HomeMy WebLinkAbout05/17/2011 (6) MINUTES ATTACHED
BOARD OF COUNTY
COMMISSIONERS
- +J C '� INDIAN RIVER COUNTY , FLORIDA
COMMISSION AGENDA
`` 5 � ► '! TUESDAY , MAY 17 , 2011 - 9 : 00 A . M .
x y. l
., � %� County Commission Chamber
It F Indian River County Administration Complex
180127 "' Street Building A
Vero Beach , Florida , 32960 -3388
Working Copy 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
1 . CALL TO ORDER 9 : 00 A . M . PAGE
2 . INVOCATION Jeffrey R . Smith ,
Chief Deputy Clerk of Circuit Court
3 . PLEDGE OF ALLEGIANCE Commissioner Wesley S . Davis
4 . ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS
5 . PROCLAMATIONS and PRESENTATIONS
A . Presentation by Students Working Against Tobacco Urging Tobacco
Retailers to Stop the Sale of Flavored Tobacco in Indian River County
Be Presentation of Proclamation Designating May 15 through May 21 , 2011 as
Emergency Medical Services Week in Indian River County 1
- - - - - - - - - - - -
May 17 , 2011 Page I of 6
5 . PROCLAMATIONS and PRESENTATIONS PAGE
Ce Presentation of Proclamation Designating the Month of May as Foster Parent
Appreciation Month2
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D . Presentation by Barbara Schlitt Ford, Executive Director of Youth Guidance ,
Announcing 34 `x' Annual Tropical Night Luau to Benefit Youth Guidance
Mentoring and Activities Program
69 APPROVAL OF MINUTES
A. Regular Meeting of April 12 , 2011
7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT
REQUIRING BOARD ACTION
A. Resignation of the Engineer Appointee to the Environmental Control
Hearing Board
(memorandum dated May 11 , 2011 ) 3 -4
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8 . CONSENT AGENDA
A . Approval of Warrants and Wires , April 29 , 2011 to May 5 , 2011
(memorandum dated May 5 , 2011 ) 5 - I1
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Be Lease Extension, Little Mermaid Car Wash , 1935 43 `d Avenue , Timothy E .
and Joshana Tynes , 43 `d Avenue/SR60 Intersection Widening and
Improvements
(memorandum dated April 27 , 2011 ) 12 - 18
Ce Amendment No . 2 to Work Order No . 1 — G . K . Environmental , Inc . , Oslo
Road Boat Ramp , IRC Project No . 0381
(memorandum dated May 6 , 2011 ) 19 - 24
D . Work Order No . 1 — Masteller, Moler, Reed and Taylor, Inc . , North County
Trans Florida Rail Corridor from 104 `x' Avenue to Sebastian River Middle
School , IRC Project No . 0923B
(memorandum_ dated May_ 9 , 2011) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - -25 - 35
E . Work Order No . I — Indian River Survey , Inc . , 8 "' Street ( Glendale Road)
Route Survey from 58 "' Avenue to 20`x' Avenue , IRC Project No . 1049
(memorandum_ dated May 9 , 2011 ) 36 -46
Fe E911 State Grant Application
(memorandum_ dated May 10 , 2011 ) 47 - 56
May 17 , 2011 Page 2 of 6
8 . CONSENT AGENDA PAGE
G . Board Consideration to Approve a Second Revised Conservation Easement
for the North Shore Club Preliminary PD Plan/Plat
(memorandum dated May 9 , 20.11 ) 57 - 73
9 . CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES
None
10 . PUBLIC ITEMS
A. PUBLIC HEARINGS
L Pain Management Clinic Ordinance
(memorandum dated May 11 , 2011 ) 74 - 89
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Legislative
Be PUBLIC DISCUSSION ITEMS
None
C . PUBLIC NOTICE ITEMS
None
11 . COUNT' ADMINISTRATOR MATTERS
None
12 . DEPARTMENTAL MATTERS
A• Community Development
1 . Consideration of Establishing Fees for Pain Management Clinic
Permits and Related Appeals
(memorandum dated May 4 , 2011 ) 90 - 96
- - - - - - - - - - - - - - - - - - - - - - - - -
2 . Request to Enter Into an Intermodal Program Supplemental Joint
Participation Agreement (JPA) with the Florida Department of
Transportation for Improvements to Aviation Boulevard
(memorandum_ dated May_ 10 , 201 l ) 97 - 112
- - - - -
Be Emergency Services
None
May 17 , 2011 Page 3 of 6
12 . DEPARTMENTAL MATTERS PAGE
Ce General Services
None
D , Human Resources
None
E , Human Services
None
F, Leisure Services
None
G , Office of Manallement and Budlzet
None
He Recreation
None
10 Public Works
None
J, Utilities Services
1 . Recommendations of Improvements Outlined in Odor Control
Study Final Report
(memorandum dated May 4 , 201 1 -) 113 - 127
2 . Implementation Schedule for Merger and Acquisition of City of
Vero Beach Utility System
(memorandum dated May 10 , 2011 ) 128 - 129
13 . COUNTY ATTORNEY MATTERS
A . Response to Offer for Purchase of Former Sun Sky Roofing Parcel
(memorandum dated May 10 , 2011 ) 130 - 147
Be Payment Agreement for Required Improvements Constructed by DiVosta
Homes , LP
(memorandum dated May 10 , _ 201.1 ) - - - - - - - - - - - - - - - 148 - 156
May 17 , 2011 Page 4 of 6
13 . COUNTY ATTORNEY MATTERS PAGE
C . Hiring Outside Counsel to Defend the County in FVP Miami Lakes v .
Indian River County
(memorandum dated May 10 , 2011 ) 157 - 160
D . Dodgertown Property Swap — Issues with Minor League Baseball
(memorandum dated May 11 , 2011 ) 161 - 164
14 . COMMISSIONERS ITEMS
A , Commissioner Bob Solari , Chairman
1 . Commissioner ' s Car Allowance
- - (memorandum- dated ay- -1- 1 , - 2-0 11 )-- - - - - - - - - - - - - - - - - - - - - - - - - - - -M- - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- -165
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2 . Drought
(memorandum dated May 11 , 2011 ) 166
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3 . CiCi Award
(memorandum dated May 11 , 2011 ) 167 - 169
Be Commissioner Gary C , Wheeler, Vice Chairman
None
Co Commissioner Wesley S . Davis
None
D , Commissioner Joseph E . Flescher
None
E , Commissioner Peter D . O ' Bryan
None
15 . SPECIAL DISTRICTS AND BOARDS
A , Emer1jeney Services District
1 . Approval of Minutes Regular Meeting of April 12 , 2011
2 . Declare Former Fire - Rescue Station 9 Surplus ; and , Authorization
for the County Administrator to Sign Auction Documents with
Karlin Daniel & Associates , Inc .
