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Home My WebLink About10/18/2011 (5) MINUTES ATTACHED BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA Omni TUESDAY, OCTOBER 18 , 2011 - 9 : 00 A.M. County Commission Chamber Indian River County Administration Complex 180127 Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov. com COUNTY COMMISSIONERS Bob Solari, Chairman District 5 Joseph A. Baird, County Administrator Gary C . Wheeler, Vice Chairman District 3 Alan S . Polackwich , Sr. , County Attorney Wesley S . Davis District 1 Jeffrey K. Barton, Clerk to the Board Joseph E . Flescher District 2 Peter D . O ' Bryan District 4 PAGE 1 . CALL TO ORDER 9 : 00 A.M. 2 . INVOCATION Reverend Steve Jones , Vero Christian Church 3 . PLEDGE OF ALLEGIANCE 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 1 B . Presentation of Proclamation Designating the Month of October as National Arts and Humanities Month2 8K 14 1 PG 546 October 18, 2011 Page 1 of 7 , 1 1 5• 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 Brunjes , External Affairs Manager, Florida Power and Light ; and Max Macon, Regional Manager — Customer Service Field Operations , Florida Power and Light 6• APPROVAL OF MINUTES None 7• 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 I1 2011 ) g• CONSENT AGENDA A. Approval of Warrants and Wires — October 1 , 2011 to October 6, 2011 (memorandum dated October 6 , 2011 ) - - - - - - 543 Be Approval of Wires — September 30, 2011 - (memorandum dated September_ 30 , 2011 ) 14- 15 co Mitigation for taking of wetlands associated with the bridge replacement at 4th Street and 82n 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 ) 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 141 PG 5 4 7 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 ) 4 & 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 ) 6647 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 ) 98400 - - - - - - - - 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 ± 900 feet South of C . R. 510 and East of 46th Avenue and U . S . # 1 , From M4 , Medium-Density Residential- 1 (up to 8 units/acre) , to C/l , 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 M4 , 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 14 j PG 4 October 18, 2011 Page 3 of 7 IMMUNE 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 - - 142480 Legislative - - - - - - - - - - - - 3 . Final Public Hearing and Discussion of 2011 Redistricting of County Commissioner Districts (memorandum dated October 12 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - �- - - - - - - )- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 181 - 193 - - Legislative Be PUBLIC DISCUSSION ITEMS L Request to Speak from Brian q p Heady Regarding an update on the possible sale of the electric utility ( _ e-mail dated October. 9 , 2011_ - ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 194 - - C. PUBLIC NOTICE ITEMS None 11 . COUNTY ADMINISTRATOR MATTERS None 12 . DEPARTMENTAL MATTERS A• Community Development L Consideration of a Request by the City of Fellsmere for County Participation in an Application for Funding under the Transportation Investment Generating Economic Recovery LL (TIGER) Rural Communities Grant Program (memorandum dated October 11 2011 - - - - - - - - - - - - - - - - 195499 Be Emer2ency Services None C , General Services None K 141 PG 34ca October 18, 2011 Page 4 of 7 12 . DEPARTMENTAL MATTERS PAGE D, Human Resources None E , Human Services None F, Leisure Services None G, Office of Management and Budget None H, Recreation None L 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Be Request for Private Attorney- Client Meeting Relating to FVP Miami Lakes v . Indian River County (memorandum dated October 12 , 2011 ) 229 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 81% 141 PG 550 October 18 , 2011 Page 5 of 7 1 t 13 . COUNTYATTORNEY MATTERS 1 PAGE Co 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 