HomeMy WebLinkAbout06/22/2010 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JUNE 22, 2010
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 25, 2010, AS KOREAN
WAR VETERANS DAY 2
5.B. PRESENTATION OF A CHECK FOR $4,184,070.12 TO INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS BY SEBASTIAN INLET TAX DISTRICT
COMMISSIONER BETH MITCHELL FOR SECTOR 3 BEACH RESTORATION PROJECT
REIMBURSEMENT 2
5.C. PRESENTATION OF THE FLORIDA GREEN BUILDING COALITION'S AWARD FOR
INDIAN RIVER COUNTY AS THE 2009 HIGHEST SCORING COUNTY FOR LOCAL
GOVERNMENT 3
5.D. PRESENTATION BY EDIE WIDDER OF OCEAN RESEARCH & CONSERVATION
ASSOCIATION (ORCA) ON MONITORING FOR EARLY DETECTION OF
PETROLEUM IMPACTS TO THE INDIAN RIVER LAGOON 3
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June 22, 2010
5.E. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING, REGARDING
THE DEEPWATER HORIZON OIL SPILL 3
6. APPROVAL OF MINUTES 4
6.A. REGULAR MEETING OF APRIL 20, 2010 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 4
7.A. GEOTECHNICAL SERVICES: PURCHASE ORDERS PROCESSED MARCH 3, 2010
THROUGH JUNE 1, 2010 5
8. CONSENT AGENDA 5
8.A. APPROVAL OF WARRANTS AND WIRES JUNE 4, 2010 TO JUNE 10, 2010 5
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY DEDICATED FOR 9TH COURT
SW RIGHT-OF-WAY FROM ROBERT D. WILLIAMS AND GLADYS J. WILLIAMS 6
8.C. RESOLUTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF
INDIAN RIVER COUNTY DURING THE TIME FRAMES OF JULY 21, 2010,
THROUGH AND INCLUDING AUGUST 16, 2010, AND AUGUST 18, 2010,
THROUGH AND INCLUDING SEPTEMBER 6, 2010 6
8.D. ATTORNEY FOR IRC CODE ENFORCEMENT BOARD 7
8.E. LIBRARY CLOSING FOR FOURTH OF JULY, 2010 8
8.F. PROCLAMATION AND RETIREMENT AWARD HONORING JAMES "BUDDY" AKINS,
JR. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS COMMUNITY DEVELOPMENT DEPARTMENT BUILDING
DIVISION 8
8.G. CONSIDERATION OF REQUEST BY POINTE WEST OF VERO BEACH, LTD. TO
MODIFY THE COVENANT TO DEFER MAINTENANCE SECURITY AND THE
COVENANT TO DEFER SIDEWALK DEVELOPMENT FOR POINTE WEST EAST
VILLAGE PHASE 1 PD 9
8.H. AMENDMENTS TO INDIAN RIVER SOCCER ASSOCIATION LEASE AND SEBASTIAN
AREA SOCCER ASSOCIATION LICENSE AGREEMENTS 9
8.I. SECTOR 3 BEACH RENOURISHMENT PROJECT, PARTIAL RELEASE OF
RETAINAGE, RANGER CONSTRUCTION INDUSTRIES, INC. 10
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June 22, 2010
8.J. FEDERAL FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG) APPROVAL OF DISTRIBUTION OF GRANT FUNDS 11
8.K. RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 12TH STREET) 4TH
STREET, PROJECT PARCEL #1 AND PROJECT PARCEL #45, OWNER: SCHACHT &
COMPANY, INC. 11
8.L. ACCEPTANCE OF STATUTORY WARRANTY DEED AND EASEMENT RELATING TO
STORM GROVE MIDDLE SCHOOL 12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 12
10. PUBLIC ITEMS 12
10.A. PUBLIC HEARINGS 12
10.A.1. WAUREGAN BOAT CLUB'S REQUEST FOR ABANDONMENT OF A PORTION OF
133RD PLACE BETWEEN 83RD AVENUE AND THE ST. SEBASTIAN RIVER
(LEGISLATIVE) 12
10.A.2. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE
(LEGISLATIVE) 14
10.B. PUBLIC DISCUSSION ITEMS 15
ADD: 10.B.1. REQUEST TO SPEAK FROM KATHLEEN ANN ROY 15
10.C. PUBLIC NOTICE ITEMS -NONE 15
11. COUNTY ADMINISTRATOR MATTERS -NONE 15
12. DEPARTMENTAL MATTERS 16
12.A. COMMUNITY DEVELOPMENT -NONE 16
12.B. EMERGENCY SERVICES -NONE 16
12.C. GENERAL SERVICES -NONE 16
12.D. HUMAN RESOURCES -NONE 16
12.E. HUMAN SERVICES -NONE 16
12.F. LEISURE SERVICES -NONE 16
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 16
12.H. RECREATION -NONE 16
12.I. PUBLIC WORKS -NONE 16
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June 22, 2010
12.J. UTILITIES SERVICES -NONE 16
13. COUNTY ATTORNEY MATTERS 16