_ (memorandum- dated May_ 9 ,_ 2011 )- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - 170 - 172 -
May 17 , 2011 Page 5 of 6
15 . SPECIAL DISTRICTS AND BOARDS PAGE
Be Solid Waste Disposal District
1 . Amendment 1 to Work Order No . 28 to Geosyntec for Phase 2 —
Procurement of Construction Contract for Cell 1 of Segment 3
Landfill Expansion
(memorandum dated May 2 , 2011 ) 173 - 200
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2 . Amendment No . 1 to Work Order No . 29 to Geosyntec for One
Year of Groundwater Monitoring , Installation of six new wells and
Prepare Remedial Action Plan for the Former South Gifford Road
Landfill
(memorandum dated May 6 , 2011 ) 201 - 218
C . 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 (TDD # 772 -770 - 5215 ) at least 48 hours in
advance of meeting .
The frill agenda is available on line at the Indian River County Website at www . iregov . 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 I : 00 p. m. through Friday Morning,
and Saturda at 12 : 00 Noon to 5: 00 p. m.
May 17 , 201 l Page 6 of 6
JEFFREY K . BARTON M°
Clerk to the Board ALoRioA
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF MAY 17 , 2011
1 . CALL TO ORDER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . INVOCATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
3 . PLEDGE OF ALLEGIANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . * 0 . . . . . . 0 . . . . . . . . . . . . . 2
4 , ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Addition : Item 10 . B . I . Request to Speak from Terry Schlitt Regarding 8715 103 "'
Avenue Scheduled for Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 2
5 . PROCLAMATIONS AND PRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . 0 . . . . . . . . . . . . . . . . . . . . 2
5 . A . PRESENTATION BY STUDENTS WORKING AGAINST TOBACCO URGING TOBACCO
RETAILERS TO STOP THE SALE OF FLAVORED TOBACCO IN INDIAN RIVER
COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . 2
5 . 13 . PRESENTATION OF PROCLAMA 'T' ION DESIGNATING MAY 15 THROUGH MAY 21 ,
2011 AS EMERGENCY MEDICAL SERVICES WEEK IN INDIAN RIVER COUNTY . . . . . . . . . . . . . . 3
5 . C . PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY AS
FOSTER PARENT APPRECIATION MONTH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5 . D . PRESENTATION BY BARBARA SCI-ILITT FORD , EXECUTIVE DIRECTOR OF YOUTH
GUIDANCE , ANNOUNCING 34T " ANNUAL TROPICAL NIGHT LUAU TO BENEFI 'F
YOUTH GUIDANCE MENTORING AND ACTIVITIES PROGRAM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 4
May 17 , 2011 11
6 . APPROVAL OF MINUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . 4
6 . A . REGULAR MEETING OF APRIL 12 , 2011 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION . . . . . . . l . . 00 . . . 0 . . 00 . . " 1000 . . . . . . . 0 . . . I . . . . 0 0 0 . . . . . 00 . . . . 11 . . . . . . 11101 .
. . . . . I . , . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 0 . . . . . 5
7 . A . RESIGNATION OF THE ENGINEER APPOINTEE TO THE ENVIRONMENTAL
CONTROLHEARING BOARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 . CONSENT AGENDA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 . A . APPROVAL OF WARRANTS AND WIRES , APRIL 29 , 201 1 -1- 0 MAY 5 , 2011 . . . . . . . . . . . . .
. . . . . . 5
8 . B . LEASE EXTENSION , LITTLE MERMAID CAR WASH , 1935 43RD AVENUE ,
TIMOTHY E . AND 10SHANA TYNES , 43RD AVENUE / SR60 INTERSECTION
WIDENINGAND IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8 . C . AMENDMENT N0 . 2 TO WORK ORDER N0 . 1 - G . K . ENVIRONMENTAL , INC . ,
OSLO ROAD BOAT RAMP , IRC Pitomc 'r No . 0381 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . 6
8 . D . WORK ORDER N0 . l - MASTE.I. LER , MOLER , REED AND TAYLOR , INC . , NORTH
COUNTY TRANS FLORIDA RAIL CORRIDOR FROM 104T " AVENUE TO SEBASTIAN
RIVER MIDDLE SCHOOL , IRC PRO .IECT No . 0923B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 7
8 . E . WORK ORDER NO . l - INDIAN RIVER SURVEY , INC . , 8 " ' ' STREET ( GLENDALE
ROAD ) ROUTE SURVEY FROM 58 " " AVENUE '1o2 OTH AVENUE , IRC PROJECT N0 .
1049 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . .
. . . . . . . . 7
8 . F . E911 STATE GRANT APPLICA "I- ION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 . G . BOARD CONSIDERATION TO APPROVE A SECOND REVISED CONSERVATION
EASEMENT FOR THE NOR '1' I-1 SHORE CLUI3 PRELIMINARY PD PLAN / PLAT . . . . . . . . . . . . . . . . . . . 8
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES - NONE . . . . . . . . 0 . . . . . . . . . 8
10 . PUBLIC ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . 00 . . . . . . . . . . . . 0 . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 9
10 . A . PUBLIC HEARINGS . . . . . . . . . . . . . . . . . . . . . . m . . . . . . om . . . . . . . . m . . . .
0 . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . 9
10 . A . 1 . PAIN MANAGEMENT CLINIC ORDINANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 . 13 . PUBLIC DISCUSSION ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
10 . 13 . 1 . ADDITION - REQUEST TO SPEAK FROM TERRY SCHLITT REGARDING 8715 103RD
AVENUE SCHEDULED FOR DEMOLITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 0 . . . . . . 0 . . . . . . . . 0 . 0 . . . . 11
May 17 , 2011 2
10 . C . PUBLIC NOTICE ITEMS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 . COUNTY ADMINISTRATOR MATTERS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . I . . . . . . 12
12 . DEPARTMENTAL MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 . A . COMMUNITY DEVELOPMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 . A . 1 . CONSIDERATION OF ESTABLISHING FEES FOR PAIN MANAGEMENT CLINIC
PERMI 'T' S AND RELATED APPEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 . A . 2 . REQUEST TO ENTER INTO AN INTERMODAL PROGRAM SUPPLEMENTAL JOINT
PARTICIPATION AGREEMENT ( JPA ) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR IMPROVEMENTS TO AVIATION BOULEVARD . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 . 13 . EMERGENCY SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . C . GENERAL SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . D . HUMAN RESOURCES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . E . HUMAN SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . F . LEISURE SERVICES - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . G . OFFICE OF MANAGEMENT AND BUDGET - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 17
12 . 1-1 . RECREATION - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . 1 . PUBLIC WORKS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 . J . UTILI "l' IES SERVICES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 . 1 . 1 . RECOMMENDATIONS OF IMPROVEMENTS OUTLINED IN ODOR CONTROL STUDY
FINALREPORI. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 . J . 2 . IMPLEMENTATION SCHEDULE FOR MERGER AND ACQUISITION OF CITY OF
VERO BEACH UTILITY SYSTEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 , COUNTY ATTORNEY MATTERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 . A . RESPONSE TO OFFER FOR PURCHASE OF FORMER SUN SKY ROOFING PARCEL . . . . . . . . . . 20
13 . 13 . PAYMENT AGREEMENT FOR REQUIRED IMPROVEMENTS CONSTRUCTED BY
DIVOSrI' A HOMES , LP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
13 . C . HIRING OUTSIDE COUNSEL TO DEFEND THE COUNTY IN FVP MIAMI LAKES V .
