HomeMy WebLinkAbout12/21/2010 (3)COUNTY COMMISSIONERS
Bob Solari, Chairman
Gary C. Wheeler, Vice Chairman
Wesley S Davis
Joseph E Flescher
Peter D. O'Bryan
1. CALL TO ORDER
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, DECEMBER 21, 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
District 5
District 3
District 1
District 2
District 4
9:00 A.M.
Joseph A. Baird, County Administrator
Alan S. Polackwich, Sr , County Attorney
Jeffrey K. Barton, Clerk to the Board
Teddy Floyd, Indian River County Sheriff's
Office
Joseph A. Baird, County Administrator
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Recognizing
Management, Inc. of Florida
6. APPROVAL OF MINUTES
A. Regular Meeting of October 12, 2010
December 21, 2010
Debbie Perez of Waste
PAGE
1
Page l of 6
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Notice of Indian River County Mayor's Meeting Hosted by the City of
Sebastian
PAGE
2
B. Town of Orchid Appointments to County Committees and Regional Boards
for 2010-2011
(memorandum dated December 13, 2010)
3-4
C. Resignation of Member -At -Large Appointee to the Economic Development
Council
(memorandum dated December 14, 2010)
5-6
D. Appointment of District 4 Appointee to the Planning & Zoning Commission
(memorandum dated December 14, 2010) 7-10
8. CONSENT AGENDA
A. Approval of Warrants and Wires — December 3, 2010 to December 9, 2010
(memorandum dated December 9, 2010)
11-18
B. Authorization to Attend National Conference on Beach Preservation
(memorandum dated December 14, 2010) 19-25
C. Miscellaneous Budget Amendment 004
(memorandum dated December 10, 2010) 26-36
D. Final Payment to Schulke, Bittle & Stoddard, LLC, Phase III College Lane
WM Extension UCP -4030
(memorandum dated November 30, 2010)
37-40
E. RFQ 2011020 Design Services for Jail Fire Alarm — Shortlist
(memorandum dated December 13, 2010) 41-44
F. Request for Release of Retainage and Extension of Professional Services
Agreement with Ecological Associates, Inc.
(memorandum dated December 8, 2010)
45-48
G. Work Order No. 1 (Engineering) with Dunkelberger Engineering & Testing,
Inc., 5th Street SW Bridge Replacement and 43`d Avenue Roadway
Improvements, IRC Project No. 0206 — Release of Retainage
(memorandum dated December 9, 2010)
49-50
H. Work Order No. 11 (Engineering/Surveying), Masteller, Moler Reed and
Taylor, Inc., CR512 Phase IV Roadway Improvements Final Right -of -Way
Mapping, Project Final Pay and Release of Retainage
(memorandum dated December 9, 2010)
51-52
December 21, 2010 Page 2 of 6
8. CONSENT AGENDA PAGE
I. Interest Rate Change on All County Financing (Petition Paving, Utility
Assessment Projects, Utility Impact Fees etc.)
(memorandum dated December 13, 2010) 53-54
J. Declare Excess Equipment Surplus for Sale or Disposal
(memorandum dated December 14, 2010) 55-59
K. Final Payment, Oyster Colonization Pilot Program at Spoonbill March
Facility
(memorandum dated December 8, 2010)
60-62
L. Approval of Lease Renewals for Tenants at Donald MacDonald Park,
Gifford Park, and the Indian River County Fairgrounds
(memorandum dated December 15, 2010)
63-89
M. Egret Marsh Regional Stormwater Park — Approval of Purchase Order with
Sustainable Engineering & Design, L L C. for Project Record Drawings
(memorandum dated December 14, 2010)
90-104
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
None
B. PUBLIC DISCUSSION ITEMS
None
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing for January 11, 2011:
Pointe West of Vero Beach, Ltd 's Request to Modify the Approved
Planned Development (PD) Conceptual Plan for the Pointe West
School Site (Tract M)
(memorandum dated December 13, 2010)
Legislative
11. COUNTY ADMINISTRATOR MATTERS
None
December 21, 2010
105
Page 3 of 6
12.
DEPARTMENTAL MATTERS PAGE
A.
