HomeMy WebLinkAbout10/18/2011 (8)MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
COMMISSION AGENDA
TUESDAY, OCTOBER 18, 2011 - 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
Bob Solari, Chairman
Gary C. Wheeler, Vice Chairman
Wesley S Davis
Joseph E Flescher
Peter D. O'Bryan
District 5
District 3
District 1
District 2
District 4
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.
Reverend Steve Jones, Vero Christian Church
Alan S. Polackwich, Sr., County Attorney
4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5. PROCLAMATIONS and PRESENTATIONS
A. A Presentation by Lauren Weaver on the Lauren's Way Homeless Project
PAGE
1
B. Presentation of Proclamation Designating the Month of October as National
Arts and Humanities Month
October 18, 2011
2
BK RI PG 546
Page l of 7
5.
6.
7.
PROCLAMATIONS and PRESENTATIONS PAGE
C. Presentation of Proclamation Celebrating the 45th Anniversary of the
FlightSafety Academy in Indian River County 3
D. Presentation by Amy Brumes, External Affairs Manager, Florida Power and
Light; and Max Macon, Regional Manager — Customer Service Field
Operations, Florida Power and Light
APPROVAL OF MINUTES
None
INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Defense fees and expenses in FVP Miami Lakes LLC v. Indian River
County
(memorandum dated October 11, 2011)
4
8. CONSENT AGENDA
A. Approval of Warrants and Wires — October 1, 2011 to October 6, 2011
(memorandum dated October 6, 2011) 5-13
B. Approval of Wires — September 30, 2011
(memorandum dated September 30, 2011) 14-15
C. Mitigation for taking of wetlands associated with the bridge replacement at
4th Street and 82❑d Avenue
(memorandum dated October 10, 2011)
16-21
D. Annual Renewals for Professional Service Agreements for Annual Land
Surveying and Mapping/GIS Services Contract IRC Project No 1032, RFQ #
2011009
(memorandum dated October 7, 2011) 22-37
E. Miscellaneous Budget Amendment 024
(memorandum dated October 10, 2011) 38-41
•
F. Approval of Bid Award for IRC Bid No. 2012012 Demolition and Removal
of Condemned Marsh Island Structures
(memorandum dated October 10, 2011) 42-47
October 18, 2011
BK 141 PG 547
Page 2 of 7
8. CONSENT AGENDA PAGE
G. Final Pay to Atkins for CUP Acquisition, Design and Construction Services
of the North County RO Water Treatment Plant Well Expansion Project
(memorandum dated October 6, 2011) 48-53
H. Release of Retainage Applied Technology & Management — WO#17, Sector
7 Beach Restoration Project — Post Construction Monitoring 2010
(memorandum dated October 7, 2011)
54-57
I. Approval of Bid Award for IRC Bid No. 2012008 Annual Bid for Elevator
Maintenance
(memorandum dated September 27, 2011)
58-65
J. IRC Bid No. 2011052 Interact Public Safety Agreement
(memorandum dated October 10, 2011) 66-87
K. Approval of Renewal of the 800 MHz Communications System
Infrastructure Maintenance Contract with Communications International,
Inc.
(memorandum dated September 30, 2011)
88-97
L Authorization for Out of County Travel
(memorandum dated October 12, 2011) 98-100
9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10. PUBLIC ITEMS
A. PUBLIC HEARINGS
1. Orchid Quay, LLC; TC Property Venture, LLC; and William Hunter
Request: to Amend the Comprehensive Plan's Future Land Use
Map to Redesignate ± 28.56 Acres, Located Approximately 1900
feet South of C.R. 510 and East of 46th Avenue and U.S. #1 From
M-1, Medium -Density Residential -1 (up to 8 units/acre), to C/I,
Commercial/ Industrial; and Simultaneously Change the Land Use
Designation of ±9 21 Acres, Located South of C.R 510, and East of
46th Avenue, From C/I, Commercial/Industrial, to M-1, Medium
Density Residential — 1 (up to 8 units/acre) and Change the Land
Use Designation of ±20 11 Acres, Located Approximately +1300
Feet South of 65th Street and West of the FEC Railroad, From C/I,
Commercial and Industrial, to L-2, Low Density Residential -2 (up
to 6 units/acre)
(memorandum dated October 7, 2011) 101-14.1
Legislative Bit 141 PG 548
October 18, 2011
Page 3 of 7
10. PUBLIC ITEMS PAGE
A. PUBLIC HEARINGS
2. County Initiated Request to Amend the Text of Several Elements
and Sub -Elements of the County's Comprehensive Plan
(memorandum dated October 5, 2011)
11.
142-180
Legislative
3. Final Public Hearing and Discussion of 2011 Redistricting of
County Commissioner Districts
(memorandum dated October 12, 2011)
181-193
Legislative
B. PUBLIC DISCUSSION ITEMS
1. Request to Speak from Brian Heady Regarding an update on the
possible sale of the electric utility
(e-mail dated October 9, 2011)
194
C. PUBLIC NOTICE ITEMS
None
COUNTY ADMINISTRATOR MATTERS
None
12. DEPARTMENTAL MATTERS
A.
B.
C.
Community Development
1. Consideration of a Request by the City of Fellsmere for County
Participation in an Application for Funding under the
Transportation Investment Generating Economic Recovery
(TIGER) Rural Communities Grant Program
(memorandum dated October 11, 2011)
195-199
Emergency Services
None
General Services
None
•
BK 14I PG
October 18, 2011 Page 4 of 7
12.
DEPARTMENTAL MATTERS PAGE
D. Human Resources
None
E.
Human Services
None
F. Leisure Services
None
G.
H.
Office of Management and Budget
None
Recreation
None
1. Public Works
None
J. Utilities Services
1. Final Payment and Change Order No. 3 to IRC Bid No. 2010024 to
Tim Rose Contracting, Inc. for Reconciliation of Pay Items and
North County RO Raw Water Pump and Piping Project
(memorandum dated October 10, 2011)
200-207
2. Change Order No. 1 to IRC Bid No. 2011022 to Tim Rose
Contracting, Inc. for Construction of Barrier Island Reclaimed
Water System
(memorandum dated October 7, 2011)
208-227
13. COUNTY ATTORNEY MATTERS
A. Election of Chairman and Vice Chairman
(memorandum dated October 10, 2011) 228
B. Request for Private Attorney -Client Meeting Relating to FVP Miami Lakes
v. Indian River County
(memorandum dated October 12, 2011)
229
8K 141 PG 550
October 18, 2011 Page 5 of 7
13.
COUNTY ATTORNEY MATTERS PAGE
C. Proposed Resolution Setting Forth the Board's Position on the Referendum
Question Relating to the Leasing of the City's Power Plant Site in
connection with the Possible Sale of the City Electric Utility
(memorandum dated October 12, 2011) 230-232
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
13. Solid Waste Disposal District
1. Approval of Minutes Meeting of August 16, 2011
October 18, 2011
2. Approval of Minutes Meeting of September 6, 2011
3. Amendment No. 2 to Work Order No. 29 to Geosyntec to
Implement the FDEP Approved Remedial Action Plan Modification
at the Former South Gifford Road Landfill
(memorandum dated October 7, 2011)
233-251
•
•
BK 141PG5
Page 6 of 7
15.
SPECIAL DISTRICTS AND BOARDS PAGE
B. Solid Waste Disposal District
4. Final Pay & Release of Retainage to Guettler Brothers, LLC — Bid
No. 2011027 for Indian River County Phase I Site Preparation for
Cell 1 Construction
(memorandum dated October 5, 2011) 252-259
C.