INDIANRIVER COUNTY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
13 . D . DODGERTOWN PROPERTY SWAP - ISSUES WITH MINOR LEAGUE BASEBALL . . . . . . . . . . . . 25
May 17 , 2011 3
14 . COMMISSIONER ITEMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14 . A . COMMISSIONER BOB SOLARI , CHAIRMAN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14 . A . 1 . COMMISSIONER ' S CAR ALLOWANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14 . A . 2 . DROUGIIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 27
14 . A . 3 . CICI AWARD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
14 . B . COMMISSIONER GARY C . WHEELER , VICE CHAIRMAN - NONE . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 28
14 . C . COMMISSIONER WESLEY S . DAVIS - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
14 . D . COMMISSIONER JOSEPH E . FLESCI-TER - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 28
14 . E . COMMISSIONER PETER D . O ' BRYAN - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
15 . SPECIAL DISTRICTS AND BOARDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . 28
15 . A . EMERGENCY SERVICES DISTRIC "T' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
15 . A . 1 . APPROVAL OF MINUTES REGULAR MEETING OF APRIL 12 , 201 1 . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 29
15 . A . 2 . DECLARE FORMER FIRE - RESCUE STA 'T' ION 9 SURPLUS ; AND , AU "I' 1-IORIZATION
FOR THE COUNTY ADMINISTRATOR TO SIGN AUCTION DOCUMENTS WITH
KARLIN DANIEL & ASSOCIATES , INC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
15 . B . SOLID WASTE DISPOSAL DISI"RIC "1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
15 . B . 1 . AMENDMENT 1 TO WORK ORDER NO . 28 TO GEOSYNTEC FOR PHASE 2 -
PROCUREMENT OF CONSTRUCTION CONTRACT FOR CELL 1 OF SEGMENT 3
LANDFILLEXPANSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
15 . 13 . 2 . AMENDMENT NO . I TO WORK ORDER N0 . 29 To GEOSYNTEC FOR ONE YEAR OF
GROUNDWATER MONITORING , INSTALLATION OF SIX NEW WELLS AND
PREPARE REMEDIAL ACTION PLAN FOR THE FORMER SOU "1' 1-I GIFFORD ROAD
LANDFILL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
15 . C . ENVIRONMENTAL CONTROL BOARD - NONE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 29
16 . ADJOURNMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
May 17 , 2011 4
JEFFREY K . BARTON 415 Al
� eely -c
Clerk to the Board
otZORI�p'
May 17 , 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 27 `x' Street , Vero Beach , Florida, on
Tuesday , May 17 , 2011 . Present were Chairman Bob Solari , Vice Chairman Gary C . Wheeler,
and Commissioners Wesley S . Davis , Joseph B . 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
Jeffrey R . Smith, Chief Deputy Clerk of Circuit Court , delivered the Invocation .
May 17 , 2011 1
3 . PLEDGE OF ALLEGIANCE
Commissioner Peter D . O ' Bryan led the Pledge of Allegiance to the Flag .
4 . ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCE' ITEMS
Chairman Solari requested the following changes to today ' s Agenda :
ADDITION. ITEM 10. B. 1 . REQUEST TO SPEAK FROM TERRY SCHIITT REGARDING
8715103 R" A VENUE SCHEDULED FOR DEMOLITION
ON MOTION by Commissioner O ' Bryan , SECONDED
by Commissioner Flescher, the Board unanimously
approved the Agenda as amended .
5 . PROCLAMATIONS AND PRESENTATIONS
S. A . PRESENTATION BY STUDENTS WORKING AGAINST TOBACCO URGING
TOBACCO RETAILERS TO STOP THE SALE OF FLAVORED TOBACCO IN
INDIANRIVER COUNTY
Vero Beach High School students Lauren and Jenna DeFalco , representing Students
Working Against Tobacco , gave a presentation highlighting the dangers to young people of
tobacco use . Displaying a poster and basket of candy- flavored tobacco products , they discussed
how the products , which resemble regular candy products , are being marketed to youth , and
urged retailers to keep the products out of the hands of minors .
May 17 , 2011 2
Commissioner O ' Biyan recalled the Board ' s approval of Resolution 2011 - 037 , to focus
on education and enforcement with respect to illegal sates of tobacco to minors and the
marketing of flavored tobacco products to youth in the County .
S. B. PRESENTATION OF PROCLAMATIONDESIGNATING MAY 15 THROUGHMAY
219 2011 AS EMERGENCY MEDICAL SERVICES WEEK IN INDIAN RIVER
COUNTY
Vice Chairman Wheeler read and presented the Proclamation to Brian Burkeen , Assistant
Chief Emergency Medical Services , who thanked the Board on behalf of all of the members of
the Emergency Medical Services system .
Commissioner O ' Bryan applauded the EMS team members for all the medical work they
do and further acknowledged their active participation in community events and fundraisers .
S. C. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF MAY
AS FOSTER PARENT APPRECIA TION MONTH
Chairman Solari read and presented the Proclamation to Thomas Maher , CEO , Hibiscus
Children ' s Center, and Sandy Divine , President, Hibiscus Children ' s Center Foundation . Mr .
Maher presented to each Commissioner a booklet recapping the 25 year history of the facility,
from its founding in 1985 , and reported that further information was available at
www . hibiscuschildrenseenter . or ,(4 . He noted that over 1 , 000 children and families in the area are
served by Hibiscus Children ' s Center monthly . Ms . Divine thanked the Board for its support,
and spoke about how Hibiscus Children ' s Center provides a safety net for children .
May 17 , 2011 3
S. D. PRESENTATION BY BARBARA SCHLITT FORD, EXECUTIVE DIRECTOR OF
YOUTH GUIDANCE, ANNOUNCING 34 " ANNUAL TROPICAL NIGHT LUAU
TO BENEFIT YOUTH GUIDANCE MENTORING AND ACTIlvITIES PROGRAM
Barbara Schlitt Ford , Executive Director of Youth Guidance Mentoring and Activities
Program , provided background information and details pertaining to their annual fundraiser , the
Tropical Night Luau , to be held on Saturday , June 4 , 2011 at the Quail Valley River Club, 7 : 00 —
11 : 00 p . m . She divulged that proceeds from the event would be used to send at-risk children to
local camps , and discussed other ways individuals may contribute or sponsor- a child for camp .
