HomeMy WebLinkAbout04/20/2010 (3)MINUTETTACHED
BOARD OF COUNTY
COMMISSIONW 3 ot, 0 a
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, APRIL 20, 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
District 4
District 5
District 1
District 2
District 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
9:00 A.M.
Chaplain Kenneth Jones, VNA Hospice of
Indian River County
Commissioner Wesley S. Davis
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
PAGE
5. PROCLAMATIONS and PRESENTATIONS
A. Presentation of Proclamation Recognizing April 23 — 24, 2010 as Relay for
Life Event in Indian River County 1
B. Presentation of Proclamation Designating May 1, 2010 Through May 7,
2010 as Law Week in Indian River County 2
C. A Presentation by the Environmental Learning Center Regarding their
Dedication Ceremony on May 1, 2010
April 20, 2010
1139 PG 208
Page 1of6
6.
7.
APPROVAL OF MINUTES
A. Regular Meeting of March 9, 2010
B. Regular Meeting of March 16, 2010
•
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. 2010 Election of School Planning Citizens Oversight Committee Chairman
and Vice Chairman
(memorandum dated April 13, 2010)
'PAGE
3
8. CONSENT AGENDA
9.
A. Approval of Warrants and Wires, April 5, 2010 to April 8, 2010
(memorandum dated April 8, 2010) 4-10
B. Work Order No. 5 (Engineering/Surveying), Kimley-Horn and Associates,
Inc., SR60 & 58th Avenue Intersection Improvements and Right -of -Way
Project
(memorandum dated March 31, 2010)
11=12
C. 2010/2011 Budget Workshop Change of Dates
(memorandum dated April 13, 2010) 13
D. F.D.O.T. District Four (4) Maintenance Memorandum of Agreement and
Resolution Authorizing the Chairman's Signature for Installation of
Elliptical Reinforced Concrete Pipe (ERCP) on State Road 5/US-1 south of
53` Street, IRC Project No. 0107
(memorandum dated April 12, 2010)
14-25
E. Declare additional excess equipment surplus for sale or proper disposal
(memorandum dated April 14, 2010) 26-29
CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Consideration of Establishing a Brownfield Area Near 74th Avenue
and 9th Street SW
(memorandum dated April 12, 2010)
April 20, 2010
30-41
Legislative
BK 139 PG 209
Page 2 of 6
10. PUBLIC ITEMS
B. PUBLIC DISCUSSION ITEMS
BK 1 1 a be SPIALE
1. Request to Speak from Ken Felten, Brown & Brown Insurance,
Vero Beach, Regarding Indian River County Board of County
Commission Insurance Renewal
42
2. Request to Speak from City of Vero Beach Councilmember Brian
Heady Regarding Update on Latest Developments Regarding City
of Vero Beach Electric Utility
C. PUBLIC NOTICE ITEMS
1. Notice of Scheduled Public Hearing May 4, 2010:
Amendment to Section 100.03(4) of The Code of Indian River
County, Codifying and Publishing the Ordinances to Readopt the
Code up to and Including Supplement 78
(memorandum dated April 12, 2010)
43
Legislative
2. Notice of Scheduled Public Hearing May 4, 2010:
Application for a Certificate of Public Convenience and Necessity
for a Class B Certificate from Coastal Health Systems of Brevard to
Provide Non -Emergency ALS/BLS Ambulance Interfacility
Transports
(memorandum dated April 12, 2010)
44
Quasi -Judicial
3. Notice of Scheduled Public Hearing May 4, 2010:
Ordinance Amendment to Provide for Sunsetting Committees
Created Pursuant to Ordinance
(memorandum dated April 14, 2010)
45
Legislative
11. COUNTY ADMINISTRATOR MATTERS
A. Utilization of County Fairgrounds, 7955 58th Avenue, Vero Beach, FI
32967, Parcel I.D #31-39-32-00000-7000-00002.0
(memorandum dated April 12, 2010)
46-58
12. DEPARTMENTAL MATTERS
A. Community Development
1. Approval of Contract Award for the Rehabilitation of Seven Homes
Approved Under the Hurricane Wilma Community Development
Block Grant Disaster Recovery Initiative
(memorandum dated April 12, 2010)
April 20, 2010
59-67
BK139PC214
Page 3 of 6
12. DEPARTMENTAL MATTERS
A.
Community Development
2. Request for Authorization to Abate Recurrence of a Public
Nuisance on an Unmaintained Golf Course within Vista Gardens
Multifamily Development (Landowner: Vista Golf LLC; Code
Enforcement Case No. 2009060086)
(memorandum dated April 12, 2010)
0
PAGE
68-82
3. Re -consideration of Request for a One -Year Extension of the Ocean
Concrete Site Plan Application to Construct a Concrete Batch Plant
(memorandum dated April 12, 2010)
83-124
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. Property/Casualty Insurance — May 1, 2010 through April 30, 2011
(memorandum dated April 13, 2010)
H.
125-130
Recreation
None
1, Public Works
1. Staff Update — Sector 3 Beach Renourishment Project
(no back-up)
April 20, 2010
BK 139PG211
Page 4 of 6
12.
DEPARTMENTAL MATTERS
OK 1?a ,e 513
PAGE
J, Utilities Services
1. Final Payment — Survey for Mitigation at Lost Tree Islands
(memorandum dated April 6, 2010) 131-137
2. Amendment No. 1 to Work Order No. 13 with CDM — Design,
Permitting, Bidding and Construction Services for Construction of
Well No. 7 and at the South County R.O. Facility
(memorandum dated April 14, 2010)
138-152
13. COUNTY ATTORNEY MATTERS
A. Agreement for Personal Property and Trade Fixtures at Cumberland Farms
Site — Oslo Road Improvement Project
(memorandum dated April 9, 2010)
153-156
B. City of Fellsmere Courtesy Warning, dated April 9, 2010
(memorandum dated April 13, 2010) 157-161
14. 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
1. Shark Fishing
(memorandum dated April 13, 2010) 162
E.
Commissioner Gary C. Wheeler
None
15. SPECIAL DISTRICTS AND BOARDS
A. Emergency Services District
None
April 20, 2010
II 139 PG 212
Page 5 of 6
15. SPECIAL DISTRICTS AND BOARDS
B.
