HomeMy WebLinkAbout10/12/2010 (2)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, OCTOBER 12, 2010 - 9:00 A.M.
County Commission Chamber
Indian River County Administration Complex
1801 27th Street, Building A
Vero Beach, Florida, 32960-3388
www.ircgov.com
COUNTY COMMISSIONERS
Peter D. O'Bryan, Chairman
Bob Solari, Vice Chairman
Wesley S. Davis
Joseph E. Flescher
Gary C. Wheeler
D istrict 4
D istrict 5
District 1
District 2
D istrict 3
Joseph A. Baird County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4.
5.
9:00 A.M.
Chaplain Kenneth Jones, VNA Hospice
Indian River County
Commissioner Gary C. Wheeler
ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
of
PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation 'Recognizing the Hibiscus Children's Center
25th Celebration `Saving Children for 25 Years"
PAGE
B. Presentations by Chuck and Karen Mechling and David Dangerfield on the
County Cooperative Programs "Screen on the Green", the Annual Indian
River County Firefighters' Chili Cook -off, and other community events to be
held at Pointe West
October 12, 2010
Page l of 6
6.
7.
8.
APPROVAL OF MINUTES
A. Budget Workshop of July 14, 2010
13. Regular Meeting of September 7, 2010
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Recognition of FDOT Appointee to the Transportation Disadvantaged Local
Coordinating Board
(memorandum dated September 30, 201.0)
PAGE
CONSENT AGENDA
A. Approval of Warrants and Wires — September 24, 2010 to September 30,
2010
(memorandum dated September 30, 2010)
13. Approval of Warrants and Wires — October 1, 2010
(memorandum dated October 1, 2010)
C. Approval of Payment for Work Order No. 3 for Sedimentation System
Dredging at PC Main (Main Relief canal Pollution Control Facility)
(memorandum dated Octobei 4, 2010)
2-3
4-10
11-15
16-18
D. Professional Engineering Services from Carter Associates, Inc. for
Engineering Modifications related to 53rd Street Roadway Improvements
IRC Project No. 0107
(memorandum dated October 4, 2010)
19-31
E. Work Order No. 14 (Engineering/Surveying)
Retainage — Masteller, Moler, Reed and Taylor,
Donald MacDonald Paiks Boundary —
Photogranunetric Survey
(memorandum dated September 29, 2010)
Final Pay, Release of
Inc., Dale Wimbrow and
Topographic — Aerial
32-33
F Fin.al Pay to Continuing Consulting Services Work Order No. 4 with
Masteller & Moler, Inc. for Engineering Services for Conversion of Lateral
0 Force Main to Reuse Main — UCP NO. 2830
(memorandum dated September 17, 2010)
34-36
G. Lease Back of Right -of -Way Along 66`j' Avenue, 4560 67`1' Avenue, Vero
Beach
(memorandum dated October 6, 2010)
October 12, 2010
37-42
Page 2 of 6
9.
10.
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES PAGE
None
PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Corrigan et al's Request to Amend the Comprehensive Plan's
Future Land Use Element Policies 1..22 and 1.36 to Allow for
Expansion of Commercial/Industrial Nodes for Large Scale
Research/Teclnlology/Industrial Parks and to Accommodate and
Regulate Expansion of the Commercial/Industrial Node at the
Northwest Corner of SR 60 and 98th Avenue
(memorandum dated October 6, 2010)
Legislative
2. Corrigan et al's Request to Amend The Comprehensive Plan to
Expand the County's Urban. Service Area (USA) and to Redesignate
± 674.17 Acres Located Generally West of 102nd Avenue and
North of S.R. 60 from AG -2, Agricultural -2 (up to 1 unit/10 acres), to
C/I, Commercial/ Industrial
(memorandum dated October 6, 2010)
Legislative
3. Consideration of EAR (Evaluation and Appraisal Report) based
Amendments to the County's Comprehensive Plan
(memorandum dated October 6, 2010)
Legislative
13. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for October 19, 2010:
Consideration of Proposed Land Development Regulation (LDR)
Amendment to Eliminate the "Other Coiridor" Compliance
Deadline for Replacing or Modifying Non -Conforming Free-
standing Signs
(memorandum dated September 27, 2010)
October 12, 2010
Legislative
43-73
74-183
184-233
234
2. Notice of Scheduled Public Hearing for October 19, 2010:
Proposed Issuance by Palm Beach County Health Facilities
Authority of its Retirement Community Revenue Bonds on behalf
of ACTS Retirement -Life Communities, Inc
(memorandum dated October 5, 2010)
Administrative
235
Page 3 of 6
11.
12.
COUNTY ADMINISTRATOR MATTERS PAGE
None
DEPARTMENTAL MATTERS
A. Community Development
None
B. Emergency Services
C.
None
General Services
1. Tenant's Request to Modify and Extend Lease Between Indian
River County and Mark Smith at South County Park
(memorandum dated October 1, 2010)
236-247
2. Conceptual Approval of Vero Beach Sports Village User Group
Agreement and Request for 30 day Extension to Return Final
Agreement
(memorandum dated October 5, 201.0)
248-259
D. Human Resources
None
E. Human Services
None
F.
G.
H.
I.