6 . APPROVAL OF MINUTES
6. A . REGULAR MEETING OFAPRIL 12, 2011
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of April 12 , 2011 . There were none .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, the Board unanimously approved
the Minutes of the Regular Meeting of April 12 , 2011 , as
written .
May 17 , 2011 4
7 . INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A . RESIGNATION OF THE ENGINEER APPOINTEE TO THE ENVIRONMENTAL
CONTROL HEARING BOARD
Noted for the record was the resignation of Engineer Appointee Steve Snoberger
from the Environmental Control hearing Board .
8 . CONSENT AGENDA
ON MOTION by Commissioner Fleseher, SECONDED
by Commissioner Davis , the Board unanimously approved
the Consent Agenda , as presented .
8. A . APPROVAL OF WARRANTS AND WIRES, APRIL 29, 2011 To MAY 59 2011
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
the list of Warrants and Wires as issued by the Cleric to the
Board for the time period of April 29 , 2011 to May 5 ,
2011 , as requested in the memorandum of May 5 , 2011 .
May 17 , 2011 5
S. B. LEASE EXTENSION, LITTLE MERMAID CAR WASH, 1935 43RD AVENUE,
TIMOTHY E. AND JOSHANA TYNES, 43RD AyENCE/SR60 INTERSECTION
WIDENING AND IMPROVEMENTS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously approved
and authorized the Chairman to execute the agreement
with Timothy E . and Joshana Tynes , extending the lease,
commencing May 1 , 2011 and terminating April 30 , 2012 ,
as recommended in the memorandum of April 27 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERIC TO THE BOARD
8. C. AMENDMENT No. 2 To WORK ORDER No. 1 - G. K. ENVIRONMENTAL ,
INc. , Oslo ROAD BOATRAMP, IRCPROSECTNo. 0381
ON MOTION by Commissioner Flescher , SECONDED
by Commissioner Davis , the Board unanimously approved
and authorized the Chairman to execute Amendment No . 2
to Work Order No . 1 with G . K . Environmental , Inc . , in the
not -to - exceed sum of $ 8 , 580 . 00 , authorizing the services
as outlined in the Scope of Services , as recommended in
the memorandum of May 6 , 2011 .
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
May 17 , 2011 6
S. D. WORK ORDER No. I - MASTELLER , MOLER , REED AND TAYLOR , INC. ,
NORTH COUNTY TRANS FLORIDA RAIL CORRIDOR FROM 104 "' AVENUE
TO SEBASTIANRIVER MIDDLE SCHOOL , IRCPRO.IECTNo. 0923E
ON MOTION by Commissioner Flescher , SECONDED
by Commissioner Davis , the Board unanimously approved
and authorized the Chairman to execute Work Order No . 1
with Masteller, Moler, Reed and Taylor, Inc . , in the pimp
sum amount of $ 21 , 885 . 00 , as recommended in the
memorandum of May 9 , 2011 .
WORK ORDER. ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
S. E. WORK ORDER No. I - INDIAN RI VER SURVEY, INC. , 8 "' STREET
(GLENDALE ROAD) ROUTE SURVEY FROM SS "' AVENUE TO 20 "11 AVENUE,
IRC PROJECT No. 1049
ON MOTION by Commissioner Flescher , SECONDED
by Commissioner Davis , the Board unanimously approved
and authorized the Chairman to execute Work Order No . 1
with Indian River Survey , Inc . , in the total lump sum
amount of $ 54 , 030 . 00 , authorizing the project outlined in
the Scope of Services , as recommended in the
memorandum of May 9 , 2011 .
WORK ORDER ON FILE IN THE OFFICE OF THE CLERIC TO THE BOARD
May 17 , 2011 7
8, E E9II STATE GRANTAPPLICATION
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board unanimously
authorized the Chairman to execute the E911 State Grant
Application (For Public Safety Answering Point [ PSAP ]
equipment) as recommended in the memorandum of May
10 , 2011 .
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8. G. BOARD CONSIDERATION TO APPROVE A SECOND REVISED
CONSERVATION EASEMENT FOR THE NORTH SHORE CLUB PRELIMINARY
PD PLAN/PLAT
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis , the Board Lmanimously approved
and authorized the Chairman to execute the Second
Revised Conservation Easement between the County ;
North Shore Club , LLC ; and the Florida Department of
Environmental Protection , as recommended in the
memorandum of May 9 , 2011 .
DOCUMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9 . CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
May 17 , 2011 8
10 . PUBLIC ITLMS
10. A . PUBLIC HEARINGS
I 00A L PAINMANAGEMENT CLINIC ORDINANCE
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney Alan S . Polaekwich , Sr . , reported that Ordinance 2010 - 016, imposing a
12 -month moratorium on the issuance of business tax receipts (F/K/A business licenses ) to pain
management clinics , was adopted by the Board on July 20 , 2010 and would expire in June 2011 .
He stated that the proposed Ordinance , which regulates the clinics and pharmacies dispensing
controlled substances , is intended to convey a strong message that although legal pain
management clinics are allowed , illegal pain management facilities will not be tolerated in the
County . He explained that new State legislation governing pain clinics and the dispensing of
controlled substances is expected to go into effect on July 1 , 2011 , after which he would return to
the Board with any required changes to the Ordinance (if adopted today) , to ensure consistency
with State law . He noted that a potential loophole for some clinic operators may have been
opened up by the State legislation , which contains exemptions from clinic registration and
standards of practice criteria for fellowship -trained or board- certified pain management
physicians .
Questions and discussion ensued as Attorney Polackwich spoke to the County ' s need to
have an Ordinance regulating the pain clinics at the local level , in addition to the State
legislation . He also supplied details regarding the application fees and permits , explaining that
the latter must be obtained no later than 60 days ( around July 18 , 2011 ) from the effective date of
the Ordinance .
Commissioner Davis wanted to have the Ordinance evaluated after the permits are
obtained in July , and again in one year , to make sure the County is not overlooking
any
loopholes .
May 17 , 2011 9
The Chairfncin opened the Public Hearing .
Robert Cigala , 2035 Ocean Ridge Circle , spoke about the devastating effects of
Oxycontin addiction , and asked the Board to prohibit the pain clinics from dispensing that
particular medication . IIe also urged the Board to close any loopholes opened up by the State
exemption for board - certified or fellowship -trained physicians .
There being no further speakers, the Chairman closed the Public Hearing .
ON MOTION by Commissioner Flescher, SECONDED
by Vice Chairman Wheeler , the Board unanimously
adopted Ordinance 2011 - 004 , creating Chapter 315 of the
Code of Indian River County entitled " The Indian River
County Pain Management Clinic and Controlled
Substances Ordinance " ; regulating and prohibiting certain
activities relating to the operation of pain management
clinics and pharmacies prescribing and dispensing
controlled substances ; and providing for severability , a
general repealer and an effective date .
Commissioner Davis wanted the County Attorney to look into the State ' s exemption and
see whether the County ' s Ordinance can be more restrictive than the State legislation .