C.
Solid Waste Disposal District
None
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.
April 20, 2010
BK 139 PG 213
( Page 6 of 6
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF APRIL 20, 2010
1 CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
Addition: Item 13.C. County Attorney Matters - Use of Karlin Daniel &
Associates to Hold Auction to Sell Surplus/Excess County Property and
Equipment on May 8, 2010 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION RECOGNIZING APRIL 23 - 24, 2010 AS
RELAY FOR LIFE EVENT IN INDIAN RIVER COUNTY 2
5.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY 1, 2010 THROUGH MAY
7, 2010 AS LAW WEEK IN INDIAN RIVER COUNTY 2
5.C. A PRESENTATION BY THE ENVIRONMENTAL LEARNING CENTER REGARDING
THEIR DEDICATION CEREMONY ON MAY 1, 2010 3
6. APPROVAL OF MINUTES 3
1
April 20, 2010
LE 139 P6 214s
6.A. REGULAR MEETING OF MARCH 9, 2010
6.B. REGULAR MEETING OF MARCH 16, 2010
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. 2010 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT COMMITTEE
CHAIRMAN AND VICE CHAIRMAN 4
8. CONSENT AGENDA 4
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 5, 2010 TO APRIL 8, 2010 4
8.B. WORK ORDER No. 5 (ENGINEERING/SURVEYING), KIMLEY-HORN AND
ASSOCIATES, INC., SR60 & 58TH AVENUE INTERSECTION IMPROVEMENTS AND
RIGHT-OF-WAY PROJECT
8.C. 2010/2011 BUDGET WORKSHOP CHANGE OF DATES 5
8.D. F.D.O.T. DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT
AND RESOLUTION AUTHORIZING THE CHAIRMAN'S SIGNATURE FOR
INSTALLATION OF ELLIPTICAL REINFORCED CONCRETE PIPE (ERCP) ON STATE
ROAD 5/US-1 SOUTH OF 53RD STREET, IRC PROJECT NO. 0107 5
8.E. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR PROPER
DISPOSAL 6
5
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 6
10. PUBLIC ITEMS 7
10.A. PUBLIC HEARINGS 7
IO.A.1. CONSIDERATION OF ESTABLISHING A BROWNFIELD AREA NEAR 74TH AVENUE
AND 9TH STREET SW (LEGISLATIVE) 7
1013. PUBLIC DISCUSSION ITEMS 9
10.13.1. REQUEST TO SPEAK FROM KEN FELTEN, BROWN & BROWN INSURANCE, VERO
BEACH, REGARDING INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION
INSURANCE RENEWAL 9
2
April 20, 2010
BK 139 PG 215
Ok133b[Sl.1
10.13.2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER BRIAN HEADY
REGARDING UPDATE ON LATEST DEVELOPMENTS REGARDING CITY OF VERO
BEACH ELECTRIC UTILITY 10
10.C. PUBLIC NOTICE ITEMS 11
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING MAY 4, 2010: 11
AMENDMENT TO SECTION 100.03(4) OF THE CODE OF INDIAN RIVER COUNTY,
CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT THE CODE UP TO
AND INCLUDING SUPPLEMENT 78 (LEGISLATIVE) 11
10.C.2. NOTICE OF SCHEDULED PUBLIC HEARING MAY 4, 2010: I I
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
FOR A CLASS B CERTIFICATE FROM COASTAL HEALTH SYSTEMS OF BREVARD
TO PROVIDE NON -EMERGENCY ALS/BLS AMBULANCE INTERFACILITY
TRANSPORTS (QUASI-JUDICIAL) 11
1 O.C.3. NOTICE OF SCHEDULED PUBLIC HEARING MAY 4, 2010: 12
ORDINANCE AMENDMENT TO PROVIDE FOR SUNSETTING COMMITTEES
CREATED PURSUANT TO ORDINANCE (LEGISLATIVE) 12
11. COUNTY ADMINISTRATOR MATTERS 12
11.A . UTILIZATION OF COUNTY FAIRGROUNDS, 7955 58TH AVENUE, VERO BEACH, FL
32967, PARCEL I.D. #31-39-32-00000-7000-00002.0 12
12. DEPARTMENTAL MATTERS 14
12.A. COMMUNITY DEVELOPMENT 14
12.A.1. APPROVAL OF CONTRACT AWARD FOR THE REHABILITATION OF SEVEN HOMES
APPROVED UNDER THE HURRICANE WILMA COMMUNITY DEVELOPMENT
BLOCK GRANT DISASTER RECOVERY INITIATIVE 14
12.A.2. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA GARDENS
MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF LLC; CODE
ENFORCEMENT CASE No. 2009060086) 16
12.A.3. RE -CONSIDERATION OF REQUEST FOR A ONE-YEAR EXTENSION OF THE OCEAN
CONCRETE SITE PLAN APPLICATION TO CONSTRUCT A CONCRETE BATCH
PLANT 17
12.B. EMERGENCY SERVICES -NONE 19
April 20, 2010
1 139 PG 216
12.C. GENERAL SERVICES -NONE 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 20
12.G.1. PROPERTY/CASUALTY INSURANCE - MAY 1, 2010 THROUGH APRIL 30, 2011 20
12.H. RECREATION -NONE 22
12.I. PUBLIC WORKS 22
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 22
12.J. UTILITIES SERVICES 23
12.J.1. FINAL PAYMENT - SURVEY FOR MITIGATION AT LOST TREE ISLANDS 23
12.J.2. AMENDMENT NO 1 TO WORK ORDER NO. 13 WITH CDM - DESIGN,
PERMITTING, BIDDING AND CONSTRUCTION SERVICES FOR CONSTRUCTION OF
WELL No. 7 AND AT THE SOUTH COUNTY R.O. FACILITY 23
13. COUNTY ATTORNEY MATTERS 24
13.A. AGREEMENT FOR PERSONAL PROPERTY AND TRADE FIXTURES AT
CUMBERLAND FARMS SITE - OSLO ROAD IMPROVEMENT PROJECT 24
13.B. CITY OF FELLSMERE COURTESY WARNING, DATED APRIL 9, 2010 24
13.C. ADDITION: USE OF KARLIN DANIEL & ASSOCIATES TO HOLD AUCTION TO SELL
SURPLUS/EXCESS COUNTY PROPERTY AND EQUIPMENT ON MAY 8, 2010 25
14. COMMISSIONER ITEMS 26
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE 26
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE 26
14.C. COMMISSIONER WESLEY S. DAVIS-NONE 26
14.D. COMMISIONER JOSEPH E. FLESCHER 26
14.D.1. SHARK FISHING 26
14.E. COMMISSIONER GARY C. WHEELER -NONE 29
15. SPECIAL DISTRICTS AND BOARDS 29
15.A. EMERGENCY SERVICES DISTRICT -NONE 29
15.B. SOLID WASTE DISPOSAL DISTRICT -NONE 29
4
April 20, 2010
BK 139PG217
131( 136 beSla
15.C. ENVIRONMENTAL CONTROL BOARD -NONE 29
16. ADJOURNMENT 29
5
April 20, 2010
1(139P6218
JEFFREY K. BARTON
Clerk to the Board
April 20, 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 27 h Street, Vero Beach, Florida, on
Tuesday, April 20, 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
Chaplain Kenneth Jones, VNA Hospice of Indian River County, delivered the Invocation.
