HomeMy WebLinkAbout12/01/2009 (2)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 1, 2009
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS 2
4.A. MOVED: ITEM 8.W. PUBLIC NOTICE ITEMS - REQUEST TO SET A PUBLIC HEARING
DATE REGARDING AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS B CERTIFICATE FROM WE CARE
OF THE TREASURE COAST TO PROVIDE NON -EMERGENCY BLS AMBULANCE
INTERFACILITY TRANSPORTS TO ITEM 10.0 2
4.B. DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM DETHRICE KYLES / INDIAN RIVER
JAGUARS REGARDING REFUND, CIVIL RIGHT TO PUBLIC PROPERTY 2
5. PROCLAMATIONS AND PRESENTATIONS 2
5.A. PRESENTATION OF PROCLAMATION HONORING VERNITA SHEPHARD ON HER
RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY
1
December 1, 2009
COMMISSIONERS DEPARTMENT OF HUMAN SERVICES FOR THIRTY-ONE YEARS
OF SERVICE 2
5.B. PRESENTATION BY INDIAN RIVER COUNTY CHAMBER OF COMMERCE
REGARDING RESOLUTION AFFIRMING THE CHAMBER'S SUPPORT OF BEACH
RENOURISHMENT 3
6. APPROVAL OF MINUTES - NONE 3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARD ACTION 3
7.A. CITY OF SEBASTIAN APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL
BOARDS FOR 2009-2010 3
7.B. SERVICES AGREEMENT BETWEEN THE COUNTY AND THE SCHOOL DISTRICT
REGARDING BACKGROUND CHECKS AND FINGERPRINTING OF VOLUNTEERS 3
8. CONSENT AGENDA 3
8.A. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 5✓ 6, 2009 TO NOVEMBER
12, 2009 4
8.B. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 13, 2009 TO NOVEMBER
19, 2009 4
8.C. RESOLUTION SUPPORTING LOCAL LEGISLATION TO ALLOW THE CITY OF VERO
BEACH ELECTRIC UTILITY TO BE PLACED UNDER THE PUBLIC SERVICES
COMMISSION CONTROLS 4
8.D. RESOLUTION IN SUPPORT OF NAMING A PORTION OF S.R. 60 AS "THE RICHARD
RACZKOWSKI MEMORIAL HIGHWAY" 5
8.E. RESOLUTION EXPANDING THE POWERS AND DUTIES OF THE UTILITY ADVISORY
COMMITTEE 5
8.F. WOODSIDE TRILLIUM, LLC'S REQUEST FOR A FINAL PLAT APPROVAL FOR A
REPLAT OF A PORTION OF TRILLIUM WEST TO BE KNOWN AS DREXEL PARK II
RESIDENTIAL SUBDIVISION 6
8.G. M.A.C.E. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT) GRANT, PROJECT
GENERATED INCOME, MISCELLANEOUS BUDGET AMENDMENT 002 6
2
December 1, 2009
8.H. MISCELLANEOUS BUDGET AMENDMENT 001 6
8.I. APPROVAL OF BID AWARD FOR IRC BID NO. 2010015 ANNUAL BID FOR
ALUMINUM SULFATE, UTILITIES DEPARTMENT/UTILITIES OPERATIONS CENTER 7
8.J. VERO INVESTMENTS 53, LLC'S REQUEST FOR FINAL PLAT APPROVAL FOR A
COMMERCIAL SUBDIVISION TO BE KNOWN AS 53RD STREET/US1 COMMERCIAL 7
8.K. FDOT SMALL COUNTY OUTREACH PROGRAM (SCOP) AGREEMENT AND
AUTHORIZING RESOLUTION FOR RESURFACING OF OLD DIXIE HIGHWAY FROM
U.S. HwY 1 TO 53RD STREET 8
8.L. CHANGE ORDER NO. 1 AND RELEASE OF RETAINAGE, MISENER MARINE
CONSTRUCTION, INC. 53RD STREET BRIDGE OVER LATERAL H CANAL, IRC
PROJECT NO. 0107B, 56TH PLACE BRIDGE OVER NORTH RELIEF CANAL, IRC
PROJECT NO. 9920B, 16TH STREET BRIDGE AT 74TH AVENUE OVER RANGELINE
CANAL, IRC PROJECT NO. 0611B 8
8.M. AMENDMENT NO. 5 TO THE CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT FOR INTERSECTION IMPROVEMENTS AT SR 60 AND 43RD AVENUE
AND WIDENING OF 43RD AVENUE FROM 18TH STREET TO 26TH STREET 9
8.N. WORK ORDER NO. 14 WITH BRIDGE DESIGN ASSOCIATES, INC., RIGHT OF WAY
PERMIT APPLICATION FOR CONSTRUCTION OF BRIDGE ON 89TH STREET OVER
SRWCD LATERAL D CANAL (CR510) 9
8.0. AWARD OF BID, LANDSCAPING ON 58TH AVENUE FROM OSLO ROAD (9TH STREET
S.W.) TO 16TH STREET, BID 2009053, IRC PROJECT NO. 0916, FDOT LOCAL
AGENCY PROGRAM (LAP) AGREEMENT - FPN No. 426383-1-58-01 10
8.P. RENEWAL OF PROFESSIONAL BRIDGE DESIGN SERVICES AGREEMENT FOR 2009-
2010 10
8.Q. BID AWARD: IRC #1010016 ANNUAL BID FOR HARRIS FX SOFTWARE
SERVICES EMERGENCY SERVICES 11
8.R. OFFICE OF THE MEDICAL EXAMINER, REQUEST TO INCREASE CREMATION
APPROVAL FEES 11
8.S. BLUE CYPRESS LAKE PARK 12
8.T. AMENDMENT No. 4 TO THE CIVIL ENGINEERING AND LAND SURVEYING
AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR INTERSECTION
IMPROVEMENTS AT 58TH AVENUE AND SR 60 12
3
December 1, 2009
8.U. FINAL APPROVAL FOR RECORDING CR 512, PHASE 3, FROM WEST OF CR510 TO