5. Construction & Demolition Debris Recycling at IRC Landfill
(memorandum dated October 6, 2011) 260-264
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
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 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 18, 2011
•
•
BK 141 PG 552
Page7of 7
JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
•
OF OCTOBER 18, 2011
1. CALL TO ORDER 6
2. INVOCATION 6
3. PLEDGE OF ALLEGIANCE 6
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE 7
5. PROCLAMATIONS AND PRESENTATIONS 7
5.A. A PRESENTATION BY LAUREN WEAVER ON THE LAUREN'S WAY HOMELESS
PROJECT 7
5.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF OCTOBER AS
NATIONAL ARTS AND HUMANITIES MONTH 8
5.C. PRESENTATION OF PROCLAMATION CELEBRATING THE 45TH ANNIVERSARY OF
THE FLIGHTSAFETY ACADEMY IN INDIAN RIVER COUNTY 8
5.D. PRESENTATION BY AMY BRUNJES, EXTERNAL AFFAIRS MANAGER, FLORIDA
POWER AND LIGHT; AND MAX MACON, REGIONAL MANAGER - CUSTOMER
SERVICE FIELD OPERATIONS, FLORIDA POWER AND LIGHT 8
6. APPROVAL OF MINUTES - NONE 9
BK 141 PG 553
October 18, 2011 1
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 9
7.A. DEFENSE FEES AND EXPENSES IN FVP MIAMI LAKES LLC V. INDIAN RIVER
COUNTY 10
8. CONSENT AGENDA 10
8.A. APPROVAL OF WARRANTS AND WIRES - OCTOBER 1, 2011 TO OCTOBER 6, 2011 10
8.B. APPROVAL OF WIRES - SEPTEMBER 30, 2011 10
8.C. MITIGATION FOR TAKING OF WETLANDS ASSOCIATED WITH THE BRIDGE
REPLACEMENT AT 4TH STREET AND 82ND AVENUE 11
8.D. ANNUAL RENEWALS FOR PROFESSIONAL SERVICE AGREEMENTS FOR ANNUAL
LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT IRC PROJECT No
1032, RFQ # 2011009 11
8 E MISCELLANEOUS BUDGET AMENDMENT 024 12
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2012012 DEMOLITION AND
REMOVAL OF CONDEMNED MARSH ISLAND STRUCTURES 12
8.G. FINAL PAY TO ATKINS FOR CUP ACQUISITION, DESIGN AND CONSTRUCTION
SERVICES OF THE NORTH COUNTY RO WATER TREATMENT PLANT WELL
EXPANSION PROJECT 13
8.H. RELEASE OF RETAINAGE APPLIED TECHNOLOGY & MANAGEMENT - WO#17,
SECTOR 7 BEACH RESTORATION PROJECT - POST CONSTRUCTION MONITORING
2010 13
8.I. APPROVAL OF BID AWARD FOR IRC BID No. 2012008 ANNUAL BID FOR
ELEVATOR MAINTENANCE 14
8.J. IRC BID NO. 2011052 INTERACT PUBLIC SAFETY AGREEMENT 14
8.K. APPROVAL OF RENEWAL OF THE 800 MHZ COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC 15
8.L. AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE 15
10. PUBLIC ITEMS 16
10.A. PUBLIC HEARINGS 16
BK 141 PG 554
October 18, 2011 2
10.A.1. ORCHID QUAY, LLC; TC PROPERTY VENTURE, LLC; AND WILLIAM HUNTER
REQUEST: TO AMEND THE COMPREHENSIVE PLAN S FUTURE LAND USE MAP TO
REDESIGNATE ± 28.56 ACRES, LOCATED APPROXIMATELY ±900 FEET SOUTH
OF C.R. 510 AND EAST OF 46TH AVENUE AND U.S. #1, FROM M-1, MEDIUM -
DENSITY RESIDENTIAL -1 (UP TO 8 UNITS/ACRE), TO C/I,
COMMERCIAL/INDUSTRIAL; AND SIMULTANEOUSLY CHANGE THE LAND USE
DESIGNATION OF ±9 21 ACRES, LOCATED SOUTH OF C.R. 510, AND EAST OF
46TH AVENUE, FROM C/I, COMMERCIAL/INDUSTRIAL, TO M-1, MEDIUM
DENSITY RESIDENTIAL - 1 (UP TO 8 UNITS/ACRE); AND CHANGE THE LAND USE
DESIGNATION OF ±20.11 ACRES, LOCATED APPROXIMATELY ±1300 FEET
SOUTH OF 65TH STREET AND WEST OF THE FEC RAILROAD, FROM C/I,
COMMERCIAL AND INDUSTRIAL, TO L-2, LOW DENSITY RESIDENTIAL -2 (UP TO
6 UNITS/ACRE (LEGISLATIVE) 16
10.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF SEVERAL ELEMENTS
AND SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE PLAN (LEGISLATIVE) 20
10.A.3. FINAL PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF COUNTY
COMMISSIONER DISTRICTS 21
10.B. PUBLIC DISCUSSION ITEMS 34
10.B.1. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING AN UPDATE ON THE
POSSIBLE SALE OF THE ELECTRIC UTILITY 34
10.C. PUBLIC NOTICE ITEMS - NONE 34
11. COUNTY ADMINISTRATOR MATTERS - NONE 34
12. DEPARTMENTAL MATTERS 34
12.A. COMMUNITY DEVELOPMENT 34
12.A.1. CONSIDERATION OF A REQUEST BY THE CITY OF FELLSMERE FOR COUNTY
PARTICIPATION IN AN APPLICATION FOR FUNDING UNDER THE
TRANSPORTATION INVESTMENT GENERATING ECONOMIC RECOVERY (TIGER)
RURAL COMMUNITIES GRANT PROGRAM 34
12.B. EMERGENCY SERVICES - NONE 35
12.C. GENERAL SERVICES - NONE 35
12.D. HUMAN RESOURCES - NONE 35
12 E HUMAN SERVICES - NONE 35
BK IleIPG555
October 18, 2011 3
12.F. LEISURE SERVICES - NONE 35
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 36
12.H. RECREATION - NONE 36
12.I. PUBLIC WORKS - NONE 36
12.J. UTILITIES SERVICES 36
12.J.1. FINAL PAYMENT AND CHANGE ORDER NO. 3 TO IRC BID NO. 2010024 TO TIM
ROSE (TIMOTHY ROSE) CONTRACTING, INC FOR RECONCILIATION OF PAY
ITEMS AND NORTH COUNTY RO RAW WATER PUMP AND PIPING PROJECT 36
12.7.2. CHANGE ORDER NO. 1 TO IRC BID NO. 2011022 TO TIM ROSE CONTRACTING,
INC. FOR CONSTRUCTION OF BARRIER ISLAND RECLAIMED WATER SYSTEM 37
13. COUNTY ATTORNEY MATTERS 37
13.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN 37
13.B. REQUEST FOR PRIVATE ATTORNEY-CLIENT MEETING RELATING TO FVP MIAMI
•
LAKES V. INDIAN RIVER COUNTY 38
13.C. PROPOSED RESOLUTION SETTING FORTH THE BOARD'S POSITION ON THE
REFERENDUM QUESTION RELATING TO THE LEASING OF THE CITY'S POWER
PLANT SITE IN CONNECTION WITH THE POSSIBLE SALE OF THE CITY ELECTRIC
UTILITY 38
14. COMMISSIONER ITEMS 40
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 40
14.B. COMMISSIONER GARY C. WHEELER, VICE CHAIRMAN - NONE 40
14.C. COMMISSIONER WESLEY S. DAVIS - NONE 40
14.D. COMMISSIONER JOSEPH E FLESCHER - NONE 40
14 E COMMISSIONER PETER D. O'BRYAN - NONE 40
15. SPECIAL DISTRICTS AND BOARDS 40
15.A. EMERGENCY SERVICES DISTRICT - NONE 40
15.B. SOLID WASTE DISPOSAL DISTRICT 40
15.B.1. APPROVAL OF MINUTES MEETING OF AUGUST 16, 2011 40
15.B.2. APPROVAL OF MINUTES MEETING OF SEPTEMBER 6, 2011 40
October 18, 2011 4
BK l Id PG 556
15.B.3. AMENDMENT No. 2 TO WORK ORDER No. 29 TO GEOSYNTEC TO IMPLEMENT
THE FDEP APPROVED REMEDIAL ACTION PLAN MODIFICATION AT THE
FORMER SOUTH GIFFORD ROAD LANDFILL 41
15.B.4. FINAL PAY & RELEASE OF RETAINAGE TO GUETTLER BROTHERS, LLC - BID
No. 2011027 FOR INDIAN RIVER COUNTY PHASE I SITE PREPARATION FOR
CELL 1 CONSTRUCTION 41
15.B.5. CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL 41
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 41
16. ADJOURNMENT 41
October 18, 2011 5
BK 141PG557
JEFFREY K. BARTON
Clerk to the Board
October 18, 2011
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, October 18, 2011. Present were Chairman Bob Solari, Vice Chairman Gary C.
Wheeler, and 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 Maureen Gelfo.
1. CALL TO ORDER
Chairman Solari called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Steve Jones, Vero Christian Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney Alan S. Polackwich, Sr. led the Pledge of Allegiance to the Flag.
81( 141 PG 558
October 18, 2011 6
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
-NONE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, the Board unanimously approved
the Agenda as presented.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. A PRESENTATION BY LAUREN WEAVER ON THE LAUREN'S WAY
HOMELESS PROJECT
Lauren Weaver, a 5th grade student from Osceola Magnet School, provided background
and details on her project (known as the Lauren's Way Homeless Project), which last year
provided 100 boxes and 1,100 canned goods to the homeless shelter, The Source. Lauren
announced her goals for this year, and said that further information is available at 772-633-2540,
or at the Source's website, www.iamthesource.org.
