HomeMy WebLinkAbout01/20/2009 (2)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF JANUARY 20, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 2
A. PRESENTATION OF PROCLAMATION HONORING MARY LOUISE SCHEIDT ON
HER RETIREMENT EFFECTIVE JANUARY 15, 2009 2
B. PRESENTATION OF PROCLAMATION HONORING ARZELLA HATFIELD ON HER
RETIREMENT EFFECTIVE JANUARY 22, 2009 3
C. PRESENTATION OF PROCLAMATION DESIGNATING JANUARY 18-24, 2009, AS
HAZARDOUS MATERIALS AWARENESS WEEK 3
D. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF FEBRUARY
AS FOUR CHAPLAINS INTERFAITH MEMORIAL MONTH 3
E. PRESENTATION BY JIM BASS, PIPER AIRCRAFT, INC. 4
F. PRESENTATION ON CHILDREN'S SERVICES BY BRAD BERNAUER, HUMAN
SERVICES; KIP JACOBY, CHAIRMAN, GRANT REVIEW SUB -COMMITTEE; AND
RONNIE HEWETT, PRESIDENT, BOYS AND GIRLS CLUB 6
6. APPROVAL OF MINUTES - NONE 7
1
January 20, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION 7
A. 2009 ELECTION OF METROPOLITAN PLANNING ORGANIZATION (MPO)
CHAIRMANAND VICE CHAIRMAN 7
B. 2009 ELECTION OF ENTERPRIZE ZONE DEVELOPMENT AGENCY (EZDA)
CHAIRMANAND VICE CHAIRMAN 7
C. 2009 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC) CHAIRMAN AND
VICE CHAIRMAN 7
D. APPOINTMENT OF CITY OF VERO BEACH ALTERNATES TO THE COUNTY
ECONOMIC DEVELOPMENT COUNCIL AND THE TOURIST DEVELOPMENT
COUNCIL 7
E. RESIGNATION OF DISTRICT 3 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 8
F. APPOINTMENT OF DISTRICT 3 APPOINTEE TO THE PLANNING & ZONING
COMMISSION 8
G. RESIGNATION OF AGRICULTURAL COMMUNITY INTEREST APPOINTEE TO THE
LAND ACQUISITION ADVISORY COMMITTEE 8
H. RESIGNATION OF BOARD OF COUNTY COMMISSIONER (BCC) APPOINTEE TO
THE ECONOMIC DEVELOPMENT COUNCIL 8
8. CONSENT AGENDA 8
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 30, 2008 THRU JANUARY
8, 2009 9
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER COUNTY
TRAFFIC EDUCATION PROGRAM TRUST FUND 9
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE TREASURE COAST LEGISLATIVE
CONFERENCE IN TALLAHASSEE 9
8.D. RELEASE OF RETAINAGE AND FINAL PAYMENT TO GIANETTI CONTRACTORS,
INC., FOR THE WABASSO SUBAQUEOUS FORCE MAIN & WATER MAIN
REPLACEMENT PROJECT UCP -960 10
8.E. AMENDMENT No. 8 TO THE PROFESSIONAL ENGINEERING/LAND SURVEYING
SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., FOR OSLO
2
January 20, 2009
ROAD WIDENING PHASE I FROM WEST OF OLD DIXIE HIGHWAY TO 27TH
AVENUE - PARTIAL RELEASE OF RETAINAGE 10
8.F. RELEASE OF RETAINAGE AND A RECONCILIATION CHANGE ORDER FOR
CONSTRUCTION OF THE MAIN RELIEF CANAL POLLUTION CONTROL FACILITY -.11
8.G. PARTIAL RELEASE OF RETAINAGE - WORK ORDER #3, COASTAL TECHNOLOGY
CORPORATION, INC., SECTOR 3 BEACH RESTORATION 11
8.H. PROCLAMATION AND RETIREMENT AWARD HONORING HOLLY TAYLOR ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS DEPARTMENT OF UTILITY SERVICES 12
8.L PROCLAMATION AND RETIREMENT AWARD HONORING KATHERINE SLUSSER
ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT 12
8.J. PROCLAMATION PRESENTING THE LIVING LEGEND AWARD TO TOMMY
LASORDA 12
9.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE 13
10. PUBLIC ITEMS - 13
A. PUBLIC HEARINGS 13
1. SUNNYSIDE UP 1, LLC'S REQUEST TO REZONE APPROXIMATELY 40.3 ACRES
FROM RM -6, RESIDENTIAL MULTI -FAMILY DISTRICT (UP TO 6 UNITS/ACRE),
AND RM -8, RESIDENTIAL MULTI -FAMILY DISTRICT (UP TO 8 UNITS/ACRE), TO
PDTND (PLANNED DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN)
AND OBTAIN CONCEPTUAL PD PLAN APPROVAL FOR A PROJECT TO BE KNOWN
AS SUNNYSIDE UP (LEGISLATIVE) 13
10.B. PUBLIC DISCUSSION ITEMS 15
1. REQUEST TO SPEAK FROM TODD C. MARSHALL, STOW -A -WAY STORAGE
REGARDING CONSIDERATION OF TEMPORARY MORATORIUM ON PROHIBITING
SIGNS AND BUSINESS PROMOTION AS CURRENTLY WRITTEN IN THE CODE 15
3
January 20, 2009
10.C. PUBLIC NOTICE ITEMS - NONE 17
11. COUNTY ADMINISTRATOR MATTERS 17
A. PROPOSED ECONOMIC STIMULUS PROJECTS 17
B. DISCUSSION REGARDING LOBBYISTS 18
12. DEPARTMENTAL MATTERS 19
12.A COMMUNITY DEVELOPMENT - NONE 19
12.B. EMERGENCY SERVICES - NONE 19
12.C. GENERAL SERVICES 19
1. APPROVAL OF CONTRACT WITH THE HEVERON GROUP, INC., D/B/A
BEACHLAND CLEANING SERVICES FOR CUSTODIAL SERVICES 19
12.D. HUMAN RESOURCES - NONE 19
12.E. HUMAN SERVICES - NONE 20
12.F. LEISURE SERVICES - NONE 20
12.G. OFFICE OF MANAGEMENT AND BUDGET 20
1. FINANCIAL UPDATE ON THE 2008/2009 BUDGET 20
12.H. RECREATION - NONE 20
12.I. PUBLIC WORKS - NONE 20
12.J. UTILITIES SERVICES - NONE 20
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January 20, 2009
13. COUNTY ATTORNEY MATTERS 21
A. UNCONDITIONAL OFFER FOR PARCEL OF PROPERTY OWNED BY MATTHEW