ROSELAND ROAD RIGHT-OF-WAY MAP 14
8.V. FINAL APPROVAL FOR RECORDING OLD DIXIE HIGHWAY (NORTH) US1 TO 69TH
STREET RIGHT-OF-WAY MAP 14
8.W. REQUEST TO SET A PUBLIC HEARING DATE REGARDING AN APPLICATION FOR A
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS B
CERTIFICATE FROM WE CARE OF THE TREASURE COAST TO PROVIDE NON-
EMERGENCY BLS AMBULANCE INTERFACILITY TRANSPORTS 15
8.X. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN INDIAN RIVER
COUNTY AND THE TREASURE COAST REGIONAL PLANNING COUNCIL FOR
CONTINUITY OF OPERATIONS PLAN COMPREHENSIVE UPDATE AND ADDITION
OF INDIAN RIVER COUNTY ADMINISTRATION ANNEX 15
8.Y. APPROVAL OF 2009/2010 AWARD LETTER FOR STATE HOMELAND SECURITY
GRANT PROGRAM 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES 16
9.A. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - DEPARTMENT OF JUSTICE,
BUREAU OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP) 16
9.B. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS - NEW VOTING
EQUIPMENT FOR VOTERS WITH DISABILITIES 16
10. PUBLIC ITEMS 18
10.A. PUBLIC HEARING 18
10.A.1. PUBLIC HEARING ON THE ORDINANCE TO CREATE A NEW "GIFFORD
COMMUNITY CENTER MSTU" (LEGISLATIVE) 18
10.A.2. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION SEWER SERVICE,
INDIAN RIVER COUNTY PROJECT No. UCP 4039, PRELIMINARY ASSESSMENT -
RESOLUTION III (ADMINISTRATIVE) 23
10.B. PUBLIC DISCUSSION ITEMS 24
10.B.1 . REQUEST TO SPEAK FROM DETHRICE KYLES/INDIAN RIVER JAGUARS
REGARDING REFUND, CIVIL RIGHT TO PUBLIC PROPERTY 24
4
December 1, 2009
10.C. PUBLIC NOTICE ITEMS NONE REQUEST TO SET A PUBLIC HEARING DATE
REGARDING AN APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE
AND NECESSITY FOR A CLASS B CERTIFICATE FROM WE CARE OF THE
TREASURE COAST TO PROVIDE NON -EMERGENCY BLS AMBULANCE
INTERFACILITY TRANSPORTS 24
11. COUNTY ADMINISTRATOR MATTERS 25
11.A. MEETINGS OF THE BOARD OF COUNTY COMMISSION - PROPOSED 2010
MEETING DATES 25
12. DEPARTMENTAL MATTERS 25
12.A. COMMUNITY DEVELOPMENT 25
12.A.1. CONSIDERATION OF EMINDFUL INC'S REQUEST FOR A LOCAL JOBS GRANT 25
12.B. EMERGENCY SERVICES - NONE 27
12.C. GENERAL SERVICES - NONE 27
12.D. HUMAN RESOURCES 27
12.D.1. COUNTY ATTORNEY HIRING PROCESS - NARROWING THE FIELD OF
CANDIDATES 27
12.E. HUMAN SERVICES - NONE 28
12.F. LEISURE SERVICES - NONE 28
12.G. OFFICE OF MANAGEMENT AND BUDGET - NONE 28
12.H. RECREATION - NONE 28
12.I. PUBLIC WORKS 28
12.I.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT 28
12.J. UTILITIES SERVICES - NONE 29
13. COUNTY ATTORNEY MATTERS 29
13.A. REALIGNMENT OF 101ST AVENUE/102ND TERRACE 29
13.B. RECONSIDERATION OF ACQUISITION OF RIGHT-OF-WAY ALONG 66TH AVENUE
BANACK FAMILY LIMITED PARTNERSHIP 66TH AVENUE AND 41ST STREET 30
14. COMMISSIONER ITEMS 31
5
December 1, 2009
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE 31
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE 31
14.C. COMMISSIONER WESLEY S. DAVIS- NONE 31
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE 31
14.E. COMMISSIONER GARY C. WHEELER - NONE 31
15. SPECIAL DISTRICTS AND BOARDS 31
15.A. EMERGENCY SERVICES DISTRICT - NONE 32
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE 32
15.C. ENVIRONMENTAL CONTROL BOARD - NONE 32
16. ADJOURNMENT 32
6
December 1, 2009
JEFFREY K. BARTON
Clerk to the Board
December 1, 2009
REGULAR MEETING OF THE BOARD OF COUNTY
COMMISSIONERS
The Board of County Commissioners of Indian River County, Florida, met in Regular
Session at the County Commission Chambers, 1801 27th Street, Vero Beach, Florida, on
Tuesday, December 1, 2009. Present were Chairman Peter D. O'Bryan, Commissioners Wesley
S. Davis, Joseph E. Flescher, and Gary C. Wheeler. Vice Chairman Bob Solari was absent. Also
present were County Administrator Joseph A. Baird, County Attorney William G. Collins II, and
Deputy Clerk Leona Adair Allen.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Father Tri Tang Pham, St. Helen Catholic Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Commissioner Flescher led the Pledge of Allegiance to the Flag.