Sonya Morrison, The Source, commended Lauren and her parents on the project.
Chairman Solari announced that The Source was holding a fundraiser at the Moorings on
October 21, 2011.
Commissioner O'Bryan invited people to bring their donations to the Vero Highlands
Community Center at 5:30 p.m. on November 7, 2011.
October 18, 2011 7
BK 141 PG 559
S.B. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
OCTOBER AS NATIONAL ARTS AND HUMANITIES MONTH
Chairman Solari read and presented the Proclamation to Barbara Hoffman Chairman;
and Donna Lindsay, Treasurer, of the Cultural Council of Indian River County. Ms. Hoffman
announced that the 2011-2012 Community Event Planners were available in the lobby or at the
Council's website, www.cultural-council.org.
S.C. PRESENTATION OF PROCLAMATION CELEBRATING THE 45771
ANNIVERSARY OF THE FLIGHTSAFETY ACADEMY IN INDIAN RIVER
COUNTY
Vice Chairman Wheeler read and presented the Proclamation to Dan Greenhill,
FlightSafety Academy Center Manager, and another representative (unnamed) of the Academy.
S.D. PRESENTATION BY AMY BRUNJES, EXTERNAL AFFAIRS MANAGER,
FLORIDA POWER AND LIGHT; AND MAX MACON, REGIONAL MANAGER
CUSTOMER SERVICE FIELD OPERATIONS, FLORIDA POWER AND LIGHT
Amy Brunjes, External Affairs Manager, Florida Power and Light (FPL), through a
PowerPoint presentation (copy on file), provided background regarding FPL's possible
acquisition of the City of Vero Beach's Electric Utility. She relayed that FPL intends to do what
is in the best interests of FPL and the City, without adversely impacting current FPL customers,
and to provide City customers with FPL rates, which are the lowest in the state. Ms. Brunjes
disclosed that FPL provides electric service, whereas its parent company, NextEra Energy,
generates wholesale renewable energy.
October 18, 2011 8
Mt 041 PG 560
Max Macon, Regional Manager, Customer Service Field Operations, continuing the
PowerPoint presentation, announced that for the 7th consecutive year, FPL has been granted the
ServiceOne Award for exceptional customer service. He outlined customer service programs
and billing options available to FPL customers, and provided details on Energy Smart Florida
(a.k.a Smart Grid), a new program which will employ smart meters to help FPL pinpoint outages
and educate customers on their energy usage.
Ryan Fair, Originator, Project Manager, Energy Marketing & Trading, resumed the
PowerPoint presentation to outline the terms of FPL's Letter of Intent to the City. He noted that
there were two issues that needed to be addressed independently of FPL - the City's agreement
with the Orlando Utilities Commission, and the City's entitlements with the Florida Municipal
Power Agency.
Ms. Brunjes affirmed that the purpose of the upcoming referendum was for City of Vero
Beach voters to decide whether or not to authorize the City to lease the power plant site to FPL,
not whether to sell the Electric Utility to FPL She asked the Board to support the referendum.
Chairman Solari advised that the Board would be voting later today on a proposed
resolution in support of the referendum.
The Board CONSENSUS was to have staff place FPL's presentation on the County's
website.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
October 18, 2011 9
OK 141 PG 5641
7.A. DEFENSE FEES AND EXPENSES IN FVP MIAMI LAKES LLC V. INDIAN
RIVER COUNTY
Noted for the record was the total amount of attorney's fees and expenses of $19,853.30,
billed to the County as of September 30, 2011, by the law firm Murphy & Walker.
8. CONSENT AGENDA
8.A. APPROVAL OF WARRANTS AND WIRES - OCTOBER 1, 2011 TO OCTOBER 6,
2011
ON MOTION by Commissioner Flescher, 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 October 1, 2011 to October 6,
2011, as recommended in the memorandum of October 6,
2011.
8.B. APPROVAL OF WIRES - SEPTEMBER 30, 2011
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the list of Wires as issued by the Clerk to the Board for the
time period of September 30, 2011, as requested in the
memorandum of September 30, 2011.
October 18, 2011 10
BK 141 PG 562
8.C. MITIGATION FOR TAKING OF WETLANDS ASSOCIATED WITH THE BRIDGE
REPLACEMENT AT 4TH STREET AND 82ND AVENUE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
agreed to release the County's Access Easement over the
property (located off 86th Avenue in Sebastian, more
commonly referred to as the St. Sebastian River Buffer
Preserve Area); (2) authorized the Chairman to execute
the Release of Easement for Sebastian Highlands, Unit 13,
Tract "D"; and (3) instructed staff to have the Release of
Easement recorded in the public records, as recommended
in the memorandum of October 10, 2011.
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.D. ANNUAL RENEWALS FOR PROFESSIONAL SERVICE AGREEMENTS FOR
ANNUAL LAND SURVEYING AND MAPPING/GIS SERVICES CONTRACT IRC
PROJECT NO 1032, RFQ # 2011009
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the fee schedules and agreements between the County and
the seven (7) firms selected, as follows: 1. Carter
Associates, Inc., Vero Beach; 2. Creech Engineering, Inc.,
Melbourne; 3. Culpepper & Terpening, Inc., Ft. Pierce; 4.
Indian River Survey, Inc., Vero Beach, 5. Kimley-Horn &
Associates, Inc , Vero Beach; 6. Masteller, Moler, Reed &
Taylor, Inc , Vero Beach; and 7. Morgan Eklund, Inc,,
Wabasso. The requested approval shall establish a
October 18, 2011 11
8K 141 PG 563
contractual agreement with the selected firms, all as stated
and recommended in the memorandum of October 7,
•
2011.
AGREEMENTS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. MISCELLANEOUS BUDGET AMENDMENT 024
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
Resolution 2011-096, amending the Fiscal Year 2010-
2011 budget.
8.F. APPROVAL OF BID AWARD FOR IRC BID No. 2012012 DEMOLITION AND
REMOVAL OF CONDEMNED MARSH ISLAND STRUCTURES
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
approved: (1) the bid award to L E B Demolition &
Consulting Contractors, Inc., as the lowest most
responsive and responsible bidder meeting the
specifications as set forth in the Invitation to Bid; and (2)
the issuance of a purchase order after receipt and approval
of the appropriate certificate of insurance, as
recommended in the memorandum of October 10, 2011.
October 18, 2011 12
BIC 141 PG 564
8.G. FINAL PAY TO ATKINS FOR CUP ACQUISITION, DESIGN AND
CONSTRUCTION SERVICES OF THE NORTH COUNTY RO WATER
TREATMENT PLANT WELL EXPANSION PROJECT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved final payment in the amount of $1,562.38 to
Atkins North America, Inc. (Atkins) for Work Order No. 2
consulting services; (2) found that the project is needed to
accommodate new growth in the County; (3) found that
new growth will proportionately benefit from the project;
and (4) approved the project, as presented; all as
recommended in the memorandum of October 6, 2011.
8.H. RELEASE OF RETAINAGE APPLIED TECHNOLOGY & MANAGEMENT
WOO 7, SECTOR 7 BEACH RESTORATION PROJECT - POST
CONSTRUCTION MONITORING 2010
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the release of retainage to Applied Technology &
Management (ATM) for Work Order No. 17, in the
amount of $18,885.48, as recommended in the
memorandum of October 7, 2011.
October 18, 2011 13
BK 141 PG 5 6 5
8.I. APPROVAL OF BID AWARD FOR IRC BID No. 2012008 ANNUAL BID FOR
ELEVATOR MAINTENANCE
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved the bid award to the third low bidder, Thyssen
Krupp Elevator Corporation, as the lowest and most
responsive bidder meeting the specifications as set forth
in the Invitation to Bid; (2) authorized the Purchasing
Division to issue blanket purchase orders for the period of
October 1, 2011 through September 30, 2012 with the
recommended bidder; and (3) authorized the Purchasing
Manager to renew this bid for two (2) additional one (1)
year periods subject to satisfactory performance, vendor
acceptance, and the determination that renewal of this
annual bid is in the best interest of Indian River County,
all as recommended in the memorandum of September 27,
2011.
8.J. IRC BID No. 2011052 INTERACT PUBLIC SAFETY AGREEMENT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously
authorized the Chairman to execute the Interact Public
Safety Systems Master Purchase and License Agreement
with Colossus, Inc , d/b/a/ InterAct Public Safety Systems,
to replace the call taking equipment at the Indian River
County Sheriff's Department, as recommended in the
memorandum of October 10, 2011.
October 18, 2011 14
B'1 141PG566
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K. APPROVAL OF RENEWAL OF THE 800 MHz COMMUNICATIONS SYSTEM
INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS
INTERNATIONAL, INC.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
the renewal of the 800 MHz Communications System
Master Service Agreement with Communications
International, Inc., as recommended in the memorandum
of September 30, 2011.