AND HILDA HARBOURT 3675 66TH AVENUE, VERO BEACH 21
13.B. AMENDED RESOLUTION OF NECESSITY FOR A PARCEL OF PROPERTY
LOCATED ON 16TH STREET BETWEEN 66TH AND 74TH AVENUES 22
14. COMMISSIONERS' ITEMS 23
A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN 23
1. COMMITTEE APPOINTMENTS DISCUSSION 23
B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN 25
1. CONGRESSMAN BILL POSEY 25
14.B.2. COUNTY ADMINISTRATOR'S CONTRACT 26
C. COMMISSIONER GARY C. WHEELER 30
1. SECURITY SYSTEM INSTALLATION FOR THE GIFFORD SECURITY HOUSE 30
D. COMMISSIONER PETER D. O'BRYAN - NONE 30
E. COMMISSIONER BOB SOLARI 30
1. ECONOMIC DEVELOPMENT SUMMIT 30
15. SPECIAL DISTRICTS AND BOARDS 31
A. EMERGENCY SERVICES DISTRICT 31
1. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 9, 2008 31
2. LETTER OF AGREEMENT FOR PERSONS WITH SPECIAL NEEDS 31
3. HEALTH SCIENCE STUDENT(S) EXPERIENCE AGREEMENT BETWEEN INDIAN
RIVER STATE COLLEGE AND INDIAN RIVER COUNTY DEPARTMENT OF
EMERGENCY SERVICES 31
15.B. SOLID WASTE DISPOSAL DISTRICT 31
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January 20, 2009
L APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT FOR THE
FELLSMERE CUSTOMER CONVENIENCE CENTER 32
C. ENVIRONMENTAL CONTROL BOARD - NONE 32
16. ADJOURNMENT 32
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January 20, 2009
January 20, 2009
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY
The Board of County Commissioners of Indian River County, Florida, met in
Regular Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, January 20, 2009. Present were Chairman Wesley S. Davis, Vice Chairman Joseph E.
Flescher, and Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler. Also present
were County Administrator Joseph A. Baird, Deputy County Attorney William DeBraal, and
Deputy Clerk Athena Adams.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Pastor Roger Ball, Immanuel Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Bob Solari led the Pledge of Allegiance to the Flag.
January 20, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA /EMERGENCY
ITEMS
Chairman Davis announced the following change to today's Agenda:
1. Move Item 14.B.1 — "Office request for Congressman Bill Posey" to be
heard after Consent Agenda
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved the above change to the Agenda.
5. PROCLAMATIONS AND PRESENTATIONS
A. PRESENTATION OF PROCLAMATION HONORING MARY LOUISE
SCHEIDT ON HER RETIREMENT EFFECTIVE JANUARY 15, 2009
Commissioner O'Bryan read and presented to Mary Louise Scheidt, Chief Deputy
Clerk of the Indian River County Circuit Court, the Proclamation honoring her for her years of
commitment and dedicated service to the County.
Chief Deputy Scheidt thanked the Board for the Award and credited her Boss,
Jeffrey K. Barton, and staff for her success.
January 20, 2009
B. PRESENTATION OF PROCLAMATION HONORING ARZELLA
HATFIELD ON HER RETIREMENT EFFECTIVE JANUARY 22, 2009
Commissioner Solari read and presented to Arzella Hatfield, Supervisor of the
Finance Department of the Indian River County Circuit Court, the Proclamation honoring her for
her years of dedicated service to the County.
Administrator Baird commended Ms. Hatfield for a job well done, stating that Ms.
Hatfield was almost impossible to replace, and that there was no one who could have done the
job better than her.
C. PRESENTATION OF PROCLAMATION DESIGNATING JANUARY 18-24,
2009, AS HAZARDOUS MATERIALS AWARENESS WEEK
Commissioner Wheeler read and presented the Proclamation to Sheryl Dunn of the
Solid Waste Disposal District, who updated the Board on Mercury disposal and its effects on
humans.
Himanshu Mehta of the Solid Waste Disposal District informed the Board of its
upcoming electronics waste disposal event at the Indian River Mall, this weekend.
D. PRESENTATION OF PROCLAMATION DESIGNATING THE MONTH OF
FEBRUARY AS FOUR CHAPLAINS INTERFAITH MEMORIAL MONTH
Chairman Davis read and presented the Proclamation to Ernest Heaton, a survivor
of the Dorchester tragedy.
January 20, 2009
Mr. Heaton was pleased that the County had set aside a month to honor the
memory of the Four Chaplains.
E. PRESENTATIONBYJIMBASS, PIPER AIRCRAFT, INC.
Jim Bass, President of Piper Aircraft, Inc., presented a status report on Piper, but
first gave a brief overview of how Piper views the current economic environment. He reported
on Piper's State of Affairs; on the expenditure of Project Osprey Funds; on Piper's commitment
to Indian River County and the State of Florida; and on Piper's "Go Forward" strategy.