1
December 1, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
4.A. MOVED: ITEM 8.W. PUBLIC NOTICE ITEMS - REQUEST TO SET A
PUBLIC HEARING DATE REGARDING AN APPLICATION FOR A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR A CLASS B CERTIFICATE FROM WE
CARE OF THE TREASURE COAST TO PROVIDE NON -EMERGENCY BLS AMBULANCE
INTERFACILITY TRANSPORTS TO ITEM 10. C
4.B. DELETION: ITEM 10.B.1. REQUEST TO SPEAK FROM DETHRICE
KYLES /INDIAN RIVER JAGUARS REGARDING REFUND, CIVIL RIGHT TO PUBLIC
PROPERTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Agenda as
amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF PROCLAMATION HONORING VERNITA
SHEPHARD ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF
COUNTY COMMISSIONERS DEPARTMENT OF HUMAN SERVICES FOR THIRTY-ONE
YEARS OF SERVICE
Commissioner O'Bryan read and presented the Proclamation to Vernita Shephard, who
thanked the Board and introduced members of her family, Reverend Young, and his wife.
2
December 1, 2009
S.B. PRESENTATION BY INDIAN RIVER COUNTY CHAMBER OF
COMMERCE REGARDING RESOLUTION AFFIRMING THE CHAMBER'S SUPPORT OF
BEACHRENOURISHMENT
Penny Candler, President of the Indian River Chamber of Commerce, read the
Resolution (copy on file) affirming the Board of Directors of the Indian River County Chamber
of Commerce's long-standing support of the County's Beach Preservation Plan.
6. APPROVAL OF MINUTES - NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. CITY OF SEBASTIAN APPOINTMENTS TO COUNTY COMMITTEES
AND REGIONAL BOARDS FOR 2009-2010
The list of newly appointed Council members and appointments from the City of
Sebastian to County Committees and Regional Boards, for the period of November 2009 to
November 2010, is on file in the Office of the Clerk to the Board.
7.B. SERVICES AGREEMENT BETWEEN THE COUNTY AND THE SCHOOL
DISTRICT REGARDING BACKGROUND CHECKS AND FINGERPRINTING OF
VOLUNTEERS
The Services Agreement is on file in the Office of the Clerk to the Board.
8. CONSENT AGENDA
Chairman O'Bryan requested to pull Item 8.T. for discussion.
3
December 1, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Consent Agenda,
as amended.
8.A. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 5 6, 2009 TO
NOVEMBER 12, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the list of Warrants and
Wires as issued by the Clerk to the Board for the time
period of November 6, 2009 to November 12, 2009, as
requested in the memorandum of November 12, 2009.
8.B. APPROVAL OF WARRANTS AND WIRES - NOVEMBER 13, 2009 TO
NOVEMBER 19, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the list of Warrants and
Wires as issued by the Clerk to the Board for the time
period of November 13, 2009 to November 19, 2009, as
requested in the memorandum of November 19, 2009.
8.C. RESOLUTION SUPPORTING LOCAL LEGISLATION TO ALLOW THE
CITY OF VERO BEACH ELECTRIC UTILITY TO BE PLACED UNDER THE PUBLIC
SERVICES COMMISSION CONTROLS
4
December 1, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-173,
supporting Local Legislation to allow the City of Vero
Beach Electric Utility to be placed under the Public
Services Commission Controls.
8.D. RESOLUTION IN SUPPORT OF NAMING A PORTION OF S.R. 60 AS
"THE RICHARD RACZKOWSKI MEMORIAL HIGHWAY"
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-174,
requesting support of the Indian River County Local
Legislative Delegation in naming that portion of S.R. 60
between 43rd Avenue in Vero Beach and Interstate 95
"The Richard Raczkowski Memorial Highway".
8.E. RESOLUTION EXPANDING THE POWERS AND DUTIES OF THE
UTILITY ADVISORY COMMITTEE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-175,
assigning additional powers and duties to the Indian River
County Utility Advisory Committee.