B.L. AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, the Board unanimously approved
out -of -County travel for Commissioners and staff to attend
the Florida Association of Counties (FAC) Legislative
Conference on November 15 through November 18, 2011,
in Sandestin Beach, Florida, as requested in the
memorandum of October 12, 2011.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
October 18, 2011 15
BK•14IPG567
10. PUBLIC ITEMS
10.A. PUBLIC HEARINGS
10.A.1. ORCHID QUAY, LLC; TC PROPERTY VENTURE, .LLC; AND WILLIAM
HUNTER REQUEST: TO AMEND THE COMPREHENSIVE PLAN'S FUTURE
LAND USE MAP TO REDESIGNATE ± 28.56 ACRES, LOCATED
APPROXIMATELY ±900 FEET SOUTH OF C.R. 510 AND EAST OF 46TH
AVENUE AND U.S. #1, FROM M-1, MEDIUM -DENSITY RESIDENTI4L-1 (UP
TO 8 UNITS/ACRE), TO C/I, COMMERCIAL/INDUSTRIAL; AND
SIMULTANEOUSLY CHANGE THE LAND USE DESIGNATION OF ±9.21
ACRES, LOCATED SOUTH OF C.R. 510, AND EAST OF 46TH AVENUE, FROM
C/I, COMMERCIAL/INDUSTRL4L, TO M-1, MEDIUM DENSITY RESIDENTIAL
1 (UP TO 8 UNITS/ACRE); AND CHANGE THE LAND USE DESIGNATION OF
±20.11 ACRES, LOCATED APPROXIMATELY ±1300 FEET SOUTH OF 65TH
STREET AND WEST OF THE FEC RAILROAD, FROM C/I, COMMERCIAL
AND INDUSTRIAL, TO L-2, Low DENSITY RESIDENTIAL -2 (UP TO 6
UNITS/ACRE (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 used a PowerPoint presentation (copy
on file) to detail the request of Orchid Quay LLC; William Hunter, and TC Property Adventure,
LLC; to amend the land use designation of three properties and the zoning of two properties, as
outlined below. He noted that the purpose of today's hearing is for the Board to decide whether
or not to forward the proposed Future Land Use Map Amendment to State and Regional review
agencies for consideration.
October 18, 2011 16
BK lid PG 568
Concluding his review, Director Keating proffered the recommendations of the Planning
and Zoning Commission and staff for the Board to approve the Resolution transmitting the
proposed Comprehensive Plan Future Land Use Map Amendment to . State and Regional
agencies; and to announce its intention to hold a final public hearing at the adoption stage.
Director Keating noted that associated rezonings would be addressed concurrent with the final
adoption of the Comprehensive Plan Amendments.
Discussion followed, as Director Keating and Public Works Director Chris Mora
addressed the Board's questions and comments.
The Chairman opened the Public Hearing.
Joseph Paladin, Black Swan Consulting & Entitlements, LLC, reported that the
financing was in place for Orchid Quay, and asked the Board and community to support the
project.
October 18, 2011 17
BK I4I PG 569
Subject Property 1
(Part of the overall site of
the former Bristol Bay
project)
Subject Property 2
(Part of the overall site of
the former Bristol Bay
project)
Subject Property 3
(Part of High Point
Planned Development
Project)
Owner
Orchid Quay, LLC
and William Hunter
Orchid Quay, LLC
TC Property Venture,
LLC
Current
Designation
Land Use
Medium Density
Residential -1 (M-1)
Commercial Industrial
(C/I)
Commercial Industrial
(C/I)
Proposed Land Use
Designation
Commercial Industrial
(C/I)
Medium Density
Residential —1 (M-1)
Low Density
Residential 2
— (L-2)
Current Zoning
± 28.30 acres Multi-
Family Residential
District (RM -6) and ±
0.26 acres Single-
Family Residential
District (RS -6)
± 6 02 acres General
Commercial District
(CG) and ± 3 19 acres
Office, Commercial
and Residential
District (OCR)
Planned Development
District (PD)
Proposed Zoning
General Commercial
District (CG)
Multi -Family
Residential District
(RM -6)
No Zoning Changes
Concluding his review, Director Keating proffered the recommendations of the Planning
and Zoning Commission and staff for the Board to approve the Resolution transmitting the
proposed Comprehensive Plan Future Land Use Map Amendment to . State and Regional
agencies; and to announce its intention to hold a final public hearing at the adoption stage.
Director Keating noted that associated rezonings would be addressed concurrent with the final
adoption of the Comprehensive Plan Amendments.
Discussion followed, as Director Keating and Public Works Director Chris Mora
addressed the Board's questions and comments.
The Chairman opened the Public Hearing.
Joseph Paladin, Black Swan Consulting & Entitlements, LLC, reported that the
financing was in place for Orchid Quay, and asked the Board and community to support the
project.
October 18, 2011 17
BK I4I PG 569
Mike Ray, Vice President, Graves Brothers, supported the Orchid Quay project;
however, he was concerned that the commercial traffic generated by the project would make
additional improvements necessary at the intersection at CR510 and US 1. He felt the developers
should pay for all required changes and improvements.
Bob Johnson, Coral Wind Subdivision, requested additional details on the
Comprehensive Plan, the notification process for neighboring property owners, and the Regional
Review agency.
Staff, with assistance from Commissioners Solari and O'Bryan, addressed Mr. Johnson's
questions.
Brian Curley, 4101 Ocean Drive, supported the Orchid Quay project, but shared Mr.
Ray's concerns about maintaining adequate road concurrency and levels of service after the
proj ect' s completion.
Brian Goode, 445 24th Street, Traffic Engineer, Kimley-Horn & Associates, attested that
the traffic study showed adequate capacity within the intersection. He also noted that the Flonda
Department of Transportation has indicated support for a traffic signal at US 1 and 83`d Street,
which would help alleviate traffic concerns.
Commissioner O'Bryan was concerned about making a land use change that might put
existing property owners in a position of being unable to obtain concurrency because it is already
vested out.
Mr. Johnson encouraged the Board to make sure the County maintains its high standards
for development and growth in the area.
Mr. Paladin declared that the Orchid Quay developers would gladly effect any
improvements necessitated by their project.
October 18, 2011 18
BK i4IPG570
Commissioner O'Bryan asked what would happen at the CR510 and US1 intersection
when Property 3 and Property 1 exchange land use designations (Property 3 changing from
Commercial to Residential, and Property 1 changing from Residential to Commercial).
Director Mora replied that when the County builds the intersection improvements, there
will be sufficient capacity for the Orchid Quay project, as well as additional projects.
There being no additional speakers, the Chairman closed the Public Hearing.
Chairman Solari explained that he had a conflict of interest arising from ownership of an
adjacent property, and would abstain from voting.
Commissioner O'Bryan requested that staff return with a report on concurrency statistics,
based on existing and future land uses.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Chairman Solari
abstained), the Board (1) approved Resolution 2011-097,
approving the transmittal of a proposed Indian River
County Comprehensive Plan Future Land Use Map
Amendment to State and Regional Review Agencies; (2)
announced its intention to hold and advertise a final public
hearing at the adoption stage of the plan amendment
process; and (3) authorized approval of the proposed
rezoning requests at the final public hearing.
FORM 8B MEMORANDUM OF VOTING CONFLICT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
The Chairman called a recess at 10:59 a.m. and reconvened the meeting at 11:13 a.m.,
with all members present.
October 18, 2011 19
x`141 PG 571
10.A.2. COUNTY INITIATED REQUEST TO AMEND THE TEXT OF SEVERAL
ELEMENTS AND SUB -ELEMENTS OF THE COUNTY'S COMPREHENSIVE
PLAN (LEGISLATIVE)
Community Development Director Robert Keating used a PowerPoint presentation (copy
on file) to detail the County -initiated request to amend the text of 11 elements and sub -elements
of the Comprehensive Plan. He conveyed that some of the changes included deleting references
to committees and State regulations that have been eliminated; adding recycling facilities to the
list of permitted uses under the Agricultural Land Use designation; and clarifying that Planned
Development (PD) zoning is not allowed under the Mobile Home Rental Park (MHRP) Land
Use designation. He thereafter confirmed that in accordance with the Planning & Zoning
Commission, staff recommends that the Board approve the Resolution transmitting the proposed
text amendments to State and Regional agencies, and announce its intention. to hold a final public
hearing at the adoption stage.
Responding to questions from Commissioner O'Bryan, Director Keating provided further
details on the proposed changes regarding recycling facilities, noting that Special Exception Use
approval would still be required for the recycling of construction and demolition debris.
The Chairman opened the Public Hearing.