October 12, 2010
Leisure Services
None
Office of Management and Budget
None
Recreation
None
Public Works
1. Staff Update — Sector 3 Beach Renourishment Project
(no back-up)
Page 4 of 6
12. DEPARTMENTAL MATTERS
I. Public Works
2. Work Order No. 11 (Tasks 1-4) Coastal Technology Corporation
Inc., Sector 3 Beach Restoration Project, Phase II Construction
Phase Services
(memorandum dated October 4, 2010)
PAGE
260-270
3. Daily Dose Cafe — Temporary Rent Relief
(memorandum dated October 1, 2010) 271-272
J. Utilities Services
None
13. COUNTY ATTORNEY MATTERS
A. Purchase and Sale Agreement — Roy and Cindy Bass, 5210, 5220 85`x' Street
(C.R. 510)
(memorandum dated October 5, 2010)
14.
273-284
COMMISSIONERS ITEMS
A. Commissioner Peter D. O'Bryan, Chairman
None
B. Commissioner Bob Solari, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E. Commissioner Gary C. Wheeler
None
October 12, 2010
Page 5 of 6
15.
SPECIAL DISTRICTS AND BOARDS
Emergency Services District
A.
None
B. Solid Waste Disposal District
None
C. Environmental Control Board
None
16. ADJOURNMENT
PAGE
Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure
that a verbatim record of the proceedings is made which includes the testimony and evidence upon
which the appeal will be based.
Anyone who needs a special accommodation for this meeting may contact the County's Americans with
Disabilities Act (ADA) Coordinator at (772) 226-1223 (TDD # 772-770-5215) at least 48 hours in
advance of meeting.
The full agenda is available on line at the Indian River County Website at www.ircgov.com The full
agenda is also available for review in the Board of County Commission Office, the Indian River County
Main Library, the IRC Courthouse Law Library, and the North County Library.
Commission Meeting may be broadcast live by Comcast Cable Channel 27
Rebroadcasts continuously with the following proposed schedule:
Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m.,
Wednesday at 9:00 a.m. until 5:00 p m.,
Thursday at 1:00 p.m. through Friday Morning,
and Saturday at 12:00 Noon to 5:00 p.m.
October 12, 2010
Page 6 of 6
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF OCTOBER 12, 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 12.C.2. CONCEPTUAL APPROVAL OF VERO BEACH SPORTS
VILLAGE USER GROUP AGREEMENT AND REQUEST FOR 30 DAY EXTENSION TO
RETURN FINAL AGREEMENT , To FOLLOW ITEM 8. CONSEN r AGENDA 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A PRESENTATION OF PROCLAMATION RECOGNIZING THE HIBISCUS CHILDREN'S
CENTER 25TH CELEBRATION "SAVING CHILDREN FOR 25 YEARS" 2
5.B. PRESENTATIONS BY CHUCK AND KAREN MECHLING AND DAVID DANGERFIELD
ON THE COUNTY COOPERATIVE PROGRAMS "SCREEN ON THE GREEN", THE
ANNUAL INDIAN RIVER COUNTY FIREFIGHTERS' CHILI COOK -OFF, AND OTHER
COMMUNITY EVENTS TO BE HELD AT POINTE WEST 3
6. APPROVAL OF MINUTES
1
October 12, 2010
3
6.A. BUDGET WORKSHOP OF JULY 14, 2010
6.B. REGULAR MEETING OF SEPTEMBER 7, 2010
3
3
7 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION
7.A. RECOGNITION OF FDOT APPOINTEE TO THE TRANSPORTATION
DISADVANTAGED LOCAL COORDINATING BOARD
4
4
8. CONSENT AGENDA
4
8.A. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 24, 2010 TO SEPTEMBER
30, 2010
4
8.B. APPROVAL OF WARRANTS AND WIRES - OCTOBER 1, 2010
5
8.C. APPROVAL OF PAYMENT FOR WORT{ ORDER N0. 3 FOR SEDIMENTATION
SYSTEM DREDGING AT PC MAIN (MAIN RELIEF CANAL POLLUTION CONTROL
FACILII Y) 5
8.D. PROFESSIONAL ENGINEERING SERVICES FROM CARTER ASSOCIATES, INC. FOR
ENGINEERING MODIFICATIONS RELATED 1'0 53RD STREET ROADWAY
IMPROVEMENTS IRC PROJECT N0. 0107 5
8.E. WORK ORDER NO. 14 (ENGINEERING/SURVEYING) FINAL PAY, RELEASE OF
RETAINAGE - MASTELLER, MOLER, REED AND TAYLOR, INC., DALE WIMBROW
AND DONALD MACDONALD PARKS BOUNDARY - TOPOGRAPHIC - AERIAL
PHOTOGRAMMETRIC SURVEY
8.F. FINAL PAY 10 CONTINUING CONSULTING SERVICES WORK ORDER NO. 4 WITH
MASTELLER & MOLER, INC. FOR ENGINEERING SERVICES FOR CONVERSION OF
LATERAL G FORCE MAIN TO REUSE MAIN - UCP NO. 2830 6
8.G. LEASE BACK OF RIGHT-OF-WAY ALONG 66TH AVENUE, 4560 67TH AVENUE,
VERO BEACH 7
6
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 7
10 PUBLIC ITEMS
10.A. PUBLIC HEARINGS
2
October 12, 2010
7
7
10.A.1. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN'S FUTURE