5
December 1, 2009
8.F. WOODSIDE TRILLIUM, LLC's REQUEST FOR A FINAL PLAT
APPROVAL FOR A REPLAT OFA PORTION OF TRILLIUM WEST TO BE KNOWN AS
DREXEL PARKII RESIDENTIAL SUBDIVISION
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board granted final plat approval for
the Drexel Park II Residential Subdivision (a.k.a. Trillium
West), as recommended in the memorandum of November
9, 2009.
8.G. M.A. C E. (MULTI -AGENCY CRIMINAL ENFORCEMENT UNIT)
GRANT, PROJECT GENERATED INCOME, MISCELLANEOUS BUDGET AMENDMENT
002
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved: (1) the utilization of
Project Generated Income totaling $35,940.14; and
(2) Resolution 2009-176, amending the fiscal year 2009-
2010 Budget.
8.H. MISCELLANEOUS BUDGET AMENDMENT 001
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-177,
amending the fiscal year 2009-2010 Budget.
6
December 1, 2009
8.L APPROVAL OF BID AWARD FOR IRC BID No. 2010015 ANNUAL
BID FOR ALUMINUM SULFATE, UTILITIES DEPARTMENT/UTILITIES OPERATIONS
CENTER
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board: (1) approved the award to
Thatcher Chemical of Florida as the lowest and most
responsive bidder meeting the specifications as set forth in
the Invitation to Bid; (2) authorized the Purchasing
Division to issue blanket purchase orders for the period of
November, 2009 through September 30, 2010 with the
recommended bidder; and (3) authorized the Purchasing
Manager to renew this Bid for two (2) additional one (1)
year periods subject to satisfactory performance, Bidder
acceptance, and the determination that renewal of this
annual Bid is in the best interest of Indian River County,
all as recommended in the memorandum of November 13,
2009.
8.J. VERO INVESTMENTS 53, LLC'S REQUEST FOR FINAL PLAT
APPROVAL FOR A COMMERCIAL SUBDIVISION TO BE KNOWN AS 53" STREET/US1
COMMERCIAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board granted final plat approval for
the 53rd Street/US1 commercial subdivision, as
recommended in the memorandum of November 3, 2009.
7
December 1, 2009
8.K FDOT SMALL COUNTY OUTREACH PROGRAM (SCOP)
AGREEMENT AND AUTHORIZING RESOLUTION FOR RESURFACING OF OLD DIXIE
HIGHWAY FROM U.S. HWY 1 TO 53" STREET
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-178,
with the Florida Department of Transportation,
authorizing the Chairman's execution of a small County
Outreach Program Agreement for Old Dixie Highway
resurfacing.
8.L. CHANGE ORDER No. 1 AND RELEASE OF RETAINAGE, MISENER
MARINE CONSTRUCTION, INC. 53" STREET BRIDGE OVER LATERAL H CANAL,
IRC PROJECT NO. 0107B, 56TH PLACE BRIDGE OVER NORTH RELIEF CANAL, IRC
PROJECT NO. 9920B, 16TH STREET BRIDGE AT 74THAVENUEOVER RANGELINE
CANAL, IRCPROJECTNO. 0611E
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Change Order No. 1
and payment to Misener Marine Construction, Inc., final
Payment Application No. 15, dated 07/30/09, in the
amount of $161,419.55, as recommended in the
memorandum of November 10, 2009.
8
December 1, 2009
B.M. AMENDMENT NO. 5 TO THE CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT FOR INTERSECTION IMPROVEMENTS AT SR 6O AND 43RD
AVENUE AND WIDENING OF 43RD AVENUE FROM 18TH STREET TO 26TH STREET
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Amendment No. 5 to
the Professional Engineering/Land Surveying Services
Agreement with Arcadis G&M, Inc., as recommended in
the memorandum of November 17, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
B.N. WORK ORDER NO. 14 WITH BRIDGE DESIGN ASSOCIATES, INC.,
RIGHT OF WAY PERMIT APPLICATION FOR CONSTRUCTION OF BRIDGE ON 89TH
STREET OVER SRWCD LATERAL D CANAL (CR51O)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Work Order No. 14
with Bridge Design Associates, Inc., for a Not to Exceed
amount of $4,500.00; and authorized the Chairman to
execute the Work Order, as recommended in the
memorandum of November 12, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9
December 1, 2009
8.0. AWARD OF BID, LANDSCAPING ON S8THAVENUE FROM OSLO ROAD
(9T11 STREET S. W) TO 16TH STREET, BID 2009053, IRC PRo.IECTNo. 0916, FDOT
LOCAL AGENCY PROGRAM (LAP) AGREEMENT— FPNNo. 426383-1-58-01
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved: (1) the contract award
to Michael Schlitt Construction Corporation in the amount
of $247,900.00, and (2) the federal funds appropriated for
this FDOT LAP Grant in the amount of $300,000.00, with
no matching funds required, as recommended in the
memorandum of November 19, 2009.