ON MOTION by Commissioner Davis , SECONDED by
Chairman Solari , the Board unanimously directed staff to :
( 1 ) reevaluate the Ordinance in July 2011 and in one year
(May 2012) ; and (2) research whether the County ' s
Ordinance can be more restrictive than the State law .
May 17 , 2011 10
IO. B. PUBLIC DISCUSSIONITEMS
IO. B. 1 . ADDITION - REQUEST TO SPEAK FROM TERRY SCHLITT REGARDING
8715103 RD A VENUE SCHEDULED FOR DEMOLITION
Terry Schutt , 6316 7 "' Street, related that he had purchased a home at 8715 103 `,
Avenue , which he later discovered was one of three properties slated for demolition by the
County (the Board approved the bid award for the work on May 3 , 2011 ) . He stated that a
structural engineer would be evaluating the structure ' s walls and foundation to see whether the
property can be rebuilt without a full demolition , and requested that the Board delay the
demolition until a determination is made . He thereafter responded to questioning from the Board
regarding his plans for renovating the structure, and advised that he would report on the
engineer ' s findings at the Board of County Commission meeting of May 24 , 2011 .
The Board questioned staff on the status of the bid award for the demolition of the three
struettres .
Purchasing Director Jerry Davis explained that there was a clause in the bid documents
allowing the County to withdraw any of the properties . He also noted that the purchase order for
the bid award has not yet been issued .
Administrator Baird confirmed that this matter could be delayed and readdressed at next
week ' s meeting on May 24 , 2011 .
The Board was concerned that the possible removal of one of the structures from the bid
award for three structures might cause the contractor, Redmarq IIomes Ltd Co dba Redmarq
Construction Services , to withdraw their bid for the demolition of the remaining two structures .
May 17 , 2011 1 l
Director Davis suggested that if Redmarq Homes withdrew its bid , the two remaining
structures could be added to a new Invitation for Bid that is for demolition of three additional
condemned structures .
ON MOTION by Commissioner O ' Bryan , SECONDED
by Commissioner Davis , the Board unanimously : ( 1 )
approved to delay the issuance of the Purchase Order to
Redmarq Homes Ltd Co dba Redmarq Construction
Services pertaining to three condemned structures , for one
week , with the understanding that Mr . Schlitt will address
the Board on Tuesday , May 24 , 2011 , with an update on
the status of the structure at 8715 103ra Avenue ; and (2)
directed staff to discuss the situation with Redmarq
Homes Ltd Co dba Redmarq Construction Services .
Commissioner O ' Bryan cautioned Mr . Schlitt that although the Board was giving him a
week to have his property evaluated , the demolition on the property still might proceed .
10. C. PUBLIC NOTICE ITEMS - NONE
11 , COUNTY ADMINISTRATOR MATTERS - NONE
THIS SPACE INTENTIONALLY LEFT BLANK
May 17 , 2011 12
1. 2 . DEPARTMENTAL MATTERS
12. A . COMMUNITY DE VEL OPMENT
12. A . 1 . CONSIDERATION OF ESTABLISHING FEES FOR PAIN MANAGEMENT
CLINIC PERMITS AND RELATED APPEALS
( Clerk 's Note : See also Item IO. A . Pain Management Clinic Ordinance )
Planning Director Stan Boling stated that the proposed fee Resolution , setting forth
permit and appeal fees , is necessary for implementation of Ordinance 2011 - 004 (the Pain Clinic
Ordinance) adopted under Item 10A . 1 . He noted that there is a requirement in the Ordinance for
pain clinics to apply for permits , and explained the basis for staff' s proposal to set the permit fee
at $ 200 . 00 . He also discussed staff' s rationale for the proposed $ 800 . 00 fee for clinics appealing
decisions for permit denials or suspensions . He noted that the permit fees will be waived for
approximately 60 days for permit applications received on or before July 18 , 2011 , and presented
staff' s recommendation for Board approval of the proposed fee Resolution .
Chairman Solari sought and received confirmation that the permits applied for at no
charge would be for a two - year period .
ON MOTION by Vice Chairman Wheeler, SECONDED
by Commissioner O ' Bryan, the Board unanimously
approved Resolution 201. 1 - 038 , establishing fees
associated with pain management clinic permit
applications and related appeals .
Commissioner Davis confirmed with Director Boling that the Indian River County
Medical Society had been given notice of the new regulations for pain management facilities .
Commissioner Davis then requested that staff inform existing legitimate clinics regarding the
new permitting requirement and the 60 - day fee waiver .
May 17 , 2011 13
12. A . 2. REQUEST TO ENTER INTO AN INTERMODAL PROGRAM
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (JPA ) WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION FOR IMPROVEMENTS TO
A VIATION BO ULEVARD
Phillip Matson, Metropolitan Planning Organization (MPO ) Staff Director , recalled that
on April 12 , 2011 , the Board had directed staff to return with further information regarding an
Intermodal Program Supplemental Joint Participation Agreement ( JPA ) with the Florida
Department of Transportation (FDOT) for the Aviation Boulevard (43 `1 Avenue to US 1 ) Project .
Through review of his May 10 , 2011 memorandum , he provided details on the County ' s
Interlocal Agreement with the City of Vero Beach (the City) for development of the Project, and
an analysis of design and implementation issues , which included escalating costs , reduced
revenues , and declining roadway demand . He outlined three alternatives ( on pages 102 and
103 ) , regarding the implementation of the Project , and confirmed staff' s recommendation for the
Board to : ( 1 ) approve the Intermodal Program Supplemental JPA and authorizing Resolution ; (2 )
select Alternative 11 , to complete the design , and construction of the Aviation Boulevard
intersection widen 43 "i Avenue , and make Intermodal Improvements ; and (3 ) authorize staff to
enter into a revised Interlocal Agreement with the City .
Discussion ensued as Director Matson addressed the Board ' s questions and concerns
regarding the scope of the roadway improvements encompassed in the Project (as presented in
Alternative II) , and the need for improvements to 261x' Street (F/K/A Walker Avenue) , and the
area designated as Aviation Boulevard .
Commissioner Davis voiced the need for a left- hand turn lane for motorists heading west
from US 1 onto Aviation Boulevard and turning left onto the bridge over the Main Relief Canal
into the County Administration Complex .
May 17 , 2011 14
Responding to remarks from Vice Chairman Wheeler, Director Keating acknowledged
the need for improvements to the narrow portion of 26 `x' Street between 4nrd� and 58th Avenue ,
but conveyed that due to the expense, they have not been included in the subject Project . s
Bob Johnson , Coral Wind Subdivision , supported maltingimprovements on 26 `x' Street
and mentioned that Aviation Boulevard is an important route for hospital access .
Renee Renzi , Waverly Place , mentioned that she was disappointed when direct access
into the Theater Guild parking lot had not been provided when the new County Administration
Building was built . She asked whether an access from Aviation Boulevard into the lot could be
constructed in conjunction with the Aviation _Boulevard Project.
