HomeMy WebLinkAbout06/15/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 15, 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 8.C. TO ITEM 5.C. PROCLAMATIONS AND PRESENTATIONS 2
MOVE : ITEM 8.I. TO ITEM 12.D.1. HUMAN RESOURCES 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. UPDATE FROM ASSISTANT COUNTY ADMINISTRATOR, MICHAEL ZITO,
REGARDING PARKS AND RECREATION FACILITIES MARKETING PLAN 2
5.B. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE DEEPWATER HORIZON OIL SPILL 3
5.C. PROCLAMATION HONORING JAMES T. (DUTCH) PERRY ON HIS RETIREMENT
FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE 4
6. APPROVAL OF MINUTES 4
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June 15, 2010
6.A. JOINT WORKSHOP WITH PLANNING AND ZONING COMMISSION OF APRIL 19,
2010 EAR BASED AMENDMENTS TO COMPREHENSIVE PLAN 4
6.B. REGULAR MEETING OF MAY 4, 2010 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION -NONE 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES, MAY 28, 2010 TO JUNE 3, 2010 5
8.B. RETENTION OF EXPERTS FOR EMINENT DOMAIN CASES WILLIAM BETHEL,
BUSINESS CLAIMS EXPERT 5
8.C. PROCLAMATION HONORING JAMES T. (DUTCH) PERRY ON HIS RETIREMENT
FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE 6
8.D. FINAL PAYMENT TO CAMP, DRESSER & MCKEE FOR BIOSOLIDS DEWATERING
FACILITY - UCP -2697 6
8.E. APPROVAL OF BID AWARD FOR IRC BID NO. 2010045, GIFFORD COMMUNITY
CENTER BUILDING REPAIRS 6
8.F. SENIOR RESOURCE ASSOCIATES (SRA) TRANSIT FACILITY 7
8.G. KENNETH AND SHIRLEY BERRY'S REQUEST FOR PARTIAL RELEASE OF AN
EASEMENT AT 760 12TH PLACE SW (VERO BEACH HIGHLANDS UNIT 3) 8
8.H. FINAL PAY TO SCHULKE, BITTLE & STODDARD FOR CONTINUING CONSULTING
SERVICES FOR WORK ORDER No. 12 FOR ENGINEERING DESIGN, SURVEYING
AND CONSTRUCTION ADMINISTRATION SERVICES FOR SHELL LANE EAST
GRAVITY SEWER ASSESSMENT, WIP No. 473-169000-10501, BID NUMBER
2010023 - UCP #4039 8
8.I. BLUE CROSS BLUE SHIELD OF FLORIDA - ADMINISTRATIVE SERVICES
AGREEMENT - JULY 1, 2010 - SEPTEMBER 30, 2013 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 9
10. PUBLIC ITEMS 9
10.A. PUBLIC HEARINGS -NONE 9
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June 15, 2010
10.B. PUBLIC DISCUSSION ITEMS 9
10.B. 1 . REQUEST TO SPEAK FROM WALTER GEIGER, TAXPAYERS' ASSOCIATION OF
INDIAN RIVER COUNTY, REGARDING FIRE/RESCUE OVERTIME PAY 9
10.B.2. REQUEST TO SPEAK FROM FRANK L. ZORC, REGARDING FUTURE BEACH SAND
RENOURISHMENT USING TAX DOLLARS - REQUEST FOR COUNTY -WIDE
REFERENDUM 10
10.B.3. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN
HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF
VERO BEACH ELECTRIC UTILITY 10
10.C. PUBLIC NOTICE ITEMS 12
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 22, 2010: 12
CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION (LEGISLATIVE) 12
10.C.1.2. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 22, 2010. 13
WAUREGAN BOAT CLUB'S REQUEST FOR ABANDONMENT OF A PORTION OF 133RD PLACE
BETWEEN 83RD AVENUE AND THE ST. SEBASTIAN RIVER (LEGISLATIVE) 13
11. COUNTY ADMINISTRATOR MATTERS 13
11.A. APPEAL OF DECISION OF COUNTY ADMINISTRATOR (QUASI-JUDICIAL) 13
12. DEPARTMENTAL MATTERS 15
12.A. COMMUNITY DEVELOPMENT 15
12.A.1. REQUEST FROM GROVE ISLE AT VERO BEACH CONDOMINIUM ASSOCIATION TO
DELETE THE SITE PLAN APPROVAL CONDITION REQUIRING MAINTENANCE OF
THE NAVIGABILITY OF THE CANAL LYING BETWEEN GROVE ISLE AND RIVER
SHORES AND TO RELEASE AND TERMINATE GROVE ISLE'S COVENANT WITH THE
COUNTY TO MAINTAIN CANAL NAVIGABILITY 15
12.A.2. BOARD CONSIDERATION OF PETER TYSON'S REQUEST FOR CONCEPTUAL
APPROVAL OF PROPOSED CHANNEL RESTORATION AT HEAD COVE/HEAD
ISLAND (A.K.A. THE GREEN SALT MARSH LAAC SITE) WEST OF ST.