1
April 20, 2010
BK 139 PG 219
BRI abCssi
3. PLEDGE OF ALLEGIANCE
Commissioner Davis led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
ADDITION. ITEM 13. C. COUNTY ATTORNEY MATTERS - USE OF KARLIN DANIEL &
ASSOCIATES TO HOLD AUCTION TO SELL SURPLUS/EXCESS COUNTY PROPERTY AND
EQUIPMENT ON MAY 8, 2010
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 APRIL 23- 24, 2010 AS
RELAY FOR LIFE EVENT IN INDL4N RIVER COUNTY
Chairman O'Bryan read and presented the Proclamation to Kathy Taylor of the American
Cancer Society.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING MAY I, 2010 THROUGH
MAY 7, 2O1OASLAW WEEK IN INDIAN RIVER COUNTY
Vice Chairman Solari read and presented the Proclamation to Jason L Odom, Esquire, of
Gould, Cooksey, Fennell, P.A.
2
April 20, 2010
II 139 PG 220
S.C. A PRESENTATION BY THE ENVIRONMENTAL LEARNING CENTER
REGARDING THEIR DEDICATION CEREMONY ON MAY I, 2010
Doug Graybill, Board of Trustees of the Environmental Learning Center (ELC), spoke
about the Environmental Learning Center, which incurred fire damage in June 2008, and is
scheduled to have a Grand Re -Opening on May 1, 2010. He described the attributes which
make the rebuilt center one of the greenest facilities in the County, and reported that the ELC
will be applying for Green Globes classification.
Chairman O'Bryan wanted to look into designating the ELC laboratory as the County's
official Green Education Center.
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF MARCH 9, 2010
6.B. REGULAR MEETING OF MARCH 16, 2010
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meetings of March 9, 2010 and March 16, 2010. There were none.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis the Board unanimously approved
the Minutes of the Regular Meetings of March 9, 2010,
and March 16, 2010, as written.
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
3
April 20, 2010
BK 139PG221
BI l a be 553
7.A. 2010 ELECTION OF SCHOOL PLANNING CITIZENS OVERSIGHT
COMMITTEE CHAIRMAN AND VICE CHAIRMAN
Noted for the record was the re-election of Charles Searcy as Chairman, and Mary Wolff
as Vice Chairman, of the School Planning Citizens Oversight Committee (SPCOC) for the year
2010.
8. CONSENT AGENDA
Chairman O'Bryan requested Item 8.C. be pulled for discussion.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the Consent Agenda, as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, APRIL 5, 2010 TO APRIL 8, 2010
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Warrants and Wires as issued by the Clerk to the
Board for the time period of April 5, 2010 to April 8,
2010, as recommended in the memorandum of April 8,
2010.
4
April 20, 2010
OK 139 PG 22.
8.B. WORK ORDER No. 5 (ENGINEERING/SURVEYING), KIMLEY-HORN AND
ASSOCIATES, INC., SR60 & 58TH AVENUE INTERSECTION IMPROVEMENTS
AND RIGHT-OF-WAY PROJECT
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
payment of Kimley-Horn and Associates, Inc. Invoice No.
4120064, dated March 31, 2010 in the amount of $574.95
for release of retainage, as requested in the memorandum
of March 31, 2010.
8.C. 2010/2011 BUDGET WORKSHOP CHANGE OF DATES
Chairman O'Bryan read into the record the new Budget Workshop dates of Wednesday,
July 14, and Thursday, July 15, 2010, noting that the dates are one week earlier than previously
scheduled.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, the Board unanimously approved the
change in the 2010/2011 Budget Workshop dates from
Wednesday, July 21, and Thursday, July 22, 2010, to
Wednesday, July 14, and Thursday, July 15, 2010, as
recommended in the memorandum of April 13, 2010.
8.D. F.D.O. T. DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF
AGREEMENT AND RESOLUTION AUTHORIZING THE CHAIRMAN'S
SIGNATURE FOR INSTALLATION OF ELLIPTICAL REINFORCED CONCRETE
PIPE (ERCP) ON STATE ROAD 5/US-1 SOUTH OF 53RD STREET, IRC
PROJECT NO. 0107
April 20, 2010
5
BK 139 PG 223
BK 13a b; SS2
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the District Four (4) Maintenance Memorandum
of Agreement with the State of Florida Department of
Transportation; and (2) approved Resolution 2010-031,
authorizing execution of a District Four (4) Maintenance
Memorandum of Agreement for the installation of 231
feet, 12" x 18" elliptical reinforced concrete pipe (ERCP)
within the right of way on State Road 5/US 1 South of 53`d
Street in Indian River County with the State of Florida,
Department of Transportation, and providing for an
effective date.