Community Development
1. Request to Review the Neighborhood Stabilization Program
Community Development Block Grant Home Purchase Group #1
Applicant List for Conflict of Interest
(memorandum dated December 9, 2010)
106-110
B. Emergency Services
None
C. General Services
None
D. Human Resources
None
E. Human Services
None
F. Leisure Services
None
G. Office of Management and Budget
1. Implementation of Florida League of Cities 457 Deferred
Compensation Plan
(memorandum dated December 15, 2010)
H.
111-120
Recreation
None
I. Public Works
None
J.
December 21, 2010
Utilities Services
1. Upgrade and Automation of the Reuse Distribution System — UCP
4065
(memorandum dated December 1, 2010)
121-122
Page 4 of 6
13. COUNTY ATTORNEY MATTERS
A. Approval of Mediation Agreement for Parcel 134 owned by The Abazis
Family, 6800 57th Street, Vero Beach
(memorandum dated December 13, 2010)
PAGE
123-129
B. Exchange of Dodgertown Properties with City of Vero Beach
(memorandum dated December 14, 2010) 130-187
14. COMMISSIONERS ITEMS
A. Commissioner Bob Solari, Chairman
None
B.
Commissioner Gary C, Wheeler, Vice Chairman
None
C. Commissioner Wesley S. Davis
None
D. Commissioner Joseph E. Flescher
None
E.
Commissioner Peter D. O'Bryan
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
B. Solid Waste Disposal District
1. Temporary Equipment Lease with Republic Services
(memorandum dated December 14, 2010)
C.
188-194
Environmental Control Board
None
16. ADJOURNMENT
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
December 21, 2010 Page 5 of 6
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.
December 21, 2010
Page 6 of 6
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
DECEMBER 21, 2010
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
MOVED: ITEM 13.B. "EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO
BEACH" TO FOLLOW ITEM 15.B.1. TEMPORARY EQUIPMENT LEASE WITH
REPUBLIC SERVICES 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION RECOGNIZING DEBBIE PEREZ OF WASTE
MANAGEMENT, INC. OF FLORIDA 2
6. APPROVAL OF MINUTES 2
6.A. REGULAR MEETING OF OCTOBER 12, 2010 2
1
December 21, 2010
7 INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. NOTICE OF INDIAN RIVER COUNTY MAYOR'S MEETING HOSTED BY THE CITY
OF SEBASTIAN 3
7.B. TOWN OF ORCHID APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL
BOARDS FOR 2010-2011 3
7.C. RESIGNATION OF MEMBER -AT -LARGE APPOINTEE TO THE ECONOMIC
DEVELOPMENT COUNCIL 4
7.D. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 3, 2010 TO DECEMBER 9,
2010 5
8.B. AUTHORIZATION TO ATTEND NATIONAL CONFERENCE ON BEACH
PRESERVATION 5
8.C. MISCELLANEOUS BUDGET AMENDMENT 004 5
8.D. FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD, LLC, PHASE III COLLEGE
LANE WM EXTENSION UCP -4030 6
8.E. RFQ 2011020 DESIGN SERVICES FOR JAIL FIRE ALARM - SHORTLIST 6
8.F. REQUEST FOR RELEASE OF RETAINAGE AND EXTENSION OF PROFESSIONAL
SERVICES AGREEMENT WITH ECOLOGICAL ASSOCIATES, INC. 7
8.G. WORK ORDER NO. 1 (ENGINEERING) WITH DUNKELBERGER ENGINEERING &
TESTING, INC., 5TH STREET SW BRIDGE REPLACEMENT AND 43RD AVENUE
ROADWAY IMPROVEMENTS, IRC PROJECT NO. 0206 — RELEASE OF RETAINAGE 8
8.H. WORK ORDER No. 11 (ENGINEERING/SURVEYING), MASTELLER, MOLER REED
AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS FINAL RIGHT-
OF-WAY MAPPING, PROJECT FINAL PAY AND RELEASE OF RETAINAGE 8
8.I. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING,
UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) 9
8.J. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL 9
8.K. FINAL PAYMENT, OYSTER COLONIZATION PILOT PROGRAM AT SPOONBILL
MARCII MARSH FACILITY 10
2