CHRISTOPHER HARBOR SUBDIVISION 17
12.A.3. REQUEST TO ENTER INTO A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT
WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND A REVISED
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June 15, 2010
12.B. EMERGENCY SERVICES -NONE 19
12.C. GENERAL SERVICES -NONE 19
12.D. HUMAN RESOURCES 19
12.D.1. BLUE CROSS BLUE SHIELD OF FLORIDA - ADMINISTRATIVE SERVICES
AGREEMENT - JULY 1, 2010 - SEPTEMBER 30, 2013 19
12.E. HUMAN SERVICES -NONE 20
12.F. LEISURE SERVICES -NONE 21
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 21
12.H. RECREATION -NONE 21
12.I. PUBLIC WORKS -NONE 21
12.J. UTILITIES SERVICES 21
12.J.1. CROSS CONNECTION CONTROL DATA MANAGEMENT: COUNTY RFP BID NO.
2010031, BID REVIEW & STAFF RECOMMENDATION 21
12.J.2. POSTPONE RECLAIMED WATER RATE INCREASE UNTIL JANUARY 1, 2010 2011 22
13. COUNTY ATTORNEY MATTERS 23
13.A. SHARK BAITING, CHUMMING AND FISHING 23
14. COMMISSIONER ITEMS 25
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 25
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 25
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 26
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 26
14.E. COMMISSIONER GARY C. WHEELER -NONE 26
15. SPECIAL DISTRICTS AND BOARDS 26
1 5.A. EMERGENCY SERVICES DISTRICT -NONE 26
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 26
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 26
16. ADJOURNMENT 27
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June 15, 2010
JEFFREY K. BARTON
Clerk to the Board
June 15, 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, June 15, 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
Jeffrey R. Smith, Chief Deputy Clerk of Circuit Court, delivered the Invocation.
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June 15, 2010
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher 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 8. C. TO ITEM 5. C. PROCLAMATIONS AND PRESENTATIONS
MOVE : ITEM 8.I. TO ITEM 12.D.1. HUMAN RESOURCES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. UPDATE FROM ASSISTANT COUNTY ADMINISTRATOR, MICHAEL ZITO,
REGARDING PARKS AND RECREATION FACILITIES MARKETING PLAN
Assistant County Administrator Michael Zito provided a PowerPoint presentation (on
file) outlining marketing strategies for the Fairgrounds and Exposition Center, and the North
County Aquatic Center. He said staffs primary goal was website development, optimization,
and promotion; outlined some of the dedicated websites already existing for some of the
recreational facilities; and invited Scott Johnson, the County's webmaster, to discuss two new
dedicated websites, which will be an integral tool for generating business at the Fairgrounds and
North County Aquatic Center.
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June 15, 2010
Mr. Johnson used the PowerPoint to display and describe the two aforementioned
websites, Expofairflorida.com, and SwimTrainFlorida.com. Mr. Johnson noted that the focus of
the Aquatic Center's site was to attract into the County, swim meet competitions from outside
the state. He explained that the dedicated websites were a departure from the usual government
websites, and that staff was going to continue this trend with all the stand-alone County facilities,
including both pools, the golf course, the shooting range, and the non -revenue generating
facilities, such as parks and conservation lands, to show the public what the County has to offer.
Commissioner Davis wished to see a tracking mechanism established to evaluate the
success of the websites, and also wanted to be sure hyperlinks to the County's facilities would be
situated on pertinent websites.
Chairman O'Bryan requested that staff establish some type of clearing house to ensure
that events which are booked at the County facilities are well-publicized.
S.B. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING
REGARDING THE DEEPWATER HORIZON OIL SPILL
Emergency Services Director John King, through a PowerPoint Presentation (on file),
provided an update on Day 57 of the Deepwater Horizon oil spill in the Gulf of Mexico.