MEMORANDUM OF AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR
PROPER DISPOSAL
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the additional listed items surplus, as presented on pages
27-29 of the backup, and authorized its sale and/or proper
disposal at the public auction to be held on May 8, 2010 at
the County fairgrounds, as recommended in the
memorandum of April 14, 2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
6
April 20, 2010
111 139 -PG 224
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the District Four (4) Maintenance Memorandum
of Agreement with the State of Florida Department of
Transportation; and (2) approved Resolution 2010-031,
authorizing execution of a District Four (4) Maintenance
Memorandum of Agreement for the installation of 231
feet, 12" x 18" elliptical reinforced concrete pipe (ERCP)
within the right of way on State Road 5/US 1 South of 53rd
Street in Indian River County with the State of Florida,
Department of Transportation, and providing for an
effective date.
MEMORANDUM OF AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. E. DECLARE ADDITIONAL EXCESS EQUIPMENT SURPLUS FOR SALE OR
PROPER DISPOSAL
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
the additional listed items surplus, as presented on pages
27-29 of the backup, and authorized its sale and/or proper
disposal at the public auction to be held on May 8, 2010 at
the County fairgrounds, as recommended in the
memorandum of April 14, 2010.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
6 BK I39 PG 225
April 20, 2010
BK 1
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. CONSIDERATION OF ESTABLISHING A BROWNFIELD AREA NEAR 74T"
AVENUE AND 9TH STREET SW (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan Polackwich stated that this item was of a quasi-judicial nature;
thus, the Deputy Clerk administered the Oath, pursuant to quasi-judicial requirements.
Community Development Director Robert Keating, through a PowerPoint presentation
(on file), provided background history and analysis on the request for the Board to establish,
through the Brownfields Redevelopment Act, a Brownfield area near 74th Avenue and 9th Street
SW. He explained that INEOS New Planet BioEnergy (which is not yet the official owner of
the Ocean Spray site where they propose to locate their facility), had originally requested that the
Board consider designating the property as a Brownfield area. Staff had thereafter thought it
would be beneficial to apply the designation to a broader area. Director Keating displayed the
boundaries of the proposed Brownfield designation, after which he requested that the Board open
the public hearing. He noted that a second public hearing would be required if the Board decides
to pursue the Brownfield Designation.
The Chairman opened the Public Hearing.
The following individuals spoke in opposition to the Brownfield Area designation for the
proposed area:
B.J. McClure, 395 Nieuport Drive, Indian River Aerodrome
7
April 20, 2010
abe
t
139 P6 226
S
Eugene O'Neill Esquire, Gould, Cooksey, Fennell, P.A., 979 Beachland Blvd.
representing Katherine and John Schumann, Jr.
Joseph Paladin, President, Black Swan Consulting
Jeffrey Scott Shapiro, 7625 5th Street
There being no additional speakers, the Chairman closed the Public Hearing.
George Houston II, PG, Brownfields Redevelopment Coordinator Central District,
Department of Environmental Protection (DEP) addressed Commissioner Davis's inquiry about
public input in other communities considering Brownfield Area designations.
Commissioner Wheeler was opposed to designating the proposed site as part of a
Brownfield Area without actual contamination being present on the site. Further, he did not
think that INEOS would suffer from the lack of the Brownfield Area designation.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to not move
forward with the second Brownfield Area public hearing
and to not continue to pursue the proposed Brownfield
Area designation near 74 h Avenue and Oslo Road.
Commissioner Flescher expressed concerns about existing property owners being
negatively impacted by the stigma of contamination, which is implicit in a Brownfield Area
designation. He also spoke about a site he had toured in the Gifford area, which contains
identified contamination, and would thus be eligible for a Brownfield Area designation.
Commissioner Davis felt that the negatives outweigh the positive aspects of the
Brownfield Area designation for the proposed area.
8
April 20, 2010
BK 139 PG 22-i
Bk 133 ssa
Vice Chairman Solari agreed with former speakers that the proposed site should not be
given a Brownfield designation because it is not a contaminated area. He wanted to make sure
that the Brownfields Redevelopment Act would be used to help areas in which contamination has
been identified.
Chairman O'Bryan, although cognizant of the economic benefits of a Brownfield Area
designation, felt that he had not heard enough compelling evidence to move forward at this time.
The Chairman CALLED THE QUESTION, and the
Motion unanimously carried. The Board directed staff to
not schedule a second public hearing to consider the
Brownfield Area designation; and to discontinue pursuing
the establishment of a proposed Brownfield Area
designation near 74th Avenue and Oslo Road.
The Chairman called a break at 10:20 a.m. and reconvened the meeting at 10:30 a.m.,
with all members present.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM KEN FELTEN, BROWN & BROWN
INSURANCE, VERO BEACH, REGARDING INDIAN RIVER COUNTY BOARD
OF COUNTY COMMISSION INSURANCE RENEWAL
Ken Felten, 111 Prestwick Circle, Vice President of Brown & Brown Insurance,
addressed the Board with his request to consider the Property Insurance package developed by
Brown & Brown Insurance for the County. He used a PowerPoint presentation (on file) to
provide detailed background information and comparison data on Brown & Brown's proposal
versus that of Arthur J. Gallagher (AJG), the current insurance broker for the County, whose
contract is up for renewal today.
9
April 20, 2010
MC 139 PG 2281
Brian Henderson, Peachtree Special Risk Brokers, LLC, responding to Mr. Felten's
request, provided a brief commentary on commercial property insurance.
Discussion ensued between Mr. Felten and County Administrator Joseph Baird regarding
the bidding process; the timeframe of the County's insurance renewal; and comparisons of the
property insurance coverage proposed by Brown and Brown Insurance versus that offered by
Arthur J. Gallagher.
Administrator Baird suggested that further discussion on this item be held under Item
12. G.1. Office of Management and Budget- Property/Casualty Insurance — May 1, 2010 through
April30, 2011.
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
to hear Item 12.G.1. Office of Management and Budget -
Property/Casualty Insurance — May 1, 2010 through April
30, 2011, following Item 10 B 1 , and to continue
discussion therein.
Concluding his presentation, Mr. Felten outlined the benefits that the County would
derive by awarding the property insurance coverage to Brown & Brown.