Be Commissioner Gary C , Wheeler, Vice Chairman None Co Commissioner Wesley So Davis None D . Commissioner Joseph E. Flescher None E . Commissioner Peter D . O ' Bryan None 15. SPECIAL DISTRICTS AND BOARDS A. Emergencv Services District None Be Solid Waste Disposal District 1 . Approval of Minutes Meeting of August 16 , 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 Br{ 141PG51 October 18, 2011 Page 6 of 7 15 . SPECIAL DISTRICTS AND BOARDS PAGE Be 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 20 1J ) 252-259 5. Construction & Demolition Debris Recycling at IRC Landfill (memorandum dated October 6 2011 ) 260 -264 co 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) 2264223 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, andSaturday at 12: 00 Noon to 5: 00 . m. BK 141 PG 552 October 18, 2011 Page 7 of 7 JEFFREY K . BARTON Clerk to the Board '2ox1oA INDEX TO MINUTES OF REGULAR MEETING OF BOARD OF COUNTY COMMISSIONERS OF OCTOBER 18 , 2011 1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 29 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 as . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 un 141 PG 553 October 18 , 2011 1 T INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARDACTION . . 6 6 a 0 0 0 0 0 6 0 6 a & a 4 0 0 0 0 0 8 0 a 9 a 0 0 0 a 0 0 0 0 a a 6 a 0 0 9 9 0 0 0 a 0 a 0 0 * 6 0 & 0 0 a 0 4 0 0 0 0 9 0 a a a a 0 0 0 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 1 8 . 13 . APPROVAL OF WIRES SEPTEMBER 30 , 2011 10 8 . C . MITIGATION FOR TAKING OF WETLANDS ASSOCIATED WITH THE BRIDGE REPLACEMENT AT 4T" 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 10329 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 . . . . . . . Nam @Moto * * me * @@ 8 * 0 Do@ Dome * memo * @ * 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 . 1-1 . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 8 . J . IRC BID NO . 2011052 INTERACT PUBLIC SAFETY AGREEMENT 14 S . K . APPROVAL OF RENEWAL OF THE 800 MHZ COMMUNICATIONS SYSTEM INFRASTRUCTURE MAINTENANCE CONTRACT WITH COMMUNICATIONS INTERNATIONAL , INC . 0 6 a a a a 6 a 0 * 0 0 a a a 0 p a a 0 8 a 0 0 a 0 a 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 Du 141 PG 554 October 18 , 2011 2 I O . A . It 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 — I (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 — I (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 I0 . A . 2 . COUNTY INITIATED REQUEST TO AMEND THE TEXT OF SEVERAL ELEMENTS AND SUB — ELEMENTS OF THE COUNTY ' S COMPREHENSIVE PLAN (LEGISLATIVE ) . 09 . . . 20 10 . A . 3 . FINAL PUBLIC HEARING AND DISCUSSION OF 2011 REDISTRICTING OF COUNTY COMMISSIONERDISTRICTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 10 . B . PUBLIC DISCUSSION ITEMS . . . . mom * ffiessomooss 0060 * 04 mosses memo seen am sets 0 owed Mae moos Oman * names seagoofool 34 IO . B . I . REQUEST TO SPEAK FROM BRIAN HEADY REGARDING AN UPDATE ON THE POSSIBLE SALE OF THE ELECTRIC UTILITY * 6 0 v 0 a a a 0 a 0 a 0 a 0 0 8 a a a 9 a 0 0 0 6 a 1 0 9 a a a 9 m 0 p 0 a a a 0 0 1 a a a a 0 0 a 0 6 0 a a 6 9 a 034 10 . C . PUBLIC NOTICE ITEMS at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 11 . COUNTY ADMINISTRATOR MATTERS an . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . 13 . EMERGENCY SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . C . GENERAL SERVICES — NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . D . HUMAN RESOURCES as NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 1 2 . E . HUMAN SERVICES — NONE * 35 vK 141 PG 555 October 18 , 2011 3 �l 12 . F . LEISURE SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 12 . G . OFFICE OF MANAGEMENT AND BUDGET - NONE36 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 1 ITEMS AND NORTH COUNTY RO RAW WATER PUMP AND PIPING PROJECT . . . . . . . . . . . . . . . 36 12 . J . 2 . CHANGE ORDER NO . 1 TO IRC BID NO . 2011022 TO TIM ROSE CONTRACTING , INC . FOR CONSTRUCTION OF BARRIER ISLAND RECLAIMED WATER SYSTEM . . . . . . . . . . . . 