
authorizing professional services with Arcadis G & M,
Inc., for a lump sum fee of $36,150.00, as recommended
in the memorandum of September 16, 2010.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.0. AWARD OF BID # 2010028 F.D.O. T. LOCAL AGENCY PROGRAM (LAP)
AGREEMENT- FPNNo. 420339-1-58-01, 8TH STREET SIDEWALK
IMPROVEMENTS FROM U.S.1 TO 6TH AVENUE, IRC PROJECT No. 0744
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the contract award to Melvin Bush Construction, Inc., in
the amount of $31,636.81, with $30,536.81 FHWA
(Federal Highway Administration) participating funds and
$1,100.00 FHWA Non Participating (local funds) as
recommended in the memorandum of September 17, 2010.
8.P. APPROVAL OF STATE AND FEDERALLY FUNDED SUBGRANT AGREEMENT
CONTRACT NUMBER 11 -BG -05-10-40-01
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the FY 2010/2011 EMPA (Emergency Management,
Preparedness and Assistance Trust Fund Base Grant
Agreement) portion of the State Funded Subgrant
Agreement (11 -BG -05-10-40-01) and authorized Director
of Emergency Services John King as the contract manager
for the agreement, as recommended in the memorandum
of September 17, 2010.
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October 5, 2010
AGREEMENT FOR 8.P. ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Q. APPROVAL OF 2010/2011 STATE FUNDED SUBGRANT AGREEMENT TO
UPDATE INDIAN RIVER COUNTY'S HAZARDS ANALYSIS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the 2010/2011 State -Funded Subgrant Agreement with the
State of Florida, Division of Emergency Management, and
accepted the funding provided in the agreement, as
recommended in the memorandum of September 13, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.R. RENEWAL OF AGREEMENT WITH INDIAN RIVER COUNTY FAIR
ASSOCIATION FOR USE OF COUNTY FAIRGROUNDS
Commissioner Davis disclosed that as a Board member of the Indian River County Fair
Association, he would abstain from voting on this item.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, by a 4-0 vote (Commissioner
Davis recused himself), the Board approved and
authorized the Chairman to execute the Agreement with
Indian River County Fair Association, Inc., as
recommended in the memorandum of September 28, 2010.
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October 5, 2010
FORM 8.B. MEMORANDUM OF VOTING CONFLICT ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
8.S. RIGHT-OF-WAY ACQUISITION, 66THAVENUENORTH PROJECT PHASE 1
(SR60 TO 41sT STREET), PROJECT PARCEL #300, PARCEL LD. #33-39-29-
00001-0170-00001.0 OWNER: H & CHOOSHMAND LIMITED
PARTNERSHIP
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the purchase of the needed right-of-way at a
price of $70,000, plus attorney fees of $3,500, plus court
costs of $50, for a total cost of $73,550; and (2) authorized
the Chairman to execute the Purchase and Sale Agreement
with H & C Hooshmand, Limited Partnership, as
recommended in the memorandum of September 1, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.T. WAIVER OF ALLOCATION FOR RECOVERY ZONE BONDS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Waiver of Allocation for Recovery Zone Bonds and
authorized the Chairman to execute the Waiver form, as
recommended in the memorandum of September 29, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 5, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS:
FEDERAL ELECTIONACTIVITES FUNDS
Supervisor of Elections Kay Clem explained that the County is required to provide
matching funds of $2,401.92, or 15%, in order to receive State funding of $16,012.79, to be used
for the sample ballot for the General Election. She thereafter requested that the Chairman
execute the Agreement certifying the County's match.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Wheeler, the Board unanimously
approved and authorized the Chairman to execute the
Memorandum of Agreement with the Department of State,
Division of Elections, and the Certificate Regarding
Matching Funds, as requested in the letter of September
22, 2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
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October 5, 2010
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. CONSIDERATION OF PROPOSED AMENDMENT TO CN DISTRICT
(NEIGHBORHOOD COMMERCIAL) REGULATIONS (CHAPTER 911 OF THE
INDIAN RIVER COUNTY LAND DEVELOPMENT
REGULATIONS) (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(Clerk's Note: Court Reporter Michelle Ting, Vero Beach Court Reporters, was present
on behalf of Attorney Gregg Casalino for the following two hearings).
County Planning Director Stan Boling explained that the next two public hearings, which
have been continued from September 7, 2010, are inter -related; the first (legislative) pertains to
an LDR amendment; the second (quasi-judicial) relates to a re -zoning request. He requested
that the presentation and discussion on both matters be combined, as was done by the Planning
and Zoning Commission (P&Z). He also conveyed that two separate Motions would be needed
if the LDR Amendment and/or Rezoning are approved.