Mr. Bass referenced the current state of the economy, which he blamed for a
fundamental restructuring of Piper, and the reduction in demand over the last several months.
He outlined how Piper has taken steps to try and preserve as many jobs as possible, by reducing
their workweek from 5 to 4 days, instead of having a major layoff. However, he said Piper was
better positioned than most companies in general aviation to weather a "perfect financial storm",
because they have an extremely diverse customer base, and sell not only to flight schools,
owners and operators, but also all around the world. He also reported on how funds are being
spent for Project Osprey, noting that that most of their money is spent in Indian River County
and in Florida.
Mr. Bass highlighted actions that would help Piper, like the stabilization of the
world and US markets with improved liquidity and purchasing confidence; as well as,
continuation of the bonus depreciation tax policy; elimination of Florida sales tax on out of state
aircraft purchases; state incentives to buy local for flight training schools and other; and
continued support from community and state leadership for economic development without
sacrificing our quality of life. He urged everyone to buy local, and acknowledged and expressed
appreciation for all the community support Piper has received.
January 20, 2009
Commissioner Wheeler, commenting on the sales tax, was curious as to how the
State rationalizes or justifies the sales tax for cars purchased and registered outside of the State
but later returned to Florida.
Mr. Bass's understanding was that there is an exemption for the boat industry;
however, the aviation industry was not put into the Florida Tax Code.
House Representative Ralph Poppell described the legislative efforts, last year,
of trying to get a Bill that would rectify the purchasing of aircraft, not only in Florida, but out of
Florida, and for bringing purchases into Florida. The law, as written, stated that if you sat on a
board of directors or if you had a second home or business here, or if you had some tie to
Florida, the Department of Revenue would look at that as though you were trying to circumvent
paying the taxes, which was in most cases, erroneous. He said there was no real answer to what
the State does or doesn't do; and the truth is, there are no teeth in that law that would allow the
DOR to go after someone and collect; and that was not only mistreating the wrong people but
sending the wrong message.
Representative Poppell reported that Bill No. 51 will be coming out later this
year and it attempts, from a tax standpoint, with the southeastern states, that you can go to South
Carolina, buy the same aircraft that you would buy in Florida and if it was one of Piper's top line
aircraft instead of a $2 million airplane in Florida, you would pay your normal 6% on that plus
whatever the county's fees are, depending on what State you are in. He said aircraft purchasing
in the State of Florida, like flight school, is a wonderful idea; and they are looking into that along
with Enterprise Florida and the Governor's office of what they can do to incentivize the flight
schools to buy in Florida.
Commissioner Wheeler offered the County's assistance to make this endeavor
happen, perhaps through resolution or with our Lobbyist.
January 20, 2009
Representative Poppell said sending something to the Senate, the Speaker or the
Governor's Office, with a copy to him, would be very helpful.
Commissioner Wheeler asked Representative Poppell to send whatever pertinent
information he has that he thinks could make a stronger resolution from the Board. He thereafter
thanked Mr. Bass and Representative Poppell for the reports.
Commissioner O'Bryan, commenting on Piper's reduced work week, wanted
everyone to be aware that there is a state unemployment benefit for those workers whose hours
were reduced. He lauded Piper's efforts of trying to keep employees on the payroll and for doing
the right thing with the money.
Administrator Baird also thanked Mr. Bass, noting that Piper is our success story
in these bad times, and he did not think they could have done it without the leadership of Jim
Bass, who has done a tremendous job bringing the community together, as well as the business
leaders. He applauded Piper's management team.
F. PRESENTATION ON CHILDREN'S SERVICES BY BRAD BERNAUER,
HUMAN SERVICES; KIP JACOBY, CHAIRMAN, GRANT REVIEW SUB-
COMMITTEE; AND RONNIE HEWETT, PRESIDENT, BOYS AND GIRLS
CLUB
Brad Bernauer, Director of Human Services, noted that every single dollar the
County gives to the Children's Services goes directly to the Agency and their programs for the
children in this County; and every dollar reduced for the upcoming year would be taking away
from the children or one of the programs that services them. Currently they are funding nineteen
(19) different programs for the children in this County.
January 20, 2009
Ron Hewitt, CEO, Boy and Girls Club of Indian River County, talked about the
funding received from the County and residents, and by way of a slide presentation, he presented
a brief overview of the Club's Mission. He also explained why their programs are important and
the needs they are filling; their program results and the impacts they are having on the youths of
Indian River County; the benefits to the taxpayer; and what would happen if they lost CSAC
funding.
The Chairman called a break at 10:44 a.m., and reconvened the meeting at 11:01
a.m., with all members present.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS NOT REQUIRING BOARD ACTION
Commissioner Wheeler asked to pull for discussion Items 7.E. & 7.F.
A. 2009 ELECTION OF METROPOLITAN PLANNING ORGANIZATION
(MPO) CHAIRMAN AND VICE CHAIRMAN
B. 2009 ELECTION OF ENTERPRIZE ZONE DEVELOPMENT A GENCY
(EZDA) CHAIRMAN AND VICE CHAIRMAN
C. 2009 ELECTION OF UTILITY ADVISORY COMMITTEE (UAC)
CHAIRMAN AND VICE CHAIRMAN
D. APPOINTMENT OF CITY OF VERO BEACH ALTERNATES TO THE
COUNTY ECONOMIC DEVELOPMENT COUNCIL AND THE TOURIST
DEVELOPMENT COUNCIL
January 20, 2009
E. RESIGNATION OF DISTRICT 3 APPOINTEE TO THE PLANNING &
ZONING COMMISSION
Commissioner Wheeler thanked outgoing Planning & Zoning
Commissioner Craig Fletcher for the four years that he served; thanked him for his time
and effort and for a job well done.