10. B. 2. REQUEST TO SPEAK FROM CITY OF VERO BEACH COUNCILMEMBER
BRIAN HEADY REGARDING UPDATE ON LATEST DEVELOPMENTS
REGARDING CITY OF VERO BEACH ELECTRIC UTILITY
(Clerk's Note: This item was heard following 11.A. County Administrator Matters and
is placed here for continuity).
10
April 20, 2010
BK 139 PG 229
BR13abeS31
Brian Heady, City of Vero Beach Council Member (speaking in his capacity as a County
resident, and not as a member of the Council), advised that he would be making three requests at
the City of Vero Beach Council Meeting of April 20, 2010, as follows:
(1) To add Glenn Heran's presentation on the Electric Utility to the City's Agenda
(2) To have a presentation of the economic model of the Vero Beach Electric Utility
be brought to the County Commission
(3)
To request that the City agree to a Joint Meeting with the County to discuss the
Utility, and either set a date or contact the Commission regarding same
J. Rock Tonkel, 5055 North Harbor Drive, Grand Harbor, presented a public records
request to have a copy of the County's invitation to the City of Vero Beach, to attend a Joint
Meeting with the County, and to additionally receive any other correspondence received back
from the City related to the issue of the Electric Utility.
10.C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHEDULED PUBLIC HEARING MAY 4, 2010:
AMENDMENT TO SECTION 100.03(4) OF THE CODE OF INDIAN RIVER
COUNTY, CODIFYING AND PUBLISHING THE ORDINANCES TO READOPT
THE CODE UP TO AND INCLUDING SUPPLEMENT 78 (LEGISLATIVE)
10. C.2. NOTICE OF SCHEDULED PUBLIC HEARING MAY 4, 2010:
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR A CLASS B CERTIFICATE FROM COASTAL HEALTH
SYSTEMS OF BREVARD TO PROVIDE NON -EMERGENCY ALS/BLS
AMBULANCE INTERFACILITY TRANSPORTS (QUASI-JUDICIAL)
11
April 20, 2010
K 139 PG 2.30
10. C. 3. NOTICE OF SCHEDULED PUBLIC HEARING MAY 4, 2010:
ORDINANCE AMENDMENT TO PROVIDE FOR SUNSETTING
COMMITTEES CREATED PURSUANT TO ORDINANCE (LEGISLATIVE)
County Attorney Alan S. Polackwich, Sr., read the notices into the record.
11. COUNTY ADMINISTRATOR MATTERS
11.A. UTILIZATION OF COUNTY FAIRGROUNDS, 7955 58TH AVENUE, VERO
BEACH, FL 32967, PARCEL I.D. #31-39-32-00000-7000-00002.0
County Administrator Joseph Baird announced that pursuant to the Board's directive at
the Economic/Goal Summit II on February 18, 2010, staff would be making a presentation on
better utilization of the County Fairgrounds, possibly through a private/public partnership. He
informed the Board that because State funding was used to construct the facility, the County
must adhere to certain requirements governing use of the Fairground property.
Michael Zito, Assistant County Administrator, through a PowerPoint presentation (on
file), provided background history and a cost analysis regarding Fairground expenses/revenues,
as applicable to both non-profit and for-profit organizations. Relative to increasing usage of the
Fairgrounds, he presented two alternatives for the Board to consider, as outlined on page 49, and
presented staff's recommendation to retain the present rate structure and maintenance function,
with an increased emphasis on advertising to attract users.
Discussion ensued as Commissioners and staff debated what would be the best options
for optimizing Fairground usage and increasing revenues. Suggestions were made to use the
facility for summer camps; to have different groups use or rent all three facilities (the Expo
Center Building, Main Pavilion, and Agricultural Pavilion) at the same time; to make the
livestock scales more easily accessible for the 4-H Club; to encourage realtors to use the facility;
•
and to bring in more sporting events.
12
April 20, 2010
BK 139PG231
BK I 3a be, 533
Commissioner Davis wanted to see the private sector come forward with some ideas for
maximizing utilization of the Fairgrounds He wanted to see the Fairgrounds run in the same
manner as Dodgertown.
Commissioner Flescher spoke in support of having the County retain and operate the
facility, although he would like to see a better strategy developed to encourage greater usage of
the Fairgrounds.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Chairman O'Bryan, for discussion, to
approve staff's recommendation.
Further discussion ensued regarding optimization of Fairground usage.
Commissioner Davis felt that stepping up advertising would not address the problem of
the underutilized Fairgrounds, and wanted to see staff return with some type of incentive for the
private sector to bring opportunities into the Fairgrounds.
Commissioner Wheeler felt that it was a good idea for the County to advertise and
promote fairground usage, but he did not wish to see the County in competition with private
enterprises who offer similar venues. He advised that the County maintain competitive rental
rates, and not undercut private facilities.
Chairman O'Bryan observed that there is currently no marketing plan for the
Fairgrounds, so staff's recommendation to develop an aggressive marketing plan would be the
first step.
Commissioner Davis reiterated his opposition, believing that the private sector could do a
better job.
13
April 20, 2010
KK139PG232
Further discussion ensued.
Charles Wilson, Vero Beach, suggested that the Board approach the local business
community for ideas on a marketing plan.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners Davis & Wheeler opposed), the
Motion carried. The Board approved retaining the present
facilities rental rate structure and maintenance function
with an increased emphasis on additional promotion
through placement on the County website, direct mail, and
word-of-mouth advertising to new and existing end user
targets, as recommended in the memorandum of April 12,
2010.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. APPROVAL OF CONTRACT AWARD FOR THE REHABILITATION OF
SEVEN HOMES APPROVED UNDER THE HURRICANE WILMA
COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY
INITL4TIVE
Community Development Director Robert Keating explained that this was the proposed
Contract Award for rehabilitation work activities for damage incurred from one of the 2005
hurricanes to seven homes approved under the Hurricane Wilma Community Development
Block Grant (CDBG) Disaster Recovery Initiative. He confirmed staffs recommendation of the
Contract Award, providing there are no conflicts of interest between the Board Members and the
contractors performing the rehabilitation work.
