HomeMy WebLinkAbout05/11/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 11,2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
MOVE: ITEM 13.A.COUNTY ATTORNEY MATTERS - SHARK
BAITING/CHUMMING DISCUSSION TO BE HEARD IN CONJUNCTION WITH ITEM
5.E. PRESENTATION BY RICHARD GRANT GILMORE, JR., PHD. 2
ADD: ITEM 14.E. COMMISSIONER GARY C. WHEELER - DISCUSSION ON
HOLDING A WORKSHOP WITH THE CITY OF VERO BEACH AND THE TOWN OF
INDIAN RIVER SHORES TO DISCUSS COUNTYWIDE CONSOLIDATION OF
WATER/SEWER/IRRIGATION (WSI) UTILITY SERVICES 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF MAY 18-22,
2010, AS EMERGENCY MEDICAL SERVICES WEEK 2
5.B. PRESENTATION OF PROCLAMATION HONORING THE 30TH YEAR ANNIVERSARY
OF THE GENERAL FEDERATION OF WOMEN'S CLUBS, TREASURE COAST WOMEN 3
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May 11, 2010
5.C. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION
CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION TO OFFICE OF
MANAGEMENT AND BUDGET, INDIAN RIVER COUNTY, FLORIDA 3
5.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE OIL SPILL IN THE GULF OF MEXICO 3
5.E. PRESENTATION BY RICHARD GRANT GILMORE, JR., PHD, PRESIDENT, SENIOR
SCIENTIST, ESTUARINE, COASTAL AND OCEAN SCIENCE, INC., REGARDING
SHARK BAITING AND CHUMMING OFF COUNTY BEACHES 4
6. APPROVAL OF MINUTES 5
6.A. PUBLIC HEARING WORKSHOP OF APRIL 5, 2010 5
6.B. SPECIAL CALL MEETING OF APRIL 9, 2010 6
6.C. REGULAR MEETING OF APRIL 6, 2010 6
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 6
7.A. RESIGNATION OF DISTRICT 5 APPOINTEE TO THE BOARD OF ZONING
ADJUSTMENT (BZA) 7
8. CONSENT AGENDA 7
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 23, 2010 TO APRIL 29, 2010 7
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF COUNTIES
ANNUAL CONFERENCE AND EDUCATIONAL EXPOSITION 7
8.C. PROCLAMATION HONORING LINDA JONES ON HER RETIREMENT FROM INDIAN
RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF
COMMUNITY DEVELOPMENT BUILDING DIVISION 8
8.D. CONSIDERATION OF A RESOLUTION OF SUPPORT AND A MEMORANDUM OF
UNDERSTANDING FOR PARTICIPATION IN THE DEVELOPMENT OF A GRANT
APPLICATION FOR FUNDING UNDER THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT'S SUSTAINABLE COMMUNITIES INITIATIVE 8
8.E. APPROVAL OF EMERGENCY MANAGEMENT STATE FUNDED SUB -GRANT (#09 -
BG -20-10-40-01-098) EXPENDITURES 9
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May 11, 2010
8.F. APPROVAL OF RENEWAL FOR A CLASS "El" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR HEALTHSOUTH TREASURE COAST
REHABILITATION HOSPITAL, TO PROVIDE WHEELCHAIR AND COMFORT
STRETCHER SERVICES 9
8.G. AWARD OF BID # 2010038, OLD DIXIE HIGHWAY BRIDGE REPLACEMENT OVER
THE SOUTH RELIEF CANAL IRC PROJECT NO. 0205 10
8.H. CHANGE ORDER No. 2 AND RELEASE OF RETAINAGE - MICHAEL SCHLITT
CONSTRUCTION CORP., LANDSCAPE IMPROVEMENTS TO 58TH AVENUE FROM
OSLO ROAD TO 16TH STREET, IRC PROJECT #0916, BID NUMBER 2009053,
FDOT LOCAL AGENCY PROGRAM (LAP) AGREEMENT - FPN No. 426383-1-58-
01 10
8.I. WORK ORDER No. 3 (SIDEWALK/SOD) H & D CONSTRUCTION CO. INC., OAKS
OF VERO SUBDIVISION PHASE 2 - SIDEWALK, RELEASE OF RETAINAGE AND
FINAL PAY 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 11
THIS SPACE INTENTIONALLY LEFT BLANK 11
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARINGS 12
10.A.1. DIVOSTA HOMES L.P.'S REQUEST FOR A CHANGE TO THE WATERWAY VILLAGE
DRI DEVELOPMENT ORDER AND DEVELOPER'S AGREEMENT AND FOR
ADOPTION OF A RESOLUTION APPROVING A SETTLEMENT AGREEMENT (QUASI-
JUDICIAL) 12
10.A.2. CONSIDERATION OF EAR (EVALUATION AND APPRAISAL REPORT) BASED
AMENDMENTS TO THE COUNTY'S COMPREHENSIVE PLAN (ADMINISTRATIVE) 15
10.B. PUBLIC DISCUSSION ITEMS 24
10.B.1 . REQUEST TO SPEAK FROM FRED MENSING REGARDING BUILDING PERMITS 24
10.B.2. REQUEST TO SPEAK FROM RON O'CONNOR REGARDING INADEQUATE
DRAINAGE SYSTEM AT 13895 122ND STREET 24
10.C. PUBLIC NOTICE ITEMS -NONE 24
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May 11, 2010
11. COUNTY ADMINISTRATOR MATTERS -NONE 24
12. DEPARTMENTAL MATTERS 25
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 HEALTH INSURANCE/EXCESS LOSS REINSURANCE BROKERAGE AND
ACTUARIAL SERVICES - APPROVAL OF CONTRACT BETWEEN GEHRING GROUP
AND INDIAN RIVER COUNTY 25
12.E. HUMAN SERVICES -NONE 25
12.F. LEISURE SERVICES -NONE 25
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 25
12.H. RECREATION -NONE 26
12.I. PUBLIC WORKS 26
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 26
12.I.2. WORK ORDER #17, APPLIED TECHNOLOGY AND MANAGEMENT INC., SECTOR 7
BEACH RESTORATION POST -CONSTRUCTION MONITORING (SUMMER 2010) 26
12.I.3. WORK ORDER #16, APPLIED TECHNOLOGY AND MANAGEMENT INC., SECTORS
1&2 BEACH RESTORATION, POST -CONSTRUCTION MONITORING (SUMMER
2010) 27
12.J. UTILITIES SERVICES 27
12.J.1. CONSTRUCTION OF Two 6" FORCE MAIN BORES UNDER 66TH AVENUE AND THE
RANGELINE CANAL IN CONJUNCTION WITH THE 16TH STREET PAVEMENT
PROJECT NO. 9920 FROM 66TH AVENUE TO 74TH AVENUE - UCP 4053 27
12.J.2. FINAL PAYMENT - GRAND HARBOR LLC DEVELOPER'S AGREEMENT FOR