In accordance with Director Boling's declaration that the second hearing was quasi-
judicial in nature, the Deputy Clerk administered the Oath to all persons who wish to speak at the
hearing.
(Clerk's Note: Please see Item 10.A.2. for continuation of this item).
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October 5, 2010
1 O.A. 2. B UILDEX, INC. 'S APPEAL OF THE PLANNING AND ZONING
COMMISSION'S DENIAL OF BUILDEX INC'S REQUEST TO REZONE ±2.17
ACRES FROM PRO To CN (QuAsl JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Director Boling used a PowerPoint (on file) to provide an overview of the request from
George Beuttell, president of Buildex, Inc., to amend the zoning requirements pertaining to the
Neighborhood Commercial (CN) District, to allow reduction of CN node minimum separation
distance criterion. He related that the Planning and Zoning Commission (P&Z) had considered
the LDR amendment request and proposed rezoning, had denied both and subsequently met with
representatives of the neighboring community, Indian River Estates, to discuss the residents'
concerns, and that a final motion made at the P&Z meeting, to approve the LDR amendment,
FAILED by a 3-4 vote. Director Boling thereafter provided background on the CN district
regulations, and summarized staff's analysis, confirming staff's recommendation for Board
approval of the proposed LDR amendment, through adoption of the proposed LDR amendment
Ordinance.
Community Development Director Bob Keating, continuing the PowerPoint presentation,
provided a description and the conditions of Buildex, Inc.'s appeal of the Planning and Zoning
Commission's denial of its request for rezoning ±2.17 acres situated at SR60 and 74th Avenue
from PRO (Professional Office Residential to CN (Neighborhood Commercial). He explained
that the purpose of the rezoning is to develop the site with uses that are allowed under the CN
Zoning district (see page 213 through 217 of the backup for table of uses). He explained that the
CN node must be a contiguous area not exceeding 5 acres in size; thus, the subject rezoning is
for ±2.17 acres, rather than the total 3 acres of ownership. He discussed the separation distance
requirements for CN, and said that the proposed LDR amendment mentioned by Director Boling
would allow staff to reduce the separation distances. Director Boling thereafter elaborated on
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October 5, 2010
and presented staff's recommendation that the Board grant Buildex, Inc.'s appeal and approve
the rezoning request by adopting the proposed Ordinance.
Commissioners sought and received from staff further information regarding the setback
distance and the buffering requirements; the size of the Buildex, Inc. parcel; what specific
automotive -related uses are permitted in the CN District; whether other parcels might be affected
by the proposed LDR change; and whether the rezoning would affect the nearby mobile home
park.
County Attorney Alan Polackwich advised Board members that, pursuant to the Courts,
the decision to amend the LDR's to change the criteria of the CN node minimum separation
distance, must be rationally related to a legitimate purpose, such as health, safety, and public
welfare.
Attorney Bruce Barkett, representing George Beuttell, proffered arguments in support
of the rezoning, stressing that any developer of the property must receive final approval of the
architecture from Adult Communities Total Services, Inc. (ACTS), due to a restrictive covenant
enacted when ACTS sold the property.
John Dean, Architect, presented arguments supporting the proposed rezoning,
emphasizing that it would not be detrimental to the adjacent neighbors.
The Chairman called a break at 10:30 a.m. and reconvened the meeting at 10:42 a.m.,
with all members present, with the exception of County Administrator Joseph Baird, who
rejoined the meeting at 10:54 a.m.
Attorney Gregg Casalino, representing Indian River Estates East Neighborhood
Association, Indian River Estates West Neighborhood Association, and ACTS, provided the
following documents (on file) for inclusion in the official record: (1) Signed petition containing
signatures of over 500 neighbors; and (2) Letters of opposition to the rezoning sent from ACTS
17
October 5, 2010
and Attorney Bernard F. Grail, Jr., respectively, to the Commission. He also requested that the
Board members reveal any ex -parte communications pertaining to the subject property. Attorney
Casalino thereafter provided arguments opposing the rezoning, which he believed would
propagate strip development and occasion health, safety and welfare issues associated with
building up a more intensive use of the property.