December 21, 2010
8.L. APPROVAL OF LEASE RENEWALS FOR TENANTS AT DONALD MACDONALD
PARK, GIFFORD PARK, AND THE INDIAN RIVER COUNTY FAIRGROUNDS 10
8.M. EGRET MARSH REGIONAL STORMWATER PARK - APPROVAL OF PURCHASE
ORDER WITH SUSTAINABLE ENGINEERING & DESIGN, L L C FOR PROJECT
RECORD DRAWINGS 11
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE 11
10. PUBLIC ITEMS 11
10.A. PUBLIC HEARING(S) - NONE 11
10.B. PUBLIC DISCUSSION ITEMS —NONE 11
10.C. PUBLIC NOTICE ITEMS 12
10.0.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 1 1, 2011: POINTE
WEST OF VERO BEACH, LTD.'S REQUEST TO MODIFY THE APPROVED PLANNED
DEVELOPMENT (PD) CONCEPTUAL PLAN FOR THE POINTE WEST SCHOOL SITE
(TRACT M) (LEGISLATIVE) 12
11. COUNTY ADMINISTRATOR MATTERS - NONE 12
12. DEPARTMENTAL MATTERS 12
12.A. COMMUNITY DEVELOPMENT 12
12.A.1. REQUEST TO REVIEW THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOME PURCHASE GROUP #1
APPLICANT LIST FOR CONFLICT OF INTEREST 12
12.B. EMERGENCY SERVICES - NONE 13
12.C. GENERAL SERVICES - NONE 13
12.D. HUMAN RESOURCES - NONE 13
12.E. HUMAN SERVICES - NONE 13
12.F. LEISURE SERVICES - NONE 13
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 13
12.G.1. IMPLEMENTATION OF FLORIDA LEAGUE OF CITIES 457 DEFERRED
COMPENSATION PLAN 13
3
December 21, 2010
12.H. RECREATION - NONE 14
12.I. PUBLIC WORKS - NONE 14
12.J. UTILITIES SERVICES 14
12.J.1. UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM - UCP
4065 14
13. COUNTY ATTORNEY MATTERS 15
13.A. APPROVAL OF MEDIATION AGREEMENT FOR PARCEL 134 OWNED BY THE
ABAZIS FAMILY, 6800 57T" STREET, VERO BEACH 15
13.B. EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH 17
14. COMMISSIONER ITEMS 21
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 21
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE 22
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 22
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 22
14.E. COMMISSIONER PETER D. O'BRYAN - NONE 22
15. SPECIAL DISTRICTS AND BOARDS 22
15.A. EMERGENCY SERVICES DISTRICT - NONE 22
15.B. SOLID WASTE DISPOSAL DISTRICT 22
15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES 22
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 22
16. ADJOURNMENT 22
4
December 21, 2010
JEFFREY K. BARTON
Clerk to the Board
December 21, 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, December 21, 2010. Present were Chairman Bob Solari, Vice Chairman Gary C.
Wheeler, Commissioners Wesley S. Davis, Joseph E Flescher and Peter D. O'Bryan. Also
present were County Administrator Joseph A. Baird, County Attorney Alan S. Polackwich, Sr.,
and Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman Solan called the meeting to order at 9:00 a.m.
2. INVOCATION
Teddy Floyd, Indian River County Sheriff's Office, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Administrator Baird led the Pledge of Allegiance to the Flag.
1
December 21, 2010
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
MOVED: ITEM 13.B. "EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO
BEACH" TO FOLLOW ITEM /5.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC
SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION RECOGNIZING DEBBIE PEREZ OF
WASTE MANAGEMENT, INC. OF FLORIDA
Commissioner Davis read and presented the Proclamation to Debbie Perez of Waste
Management, Inc of Florida.
Managing Director Himanshu Mehta, Solid Waste Disposal District, expressed his
appreciation to Ms. Perez for her invaluable expertise and excellent job performance.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF OCTOBER 12, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 12, 2010. There were none.