PLACEMENT OF FILL FROM THE SPOONBILL MARSH WETLAND FACILITY 28
12.J.3. OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL MARSH WETLAND
FACILITY 29
12.J.4. SPOONBILL MARSH WETLAND FACILITY - CHANGE ORDER NO. 5 TO TIMOTHY
ROSE CONTRACTING, INC. FOR SEDIMENTATION BASIN DEBRIS SCREEN 29
13. COUNTY ATTORNEY MATTERS 30
13.A. SHARK BAITING/CHUMMING DISCUSSION 30
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May 11, 2010
14. COMMISSIONER ITEMS 30
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 30
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 30
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 30
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 30
14.E. COMMISSIONER GARY C. WHEELER 30
ADDITION: 14.E.1. DISCUSSION ON HOLDING A WORKSHOP WITH THE CITY OF VERO BEACH
AND THE TOWN OF INDIAN RIVER SHORES TO DISCUSS COUNTYWIDE
CONSOLIDATION OF WATER/SEWER/IRRIGATION (WSI) UTILITY SERVICES 30
15. SPECIAL DISTRICTS AND BOARDS 31
1 5.A. EMERGENCY SERVICES DISTRICT -NONE 31
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 31
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 31
16. ADJOURNMENT 32
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May 11, 2010
JEFFREY K. BARTON
Clerk to the Board
May 11, 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, May 11, 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
Father Tri Tang Pham, St. Helen Catholic Church, delivered the Invocation.
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May 11, 2010
3. PLEDGE OF ALLEGIANCE
Vice Chairman Solari led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
MOVE.' ITEM 1 3.A.COUNTY ATTORNEY MATTERS - SHARK BAITING/CHUMMING
DISCUSSION TO BE HEARD IN CONJUNCTION WITH ITEM S.E. PRESENTATION BY RICHARD
GRANT GILMORE, JR., PHD.
ADD: ITEM 14.E. COMMISSIONER GARY C. WHEELER - DISCUSSION ON HOLDING A
WORKSHOP WITH THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES TO
DISCUSS COUNTYWIDE CONSOLIDATION OF WATER/SEWER/IRRIGATION (WSI) UTILITY
SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION DESIGNATING THE WEEK OF MAY 18-
22, 2010, AS EMERGENCY MEDICAL SERVICES WEEK
Commissioner Wheeler read and presented the Proclamation to Brian Burkeen, Assistant
Chief of Fire Rescue.
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May 11, 2010
S.B. PRESENTATION OF PROCLAMATION HONORING THE 30TH YEAR
ANNIVERSARY OF THE GENERAL FEDERATION OF WOMEN'S CLUBS,
TREASURE COAST WOMEN
Chairman O'Bryan read and presented the Proclamation to the following representatives
of the General Federation of Women's Clubs, Treasure Coast: Bobbi Burdick, Mary Ann
Penque, Lorrie Fahey, Weasy Carmack, Carolyn Aldhizer, and Gail Bridwell-Brattain.
5.C. PRESENTATION OF GOVERNMENT FINANCE OFFICERS ASSOCIATION
CERTIFICATE OF RECOGNITION FOR BUDGET PREPARATION TO OFFICE
OF MANAGEMENT AND BUDGET, INDIAN RIVER COUNTY, FLORIDA
County Budget Director Jason Brown, through use of a PowerPoint presentation,
addressed the Board regarding the Distinguished Budget Presentation Award, which was
presented to the County by the Government Finance Officers Association (GFOA). He
reported that the Budget Document can be reviewed at the County's website, www.ircgov.com.
S.D. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE OIL SPILL IN THE GULF OF MEXICO
Director of Emergency Services John King used a PowerPoint presentation (on file) to
update the Board on the status of the oil spill in the Gulf of Mexico. He said that thus far,
Florida's beaches were still open, and that further information is available at the County's
website, www.ircgov.com, and at the Department of Environmental Protection's website,
dep. state. fl.us/deepwaterhorizon/.
(Clerk's Note: County Attorney Matters, Item 13.A. Shark Baiting/Chumming Discussion
was heard in conjunction with Item S.E., as follows).
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May 11, 2010
5.E. PRESENTATION BY RICHARD GRANT GILMORE, JR., PHD, PRESIDENT,
SENIOR SCIENTIST, ESTUARINE, COASTAL AND OCEAN SCIENCE, INC.,
REGARDING SHARK BAITING AND CHUMMING OFF COUNTY BEACHES
Richard Grant Gilmore, Jr., PhD, related that Attorney Alan Polackwich had requested
him, subsequent to Board directive at the April 20, 2010 County Commission meeting, to
present a professional opinion on whether the practice of shark fishing from County beaches
would increase the potential dangers of shark attacks. He displayed several types of shark jaws
to report on the various shark species found in the local waters and their feeding habits. Dr.
Gilmore thereafter responded to questions from the Board regarding the factors precipitating
shark attacks; seasonal migration patterns; and the practices of chumming and baiting.
Lengthy deliberations ensued on how to achieve a balance between public safety and the
rights of the fisherman who practice good sportsmanship. Chairman O'Bryan sought Attorney
Polackwich's opinion regarding the effectiveness of developing an Ordinance regulating shark
fishing.