Administrator Baird advised that when the complex had been built, the City had not
wanted the County to make a connection from 20 `x' Avenue to Aviation Boulevard because some
McAnsh Park residents were concerned it might draw additional traffic through their
neighborhood . However, Ile advised that the bridge into the County Administration Complex
has been designed to connect directly to 20 `x' Avenue .
ON MOTION by Commissioner O ' Biyan , SECONDED
by Commissioner Flescher, the Board unanimously
approved : ( 1 ) Resolution 2011 - 039 , approving an
Intermodal Program Supplemental Joint Participation
Agreement with the Florida Department of Transportation
for roadway widening and intermodal improvements to
Aviation Boulevard and 43 '-d Avenue ; (2 ) approved
Alternative II (Complete Project Design , Widen 43 "�
Avenue , Construct Aviation Boulevard/43) d Avenue
Intersection Improvements , and Construct hltermodal
Improvements ) ; and ( 3 ) authorized staff to prepare a
revised Interlocal Agreement with the City of Vero Beach
May 17, 2011 15
that corresponds to Alternative II , including the additional
design fees , all as recommended in the memorandum of
May 10 , 2011 .
Conunissioner Davis wanted staff to explore whether the City would consider the
possibility of interconnecting 20 ` x' Avenue to Aviation Boulevard .
Commissioner O ' Bryan agreed with Commissioner Davis ' s points about the need For a
left-hand turn lane and interconnectivity from 20 °i Avenue to Aviation ; however, to prevent
delaying the Aviation Boulevard Project, Ile suggested the issues be treated separately from
staff s recommendation .
The Chairman CALLED THE QUESTION , and the
Motion carried unanimously . Tlie Board approved : ( 1 )
Resolution 2011 - 039 , approving an Intermodal Program
Supplemental Joint Participation Agreement with the
Florida Department of Transportation for roadway
widening and intermodal improvements to Aviation
Boulevard and 43 `d Avenue ; (2 ) approved Alternative II
( Complete Project Design, Widen 43 `1 Avenue, Construct
Aviation Boulevard /43 "' Avenue Intersection
Improvements , and Construct Intermodal Improvements) ;
and ( 3 ) authorized staff to prepare a revised Interlocal
Agreement with the City of Vero Beach that corresponds
to Alternative II including the additional design fees all
as recommended in the memorandum of May 10 , 2011 .
After a brief discussion , the Board asked staff to explore and report back to the Board
regarding three issues related to the intersection of Aviation Boulevard and 20 `x' Avenue :
May 17 , 2011 16
( 1 ) Constructing a left- band turn lane for west- bound motorists traveling from U . S . 1
onto Aviation Boulevard and driving over the bridge into the County Administration
Complex
(2 ) Interconnecting 20 `x' Avenue to extend all the way to Aviation Boulevard
( 3 ) Providing direct access to the Vero Beach Theater Guild parking lot from Aviation
Boulevard , if 20 `x' Avenue is not extended
Administrator Baird stated he would check with the City to see if the County had the
right - of- way for the turn lane .
AGREEMENT ON FILE 1N THE OFFICE OF THE CLERK TO THE BOARD
129B9 EMERGENCY SER VICES - NONE
12. C GENERAL SER VICES - NONE
12. D. HUMAN RESOURCES - NONE
12. E. HUMAN SER VICES - NONE
12. E LEISURE SERVICES - NONE
120G. OFFICE OF MANA GEMENT AND BUDGET - NONE
12. H. RECREATION - NONE
12. L PUBLIC WORKS - NONE
May 17 , 2011 17
The Chairman called a break at 10 : 24 a. in. and reconvened the meeting at 10 : 38 C1. 117 . 1
tivith till members present.
12. J. UTILITIES SER VICES
12J 1 . RECOMMENDATIONS OF IMPROVEMENTS OUTLINED IN ODOR CONTROL
STUDY FINAL REPORT
Mike Hotchkiss , Capital Projects Manager, recalled the Board ' s approval on January 18 ,
2011 for Post, Buckley, Schuh and Jernigan (PBS & J) to perform an odor control study at the
West Regional Wastewater Treatment Facility , in response to odor complaints . He reviewed his
memorandum of May 4, 2011 to provide details on the study, and asked the Board to approve
staff' s proposal to implement the recommendations in PBS & J ' s West Regional Wastewater
Treatment Plant Odor Study . Mr . Hotchkiss thereafter responded to the Commissioners '
questions on the costs of the engineering services (including the 5 % contingency amount
included therein ) ; and the status of odor remediations occurring at the Gifford Wastewater
Treatment Plant .
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher, the Board unanimously approved
implementation of the West Regional Odor Enhancement
design (for the West Regional Wastewater Treatment
Plant) , and advertisement for construction bids , as
recommended in the memorandum of May 4, 2011 .
12. .12. IMPLEMENTATION SCIIEDULE FOR MERGER AND AC UISITION OF CITY
OF VER O BEA CH UTILITY S YSTEM
Director of Utility Services Erik Olson recalled the April 29 , 2011 Joint Meeting between
the County and the City of Vero Beach (the City) , at which the two commissions agreed to
proceed with the development of a process :for the regionalization of the City and County ' s
May 17 , 201 1 18
Water Utility Systems , in which the County would acquire the City ' s system . Through a
PowerPoint presentation (copy on file) , he highlighted the benefits of the regionalization, which
included a stabilization of utility rates for City customers , who typically pay higher rates than the
County. He provided a timeline and detailed analysis of nine (9) tasks associated with the
Regionalization , and advised that staff could have a draft agreement ready by the end of June
2011 , an anticipated final agreement by the end of September 2011
and be ready to serve
residents of the County, City, the Barrier Island ( Orchid Island ) , and the Town of Indian River
Shores with an integrated system approximately 24 months after the agreement is executed .
Commissioner Davis supported the regionalization ; however, he wanted to mance sure
staff would continue to try to transition all of the City customers who are outside of City limits
and in unincorporated areas of the County, into the County ' s utility system .
Chairman Solari felt that proceeding with the regionalization would not preclude the
County from securing the customers alluded to by Comipissioner Davis , nor in pursuing the
Water, Wastewater, and Reclaimed Water Franchise Agreement with the Town of Indian River
Shores .
Director Olson confirmed for Vice Chairman Wheeler that lie would attend the City
Council Meeting tonight, May 17 , 2011 , to address any questions about the regionalization .
Chairman Solari , voicing support for the regionalization, noted that as a County
customer, he would save around $ 150 annually on his water bill , and anticipated that other City
residents would see substantial savings . He said other benefits for the City would be decreased
debt, and reduced environmental risks and increased property values resulting from tine removal
of the wastewater plant on 17t" Street (situated above the Indian River Lagoon ) .
Bob Johnson , Coral Wind Subdivision , told Commissioners he would probably support
the regionalization , but had questions about the length of time and expense for laying the
infrastructure pipeline , and repaving affected areas .