The Chairman accepted input from the following individuals who expressed opposition to
the proposed rezoning:
Lyn Marvin, 7745 Indian Oaks Drive, President of Indian River Estates West
Carl Rivasi, 2150 Indian Creek Blvd. East, President of Indian River Estates East
Dr. Harold Hunter, 7430 Willow Wood Lane, Indian River Estates
George Simons, Carter Associates, 1708 21st Street
In response to questions by Commissioner Wheeler, Director Keating spoke to the Sunset
Clause for rezoning and the possible uses for the property adjacent to the subject site, which will
retain its PRO zoning.
Vice Chairman Solari offered further observations pertaining to the split zoning, and
inquired whether this would be an appropriate time to comply with Attorney Casalino's request
and disclose any ex parte communications Commissioners may have had regarding the subject
property.
Chairman O'Bryan invited the Board to make any such declarations, and Attorney
Polackwich requested that the Board additionally disclose any visits to the subject property.
Vice Chairman Solari, Commissioner Wheeler, Chairman O'Bryan, Commissioner
Flescher, and Commissioner Davis, respectively, disclosed the extent and nature of any
communications that had occurred, and whether they had viewed/visited Indian River Estates or
the subject property.
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October 5, 2010
Attorney Barkett wished to establish for the record, whether any of the aforementioned
communications had caused any Board member to reach a decision on this matter, to which each
Board member responded in the negative.
The Chairman opened the Public Hearing.
The following individuals OPPOSED the proposed rezoning:
Carolyn Corum, Dolores Street, Sebastian, Florida
Brian Carman, Indian River Neighborhood Association (IRNA)
Dr. Karl Richard Knoblauch, 2350 Indian Creek Blvd. West
The following individuals SUPPORTED the proposed rezoning:
Cliff Norris, 1408 Club Drive
Chuck Mechling, Developer, 1999 Pointe West
Jim Leffew, 7665 14th Lane, Pointe West Subdivision
Kerry Cook, Mockingbird Drive
Donna Keys, P&Z Commission, District 1 Appointee, questioned whether regulations
could be imposed upon the CN property to ensure that there is some control over such matters as
the hours of business operation.
A lengthy discussion ensued, with input from Commissioners, staff, and Ms. Keys, on
whether the permitting process for CN could be changed to special exception use, which would
allow certain restrictions to be incorporated into the approval of a rezoning.
The Board accepted final discourse from Attorneys Casalino and Barkett.
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October 5, 2010
There being no further speakers, the Chairman closed the Public Hearing.
Commissioner Flescher envisioned that development at the subject site would enhance
the safety and welfare of the neighborhood, as well as compliment the environment.
Commissioner Davis foresaw that it was important to provide the neighborhood
commercial zoning for future needs of the community. He stated that the rezoning was in the
best interests of the entire community.
Vice Chairman Solari agreed with Commissioners Flescher and Davis, and added that he
did not feel the rezoning would become a burden to the neighborhood.
Commissioner Wheeler agreed with his fellow Commissioners that the highest and best
use for the subject property would be commercial.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to adopt the
proposed LDR Amendment Ordinance.
Chairman O'Bryan thanked the public speakers, and affirmed the Board's intention to
weigh input from all parties and act in the best interests of the entire community. He advised the
residents of Indian River Estates that they would likely find the rezoning a benefit, not an
impairment, of their lifestyle.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board adopted
Ordinance 2010-017, concerning amendments to its Land
Development Regulations (LDRS); providing for
amendments to Chapter 911, Zoning, by amending Special
District Requirements Section 911.10(9)(a)(b) pertaining
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October 5, 2010
action:
to CN (Neighborhood Commercial) District requirements;
by providing for repeal of conflicting provisions;
codification; severability; and effective date.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to grant Buildex,
Inc.'s appeal of the Planning & Zoning Commission's
rezoning denial, and to approve the request to rezone the
subject property from PRO, Professional Office District,
to CN, Neighborhood Commercial District.
The Chairman invited further comments. There being none, the Board took the following
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board: (1) granted
Buildex, Inc.'s appeal of the Planning & Zoning
Commission's denial of its request to rezone ± 2.17 acres
from PRO to CN; and (2) adopted Ordinance 2010-018,
amending the Zoning Ordinance and the accompanying
Zoning Map for ± 2.17 acres located at the northwest
quadrant of SR 60 and 74th Avenue, from PRO,
Professional Office District, to CN, Neighborhood
Commercial District; and providing codification;
severability; and effective date.
The Chairman called a break at 12:23 p.m. and reconvened the meeting at 1:15 p.m. with
all members present.