37 x 13 . COUNTY ATTORNEY MATTERS 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 . 13 . 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 B 141 PG 556 October 18 , 2011 4 i 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4I 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 I CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 MOLITION DEBRIS RECYCLING AT IRC LANDFILL . . . . . . . . . . . . . . . . . . 41 15 . B . 5 . CONSTRUCTION & DE 15 . C . ENVIRONMENTAL CONTROL BOARD - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 16 . ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 14 ! PG 557 October 18 , 2011 5 M �• rs T. JEFFREY K. BARTON Clerk to the Board �toxtoA 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, Vera 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 . 141 PG 558 October 18 , 2011 6 4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS - NONE i 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 5 ' grade student from Osceola Magnet School provided background g � P g 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 . BK 141 PG 559 October 18 , 2011 7 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 45TH ANNIVERSARY OF THE FLIGHTiSAFETY ACADEMY IN INDL4N RIVER COUNTY Vice Chairman Wheeler read and presented the Proclamation to Dan Greenhill , FlightSafety Academy Center Manager, and another representative (unnamed) of the Academy . 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 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 . 5 6 0 October 18 , 2011 8 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 8K 14 1 PG 5 6 J 7.A. DEFENSE FEES AND EXPENSES IN FVP M14MI LAKES LLC V. INDL4N 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 , kov 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 . { 141 PG 562 October 18 , 2011 10 8. C. MITIGATION FOR TAKING of WETLANDS ASSOCL4TED WITH THE BRIDGE REPLACEMENT AT 4TH STREET AND 82" A VENUE 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 861h Avenue in Sebastian, more commonly referred to as the St. Sebastian River Buffer Preserve Area 2 ) , O 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 PRojECTNo 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 8K 141 PG 563 October 18 , 2011 11 F W 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. MISCELLANEO US B UDGET 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 . ON 141 PG 564 October 18 , 2011 12 3 a a j 8. G. FINAL PAY TO AmNS FOR CUP ACQUISITION, DESIGN AND CONSTRUCTION SERVICES OF THE NORTH COUNTY RO WATER ' TREATMENT PLANT WELL EXPANSIONPROJECT 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 1 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 — WO#17. SECTOR 7 BEACH RESTORATION PROJECT — POST CONSTRUCTIONMONITORING 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 . 6K 141 PG S 6 5 October 18 , 2011 13 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 SAFETYAGREEMENT 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 . Bid 14 PG 566 October 18 , 2011 14 ) ;g 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 . 8. L. AUmmzATIONFOR 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 14 1 PG 5 6 7 „v 10 . PUBLIC ITEMS 10.A. PUBLIC HEARINGS 10.A. 1 . ORCHID QUAY, LLC, TC PROPERTY VENTURE, . LLC; AND WILLIAM HUNTER RE UEST: 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 A VENUE AND U. S. #1 , FROM M4 , MEDIUM-DENSITY RESIDENTIAL-1 (UP TO 8 UNITS/ACRE) , TO CII, 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, COMMERCIALIINDUSTRML, TO M4 , MEDIUM DENSITYRESIDENTL4L - I (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 CA, COMMERCL4L AND INDUSTRIAL, TO L-2, LOW DENSITY RESIDENTL4L4 (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 . BK 141 PG 568 October 18 , 2011 16 ._l Subject Property 1 Subject Property 2 Subject Property 3 (Part of the overall site of (Part of the overall site of (Part of High Point the former Bristol Bay the former Bristol Bay Planned Development project) project) Project) Owner Orchid Quay, LLC Orchid Quay, LLC TC Property Venture, and William Hunter LLC Current Land Use Medium Density Commercial Industrial Commercial Industrial Designation Residential- 1 (M4 ) (C/I) (C/I) Proposed Land Use Commercial Industrial Medium Density Low Density Designation (C/I) Residential — 1 (M- 1 ) Residential — 2 (L-2) Current Zoning ± 28 . 