Director King stated the majority of impacts to Florida's shorelines would occur as tar balls, oil
sheens, and tar mats or mousse. He described the areas which have been impacted by the spill,
which include the Florida Panhandle, and outlined the mitigation efforts of the State and
preemptive actions being taken by staff. Director King advised that Florida beaches still remain
open, and reported that further information can be obtained at the Florida Oil Spill Information
Line at 1-888-337-3569 and DEP's website at www.dep.state.fl.us/deepwaterhorizon. Volunteer
information can be found at www.VolunteerFlorida.org, or by calling British Petroleum's (BP's)
information line at 866-448-5816.
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June 15, 2010
5.C. PROCLAMATION HONORING JAMES T. (DUTCH) PERRY ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE
Chairman O'Bryan read and presented the Retirement Award and Proclamation to James
T. (Dutch) Perry.
6. APPROVAL OF MINUTES
O.A. JOINT WORKSHOP WITH PLANNING AND ZONING COMMISSION OF APRIL
19, 2010 EAR BASED AMENDMENTS TO COMPREHENSIVE PLAN
6.B. REGULAR MEETING OFMAY4, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the April
19, 2010 Joint Workshop with the Planning and Zoning Commission, or to the Minutes of the
Regular Meeting of May 4, 2010. There were none.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Joint Workshop with the Planning and
Zoning Commission of April 19, 2010 EAR Based
Amendments to the Comprehensive Plan, and the
Minutes of the Regular Meeting of May 4, 2010, as
written.
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June 15, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION -NONE
8. CONSENT AGENDA
Vice Chairman Solari requested Item 8.E. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, MAY 28, 2010 TO JUNE 3, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of May 28, 2010 to June 3,
2010, as requested in the memorandum of June 3, 2010.
8.B. RETENTION OF EXPERTS FOR EMINENT DOMAIN CASES WILLIAM
BETHEL, BUSINESS CLAIMS EXPERT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
retaining Donald W. Hendry, CPA, of the firm of Hendry
and Company, PA, at the rate of $175.00 per hour, and
authorized the County Administrator to execute a contract
with Mr. Hendry under his delegated authority pursuant to
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June 15, 2010
IRC Code, Section 105.01, as recommended in the
memorandum of June 8, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.C. PROCLAMATION HONORING JAMES T. (DUTCH) PERRY ON HIS
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE
Moved to Item 5.C.
8.D. FINAL PAYMENT TO CAMP, DRESSER & MCKEE FOR BIOSOLIDS
DEWATERING FACILITY — UCP -2697
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
payment for Work Order No. 2 to Camp, Dresser &
McKee for a final payment of $2,537.50, as recommended
in the memorandum of June 1, 2010.
8.E. APPROVAL OF BID AWARD FOR IRC BID No. 2010045, GIFFORD
COMMUNITY CENTER BUILDING REPAIRS
General Services Director Thomas Frame addressed Vice Chairman Solari's inquiry
regarding the estimated allocation of funds for completion of the remaining repairs at the Gifford
Community Center.
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June 15, 2010
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved the Bid Award to A. Thomas Construction, Inc.,
as the lowest and most responsive bidder meeting the
specifications as set forth in the Invitation to Bid; (2)
approved the Sample Agreement; and (3) authorized the
Chairman to execute said agreement after receipt and
approval of the Certificate of Insurance and after the
County Attorney has approved the agreement as to form
and legal sufficiency, all as recommended in the
memorandum of June 3, 2010.
8.F. SENIOR RESOURCE ASSOCIATES (SRA) TRANSIT FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
affirmed the approach outlined by staff for construction of
the Senior Resource Associates (SRA) Bus Transit
Facility — approving, once construction has been
completed, for staff to present an as -built drawing
depicting the specific amount of building encroachment;
and (2) directed staff to submit a revised lease to have a
modified legal description providing for all buildings to be
contained within the boundary description of the lease as
modified, all as stated and recommended in the
memorandum of June 9, 2010.
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June 15, 2010
8.G. KENNETH AND SHIRLEY BERRY'S REQUEST FOR PARTIAL RELEASE OF AN
EASEMENT AT 760 12TH PLACE SW (VERO BEACH HIGHLANDS UNIT 3)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-049, releasing a portion of an easement
on Lot 2, Block 78, Vero Beach Highlands Subdivision
Unit 3.