Dr. Gilmore provided opinion that in order to ascertain the true dangers of shark fishing,
the Board should have a study undertaken, utilizing the current databases of historical
information and obtaining information from expert shark fisherman. He advised that the cost of
said study would be approximately $50,000.
Ocean Rescue Captain John Frazier, who was asked to provide his input, suggested
restricting the shark fishing area to 300 feet from the guarded portion of the beach.
Commissioner Flescher expressed grave concerns about the shark fishing and felt that a
common sense approach should be used, supporting Captain Frazier's view.
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May 11, 2010
Chairman O'Bryan felt that if the shark fishing was allowed, it would be best to have it
near a guarded beach where emergency services could be provided if necessary.
Commissioner Davis believed that this issue should be addressed through the State.
Commissioners Solari and Wheeler expressed opposition to the idea of drafting a local
Ordinance and supported Commissioner Davis's idea to contact the Florida Fish and Wildlife
Conservation Commission and ask them to make a statewide ruling on whether or not shark
fishing is permitted.
The Board CONSENSUS was to not take action on an
Ordinance at this time. The Chairman directed the County
Attorney to draft a request to the Florida Fish and Wildlife
Conservation Commission for a statewide policy on the
issue of shark fishing off the beaches.
Commissioner Flescher, although preferring to see a bit stronger action, acknowledged
that moving forward with a letter to the State is a step towards finding a solution to this issue.
6. APPROVAL OF MINUTES
6.A. PUBLIC HEARING WORKSHOP OF APRIL S, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Public Hearing Workshop of April 5, 2010. There were none.
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May 11, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Public Hearing Workshop of April 5,
2010, as written.
6.B. SPECIAL CALL MEETING OF APRIL 9, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Special Call Meeting of April 9, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Special Call Meeting of April 9, 2010.
6.C. REGULAR MEETING OF APRIL 6, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 6, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the Minutes of the Regular Meeting of April 6, 2010.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
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May 11, 2010
7.A. RESIGNATION OF DISTRICT 5 APPOINTEE TO THE BOARD OF ZONING
ADJUSTMENT (BZA)
Noted for the record was the resignation of Tom Yonge, District 5 Appointee, effective
on April 28, 2010.
8. CONSENT AGENDA
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as presented.
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 23, 2010 TO APRIL 29, 2010
ON MOTION by Commissioner Flescher, 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 April 23, 2010 to April 29,
2010, as requested in the memorandum of April 29, 2010.
8.B. OUT OF COUNTY TRAVEL TO ATTEND THE FLORIDA ASSOCIATION OF
COUNTIES ANNUAL CONFERENCE AND EDUCATIONAL EXPOSITION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Out -of -County travel for Commissioners and staff to
attend the Florida Association of Counties (FAC) Annual
Conference and Educational Exposition in Hillsborough
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May 11, 2010
County on June 29 through July 2, 2010, as recommended
in the memorandum of May 4, 2010.
8.C. PROCLAMATION HONORING LINDA JONES ON HER RETIREMENT FROM
INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF COMMUNITY DEVELOPMENT BUILDING DIVISION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the Proclamation and Retirement Award honoring Linda
Jones on her retirement from the Department of
Community Development, Building Division.
8.D. CONSIDERATION OF A RESOLUTION OF SUPPORT AND A MEMORANDUM
OF UNDERSTANDING FOR PARTICIPATION IN THE DEVELOPMENT OF A
GRANT APPLICATION FOR FUNDING UNDER THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT'S SUSTAINABLE COMMUNITIES
INITIATIVE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) Resolution 2010-036, supporting the
Regional Planning Councils of Southeast Florida in
preparing a Comprehensive Joint Application under the
Federal Sustainable Communities Initiative and
establishing a Working Partnership Agreement with
appropriate Water Resource, Housing, Environmental and
Transportation Agencies, Local Governments, Nonprofits,
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May 11, 2010
Academia, and Private Sector Organizations; and (2) the
Sustainable Communities Initiative Memorandum of
Understanding for the Southeast Florida Region, as
recommended in the memorandum of May 7, 2010.
MEMORANDUM OF UNDERSTANDING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. APPROVAL OF EMERGENCY MANAGEMENT STATE FUNDED SUB -GRANT
(#09 -BG -20-10-40-01-098) EXPENDITURES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the expenditures for FY 09/10 Emergency Management
Performance Grant (EMPG) #09 -BG -20-10-40-01-098
Sub -Grant, as recommended in the memorandum of May
4, 2010.
8.F. APPROVAL OF RENEWAL FORA CLASS "El" CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR HEALTHSOUTH TREASURE COAST
REHABILITATION HOSPITAL, TO PROVIDE WHEELCHAIR AND COMFORT
STRETCHER SERVICES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
renewal of the Class "El" Certificate of Public
Convenience and Necessity for HealthSouth Treasure
Coast Rehabilitation Hospital, to be effective for a period
of two (2) years from May 16, 2010 to May 16, 2012, as
recommended in the memorandum of May 3, 2010.
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May 11, 2010
8.G. AWARD OF BID # 2010038, OLD DIXIE HIGHWAY BRIDGE REPLACEMENT
OVER THE SOUTH RELIEF CANAL IRC PROJECT NO. 0205
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the contract be awarded to Dickerson Florida, Inc., in the
amount of $1,949,922.76, for the Bridge Replacement at
Old Dixie Highway, as recommended in the
memorandum of May 3, 2010.
8.H. CHANGE ORDER No. 2 AND RELEASE OF RETAINAGE - MICHAEL SCHLITT
CONSTRUCTION CORP., LANDSCAPE IMPROVEMENTS TO 58THAVENUE
FROM OSLO ROAD TO 16TH STREET, IRC PROJECT #0916, BID NUMBER
2009053, FDOTLoCAL AGENCY PROGRAM (LAPZAGREEMENT- FPN
No. 426383-1-58-01
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Change Order No. 2 and payment of Michael Schlitt
Construction Corporation Application for Payment No. 4,
dated April 25, 2010, in the amount of $11,287.15, as
recommended in the memorandum of April 29, 2010.