13.A. FELLSMERE 2009 FIRE PROTECTION CHARGE 16
14. COMMISSIONER ITEMS 18
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN 18
14.A.1. COUNTY APPOINTMENTS TO THE CITY OF VERO BEACH ON ELECTRIC AND
WATER/WASTEWATER UTILITIES 18
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN 18
14.B.1. ONCE A WEEK TRASH PICKUP 18
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 19
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 19
14.E. COMMISSIONER GARY C. WHEELER -NONE 19
15. SPECIAL DISTRICTS AND BOARDS 19
15.A. EMERGENCY SERVICES DISTRICT 19
15.A.1. BOAT LIFT FOR THE INDIAN RIVER COUNTY SHERIFF'S OFFICE 20
15.B. SOLID WASTE DISPOSAL DISTRICT 20
15.B.1. APPROVAL OF MINUTES MEETING OF MAY 4, 2010 20
15.B.2. APPROVAL OF MINUTES MEETING OF MAY 18, 2010 20
15.B.3. FINAL PAY FOR WORK ORDER NO. 15 TO GEOSYNTEC CONSULTANTS, INC. FOR
FUEL TANK RELOCATION FROM FORMER DOT FACILITY TO LANDFILL 20
15.B.4. FINAL PAY FOR WORK ORDER No. 6 TO GEOSYNTEC CONSULTANTS, INC. FOR
PROFESSIONAL SERVICES RELATED TO THE DESIGN, PERMITTING AND
CONSTRUCTION FOR SEGMENT 1 CLOSURE AND GAS SYSTEMS DESIGN 20
15.B.5. WASTE MANAGEMENT, INC. OF FLORIDA LANDFILL OPERATIONS CONTRACT 20
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 21
16. ADJOURNMENT 21
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June 22, 2010
JEFFREY K. BARTON
Clerk to the Board
June 22, 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 22, 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
Commissioner Davis delivered the Invocation.
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June 22, 2010
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Item 10.B. Request to Speak from Kathleen Ann Roy, was added subsequent to Item
10.A.2.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING JUNE 25, 2010, AS
KOREAN WAR VETERANS DAY
Commissioner Flescher read and presented the Proclamation to Vince Abbate and Dr.
Dan Stanley.
5.B. PRESENTATION OF A CHECK FOR $4,184,070.12 TO INDIAN RIVER
COUNTY BOARD OF COUNTY COMMISSIONERS BY SEBASTIAN INLET TAX
DISTRICT COMMISSIONER BETH MITCHELL FOR SECTOR 3 BEACH
RESTORATION PROJECT REIMBURSEMENT
Beth Mitchell, Commissioner of the Sebastian Inlet Tax District, presented to the Board
of County Commissioners a check in the amount of $4,184,070.12 for Sector 3 Beach
Restoration project reimbursement.
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June 22, 2010
5.C. PRESENTATION OF THE FLORIDA GREEN BUILDING COALITION'S AWARD
FOR INDIAN RIVER COUNTY AS THE 2009 HIGHEST SCORING COUNTY FOR
LOCAL GOVERNMENT
Cindy Hall, Capstone Industries, Board of Directors of the Florida Green Building
Coalition, read and presented the Green Building Coalition's award to the Board of County
Commissioners. Chairman O'Bryan recognized Himanshu Mehta, Managing Director of the
Solid Waste Disposal District, and volunteers Amy Thoma, Karen Swanson, and Judy Orcutt, for
their dedicated efforts in helping the County achieve the certification.
S.D. PRESENTATION BY EDIE WIDDER OF OCEAN RESEARCH &
CONSERVATION ASSOCIATION (ORCA) ON MONITORING FOR EARLY
DETECTION OF PETROLEUM IMPACTS TO THE INDIAN RIVER LAGOON
Edie Widder, through a PowerPoint Presentation, provided background information on
the Ocean Research & Conservation Association (ORCA), an organization dedicated to
protecting aquatic ecosystems. She described two technologies, the Kilroy Ecosystem
Monitoring System and the PetroSense Hydrocarbon Probe, which are being used to detect
pollution and the presence of oil, and which will be used to help researchers determine possible
impacts of the Deepwater Horizon Oil Spill on the Indian River Lagoon, with the goal of
preventing the oil from reaching the mangroves.