8.H. FINAL PAY TO SCHULKE, BITTLE & STODDARD FOR CONTINUING
CONSULTING SERVICES FOR WORK ORDER No. 12 FOR ENGINEERING
DESIGN, SURVEYING AND CONSTRUCTION ADMINISTRATION SERVICES
FOR SHELL LANE EAST GRAVITY SEWER ASSESSMENT, WIP No. 473-
169000-10501, BID NUMBER 2010023 - UCP #4039
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) the total amount of engineering services of $13,653.47
to Schulke, Bittle and Stoddard, LLC; and (2) Final
Invoice Number 09-069-8, for a total amount of $800.00,
as recommended in the memorandum of June 2, 2010.
8.1. BLUE CROSS BLUE SHIELD OF FLORIDA —ADMINISTRATIVE SERVICES
AGREEMENT — JULY 1, 2010 - SEPTEMBER 30, 2013
Moved to Item 12.D.1.
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June 15, 2010
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
/0.A. PUBLIC HEARINGS -NONE
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM WALTER GEIGER, TAXPAYERS'
ASSOCIATION OF INDIAN RIVER COUNTY, REGARDING FIRE/RESCUE
OVERTIME PAY
Walter Geiger, 3944 58th Circle, representing the IRC Taxpayers Association, addressed
the Board regarding the shortfall in the County's budget. He believed the deficit could be
diminished by $1 million by having less fire rescue personnel at the slower fire stations; by the
reduction of overtime by 50%; and through the elimination of step increases.
Commissioner Davis advised Mr. Geiger that the scheduled Budget Workshops would
begin on July 14, 2010.
Chairman O'Bryan acknowledged that staff would explore every possible means to try to
find some savings, and that discussion would ensue with the firefighters regarding the step
increases.
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June 15, 2010
10.B.2. REQUEST TO SPEAK FROM FRANK L. ZORC, REGARDING FUTURE
BEACH SAND RENOURISHMENT USING TAX DOLLARS — REQUEST FOR
COUNTY -WIDE REFERENDUM
(Clerk's Note: This item was heard following Item 10.B.3., and is placed here for
continuity).
Frank Zorc, 1695 20th Avenue, read from a letter addressed to County officials (on file)
regarding the negative effects of beach renourishment projects. He requested a copy of any
public records establishing when the City authorized the County to pump sand on all of the
beaches. He wanted the public officials to take a stand on this issue, and also requested the
Board give the voters a chance to vote on the issue by referendum.
Vice Chairman Solari advised Mr. Zorc that the next beach restoration project was three
years away, which would allow sufficient time for the candidates to state their positions on this
issue.
10.B.3. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
Brian Heady, City of Vero Beach Council Member (speaking in his capacity as a
citizen), acknowledged that the City Council has not yet responded to requests for a joint
meeting with the County on the electric utility issues. He requested that the Board set up the
meeting for any City Council Members who wished to attend, and affirmed that he, as a Council
Member, would attend the meeting.
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June 15, 2010
Chairman O'Bryan did not feel it appropriate to call a meeting at this time, as the City
had declined the invitation (which had been extended to them personally by Vice Chairman
Solari) to attend the meeting.
Concluding his presentation, Mr. Heady addressed the Board on a different matter,
requesting that the Board place on November's ballot a non-binding item to see how the public
feels about future sand renourishment projects.
A brief discussion ensued.
Vice Chairman Solari wanted to know if Mr. Heady had received any financial analysis
to support the City's decision to repeal the increase in sewer and water rates.
Mr. Heady stated he had received no analysis, and explained why he was opposed to the
rate repeal.
Commissioner Davis expressed a willingness to meet with all the municipalities,
subsequent to receiving further information from the County Attorney regarding what the
franchise agreements entail, and who owns the infrastructure.
Attorney Polackwich affirmed that working on this issue is a priority, and revealed that
he was gathering information, as well as requesting additional records from the City.
Tracy Carroll, Live Oak Road, Chairman of Operation Clean Sweep, stated that her
organization was trying to get enough signed petitions to have an item placed on the November
ballot requiring the City of Vero Beach to accept an offer to sell the Electric Utility, provided it
covers all utility debt. She reported that the petitions are available at sellveroelectric.com, and at
Operation Clean Sweep's facebook page at http://www.facebook.com/pages/Operation-Clean-
Sweep/118862941467091.
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June 15, 2010
Charles Wilson, Vero Beach, suggested that the Commissioners designate a Board
Member to serve as the County's liaison with FPL. He also advocated having the Board send a
written request to FPL asking them for a public briefing.
Mr. Heady noted that an open forum between the City of Vero Beach and FPL was
tentatively scheduled for July 20, 2010, and voiced that it would be more appropriate for the
Commissioners to attend that meeting, than approach FPL at this point.