30 acres Multi- ± 6 . 02 acres General Planned Development Family Residential Commercial District District (PD) District (RM- 6) and ± (CG) and ± 3 . 19 acres 0 . 26 acres Single- Office, Commercial Family Residential and Residential District (RS -6) District (OCR) Proposed Zoning General Commercial Multi-Family No Zoning Changes District (CG) Residential District (RM- 6) Concluding his review, Director Keatingproffered the recommendations of the P 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. of' October 18 , 2011 1 '7 Uft ' 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 project ' 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 Florida 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. rBK 141 PG 570 October 18 , 2011 18 41 Commissioner O ' Bryan asked what would happen at the CR510 and US 1 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 . 14PG 571 October 18 , 2011 19 I 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 intentioij 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 %boot 8K 141 PG 572 October 18 , 2011 20 i 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 rr 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 14 1 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 141 PG 5 7 October 18 , 2011 22 RESOLUTION 2011 - 0,99 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 Board of County Commissioners shall 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 various locations 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, BE 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. BK 141 PG 575 RESOLUTION 2011 - pgg 3 . 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 o ' Bryan , and the motion was seconded by Commissioner Wheeler , and, upon being put to a vote, the vote was as follows : Chairman Bob Solari Aye Vice Chairman Gary C . Wheeler Aye Commissioner Wesley S . Davis Aye Commissioner Joseph E. Flescher• Aye Commissioner Peter D . O' Bryan Ajrp The Chairman thereupon declared the resolution duly passed and adopted this ]L 8 _ day of October , 2011 . BOARD OF COUNTY COMMISSIONERS , INDIAN RIVER COUNTY, FLORIDA ..Out 73e.3000 -By .• � . !YF Bob Solari, Chairman Attest : J . KLrk Approved as to form and legal suf i bney : ti rQ B too � *. Alan S . P hekwich Sr. , County Attorney '° • " "'�'� Deputy Clerk � y 8K 141 PG 576 t ' f 04 ~Vv'G`r COUNTY COMMISSIONER DISTRICTS M As INDIAN RIVER COUNTY, FLORIDA =r ADOPTED 10/18=11 f) Cti A N - i '{ { � ,A W�E o , Orchid _ _i i -,•-�—== •-,,r a,: � ,. � _1 it�_ IZ r rn 3: Biwa Cypress Lits '\. r kldiEnM[rir OWN F : 1 om� � . i1t i rJ �� +' Itis _' ��,�. h y OKEEC14 SEE COUNTY J \� NWP L 3 . w munkod 1 .� 1 sovowaMi imp J N . STs LUCIE COUNTY map Doc W"ml t C� COMMISSION DISTRICT NUMBER 1 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NLIMBER 1 (ONE) SHALL BE ALL OF THE TERRITORY WITHIN THE FOLLOWING BOUNDARIES: BEGIN AT THE INTERSECTION OF THS NORTH BOUNDARY LINE OF INDIAN RIVER COUNTY, FLORIDA (PER FLORIDA STATUTES SECTION 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 'STREETJ, 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 RIVED 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 CENTERL:INE 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 Is, ALSO BEING THE WEST LINE OF SECTION 13, TOWNSHIP 31 SOUTH, RANGE= 36 EAST); THENCE RUN SOUTHERLY. ALONG SAID CENTERLINE OF LACONIA STREET, TO THE NORTH LINE OF THE SOUTHWEST % OF SECTION. 