LAND USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR EXPANSION OF
COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCH/TECHNOLOGY/INDUSTRIAL PARKS AND ro ACCOMMODATE AND
REGULATE EXPANSION OF THE COMMERCIAL/INDUSTRIAL NODE AT THE
NORTHWEST CORNER OF SR 60 AND 9871-1 AVENUE (LEGISLATIVE) 7
10.A.2. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
EXPAND THE COUNTY'S URBAN SERVICE AREA (USA) AND TO REDESIGNATE ±
674.17 ACRES LOCATED GENERALLY WEST OF 102ND AVENUE AND NORTH OF
S.R. 60 FROM AG -2, AGRICULTURAL -2 (UP TO 1 UNIT/10 ACRES), TO C/I,
COMMERCIAL/ INDUSTRIAL(LEGISLATIVE) 11
10.A.3. CONSIDERATION OF EAR (EVALUATION AND APPRAISAL REPORT) BASED
AMENDMENTS TO THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 12
10.B. PUBLIC DISCUSSION ITEMS -NONE 15
10.C. PUBLIC NOTICE ITEMS 15
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER 19, 2010: 15
CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION (LDR)
AMENDMENT TO ELIMINATE THE "OTHER CORRIDOR" COMPLIANCE DEADLINE
FOR REPLACING OR MODIFYING NON -CONFORMING FREE-STANDING SIGNS
(LEGISLATIVE) 15
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER 19, 2010: 15
PROPOSED ISSUANCE BY PALM BEACH COUNTY HEAL CH FACILITIES
AUTHORITY OF IT S RETIREMENT COMMUNITY REVENUE BONDS ON BEHALF OF
ACTS RETIREMENT -LIFE COMMUNITIES, INC. (ADMINIS) RATIVE) 15
11. COUNTY ADMINISTRATOR MATTERS -NONE 16
12. DEPARTMENTAL MATTERS 16
12.A. COMMUNITY DEVELOPMENT -NONE 16
12.B. EMERGENCY SERVICES -NONE 16
12.C. GENERAL SERVICES 16
12.C.1. TENANT'S REQUEST TO MODIFY AND EXTEND LEASE BETWEEN INDIAN RIVER
COUNTY AND MARK SMI" I-1 AT SOUTH COUNTY PARK 16
3
October 12, 2010
12.C.2. CONCEPTUAL APPROVAL OF VERO BEACH SPORTSVILLAGE
I
IL GROUP
AGREEMENT AND REQUEST FOR 30 DAY EXTENSIONRETURN FINAL
17
AGREEMENT 19
12.D. HUMAN RESOURCES -NONE 19
12.E. HUMAN SERVICES -NONE 19
12.F. LEISURE SERVICES -NONE 19
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 19
12.H. RECREATION -NONE 19
12.1. PUBLIC WORKS 19
12.1.1. STAFF UPDATE -SECTOR 3 BEACH REOISHMENT TECHNOLOGY NOLOOJECT
GY CORPORATION INC.,
12.1.2. WORK ORDER No. 11 (TASKS 1-4) COASTAL
SECTOR 3 BEACH RESTORATION PROJECT, PI -LASE II CONSTRUCTION PHASE 20
SERVICES 1
12.1.3. DAILY DOSE CAFE - TEMPORARY RE2
NT RELIEF 21
2
12.J. UTILITIES SERVICES -NONE
22
13. COUNTY ATTORNEY MATTERS
13.A. PURCHASE AND SALE AGREEMENT - ROY AND CINDY BASS, 5210, 5220 85TH 22
STREET (C.R. 510)
23
14. COMMISSIONER ITEMS 23
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 23
14.B. COMMISSIONER BOB SOLANI, VICE CHAIRMAN -NONE 23
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 23
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE 23
14.E. COMMISSIONER GARY C. WHEELER -NONE
23
15. SPECIAL DISTRICTS AND BOARDS 23
15.A. EMERGENCY SERVICES DISTRICT -NONE 23
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 24
15.C. ENVIRONMENTAL CONTROL BOARD -NONE
24
16. ADJOURNMENT
October 12, 2010
4
JEFFREY K. BARTON
Clerk to the Board
October 12, 2010
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County,
Florida, met in Regular
n at the County Commission Chambers, 1801 27`h Street, Vero Beach, Florida, on
Bob
Session Vice Cha
Tuesday, October 12, 2010. Present were Chairman Peter D. O'Bryan, n�1Gary C. Wheeler. Also
Solari, and Commissioners Wesley S. Davis, Joseph E. Flescher,Attorney Alan S. Polackwich, Sr.,
present were County Administrator Joseph A. Baird, County
and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
n Kenneth Jones, VNA Hospice of Indian River County, delivered the Invocation.
Chaplai
October 12, 2010
1
3. PLEDGE OF ALLEGIANCE
Commissioner Wheeler led the Pledge of Allegiance to the Flag.
4. ADDITIONS/
DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following change to today's Agenda:
MOVE ITEM 12.C.2. CONCEPTUAL APPROVAL OF VERO BEACH SPORTS VILLAGE USER
GROUP AGREEMENT AND REQUEST FOR 30 DAY EXTENSION TO RETURN FINAL
AGREEMENT TO FOLLOW ITEM 8. CONSENT AGENDA
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 RECOGNIZING THE HIBISCUS
CHILDREN'S CENTER 251" CELEBRATION "SAVING CHILDREN FOR 25
YEARS"
Commissioner Flescher read and presented the Proclamation to Tom. Maher CEO; Parris
Westbrook, Director of Resources; and Sandy Divine, Foundation President, all of Hibiscus
Children's Center.