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October 5, 2010
10.A.3. ORDINANCE AMENDMENT TO PROVIDE FOR REPEAL AND SUNSETTING
OF SECTION 105.041.1, LOCAL PREFERENCE IN PURCHASING OR
CONTRACTING (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Deputy County Attorney William DeBraal recalled the Board's action on September 7,
2010, to sunset the local preference policy which was enacted through adoption of Ordinance
2009-010, which created a new section 105.041 for Local Preference in Purchasing or
Contracting. He advised that today's public hearing and subsequent vote would satisfy the
requirements to repeal the Ordinance, if the Board chooses to do so.
Attorney Polackwich reported there were three outstanding bids under the Local
Preference Policy, and asked the Board if they could be processed pursuant to the conditions of
Ordinance 2009-010, which was in effect at the time of the bids.
The Board CONSENSUS was to allow the aforementioned bids to continue under
Ordinance 2009-010.
The Chairman opened the Public Hearing.
Seeing no one, the Chairman closed the public hearing.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to repeal the
Local Preference in Purchasing or Contracting Ordinance.
Commissioner Flescher was opposed to the repeal of the local preference ordinance,
believing that the County has not provided ample opportunity for the policy to work. He felt that
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October 5, 2010
it would be unfair to adopt the proposed Ordinance and remove this tool which might enhance
the opportunity for jobs and economic recovery in the community
Discussion continued as Vice Chairman Solari and Commissioner Flescher engaged in
debate supporting their individual viewpoint.
Commissioner Wheeler spoke to the benefits of competition, capitalism, and free
enterprise.
Further discussion ensued.
Commissioner Davis concurred with Commissioner Flescher that the local preference
policy should not be sunsetted. He referenced the upcoming transportation building, and
observed that the parks building at Hobart Road had been constructed by a Sarasota firm.
Administrator Baird pointed out that the new transportation facility would probably
follow federal rules because of partial federal funding.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Flescher and Davis opposed) the
Board adopted Ordinance 2010-019, repealing Code
Section 105.041.1, Local Preference in Purchasing or
Contracting; providing for conflicts; providing for
severability; and providing for effective date.
10. B. PUBLIC DISCUSSION ITEMS -NONE
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October 5, 2010
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 1272010:
10.C.1.A. CORRIGANET AL'S REQUEST: TO AMEND THE COMPREHENSIVE PLAN
TO EXPAND THE COUNTY'S URBAN SERVICE AREA (USA) AND TO
REDESIGNATE ± 674.17 ACRES LOCATED GENERALLY WEST OF 102ND
AVENUE AND NORTH OF S.R. 60 FROMAG-2, AGRICULTURAL -2 (UP TO 1
UNIT/10 ACRES), TO C/I, COMMERCIAL/ INDUSTRIAL (LEGISLATIVE)
10. C.1.B. NOTICE OF SCHEDULED PUBLIC HEARINGS OCTOBER 12, 2010:
CORRIGAN ET AL'S REQUEST: TO AMEND THE COMPREHENSIVE PLAN'S
FUTURE LAND USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR
EXPANSION OF COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCH/TECHNOLOGY/INDUSTRIAL PARKS AND TO INCREASE THE SIZE
AND USE ALLOWANCES OF THE COMMERCIAL/INDUSTRIAL DESIGNATED
PROPERTY LOCATED AT THE NORTHWEST CORNER OF SR 60 AND 98TH
AVENUE (LEGISLATIVE)
10. C 1. C CONSIDERATION OF EAR (EVAL UATIONAND APPRAISAL REPORT)
BASED AMENDMENTS TO THE COUNTY'S COMPREHENSIVE PLAN
(LEGISLATIVE)
County Attorney Alan Polackwich, Sr. read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
October 5, 2010
24
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES NONE
12.D. HUMAN RESOURCES
12.D.1. TEAMSTER'S LOCAL 769 - MEMORANDUM OF AGREEMENT
Director of Human Resources James Sexton reported that the International Brotherhood
of Teamsters, Local 769, "the Union", and the County have reached an agreement whereby
Union members will forgo their increases for Fiscal Year 2010/2011 in return for the County
funding the number of positions equivalent to the dollar amount of the relinquished raises. He
stated that the next step would be for the Board to either deny or approve the agreement.
A brief discussion ensued, during which Director Sexton addressed the Commissioner's
questions.