26, 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 Y 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 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 LINE), TO A POINT ON THE NORTH LINE OF THE SOUTHEAST Y4 OF THE SOUTHWEST y 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 '/ OF THE SOUTHWEST Vo OF SAID SECTION 26; 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 141 PG 578 EXHIBIT " B " : 75•FOOT WIDESEBASTIAN RIVER WATER CONTROL DISTRICT DRAINAGE EASEMENT) TO THE CENTERLINE OF COUNTY ROAD 310 (ALSO KNOWN AS Be STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLIN OF SAID COUNTY ROAD 510, TO THE INTERSECTION WITH THE CENTERLINE OF 68" AVENUE; THENCE RUN SOUTHERLY ALONG THE SBeSAID CENTERLINE OF 8d AVENUE, TQ ITS INTERSECTION WITH THE CENTERLINE OFESTATE ROAD 80 (ALSO KNOWN AS 20TH S'T'REET}; THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF STATE ROAD W, TO ITS INTERSECTION WITH THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES SECTION 731 ), BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 EAST; THENCE RUN NORTHERLY, STILL ALONG THE WEST BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN RANGES 34 AND 35 LAST, 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 LINE 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 LINE BETWEEN RANGES 34 AND 35 EAST, TO THE NORTHWEST CORNER OF TOWNSHIP 31 SOUTH, RANGE 35 EAST, THENCE RUN EASTERLY, ALONG THE NORTHbBOUNDARY LINE OF INDIAN RIVER COUNTY, ALONG THE DIVIDING LINE BETWEEN TOWNSHIPS 30 AND 31 SOUTH. TO THE POINT WHERE SAID LINE 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 LINE OF INDIAN RIVER COUNTY (BEING THE THREAD OF TH9 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 141 PG 579 j I 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 W 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 51ZEASTBOUND (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 THE 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 LINE 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 560 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 2WFOOT 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 LINE. (ALSO BEING THE SEBASTIAN CITY LIMITS LINE), TO A POINT ON THE NORTH LINE OF THE SOUTHEAST '/ OF THE SOUTHWEST Y+ 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 Y4 OF SAID SECTION 25; THENCE, LEAVING SAID SEBASTIAN CITY LIMITS LINE, RUN SOUTHERLY, ALONG THE EAST LINE OF THE SOUTHWEST '/ OF SAID SECTION 26 (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 95T STREET), THENCE RUN EASTERLY, ALONG THE CENTERLINE OF SAID COUNTY ROAD 510, TO THE INTERSECTION WITH THE CENTERLINE OF 6e AVENUE, THENCE RUN SOUTHERLY, ALONG THE SAID CENTERLINE OF 6e AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 41st STREET (ALSO KNOWN AS SOUTH GIFFORD ROAD), THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 41sT 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 45T" STREET (ALSO KNOWN AS NORTH GIFFORD ROAD), THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 4e STREET, TO THE EAST RIGHT-OF-WAY LINE OF GIFFORD DOCK ROAD (BEING THE EAST LINEmOF SW '/, OF SECTION 24, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ALSO BEING THE BOUNDARY LINE OF THE CITY LIMITS OF VERO BEACH); THENCE RUN NORTHERLY, ALONG`SAID EAST LINE OF GIFFORD DOCK ROAD (BEING THE BOUNDARY LINE 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 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; 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 93R0 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 LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31 ); THENCE RUN SOUTHWESTERLY, ALONG SAID NORTH LINE 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, BK 141 PG 58 IN 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 Qtly AVENUE AND 413T STREET (ALSLO KNOWN AS SOUTH GIFFORD ROAD) AND RUN EASTERLY, ALONG SAID CENTERLINE OF 416T STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN SOUTHEASTERLY, ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY, 