J. Rock Tonkel, Grand Harbor, stated that John Lee, Acting Director of Vero Beach
Electric Utility, had indicated that there would be no favorable change in the rate structure for
the utility customers. He urged the Board to take any possible steps to see that an agreement
between the City and FPL is finally executed.
Commissioner Wheeler remarked it was important to get the City's perspective on this
matter, and was dismayed that in spite of the County's invitations, no joint meetings with the
City had occurred. He suggested that the Chairman appoint one Commissioner -liaison to the
Vero Beach City Council, for the purpose of obtaining information on the status of the Electric
Utility.
Commissioner Davis suggested having the Chairman designate two Commissioner -
liaisons - one for the water/sewer/wastewater issue, and one for the electric utility issue.
Chairman O'Bryan stated that he would bring this matter back under Commissioners'
Items on the June 15, 2010 agenda.
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 22, 2010:
CONSIDER ADOPTION OF AN ORDINANCE ESTABLISHING AN ECONOMIC
DEVELOPMENT AD VALOREM TAX EXEMPTION (LEGISLATIVE)
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June 15, 2010
10. C.1.2. NOTICE OF SCHEDULED PUBLIC HEARING JUNE 22, 2010:
WAUREGAN BOAT CLUB'S REQUEST FOR ABANDONMENT OF A PORTION
OF 133RD PLACE BETWEEN 83RD AVENUE AND THE ST. SEBASTIAN RIVER
(LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr. read the notices into the record.
The Chairman called a break at 10:15 a.m. and reconvened the meeting at 10:30 a.m.,
with all members present.
11. COUNTY ADMINISTRATOR MATTERS
11.A. APPEAL OF DECISION OF COUNTY ADMINISTRATOR (QUASI-JUDICIAL)
Scott R. Sanders, P.E., 725 61St Avenue, representing Patrick McCalister, provided
background information on his client's appeal of the County Administrator's decision supporting
staff's conclusion to not allow the installation of High Density Polyethylene (HDPE) pipe (a.k.a.
A.D.S. pipe) in the drainage ditch in front of Mr. McCalister's residence on 26th Avenue. He
provided a handout containing data on various types of culvert pipe (on file), after which he
rebutted the concerns which were outlined by staff in the February 19, 2010 letter advising Mr.
McCalister of the current policy prohibiting the use of HDPE pipe in County -maintained right—
of—ways. Mr. Sanders stated that there is no evidence for disallowing this product, and requested
the Board either allow Mr. McCalister to put in the HDPE pipe, or have the culvert pipe installed
using County labor and materials.
Tom Lowther, Vero Beach, who has been involved in this project, spoke to the benefits
of using the HDPE pipe.
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June 15, 2010
Public Works Director Chris Mora, used a PowerPoint Presentation (on file) to provide
background on Mr. McCalister's request to re -pipe with HDPE pipe, a swale in front of his
house, from which County staff had removed a substandard PVC pipe. He outlined staffs
concerns on the HDPE pipe, and upheld the recommendation to allow only concrete or metal
stormwater pipes within the County right-of-ways. Director Mora acknowledged that staff was
willing to try the pipe in certain circumstances, but did not feel that residential application was a
good usage.
Director Mora, with assistance from County Engineer Chris Kafer, addressed a series of
questions posed by the Board regarding FDOT and County regulations; Mr. McCalister's
specific job; and the costs for utilizing the HDPE versus other types of pipe. Staff also provided
extensive information and analysis regarding the performance characteristics of the HDPE pipe.
A broad -ranging discussion ensued, during which the Board and staff considered what
would be the best methods for making the HDPE pipe suitable for residential roadways.
The Board CONSENSUS was to direct staff to draft and
bring back for Board consideration some specifications for
using the HDPE pipe for residential applications. The
specifications should include mandatory boxed ends
(headwalls); ensuring that the pipe is three years of age or
less; and making sure the pipe is compacted properly, with
the invert positioned evenly.
Commissioner Davis asked if there was a way for Mr. McCalister to put the pipe in now,
and not to have to wait until staff develops the standards.
Director Mora affirmed that the aforementioned standards could be applied to the permit
application for Mr. McCalister, and that staff would subsequently follow up with drafting the
new standards for residential use of the HDPE pipe.