F. APPOINTMENT OF DISTRICT 3 APPOINTEE TO THE PLANNING &
ZONING COMMISSION
Commissioner Wheeler introduced Jens Tripson who is the new appointee
to the Planning & Zoning Commission, replacing P&Z Commissioner Craig Fletcher.
G. RESIGNATION OF AGRICULTURAL COMMUNITY INTEREST
APPOINTEE TO THE LAND ACQUISITION ADVISORY COMMITTEE
H. RESIGNATION OF BOARD OF COUNTY COMMISSIONER (BCC)
APPOINTEE TO THE ECONOMIC DEVELOPMENT COUNCIL
8. CONSENT AGENDA
Commissioner O'Bryan asked to pull, for discussion, Item 8.C.
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Consent Agenda, as amended.
January 20, 2009
8.A. APPROVAL OF WARRANTS AND WIRES - DECEMBER 30, 2008 THRU
JANUARY 8, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the list of Warrants and Wires for the time
period December 30, 2008 through January 8, 2009, as
recommended in the memorandum of January 8, 2009.
8.B. DORI SLOSBERG DRIVER EDUCATION SAFETY ACT, INDIAN RIVER
COUNTY TRAFFIC EDUCATION PROGRAM TRUST FUND
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
accepted the Indian River County Traffic Education
Program Trust Fund Report of revenues and expenditures
from the inception of the $3.00 fee, as recommended in
the memorandum of January 14, 2009.
8.C. OUT OF COUNTY TRAVEL TO ATTEND THE TREASURE COAST
LEGISLATIVE CONFERENCE IN TALLAHASSEE
Commissioner O'Bryan, in an effort to avoid duplication, announced that he was
slated to attend the Florida Association of Counties Conference, on March 25, 2009, in
Tallahassee, and wanted to know who else would be attending. Commissioner Solari said he
was also slated to attend said Conference on March 25, 2009.
January 20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved out -of -county travel for Commissioners and staff
to attend the 20th Annual Treasure Coast Legislative
Conference in Tallahassee, from March 10 — 12, 2009, as
requested in the memorandum of January 8, 2009.
8.D. RELEASE OF RETAINAGE AND FINAL PAYMENT TO GIANETTI
CONTRACTORS, INC., FOR THE WABASSO SUBAQUEOUS FORCE
MAIN & WATER MAIN REPLACEMENT PROJECT UCP -960
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the release of retainage and final payment to
Gianetti Contractors, Inc., in the amount of $111,406.00,
as recommended in the memorandum of January 6, 2009.
8.E. AMENDMENT No. 8 TO THE PROFESSIONAL ENGINEERING/LAND
SURVEYING SERVICES AGREEMENT WITH KIMLEY-HORN AND
ASSOCIATES, INC., FOR OSLO ROAD WIDENING PHASE I FROM
WEST OF OLD DIXIE HIGHWAY TO 27T11 AVENUE — PARTIAL
RELEASE OF RETAINAGE
January 20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved payment of Kimley-Horn Associates, Inc.'s
Invoice No. 7035046-1008, dated October 31, 2008, in the
amount of $2,067.00 for release of retainage for the
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roadway alignment modifications lump sum task, as
recommended in the memorandum of January 13, 2009.
B.F. RELEASE OF RETAINAGE AND A RECONCILIATION CHANGE ORDER
FOR CONSTRUCTION OF THE MAIN RELIEF CANAL POLLUTION
CONTROL FACILITY
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously: (1)
approved Reconciliation Change Order No. 010 for a
construction contract decrease of $56,587.53; (2)
authorized release of retainage in the amount of
$183,652.40 to Lucas Marine Construction, LLC; and (3)
did not impose liquidated damages, as recommended in
the memorandum of January 9, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. PARTIAL RELEASE OF RETAINAGE — WORK ORDER #3, COASTAL
TECHNOLOGY CORPORATION, INC., SECTOR 3 BEACH
RESTORATION
January 20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved partial release of retainage, to Coastal
Technology Corporation, Inc., as recommended in the
memorandum of January 9, 2009.
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8.H. PROCLAMATION AND RETIREMENT AWARD HONORING HOLLY
TAYLOR ON HER RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTILITY
SERVICES
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Proclamation honoring Holly Taylor for
outstanding performance and faithful service to Indian
River County.
8.1. PROCLAMATION AND RETIREMENT AWARD HONORING KATHERINE
SLUSSER ON HER RETIREMENT FROM INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS SOLID WASTE DISPOSAL
DISTRICT
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Proclamation honoring Katherine Slusser for
outstanding performance and faithful service to Indian
River County.
8.J. PROCLAMATION PRESENTING THE LIVING LEGEND AWARD TO
TOMMYLASORDA
January 20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
approved the Living Legend Award to Tommy Lasorda.
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(Clerk's Note: Item 14.B. was moved up and heard at this point, but placed in
numerical order below, for continuity.)