S.E. UPDATE FROM DIRECTOR OF EMERGENCY SERVICES, JOHN KING,
REGARDING THE DEEPWATER HORIZON OIL SPILL
Emergency Services Director John King used a PowerPoint presentation (on file), to
update the Board on Day 64 of the Deepwater Horizon Oil Spill in the Gulf of Mexico. He
identified the locations in Florida which have been impacted by the spill, described mitigation
efforts being taken by the State, and affirmed that there were no beach closings in Florida. He
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June 22, 2010
reported that County staff was organizing a Deepwater Horizon Task Force, and that one of the
monitoring systems described by Dr. Widder was going to be installed at the Sebastian Inlet. He
stated that further information is available at the Florida Oil Spill Information Line at 1-888-337-
3569, or at the DEP's website, 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.
Chairman O'Bryan advised that a link needed to be established on the County's website
where residents could find local volunteering opportunities, and Director King stated he would
work on this matter.
6. APPROVAL OF MINUTES
O.A. REGULAR MEETING OF APRIL 20, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 20, 2010. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously approved
the Minutes of the Regular Meeting of April 20, 2010, as
written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
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June 22, 2010
7.A. GEOTECHNICAL SERVICES: PURCHASE ORDERS PROCESSED MARCH 3,
2010 THROUGH JUNE 1, 2010
Noted for the record were the following eight purchase orders for geotechnical requests
for services $15,000 or less: (1) 20th Avenue SW Widening, 25th Street SW to 21st Street SW;
(2) 47th Street Improvements, US 1 to Terminus Point; (3) 8th Street Sidewalk Improvements, 18th
Court to Old Dixie Highway; (4) 58th Avenue Roadway Modifications; (5) Old Dixie Highway
Bridge over the South Relief Canal; (6) 12th Street Sidewalk Improvements, 43rd Avenue to 27th
Avenue Extension; (7) Old Dixie Highway Sidewalk 38th Lane to 65th Street; and (8) Old Dixie
Highway Resurfacing.
8. CONSENT AGENDA
Commissioner Davis requested that Item 8.D. be pulled for discussion.
Chairman O'Bryan requested that Item 8.G. be pulled for discussion, and conveyed
County Administrator Joseph Baird's request for the Board to pull Item 8.I. 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 JUNE 4, 2010 TO JUNE 10, 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 June 4, 2010 to June 10,
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June 22, 2010
2010, as recommended in the memorandum of June 10,
2010.
8.B. RESOLUTION CANCELLING TAXES ON PROPERTY DEDICATED FOR 9TH
COURT SW RIGHT-OF-WAY FROM ROBERT D. WILLIAMS AND GLADYS J.
WILLIAMS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-052, cancelling certain taxes upon
publicly owned lands, pursuant to section 196.28, Florida
Statutes.
8.C. RESOLUTIONS TO CALL LETTERS OF CREDIT AND TO ACT ON BEHALF OF
INDIAN RIVER COUNTY DURING THE TIME FRAMES OFJULY 21, 2010,
THROUGH AND INCLUDING A UGUST 16, 2010, AND A UGUST 18, 2010,
THROUGH AND INCLUDING SEPTEMBER 6, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved:
(1) Resolution 2010-053, delegating authority to the
County Administrator or the Assistant County
Administrator to execute resolutions calling Letters of
Credit as necessary during the period commencing July
21, 2010, through and including August 16, 2010, and
further delegating to the County Administrator, the
Assistant County Administrator, and the Emergency
Services Director the authority to execute all documents
necessary to the proper functioning of the County during
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June 22, 2010
the period commencing July 21, 2010, through and
including August 16, 2010; and
(2) Resolution 2010-054, delegating authority to the
County Administrator or the Assistant County
Administrator to execute resolutions calling Letters of
Credit as necessary during the period commencing August
18, 2010, through and including September 6, 2010, and
further delegating to the County Administrator, the
Assistant County Administrator, and the Emergency
Services Director the authority to execute all documents
necessary to the proper functioning of the County during
the period commencing August 18, 2010, through and
including September 6, 2010.