14
April 20, 2010
81i 139 PG 233
8g Qa S32
Commissioners Flescher, Davis, O'Bryan, Solari, and Wheeler, respectively, attested
there were no known conflicts of interest.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, the Board unanimously
approved the following contractors and total awards for
each of the following applicants: (1) Bryant, Annie (5795
59th Ct.) to De La Hoz Builders, Inc., Sebastian, FL for
the total amount of $7,594.80, (2) Carlyle, Juanita (4357
33d Ave.) to Regan Construction, Inc., Vero Beach, FL,
for the total amount of $6,702.00; (3) Fersch, Monteen
(3515 69th St.) to Regan Construction, Inc., Vero Beach,
FL , for the total amount of $8,665.92; (4) McGriff, Mack
(4436 35th Ave.) to Regan Construction, Inc., Vero Beach,
FL, for the total amount of $4,392.00; (5) Brown, Willie
Mae (2334 1St Ave SE) to Regan Construction, Inc., Vero
Beach, FL, for the total amount of $5,738.40; (6)
Stevenson, Dorothy (4385 23`d Ct.) to De La Hoz
Builders, Inc., Sebastian, FL, for the total amount of
$6,294.00; and (7) Gillis, Joe (690 24th St. SW) to Regan
Construction, Inc., Vero Beach, FL, for the total amount
of $8,610.00, as recommended in the memorandum of
April 12, 2010.
15
April 20, 2010
BK1R39P6234
12..4.2. REQUEST FOR AUTHORIZATION TO ABATE RECURRENCE OF A PUBLIC
NUISANCE ON AN UNMAINTAINED GOLF COURSE WITHIN VISTA
GARDENS MULTIFAMILY DEVELOPMENT (LANDOWNER: VISTA GOLF
LLC; CODE ENFORCEMENT CASE No. 2009060086)
MOTION WAS MADE by Vice Chairman Solari,
SECONDED by Commissioner Flescher, to approve
staff's recommendation.
Commissioner Flescher noted this was the second time this matter has come before the
Board, and wanted to know if there was a more permanent solution for this issue.
Discussion ensued, with input from Attorney Polackwich, and Chief of Environmental
Planning Roland DeBlois, regarding possible legal remedies for this situation.
Assistant County Attorney George Glenn informed the Board that the respondent in this
matter, Vista Golf LLC, must be given the opportunity to defend him or herself.
Chairman O'Bryan asked if a representative was present and wished to speak. Seeing
none, the Board took the following action:
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board authorized the
County's employees, servants, agents, or contractors to
again enter upon the Vista Golf, LLC property within
Vista Gardens at all reasonable times, and take whatever
action is necessary to abate the nuisance described in
staff's report, with costs of the abatement to be recorded
as a lien against the subject property, as recommended in
16
April 20, 2010
133 139 PG 235
the memorandum of April 12, 2010.
BK I? S33.
Chairman O'Bryan directed the County Attorney to return with additional possible
remedies on securing the cooperation of Vista Golf, LLC in maintaining the golf course within
Vista Gardens.
12.A.3. RE -CONSIDERATION OF REQUEST FOR A ONE-YEAR EXTENSION OF
THE OCEAN CONCRETE SITE PLAN APPLICATION TO CONSTRUCT A
CONCRETE BATCH PLANT
In accordance with Attorney Polackwich's declaration that this matter was quasi-judicial
in nature, the Deputy Clerk administered the Oath to all persons to appear before the Board.
Community Planning Director Stan Boling, through a PowerPoint presentation (on file),
provided description, conditions, and analysis pertaining to Ocean Concrete Inc.'s request for a
one-year extension of its site plan application to construct a concrete batch plant on a + 7 6 acre
site zoned Light Industrial (IL) located on the west side of Old Dixie Highway. He provided a
timeline of Ocean Concrete's two site plan applications, and explained that while the second
application was still valid, the Board had approved (in July 2007), to eliminate concrete plants as
an allowable use in IL Districts, while allowing Ocean Concrete to continue with the application
process to see if they could satisfy the regulations notwithstanding the new limitation. In
December 14, 2007, Ocean Concrete filed a lawsuit against the County relating to the Board's
denial of a site plan application extension request, and on January 7, 2008, a lawsuit was filed
regarding staff's denial of a site plan for construction of the plant. Director Boling explained
that the Circuit Court has rendered a decision directing the Board to hold a new hearing on the
application extension using a "good cause" standard, and presented staff's recommendation to
grant the one-year extension.
17
April 20, 2010
PC 139 P6 236
Attorney Polackwich conveyed the necessity for ascertaining if Ocean Concrete can meet
the requirements for site plan approval and whether they have a vested right to proceed under the
previous regulations or whether the new regulations would apply. He explained that the new
LDR's apply unless there can be a demonstration of equitable estoppel or vested rights. He
wished to get an answer to both of these items and have this issue resolved in a timely manner.
Discussion ensued as the Board sought and received additional details on Ocean
Concrete's site plan application, and on Ocean Concrete's response to the discrepancy letters
sent to them by the Technical Review Committee.
Attorney Polackwich observed that historically, the practice of the Planning Department
has been to routinely grant extensions in situations similar to this, and that if it were not for the
LDR change, the application for the extension would have been granted.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to approve staff's
recommendation.
Attorney Polackwich advised that he would meet with Ocean Concrete's Attorney to
learn what criteria was used to establish Ocean Concrete's position that it is entitled to construct
the plant under the old LDR's; he will subsequently analyze the data and return with an opinion
to the Board.
Todd Smith, P E , 121 Hinchman Avenue, Sebastian, Engineer for Ocean Concrete, for
the record, voiced accord with staff's recommendation on Ocean Concrete.
Rex Nelson, Sebastian presented arguments opposing the proposed Ocean Concrete
Batch Plant, but acknowledged that the Board should undertake the steps necessary to make a
decision on whether Ocean Concrete meets the criteria.
18
April 20, 2010
BK 139 PG 237
BK ! ?a 1)C 53a
George Maab, 11085 Old Dixie Hwy Ocean Concrete, for the record, discussed some of
the issues which Ocean Concrete has been addressing in response to the discrepancy letters
(pertaining to its site plan applications), which had been sent by the Technical Review
Committee (TRC). He stressed that Ocean Concrete had been exercising due diligence on its
design plan beginning in 2003, prior to closing on the subject property.