2
December 21, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of October 12, 2010,
as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. NOTICE OF INDIAN RIVER COUNTY MAYOR'S MEETING HOSTED BY THE
CITY OF SEBASTIAN
Noted for the record was the meeting where Mayors of five municipalities in Indian River
County will conduct a meeting on Monday January 10, 2011, in the Sebastian City Council
Chambers, City Hall, 1225 Main Street, Sebastian, Florida, beginning at 9:00 a.m.
7.B. TOWN OF ORCHID APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2010-2011
Noted for the record was the list of newly appointed Council members and appointments
from the Town of Orchid to County Committees and Regional Boards (page 4 of the Agenda
Packet). (Council members: Hams Webber, Richard Dunlop, Deb Branwell, and Francis "Bud"
Oatway).
3
December 21, 2010
7.C. RESIGNATION OF MEMBER -AT -LARGE APPOINTEE TO THE ECONOMIC
DEVELOPMENT COUNCIL
Noted for the record was the resignation of Andrew Kennedy, Member -at -Large
Appointee from the Economic Development Council effective immediately. His term would
have expired on December 31, 2010.
7.D. APPOINTMENT OF DISTRICT 4 APPOINTEE TO THE PLANNING & ZONING
COMMISSION
Noted for the record was the appointment of Jonathan Day as the District 4 Appointee to
the Planning and Zoning Commission. He will replace Greg Smith, and his term will expire in
2012.
8. CONSENT AGENDA
Vice Chairman Wheeler requested to pull Item 8.E. from the Consent Agenda for
discussion.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the Consent Agenda, as amended.
4
December 21, 2010
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 3, 2010 TO
DECEMBER 9, 2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner 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 December 3, 2010 to
December 9, 2010, as requested in the memorandum of
December 9, 2010.
8.8. AUTHORIZATION TO ATTEND NATIONAL CONFERENCE ON BEACH
PRESERVATION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
out of County travel for Commissioners and staff to attend
the 24th Annual National Conference on Beach
Preservation Technology in Jacksonville, Florida, from
Wednesday, February 9, 2011 through Friday, February
11, 2011, as requested in the memorandum of December
14, 2010.
8.C. MISCELLANEOUS BUDGET AMENDMENT 004
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
Resolution 2010-124, amending the fiscal year 2010-2011
Budget.
5
December 21, 2010
8.D. FINAL PAYMENT TO SCHULKE, BITTLE & STODDARD, LLC, PHASE III
COLLEGE LANE WMEXTENSION UCP -4030
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
final payment to Schulke, Bittle and Stoddard, LLC, for
design and construction services, in the amount of
$250.00, and authorized the Chairman to execute same, as
recommended in the memorandum of November 30, 2010.
8.E. RFO 2011020 DESIGN SERVICES FOR JAIL FIRE ALARM - SHORTLIST
Vice Chairman Wheeler wanted to know if staff had considered the Inmate Welfare fund
or the ability to use impact fees for the replacement of the existing fire alarm at the jail.
Administrator Baird stated that impact fees could be used if this replacement were
considered part of the building expansion. He said he would review the funds and bring the
information back to the Board in January if there are changes, and if not, he would supply a
report.
Sheriff Deryl Loar expressed that impact fees are for the expansion of capital projects,
not for the repair/replacement of a faulty fire system (in the jail). He did not feel that Inmate
Welfare funds should be used to make improvements to the fire alarm system since those dollars,
by Statute, are to be used for the betterment of the inmates.
6
December 21, 2010
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Shortlist for Design Services, and for staff to develop a
scope of services and proposed contract with Hughes
Associates, Inc. for future approval by the Board of
County Commissioners, as recommended in the
memorandum of December 13, 2010.
8.F. REQUEST FOR RELEASE OF RETAINAGE AND EXTENSION OF
PROFESSIONAL SERVICES AGREEMENT WITH ECOLOGICAL ASSOCIATES,
INC.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment of retainage to Ecological Associates, Inc. in the
amount of $1,470.33, and retroactively extending the
contract through December 2010 and closing it. Future
work supporting the Habitat Conservation Plan (HCP)
may be necessary but it would fall under a new contract,
all as recommended in the memorandum of December 8,
2010.