8.P. RENEWAL OF PROFESSIONAL BRIDGE DESIGN SERVICES
AGREEMENT FOR 2009-2010
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved and authorized the
Chairman to execute the renewal Agreement with Bridge
Design Associates, Inc., for annual contractual services for
Professional Bridge Design Services for 2009-2010, as
recommended in the memorandum of November 12, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10
December 1, 2009
S.Q. BID AWARD: IRC #1010016 ANNUAL BID FOR HARRIS FX
SOFTWARE SERVICES EMERGENCY SERVICES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board: (1) approved the award to
Communications International, Inc. as the lowest, most
responsive, and sole bidder meeting the specifications as
set forth in the Invitation to Bid; (2) authorized the
Purchasing Division to issue a purchase order in the
amount of $74,000.00 for the period of October 2009
through September 30, 2010 with the recommended
bidder; and (3) authorized the Purchasing Manager to
renew this Bid for two (2) additional one (1) year periods
subject to satisfactory performance, vendor acceptance,
and the determination that renewal of this annual bid is in
the best interest of Indian River County, all as
recommended in the memorandum of November 12, 2009.
S.R. OFFICE OF THE MEDICAL EXAMINER, REQUEST TO INCREASE
CREMATION APPROVAL FEES
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the increase of
Cremation Approval Fees from $30.00 to $50.00 for the
Officer of the Medical Examiner, District 19, effective
January 1, 2010, as recommended in the memorandum of
November 18, 2009.
11
December 1, 2009
8.S. BLUE CYPRESS LAKE PARK
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board authorized the Chairman to
execute the Third Amendment between the County and
Joneal and H. Jeanne Middleton, to provide for the
extension of the lease on September 1, 2015, as
recommended in the memorandum of November 20, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.T. AMENDMENT No. 4 TO THE CIVIL ENGINEERING AND LAND
SURVEYING AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. FOR
INTERSECTION IMPROVEMENTS ATTS8THA VENUE AND SR 60
Commissioner O'Bryan recalled that according to Resolution 2008-139, once a segment
of a project has reached 60% design completion, the right-of-way purchases need to begin.
Since 60% of the design plans have been completed on the SR 60/58th Avenue improvement
project, he requested staff bring the Board a detailed report showing the financial impacts of
construction, the cost of moving utility lines, and the financial feasibility of the intersection
improvements, before moving forward.
Public Works Director Chris Mora provided status and details of the project, and
thereafter addressed the Board's questions and concerns.
There was a brief discussion among the Commissioners and Administrator Baird on
whether to rescind Resolution 2008-139.
12
December 1, 2009
Commissioner Wheeler suggested staff bring the Resolution to the Board for review and
evaluation.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to direct staff to
bring Resolution 2008-139 to the Board for
reconsideration.
Administrator Baird said staff would bring the Board a cash flow analysis for review,
showing the projected costs for pending projects.
MOTION WAS AMENDED by Commissioner Wheeler,
and ACCEPTED by Commissioner Davis, to direct staff
to bring Resolution 2008-139, and a cash flow analysis to
the Board for review and reconsideration.
The Chairman CALLED THE QUESTION and by a vote
of 4-0 (Vice Chairman Solari absent), the Motion carried.
The Board directed staff to bring Resolution 2008-139 and
a cash flow analysis to the Board for review and
reconsideration.
ON MOTION by Commissioner Davis, SECONDED by
Chairman O'Bryan, by a 4-0 vote (Vice Chairman Solari
absent), the Board approved Amendment No. 4 to the
Professional Civil Engineering/Land Surveying Services
Agreement with Kimley-Horn and Associates, Inc., for
professional engineering and surveying services for
13
December 1, 2009
intersection improvements at 58th Avenue and SR 60, as
recommended in the memorandum of November 19, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.U. FINAL APPROVAL FOR RECORDING CR 512, PHASE 3, FROM WEST
OF CR510 TO ROSELAND ROAD RIGHT-OF-WAY MAP
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Right -of -Way Map
for CR 512, Phase 3, west of CR 510 to Roseland Road
for recording, and authorized the Chairman to execute
same, as recommended in the memorandum of November
17, 2009.
8.V. FINAL APPROVAL FOR RECORDING OLD DIXIE HIGHWAY (NORTH)
US] TO 69TH STREET RIGHT-OF-WAY MAP
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Right -of -Way Map
for Old Dixie Highway, US 1 to 69th Street for recording,
and authorized the Chairman to execute same, as
recommended in the memorandum of November 17, 2009.
14
December 1, 2009
8.W. REQUEST TO SETA PUBLIC HEARING DATE REGARDING AN
APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR
A CLASS B CERTIFICATE FROM WE CARE OF THE TREASURE COAST TO PROVIDE
NON -EMERGENCY BLS AMBULANCE INTERFACILITY TRANSPORTS
(Clerk's Note: This Item was moved to Item 10. C. Public Notice Items.)