Al (last name and address inaudible), spoke in opposition to the proposed Ocean
Concrete Batch Plant.
The Chairman CALLED THE QUESTION, and by a 3-2
vote (Commissioners O'Bryan and Flescher opposed), the
Motion carried. The Board approved Ocean Concrete
Inc.'s request to extend the site plan application (for
Concrete Batch Plant) for one year, as recommended in
the memorandum of April 12, 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
19
April 20, 2010
PC 139 PG 238
12.G. OFFICE OF MANAGEMENT AND BUDGET
12.G.1. PROPERTY/CASUALTY INSURANCE -MAY I, 2010 THROUGH APRIL 30,
2011
(Clerk's Note: This item was heard following Item 10.11.1.Public Discussion Items -
Request to Speak from Ken Felten, Brown & Brown Insurance, and is placed here for
continuity).
Office of Management and Budget Director Jason Brown recapped his memorandum of
April 13, 2010 to provide background information on the renewal of the County's property and
casualty insurance. He conveyed that in March 2009, Arthur J. Gallagher (AJG) had been
approved as the County's insurance broker, with five one-year renewals, and that he intended to
renew with Gallagher for the first of those five one-year renewals. He noted that although the
County undergoes the RFP process for insurance services every few years to keep a check on the
broker; it is not done every year. Director Brown provided a detailed comparison of the major
differences in the insurance coverage offered by Brown and Brown Insurance, and by Arthur J.
Gallagher, and addressed several points made earlier by Mr. Felten (see Item 10.B.1.). Director
Brown spoke of the excellent customer service provided by AJG in the past, affirmed that the
coverage provided by that firm was superior, and presented staffs recommendation to renew
with Arthur J. Gallagher.
Director Brown, with input from Administrator Baird, responded to the Board's query
regarding the reasons that Brown & Brown was presenting a property insurance proposal when
they had not responded to the County's initial Request for Proposal (RFP) for insurance services,
which had been advertised on January 21, 2009. He explained that due to a miscommunication
with former Risk Management staff, Brown & Brown Insurance had the impression that the
County was still accepting bids for the insurance broker services.
20
April 20, 2010
BK 139 PG 239
9K 138bCsits
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, for discussion, to
approve staff's recommendation of Alternative 2, the
renewal with Arthur J. Gallagher for the first one-year
renewal of broker services.
Staff addressed further questions from the Board regarding the circumstances which
prompted Brown & Brown to submit its proposal.
Commissioner Flescher asked Commissioner Wheeler if his Motion included the County
going through the RFP process for the insurance broker services for the following year, and
Commissioner Wheeler affirmed that he did not mind going out for a bid.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to include
direction to staff to undergo the RFP (Request for
Proposal) process for broker services for the following
year.
Chairman O'Bryan thanked Mr Felten for all of his work and the information he has
provided to the County; however, he felt it was prudent to support staff's recommendation to
renew with AJG for one year, and to subsequently issue an RFP for the following year.
The Board accepted input from the following speakers:
Gerry Thistle, Willis North America
Joe Chiarella, 350 15 Lane SW
Calvin Kreigh, 329 Main Street, Sebastian
Further discussion ensued, after which the Board took the following action:
21
April 20, 2010
139 PG 240
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board: (1) approved to
renew with Arthur J. Gallagher for the first one-year
renewal of broker services as awarded March 1, 2009; (2)
selected the optional program including additional
hurricane coverage of $25 million for a total hurricane
limit of $50 million; (3) authorized staff to bind coverage
as approved for the May 1, 2010 effective date, resulting
in a total premium of $1,876,968.02, a decrease of
$90,476.98 or 4.6% from the current year; and (4) directed
staff to undergo the RFP (Request for Proposal) process
for broker services for the following year.
The Chairman called a break at 12:10 p.m. and reconvened the meeting at 1:00 p.m., with
all members present.
12.H. RECREATION -NONE
12.I. PUBLIC WORKS
12i1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT
Public Works Director Christopher Mora used a PowerPoint Presentation (on file), to
update the Board on the Sector 3 Beach Renourishment Project.
22
April 20, 2010
BK 139 PG 241
BK 133 Lt :;rt3
12.J UTILITIES SERVICES
12.J.1. FINAL PAYMENT - SURVEY FOR MITIGATION AT LOST TREE ISLANDS
ON MOTION by Vice Chairman Solari, SECONDED by
Commissioner Wheeler, the Board unanimously approved
and authorized the Chairman to execute the final payment
to Masteller, Moler, Reed and Taylor (MMRT) in the
amount of $1,387.50 (for mitigation at Lost Tree Islands —
[Earman, Duckhead, and Hogshead Islands] as part of the
Spoonbill March Project), as recommended in the
memorandum of April 6, 2010.
12..1.2. AMENDMENT NO. 1 TO WORK ORDER No. 13 WITH CDM- DESIGN,
PERMITTING, BIDDING AND CONSTRUCTION SERVICES FOR
CONSTRUCTION OF WELL No. 7 AND AT THE SOUTH COUNTY R.O.
FACILITY
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, the Board unanimously
approved and authorized the Chairman to execute
Amendment No. 1 to Work order No. 13 with Camp
Dresser and McKee (CDM) in the amount not to exceed
$22,770.00, as recommended in the memorandum of
April 14, 2010.
AMENDMENT NO. I ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
23
April 20, 2010
X 3 9 PG Zit 2
13. COUNTY ATTORNEY MATTERS
13.A. AGREEMENT FOR PERSONAL PROPERTY AND TRADE FIXTURES AT
CUMBERLAND FARMS SITE - OSLO ROAD IMPROVEMENT PROJECT
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman O'Bryan, for discussion, to
approve staff's recommendation.