2
October 12, 2010
5.B. PRESENTATIONS BY CHUCK AND KAREN MECHLING AND DAVID
DANGERFIELD ON THE COUNTY COOPERATIVE PROGRAMS "SCREEN ON
THE GREEN" THE ANNUAL INDIAN RIVER COUNTY FIREFIGHTERS' CHILI
COOK -OFF AND OTHER COMMUNITY EVENTS TO BE HELD AT POINTE
WEST
Chuck and Karen Mechling, through a PowerPoint presentation, provided details on the
following upcoming events at Pointe West: the Screen on the Green film series, the Annual
Firefighters' Chili Cook -Off, and the Junior League's Oktoberfest.
k -
David Dangerfield relayed the time schedule and further information on the Chili Coalso and discussed the details of the International Festival of Ale and Fine Wine, which will o
be held at Pointe West.
6. APPROVAL OF MINUTES
6.A. BUDGET WORKSHOP OF JULY 14 2010
6.B. REGULAR MEETING OF SEPTEMBER 7 2010
The Chairman asked if there were any corrections or additions to the minutes of the
There were
Budget Workshop of July 14, 2010, or the Regular Meeting of September 7, 2010.
none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the minutes of the Budget Workshop of July 14, 2010, and
the Regular Meeting of September 7, 2010, as written.
October 12, 2010
1-3
7. INFO
RMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT RE TARING BOARD ACTION
7.A. RECOGNITION OF FDOT APPOINTEE TO THE TRANSPORTATION
DISADVANTAGED LOCAL COORDINATING BOARD
Noted for the record was the appointment of Project Specialist Jayne Pietrowski as the
ement for Jaclyn Meli as the Florida Department of Transportation's representative to the
replac
Count's Transportation Disadvantaged Local Coordinating Board. Ms. Meli will be Ms.
Y
Pietrowski's alternate.
8. CONSENT AGENDA
Vice Chairman Solari requested Item 8.G. be pulled for discussion.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - SEPTEMBER 24 2010 TO
SEPTEMBER 30.2010
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
list of Warrants and Wires as issued by the Clerk to the
Board for the time period of September 24, 2010 to
September 30, 2010, as requested in the memorandum of
September 30, 2010.
4
October 12, 2010
8.B. APPROVAL OF WARRANTS AND WIRES - OCTOBER 1 2010
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
list of Warrants and Wires as issued by the Clerk to the
Board for October 1, 2010, as requested in the
memorandum of October 1, 2010.
8. C. APPROVAL OF PAYMENT FOR WORK ORDER No. 3 FOR SEDIMENTATION
SYSTEM DREDGING AT PC MAIN MAIN RELIEF CANAL POLLUTION
CONTROL FACILITY)
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously authorized
payment of Work Order No. 3 with EMC Divers, Inc., in
the amount of $6,820.00, as recommended in the
memorandum of October 4, 2010.
8.D. PROFESSIONAL ENGINEERING SERVICES FROM CARTER ASSOCIATES
INC. FOR ENGINEERING MODIFICATIONS RELATED TO 53RD STREET
ROADWAY IMPROVEMENTS IRC PROJECT NO. 0107
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved and
authorized the Professional Civil Engineering Services
Agreement with Carter Associates, Inc., for a not -to -
exceed amount of $4,210.00, as recommended in the
memorandum of October 4, 2010.
October 12, 2010
5
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. WORK ORDER No. 14 ENGINEERING/SURVEYING FINAL PAY RELEASE
OF RETAINAGE - MASTELLER MOLER REED AND TAYLOR INC. DALE
WIMBROW AND DONALD MACDONALD PARKS BOUNDARY -
TOPOGRAPHIC -AERIAL PHO TO GRAMME TRIC SURVEY
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved
payment of Masteller, Moler, Reed & Taylor, Inc., Invoice
No. 3071-9291 dated September 27, 2010, in the amount
of $3,838.80, as recommended in the memorandum of
September 29, 2010.
8. F. FINAL PAY TO CONTINUING CONSULTING SERVICES WORK ORDER Na 4
WITH MASTELLER & MOLER INC. FOR ENGINEERING SERVICES FOR
CONVERSION OF LATERAL G FORCE MAIN TO REUSE MAIN - UCP NO.
2830
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved final
payment of Work Order No. 4 with Masteller and Moler,
Inc., for $412.30, as recommended in the memorandum of
September 17, 2010.
October 12, 2010
6
8. G. LEASE BACK OF RIGHT-OF-WAY ALONG 66"" AVENUE, 4560 67T"
AVENUE, VERO BEACH
Vice Chairman Solari wondered why liability insurance for the tenants had not been
required in the lease back agreement.