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 12TH AVENUE; THENCE RUN NORTHERLY, ALONG SAID CENTERLINE OF 12TH AVENUE, TO ITS INTERSECTION WITH THEINORTH RIGHT-OF-WAY LINE OF 10 STREET (BEING THE BOUNDARY OF THE LIMITSOF THE CITY OF VERO BEACH); THENCE RUN WESTERLY, ALONG SAID NORTH RIGHT-OF-NAY LINE OF 14TH STREET (BEING THE BOUNDARY OF THE LIMITS OF THE CITY OF VERO BEACH), TO ITS INTERSECTION WITH THE CENTERLINE OF 27TH AVENUE (ALSO KNOWN AS EMERSON AVENUE); THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 27" AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF IST STREET S.W. (ALSO KNOWN AS R. D. CARTER ROAD); THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF 1sT STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF SMITH AVENUE (ALSO KNOWN AS KING'S HIGHWAY); THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF Se AVENUE, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE 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 WAND 34 SOUTH, TO THE SOUTHWEST CORNER OF THE BOUNDARY OF INDIAN RIVER COUNTY (BEING THE DIVIDING LINE BETWEEN RANGES 35 AND RANGE 36 EAST); THENCE RUN NORTHERLY. ALONG THE BOUNDARY LINE OF INDIAN RIVER, COUNTY (ALSO BEING THE DIVIDING LINE BETWEEN MANGES 33 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 UNE OF INDIAN RIVER COUNTY, TO ITS INTERSECTION WITH THE CENTERLINE OF STATE ROAD Wl BK 141 PG 582 f t'^1 QJ- ul 5 H N O 0 LL!" Z 00 - �i F i y LLLILJ o OZ w W ?. j! z < IX0 H LU n a Z ti!Z (�tu 0 00 0 w tt� t!! � Z (NO)� Zu � W ZW ° H w iE IM � iE Ul _ F = � � o . y owmaz .9Z zzQ z ° foo wui WtfW} OC 2 o W "' WL" U COMMISSION DISTRICT NUMBER 4 LEGAL DESCRIPTION OF COUNTY COMMISSION BOARD MEMBER RESIDENCE DISTRICT NUMBER (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 127H STREET AND RUN SOUTHEASTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, 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 LINE OF INDIAN RIVER COUNTY, •BEING THE ,DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO ITS INTERSECTION WITH THECENTERLINE OF 58TH AVENUE (ALSO KNOWN AS KING'S ,HIGHWAY); THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHERLY* ALONG SAID CENTERLINE OF 5e AVENUE, TO ITS INTERSECTION WITH THE CENTERLINE OF 1*7 STREET S.W. (ALSO KNOWN AS R.D. CARTER ROAD), THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF I " STREET S.W., TO ITS INTERSECTION WITH THE CENTERLINE OF 27TH AVENUE (ALSO KNOWN AS EMERSON AVENUE); THENCEORUN NORTHERLY, ALONG SAID CENTERLINE OF 277" AVENUE, TO ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTH % OF THE NORTH % OF SECTION 11 , TOWNSHIP 33 SOUTH, RANGE 38 EAST, THENCE RUN EASTERLY, ALONG SAID NORTH UNE OF THE SOUTH % OF THE NORTH % OF SECTION 11 . TO ITS INTERSECTION WITH THE CENTERLINE OF 12TH AVENUE, THENCE RUN SOUTHERLY, ALONG SAID CENTERLINE OF 12TH AVENUE, TO ITS INTERSECTIONWITH THE CENTERLINE OF 12TH STREET; THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF 1274 STREET, TO ITS . INTERSECTION WITH THE CENTERLINE OF U.S. HIGHWAY NUMBER ONE, AND THE POINT OF BEGINNING. 141 PG 584 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 $10, AND ALSO KNOWN AS 03RD STREET); THENCE RUN EASTERLY, ALONG SAID CENTERLINE OF WABASSO BEACH ROAD, TOTTS INTERSECTION WITH THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; tI THENCE RUN SOUTHEASTERLY, ALONG SAID MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN, TO ITS INTERSECTION WITH THE SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY (PER FLORIDA STATUTES 7.31) BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH; THENCE RUN WESTERLY, ALONG SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, BEING THE DIVIDING LINE BETWEEN TOWNSHIPS 33 AND 34 SOUTH, TO ITS If INTERSECTION WITH THE CENTERLINE OF U:S, HIGHWAY NUMBER ONE; THENCE, LEAVING SAID SOUTH BOUNDARY LINE OF INDIAN RIVER COUNTY, RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF U.S. HIGHWAY NUMBER ONE, TO ITS INTERSECTION WITH THE