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May 11, 2010
8.1. WORK ORDER No. 3 (SIDEWALK/SOD) H & D CONSTRUCTION CO. INC.,
OAKS OF VERO SUBDIVISION PHASE 2 - SIDEWALK, RELEASE OF
RETAINAGE AND FINAL PAY
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Contract Change Order No. 1 and payment of Contractor's
Application for Payment No. 2 in the amount of $9,773.43
for full and final payment of Work Order No. 3 with H &
D Construction Co., Inc., as recommended in the
memorandum of April 26, 2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
The Chairman called a break at 10:26 a.m. and reconvened the meeting at 10:39 a.m.,
with all members present.
THIS SPACE INTENTIONALLY LEFT BLANK
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May 11, 2010
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. DIVOSTA HOMES L.P.'S REQUEST FOR A CHANGE TO THE WATERWAY
VILLAGE DRI DEVELOPMENT ORDER AND DEVELOPER'S AGREEMENT
AND FOR ADOPTION OF A RESOL UTIONAPPROVING A SETTLEMENT
AGREEMENT (QUASI -.JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling, through a PowerPoint presentation, provided background
and analysis on DiVosta Homes, L.P.'s request to amend the Waterway Village Development of
Regional Impact (DRI) Development Order (D.O.) through a Notice of Proposed Change
(NOPC); to amend the Developer's Agreement; and to approve a Settlement Agreement, which
would settle a lawsuit with the County regarding concurrency vesting. Director Boling
explained that the Settlement Agreement would allow DiVosta to unbundle concurrency and
prepay the impact fees for traffic only, whereas staff's position is that all concurrency facilities
should be addressed as a bundle (pursuant to concurrency regulations), with all impact fees paid
by December 31, 2015. Staff recommended that all of the above documents be approved,
conditioned upon a change to the Amended Developer's Agreement, to require vesting of all
concurrency components and payment of all impact fees by December 31, 2015. He
acknowledged that the Planning and Zoning Commission (P&Z) recommends Board approval of
the draft documents as presented, and said that the Board has the option to approve the
documents by finding that the NOPC does not constitute a substantial deviation from the D.O.
Director Boling responded to questions from Commissioner O'Bryan regarding drainage
easements and the currency stipulations in the original settlement agreement with DiVosta.
County Administrator Joseph Baird disagreed with staff's position, and explained why he
felt the settlement with DiVosta would be advantageous at this time.
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May 11, 2010
Attorney Polackwich observed that the draft settlement documents represent a
compromise between DiVosta's position that they are fully vested and staff's position that they
are not vested at all. He explained that a DRI is subject to special laws, and that since the
applicant has presented a Bert Harris claim and there are mechanisms under Bert Harris law to
reach a settlement which may not neatly fit within existing code, he believed the Board has the
legal authority to reach a conclusion in the middle.
The Chairman opened the Public Hearing.
Commissioner O'Bryan and staff responded to questions and comments from Tom
Norman, 4955 Eleuthra Circle, Waterway Village, regarding the 53rd Street improvements.
Bruce Barkett, Esquire, representing DiVosta Homes, L.P., invited questions from the
Board. None were forthcoming
There being no further speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Davis, to (1) determine
that the request does not constitute a substantial deviation;
(2) approve Resolution 2010-037, making findings of
fact and conclusions of law pertaining to Waterway
Village, a Development of Regional Impact, and
constituting this resolution as an amended and restated
Development Order by Indian River County in compliance
with law; providing for an effective date and providing a
termination date; (3) approve the Amended Developer's
Agreement with DiVosta Homes, L.P., for Waterway
Village; (4) and approve Resolution 2010-038, approving
the settlement of a lawsuit and claims relating to
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May 11, 2010
Waterway Village, a Development of Regional Impact,
including, without limitation, claims under the Bert J.
Harris, Jr., Private Property Rights Protection Act; making
certain findings; approving settlement documents; and
providing for an effective date upon court approval.
Commissioners O'Bryan, Davis, and Solari presented brief commentary in support of the
Motion.
Attorney Polackwich confirmed with the Chairman that the Motion was to approve the
entire settlement package, including the Amended Developer's Agreement with the unbundled
impact fees. He noted that the settlement is contingent upon court approval, which staff would
now move forward to seek.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) determined
that the request does not constitute a substantial deviation;
(2) approved Resolution 2010-037, making findings of
fact and conclusions of law pertaining to Waterway
Village, a Development of Regional Impact, and
constituting this resolution as an amended and restated
Development Order by Indian River County in compliance
with law; providing for an effective date and providing a
termination date; (3) approved the Amended Developer's
Agreement with DiVosta Homes, L.P., for Waterway
Village; and (4) approved Resolution 2010-038,
approving the settlement of a lawsuit and claims relating
to Waterway Village, a Development of Regional Impact,
including, without limitation, claims under the Bert J.
Harris, Jr., Private Property Rights Protection Act; making
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May 11, 2010
certain findings; approving settlement documents; and
providing for an effective date upon court approval.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
1O.A.2. CONSIDERATION OF EAR (EVALUATION AND APPRAISAL REPORT) BASED
AMENDMENTS TO THE COUNTY'S COMPREHENSIVE PLAN
(ADMINISTRATIVE)
Community Development Director Robert Keating announced that today's public hearing
was for the Board to consider transmitting to the State Department of Community Affairs (DCA)
for review, the Evaluation and Appraisal Report (EAR) based amendments to the
Comprehensive Plan. He advised that any citizens who would be speaking could leave their
name and address with Chief of Long -Range Planning Sasan Rohani, if they wished to receive
information regarding the amendments throughout the review process. He conveyed that the
most non -controversial elements would be discussed first, and began his PowerPoint presentation
by outlining the following 10 elements and sub -elements which had no changes subsequent to
the April 19, 2010 Joint Public Workshop of the Board of County Commissioners and the
Planning and Zoning Commission (P&Z).