May 17 , 2011 19
ON MOTION by Commissioner Davis , SECONDED by
Commissioner Flescher , the Board unanimously approved
proceeding with the estimated timeline and process for
implementation of the merger and acquisition of the City
of Vero Beach Utility System , as recommended in the
memorandum of May 12 , 2011 .
MOTION WAS MADE by Commissioner Davis ,
SECONDED by Chairman Solari , to direct staff to : ( 1 )
continue efforts to transition all City of Vero Beach
residents and businesses outside of City limits ( in
unincorporated areas of the County) , into the County
Utilities System ; and (2 ) continue to pursue the Water ,
Wastewater , and Reclaimed Water Franchise with the
Town of Indian River Shores that will become available in
2016 .
Director Olson confirmed for Commissioner O ' Bryan that staff would have available for
the May 26 , 2011 Town of Indian River Shores Council Meeting, the County ' s written proposal
for the Water , Wastewater , and Reclaimed Water Franchise with the Town .
The Chairman CALLED THE QUESTION , and the
Motion carried unanimously .
13 . COUNTY ATTORNEY MATTERS
I3. A . RESPONSE TO OFFER FOR PURCHASE OF FORMER SUN SKY ROOFING
PARCEL
Deputy County Attorney William DeBraal recapped his memorandum of May 10 , 2011 ,
and showed slides of the subject parcel , to provide background and details pertaining to the
May 17 , 2011 20
acquisition of the former Sun Sky Roofing Parcel , located at 3885 41s ` Street, and now owned by
SunTrust Bank . He recalled the actions leading up to the County ' s $ 800 , 000 counteroffer to
SunTrust ' s asking price of $ 1 million , and said that SunTrust had rejected the County ' s
counteroffer . He revealed that Bill Mills , the County ' s real estate agent for the property, had
reported that there were indications that SunTrust might accept $ 975 , 000 for the property , and
proffered staffs recommendation for the Board to approve a final counteroffer in that amount
($ 975 , 000 ) .
Vice Chairman Wheeler explained why he thought the property could be acquired for
$ 800 , 000 , and declared he would pay no more .
MOTION WAS MADE by Vice Chairman Wheeler ,
SECONDED by Chairman Solari , to present a final
counter offer of $ 800 , 000 to SunTrust Bank for purchase
of the property at 3885 4Is ` Street .
Attorney DeBraal noted that previous offers had been received and rejected by SunTrust
Bank .
Bill Mills , Real Estate and Management Group , 800 8 "' Street , explained how the
$ 975 , 000 figure had been arrived at , and told Commissioners it was his understanding that
SunTrust had rejected two other offers of $ 900 , 000 .
Commissioner Flescher expressed concerns that there was no verification of the two
aforementioned offers , nor was it certain that the existing structures on the property would be
suitable for the Sheriff' s Department .
Administrator Baird described how certain structures on the parcel would be utilized by
the Sheriffs Department , and confirmed that SunTrust ' s rejection of two offers at $ 900 , 000 was
the rationale for staffs recommendation of $ 975 , 000 .
May 17 , 2011 21
Commissioner O ' Bryan felt the $ 900 , 000 counteroffer was more in accordance with the
County ' s appraised value of the parcel than the $ 800 , 000 suggested by Vice Chairman Wheeler .
The Chairman CALLED THE QUESTION , and by a 2 - 3
vote ( Commissioners Davis , Flescher, and O ' Bryan
opposed ) the Motion FAILED .
Attorney DeBraal clarified for the Board that the due diligence and closing could be done
in thirty days , and that there would be a Phase I Site Inspection Environmental Study prior to the
closing .
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis , to make a final
counter offer of $ 90000 to SunTrust Bank for purchase
of the former Sun Sky Roofing Parcel , with the closing
date to be scheduled within thirty days of the contract;
and to authorize the Chairman to execute a counter offer
of $ 900 , 000 to the contract with SunTrust .
Under discussion , Vice Chairman Wheeler declared that the transaction is a business
deal , not an eminent domain acquisition , and that the County could do better . He pointed out
that the property is not in a good location and that many foreclosed properties have been selling
at greatly reduced values , and maintained that SunTrust would accept an $ 800 , 000 counteroffer .
Chairman Solari remarked that after hearing Vice Chairman Wheeler ' s comments , he had
revised his stance .
May 17 , 2011 22
The Chairman CALLED THL QUESTION , and by a 3 - 2
vote ( Commissioners Solari and Wheeler opposed ) , the
Motion carried . The Board approved a final counter offer
of $ 900 , 000 to SunTrust Balk for purchase of the former
Sun Sky Roofing Parcel , with the closing date to be
scheduled within thirty days of the contract ; and
authorized the Chairman to execute a counter offer of
$ 900 , 000 to the contract with SunTrust Bank .
CONTRACT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13A PAYMENT AGREEMENT TOR REQUIRED IMPROVEMENTS CONSTRUCTED
By DI TIOSTA HOMES, LP
Attorney DeBraal reviewed his May 10 , 2011 memorandum , providing background and
conditions regarding the County ' s 2004 Development Order with DiVosta Homes , LP , which
required the developer to construct an oversize water main and sewer main in excess of what was
required for their development, Waterway Village . He stated that the Development Order
contained a provision for the County to reimburse DiVosta for a proportionate share of the cost,
and that staff has calculated the reimbursementsum to be a discounted amount of $ 315 , 785 . 62 .
He confirmed that the work has been completed and accepted by the County , and presented
staffs recommendation to pay the $ 315 , 785 . 62 in one lump amount, rather than the five annual
installments structured in the Development Order .
MOTION WAS MADE by Commissioner Davis ,
SECONDED by Commissioner O ' Bryan , to approve
staffs recommendation .
Attorney DeBraal , with input from Attorney Polackwich , addressed Commissioner
O ' Bryan ' s questions about the calculation of the reimbursement amount .
May 17 , 2011 23
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously . The Board approved and
authorized the Chairman to execute the Satisfaction and
Payment Agreement for Required Improvements with
DiVosta homes , L . P . (for Waterway Village ) . The County
will have 30 days from the date of approval of this
agreement to remit payment to DiVosta, all as stated and
recommended in the memorandum of May 10 , 2011 .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C. HIRING OUTSIDE COUNSEL TO DEFEND THE COUNTY IN FVP MIAMI
LAKES V. INDIANRIVER COUNTY
Attorney Polackwich , through review of his memorandum of May 10 , 211 , provided
background and analysis on a lawsuit imposed by FVP Miami Lakes (FVP ) against the County .