In response to queries from Bob Johnson, Coral Wind Subdivision Director Keating
provided additional information relating to the proposed Comprehensive Plan Text Amendment
There being no additional speakers, the Chairman closed the Public Hearing.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Flescher the Board unanimously
approved Resolution 2011-098, approving the transmittal
October 18, 2011 20
BK 141 PG 572
of proposed Indian River County Comprehensive Plan
Text Amendment to State and Regional Review Agencies.
10.A.3. FINAL PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF
COUNTY COMMISSIONER DISTRICTS
Attorney Polackwich recapped his October 12, 2011 memorandum to provide a brief
report on the County's 2011 redistricting initiative. He stated that at its third Public Hearing on
September 20, 2011, the Board had tentatively approved the proposed Resolution and
redistricting documents, and today was the fourth and final Public Hearing for the Board to
consider adoption of the Resolution, including the map and legal descriptions reflecting the new
Commissioner District boundaries (see below).
Will Rice, Geographic Information Systems (GIS) Manager, used a PowerPoint
presentation (copy on file) to review the redistricting process and goals. He showed maps
depicting existing and proposed Commissioner Districts and legal boundaries, and affirmed that
the proposed boundaries satisfy the redistricting criterion to have equal population distribution
(plus or minus 3%) within each Commissioner District.
The Chairman opened the Public Hearing.
Karen Disney-Brombach, School Board Member, revealed that on October 25, 2011,
the School Board would be considering its proposed Resolution adopting the change to the
District School Board Members' District Boundaries and District Numbers.
There being no additional speakers, the Chairman closed the Public Hearing.
October 18, 2011 21
Bk 141 PG 573
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Wheeler the Board unanimously
approved Resolution 2011-099, establishing boundaries
of County Commissioner Districts following the 2010
Decennial Census.
ATTACHMENT BELOW: Resolution 2011-099 including Commissioner District Map and
Legal Descriptions
This Space Intentionally Left Blank
October 18, 2011 22
•
141 PG 51'
RESOLUTION 2011- 099
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING BOUNDARIES OF COUNTY
COMMISSIONER DISTRICTS FOLLOWING THE 2010
DECENNIAL CENSUS
WHEREAS, in early 2011, the United States Census Bureau completed the 2010
decennial census; and
WHEREAS, article VIII, section (1)(e) of the Florida Constitution provides that after
each decennial census, the Boaid of County Commissionersshall divide the county into districts
of contiguous territory as nearly equal in population as practicable; and
WHEREAS, section 124.01, Florida Statutes, provides that (1) there shall be five county
commissioners' districts in each county, which shall be as nearly equal in proportion to
population as possible, and (2) changes in the boundaries of commissioner districts shall be made
only in odd -numbered years; and
WHEREAS, on July 12, 2011, the Board adopted the 2011 Redistricting Plan which
established criteria, procedures and a schedule for the redistricting process, and
WHEREAS, the Board has engaged in a thorough, open and transparent redistricting
process, which has included, among other things, posting information. and proposed boundaries
on the County's website and at variouslocations throughout the County; working with the
Supervisor of Elections and the School District; holding workshops with the School Board and at
the City Council Chambers in the City of Sebastian, and holding public hearings on July 12,
September 13, September 20 (in Sebastian), and October 18, 2011, all for the purpose of
Informing the public and receiving input from the public concerning redistricting issues,
NOW, THEREFORE, 13E IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS• OF INDIAN RIVER COUNTY, FLORIDA, THAT:
1. In accordance with article VIII, section (1)(e) of the Florida Constitution and
section 124.01, Florida Statutes, the Board hereby establishes the boundaries of
county commissioners' districts as set forth in the map attached hereto as Exhibit
"A" and the legal descriptions attached hereto as Composite "B."
2. An accurate description of the boundaries of the county commissioners' districts
shall be entered upon the minutes of the Board of County Commissioners, and a
certified copy thereof shall be published at least once each week for two
consecutive weeks in the Vero Beach Press Journal. Proof of such publication
shall then be entered into the minutes of the Board.
8KI4IP6575
RESOLUTION 2011- 099
The Clerk to the Board of County Commissioners shall forthwith furnish the
Department of State with a certified copy of the Board's minutes, reflecting the
description of the boundaries of the districts. The Department of State shall
record a description of such boundaries in its office in a book kept for that
purpose
4. This resolution shall become effective upon adoption by the Board.
The foregoing resolution was moved for adoption by Commissioner 0' Bryan ,
and the motion was seconded by Commissioner Wheeler , and, upon being put to a
vote, the vote was as follows:
Chairman Bob Solari
Vice Chairman Gaiy C. Wheeler
Commissioner Wesley S. Davis
Commissioner Joseph E. F1.escher
Commissioner Peter D. O'Bryan
Aye
Aye
Aye
Aye
Aye
The Chairman thereupon declared the resolution duly passed and adopted this 18
of October 32011
Attest: J. K. Bn, Clerk
Deputy Clerk
day
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
C f� /� NY.�......
By: � VG�'�-f.�-+�--�- .�yCpMMISS�� c
Bob Solari, ChairmanJ`'• • s
tat
Approvedas to form and legal suft itIbncy
Alan S. P
•
ackwich, Sr., County Attorney`'""
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BK 141 PG576
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•
COMMISSION DISTRICT NUMBER 1
LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT
NUMBER 1 (ONE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING
BOUNDARIES
BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER
COUNTY. FLORIDA (PER FLORIDA STATUTES SECTION 731) WITH THE NORTHERLY
EXTENSION OF THE WESTSHORELINE OF THE INDIAN RIVER LAGOON, AND•RUN
SOUTHEASTERLY, ALONG SAID EXTENSION UNE, TO THE WEST SHORELINE OF THE
INDIAN RIVER LAGOON; •
THENCE RUN SOUTHEASTERLY, ALONG SAID WEST SHORELINE, TO ITS INTERSECTION
WITH THE CENTERLINE OF SEBASTIAN BOULEVARD (LABELED AS 'STREET'), LYING
BETWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT
BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;
THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD,
TO ITS INTERSECTION WITH THE CENTERLINE OF U.S.. HIGHWAY NUMBER ONE AND
THE CENTERLINE OF COUNTY ROAD 512 -EASTBOUND (ALSO KNOWN AS SEBASTIAN
BOULEVARD);
THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 512 -
EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512
WESTBOUND;
•
'THENCE RUN SOUTHWESTERLY. ALONG SAID CENTERLINE OF COUNTY ROAD 512 TO
ITS INTERSECTION WITH THE CENTERLINE OF LACONIA STREET (BEING THE WEST
LINE OF SEBASTIAN HIGHLANDS UNIT 8, ALSO BEING THE WEST UNE OF SECTION 13,
TOWNSHIP 31 SOUTH RANGE 38 EAST);
•
THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF LACONIA STREET, TO THE
NORTH LINE OF THE SOUTHWEST % OF SECTION 25 TOWNSHIP 31 SOUTH, RANGE 38
EAST (SAID POINT LYING ON THE SEBASTIAN CITY LIMITS LINE);
•
THENCE RUN EASTERLY, ALONG•THE SAID NORTH LINE OF THE SOUTHWEST % OF
SAID SECTION 25 (ALSO BEING THE SEBASTIAN CITY LIMITS LINE), TO A POINT LYING
860 FEET, MORE OR LESS, WEST OF THE CENTER OF SAID SECTION 25;
THENCE RUN SOUTHERLY, ALONG SAID SEBASTIAN CITY LIMITS LINE, TO THE NORTH
LINE OF THE 200 -FOOT WIDE SEBASTIAN RIVER WATER CONTROL DISTRICT DRAINAGE
EASEMENT (PER OFFICIAL RECORD BOOK 128, PAGE 704 OF THE PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA);
THENCE RUN SOUTHEASTERLY, ALONG SAID NORTH LINE (ALSO BEING THE
SEBASTIAN CITY LIMITS UNE), TO A POINT ON THE NORTH LINE OF THE SOUTHEAST 14
OF THE SOUTHWEST % OF SAID SECTION 25;
THENCE RUN EASTERLY, ALONG SAID NORTH UNE (ALSO BEING THE SEBASTIAN CITY
LIMITS LINE%.. TO THE NORTHEAST CORNER OF THE SOUTHEAST'/ OF THE
SOUTHWEST' OF SAID SECTION 25;
THENCE, LEAVING SAID SEBASTIAN CITY LIMITS LINE, RUN SOUTHERLY, ALONG THE
EAST LINE OF THE SOUTHWEST 34 OF SAID SECTION 25 (BEING THE EAST UNE OF THE
141PG578
EXHIBIT 'B"
75-FOOT WIDE SEBASTIAN RIVER WATER CONTROL DISTRICT DRAINAGE EASEMENT)
TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85" STREET);
THENCE RUN EASTERLY, ALONG SAID CENTERLIN4 OF SAID COUNTY ROAD 510, TO
THE INTERSECTION WITH THE CENTERLINE OF 68 AVENUE;
THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF BMT" AVENUE, TO ITS
INTERSECTION WITH THE CENTERLINE OF STATE ROAD 60 (ALSO KNOWN AS 201"
STREET)*
THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF STATE ROAD 60, TO ITS
INTERSECTION WITH THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY (PER
FLORIDA STATUTES SECTION 7.31), BEING THE DIVIDING LINE BETWEEN RANGES 34
AND 35 EAST
THENCE RUN NORTHERLY, STILL ALONG THE WEST BOUNDARY UNE OF INDIAN RIVER
COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 MST, TO A POINT ON
THE SOUTH LINE OF SECTION 31, TOWNSHIP 31 SOUTH, RANGE 35 EAST;
THENCE RUN WESTERLY STILL ALONG SAID WEST BOUNDARY LINE OF INDIAN RIVER
COUNTY (SAID UNE ALSO BEING THE SOUTH LINE OF SAID SECTION 31), TO THE
SOUTHWEST CORNER OF SAID SECTION 31;
THENCE RUN NORTHERLY, STILL. ALONG SAID WEST BOUNDARY UNE OF INDIAN RIVER
COUNTY, BEING THE DIVIDING UNE BETWEEN RANGES 34 AND 36 EAST, TO THE
NORTHWEST CORNER OF TOWNSHIP 31 SOUTH, RANGE 35 EAST;
THENCE RUN EASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER
COUNTY, ALONG THE DIVIDING LINE BETWEEN TOWNSHIPS 30 AND 31 SOUTH, TO THE
POINT WHERE SAID UNE INTERSECTS WITH THE THREAD OF THE SOUTH FORK OF THE
ST. SEBASTIAN RIVER,
THENCE RUN NORTHEASTERLY, ALONG THE NORTH BOUNDARY LINE OF INDIAN RIVER
COUNTY (ALSO BEING THE THREAD OF THE SOUTH FORK OF THE ST. SEBASTIAN.