INTRODUCTORY ELEMENT - CHAPTER 1
POTABLE WATER SUB -ELEMENT - CHAPTER 3B
SOLID WASTE SUB -ELEMENT - CHAPTER 3C
STORMWATER MANAGEMENT SUB -ELEMENT - CHAPTER 3E
TRANSPORTATION ELEMENT - CHAPTER 4
ECONOMIC DEVELOPMENT ELEMENT - CHAPTER 5
CAPITAL IMPROVEMENTS ELEMENT - CHAPTER 6
HOUSING ELEMENT - CHAPTER 7
INTERGOVERNMENTAL COORDINATION ELEMENT - CHAPTER 11
PUBLIC SCHOOL FACILITIES ELEMENT - CHAPTER 12
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May 11, 2010
The Chairman opened the Public Hearing.
Bob Johnson, Coral Wind Subdivision, addressed the Board regarding residential
designations in the Comprehensive Plan, and the Oslo Plan Corridor.
Continuing his presentation, Director Keating began his review of the changes which had
been made to six elements and sub -elements since the BCC/P&Z Joint Workshop.
SANITARY SEWER SUB -ELEMENT - CHAPTER 3A
(Clerk's Note: Please refer to pages 228 and 229 of the backup to view the following
changes).
Director Keating reported that under Objective 7 Septic Tank Systems, Policy 7.5, for a
feasibility study of a County -initiated septic tank maintenance program, has been deleted. Staff
has also revised the data and analysis section found on page 28 of this sub -element to be
consistent with the Board directive to place the emphasis on education, rather than regulation.
There was no public comment on Chapter 3A.
CONSERVATION ELEMENT - CHAPTER 8
(Clerk's Note: Please refer to pages 230 and 231 of the backup to view the following
changes).
Director Keating outlined the following changes to Chapter 8:
Policy 2.19, under Objective 2 Surface Water Quality, has been revised to delete the
proposed on-site disposal system (OSDS) maintenance program, and to place the focus on
education, rather than regulation.
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May 11, 2010
Objective 6 Upland Vegetation Communities has been revised to change the target
amount of upland land plant communities to be preserved from a minimum of 5,000 acres (as
presented in draft document at April 19, 2010 Joint Workshop) to 500 acres.
Director Keating noted that Policy 9.4, in Objective 9 Commercial Uses of Natural
Resources, pertains to the prohibition of planting host plants in development projects, and is also
found in Future Land Use Element -Chapter 2. The policy has been revised to rely on state
regulations and remove the requirement to have landowners remove dead citrus trees in groves.
He noted that in accordance with Commissioner Davis's request at the April 19, 2010 meeting,
he would be discussing this matter further, and would do so during his presentation on Chapter 2.
In Policy 10.8, under Objective 10 Soil Erosion, the requirement for new oceanfront
developments to hook up to public sewer, if available, has been eliminated.
There was no public comment on Chapter 8.
COASTAL MANAGEMENT ELEMENT - CHAPTER 9
(Clerk's Note: Please refer to page 231 of the backup to view the following changes).
Under Objective 4 Beaches and Dunes, Policy 4.13, for all new oceanfront developments
to hook up to public sewer if available, was deleted.
There was no public comment on Chapter 9.
NATURAL GROUNDWATER AQUIFER RECHARGE
SUB -ELEMENT - CHAPTER 3D
(Clerk's Note: Please refer to page 231 of the backup to view the following changes).
17
May 11, 2010
Director Keating directed Board attention to the analysis section of this sub -element
which has been amended to promote public education, rather than enforcement, on water
conservation measures. He noted that under Objective 2 Preserving the Quantity of the
Surficial Aquifer, Policy 2.2 relating to the County's adoption of a water conservation ordinance
has been deleted.
There was no public comment on Chapter 3D.
RECREATION AND OPEN SPACE ELEMENT - CHAPTER 10
(Clerk's Note: Please refer to Appendix A to view the following policies).
Continuing his presentation, Director Keating said that Policies 9.1 through 9.9, were
found under Objective 9 Arts and Cultural Programs. He stated that although there had been a
lot of discussion at the April 19, 2010 meeting, staff had not been directed to make any specific
changes. He noted that several Board members had questioned the Quasi -Nonprofit designation
afforded the Cultural Council, as set forth in the first sentence of draft Policy 9.5 below:
"The County shall consider the Cultural Council of Indian River County (CCIRC) as the
County's designated cultural agency and a Quasi -Nonprofit Agency. As such..."
Chairman O'Bryan acknowledged the work being done by the Cultural Council in order
to fulfill the objective to have a comprehensive Cultural Plan by 2012. He supported inclusion
of the Cultural Plan in the Comprehensive Plan, but questioned whether the Cultural Council
should be called the designated "cultural agency", as set forth under Policy 9.5 (above), or have
some other description.
Susan Grandpierre, 765 Ocracoke Square SW, Chair of the Cultural Council, spoke to
the advantages of including the Cultural Plan in the Comprehensive Plan. She provided an
18
May 11, 2010
overview of the Cultural Council's objectives and assured the Board that the organization was
confident of raising the funds to do the plan by 2012.
Commissioner Wheeler supported the Cultural Plan, but wanted to make sure that the
policies were written so the County does not end up being required to provide financial support
to the Cultural Council. He also questioned whether the Quasi -Nonprofit status would lead to
the expenditure of funds by the County.
Discussion followed on the ramifications of providing the quasi -nonprofit status to the
Cultural Council.
Administrator Baird explained that commonly, the quasi -nonprofit designation is given to
agencies that provide governments services that are necessary or required.
Commissioner Davis understood the need for the Cultural Council to be designated as the
County's partner, but asked the Council representatives to what extent they would be affected if
the Quasi -Nonprofit designation was removed from the Comprehensive Plan.
Mary Jayne Kelly, Executive Director of Cultural Council, 2036 14th Avenue #103,
Vero Beach, FL 32960, explained the original intent for seeking the Quasi -Nonprofit
designation in 2005, and acknowledged that while the Council preferred to maintain it, removing
the designation would not greatly impact them.