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June 15, 2010
ON MOTION BY Commissioner Davis, SECONDED by
Chairman Flescher, the Board GRANTED Patrick
McCalister's appeal of the County Administrators'
decision to uphold the determination of the Public Works
Director to not approve High Density Polyethylene
(HDPE) pipe for installation in the drainage ditch in front
of Mr. McCalister's residence at 775 26th Avenue; and
authorized staff to issue a permit for Mr. McCalister to
install High Density Polyethylene Pipe (HDPE) in the
aforementioned drainage ditch, subject to the following
conditions: the HDPE pipe must have headwalls, be no
older than three years old, and be compacted properly,
with the invert positioned evenly.
The Chairman called a break at 12:03 p.m., and reconvened the meeting at 12:15 p.m.,
with all members present.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FROM GROVE ISLE AT VERO BEACH CONDOMINIUM
ASSOCIATION TO DELETE THE SITE PLAN APPROVAL CONDITION
REQUIRING MAINTENANCE OF THE NAVIGABILITY OF THE CANAL
LYING BETWEEN GROVE ISLE AND RIVER SHORES AND TO RELEASE
AND TERMINATE GROVE ISLE'S COVENANT WITH THE COUNTY TO
MAINTAIN CANAL NAVIGABILITY
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June 15, 2010
Planning Director Stan Boling used a PowerPoint Presentation (on file) to provide
background and analysis on the request from Grove Isle at Vero Beach Condominium
Association for the Board to release them from a site plan approval condition and a covenant
with the County to maintain navigability of the canal situated between Grove Isle and the River
Shores Community. He described the proposed settlement and presented staff's
recommendation to approve the Settlement Agreement, delete the site plan approval maintenance
condition, and authorize the Chairman to execute the appropriate documents to terminate and
release Grove Isle's canal maintenance covenant to the County.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to approve staff's
recommendation.
Attorney Polackwich confirmed for Chairman O'Bryan that only the River Shores
homeowners of Lots 1-16 would be impacted by the Settlement Agreement.
During discussion, the Board expressed concerns about finding a way to codify into
perpetuity the condition requiring the River Shores homeowners to maintain the Canal.
Attorney Polackwich recommended that a copy of the Settlement Agreement between
Grove Isle and River Shores be attached to the Release from Covenant to Maintain, when the
document is recorded in the Public Records.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to include
direction to the County Attorney to attach a copy of the
Settlement Agreement between Grove Isle and River
Shores, when the Release from Covenant to Maintain is
recorded in the Public Records.
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June 15, 2010
The Chairman CALLED THE QUESTION, and the
Amended Motion carried. The Board unanimously: (1)
approved the Settlement Agreement with Grove Isle of
Vero Beach Condominium Association, Inc., and River
Shores; (2) deleted Grove Isle's site plan approval
condition requiring maintenance of canal navigability; (3)
authorized the Chairman to execute the document (Release
from Covenant to Maintain) to terminate and release
Grove Isle's covenant to the County to maintain canal
navigability; and (4) directed the County Attorney to
attach a copy of the Settlement Agreement between Grove
Isle and River Shores to the Release from Covenant to
Maintain, when the latter document is recorded in the
Public Records.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.A.2. BOARD CONSIDERATION OF PETER TYSON'S REQUEST FOR
CONCEPTUAL APPROVAL OF PROPOSED CHANNEL RESTORATION AT
HEAD COVE/HEAD ISLAND (A.K.A. THE GREEN SALT MARSH LAAC
SITE) WEST OF ST. CHRISTOPHER HARBOR SUBDIVISION
Chief of Environmental Planning and Code Enforcement Roland DeBlois used a
PowerPoint Presentation (on file) to present description and conditions of Peter Tyson's proposal
to restore the channel between Head Island and the Barrier Island to allow for passage to deep
water from St. Christopher Harbor. He relayed that the County Conservation Lands Advisory
Committee (CLAC) has reviewed the proposal, and along with staff, unanimously recommends
conceptual approval, with the conditions outlined in staff's report (see page 169 of the backup).
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June 15, 2010
Peter Tyson, Island Drive, Vero Beach, representing the St. Christopher Harbor
Homeowners' Association, confirmed the need for the channel and responded to questions from
Vice Chairman Solari regarding what agencies would be overseeing the environmental aspects of
the channel restoration.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
the proposed channel restoration project at Head Island
(a.k.a. the Green Salt Marsh LAAC Site) west of St.
Christopher Harbor Subdivision, contingent upon approval
from jurisdictional permitting agencies, proper removal
and disposal of dredged materials, and installation of
appropriate navigation and manatee protection signage, as
recommended in the memorandum of June 4, 2010.