9.A. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES - NONE
10. PUBLIC ITEMS -
A. PUBLIC HEARINGS
1. SUNNYSIDE UP 1, LL C'S REQUEST TO REZONE APPROXIMATELY
40.3 ACRES FROM RM -6, RESIDENTIAL MULTI -FAMILY DISTRICT
(UP TO 6 UNITS/ACRE), AND RM -8, RESIDENTIAL MULTI -FAMILY
DISTRICT (UP TO 8 UNITS/ACRE), TO PDTND (PLANNED
DEVELOPMENT TRADITIONAL NEIGHBORHOOD DESIGN) AND
OBTAIN CONCEPTUAL PD PLAN APPROVAL FOR A PROJECT TO BE
KNOWN AS SUNNYSIDE UP (LEGISLATIVE)
Planning Director Stan Boling, through a PowerPoint Presentation, provided
background on the request by Sunnyside Up 1, LLC, to rezone approximately 40.3 acres of
property from RM -8 to Planned Development Traditional Neighborhood Design, which property
is located on the south side of 26th Street, between 58th Avenue and 66th Avenue, adjacent to the
Indian River Mall. County Staff and the Planning & Zoning Commission recommended
approval of the PDTND and the conceptual PD Plan, with the conditions outlined at pages 78-79
of the backup.
Director Boling responded to questions and comments from the Board regarding
encroachment into the wetlands, trees to be avoided, public benefits, MPO greenways plan,
culverting of the canal, completion of single-family units, and the reasons for the 10 -year
reverter.
January 20, 2009
13
The Chairman opened the Public Hearing.
Richard Bialosky of Reef Road believed this type of mixed use community is best
for the County.
Commissioner O'Bryan asked Mr. Bialosky if, in their architectural plans, they
would be incorporating sustainable building practices, and Mr. Bialosky answered affirmatively.
Bob Johnson, Coral Wind Subdivision, wanted to hear more of what is planned
for the Town Center.
There were no other speakers and the Chairman closed the Public Hearing.
Mr. Bialosky, responding to Mr. Johnson, explained the composition of the Town
Center.
Commissioner Wheeler questioned Mr. Biolosky regarding access and inter-
connectivity for the walking public.
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Chairman Davis, to approve staff's
recommendation.
Commissioner O'Bryan supported the Motion based on the benefits of a traditional
neighborhood design, but for the fact that this is entirely within the Urban Service Area, and it is
an individual property owner's right to decide when they want to move forward and develop the
property, he was concerned we have a lot of vacant space around there, and hoped that we don't
go in, clear the sites, put the roads in, then come to a grinding halt and have a bunch of dirt
January 20, 2009
14
sitting there like everyone else. He expressed his faith that Mr. Bialosky would do the right kind
of development.
Commissioner Wheeler echoed Commissioner O'Bryan's comments.
ON MOTION by Vice Chairman Flescher, SECONDED
by Chairman Davis, the Board unanimously: (1) approved
the Planned Development Traditional Neighborhood
Design (PDTND) and the conceptual PD Plan, with
conditions as recommended in the memorandum of
January 12, 2009 (pages 78-79 of the backup); and
(2) adopted Ordinance 2009-001 amending the zoning
Ordinance and the accompanying zoning map from RM -8,
Residential Multi -family (up to 8 units/acre), and RM -6,
Residential Multi -family (up to 6 units/acre), to PDTND,
Planned Development Traditional Neighborhood Design,
for approximately 40.3 acres of land generally located on
the south side of 26th Street between 58th Avenue and 66th
Avenue, just north of the Indian River Mall and described
herein and providing for an effective date.
10.B. PUBLIC DISCUSSION ITEMS
I. REQUEST TO SPEAK FROM TODD C. MARSHALL, STOW -A -WAY
STORAGE REGARDING CONSIDERATION OF TEMPORARY
MORATORIUM ON PROHIBITING SIGNS AND BUSINESS PROMOTION
AS CURRENTLY WRITTEN IN THE CODE
Todd Marshall, 5355 U.S. Highway 1, Owner of a local business in the County
(Stow -Away Self Storage), requested that the County, through Community Development,
January 20, 2009
15
consider a Moratorium on certain portions of the Sign Code; and/or a softening of the Code
itself, for a time unknown, to help local business owners get through these rough economic
times.
Mr. Marshall said that as small business owners, visibility is a big thing for them;
and it was not about just making more money; it was about survival. He begged the Board to
allow business owners to put up certain banners and/or business promotional materials; things
that are temporary, to help them promote business. He gave an example of what was done in
Amelia Island to allow small businesses to put up a small banner.
Chairman Davis has had complaints about our sign ordinance and he questioned
Director Keating on whether there was a way for us to improve upon this.
Director Keating said the whole issue comes down to aesthetics. He noted that our
sign code is very strict, and he revealed that County staff and staff from the Cities of Vero Beach
and Sebastian are currently working together, looking at the sign codes; and one of the themes is
to limit these temporary signs. He believed it was a completely aesthetically discretionary
decision, with the question of how we want the County to look.
Mr. Marshall said the additional signage is not about outdoing the man down the
block; it is making people know that they do exist through visibility. He asked if business
owners could put out a reasonable amount of additional signage.
Director Keating said staff could work with owners whose signs are being blocked
by trees or vegetation.
Commissioner O'Bryan understood Mr. Marshall's concerns, and wanted staff to
come back with recommendations of where they could loosen up, maybe 100 feet, to allow
owners to identify their businesses.
January 20, 2009
16
Commissioner Solari said they could discuss that at the upcoming Economic
Summit on February 5, as well.
Mr. Marshall accepted the Board's suggestion for him to meet with Director
Keating to see what they could work out.
There was CONSENSUS for Staff to return to the second
Board meeting in February with recommendations.
10.C. PUBLIC NOTICE ITEMS - NONE
11. COUNTY ADMINISTRATOR MATTERS
A. PROPOSED ECONOMIC STIMULUS PROJECTS
Administrator Baird presented to the Board for consideration, a proposed
Economic Stimulus Project list, requesting that the Board direct staff on any additions, deletions,
or corrections to the list.
Chairman Davis inquired where was the SR 60 project reimbursement from the
FDOT for us advancing the funds.