8.D. ATTORNEY FOR IRC CODE ENFORCEMENT BOARD
Commissioner Davis inquired whether the search for an Attorney to replace Suzanne
Vitunac on the Code Enforcement Board (CEB), had been open to private industry.
Attorney Polackwich recapped the background memorandum of June 14, 2010 to provide
background on the search for the replacement attorney for the CEB. He presented staff's
recommendation to hire Attorney Wayne R. Coment, Assistant Attorney for the City of Vero
Beach, who is able to fill the position only as long as the City maintains its furlough program.
Attorney Polackwich added that once the County's Code Enforcement violation case with
Fellsmere has been resolved, he would like to explore hiring on a permanent basis, the Special
Master who is currently serving Fellsmere on its Code Enforcement operation.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
hiring of Attorney Wayne R. Coment to represent the
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June 22, 2010
Code Enforcement Board, and authorized the Chairman to
execute the Agreement for Code Enforcement Board
Legal Services with Attorney Coment, as recommended in
the memorandum of June 14, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. LIBRARY CLOSING FOR FOURTH OF JULY, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
acknowledged that the Main, North County, Gifford
Children's, and Brackett Libraries will be closed on
Monday, July 5, 2010, and approved the request to close
the Main Library on Sunday, July 4, 2010, as
recommended in the memorandum of June 15, 2010.
8. F. PR OCLAMA TION AND RETIREMENT AWARD HONORING JAMES "BUDDY"
AKINS, JR. ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS COMMUNITY DEVELOPMENT DEPARTMENT
BUILDING DIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Proclamation and Retirement Award honoring James
"Buddy" Akins, Jr. on his retirement from the Community
Development Department Building Division.
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June 22, 2010
8.G. CONSIDERATION OF REQUEST BY POINTE WEST OF VERO BEACH, LTD.
To MODIFY THE COVENANT TO DEFER MAINTENANCE SECURITY AND
THE COVENANT TO DEFER SIDEWALK DEVELOPMENT FOR POINTE WEST
EAST VILLAGE PHASE I PD
Chairman O'Bryan provided background information on this item, which he explained
was a good example of local government taking action to help local business people. He
acknowledged Planning Director Stan Boling and Community Development Director Bob
Keating for their roles in helping develop a mutually agreeable strategy for the County and
developers.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously
authorized the Chairman to: (1) execute the documents to
modify the existing covenants to defer maintenance
security and sidewalk development for Pointe West East
Village Phase 1; and (2) accept maintenance security for
Phase lA that is acceptable to the County Attorney, as
recommended in the memorandum of June 14, 2010.
Commissioner Davis congratulated Attorney Polackwich on working out some common
sense solutions.
8.H. AMENDMENTS TO INDIAN RIVER SOCCER ASSOCIATION LEASE AND
SEBASTIAN AREA SOCCER ASSOCIATION LICENSE AGREEMENTS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously: (1)
approved settlement of the outstanding rent balance due
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June 22, 2010
from the Indian River Soccer Association in the amount of
$1,000 dollars; and (2) in response to the requests of the
Indian River Soccer Association and the Sebastian Area
Soccer Association, authorized the Chairman to execute
amendments for the respective lease and license
agreements to reflect a nominal rental amount of $1 dollar
annually, as recommended in the memorandum of June 2,
2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. SECTOR 3 BEACH RENOURISHMENT PROJECT, PARTIAL RELEASE OF
RETAINAGE, RANGER CONSTRUCTION INDUSTRIES, INC.
Public Works Director Christopher Mora, through review of his memorandum of June 14,
2010, presented Ranger Construction Industries, Inc.'s request for 50% release of retainage for
the Sector 3 Beach Renourishment Project. He presented staff's recommendation to release the
requested retainage, and responded to questions from the Board regarding the timeframe for
Ranger to begin stockpiling sand for the project's completion (subsequent to the conclusion of
turtle nesting season).
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board unanimously: (1)
approved partial release of withheld retainage to Ranger
Construction Industries, Inc.; and (2) the Application for
Payment No. 10 in the amount of $245,862.04, as
recommended in the memorandum of June 14, 2010.
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June 22, 2010
8.J. FEDERAL FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT (JAG) APPROVAL OF DISTRIBUTION OF GRANT
FUNDS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Substance Abuse Council Advisory Board's
recommendations and authorized the Chairman to execute
the letter approving distribution of the funds to M.A.C.E.