Chairman O'Bryan and Commissioner Flescher, respectively, applauded Union
employees for sacrificing their increases, and congratulated Union members, staff, and Local 769
Representative Steve Myers for arriving at the subject agreement.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously ratified
the Memorandum of Agreement with the International
Brotherhood of Teamsters, Local 769, "the Union", as
requested in the letter of September 27, 2010.
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October 5, 2010
MEMORANDUM OF AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET
12. G.1. INDIAN RIVER COUNTY GOVERNMENT TELEVISION CHANNEL 27
POLICIES AND GUIDELINES
Office of Management and Budget Director Jason Brown provided a description of
Indian River County Government Television Channel 27's (IRGC — Channel 27) policies and
procedures, which establish a formal framework and policy for governing the programming on
Channel 27. He directed the Board's attention to the sample IRCTV Channel 27 Programming
Request Form, pointing out that "Emergency and Public Safety Information" had been changed
to "Emergency Public Safety Information". He thereafter requested that the Board approve the
proposed policy and request form.
Bob Johnson, Coral Wind Subdivision, wanted to see the break periods eliminated from
the broadcasts and rebroadcasts of the County Commission meetings.
Chairman O'Bryan advised Mr. Johnson that although the subject policy would not
address his suggestion, staff could look at the technical aspects of removing the breaks.
Staff provided additional information for the Board on the groups who would be allowed
to present programming on Channel 27.
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October 5, 2010
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Indian River County Government Television Channel
27 (IRGC — Channel 27) Policies and Guidelines and the
Indian River County Government Television Channel 27
(IRGC — Channel 27) Programming Request Form, as
recommended in the memorandum of September 13, 2010.
12.H. RECREATION -NONE
12.1. PUBLIC WORKS NONE
12.J. UTILITIES SERVICES
12.J.1. CHANGE ORDER No. 1 TO IRC BID No. 2010024 TO TIM (TIMOTHY)
ROSE CONTRACTING, INC. FOR FAIRGROUNDS RV PARK IMPROVEMENTS
Director of Utility Services Erik Olson recapped his memorandum of September 24, 2010
to provide background and details pertaining to the Environmental Health Department's
assessment that the RV Park facility at the Fairgrounds requires an update of the water, sewer,
and electric utilities. He advised the Board that the cheapest and most efficient way to do the
required improvements would be to have Timothy Rose Contracting, Inc., who was already
onsite, incorporate the specified improvements at the RV Park with their current job.
Commissioner Davis, who stated he was a member of the Indian River Fairgrounds
Association, sought and received confirmation from Attorney Polackwich that he (Commissioner
Davis) was permitted to vote on this matter.
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October 5, 2010
Assistant County Administrator Michael Zito, with input from County Administrator
Joseph Baird, addressed Commissioner Wheeler's query on the criteria for RV site use at the
Fairgrounds.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute Change
Order No. 1 with Timothy Rose Contracting, Inc., in the
amount of $161,172.77; and (2) authorized the necessary
Budget Amount in the amount of $161,172.77 from the
Parks Impact Fees and Fairground Reserves account, all as
recommended in the memorandum of September 24, 2010.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. REQUEST FOR SOLE SOURCE FOR REPAIRS FOR ABS, FLYGT AURORA,
LAYNE/VERI-LINE PUMPS
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously authorized
the Purchasing Department to use Barney's Pump, Inc., of
Lakeland, Florida; Hydra Services (ABS Pumps) of
Sanford, Florida; and ITT Water and Wastewater U.S.A.,
Inc. (Flygt Pumps) of Riviera Beach, Florida, as the sole
source provider for parts and repairs covered under their
service area, as recommended in the memorandum of
September 27, 2010.
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October 5, 2010
12..13. WATER AND WASTEWATER SERVICE TO THE TOWN OF INDIAN RIVER
SHORES
Director of Utility Services Erik Olson recapped his memorandum of September 27, 2010
to provide a status update on the water and wastewater franchise between the Town of Indian
River Shores (the Town) and the City of Vero Beach. He said the Franchise Agreement expires
in 2016, and that recently, Indian River Shores had sent to both the County and the City, a draft
Asset Purchase and Franchise Agreement for the provision of their water, wastewater, and reuse
water, with a response date of October 8, 2010, and a closing date of January 2011. He detailed
staff's concerns regarding the proposed Agreement, and questioned whether the County could
negotiate on the franchise while the existing Franchise Agreement between Indian River Shores
and the City of Vero Beach remains in effect. He recommended the Board direct staff to send
the draft letter (page 300 of the backup), advising Indian River Shores that the County would be
interested in discussing further the Town's proposal; however, is wary of interfering with the
City of Vero Beach's existing franchise rights.