8.X. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT BETWEEN
INDIAN RIVER COUNTY AND THE TREASURE COAST REGIONAL PLANNING
COUNCIL FOR CONTINUITY OF OPERATIONS PLAN COMPREHENSIVE UPDATE AND
ADDITION OF INDIAN RIVER COUNTY ADMINISTRATION ANNEX
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved: (1) the contract with
the Treasure Coast Regional Planning Council, in the
amount of $25,000.00, for planning and exercises for
preparation efforts; and (2) to expend grant funds, as
recommended in the memorandum of November 20, 2009.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.Y. APPROVAL OF 2009/2010 AWARD LETTER FOR STATE HOMELAND
SECURITY GRANT PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board accepted the State Homeland
Security Grant in the amount of $53,000.00, and
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December 1, 2009
authorized the Chairman to execute the Grant Agreement,
as recommended in the memorandum of November 20,
2009.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. DER YL LOAR, INDIAN RIVER COUNTY SHERIFF - DEPARTMENT OF
JUSTICE, BUREAU OF JUSTICE ASSISTANCE STATE CRIMINAL ALIEN ASSISTANCE
PROGRAM (SCAAP)
Sheriff Deryl Loar announced that the service fee relative to the State Criminal Alien
Assistance Program (SCAAP) had been negotiated down from 22% to 18%.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved that $149,656.00 be
amended into the Corrections Operating Expenses, to pay
consulting firm Justice Benefits, Inc. (JBI), and to
augment funds needed for inmate care, as requested in the
letter dated November 16, 2009.
9.B. KAYCLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS -
NEW VOTING EQUIPMENT FOR VOTERS WITH DISABILITIES
Supervisor of Elections Kay Clem reviewed her letter dated November 23, 2009. She
explained how the County is now faced with purchasing new equipment for voters with
disabilities, in order to comply with the Help America Vote Act (HAVA), and reported that all
states are required to comply by 2016; however, the Florida Legislature had moved back the date
to 2012. For this reason, she requested the Board approve the Resolution as presented on page
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December 1, 2009
194 of the backup, urging the Legislature to change the deadline back to 2016. Additionally, Ms.
Clem requested the Board grant permission to set up a training room in the vacated office space
of where the Solid Waste Unit had been located.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, for discussion, to
approve the Resolution concept.
Administrator Joseph Baird asked Ms. Clem to hold off on moving to the vacated area, as
he currently had other needs for that space.
There was a brief discussion regarding training for the electronic voter registration
system machines, and other possible venues.
Chairman O'Bryan suggested the County Attorney take the wording from the proposed
Resolution, put it into proper County format, and bring it back to the December 8, 2009 Board of
County Commission Meeting for approval.
After confirming that Ms. Clem would be taking this before the Legislative Delegation,
Commissioner Davis asked Administrator Baird to put this under Commissioner Issues for
Legislative Delegation topics.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve the
Resolution concept, direct the County Attorney to edit the
Resolution to proper County format, and bring it back at
the December 8, 2009 Board of County Commission
Meeting, under Consent Agenda.
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December 1, 2009
The Chairman CALLED THE QUESTION and by a 4-0
vote (Commissioner Solari absent), the Motion carried.
The Board approved the Resolution concept, directed the
County Attorney to edit the Resolution to proper County
format, and bring it back to the December 8, 2009 Board
of County Commission Meeting, under Consent Agenda.
10. PUBLIC ITEMS
10.A. PUBLIC HEARING
10.A.1. PUBLIC HEARING ON THE ORDINANCE TO CREATE A NEW
"GIFFORD COMMUNITY CENTER MSTU" (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
County Attorney William G. Collins recapped his Memorandum dated November 17,
2009, providing the background of the Gifford Community Center, and recalling that a year ago
the Board had initiated a process to create a Municipal Service Benefit Unit (MSBU) co-
terminous with the Gifford Street Lighting District. He pointed out the boundaries of the district
and the cost of reprogramming the Property Appraiser's computers, which would be more than
the benefit would generate. Attorney Collins mentioned that he had reviewed certain Florida
cases, and found that community centers were not proper uses for benefit units. He conveyed
that after meeting with the Progressive Civic League, the determination was made to request the
Board to authorize by Ordnance, the creation of a Municipal Service Taxing Unit (MSTU), to
generate funds to support the Community Center's upkeep and operations. He felt this would
allow the boundaries of the Gifford Community Center to be a taxing unit, to be co -terminous
with the Street Lighting District, and not require substantial reprogramming of the computers.
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December 1, 2009
He clarified that the MSTU has to be in place before the end of 2009 to go on the tax rolls for
collection in 2010.
Chairman O'Bryan stated that the Public Hearing would be opened today and continued
at the December 15, 2009 Board of County Commission Meeting, to allow for community
awareness and comment.
County Budget Director Jason Brown provided the Board with the funding analysis of the
proposed Gifford Community Center MSTU, what the estimated millage rate would be, and the
challenges of separating residential and commercial properties.
A lengthy discussion ensued pertaining to MSTUs versus MSBUs, Gifford Community
Center improvements and funding, and other Community Centers within the County.
Director Brown explained funding details regarding commercial and residential
properties, and Administrator Baird clarified the proposed budget funds/sales tax options.