(Multi -Agency Criminal Enforcement Unit) and the
Substance Abuse Council Drug Testing Program, along
with the grant applications and other necessary related
documents for submittal to the Florida Department of Law
Enforcement, Official of Criminal Justice Grants, prior to
the deadline of Friday, July 2, 2010, as recommended in
the memorandum of June 14, 2010.
APPLICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K RIGHT-OF-WAY ACQUISITION, 66TH AVENUE PROJECT (4TH TO 12TH
STREET) 4TH STREET, PROJECT PARCEL #1 AND PROJECT PARCEL #45,
OWNER: SCHACHT & COMPANY, INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the purchase of the needed right-of-way at a price of
$40,000 plus personal property of $12,100 = $52,100 and
authorized the Chairman to execute the Purchase and Sale
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June 22, 2010
Agreement with Schacht & Company, Inc., as
recommended in the memorandum of June 9, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.L. ACCEPTANCE OF STATUTORY WARRANTY DEED AND EASEMENT
RELATING TO STORM GROVE MIDDLE SCHOOL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-055, accepting a Statutory Warranty
Deed for right-of-way along 62nd Avenue and an easement
for pedestrian ingress and egress along Storm Grove Road
(57th Street) from the School Board of Indian River
County, Florida to Indian River County relating to Storm
Grove Middle School.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
IO.A. PUBLIC HEARINGS
10.A.1. WAUREGAN BOAT CLUB'S REQUEST FOR ABANDONMENT OF A PORTION
OF 133RD PLACE BETWEEN 83'» A VENUE AND THE ST. SEBASTIAN RIVER
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
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June 22, 2010
Planning Director Stan Boling, through a PowerPoint presentation (on file), provided
background and conditions on the request for the County to abandon a portion of 133rd Place
(a.k.a. Manatee Avenue), between 83rd Avenue and the St. Sebastian River, to the Wauregan
Boat Club, in order to satisfy Department of Environmental Protection requirements pertaining
to the Club's boat dock and State submerged land lease regulations. He recommended the
Board approve abandonment of the subject right-of-way, with the condition that the County
retains an easement for pedestrian and driveway access, parking, utilities, and drainage.
The Chairman opened the Public Hearing.
Bruce Barkett, Esquire, representing the Wauregan Boat Club, provided further details
on the proposed transaction, and addressed Vice Chairman Solari's question regarding the
ownership of the subject property should the Club dissolve.
Director Boling addressed Carolyn Corum's question about public access to the river.
There being no further speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
Resolution 2010-056, providing for the closing,
abandonment, vacation and discontinuance of a segment
of 133rd Place (Manatee Avenue) between 83rd Avenue
(Bay Street) and the St. Sebastian River, as shown in Plat
Book 1, Page 178 of the records of Brevard County,
Florida, as described herein, said land now lying in Indian
River County, Florida.
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June 22, 2010
10.A.2. ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION ORDINANCE
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan Polackwich, Sr. updated the Board on the proposed Economic
Development Ad Valorem Tax Exemption Ordinance, which is slated to go to referendum on
November 2, 2010. He advised that local agencies have been mailed a copy of the draft
Ordinance, and directed the Board's attention to changes requested by the Indian River County
Chamber of Commerce, which are reflected on pages 7 and 8 of the Ordinance (pages 106 and
107 of the backup). Attorney Polackwich emphasized that the Ordinance would become
effective only if approved by a majority of voters at the November 2, 2010 General Election.
The Chairman opened the Public Hearing.
Dale Simchick, 766 South Easy Street, Sebastian, voiced that the proposed Ordinance
was an important piece of the puzzle in the Board's endeavors to further economic development.
Chairman O'Bryan confirmed for Carolyn Corum that the public, on November 2, 2010,
would be making the decision on whether to allow the Board to grant the tax exemptions to new
and expanding businesses.
There being no speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously adopted
Ordinance 2010-014, establishing Title XI, Code of
Ordinances, entitled "Economic Development Ad
Valorem Tax Exemption"; providing for the establishment
of an Economic Development Ad Valorem Tax
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June 22, 2010
Exemption; providing for a sunset date; and providing for
an effective date upon approval of the electors of Indian
River County.
Attorney Polackwich advised that staff would be returning with draft forms for the Tax
Exemption Agreement and Matrix/Score Sheet, so the entire package can be ready for the voters.
10.B. PUBLIC DISCUSSION ITEMS
ADD: 10.B.1. REQUEST TO SPEAK FROM KATHLEEN ANN ROY
There was a Board CONSENSUS to grant the request of
Kathleen Ann Roy, who at this time, asked permission to
address the Board regarding a problem she had
experienced obtaining water service.