RIVER), TO THE MAIN STREAM OF SAID ST. SEBASTIAN RIVER;
THENCE CONTINUE NORTHEASTERLY, ALONG THE NORTH BOUNDARY UNE OF INDIAN
RIVER COUNTY (BEING THE THREAD OF THE ST. SEBASTIAN RIVER), TO ITS
INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHORELINE OF THE
INDIAN RIVER LAGOON, AND THE POINT OF BEGINNING.
•
•
BK lid PG 579
COMMISSION DISTRICT NUMBER 2
LEGAL DESCRIPTION OF COUNTY COMMISSION -BOARD MEMBER RESIDENCE DISTRICT
NUMBER 2 (TWO) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING
BOUNDARIES:
BEGIN AT THE INTERSECTION OF THE NORTH BOUNDARY LINE OF INDIAN RIVER
COUNTY, FLORIDA (PER FLORIDA STATUTES 7.31) WITH THE NORTHERLY EXTENSION
OF THE WEST SHORELINE OF THE INDIAN RIVER LAGOON, AND RUN SOUTHEASTERLY,
ALONG SAID EXTENSION LINE, TO THE WEST SHORELINE OF THE INDIAN RIVER
LAGOON;
THENCE RUN SOUTHEASTERLY, ALONG SAID WEST SHORELINE, TO ITS INTERSECTION
WITH THE CENTERLINE OF SEBASTIAN BOULEVARD (LABELED AS "STREET'), LYING
BETWEEN BLOCKS 5 AND 7 OF THE PLAT OF EDGEWATER PARK RECORDED IN PLAT
BOOK 1, PAGE 23 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA;.
THENCE RUN SOUTHWESTERY, ALONG SAID CENTERLINE OF SEBASTIAN BOULEVARD,
TO ITS INTERSECTION WITH THE CENTERLINE OF U.S, HIGHWAY NUMBER 014E AND
THE CENTERLINE OF COUNTY ROAD 512 -EASTBOUND (ALSO KNOWN AS SEBASTIAN
BOULEVARD);
THENCE RUN SOUTHWESTERLY, ALONG SAID CENTERLINE QF COUNTY ROAD 512 -
EASTBOUND, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 512
WESTBOUND;
THENCE RUN SOUTHWESTERLY, ALONG THE CENTERLINE OF COUNTY ROAD 512 TO
ITS INTERSECTION WITH THE CENTERLINE OF LACONIA STREET (BEING THE WEST
LINE OF SEBASTIAN HIGHLANDS UNIT 81 ALSO BEING THE WEST UNE OF SECTION 13,
TOWNSHIP 31 SOUTH, RANGE 38 EAST);
THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF LACONIA STREET, TO THE
NORTH LINE OF THE SOUTHWEST' OF SECTION 25 TOWNSHIP 31 SOUTH, RANGE 38
EAST (SAID POINT LYING ON THE SEBASTIAN CITY LIMITS LINE);
THENCE RUN EASTERLY, ALONG THE SAID NORTH LINE OF THE SOUTHWEST % OF
SAID SECTION 25 (ALSO BEING THE SEBASTIAN CITY LIMITS LINE), TO A POINT LYING
660 FEET, MORE OR LESS WEST OF THE CENTER OF SAID SECTION 25;
THENCE RUN SOUTHERLY, ALONG SMD SEBASTIAN CITY LIMITS LINE, TO THE NORTH
LINE OF THE 200 -FOOT WIDE SEBASTIAN RNER WATER CONTROL DISTRICT DRAINAGE
EASEMENT (PER OFFICIAL RECORD BOOK 128, PAGE 704 OF THE .PUBLIC RECORDS OF
INDIAN RIVER COUNTY, FLORIDA);
THENCE RUN SOUTHEASTERLY, ALONG SAID NORTH UNE. (ALSO BEING THE
SEBASTIAN CITY LIMITS LINE), TO A POINT ON THE NORTH LINE OF THE SOUTHEAST %
OF THE SOUTHWEST % OF SAID SECTION 25;
THENCE RUN EASTERLY, ALONG SAID NORTH LINE (ALSO BEING THE SEBASTIAN CITY
LIMITS LINE), TO THE NORTHEAST CORNER OF THE SOUTHEAST Y OF THE
SOUTHWEST % OF SAID SECTION 25;
THENCE, LEAVING SAID SEBASTIAN CITY LIMITS LINE, RUN SOUTHERLY, ALONG THE
EAST LINE OF THE SOUTHWEST'/ OF SAID SECTION 25 (BEING THE EAST LINE OF THE
BK 141 PG 580
75 -FOOT WIDE SEBASTIAN RIVER WATER CONTROL DISTRICT DRAINAGE EASEMENT)
TO THE CENTERLINE OF COUNTY ROAD 510 (ALSO KNOWN AS 85' STREET);
THENCE RUN EASTERLY, ALONG THE CENTERLINE OF SAID COUNTY ROAD 510, TO THE
INTERSECTION WITH THE CENTERLINE OF 1319" AVENUE;
THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 66114 AVENUE, TO ITS
INTERSECTION WITH THE CENTERLINE OF 41" STREET (ALSO KNOWN AS SOUTH
GIFFORD ROAD); •
THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 413T STREET, TO ITS
INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY;
THENCE RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST
COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 45TH STREET (ALSO
KNOWN AS NORTH GIFFORD ROAD);
THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 45TM STREET, TO THE EAST
RIGHT-OF-WAY UNE OF GIFFORD DOCK ROAD (BEING THE EAST LINEOF SW % OF
SECTION 24, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALSO BEING THE BOUNDARY UNE
OF THE CITY LIMITS OF VERO BEACH);
THENCE RUN NORTHERLY, ALONG -SAID EAST LINE OF GIFFORD DOCK ROAD (BEING
THE BOUNDARY UNE OF THE CITY LIMITS OF VERO BEACH) TO ITS INTERSECTION
WITH THE SOUTH LINE OF GIFFORD DOCK ROAD (SAID POINT BEING WHERE GIFFORD
DOCK ROAD TURNS EAST):•
THENCE RUN NORTHEASTERLY, ALONG THE SOUTH LINE OF GIFFORD DOCK ROAD
(ALSO BEING THE BOUNDARY UNE OF THE LIMITS OF THE CITY OF VERO BEACH) TO
ITS INTERSECTION WITH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON;
THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER
LAGOON, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510;
THENCE RUN NORTHEASTERLY, ALONG SAID CENTERLINE OF COUNTY ROAD 510, TO
ITS INTERSECTION WITH THE CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD
STILL BEING COUNTY ROAD 510, AND ALSO KNOWN AS 93RD STREET);
THENCE RUN EASTERLY,. ALONG SAID CENTERLINE OF WABASSO BEACH. ROAD, TO ITS
INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN;
THENCE RUN NORTHWESTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE
ATLANTIC OCEAN, TO THE NORTH BOUNDARY UNE OF INDIAN RIVER COUNTY (PER
FLORIDA STATUTES 7.31);
THENCE RUN SOUTHWESTERLY, ALONG SAID NORTH UNE OF INDIAN RIVER COUNTY,
TO ITS INTERSECTION WITH THE NORTHERLY PROJECTION OF THE WEST SHORELINE
OF THE INDIAN RIVER LAGOON, AND THE POINT OF BEGINNING.