Administrator Baird said that at the MPO they are writing letters to the District
office and to the State Legislature asking if we are doing that; but he would add that to the list to
get reimbursed.
Commissioner O'Bryan suggested they add to the list some of the non -profits that
have projects ready to go.
January 20, 2009
17
B. DISCUSSION REGARDING LOBBYISTS
County Administrator Joseph Baird believing that this was the year to hire a
Lobbyist, if the County desired, asked the Board for direction on whether they want to contract
with a Federal Lobbyist, and if so, how they would like the selection to go. He noted that money
was still in the budget from last year when they cut our Federal Lobbyist.
Commissioners and Administrator Baird debated the need and feasibility of
retaining the services of a Lobbyist.
MOTION WAS MADE by Commissioner Solari,
SECONDED by Commissioner Wheeler, to go ahead with
a contract for a Lobbyist, with Commissioner Solari being
the point person, and that Administrator Baird return with
a list of three names for Board consideration and selection.
Bob Johnson suggested we have our Lobbyist specialize in green/environmental
activities to make sure we get our share of the pot when it comes to environmental issues. He
believed we also needed someone who specializes in banking credits as well.
January 20, 2009
The Chairman CALLED THE QUESTION and the
Motion carried unanimously, approving for staff to go
ahead with a contract for a Lobbyist, with Commissioner
Solari being the point person, and that Administrator Baird
return with a list of three names for Board consideration
and selection.
18
12. DEPARTMENTAL MATTERS
12.A COMMUNITY DEVELOPMENT - NONE
12.B. EMERGENCY SERVICES - NONE
12.C. GENERAL SERVICES
1. APPROVAL OF CONTRACT WITH THE HEVERON GROUP, INC., D/B/A
BEACHLAND CLEANING SERVICES FOR CUSTODIAL SERVICES
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Solari, the Board unanimously approved
the contract with the Heveron Group, Inc., d/b/a
Beachland Cleaning Services, and authorized the
Chairman to execute the Agreement as prepared and
approved by the County Attorney's office and executed by
the Contractor, subject to the acceptance of insurance
certificates by the Risk Manager. This annual contract
may be renewed for two (2) additional one (1) year
periods subject to vendor acceptance, satisfactory
performance and staff's determination that a renewal
would be in the best interest of the County, as
recommended in the memorandum of January 13, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.D. HUMAN RESOURCES - NONE
January 20, 2009
19
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12.G. OFFICE OF MANAGEMENT AND BUDGET
1. FINANCIAL UPDATE ON THE 2008/2009 BUDGET
Budget Director Jason Brown presented a Financial Year 2008/09 Outlook on the
County's Budget, and responded to questions from the Board regarding inter -fund borrowing.
Administrator Baird said this is the first of many reports throughout the year,
during which period staff would be making adjustments and would keep the Board informed.
The Chairman called a break at 12:53 a.m., and reconvened the meeting at 1:18
p.m., with Attorney DeBraal absent.
12.H. RECREATION - NONE
12.I. PUBLIC WORKS - NONE
12.J. UTILITIES SERVICES - NONE
January 20, 2009
20
13. COUNTY ATTORNEY MATTERS
A. UNCONDITIONAL OFFER FOR PARCEL OF PROPERTY OWNED BY
MATTHEW AND HILDA HARBOURT 3675 66'H AVENUE, VERO
BEACH
(Clerk's Note: This item was heard following Commissioner Solari's Matters,
Item 14.E. Attorney DeBraal rejoined the Meeting at 1:20 p.m.)
Deputy County Attorney William DeBraal updated the Board on the subject
property and presented staff's recommendation for the Board to approve an unconditional offer
to purchase the necessary right-of-way from Mr. & Mrs. Harbourt at a price of $314,870.00, and
an unconditional offer to purchase the entire parcel for $603,750.00.
Attorney DeBraal responded to questions from the Board regarding the closeness
of the 3 -acre parcel to the corner of the house; the necessity for partial versus full take; what
would be done with the grove if we take the whole parcel; the usability of the property in light of
the take; and whether the owners have a preference for full versus partial take.
Commissioner Solari suggested that language be added to the recommendation
offering the option of other negotiations if the other party is interested.
Commissioner O'Bryan's idea was for us to buy the top square of the parcel,
where the yard is, and the remainder of the grove stays with the western parcel.
Attorney DeBraal said that was one possibility and another would be to give them
ingress/egress off of 37th Street, rather than 66th Avenue.
January 20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Vice Chairman Flescher, the Board unanimously
21
approved an unconditional offer to purchase the necessary
right-of-way from Mr. And Mrs. Harbourt Brown at a
price of $314,870.00 and an unconditional offer to
purchase of the entire parcel for $603,750.00, and that the
Harbourts be informed that the County was open to other
alternatives/negotiations.
13.B. AMENDED RESOLUTION OF NECESSITY FOR A PARCEL OF
PROPERTY LOCATED ON 16TH STREET BETWEEN 66TH AND 74TH
AVENUES
Deputy County Attorney William DeBraal updated the Board on the subject
property, pointing out that this is simply a correction of a property description, and
recommending that the Board approve the proposed resolution.
January 20, 2009
ON MOTION by Commissioner O'Bryan, SECONDED
by Commissioner Solari, the Board unanimously approved
Resolution 2009-005 amending Resolution 2008-123,
declaring a reasonable necessity to acquire certain real
property for the purposes of improving and reconstructing
16th Street, including sidewalk improvements; authorizing
the County Attorney to acquire the attached properties by
the institution of proceedings in eminent domain, and
providing an effective date.