12.A.3. REQUEST TO ENTER INTO A COUNTY INCENTIVE GRANT PROGRAM
AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND A REVISED INTERLOCAL AGREEMENT WITH THE CITY OF VERO
BEACH FOR IMPROVEMENTS TO A VIA TION BOULEVARD
Staff Director of the Metropolitan Planning Organization (MPO) Phillip Matson used a
PowerPoint Presentation (on file) to provide description and conditions on the Aviation
Boulevard Project, which is eligible for funding through FDOT's Intermodal Projects Program.
He thereafter presented staff's recommendation: (1) to re-enter into a County Incentive Grant
Program Agreement with the Florida Department of Transportation (FDOT) for partial funding
of the Aviation Boulevard improvements; and (2) to approve the updated Interlocal Agreement
with the City of Vero Beach for completion of the Aviation Boulevard design and construction.
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June 15, 2010
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Commissioner Davis preferred, if possible, to landscape the median along the Boulevard
with oak trees, rather than palms.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved: (1)
Resolution 2010-050, approving a County Incentive
Program Agreement with the Florida Department of
Transportation for roadway widening and intermodal
improvements to Aviation Boulevard at the Vero Beach
Airport; and (2) the amended Interlocal Agreement with
the City of Vero Beach for completion of the Aviation
Boulevard design and construction.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12. B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES -NONE
12.D. HUMAN RESOURCES
12.D. 1. BLUE CROSS BLUE SHIELD OF FLORIDA —ADMINISTRATIVE SERVICES
AGREEMENT — JULY 1, 2010 - SEPTEMBER 30, 2013
(Clerk's Note: Item 8.1 was moved to 12.D.1., under Item 4)
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June 15, 2010
Director of Human Resources Jim Sexton reported that this item was moved from the
Consent Agenda, Item 8.I., because Attorney Polackwich had revised some language in Exhibit
"D", the Confidentiality and Indemnity Agreement of the Administrative Services Agreement.
He advised that Blue Cross and other stakeholders had been sent the revised document, and
requested that the Board approve the following: (1) the Amendment to the Administrative
Services Agreement with Exhibit "B" (Financial Arrangements); and (2) Exhibit "D", contingent
upon the stakeholders' approval of Attorney Polackwich's revision.
Attorney Polackwich outlined the aforementioned revisions to Exhibit "D" of the
Administrative Services Agreement.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Amendment to the Administrative Services Agreement
with Exhibit "B", Financial Arrangements/Banking
Arrangement.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
authorized the County Administrator to execute the 3 -year
Administrative Services Agreement and corresponding
Exhibit "D", Confidentiality Agreement with Blue Cross
and Blue Shield of Florida, Inc., as amended by the
County Attorney, and contingent upon the approval of the
other parties.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.E. HUMAN SERVICES -NONE
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June 15, 2010
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.1E RECREATION -NONE
12.1. PUBLIC WORKS -NONE
12.1. UTILITIES SERVICES
12.1.1. CROSS CONNECTION CONTROL DATA MANAGEMENT: COUNTY RFP BID
No. 2010031, BID REVIEW & STAFF RECOMMENDATION
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve
staff's recommendation to cancel the bid to establish
Cross Connection Control Data Management Services.
Director of Utility Services Erik Olson provided background on the need for Cross
Connection Control Data Management Services, explaining that it is a program for data
collection pertaining to the inspection of the water protection devices used by water purveyors.
He reported that inspections of the devices must be done annually, and that the County would
save $8,000 to $10,000 by going to a new electronic tracking mechanism, as opposed to
accepting the lowest bid for the data management services.
Discussion ensued wherein Director Olson addressed Chairman O'Bryan's queries on
violation letters and the costs to the purveyor for the annual inspections.
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June 15, 2010
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
canceling the bid to establish Cross Connection Control
Data Management Services, to explore the more
economical method of data collection, as recommended in
the memorandum of May 26, 2010.
12.J.2. POSTPONE RECLAIMED WATER RATE INCREASE UNTIL JANUARY 1, 2-01-0
2011
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-051, amending Resolution No. 2010-
014, which adopted rates, fees and charges for the
Department of Utility Services, amending the reclaimed
water rate per one thousand (1,000) gallons and creating a
onetime dump fee for sludge and septage for recreation
vehicles. First by amending the reclaimed water rates —
per 1,000 gallons from $0.15 to $0.60 to begin January 1,
2011 and to be increased annually for four years beginning
on January 1, 2012, by $0.07 per thousand gallons per
year. Thereby, creating rates annually of $0.60 per
thousand gallons, $0.67 per thousand gallons, $0.74 per
thousand gallons, $0.81 per thousand gallons and ending
$0.88 per thousand; and, creating a onetime dump fee per
recreational vehicle for septage and sludge of $10.00 per
dump.