Chairman O'Bryan wanted to know if commercial properties could be legally exempted
from a MSTU. Attorney Collins responded, saying that the Board could create the boundaries of
the district any way they felt appropriate; however, he did not think the Board could draw the
boundaries, get the legal descriptions, and have it completed by the end of the year.
Chairman O'Bryan reiterated that there would not be an official vote on this Item today,
and that it would be tabled until the December 15th, 2009 Board of County Commission Meeting.
The Chairman opened the Public Hearing.
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December 1, 2009
Chairman O'Bryan noted for the record that three e-mails (on file) had been received
opposing the additional tax on commercial property. They were from: Jeff Brewster with Total
Golf Construction, Bill Mills who owns 130,000 feet of commercial property, and William
Shelly.
Godfrey Gibson, 4136 57th Court, Executive Director of the Gifford Community Center,
said the Gifford Community Center is used by all citizens in Indian River County, and that it
benefits not only the Gifford community, but the entire County. He stated that there had never
been intentions of adding an additional tax burden on the commercial property owners nor the
citizens. He emphasized that the Community Center was 22 years old and that it only shows
signs of wear and tear, not abuse. Mr. Gibson told the Board that the Gifford community had
raised excess money, but due to hurricane repairs, there were no longer additional funds for
expenses or insurance premiums. He asked the Board to support improvements to the Gifford
Community Center.
There was a brief discussion regarding the high cost of insurance, and possibly insuring
the facility as a rider on the County Insurance Policy.
Freddie Woolfork, 4590 57th Avenue, President of the Progressive Civic League,
conveyed that the Progressive Civic League did not want to create a hardship on the residents or
commercial property owners with additional taxes. He felt that Gifford should be considered as
a City or Township, not a separate subdivision. He believed the Gifford Community Center was
another opportunity to obtain and maintain pride in the community, and he wanted long term
support.
Administrator Baird reiterated that this project should be treated as a renovation project,
covered under the Optional Sales Tax, and brought back to the Board in a couple weeks with a
funding source.
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December 1, 2009
Commissioners Wheeler and Davis believed the project would qualify for the One -Cent
Optional Sales Tax for Capital Improvements, as well as the Five -Year Life Limit.
Tony Brown, 4159 57th Court, President of the Indian River County National
Association for the Advancement of Colored People (NAACP), spoke in opposition to additional
taxes for the Gifford community.
Victor Hart, Sr. wanted assurance that information would be disseminated to everyone
in the Gifford community.
Jeff Thompson, 2307 Seville Avenue, Vero Beach, voiced concern over the taxes on his
business, and applauded Administrator Baird for suggesting ideas to not increase the taxes on
residents or businesses.
Art Krieger, 7625 58th Court, Contractor of the Gifford Community Center, felt the
Community Center was vital to the community, and supported Administrator Baird's proposal.
Attorney Collins felt there was consensus among the Board that the Ordinance should not
be adopted to create a new taxing unit, but recommended continuing the meeting to review the
issues brought up.
Administrator Baird assured the Board that he and Director Brown had a solution, and
requested to bring this back to the December 15, 2009 Board of County Commission Meeting
with specific details.
Attorney Collins said he did not hear support for going forward with the Ordinance;
therefore, he did not consider it necessary to continue the Public Hearing. He suggested this
return at the December 15, 2009 Board of County Commission Meeting under County
Administrator Matters.
21
December 1, 2009
Chairman O'Bryan announced that the meeting would be continued to a time certain of
December 15, 2009.
Crystal Bujol wanted Board confirmation that information would be supplied to the
Gifford community before December 15th, 2009.
Administrator Baird reported that he would be meeting with the Progressive Civic
League to present the proposed plan.
Chairman O'Bryan asked Administrator Baird to ensure that all the other organizations
be notified.
Commissioner Davis clarified that the issue of December 15, 2009 Board of County
Commission Meeting would be for the MSTU, not for a newly proposed program.
Dan Richie, representing five local fresh fruit packing industries, said they were all
advocates and supporters of the Gifford Civic Center, both financially and as personal
supporters, and that they opposed a Special Taxing District. He requested the Board find an
alternative funding mechanism for the Community Center, and not approve a Special Taxing
District to achieve the objective.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board postponed this Item until the
December 15, 2009 Board of County Commission
Meeting.
22
December 1, 2009
The Chairman called a break at 10:35 a.m. and reconvened the meeting at 10:45 a.m.,
with all members present.
10.A.2. SHELL LANE EAST A PORTION OF SUMMERPLACE PETITION
SEWER SERVICE, INDIAN RIVER COUNTY PROJECT No. UCP 4039, PRELIMINARY
ASSESSMENT - RESOLUTION III (ADMINISTRATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Manager of Assessment Projects Dan Chastain said that staff was seeking Board approval
of Resolution III, and the preliminary assessment in connection with sewer main expansion on
the ten properties located on Shell Lane East. He affirmed that all property owners had been
notified of the assessment project and that there was no opposition.
The Chairman opened the Public Hearing.
Bill Glenn, 1802 East Barefoot Place, President of the Homeowners Association, wanted
to know what the County would be doing to repair the roads; if staff had looked into obtaining a
grant for the work; and if there were funds available through Tallahassee to help defray the
expense.