Commissioner Wheeler requested that Policy 9.5 be amended as follows: "The County
shall consider the Cultural Council of Indian River County (CCIRC) as the County's designated
cultural agency and a Quasi Nonprofit Agency. As such..."
Vice Chairman Solari suggested amending the wording in Policy 9.5 as follows: "The
Cultural Council...In so doing, the Cultural Council shall may annually submit a funding request
to the County..."
19
May 11, 2010
(Clerk's Note: These changes will be incorporated into the Motion to transmit the EAR
based amendments to DCA).
FUTURE LAND USE ELEMENT - CHAPTER 2
(Clerk's Note: Please refer to page 227 of the backup to view the following changes).
Director Keating directed the Board's attention to Policy 4.5 in Objective 4 Efficient Mix
of Uses to Reduce Traffic Demand and Greenhouse Gas Emissions. He reported that the P&Z
had recommended that interconnectivity between proposed developments should be only for
bicycles and pedestrians. At the April 19, 2010 Workshop, the Board decided there should also
be vehicular interconnectivity, so the Policy has been revised to include vehicular, pedestrian,
and bicycle connections between development projects. He noted that there are some exceptions
to the policy.
Director Keating recalled that Policy 6.5, found in Objective 6 Agricultural Protection,
which Commissioner Davis wished to discuss, had been mentioned during discussion on the
Conservation Element. The policy relates to the prohibition of planting host plants in new
development projects that are in agricultural areas and having that structured as a deed
restriction. Staff has amended the policy to reflect the fact that the deed restriction can be
sunsetted if there is no further need for the prohibition.
Commissioner Davis acknowledged the need for protection, but objected to the
permanency of the deed restriction, which he believed could render productive agricultural land
fallow.
Extensive discussion ensued.
20
May 11, 2010
Attorney Polackwich suggested that perhaps the policy could be structured in a manner
other than requiring the deed restriction, which tends to be quite permanent and difficult to
remove.
Director Keating affirmed that staff could revise the policy to say a "legal document" and
put in more specificity when the Land Development Regulations are rewritten.
Attorney DeBraal felt that adopting an Ordinance regulating the host plants might work
better than the deed restriction, because the Ordinance can be repealed if no longer needed.
Attorney Polackwich agreed with Director Keating, and said that changing "deed
restriction" to "legal document" would enable the amendments to go forward.
Attorney Barkett supported Attorney DeBraal's suggestion to restrict the host plants by
Ordinance.
The Board CONSENSUS was to amend the wording in
Policy 6.5 as follows: "A deed restriction legal document
acceptable to the County Attorney's office, shall be...on
the subject site. That deed restriction legal document shall
prohibit the occurrence of host plants for either the
Caribbean Fruit Fly or ...The deed restriction legal
document may be structured..."
(Clerk's Note: This change will be incorporated into the Motion to transmit the EAR
based amendments to DCA).
Director Keating addressed Chairman O'Bryan's questions and comments regarding the
Affidavit of Exemptions in Policy 6.5.
21
May 11, 2010
The Chairman invited public comment.
Attorney Barkett suggested that Policy 5.4 of Objective 5 Diversity of Development,
which pertains to mixed-use development of residential and commercial areas, be amended to
allow the developers to put in 50% commercial first, if that makes better financial sense in
today's economy.
Joseph Paladin, President Black Swan Consulting, supported Attorney Barkett's
suggestion, believing that it would give a developer the opportunity to obtain financing, in order
to move ahead with the mixed-use development.
Mr. Johnson felt the mixed-use development would lower property values.
After further discussion, the Board CONSENSUS was to retain the mixed-use policy as
presented.
Seeing no further speakers, the Chairman closed the Public Hearing.
Concluding his presentation, Director Keating requested Board approval to transmit the
EAR based amendments to DCA. He reiterated that the Amendments would be presented for
final approval at a public hearing in August 2010.
Chairman O'Bryan recapped the changes requested by the Board as follows:
1. Strike from RECREATION AND OPEN SPACE ELEMENT -CHAPTER 10,
Policy 9.5., the Quasi -Nonprofit designation of the Cultural Council of Indian
River County.
2. Replace the word "shall" in RECREATION AND OPEN SPACE ELEMENT -
CHAPTER 10, Policy 9.5., with the word "may".
22
May 11, 2010
3. Replace the words "deed restriction" in FUTURE LAND USE ELEMENT -
CHAPTER 2, Policy 6.5 with the words "legal document."
Attorney Polackwich noted that since the requirement to record a "deed restriction"
required in Policy 6.5 was being replaced with a requirement for a "legal document", the word
"recorded" would also need to be stricken.
Commissioner Davis wanted to see a smart policy developed in conjunction with the
issue of the host plants.
Commissioner Wheeler requested staff to develop and return to the Board with a
definition of the term "Quasi -Nonprofit."
ON MOTION by Commissioner Flescher, SECONDED by
Chairman O'Bryan, the Board unanimously approved Resolution
2010-039, approving the transmittal of a proposed Indian River
County Comprehensive Plan EAR based Amendment to the State of
Florida Department of Community Affairs, amending
RECREATION AND OPEN SPACE ELEMENT - CHAPTER 10,
Policy 9.5., 1st sentence, "The County shall consider the Cultural
Council of Indian River County (CCIRC) as the County's designated
cultural agency_ and a Quasi Nonprofit Agency" and Policy 9.5, 2nd
sentence, "In so doing, the Cultural Council shall may annually
submit a funding request to the County..." and amending FUTURE
LAND USE ELEMENT - CHAPTER 2, Policy 6.5, under the 2nd
bullet point, ... "A deed restriction legal document acceptable to the
County Attorney's office, shall be recorded and established on the
subject site. That deed restriction legal document shall prohibit the
23
May 11, 2010
occurrence of host plants for either the Caribbean Fruit Fly or ...The
deed restriction legal document may be structured...".
The Chairman called a break at 12:07 p.m. and reconvened the meeting at 12:22 p.m.,
with all members present.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM FRED MENSING REGARDING BUILDING
PERMITS
Mr. Mensing was absent.