A broad -ranging discussion ensued wherein Board members considered a variety of
factors associated with providing water and sewer service to the Town, and how best to respond
to the letter sent by GAI Consultants (on behalf of Indian River Shores), requesting that the
County let them know if it did not wish to enter into negotiations for the Asset Purchase and
Franchise Agreement with Indian River Shores.
County Attorney Alan Polackwich provided legal opinion that prior to the completion of
the existing Franchise Agreement, the County cannot sign the subject agreement without
interfering with the City of Vero Beach's right to continue with the existing franchise. He also
pointed out that the five-year deadline for notice of continuation or non -renewal of the Franchise
Agreement is not until November 2016; hence if they so desired, the Town of Indian River
Shores and the City of Vero Beach would have plenty of time for further negotiations.
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October 5, 2010
Director Olson, referencing information in staff's report, reiterated that the City of Vero
Beach's Finance and Utility Committee has recommended moving forward with the Franchise
Agreement with Indian River Shores, which recommendation might, in turn, be approved by the
City Council. He nonetheless recommended sending the County's letter, to let Indian River
Shores know that the County is interested in providing utility services to the Town, but cannot
interfere with the existing Franchise Agreement between Indian River Shores and Vero Beach.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
to send a response to the Town of Indian River Shores and
to GAI Consultants, Inc., in the form attached to staff's
report (on page 300 of the backup), as recommended in
the memorandum of September 27, 2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. MONROE COUNTY V. PRICELINE, ET AL., CLASS ACTION
County Attorney Alan S. Polackwich, Sr. provided background information and analysis
regarding a class action lawsuit against several internet travel companies that were not paying the
full amount of Tourist Development Taxes in Florida. The suit was filed by Monroe County on
behalf of all Florida counties that levy a tourist development tax, and the County Commission
had decided in May 2010, not to opt out of the lawsuit. Attorney Polackwich conveyed that if
the County remains in the suit, it would receive a settlement fee of $61,171.65, which after
associated fees and costs would come to approximately $35,000. He thereafter presented staff's
recommendation to accept the settlement.
30
October 5, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously accepted
the proposed settlement, as recommended in the
memorandum of September 22, 2010.
13.B. SOUTH BARRIER ISLAND WATER/SEWER SYSTEM
Attorney Polackwich presented the Board with the results of an in-depth study he had
undertaken pursuant to Board direction, regarding: (1) the ownership of the utility facilities,
such as sewer and water mains, on the South Barrier Island; and (2) how the purchase price of
those facilities would be determined. He conveyed his analysis that all the water and sewer mains
on Highway A1A were built or purchased by the City of Vero Beach, with the exception of water
system facilities built by the Moorings and now owned by the City (with the stipulation that it be
sold should a new provider take over the utility service), and the privately owned utilities located
within several subdivisions. He explained that there is no binding agreement or law setting forth
a formula for determining a purchase price, and summarized what some of the factors involved
in the pricing would be.
Attorney Polackwich responded to questioning from Chairman O'Bryan regarding: (1)
the 10% surcharge imposed by the City of Vero Beach; and (2) whether the Public Service
Commission could make a ruling on the purchase price.
After a brief discussion, with input from Attorney Polackwich, the Board determined that
at this juncture, the County's focus should be on Indian River Shores, rather than the South
Barrier Island.
The Board CONSENSUS was to note the information
provided by the County Attorney, with no Board Action
taken or required at this time.
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October 5, 2010
Attorney Polackwich responded to Commissioner Wheeler's questions on what areas are
regulated by the Public Service Commission.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Emergency Services District. Those Minutes are being prepared separately.
15.A.1. APPROVAL OF LEASE AMENDMENT FOR FIRE STATION #2 BOAT DOCK
15.B. SOLID WASTE DISPOSAL DISTRICT
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October 5, 2010
The Chairman announced that immediately upon adjournment of the Regular Emergency
Services District Meeting, the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District. Those Minutes are being prepared separately.
15. B.1. CANCEL 2010 PETITION HEARING SOLID WASTE DISPOSAL DISTRICT
ASSESSMENT FEES
15.B.2. REQUEST FOR GENERAL FUNDS — PACE PROJECT AND OTHER
COMMUNITY PROJECTS
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
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October 5, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 2:36
p.m.
ATTEST:
riA;
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: DEC 7 2010
BCC/MG/2010Minutes
34
October 5, 2010