•
Bi{ 141 PG 581
COMMISSION DISTRICT NUMBER 3
LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT
NUMBER 3 (THREE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING
BOUNDARIES:
•
BEGIN AT THE. INTERSECTION OF THE CENTERLINE OF 86" AVENUE AND 4?' STREET
(ALSLO KNOWN AS SOUTH GIFFORD ROAD) AND RUN EASTERLY, ALONG SAID
CENTERLINE OF 41n STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF THE
FLORIDA EAST COAST RAILWAY*
THENCE RUN SOUTHEASTERLY, ALONG SMD CENTERLINE OF THE FLORIDA EAST
COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 12Th STREET;
THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF le STREET, TO ITS
INTERSECTION WITH THE CENTERLINE OF 12" AVENUE;
THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 12" AVENUE, TO ITS
INTERSECTION WITH THENORTH RIGHT-OF-WAY LINE OF 14' STREET (BEING THE
BOUNDARY OF THE LIMITS OF THE CITY OF VERO BEACH); •
THENCE RUN WESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE OF 14" STREET
(BEING THE BOUNDARY OF THE LIMITS OF THE CITY OF VERO BEACH), TO ITS
INTERSECTION WITH THE CENTERLINE OF 27" AVENUE (ALSO KNOWN AS EMERSON
AVENUE);
THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 27" AVENUE, TO ITS
INTERSECTION WITH THE CENTERLINE OF 1sT STREET SM. (ALSO KNOWN AS R.D.
CARTER ROAD);
THENCE RUN WESTERLY, ALONG SAID CENTERUNE OF 15T STREET S.W., TO ITS
INTERSECTION WITH THE CENTERLINE OF 5C" AVENUE (ALSO KNOWN AS KING'S
HIGHWAY);
•
THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF re AVENUE, TO ITS
INTERSECTION WITH THE SOUTH BOUNDARY UNE OF INDIAN RIVER COUNTY (PER
FLORIDA STATUTES 7.31), BEING THE TOWNSHIP LINE BETWEEN TOWNSHIPS 33 AND
34 SOUTH;
•
THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER
COUNTY, ALONG SAID DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO THE
SOUTHWEST CORNER OF THE BOUNDARY OF INDIAN RIVER COUNTY (BEING THE
DIVIDING LINE BETWEEN RANGES 35 AND RANGE 38 EAST);
THENCE RUN NORTHERLY ALONG THE BOUNDARY LINE OF INDIAN RIVER, COUNTY
(ALSO BEING THE DIVIDING LINE BETWEEN RANGES 35 AND 38 EAST), TO THE
NORTHEAST CORNER OF SECTION 1, TOWNSHIP 33 SOUTH RANGE 35 EAST;
THENCE RUN, STILL ALONG THE BOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG
THE TOWNSHIP LINE DIVIDING TOWNSHIPS 32 AND 33 SOUTH, RANGE 35 EAST TO THE
RANGE LINE DIVIDING RANGES 34 AND 35 EAST;
THENCE RUN NORTHERLY ALONG SAID RANGE LINE, STILL ALONG THE BOUNDARY
LINE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE CENTERLINE OF
STATE ROAD 80;
BK 141 PG 582
THENCE •RUN EASTERLY, ALONG SAID CENTERLINE OF STATE ROAD 80, TO ITS
INTERSECTION WITH THE CENTERLINE OF 88r1 AVENUE;
THENCE RUN NORTHERLY, ALONG SAID CENTERLINE: OF 88T" AVENUE, TO ITS
INTERSECTION WITH THE CENTERLINE OF 41m STREET (ALSO KNOWN AS SOUTH
GIFFORD ROAD), AND THE POINT OF BEGINNING.
•
BK 141 PG 583
COMMISSION DISTRICT NUMBER 4
LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT
NUMBER 4 (FOUR) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING
BOUNDARIES:
BEGIN AT THE INTERSECTION OF THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE
AND THE CENTERLINE OF le STREET AND RUN SOUTHEASTERLY, ALONG SAID
CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TQ ITS INTERSECTION WITH THE SOUTH
BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA•STATUTES 7.31). BEING THE
DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH;
THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER
COUNTY, •BEING THE•DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO ITS
INTERSECTION WITH THE CENTERLINE OF 59H AVENUE (ALSO KNOWN AS KING S
HIGHWAY);
THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN
NORTHERLY, ALONG SAID CENTERLINE OF se AVENUE, TO ITS INTERSECTION WITH
THE CENTERLINE OF 1iT STREET S.W. (ALSO KNOWN AS R.D. CARTER. ROAD)
THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 1ST STREET S.W., TO ITS
INTERSECTION WITH THE CENTERLINE OF 27TH AVENUE (ALSO KNOWN AS EMERSON
AVENUE);
THENCE.RUN NORTHERLY, ALONG SAID CENTERLINE OF el AVENUE, TO ITS
INTERSECTION WITH THE NORTH LINE OF THE SOUTH % OF THE NORTH % OF SECTION
11, TOWNSHIP 33 SOUTH, RANGE 39 EAST;
THENCE RUN EASTERLY, ALONG SAID NORTH UNE OF THE SOUTH % OF THE NORTH %
OF SECTION 11. TO ITS INTERSECTION WITH THE CENTERLINE OF 121" AVENUE;
THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 12" AVENUE, TO ITS
INTERSECTION WITH THE CENTERLINE OF 12TH STREET;
THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 1r STREET, TO ITS
INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE AND THE
POINT OF BEGINNING.
•
BK 141PG584
COMMISSION DISTRICT NUMBER 5
LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT
NUMBER 5 (FIVE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING
BOUNDARIES:
BEGIN AT THE INTERSECTION OF THE WEST SHORELINE OF THE INDIAN RIVER
LAGOON AND THE CENTERLINE OF COUNTY ROAD 510 AND RUN NORTHEASTERLY,
ALONG SAID CENTERLINE OF COUNTY ROAD 510 TO ITS INTERSECTION WITH THE
CENTERLINE OF WABASSO BEACH ROAD (SAID ROAD STILL BEING COUNTY ROAD 51Q
AND ALSO KNOWN AS 93"D STREET); •
THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WABASSO BEACH ROAD, TO•ITS
INTERSECTION WITH THE MEAN HIGH WATER UNE OF THE ATLANTIC OCEAN;
THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE
ATLANTIC OCEAN TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN
RIVER COUNTY (PER FLORIDA STATUTES 7.31) BEING THE DIVIDING LINE BETWEEN
TOWNSHIPS 33 AND 34 SOUTH;
•
THENCE RUN WESTERLY, ALONG SAID. SOUTH BOUNDARY UNE OF INDIAN RIVER
COUNTY, BEING THE DIVIDING LINE BETWEEN TOWNSHIPS. 33 AND 34 SOUTH, TO ITS
INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE;
THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN
NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS
INTERSECTION WITH THE CENTERLINE OF 12TH STREET;
THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 12TH STREET, TO ITS
INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY;
THENCE RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST
COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 45TH STREET (ALSO
KNOWN AS NORTH GIFFORD ROAD);
THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 45TH STREET, TO ITS •
INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF GIFFORD DOCK ROAD (BEING
THE EAST LINE OF THE SW % OF SECTION 24; TOWNSHIP 32 SOUTH RANGE 39 EAST)
THENCE RUN NORTHERLY, ALONG SAID EAST RIGHT-OF-WAY LINE OF GIFFORD DOCK
ROAD (AND THE EAST LINE OF THE SW % OFSAID SECTION 24, ALSO BEING THE
BOUNDARY LINE OF THE CITY LIMITS. OF VERO BEACH), TO ITS INTERSECTION WITH
THE SOUTH RIGHT-OF-WAY UNE OF GIFFORD DOCK ROAD (SAID POINT BEING WHERE
GIFFORD DOCK ROAD TURNS EAST);
•
THENCE RUN NORTHEASTERLY, ALONG SAID SOUTH UNE OF GIFFORD DOCK ROAD
(ALSO BEING THE BOUNDARY LINE OF THE LIMITS OF THE CITY OF VERO BEACH) TO
ITS INTERSECTION WITH THE WEST SHORELINE OF THE INDIAN RIVER LAGOON;
THENCE RUN NORTHWESTERLY, ALONG SAID SHORELINE OF THE INDIAN RIVER
LAGOON, TO ITS INTERSECTION WITH THE CENTERLINE OF COUNTY ROAD 510 AND •
THE POINT OF BEGINNING.