10.B.2. REQUEST TO SPEAK FROM RON O'CONNOR REGARDING INADEQUATE
DRAINAGE SYSTEM AT 13895 122ND STREET
Ron O'Connor, 13995 122nd Street, showed a video regarding an inadequate drainage
system located on a neighboring property at 13895 l2211d Street, which is causing a large volume
of run-off on his property. He stated that this issue has affected him for four years and urged the
Board to require that the owners of the offending property fix their system so drainage no longer
flows onto his property.
After an extensive discussion, with input from County Engineer Chris Kafer and Public
Works Director Christopher Mora, the Board directed staff to locate and check all the culverts at
the subject property, confirm their functionality, and report back to the Board.
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
24
May 11, 2010
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12.B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES NONE
12.D. HUMAN RESOURCES
12.D. 1. HEALTH INSURANCE/EXCESS LOSS REINSURANCE BROKERAGE AND
ACTUARIAL SERVICES — APPROVAL OF CONTRACT BETWEEN GEHRING
GROUP AND INDIAN RIVER COUNTY
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously authorized
the Chairman to execute the contract with Gehring Group
for health insurance and excess loss reinsurance brokerage
services, as recommended in the memorandum of May 3,
2010.
CONTRACT IS 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 B UDGET-NONE
25
May 11, 2010
12.H. RECREATION -NONE
12.1. PUBLIC WORKS
12.1.1. STAFF UPDATE — SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Christopher Mora recapped staff's report (on file) to give the
Board the final Sector 3 Beach Renourishment Project update for this year.
Staff addressed comments and questions from the Board regarding Phase I and Phase II
of the project.
The Board directed staff to ensure that construction of Phase II could begin promptly on
November 1, 2010.
Chairman O'Bryan stated that prior to the construction of Phase II, he wished staff to
have a debriefing meeting to evaluate what was done correctly or incorrectly, and what lessons
were learned. He also wanted staff to get a letter from the Department of Environmental
Protection (DEP) affirming that the sand used by the County met DEP specifications.
12.1.2. WORK ORDER #1 7, APPLIED TECHNOLOGY AND MANAGEMENT INC.,
SECTOR 7 BEACH RESTORATION POST -CONSTRUCTION MONITORING
(SUMMER 2010)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
17, related to the Sector 7 Beach Restoration Project, to
the contract with Applied Technology and Management
26
May 11, 2010
Inc., as recommended in the memorandum of April 27,
2010.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.3. WORK ORDER #16, APPLIED TECHNOLOGY AND MANAGEMENT INC.,
SECTORS 1&2 BEACH RESTORATION, POST -CONSTRUCTION MONITORING
(SUMMER 2010)
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Work Order No.
16 to the contract with Applied Technology and
Management Inc., related to Sector 1 and Sector 2 Beach
Restoration, as recommended in the memorandum of
April 27, 2010.
WORK ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J. UTILITIES SERVICES
12..1.1. CONSTRUCTION OF Two 6" FORCE MAIN BORES UNDER 66TH AVENUE
AND THE RANGELINE CANAL IN CONJUNCTION WITH THE 16TH STREET
PAVEMENT PROJECT No. 9920 FROM 66THAVENUETO 74THAVENUE -
UCP 4053
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously: (1)
approved the project cost of $32,514.84; (2) approved
retaining the Utility Department Labor Contractor, Sheltra
27
May 11, 2010
& Son Construction Co., Inc., for $20,872.50 for labor;
(3) approved the County's purchase of materials in the
amount of $11,142.34; (4) authorized the Chairman to
execute Work Authorization Directive No. 2009-009 for
labor in an amount of $20,872.50; and (5) approved the
line extension fees to be charged to future development to
be served by the force main (as follows), all as
recommended in the memorandum of May 3, 2010.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. FINAL PAYMENT — GRAND HARBOR LLC DEVELOPER'S AGREEMENT FOR
PLACEMENT OF FILL FROM THE SPOONBILL MARSH WETLAND FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute final payment to
Grand Harbor LLC in the amount of $21,300.00, as
recommended in the memorandum of May 5, 2010.
28
May 11, 2010
Development
Area in Acres
Portion of Total
Line Extension
Fee
1.
MJS Vero Land LLC
19.26
0.2425692
$21,588.27
2.
Laurel Homes Inc.
29.83
0.3756926
$33,436.03
3.
Leer Kathryn C
11.07
0.1394206
$12,408.20
4.
Williams Geraldine, M Ozgowicz
2.22
0.0279596
$ 2,488.36
5.
District BD of TR IRCC
2.00
0.0251889
$ 2,241.77
6.
State Hwy 60/Kings Hwy LLC
14.48
0.1823677
$16,230.43
7.
Terry R. Lyndell R Fleming
0.54
0.0068010
$ 605.28
TOTAL
79.40
1.0000000
$ 88,998.34
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.12. FINAL PAYMENT — GRAND HARBOR LLC DEVELOPER'S AGREEMENT FOR
PLACEMENT OF FILL FROM THE SPOONBILL MARSH WETLAND FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
and authorized the Chairman to execute final payment to
Grand Harbor LLC in the amount of $21,300.00, as
recommended in the memorandum of May 5, 2010.
28
May 11, 2010
12.J.3. OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL MARSH
WETLAND FACILITY
Director of Utility Services Erik Olson reviewed the memorandum of April 26, 2010 to
provide details on the Oyster Colonization Pilot Program. He divulged that the oysters would
play an important role in cleaning the lagoon water, and that if successful, the program could
become part of a sustainable long-term aquaculture program.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
and authorized the Sembler and Sembler, Inc. Oyster
Colonization Pilot Program proposal in the amount of
$13,964.00 as recommended in the memorandum of April
26, 2010.
12..14. SPOONBILL MARSH WETLAND FACILITY— CHANGE ORDER NO. 5 TO
TIMOTHY ROSE CONTRACTING, INC. FOR SEDIMENTATION BASIN DEBRIS
SCREEN
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously approved
and authorized the Chairman to execute Change Order No.