Attorney Polackwich conveyed that because the property was not vacant land, neither he,
nor Risk Management staff, had viewed the insurance as necessary. IIe assured the
Commissioners that if they wished to add the insurance, staff had no problem in doing so.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Davis, the Board, with the condition that
the tenants provide liability insurance, unanimously
approved and authorized the Chairmanto execute the
Lease Agreement with Randy and Linda Kurpil.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN'S
FUTURE LAND USE ELEMENT POLICIES 1.22 AND 1.36 TO ALLOW FOR
EXPANSION OF COMMERCIAL/INDUSTRIAL NODES FOR LARGE SCALE
RESEARCH/TECHNOLOGY/IND USTRIAL PARKS AND TO ACCOMMODATE
AND REGULATE EXPANSION OF THE COMMERCIAL/IND USTRIAL NODE AT
THE NORTHWEST CORNER OF SR 60 AND 98TH AVENUE (LEGISLATIVE)
October 12, 2010
7
(Clerk's Note: Public Hearings 10.A.1. and 10.A.2. were heard conjointly).
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Bob Keating stated that Public hearings 10.A.1. and
10.A.2 were related and could be combined; however, each item would require a separate vote.
Through a PowerPoint presentation (on file), he provided background, conditions, and a detailed
analysis on the requests of Corrigan et al: (1) for a text amendment to Future Land Use
Element (FLUE) Policies 1.22 and 1.36 to modify the County's C/I (Commercial/Industrial)
node policy and establish site specific use limitations for the redesignated land; and (2) for a
Future Land Use map amendment expanding the Urban Service Area (USA) and re -designating
the subject acres from AG -2 (Agricultural -2) to C/I. He explained that originally four property
owners, Corrigan Family Limited Partnership, Lambeth Citrus, Ltd , B.F. Bailey, III, and
Donald S. Beaty, had requested the amendments, but Mr. Beaty has withdrawn his application,
reducing the proposed redesignated property from *674.17 to *562 acres. Director Keating
thereafter confirmed the recommendations of both the Planning and Zoning Commission and
staff for Board approval of both Future Land Use Amendments through adoption of the proposed
Ordinances, excluding the Beaty property.
A broad -ranging discussion ensued, as staff responded to questions and comments from
the Board members. Several Commissioners mentioned that it seemed beneficial for Mr Beaty
to include his property in the Comprehensive Plan Amendments, and further deliberations
occurred on whether to table the public hearings for one week to allow him to reactivate his
application, if he wished.
Christopher H. Marine, Esquire, representing the four property owners, advised that
Mr. Beaty had been adamant about withdrawing his application from the Comprehensive Plan
Amendment applications.
8
October 12, 2010
The Chairman opened the Public Hearing.
Helene Caseltine, Chamber of Commerce, voiced support for the proposed amendments,
which she felt would enhance the County's image as a business -friendly community.
There being no additional speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve
staff's recommendation.
Attorney Polackwich clarified that the amendments to Future Land Use Element Policy
1.36 would exclude the Donald S. Beaty property.
The Chairman CALLED TIIE QUESTION and the
Motion carried unanimously. The Board adopted
Ordinance 2010-020, as modified to exclude the Donald
S. Beaty property, amending the Comprehensive Plan's
Future Land Use Element Policies 1.22 and 1.36, to allow
for the expansion of Commercial/Industrial Nodes for
large-scale Research/Technology/Industrial Parks and to
increase the size and use allowances of the
Commercial/Industrial designated property located north
of SR 60 and west of 98th Avenue; and providing
codification, severability, and effective date.
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve
Corrigan et al's request to amend the Comprehensive Plan
9
October 12, 2010
to expand the County's Urban Service Area (USA), and to
redesignate +674.17 +562.30 acres from AG -2,
Agricultural -2 to C/ I, Commercial/Industrial.
The Chairman re -opened the Public Hearing.
Renee Renzi, Vero Beach, asked whether any businesses had thus far expressed interest
in the subject property, and whether the site would retain its agricultural status until it is built up.
Brian Carman, Indian River Neighborhood Association, expressed support for the
Comprehensive Plan Amendments.
There being no additional speakers, the Chairman closed the Public Hearing.
The Chairman CALLED TIIE QUESTION, and the
Motion carried unanimously. The Board adopted
Ordinance 2010-021, as modified to exclude the Donald
S. Beaty property, amending the future Land Use Map by
expanding the County's Urban Service Area, and by
changing the land use designation for approximately
± 674.17 +562.30 acres, located mainly west of 102nd
Avenue and north of SR 60 from AG -2, Agricultural — 2
(up to 1 unit per 10 acres), to C/I Commercial/Industrial
District, and providing codification, severability, and
effective date.
10
October 12, 2010
10.A.2. CORRIGAN ET AL'S REQUEST TO AMEND THE COMPREHENSIVE PLAN TO
EXPAND THE COUNTY'S URBAN SERVICE AREA (USA) AND TO
REDESIGNATE 1 674.17 ACRES LOCATED GENERALLY WEST OF 102ND
AVENUE AND NORTH OF S. R. 60 FROMAG-2, AGRICULTURAL -2 (UP TO I
UNIT/10 ACRES), TO C/I, COMMERCIAL/INDUSTRIAL(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARINGS IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
(Clerk's Note: For discussion and Board Action on this item, please refer to Item 10.A.1.
Motion is duplicated here for continuity).