*14
BK 141 PG 5” 5
10. B . PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROM BRIAN HEADY REGARDING AN UPDATE ON
THE POSSIBLE SALE OF THE ELECTRIC UTILITY
Brian Heady announced that he was addressing the Board as a private citizen, not as a
City of Vero Beach Council Member. He requested that the Commissioners encourage their
constituents to vote "yes" on the November 8, 2011 Referendum on whether or not to allow the
City to lease its power plant site to FPL
10. C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS - NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. CONSIDERATION OF A REQUEST BY THE CITY OF FELLSMERE FOR
COUNTY PARTICIPATION IN AN APPLICATION FOR FUNDING UNDER
THE TRANSPORTATION INVESTMENT GENERATING ECONOMIC
RECOVERY (TIGER) RURAL COMMUNITIES GRANT PROGRAM
Phil Matson, Metropolitan Planning Organization (MPO) Director, provided background
on the City of Fellsmere's request for the County to contribute $100,000 in Parks and Recreation
Impact Fees towards the local matching share of the City of Fellsmere's Transportation
Investment Generating Economic Recovery (TIGER) rural communities federal grant
application. He conveyed that the grant funding will be used for construction and improvements
to the Trans -Florida Rail Trail, part of the MPO's North County Greenways Plan. Director
Matson explained that of the nearly 11 miles of unbuilt trail, over 4 miles or about 40% was in
KK 141PG586
October 18, 2011 34
the unincorporated County, and thus, staff recommended a match of $40,000, 40% of the City's
original $100,000 request.
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve the
contribution of $40,000 in Parks and Recreation Impact
Fees to be used toward the local matching share of the
City of Fellsmere's TIGER rural communities grant
application, as recommended in the memorandum of
October 11, 2011.
Jason Nunemaker, Manager, City of Fellsmere, advised that an additional item
regarding placement of a transit hub at Fellsmere's Brookside Historic Cemetery, might be
included in the grant application.
Chairman Solari addressed Bob Johnson's query about the possibility of using half of
the 40% funding for the County's Greenways Project.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously.
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
October 18, 2011 35
B1141PG587
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION NONE
12.L PUBLIC WORKS - NONE
12.J UTILITIES SERVICES
12..1.1. FINAL PAYMENT AND CHANGE ORDER No. 3 To IRC BID No. 2010024
TO TIM ROSE (TIMOTHY ROSE) CONTRACTING, INC. FOR
RECONCILL4TION OF PAY ITEMS AND NORTH COUNTY RO RAW WATER
PUMP AND PIPING PROJECT
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously: (1)
approved final payment to Timothy Rose Contracting, Inc.
(TRC), in the amount of $152,127.14; (2) approved and
authorized the Chairman to execute Change Order No. 3
with Timothy Rose Contracting in the amount of
$12,490.38; (3) found that the North County Reverse
Osmosis Raw Water Pump and Piping Project ("the
Project") is needed to accommodate new growth in the
County; (4) found that new growth will proportionately
benefit from the Project; and (5) approved the Project, all
as recommended in the memorandum of October 10,
2011.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
October 18, 2011 36
8 lidPG588
12.12. CHANGE ORDER No. 1 TO IRC BID No. 2011022 TO TIM ROSE
CONTRACTING, INC. FOR CONSTRUCTION OF BARRIER ISLAND
RECLAIMED WATER SYSTEM
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously: (1)
approved and authorized the Chairman to execute Change
Order No. 1 with Tim Rose Contracting, Inc. (TRC), in
the amount of $66,464.30; (2) found that the Barrier Island
•
Reuse Water Main Improvement & SR 510 Reuse Water
Main Improvements Project ("the Project") is needed to
accommodate new growth in the County; (3) found that
new growth will proportionately benefit from "the
Project"; and (4) approved the Project, all as
recommended in the memorandum of October 7, 2011.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
•
13. COUNTY ATTORNEY MATTERS
13.A. ELECTION OF CHAIRMAN AND VICE CHAIRMAN
Chairman Solari noted that this was a housekeeping matter. Pursuant to County Code,
the new Board officers would have been elected on November 22, 2011; however, due to the
holidays, there would be no meeting on that date, and the election of officers would be advanced
to the November 15, 2011 Board meeting.
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner Davis, the Board unanimously approved
to advance the election of the Board Chairman and Vice
October 18, 2011 37
{141PG589
Chairman to Tuesday, November 15, 2011, with the
results being effective on Tuesday, November 22, 2011,
as recommended in the memorandum of October 10,
2011.
13.B. REQUEST FOR PRIVATE ATTORNEY-CLIENT MEETING RELATING TO FVP
ML4MI LAKES V. INDIAN RIVER COUNTY
Attorney Polackwich elaborated on his request for a private Attorney -Client meeting to
seek the Board's input on a civil lawsuit filed by FVP Miami Lakes, LLC (successor/assignee of
Lennar Homes, LLC) that relates to impact fees paid in connection with the Tripson Estates and
Madera Isles projects. He suggested the Board schedule the meeting in conjunction with the
•
regularly scheduled Board meeting of November 15, 2011.
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Flescher, the Board unanimously
approved to schedule a private attorney-client meeting
relating to FVP Miami Lakes v. Indian River County, to
be held in connection with the regularly scheduled Board
meeting on November 15, 2011, as recommended in the
memorandum of October 12, 2011.
13. C. PROPOSED RESOLUTION SETTING FORTH THE BOARD'S POSITION ON THE
REFERENDUM QUESTION RELATING TO THE LEASING OF THE CITY'S
POWER PLANT SITE IN CONNECTION WITH THE POSSIBLE SALE OF THE
CITY ELECTRIC UTILITY
Attorney Polackwich provided background and description on the proposed Resolution
setting forth the Board's support for a "Yes ' vote on the referendum question on the November
October 18, 2011 38
141 P6 5.9.0
8, 2011 City of Vero Beach election ballot. He said that in accordance with the City Charter,
voters will be asked to approve the lease of the power plant site to Florida Power & Light, in
light of their possible purchase of the City's Electric Utility.
Chairman Solari noted that if the referendum is approved, it would allow continued
negotiations between the City and FPL
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve staff's
recommendation.
Commissioner O'Bryan mentioned that many voters were confused by the wording in the
referendum. They were uncertain if they were being asked to give the City the authority to lease
the property should that action become desirable, or if they were being asked to approve an
actual lease agreement (document) between the City and FPL He wondered if the County's
Resolution needed clarification.
After reviewing and discussing the issue with Attorney Polackwich, the Board consensus
was that the County's Resolution clearly defines the intent of the referendum question.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board approved
Resolution 2011-100, setting forth the Board's position
on the Referendum question scheduled for the November
8, 2011 election, relating to leasing of the City's Power
Plant site in connection with the possible sale of the City
Electric Utility.
October 18, 2011 39
BK 141 PG 591
14. COMMISSIONER ITEMS
14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE
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 D. O'BRYAN - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT
•
The Chairman announced that immediately upon adjournment of the Board of County
Commission Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately.
15.111. APPROVAL OF MINUTES MEETING OFAUGUST 16, 2011
15.B.2. APPROVAL OF MINUTES MEETING OF SEPTEMBER 6, 2011
BK 141 PG 592
October 18, 2011 40
15.B.3. AMENDMENT No. 2 TO WORK ORDER No. 29 TO GEOSYNTEC TO
IMPLEMENT THE FDEP APPROVED REMEDIAL ACTION PLAN
MODIFICATION AT THE FORMER SOUTH GIFFORD ROAD LANDFILL
15..8.4. FINAL PAY & RELEASE OF RETAINAGE TO GUETTLER BROTHERS, LLC
BID No. 2011027 FOR INDIAN RIVER COUNTY PHASE I SITE
PREPARATION FOR CELL 1 CONSTRUCTION
15.B.5. CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL
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 12:33
p.m.
October 18, 2011 41
8K 141PG5.93
ATTEST:
Jeffrey . arton Clerk Gary C. Wheeler, Chairman
(Clerk's Note: These minutes were signed by the current Chairman at the time of the
Board's approval.)
Minutes Approved: JAN 1 0 2012
BCC/MG/2011 Minutes
October 18, 2011 42
BK 141 PG 594