CENTERLINE OF 12'" STREET; THENCE RUN WESTERLY, ALONG SAID CENTERLINE OF SIP STREET, TO ITS INTERSECTION WITH THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY; THENCE RUN ' NORTHWESTERLY$ ALONG SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY, TO ITS INTERSECTION WITH THE CENTERLINE OF 4e 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-0FmJWAY LINE OF GIFFORD DOCK ROAD (AND THE EAST LINE OF THE SW V4 OF• SAID SECTION 24, ALSO BEING THE BOUNDARY LINE OF THE CITY LIMITS OF VERO BEACH). TO ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF GIFFORD DOCK ROAD (SAID POINT BEING WHERE GIFFORD DOCK ROAD TURNS EAST); THENCE RUN NORTHEASTERLY, ALONG SAID SOUTH LINE OF GIFFORD DOCK ROAD (ALSO BEING THE BOUNDARY LINE OF THE LIMITS OF THE CITY OF VERO BEACH) TO ITS INTERSECTION WITH THE WEST SHORELIN15 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 , BK 14 I PG 585 At 10. B. PUBLIC DISCUSSIONITEMS 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. COIVIMUNITYDEVELOPMENT 12 A 1 CONSIDERATION OF A RE UEST 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 8K 141 PG 586 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 . 12A EMERGENCYSERVICES - NONE 12. C. GENERAL SERVICES - NONE I 12. D. HUMANRESOURCES - NONE 12. E. HUMANSER VICES - NONE 12. F. LEISURE SERVICES - NONE BK 141 PG 587 October 18 , 2011 35 k 12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE 12. H. RECREATION - NONE 12.L PUBLIC WORxs - 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 R 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 $ 125490 . 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 , 20110 CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD 8u 141 PG 588 October 18 , 2011 36 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 . I 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 CHAIRMANAND 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 MR, 141 PG 5 8 9 we 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. 8. REQUEST FOR PRIVATE ATTORNEY- CLIENT MEETING RELATING TO FVP MmmiLAKES V. INDIANRIVER 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 . kw 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 Pull 14 , Ps 5 9 0 October 18 2011 38 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 . r MOTION WAS MADE by Commissioner Flescher, SECONDED by Commissioner Davis , to approve staff s recommendation. Commissioner O ' Br an mentioned that man voters were confused b the wording in the Y Y Y g 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. Ir The Chairman CALLED THE QUESTION, and the Motion carried unanimously . The Board approved Resolution 2011400 , 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 . UK October 18 , 2011 39 141 PG 591 14 . COMMISSIONER ITEMS 14.A. COMMISSIONER BOB SOLARI, CHAIRMAN - NONE 14. 8. COMMISSIONER GARY C. WHEELER VICE CHAIRMAN - NONE 14. C. COMMISSIONER WESLEY S. DAVIS - NONE 14. D. COMMISSIONER JOSEPHE. FLESCHER = NONE 14.E. COMMISSIONER PETER D. 0TRYAN - NONE 15 . SPECIAL DISTRICTS AND BOARDS 15A EMERGENCY SER VICES DISTRICT - NONE 15A 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. 15AL APPROVAL OFMINUTES MEETING DFA UGUST 16. 2011 15. R2. APPROVAL OFMINUTES MEETING OFSEPTEMBER 6. 2011 BK 14 ! PG 592 October 18 , 2011 40 15. B. 3. AMENDMENT NO. 2 TO WORK ORDER NO. 29 TO GEOSYNTEC TO IMPLEMENT THE FDEP APPROVED REMEML ACTION PLAN MODIFICATION AT THE FORMER SOUTH GIFFORD ROAD LANDFILL 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 ,,i 15. B. 5. CONSTRUCTION & DEMOLITION DEBRIS RECYCLING AT IRC LANDFILL i a 15. 0 ENVIRONMENTAL CONTROL BOARD — NONE R 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 ,i ; k 16 . ADJOURNMENT There being no further business , the Chairman declared the meeting adjourned at 12 : 33 P . me b x October 18 , 2011 41 8K 141 P 5 9 3 it ATTEST : Jeffrey arton, Clerk Gary C . Itheeler, 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 914 141 PG 5 9 4 October 18 , 2011 42