7
December 21, 2010
8.G. WORK ORDER No. 1 (ENGINEERING) WITH DUNKELBERGER
ENGINEERING & TESTING, INC., STH STREET SW BRIDGE REPLACEMENT
AND 43RD AVENUE ROADWAY IMPROVEMENTS, IRC PROJECT No. 0206 -
RELEASE OF RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment to Dunkelberger Engineering and Testing, Inc.
for their Request for Release of Retainage dated
December 7, 2010, in the amount of $1,668.15, as
recommended in the memorandum of December 9, 2010.
8.H. Won( ORDER No. 11 (ENGINEERING/SURVEYING), MASTELLER, MOLER,
REED AND TAYLOR, INC., CR512 PHASE IV ROADWAY IMPROVEMENTS
FINAL RIGHT-OF-WAY MAPPING, PROJECT FINAL PAY AND RELEASE OF
RETAINAGE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
payment to Masteller, Moler, Reed and Taylor, Inc. for
Invoice No. 2859-9361, dated November 30, 2010, in the
amount of $3,760.50, for professional services, as
recommended in the memorandum of December 9, 2010.
8
December 21, 2010
8.I. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION
PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the fixed interest rate of 5.75%, which will remain in
effect for calendar year 2011 for all County financing with
the exception of projects directly affiliated with a bond
issue for which the bond covenants dictate a different
interest rate, as recommended in the memorandum of
December 13, 2010.
8.J. DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously:
(1) approved the Excess Equipment List items as surplus
and authorized its sale and/or proper disposal; and
(2) authorized the excess equipment to be delivered to the
Indian River County Solid Waste Disposal District
Landfill to be sold at a public auction on January 26, 2011,
at 10:00 a.m., as recommended in the memorandum of
December 14, 2010.
9
December 21, 2010
8.K. FINAL PAYMENT, OYSTER COLONIZATION PILOT PROGRAM AT
SPOONBILL MARCH MARSH FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
the final payment to Sembler and Sembler, Inc. for the
Oyster Colonization Pilot Program, in the amount of
$13,964.00, as recommended in the memorandum of
December 8, 2010.
B.L. APPROVAL OF LEASE RENEWALS FOR TENANTS AT DONALD MACDONALD
PARK, GIFFORD PARK, AND THE INDIAN RIVER COUNTY FAIRGROUNDS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously approved
and authorized the Chairman to execute the three Lease
Extensions for: Teddy Floyd at the Security House at
Gifford Park; for Roberta Barker, FNA Roberta Hall, at
Donald MacDonald Park; and for Adetayo Adelakun at
the Indian River County Fairgrounds, all as recommended
in the memorandum of December 15, 2010.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10
December 21, 2010
8.M. EGRET MARSH REGIONAL STORMWATER PARK - APPROVAL OF
PURCHASE ORDER WITH SUSTAINABLE ENGINEERING & DESIGN, L.L.C.
FOR PROJECT RECORD DRAWINGS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner O'Bryan, the Board unanimously
authorized staff to issue a purchase order in the amount of
$19,850 to Sustainable Engineering and Design, L L C.,
for preparation of project record drawings for Egret Marsh
Regional Stormwater Park, as recommended in the
memorandum of December 14, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS
10.A. PUBLIC HEARING(S) - NONE
10.B. PUBLIC DISCUSSION ITEMS -NONE
11
December 21, 2010
10. C. PUBLIC NOTICE ITEMS
10. C.1. NOTICE OF SCHEDULED PUBLIC HEARING FOR JANUARY 11, 2011:
POINTE WEST OF VERO BEACH, LTD.'S REQUEST TO MODIFY THE
APPROVED PLANNED DEVELOPMENT (PD) CONCEPTUAL PLAN FOR THE
POINTE WEST SCHOOL SITE (TRACT M) (LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr. read the above notice into the record.