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Wheeler, to approve
Corrigan et al's request to amend the Comprehensive Plan
to expand the County's Urban Service Area (USA), and to
redesignate +674.17 +562.30 acres from AG -2,
Agricultural -2 to C/ I, Commercial/Industrial.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board adopted
Ordinance 2010-021, as modified to exclude the Donald
S. Beaty property, amending the future Land Use Map by
expanding the County's Urban Service Area, and by
changing the land use designation for approximately
+ 671.17 +562.30 acres, located mainly west of 102nd
Avenue and north of SR 60 from AG -2, Agricultural — 2
(up to 1 unit per 10 acres), to CII, Commercial/Industrial
11
October 12, 2010
District, and providing codification, severability, and
effective date.
10.A.3. CONSIDERATION OF EAR (E VAL UATIONAND APPRAISAL REPORT) BASED
AMENDMENTS TO THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Community Development Director Robert Keating stated that on May 11, 2010, the
Board had approved transmittal of the proposed amendments to the County's 2020
Comprehensive Plan, to the Department of Community Affairs (DCA) for review, and today is
the final public hearing to consider revision of the 2020 Comprehensive Plan. Through a
PowerPoint presentation (on file) he outlined the seven comments and single objection (see
pages 187 and 188 of backup) in DCA's Objections, Recommendations, and Comments (ORC)
Report, and asked the Board how it wished to handle a comment regarding the objection of the
St. John's River Water Management District (SJRWMD) to Policy 1.12 of the Intergovernmental
Coordination Element. He reported that staff had addressed DCA's objection to include an
Energy Conservation Map in its Future Land Use Element (a new State requirement), by revising
the Future Land Use Map to designate the Urban Service Area (USA) as the County's "Energy
Conservation Map". Director Keating thereafter confirmed the recommendations of the Planning
and Zoning Commission and staff for the Board to adopt the Ordinance approving the EAR
based amendments and to direct staff to submit the amendments to DCA for its compliance
finding.
Chairman O'Bryan wanted to know whether Amendment 4, if passed at the November 2,
2010 General Election, would require putting each individual amendment up for voter approval.
(Clerk's Note: Amendment 4 proposed requiring a taxpayer funded referendum for all
changes to local government comprehensive land -use plans).
12
October 12, 2010
Director Keating revealed that there was uncertainty as to whether each of the sixteen
elements/sub-elements in the Comprehensive Plan would require a separate ballot; however, the
Consensus among interested parties was that the amendments could not be approved as one
issue.
Chairman O'Bryan surmised that each amendment within the elements would require
approval.
Discussion ensued as Board members speculated on how the passage of Amendment 4
might affect the Comprehensive Plan Amendment process in the future, and what the effective
date of the initiative would be.
Vice Chairman Solari wanted to know what the Energy Conservation Map was supposed
to show.
Director Keating said the requirement for the Energy Conservation Map carne from
House Bill 697 (HB 697), and the rules for implementing the bill are still being promulgated.
He clarified that the purpose of HB 697 was to designate an area of more concentrated
development, which would result in less urban sprawl and enhanced energy conservation, which
is consistent with the reasons staff has depicted an Urban Service Area (USA) on the Future
Land Use map.
A comprehensive discussion followed on how the inclusion of the Energy Conservation
Map might impact the County. Several Board members declared that the inclusion of the Energy
Conservation Map, when the rules were not yet formulated, was unwarranted and might lead to
future unfunded mandates or other detrimental consequences for the County. Other discussion
points included selecting a different area (other than the Urban Service Area) for the Energy
Conservation Map; whether the Comprehensive Plan Amendments could be sent to DCA without
the Energy Conservation Map; whether the item should be TABLED for one week to garner
more information on House Bill 697; and what the intent of HB 697 is.
13
October 12, 2010
County Attorney Alan Polackwich, Sr. advised that since DCA can only find the
Comprehensive Plan Amendments in compliance as a total package, if the Energy Conservation
Map is omitted or inconsistent with the requirements, the amendments as a whole will be found
non-compliant. He opined that it would be beneficial to complete the amendment process prior
to the General Election, due to the uncertainty of Amendment 4's passage and the impact it
might have on the Comprehensive Plan amendment process in the future.
Director Keating shared Attorney Polackwich's view that the EAR based amendments
should be adopted before the General Election.
The Chairman called at break at 10:45 a.m. and reconvened the meeting at 10:59 a.m.,
with all members present.
The Chairman opened the Public Hearing.
Brian Carman, Indian River Neighborhood Association (IRNA), expressed concerns
about a future increase in the local option gas tax, as mentioned in the Transportation Element
(see page 230 of the backup). He also spoke in support of Amendment 4.
There being no additional speakers, the Chairman closed the Public Hearing.
Chairman O'Bryan asked the Board if there were any objections to retaining Policy 1.12
of the Intergovernmental Coordination Element (as referenced by Director Keating in his
presentation) in the Comprehensive Plan. There were no objections.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman O'Bryan, to approve staff's
recommendation.
14
October 12, 2010
Commissioner Davis declared that he opposed the Motion, as he saw no reason for the
Energy Conservation Map because the County s Urban Service Area already accomplishes the
goals of HB 697.
Vice Chairman Solari voiced further objections to the Energy Conservation Map and
asked staff to prepare a report highlighting the Commission's main concerns and outlining the
rationale for designating the Urban Service Area as the region. He noted that he would use the
report as a tool in his conversations with the State Legislative Delegation.
The Chairman CALLED THE QUESTION, and by a 4-1
vote (Commissioner Davis opposed), the Motion carried.