22
14. COMMISSIONERS' ITEMS
A. COMMISSIONER WESLEY S. DAVIS, CHAIRMAN
1. COMMITTEE APPOINTMENTS DISCUSSION
Chairman Davis invited comments from the public.
Attorney DeBraal updated the Board on the County Attorney's recommendations,
noting that we need to follow the Ordinance, and if it needed to be changed, we should do so
intelligently.
The Board discussed how best to approach appointments to committees.
Charlie Wilson, 1057 6th Avenue, believed that people who want to get on these
Boards should have a hearing, giving them the opportunity to be reviewed instead of having
automatic placements back on committees. He argued that because of that, there are some
people serving for almost twenty years. He suggested the Board, at some point, look at other
alternatives.
Chairman Davis discussed the issues of a vacancy versus the expiration of a term.
Commissioner O'Bryan referenced certain Boards/Committees that are not able to
meet because of expired terms or no quorum, and felt they needed to address this issue today. He
believed attorney and liaisons should meet and discuss the matter. He suggested a blanket
reappointment of all the expired terms as they have done over the past three years, and in the
event the people want to serve.
Vice Chairman Flescher said he would place discussion of Resolution 112 on next
week's Agenda to address the issues of how said resolution has affected the crafting or design of
January 20, 2009
23
these committees. Board members continued to discuss the expiration of terms at the same time,
and whether to stagger or reappoint everyone to a one-year term.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to reappoint all
the expired terms for a one-year term.
Cindy Falco, Sebastian, expressed her desire to apply for a position on the
Tourism Committee. She said Mr. Conn who is also in the hospitality industry would like to fill
one of those seats as well.
Mr. Wilson pointed out that Tourist Development has three expirations and they
are 4 -year terms, and if the Board does this, it would effectively lock in people who have been
there since 1989, for another three years.
Commissioner O'Bryan said that was technically incorrect and explained the
Motion for a one-year term.
Commissioner Wheeler suggested they leave things the way they are and extend
the term to two weeks. Commissioner Wheeler also suggested they could extend for a couple of
weeks to keep business rolling, and each Commissioner come back to the Board with a list of
recommendations for final consideration.
MOTION WAS AMENDED by Commissioner O'Bryan,
SECONDED by Commissioner Solari, for a three-month
blanket reappointment of all expired terms.
Mr. Wilson though it was an excellent suggestion.
January 20, 2009
24
The Chairman CALLED THE QUESTION and the
Motion carried unanimously, approving a three-month
blanket reappointment of all expired terms.
B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN
1. CONGRESSMAN BILL POSEY
(Clerk's Note: this item was moved up and heard after the Consent Agenda, but
placed here for continuity.)
Vice Chairman Flescher asked the Board to consider designating an office space
within the County Administration Building for Congressman Bill Posey. He thought it would be
a tremendous asset to the community for the Congressman to have a satellite office in Indian
River County. He suggested the office in the back of the Chambers could be utilized for that
purpose.
Kathryn Rudloff, District Director, on behalf of Congressman Posey, thanked the
Board for consideration of this great opportunity. She explained what their hope for this satellite
office would entail, and felt the facility shown to her, and mentioned by Vice Chairman Flescher,
would be ideal.
Chairman Davis, not knowing whether or not the space would be conducive to the
desires of the Congressman, thought the area suggested might not be readily accessible to
members of the public, and suggested another location be looked at, especially with accessibility
in mind.
Commissioner Wheeler recommended that Administrator Baird look at other
available spaces and return to the Board with options.
January 20, 2009
25
MOTION WAS MADE by Vice Chairman Flescher,
SECONDED by Chairman Davis, to accord office space
in the Administration building to Congressman Bill Posey.
Commissioner O'Bryan liked the idea of having a satellite office for the
Congressman, but was not in favor of it being in the secured area, because it would prevent easy
access. He suggested Administrator Baird and Director Frame collaborate on the issue and
return with recommendations.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously, granting approval for office
space to be identified in the County Administration
building to accommodate Congressman Bill Posey.
14.B.2. COUNTY ADMINISTRATOR'S CONTRACT
Vice Chairman Flescher reviewed the monetary value, including severance payout
and current salary, of the County Administrator's contract. He stated that his public and private
concerns over the past year, with the contract, have compelled him to place this item on the
Agenda for discussion. He clarified that this was a personnel not a personal matter, and wanted
to discuss and make some changes for the community at large because of the current stressed
economy. He believed the community deserves a full open government and that was what he
expected of Administrator Baird.
Among Vice Chairman Flescher's areas of concern was the shroud of secrecy that
surrounds certain projects such as Dodger Town and the Orioles as a replacement team. There
was also the right-of-way issue and how it was handled by staff; the handling of the 66th Avenue
project; and the attempted purchase of the Library parcel, which was placed on the Consent
January 20, 2009
26
Agenda. Above all, he was not happy with responses he got from Administrator Baird to his
inquiries. The dismissal of employees and notice provision was another area of concern for him
and he voiced his disapproval of Administrator Baird's "autocratic" style of management.
Administrator Baird addressed the issue of the Library land purchase and how it
came about; explained the cut back on right-of-way issues; and presented a chronology of the
Dodgers' departure. He referenced criticism he took over the Piper issues, pointing out how that
has since changed for the better of our community. He offered his commitment to try to get a
baseball team here, and dismissed the allegations of being secretive, explaining the requirements
for the non -release of information during certain stages of negotiations. He justified his actions
in the handling of certain matters and defended his management style by acknowledging that
sometimes management styles are not what one would like.
Vice Chairman Flescher wanted to see more openness to all Commissioners,
members of the County, and staff. He also wanted Administrator Baird to assume more
accountability and responsibility in response to queries. He wanted to ensure the best of
communications at all times.