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST TO REVIEW THE NEIGHBORHOOD STABILIZATION PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT HOME PURCHASE GROUP #1
APPLICANT LIST FOR CONFLICT OF INTEREST
Community Development Director Robert Keating reviewed the memorandum dated
December 9, 2010. He provided description, conditions, and analysis of the Neighborhood
Stabilization Program (NSP), status of the homes acquired and rehabilitated, and requested the
Board review the home purchase program applicant list on page 109 of the Agenda Packet to
identify any potential conflicts of interest.
In response to Chairman Solari, Director Keating identified what constituted a conflict of
interest with the perspective buyers.
Each Commissioner acknowledged they had no known conflict of interest.
12
December 21, 2010
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Indian River County Housing Authority NSP home
purchase program applicant list, and declared no conflicts
of interest, as recommended in the memorandum of
December 9, 2010.
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.G. 1. IMPLEMENTATION OF FLORIDA LEAGUE OF CITIES 457 DEFERRED
COMPENSATION PLAN
Management and Budget Director Jason Brown reviewed his memorandum dated
December 15, 2010 requesting the Board to approve the addition of a third 457 deferred
compensation plan to the County employees' existing selection. This plan, the Florida League of
Cities (FLC) 457 Deferred Compensation plan, is: (1) similar to the two existing plans; (2) will
be employee funded; (3) comes at no cost to the County; (4) offers voluntary participation;
(5) allows additional options to County employees; and (6) offers a lower expense ratio than the
existing plans.
13
December 21, 2010
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved: (1) the addition of the Florida League of Cities
457 Plan, and (2) Resolution 2010-125, establishing a
defined deferred compensation plan; providing for
execution of Trust Joinder Agreement; providing for
adoption of a Deferred Compensation Plan; providing for
acknowledgement of master trustees; providing for
execution of an Adoption Agreement; providing for
abiding by terms and acceptance of services; providing for
termination of participation; providing for
acknowledgement regarding assets; providing for approval
by master trustees; providing for full force and
effectiveness; providing for repeal of conflicting
resolutions; and providing an effective date.
DOCUMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.H. RECREATION - NONE
12.1. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES
12. J.1. UPGRADE AND AUTOMATION OF THE REUSE DISTRIBUTION SYSTEM
UCP 4065
Director of Utility Services Erik Olson provided background and analysis pertaining to
the expansion of an irrigation reuse system that will automate the distribution of water to
14
December 21, 2010
receiving locations. He said this would include infrastructure changes, pump stations, and
storage tanks for all golf courses that the County currently services. He requested the Board
authorized staff to move forward with the solicitation of bids.
Discussion ensued regarding the charge for required reuse water, the new rates that will
become effective on January 1St, 2011, and returning to the Board in 45 to 60 days for approval
of the bid award.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the solicitation of bids for automation of the reuse
distribution system, as recommended in the memorandum
of December 1, 2010.
13. COUNTY ATTORNEY MATTERS
13.A. APPROVAL OF MEDL4TION AGREEMENT FOR PARCEL 134 OWNED BY THE
ABAZIS FAMILY, 6800 57TH STREET, VERO BEACH
Deputy County Attorney William DeBraal recapped his memorandum dated December
13, 2010, providing introduction and background regarding the Mediated Settlement Agreement
for Parcel 134, which lies west of 66th Avenue, outside the urban service boundary, and zoned A-
1 Agricultural. He said the parcel owners (Abazis) had proposed an agreement where they want
the County to provide $68,600 for the parcel, curb cuts at both ends of the property, sod
improvements, and replacement of the fence, depending on its condition at the time of the
project's construction. Attorney DeBraal recommended the Board approve the mediation
agreement, expert witness fees, and attorney fees, for a total of $93,278.
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December 21, 2010
Discussion ensued regarding the damages to the parcel, the $45,700 severance damage
fee, concerns over the high cost of this transaction, and the need to strategize future right-of-way
for roads.
Attorney Polackwich pointed out that the settlement that came out of mediation is
equivalent to a 100% victory by the County, if it were to be taken to trial; and settlement could
not be reached with the Abazi appraisal fee of $24,000, therefore, the County reserved
jurisdiction to have the Court determine the reasonableness of the fee.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Commissioner O'Bryan said he would support the motion realizing that it is necessary to
move forward, but would do so under protest. The other commissioners agreed.