5 to Timothy Rose Contracting, Inc. for a sedimentation
basin debris screen at the Spoonbill Marsh Wetland
Facility, in the amount of $51,681.12, as recommended in
the memorandum of May 5, 2010.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
29
May 11, 2010
13. COUNTY ATTORNEY MATTERS
13.A. SHARK BAITING/CHUMMING DISCUSSION
(Clerk's Note: Please see Item S.E. Presentation by Richard Grant Gilmore, Jr., PhD,
for discussion).
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
ADDITION: 14.E.1. DISCUSSION ON HOLDING A WORKSHOP WITH THE CITY OF
VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES TO Discuss
COUNTYWIDE CONSOLIDATION OF WATER/SEWER/IRRIGATION (WSI)
UTILITY SERVICES
Commissioner Wheeler wished to invite the City of Vero Beach and the Town of Indian
River Shores to another Joint Meeting, such as the one held on October 15, 2009, to determine
whether there is interest in moving forward with the possible consolidation of water, sewer, and
reuse water services. He noted that the County Commission and two Municipalities could meet
30
May 11, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:38
p.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: JUN 0 8 2010
BCC/MG/2010Minutes
32
May 11, 2010
APPENDIX A
Comprehensive Plan
e ? 1.
Recreation and Open Space Element
' - -
and where the fee can be effectively implemented.
1, as part of its user fcc program, develop a method to subsidize
recreation user fees for low income residents so that there will be minimal effects of user fees on
participation at sites or programs.
.•
organizations will exceed by 20% the number of activities and events sponsored in 2001. The
OBJECTIVE 9: Arts and Cultural Programs
By 2012, the county will have a comprehensive cultural plan for the county (this plan will be
developed by the Cultural Council of Indian River County (CCIRC)).
Polic 11.1: The County may support cultural activities by providing financial support through
Policy 9.1: By 2012, the county shall participate with the Cultural Council of Indian River County in
developing a comprehensive cultural plan for the county and shall encourage public/private
partnerships, as appropriate.
Policy 11.2 The County shall support cultural organizations' (as defined by TNTEEM or other
cdcral, and private foundation grants. The County's
Community Development Department
Indian River County 53
Comprehensive Plan
Recreation and Open Space Element
POLICY 10.3: The county shall identify state and federal recreation grant programs. When
•
number of activities in 2001 will be identified in a report titled "America for the Arts Economic
Impact Study" to be published in 2002. "The National Taxonomy of Exempt Entities Manual"
OBJECTIVE 9: Arts and Cultural Programs
By 2012, the county will have a comprehensive cultural plan for the county (this plan will be
developed by the Cultural Council of Indian River County (CCIRC)).
Poli y 11.1: The County may support cultural activities by providing financial support through
Policy 9.1: By 2012, the county shall participate with the Cultural Council of Indian River County in
developing a comprehensive cultural plan for the county and shall encourage public/private
partnerships, as appropriate.
Policy 11.2 The County shall suppert culal -organizations' (as dcfined by TNTEEM or other
Community Development Department
Indian River County 53
Comprehensive Plan
Recreation and Open Space Element
Policy 9.2: The County shall, when possible, support cultural and heritage activities by providing
financial support through tourist tax revenue.
Pol'cy 11.3 The County shall consider arts and cultural activity funding requests only for
• detailed information about the organization's accomplishments during the last fiscal year,
• detailed budget information pertaining to any funds that the organization is requesting;
• the organization's proposed goals and activities for the upcoming fiscal year; and
• a copy of the organization's most recent audit, if applicable.
Policy 9.3: The County shall cooperate with the CCIRC to establish a program for art in public
places. This will involve the coordination, administration and display of loaned, local artwork in
appropriate public buildings and open spaces.
Polic 11.4 The County shall support cultural programs and events by allowing the use of County
Policy 9.4: The County shall support the sale of the "State of the Arts" License plates promoted by
the Cultural Council of Indian River County. The CCIRC, as the County's designated Local Arts
Agency, will receive and dispense funds related to the sales of the Arts License Plates, as required.
Pofcy 11.5 The Board of County Commissioners will annually pass a resolution recognizing
October as National Arts and Humanities Month.
Policy 9.5: The County shall consider the Cultural Council of Indian River County (CCIRC) as the
county's designated cultural agency and a Quasi -Nonprofit Agency. As such, the Cultural Council
shall represent the various arts and culture groups in the County, serving as a liaison for all cultural
requests to the county. In so doing, the Cultural Council shall annually submit a funding request to
the county on behalf of the county's arts and culture organizations. That funding request shall
include the following information:
• Detailed information about the organization's accomplishments during the last fiscal year,
specifically as related to funding received from the county.
• Detailed budget information pertaining to any funds that the organization is requesting;
• The organization's proposed goals and activities for the upcoming fiscal year; and a copy of
the organizations most recent audit, if applicable.
Community Development Department
Indian River County 54
Comprehensive Plan Recreation and Open Space Element
Policy 9.6: Through the Cultural Council, the County shall support cultural and heritage
organizations' applications for state, federal and private foundation grants. The county's support may
include providing customized demographic information, leveraging the County's grant eligibility,
providing letters of support, and providing other support as appropriate.
Policy 9.7: The county shall assist the Cultural Council with the dissemination of a calendar of
cultural events in Indian River County prepared by the CCIRC. This assistance will involve making
information available at government facilities.
Policy 9.8: The county will assist the Cultural Council in providing avenues for nonprofit and artist
networking such as:
A. Providing workshops, seminars and one-on-one assistance for cultural organizations,
artists and educators to enhance their effectiveness, viability and long-term survival.
B. Promoting the use of its web -based tools to support and facilitate business transactions
within the cultural community.
C. Providing opportunities for cultural leaders of all kinds to meet and learn from each
other, creating networks that foster collaboration and cooperation.
Policy 9.9: The Board of County Commissioners shall, upon request by the CCIRC, designate
October of each year as National Arts and Humanities month.
Community Development Department Indian River County 55