He explained that FVP has acquired properties formerly owned by Lennar Homes , who had paid
traffic and water/ sewer impact fees , but never developed the properties , and that FVP was
seeking a partial or total refund of the fees . He explained that although the County Attorney ' s
office had been defending this case thus far, at this time , there was need for outside counsel as
the case proceeds to trial in late August 2011 . IIe provided staffs rationale for selecting Murphy
and Walker, Attorneys at Law , as the outside counsel , and requested that the Board authorize
staff to hire Murphy and Walker to defend the County in the FVP Miami Lakes v . IRC case .
Responding to Commissioner Davis ' s remarks about the consequences these types of
impact fee lawsuits might have for the State of Florida , Attorney Polackwich agreed to follow up
with the Florida Association of Counties or other State organizations to see if they can provide
some type of assistance with this matter .
May 17 , 2011 24
Attorney Potackwich responded to questions frorn the Board regarding possible
reimbursement of the court costs , and whether a cap would be placed on the costs for the outside
counsel .
The Board directed staff to include in the Board of County Commission Meeting
Agendas , tinder Informational Items , a tally of the amounts disbursed to Murphy and Walker .
ON MOTION by Commissioner O ' Bryan , SECONDED
by Commissioner Flescher, the Board unanimously : ( 1 )
approved the hiring Of Murphy and Walker , Attorneys at
Law , to defend the County in the FVP Miami Lakes v .
Indian River County ( IRC ) case ; (2) authorized the
Chairman to execute the fee agreement with Murphy and
Walker ; and (3 ) directed staff to include under
Informational Items , periodic updates on the invoiced
amounts billed by Murphy & Walker to the County .
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. D. DODGERTOWN PROPERTY SWAP — ISSUES WITH MINOR LEAGUE
BASEBALL
Attorney Polackwich recalled the Board ' s approval on May 3 , 2011 , of the final closing
documents on the land swap with the City of Vero Beach (the City) pertaining to certain
improvements at Vero Beach Sports Village (F/K/A Dodgertown ) . He explained that Minor
League Baseball (MiLB ) had questioned certain clauses in one of the closing documents , the
First Amendment to the Facility Lease Agreement between the County and MiLB , and had at
first declined to sign the agreement; however, they have since decided to execute the document .
He confirmed that the land swap would proceed based on the documents approved by the Board
on May 3 , 2011 .
May 17 , 201 l 25
Commissioner Davis voiced support for the improvements going forward at the Vero
Beach Sports Village .
Commissioner O ' Bryan dispelled rumors that MiLB was going to be leaving Vero Beach
by December 2011 . He hoped that by proceeding with the Lease Agreement, the Board was
sending a clear message of the County ' s commitment to a successfiil long - term partnership with
MiLB .
No Board Action Required or Taken
14 . COMMISSIONER ITEMS
M. A . COMMISSIONER BOB SOLARI, CHAIRMAN
14. A . 1 . COMMISSIONER 'S CAR ALL 0fVANCE
Chairman Solari felt that in keeping with other budget cuts in the County , it would be
appropriate to reduce the Commissioner ' s car allowance . He observed that lie has seen a decline
in his own driving due to fewer committees and less meetings , and suggested that the
Commissioners reduce their car allowance by about half. He thereafter invited input from fellow
Commissioners .
Discussion ensued as individual Board members debated whether the amount of auto
travel done by the Commissioners in the fulfillment of their duties , and their costs for fuel and
maintenance , was equivalent to the current car allowance , or whether a reduction in the car
allowance should be effected .
MOTION WAS MADE by Commissioner Davis ,
SECONDED by Chairman Solari , to reduce by 10 % , the
car allowance for the Board of County Commissioners .
May 17 , 2011 26
Administrator Baird mentioned that the Commissioners ' budgets had already been cut
about 5 . 2 % .
During additional discourse, points were made regarding the differences between travel
expenses and the car allowance , and each Commissioner ' s need to travel not only in his own
district, but Countywide . It was also noted that each Commissioner had the ability to further
limit his car allowance , if desired .
The Chairman CALLED THE QUESTION , and the
Motion carried unanimously . The Board approved to
reduce by 10 % the car allowance ,for the Board of County
Commissioners .
A brief discussion ensued as Administrator Baird sought and received clarification on the
Board ' s direction to staff.
14. A . 2. DROUGHT
Chairman Solari , expressing concern over the drought in the County and State , reminded
homeowners to check their irrigation systems for leaks .
Commissioner Davis sought and received confirmation from Administrator Baird that
staff would check for leaks in the County ' s irrigation systems .
No Board Action Required or Taken
14. A . 3. CICI A WARD
Chairman Solari reported that the publishers of Trade & Industry Development Magazine
recently presented the Board with a Corporate Investment and Community Impact Award (CiCi
May 17 , 2011 27
Award) for outstanding achievement in economic development . He noted that the award was
related to the Board ' s role in attracting INEOS New Planet BioEnergy to the County .
Commissioner Davis read the award letter ( page 168 of the Agenda Packet) into the
record .
No Board Action Required or Taken
14. 8. COMMISSIONER GARY Ce WHEELER VICE CHAIRMAN - NONE
140CO COMMISSIONER WESLEY S. DAVIS - NONE
14. D. COMMISSIONER JOSEPH E. FL ESCIIER - NONE
14. E. COMMISSIONER PETER D. O 'BRYAN - NONE
15 . SPECIAL DISTRICTS AND BOARDS
15. A . EMERGENCY SER VICES DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Board of
County Commission Meeting, the Board would reconvene as the Board of Commissioners of the
Emergency Services District . Those Minutes are being prepared separately .
May 17 , 2011 28
I5. A . 1 . APPROVAL OFMINUTESREGULARMEETINGOFAPRIL 12 2011
15A2. DECLARE FORMER FIRE-RESCUE STATION 9 SURPLUS ' AND
AUTHORIZATION FOR THE COUNTY ADMINISTRATOR TO SIGN AUCTION
DOCUMENTS WITHKARLINDANIEL & ASSOCIATES, INC.
15A SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Regular Emergency
Services District Meeting , the Board would reconvene as the Board of Commissioners of the
Solid Waste Disposal District . Those Minutes are being prepared separately .
1 S. B. 1 . AMENDMENT I TO WORK ORDER NO. 28 TO GEOSYNTEC FOR PHASE 2 -
PROCUREMENT OF CONSTRUCTION CONTRACT FOR CELL I OF SEGMENT
3 LANDFILL EXPANSION
15. B. 2. AMENDMENT NO. I TO WORK ORDER NO. 29 TO GEOSYNTEC FOR ONE
YEAR OF GROUNDWATER MONITORING, INSTALLATION OF SIX NEW
WELLS AND PREPARE REMEDIAL ACTION PLAN FOR THE FORMER SOUTH
GIFFORD ROAD LANDFILL
15. C. ENVIRONMENTAL CONTROL BOARD - NONE
May 17 , 2011 29
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 : 52
p . m .
ATTEST :
Jef Barton , Clerk Bob Solari , Chairman
Minutes Approved : JUN 2 1 20.11
BCC/MG /2011 Minutes
BK 140 PG 904
May 17 , 2011 0
u U