The Board adopted Ordinance 2010-022, adopting the
County's EAR based Amendments to its 2020 Indian River
County Comprehensive Plan; and providing codification,
severability, and effective date.
10.B. PUBLIC DISCUSSION ITEMS -NONE
10.C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER 19, 2010:
CONSIDERATION OF PROPOSED LAND DEVELOPMENT REGULATION
(LDR) AMENDMENT TO ELIMINATE THE "OTHER CORRIDOR"
COMPLIANCE DEADLINE FOR REPLACING OR MODIFYING NON-
CONFORMING FREE-STANDING SIGNS (LEGISLATIVE)
10.C2. NOTICE OF SCHEDULED PUBLIC HEARING FOR OCTOBER 19, 2010:
PROPOSED ISSUANCE BY PALM BEACH COUNTY HEALTH FACILITIES
AUTHORITY OF ITS RETIREMENT COMMUNITY REVENUE BONDS ON
15
October 12, 2010
BEHALF OF ACTS RETIREMENT -LIFE COMMUNITIES, INC.
(ADMINISTRATIVE)
County Attorney Alan S. Polackwich, Sr. read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT -NONE
12. B. EMERGENCY SERVICES -NONE
12.C. GENERAL SERVICES
12. C.1. TENANT'S REQUEST TO MODIFY AND EXTEND LEASE BETWEEN INDIAN
RIVER COUNTY AND MARK SMITH AT SOUTH COUNTY PARK
Assistant County Administrator Michael Zito recapped the memorandum of October 1,
2010, to provide background information on Mark Smith's request to extend his lease at South
County Park. He noted that Mr. Smith is a retired deputy who resides in a mobile home and
provides a security presence at the park, which had included a marked patrol car until he retired
as an active deputy.
Paul Smith, a.k.a. Mark Smith, explained that he is in the Reserve Unit of the Sheriff's
Department and still maintains arrest powers, which is a requirement under his lease agreement.
He conveyed that he has purchased a home, but has not yet found a qualified buyer/renter for his
mobile home, and asked the Board for a lease extension allowing him time to do so.
16
October 12, 2010
Commissioner Flescher vouched for Mr. Smith's capabilities and intentions.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Wheeler, to extend Mark
Smith's lease agreement for six (6) months to allow him
the opportunity to secure a tenant or purchaser for his
mobile home at South County Park.
Discussion ensued regarding Mr. Smith's excellent performance during his residency at
South County Park; the need to have a law enforcement presence (with or without the onsite
police car), at the park, and the difficulties faced by Mr. Smith in finding a buyer/renter in these
economic times.
Chairman O'Bryan suggested erecting signage attesting to the presence of a law
enforcement officer at the park, and asked Assistant Administrator Zito to come up with an
alternative that keeps a deputy at the park, without requiring the squad car.
The Chairman CALLED TILE QUESTION, and the
Motion carried unanimously. The Board approved to
extend for six (6) months the lease with Paul "Mark"
Smith at South County Park.
12. C.2. CONCEPTUAL APPROVAL OF VERO BEACH SPORTS VILLAGE USER
GROUP AGREEMENT AND REQUEST FOR 30 DAY EXTENSION TO RETURN
FINAL AGREEMENT
(Clerk's Note: This item was heard following the Consent Agenda and is placed here for
continuity).
17
October 12, 2010
Assistant County Administrator Michael Zito recalled that on August 17, 2010, the Board
conceptually approved holding the annual Mardy's Tennis & Jake's Music Fest charity concert
at Vero Beach Sports Village (F/K/A Dodgertown), and asked staff to return with the Holman
Stadium Use Agreement. He explained that the event organizers are in the process of forming a
new 501(c)(3) corporation and are now able to execute the contract as the Jake Owen
Foundation. He added that the Foundation has requested reduction of the security deposit from
$10,000 to $5,000.
Attorney Polackwich discussed the status of the Jake Owen Foundation's 501(c)(3)
status, and suggested that the first paragraph on page 1 of the Indian River County Holman
Stadium Use Agreement be amended from "....Jake Owen Foundation, a 501(c)(3) corporation,
in formation..." to "....Jake Owen Foundation, a 501(c)(3) corporation, application
pending..."
Chairman O'Bryan directed staff to return with a final version of the Holman Stadium
Use Agreement with the Jake Owen. Foundation.
Michelle L. Cope, Event Director, C & II Events, Inc., reported that there would be a
Kids' Tennis Clinic on December 10, 2010, to be followed by the Jake Owen Concert, with a
rain date of December 11, 2010, and the Luncheon and Tennis Exhibition hosted by Mardi Fish
would be on December 11, 2010. She described how proceeds from the events would be utilized
by the Mardy Fish Foundation to support youth organizations in the County.
•
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Holman Stadium Use Agreement with the Jake Owen
Foundation for the annual "Mardy's Tennis & Jake's
Music Fest" charity concert at the Vero Beach Sports
Village (F/K/A Dodgertown), including the deposit
reduction, with an extension of time not to exceed 30 days
18
October 12, 2010
to return the final agreement for Board approval on the
Consent Agenda, as recommended in the memorandum of
October 5, 2010.
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
12.1.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Christopher Mora through a PowerPoint presentation (on file)
updated the Board on the status of Phase 1 and Phase 2 of the Sector 3 Beach Renourishment
Project. He advised that the sections of Phase 1 beaches which are not yet completed are Golden
Sands Park, Sanderling Beach, and parts of Orchid Island He anticipated having a Notice -to -
Proceed from the Department of Environmental Protection (DEP) to complete Phase 1 by
November 3, 2010.