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously approved the
Mediated Settlement Agreement for Parcel 134 at a price
of $68,600, with the two curb cuts, sod and related
improvements. Also included are attorney's fees and costs
for a total acquisition price of $93,278, with the amount of
the appraiser s fee to be determined by the Court, all as
recommended in the memorandum of December 13, 2010.
The Chairman said it was a unanimous vote under protest.
At 9:34 a.m., Chairman Solari closed the Board of County Commission (BCC) meeting to
conduct the Solid Waste Disposal District (SWDD) meeting.
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December 21, 2010
The SWDD meeting adjourned at 9:48 a.m. The Chairman immediately called a break to
allow Craig Callan, Minor League Baseball, time to arrive from his (Mr. Callan's) meeting with
the Vero Beach City Council.
(The Chairman reconvened the BCC meeting at 10:17 a.m., with all members present, to
hear Item 13.B.)
13.B. EXCHANGE OF DODGERTOWN PROPERTIES WITH CITY OF VERO BEACH
Attorney Polackwich introduced this item as the next stage in the process of possibly
exchanging properties at the Vero Beach Sports Village (formerly Dodgertown) with the City of
Vero Beach (the City). He recapped his memorandum dated December 14, 2010, providing
background and details to the proposed exchange transactions whereby the City would transfer a
11.93 acre parcel (southeast of Holman Stadium) to the County for a new cloverleaf of four
youth practice fields, and the County would convey a 10.38 acre parcel (west of Holman
Stadium) to the City. Attorney Polackwich provided the current status of the parcels, spoke
about the current golf course and green space restrictions, and pointed out that Minor League
Baseball (MiLB) and the County have parking nghts on the parking property, and if the property
is exchanged, the lease would be eliminated and replaced by a Parking License Agreement. He
also spoke about granting access easements, the use of the heart -shaped pond, and the specifics
regarding the proposed draft documents.
Discussion ensued regarding clarification of verbiage, deed restrictions, stormwater
drainage easements, limited access roads to DT Commons, LLC property, as well as the facility,
and the 40 -year deed restriction on green space property that would terminate upon the City to
County transfer.
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December 21, 2010
The Board further discussed ingress and egress issues, the two parcels still owned by the
Dodgers, easement issues, and the urgency of resolving this matter.
The Chairman invited public comment.
Rene Renzi, Waverly Place, questioned the parking accommodations during the Mardy's
Tennis and Jake's Music Fest sell-out charity concert at the Vero Beach Sports Village.
Craig Callan, Vice President MiLB, Vero Beach conveyed that the parking situation
was not a challenge, the cars were parked on City property (across the street), the DT Commons
property, and along the roadway.
Gerald Hebert, 2425 50th Avenue, voiced concerns regarding speeding on 50th and 53rd
Avenues; the prospective sale of the City of Vero Beach selling the power plant; and the lack of
Florida Power and Light's (FPL) lack of bar flow.
The Chairman referred him to staff and asked Mr. Hebert to provide additional
information after the meeting.
Mr. Callan stressed the urgency to resolve the exchange of properties so it would not
delay the building of the fields, or the sales and marketing for next year.
Keith Kite, Owner and Developer of Springhill Suites by Marriott, and Chairman of the
Tourism and Economic Development Council of Indian River County, urged the Board to foster
the growth of the Vero Beach Sports Village by investing in the decision to add the proposed
softball fields.
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December 21, 2010
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to conceptually
approve staffs recommendation.
Commissioner O'Bryan opposed the exchange of property, but expressed his support of
MiLB, the proposed location for the cloverleaf fields, and ownership of the 11.93 parcel for a
unified complex. He voiced disagreement with certain details in the Parking License Agreement;
suggested the City sign a lease for MiLB to immediately build the cloverleaf; felt it to be in the
best interest of the County to do a straight purchase of the cloverleaf property unifying the
complex and maintaining parking area A for either parking use or future expansion; stressed the
urgency of moving forward; and believed this addition to the parking agreement would help
protect the County from an arbitrary decision.