Commissioner Wheeler, referring to Administrator Baird's contract, reiterated, as
he had done over the past years, his opposition to certain provisions of the contract. Before
airing his concerns, Commissioner Wheeler acknowledged the open relationship he has had with
Administrator Baird; he appreciated that Administrator Baird has had some strong conversations
with him and he doesn't hold back; he has never not gotten answers from him and has clearly
understood him; he believes there are certain things that have to be confidential; and
Administrator Baird is as good as anyone else when it comes to crisis and fiscal management
doing the job. However, he and Administrator Baird do not agree on management styles; and
that is understood and accepted by both.
January 20, 2009
27
Commissioner Wheeler's first concern was with Section 9 of the contract, where it
is stated that the Administrator can resign under pressure from one or more Commissioner. He
disagreed with that clause.
MOTION WAS MADE by Commissioner Wheeler to
delete the language in Section 9 of the contract that states
that the County Administrator can resign under pressure
from one or more commissioners. There was no
SECOND. MOTION DIED.
Chairman Davis questioned the appropriateness or legality of removing clauses
from a signed contract.
Attorney DeBraal explained that the Board could revise or change the terms of the
contract, but only with Administrator Baird's consent.
Administrator Baird, in response, said he would exercise his contract.
MOTION WAS MADE by Commissioner Wheeler to
remove the statement in Section 8 of the contract that
states, "... giving the Administrator 90 days Notice for
termination." There was no SECOND. MOTION DIED.
While Commissioners debated the pros and cons of the 90 -day Notice,
Commissioner Wheeler clarified that his reason for the above Motion, was not a criticism of Mr.
Baird, but of the contract.
Commissioner Solari pointed out the inappropriateness of the Motions, especially
that they lacked a Second, and although he agreed that there were certain terms in the contract
January 20, 2009
28
that he would not have voted for, the contract is still in force and the Board had signed it. He felt
this was an inappropriate forum to go through the terms one by one just to show disapproval.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to not make any
changes to the contract and move forward.
Vice Chairman Flescher asked if Administrator Baird had any comments about the
conversations that took place, and whether there was a level of understanding and commitment
that may have developed as a result of their discussions last night.
Commissioner Solari repeated that this was inappropriate discussions for this
venue and any further discussions should be in either Mr. Baird's office or the Commissioner's
office after this meeting, and that this was not fair to Mr. Baird. Vice Chairman Flescher agreed.
The Chairman CALLED THE QUESTION and by a 4-1
vote (Commissioner Wheeler dissenting), the Board
approved to not make any changes to Administrator
Baird's contract and to move forward.
Administrator Baird thanked all Commissioners for their comments and looked
forward to moving the organization forward in a positive fashion.
January 20, 2009
29
C. COMMISSIONER GARY C. WHEELER
1. SECURITY SYSTEM INSTALLATION FOR THE GIFFORD SECURITY
HousE
Commissioner Wheeler requested installation of a security system at the Gifford
Security House, the residence of Deputy Teddy Floyd, which was recently burglarized. The
system would be of no cost to the County.
ON MOTION by Commissioner Solari, SECONDED by
Vice Chairman Flescher, the Board unanimously approved
the installation of a 24-hour monitored security system in
the Gifford Security House, with Deputy Floyd being
responsible for paying the one-time $30.00 Alarm User
Permit Fee and the monthly monitoring fee of $19.00, as
requested in the memorandum of January 14, 2009.
D. COMMISSIONER PETER D. O'BRYAN - NONE
E. COMMISSIONER BOB SOLARI
1. ECONOMIC DEVELOPMENT SUMMIT
(Clerk's Note: this Item was heard prior to Item 13.A., County Attorney's Matters
and is placed here for continuity.)
Commissioner Solari updated the Board on the upcoming Economic Development
Summit and proposed matters to be discussed and implemented. He announced that the possible
location would be at the Assembly of God in Vero Beach, at 9:00 a.m., on February 5, 2009.
January 20, 2009
30
Commissioner O'Bryan explained what he envisioned for the PM/afternoon
meeting, and asked that each Commissioner present a list of their goals, for review, prior to the
meeting.
It was suggested that other venues be considered, including the City Council
Chambers at the City of Sebastian, if the aforementioned venue was not available.
15. SPECIAL DISTRICTS AND BOARDS
A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the regular
meeting of the Board of County Commissioners, the Board would reconvene as the Board of
Commissioners of the Emergency Services District. Those Minutes are being prepared
separately and are appended to this document.
1. APPROVAL OF MINUTES REGULAR MEETING OF DECEMBER 9,
2008
2. LETTER OF AGREEMENT FOR PERSONS WITH SPECIAL NEEDS
3. HEALTH SCIENCE STUDENT(S) EXPERIENCE AGREEMENT
BETWEEN INDIAN RIVER STATE COLLEGE AND INDIAN RIVER
COUNTY DEPARTMENT OF EMERGENCY SERVICES
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency
Services District Board Meeting, the Board would reconvene as the Board of Commissioners of
January 20, 2009
31
BK 13e bC et+r'
the Solid Waste Disposal District. Those Minutes are being prepared separately and are
appended to this document.
1. APPROVAL OF FLORIDA POWER & LIGHT (FPL) EASEMENT FOR
THE FELLSMERE CUSTOMER CONVENIENCE CENTER
C. ENVIRONMENTAL CONTROL BOARD - NONE
16. ADJOURNMENT
There being no further business, the Chairman declared the Meeting adjourned at
2:41 p.m.
ATTEST:
Ts.learton Clerk
Minutes Approved: MAR 7 2009
January 20, 2009
es ey S. Davis, Chairman
32
II 136 PG 645