A brief discussion ensued as Director Mora with input from James Gray, County Coastal
Engineer, and Tem Fontaine, Coastal Technology, Inc., responded to questions and comments
from the Board regarding the necessity to get an additional Notice to Proceed for Phase 1 from
the DEP.
19
October 12, 2010
Director Mora related that Phase 2 of the Project would begin at Seaview Development
and extend south to Golden Sands Park, with park closures at Treasure Shores Park from
February 1 through late March 2011, and at Golden Sands Park from late March until the end of
April 30, 2011. He conveyed that the DEP would have to evaluate the upland sand sources for
compatibility in relation to the Sector 3 Turtle Test Plan, and anticipated receiving by December
1, 2010, the construction Notice -to -Proceed for Phase 2. Director Mora mentioned that at the
October 19, 2010 Commission meeting, staff would be presenting Ranger Construction
Industries, Inc.'s request for the County to prepay for the processing of some of the Phase
1/Phase 2 sand.
Further discussion ensued regarding Ranger's request for prepayment, as staff addressed
remarks and questions from individual Commissioners.
12.1.2. WORK ORDER No. 11 (TASKS 1-4) COASTAL TECHNOLOGY CORPORATION
INC., SECTOR 3 BEACH RESTORATION PROJECT, PHASE II
CONSTRUCTION PHASE SERVICES
Public Works Director Christopher Mora presented staff's request for the Board to
approve Work Order No. 11, Tasks 1-4, which is associated with ongoing construction. He
reported that the total cost of the Work Order would be $316,243.
O\ MOTION BY Commissioner Davis, SECONDED by
Commissioner Wheeler, the Board approved and
authorized the Chairman to execute the agreement to
contract with Coastal Technology Corporation, Inc. for
only Tasks 1 — 4 of Work Order No. 11 at this time, as
these services are necessary for Sector 3 Phase II
Construction. Tasks 1 — 4 of Work Order No. 11 total
$316,243, as stated and recommended in the memorandum
of October 4, 2010.
20
October 12, 2010
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.1.3. DAILY DOSE CAFE - TEMPORARY RENT RELIEF
Public Works Director Christopher Mora provided background on the request of Julie
Anderson, lessee and operator of the Daily Dose Cafe (located in Building A of the County
Administration Building), for the Board to grant a twelve-month extension (from September 30,
2010 to September 30, 2011) on her current rent relief period, and to reduce the $1,200 security
deposit to the County. He suggested that in view of the poor economy, a $500 deposit would be
more affordable. Director Mora thereafter presented staff's recommendation for the Board to
extend the rent relief period until September 30, 2011 and to reduce the security deposit from
$1,200 to $500.
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to extend the
rent relief period for Julie Anderson, Daily Dose Cafe, for
twelve (1.2) months, from September 30, 2010 until
September 30, 2011, and to reduce the security deposit
from $1,200 to $500.
Commissioner Wheeler questioned the necessity for the security deposit.
Vice Chairman Solari opposed the Motion because he felt that it puts government in
competition with the private sector.
Commissioners Flescher and Davis spoke to the benefits of having the Daily Dose Cafe
in the Administration Building.
21
October 12, 2010
MOTION WAS AMENDED by Commissioner Davis,
SECONDED by Commissioner Flescher, to waive the
security deposit.
The Chairman CALLED TIIE QUESTION, and by a 4-1
vote (Vice Chairman Solari opposed), the Motion carried.
The Board: (1) granted the request of Julie Anderson to
extend the temporary rent relief period for 12 months,
from September 30, 2010 until September 30, 2011; at that
time, staff will once again review the financial
performance of the cafeteria and recommend an
appropriate rent for consideration by the Board of County
Commissioners; and (2) waived the security deposit.
12. J UTILITIES SERVICES -NONE
13. COUNTY ATTORNEY MATTERS
13.A. PURCHASE AND SALE AGREEMENT - ROY AND CINDY BASS, 5210, 5220
85m STREET (C.R. 510)
Deputy County Attorney Bill DeBraal recalled that on September 7, 2010, the Board had
directed staff to extend a final total offer of $350,000 for the purchase of right-of-way property
located at 5210, 5220 85th' Street (CR 510), owned by Roy and Cindy Bass. He recapped the
memorandum. of October 5 2010 to provide background information, and conveyed the Bass's
acceptance of the all-inclusive fee of $350,000, with a one-year leaseback. Attorney DeBraal
reminded Commissioners that this was an advance purchase which would be needed to construct
a stormwater retention pond site between the railroad tracks and the sand ridge.
22
October 12, 2010
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved and
authorized the Chairman to execute the Agreement for the
Purchase and Sale of Real Estate and Lease with Roy and
Cindy L. Bass, for the purchase price of $350,000
inclusive of all attorney's fees, expert witness fees, and
costs, as recommended in the memorandum of October 5,
2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. ®'BRYAN, CHAIRMAN -NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER-NONE
14.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE
23
October 12, 2010
1 5.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 12:20
p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: DEC 2 2010
BCC/MG/2010Minutes
October 12, 2010
PL41/.b o
Peter D. O' BrY an Chairman
24