Kathleen Ann Roy, 8775 20th Street, Lot 176, described her difficulties in obtaining
prompt water service at her new residence in Countryside Mobile Home Park.
Chairman O'Bryan apologized to Ms. Roy for the inconvenience, and directed Erik
Olson, Director of Utility Services, to meet with Ms. Roy and provide her with direct phone
numbers, including his (Chairman O'Bryan's) own.
The Board also requested Director Olson to ascertain what had caused the delay, and
report back to the Commissioners.
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR MATTERS -NONE
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June 22, 2010
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12. B. EMERGENCY SERVICES NONE
12. C. GENERAL SERVICES NONE
12.D. HUMAN RESOURCES -NONE
12.E. HUMAN SERVICES -NONE
12.F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORKS -NONE
12.J. UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS
13.A. FELLSMERE 2009 FIRE PROTECTION CHARGE
Attorney Polackwich recapped the memorandum of June 16, 2010, to provide
background and conditions pertaining to the Board's June 1, 2010 decision to pay Fellsmere's
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June 22, 2010
2010 fire protection charge. Today, he was presenting for Board approval, an agreement for
payment of the balance of the 2009 fire protection charge, in order to avoid associated fees and
charges. He related that Fellsmere's Attorney has asked for written confirmation that the
$12,328.96 charge for 2009, already paid by the County, was non-refundable, regardless of the
outcome of the 2009 appeal, and affirmed that this condition has been included under Section 7
of the proposed Agreement (page 114 of the backup).
A brief discussion ensued, wherein Chairman O'Bryan and Vice Chairman Solari
affirmed that Fellsmere was entitled to retain the $12,328.96 payment already remitted by the
County.
Attorney Polackwich said that the City of Fellsmere has not yet reviewed the agreement,
and requested that the Board approve the agreement subject to minor changes by the City
Council, and subject to the County Attorney's review.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the Agreement
Relating to 2009 Fire Protection Charge with the City of
Fellsmere, subject to any minor changes made by the
Fellsmere City Council, and the County Attorney's review
of same.
The Chairman directed Attorney Polackwich to keep the Board apprised of any changes
Fellsmere desires to make to the agreement.
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June 22, 2010
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. COUNTY APPOINTMENTS TO THE CITY OF VERO BEACH ON ELECTRIC
AND WATER/WASTEWATER UTILITIES
Chairman O'Bryan recalled that at the June 15, 2010 meeting, the Board had agreed to
designate specific Commissioners to serve as point persons/liaisons with the City of Vero Beach
for the electric utility and water/wastewater issues. He requested that the Board approve him
(Chairman O'Bryan) as the electric utility liaison, Vice Chairman Solari as the water/wastewater
liaison, and Commissioner Davis as the alternate for either position.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
appointed: (1) Chairman O'Bryan as the point
person/liaison with the City of Vero Beach for the electric
utility issue; (2) Vice Chairman Solari as the point
person/liaison with the City of Vero Beach for the
water/wastewater issue; and (3) Commissioner Davis as
the alternate for either position, as requested in the
memorandum of June 16, 2010.
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN
14.B.1. ONCE A WEEK TRASH PICKUP
Vice Chairman Solari requested that the Board begin a dialogue and have staff research,
prior to renewal of the next waste hauling agreement, whether it would be advantageous to
change trash collection from twice weekly to once -a -week. He observed that in light of
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June 22, 2010
increased recycling by residents, and anticipated state mandates to increase the volume of same,
the trash going to the landfill has decreased and will continue to decrease.
Commissioner Davis wanted staff to consider the ramifications of weekly trash pickup on
the Customer Convenience Centers. Additionally, he suggested that it would be beneficial for
the County to go to single -stream recycling, which would make it easier for customers to recycle.
Commissioner Wheeler requested adding to staff's study, the possibility of mandatory
trash pickup County -wide.
The Board CONSENSUS was to direct staff to explore all
options related to trash pickup and recycling, including,
but not limited to: (1) once -a -week trash pickup; (2)
single -stream recycling; (3) mandatory pickup; and (4) the
impact on the Customer Convenience Centers.
Administrator Baird confirmed that staff would bring back a presentation to the Board.
14. C COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
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June 22, 2010
15. C. ENVIRONMENTAL CONTROL BOARD -NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at 10:26
a.m.
ATTEST:
-PA) 68
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: AUG 1 7 2010
BCC/MG/2010Minutes
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June 22, 2010