Attorney Polackwich clarified the parking restrictions for the County under the existing
parking lease, and Assistant County Administrator Michael Zito added that MiLB could waive
the restriction.
Commissioner Flescher supported MiLB moving forward, but shared concerns over
parking issues.
Mr. Callan reiterated that the parking during the Mardy's Tennis and Jake's Music Fest
was not an issue. He said the only issue was the need for more security to direct the flow of
ingress traffic.
A brief discussion ensued between Mr. Callan and Commissioner Flescher regarding the
City/County relationship, the urgency of moving forward, the fields taking seven to nine months
to build, and the City relinquishing the parking property.
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December 21, 2010
Commissioner Davis wanted to move forward. He asked for further clarification on the
limitations on the east/west easement, and whether it could be used for pedestrian access.
Attorney DeBraal said the easement would be limited to moving the drainage from 43rd
Avenue into the pond, and that it would not allow for pedestrian access. He said that the traffic
and the parking problems were two separate issues, and did not feel they should be combined.
Director Mora clarified that the 20 -foot strip easement needs to remain as a cleared,
undeveloped area due to the concrete drainage pipe under the ground, and staff needing access
for future repairs.
Vice Chairman Wheeler believed the County should protect its $20 million investment in
the Vero Beach Sports Village complex by adding the cloverleaf fields. He voiced concern over
the ingress and egress to the north of the property and suggested purchasing this parcel in hopes
it would alleviate future parking issues. He proposed that staff meet with the four new City
Council members to explain the situation and ask for their support.
Chairman Solari voiced concerns regarding the suggestion of purchasing the property to
the north, and the uncertainty of whether MiLB would stay in Vero Beach long term. He
supported the ball fields and MiLB, but not the proposed land exchange. He agreed with
Commissioner O'Bryan that it would be good for the City to sign a lease with MiLB for the
fields, and work towards a longer term agreement that addresses some of the issues. He said he
would be willing to "bite the bullet" on the existing piece of property after looking at an
appraised value, and consider the purchase of the northern parcel, but he was unwilling to go
outside the bounds of Dodgertown.
Chairman Solari wanted appropriate staff to meet with the four Council members before
the joint meeting so they could come into the meeting with a full understanding of the facts.
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December 21, 2010
Vice Chairman Wheeler withdrew his Motion and made a new Motion.
MOTION WAS MADE by Vice Chairman Wheeler,
SECONDED by Commissioner Davis, to schedule a Joint
Meeting with the City of Vero Beach City Council and
staff, and the Board of County Commissioners, as soon as
possible.
Discussion ensued regarding the best date/time, and venue for the meeting, the benefits of
negotiating face-to-face, conducting the meeting in the "sunshine", dealing with the road right-
of-way at a later time, and moving forward with what MiLB wants/needs.
Mr. Kite urged the Board to keep a global perspective of where the County plans to go in
the next twenty to thirty years with or without MiLB. He urged the Board to not get bogged
down in the meetings, but to decide if the City and County really want to be in sports tourism,
and if not, to get out.
Beach.
Chairman Solari stressed that every Commissioner's goal is to keep MiLB in Vero
The Chairman CALLED THE QUESTION and the
Motion carried. The Board unanimously approved to
schedule a Joint Meeting with the City Council of Vero
Beach with staff, and the Board of County
Commissioners, as soon as possible.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE
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December 21, 2010
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN NONE
14. C. COMMISSIONER WESLEY S. DAVIS - NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER PETER 11 O'BRYAN- NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
At 9:34 a.m. the Chairman closed the Regular Board of County Commission (BCC)
meeting to conduct the Solid Waste Disposal District (SWDD) meeting. Those minutes are
being prepared separately.
15.B.1. TEMPORARY EQUIPMENT LEASE WITH REPUBLIC SERVICES
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
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December 21, 2010
There being no further business, the Chairman declared the meeting adjourned at
11:45 p.m.
ATTEST:
etr- sa2Sisee
Jeffrey K. Barton, Clerk Bob Solan, Chairman
Minutes Approved: MAR 0 1 2011
BCC/LA/2010 Minutes
December 21, 2010
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