Director Olson responded to Chairman O'Bryan's questions pertaining to golf courses
and their usage of the reclaimed water.
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June 15, 2010
13. COUNTY ATTORNEY MATTERS
13.A. SHARK BAITING= CHUMMING AND FISHING
County Attorney Alan Polackwich related that he was returning with a sample Ordinance
pertaining to shark fishing, baiting, and chumming in accordance with Board direction at the
June 1, 2010 County Commission meeting. He explained that he had drafted the Ordinance with
legal defensibility in mind, cognizant of State preemption issues pertaining to saltwater fishing,
and outlined two exceptions to the State regulations which would allow the local Government to
prohibit or regulate certain fishing operations for public safety and welfare reasons. Attorney
Polackwich emphasized that the Ordinance before the Board, which prohibits shark baiting,
chumming, or fishing within a certain distance from a County beach, was strictly for discussion
purposes, and he outlined several other ways that shark fishing could be regulated.
Commissioner Flescher declared that while he did not wish to prohibit shark fishing, he
was concerned about the safety of swimmers and bathers who might be in close proximity to
shark fishing activities. He believed that if the County had some governance over the practice, it
would be a deterrent to having the local beaches be considered as desirable sites for the shark
fishing tournaments.
Commissioner Davis pointed out that prohibitions already exist against fishing in guarded
areas of the beaches, thus making it unnecessary to add any additional legislation on shark
fishing.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Vice Chairman Solari, for the Board to
take no action pertaining to the regulation of shark fishing.
Commissioner Wheeler stated he would not support an Ordinance prohibiting shark
fishing. He wanted to see an Ordinance giving public safety officers a tool to be able to evaluate
23
June 15, 2010
a situation, and if necessary, request that an angler relocate his activities farther away from
nearby swimmers.
Chairman O'Bryan felt the sample Ordinance was too restrictive, and supported
Commissioner Wheeler's objective to give public safety officers the authority to require an
angler to either move or cease his or her activities for the time being.
Vice Chairman Solari suggested that education should be used as a public safety tool. In
addition, he proposed waiting to see if the City of Vero Beach takes any action on shark fishing,
since their beaches cover a lot of territory.
Attorney Polackwich read the current Code prohibiting fishing from any park or
recreational area unless such area is specifically designated for such purpose.
Bob Cooney, Vice President, Board of Directors of the Carlton Condominium, used
photos from a handout he had distributed to the Board, to augment his plea for the Board to ban
shark fishing.
Doug Distl, Vero Beach, recalled that he had provided to the Board a signed petition
supporting the banning of shark fishing in the County. He told Commissioners that the County
was endorsing the practice by not having a law.
Al Benkert, Vero Beach, contended that shark fishing was not good for businesses or the
public, and that it was the Board's job to protect both.
Vice Chairman Solari declared that autonomy was essential for a functioning democracy,
and explained why he felt that individual autonomy would be undermined by government
regulation of the shark fishing.
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June 15, 2010
A lengthy debate ensued, as Board Members, Mr. Distl, Mr. Benkert, and Mr. Cooney
continued to express their views and preferences regarding shark fishing, and whether the
County needs to take steps to regulate the sport.
Chairman O'Bryan opposed the Motion, preferring to direct the County Attorney to
return with a draft Ordinance giving public safety officials a tool to abate any public safety
hazards with regards to the shark fishing.
The Chairman called the question, and by a 2-3 vote
(Commissioners O'Bryan, Flescher, and Wheeler
opposed), the Motion to take no action concerning shark
fishing FAILED.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, by a 3-2 vote (Commissioners
Davis and Solari opposed), the Board directed the County
Attorney to draft an Ordinance whereby public safety
officials may evaluate situations involving fishing or shark
fishing from the public beaches, as to whether said activity
poses a danger to others using the public beach, and if that
determination is made, to authorize said officials to
request that the angler/s move to a less populated area; and
in cases where the angler/s are not cooperative, to
authorize the public safety officials to issue a summons.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14. B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
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June 15, 2010
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 1:40
p.m.
ATTEST:
JeffreyK. Barton,Clerk
Peter D. O'Bryan, Chairman
Minutes Approved: AUG 1 7 2010
BCC/MG/2010Minutes
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June 15, 2010