Attorney Polackwich recapping the memorandum of April 9, 2010, provided
background on Cumberland Farms request to be allowed to remove their equipment and trade
fixtures from the subject site prior to the County's demolition of the structure for the Oslo Road
Improvement Project.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved and
authorized the Chairman to execute the Agreement for
Removal of Personal Property/Trade Fixtures with
Cumberland Farms, Inc., as recommended in the
memorandum of April 9, 2010.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.B. CITY OF FELLSMERE COURTESY WARNING, DATED APRIL 9, 2010
County Attorney Alan S. Polackwich, Sr., reviewed the memorandum of April 13, 2010
to provide background and analysis on the Courtesy Warning sent to the County by the City of
Fellsmere, pertaining to 2010 fire protection charges, for which the County has not yet paid. He
requested Board approval for staff to ask Fellsmere to delay new code enforcement proceedings
24
April 20, 2010
BK :139 PG 243
BK r, LC S it 2
relating to the 2010 bill until the appellate court makes a final decision on the County's appeal
regarding the 2009 fire protection charges.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Chairman O'Bryan, to approve staff's
recommendation.
A brief discussion ensued between Commissioner Davis and Attorney Polackwich
regarding whether staff's recommendation was the best course of action.
Vice Chairman Solari made observations pertaining to Fellsmere's annual charges for the
fire hydrant maintenance.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved to
approach Fellsmere with a suggestion to stay code
enforcement proceedings relating to the 2010 fire
protection charges, until the appellate court has resolved
the pending appeal relating to the 2009 fire protection
charges, as recommended in the memorandum of April 13,
2010.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C. ADDITION: USE OF KARLIN DANIEL & ASSOCIATES TO HOLD AUCTION TO
SELL SURPLUS/EXCESS COUNTY PROPERTY AND EQUIPMENT ON MAY 8, 2010
Attorney Polackwich reviewed the memorandum of April 15, 2010 to update the Board
on staff's request to retain the auctioneer services of Karlin Daniel & Associates for the May 8,
2010 Auction, subsequent to learning that the contract (piggy -backed off the City of Port St.
25
April 20, 2010
BI(1.39PG20+
Lucie), had not been the result of the competitive selection process, as staff had first believed.
He explained that there was an option in the purchasing code to waive the competitive bid
process under these circumstances, and conveyed staff's recommendation to exercise the waiver
and proceed with the May 8th Auction. He additionally recommended that the Board authorize
staff to proceed with a competitive bid process to line up an auctioneer for future auctions.
Commissioner Davis noted that there would be no additional expense to the County.
ON MOTION by Commissioner Davis, SECONDED by
Vice Chairman Solari, the Board unanimously authorized
the auction for May 8, 2010, utilizing Karlin Daniel &
Associates and authorized the issuance of a Request for
Proposals (RFP) for the sale of both surplus/excess
equipment and real property for future auctions, as
recommended in the memorandum of April 15, 2010
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14. C. COMMISSIONER WESLEY S. DAVIS-NONE
14.D. COMMISIONER JOSEPH E. FLESCHER
14.D.1. SHARK FISHING
Commissioner Flescher showed slides (supplied by Doug Distl) depicting the practice of
shark fishing and chumming from the County's beaches. He reported that the County has
26 BK 139 PG 245
April 20, 2010
BK 5143,
become a popular and widely -advertised spot for non -local sportspeople to participate in boatless
shark fishing or chumming, which he believed were inappropriate and unsafe practices, in view
of nearby bathers and swimmers at County beaches. He asked the Board if they wished to
pursue the development of an enforceable Ordinance, such as the one adopted by Delray Beach,
to prohibit shark fishing and chumming from the beaches.
MOTION WAS MADE by Commissioner Flescher to
direct staff to draft an Ordinance to protect the citizens at
the shoreline from nearby shark fishing and chumming
activities. MOTION FAILED for lack of a second.
Board discussion ensued regarding the possible dangers to the bathers; the scope of the
County's legal jurisdiction over the shorelines and ocean; the State Statutes governing saltwater
fishing; and Delay Beach's Ordinance.
Attorney Polackwich explained that there were some areas of legislation reserved for the
State, such as saltwater fishing, but that there were exceptions within those parameters for local
governments to take action to protect the public. He related that the Board could adopt an
Ordinance after a Public Hearing showing that sharks were literally being attracted into the
bathing areas, and that this was creating a danger. He acknowledged that there was not 100%
certainty that the Ordinance would survive a challenge, but affirmed staff's willingness to take
up the challenge if the Board so desired.
A brief discussion ensued on the prevalence of sharks in County waters.
Commissioner Wheeler wanted to obtain further information on the factors precipitating
shark attacks, and suggested inviting an expert on shark habits to find out if the shark
fishing/chumming done on the shoreline, does, in fact, pose a hazard to bathers and swimmers.
27
April 20, 2010
eft 139 PG 246
K
✓ ice Chairman Solari supported Commissioner Wheeler in his desire for further
information, although he voiced dismay that the government has to legislate what should be a
common sense matter.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Solari, to direct staff to
obtain more information and an expert opinion regarding
the practice of shark fishing/chumming from County
beaches, and to bring this item back to the Board.
Commissioners Davis, Flescher, and Wheeler wished to go on record as being opposed to
banning the practice of shark fishing in Indian River County.
Further discussion ensued.
D oug Distl, representing Carlton Properties, provided background information on the
practice of boatless shark fishing and urged the Board to be pro -active in addressing this
dangerous situation.
Further discussion ensued regarding the dangerous aspects of the shark fishing from the
beaches; the perception versus the reality of the dangers posed to citizens by the sharks; and how
to balance the rights of beach goers and shark fishermen.
Joseph Paladin, suggested that the County obtain assistance from an expert, to assist
with the drafting of the Ordinance, should the County move in that direction.
D iscussion followed, with input from Assistant County Administrator Michael Zito,
pertaining to the enforceability of the proposed Ordinance.
28
April 20, 2010
BK 139 PG 247
BK 12a C S1ta
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed staff to
obtain further information and an expert opinion regarding
the practice of shark fishing/chumming from County
beaches, and to bring this item back to the Board
I4.E. COMMISSIONER GARY C. WHEELER -NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT -NONE
15. B. SOLID WASTE DISPOSAL DISTRICT -NONE
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 3:17
29
April 20, 2010
OK 139 PG 240
ATTEST:
pit° b a/re_
Jeffrey K Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved: JUN 2 2 2010
BCC/MG/2010Minutes
April 20, 2010
30
BK 139 PG 249