Mr. Chastain told Mr. Glenn that grant money had not been pursued, and he believed that
seeking grant money could significantly delay the project.
Commissioner Davis did not think there was a need to delay the project.
There being no other speakers, the Chairman closed the Public Hearing.
23
December 1, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-180,
confirming the special assessments in connection with
sewer main expansion to Shell Lane East (a portion of
Summerplace) in Indian River County, Florida; and
providing for special assessment liens to be made of
record.
10.B. PUBLIC DISCUSSION ITEMS
10.B.1. REQUEST TO SPEAK FROMDETHRICE KYLES/INDIANRIVER
JAGUARS REGARDING REFUND, CIVIL RIGHT TO PUBLIC PROPERTY
This Item was deleted, as requested by Attorney Collins.
10. C. PUBLIC NOTICE ITEMS - NONE REQUEST TO SETA PUBLIC
HEARING DATE REGARDING AN APPLICATION FOR A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR A CLASS B CERTIFICATE FROM WE CARE OF
THE TREASURE COAST TO PROVIDE NON -EMERGENCY BLS AMBULANCE
INTERFACILITY TRANSPORTS
(Clerk's Note: This Item was moved from 8. W. at the request of Administrator Baird.)
Attorney Collins read the Notice into the record, and acknowledged that the Public
Hearing would be held on December 15, 2009, if the advertising requirement is met.
24
December 1, 2009
11. COUNTY ADMINISTRATOR MATTERS
11.A. MEETINGS OF THE BOARD OF COUNTY COMMISSION - PROPOSED
2010 MEETING DATES
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, to approve the
proposed 2010 meeting schedule.
The Board discussed the proposed dates. Chairman O'Bryan requested the meeting of
November 23, 2010 be removed from the meeting schedule.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Davis, to remove
November 23, 2010 from the proposed meeting schedule.
The Chairman CALLED THE QUESTION. The Board
by a 4-0 vote (Vice Chairman Solari absent) approved the
proposed 2010 meeting schedule as amended, with the
deletion of the November 23, 2010 meeting.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A. 1. CONSIDERATION OF EMINDFUL INC'S REQUEST FOR A LOCAL
JOBS GRANT
Community Development Director Bob Keating recapped the memorandum of
November 18, 2009, pointing out that eMindful Incorporated, an internet based integrated health
care provider, was applying for the State Qualified Target Industry (QTI) Tax Refund Program
25
December 1, 2009
funds, as well as the County's Local Jobs Grant Program. He said that if the QTI funds are
received, the local Jobs Grant funds could be used as the County's required 10% match for the
QTI program. He conveyed that staff had reviewed the application and found it to meet all the
local Jobs Grant requirements. He recommended approval of the local Jobs Grant for up to
$550,000 if they locate in the City of Vero Beach/Indian River County Enterprise Zone, or
$500,000 if they locate in Indian River County but not in the City of Vero Beach/Indian River
County Enterprise Zone.
Helene Caseltine, Director of Economic Development for the Chamber of Commerce,
expressed her delight that eMindful was considering Indian River County as their Corporate
Headquarters, and found eMindful to be eligible for both programs.
Kelly McCabe Ruff, CEO of eMindful Incorporated, used a PowerPoint Presentation (on
file) to provide the Board with an overview of her company. She also highlighted their direction
and anticipated growth. Thereafter, she addressed questions from the Board.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board: (1) approved a local Jobs Grant
of up to $550,000 for eMindful, Incorporated, if eMindful
locates in the City of Vero Beach/Indian River County
Enterprise Zone or $500,000 if eMindful locates in Indian
River County but outside of the City of Vero Beach/Indian
River County Enterprise Zone; (2) approved Resolution
2009-181, recommending to Enterprise Florida that
eMindful, Inc. be approved as a qualified target industry
pursuant to s.288.106, Florida Statutes; and providing an
appropriation of up to $550,000 as part of a local Jobs
Grant Program for local participation in the Qualified
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December 1, 2009
Target Industry Tax Refund Program, and providing for an
effective date; and (3) authorized the Chairman to execute
the Jobs Grant Agreement with eMindful, Inc., after
approval of the Agreement by appropriate County staff
and the County Attorney's office, as recommended in the
memorandum of November 18, 2009.
12.B. EMERGENCY SERVICES - NONE
12. C GENERAL SERVICES - NONE
12.D. HUMAN RESOURCES
12.D. 1. COUNTY ATTORNEY HIRING PROCESS - NARROWING THE FIELD
OF CANDIDATES
Human Resources Director Jim Sexton provided an update on the status of the County
Attorney position. He reported that there were 23 candidates who met the stated requirements of
the Board, and he wanted to narrow the field of candidates to a manageable number.
Under discussion, each Commissioner stated his selection of candidates. Commissioner
Solari, in his absence, had e-mailed his selection to Director Sexton.
After tallying the votes, Director Sexton divulged that Michael Zito, Alan Polackwich,
Sr., and Thomas Spencer, who obtained the majority of votes, would move to the next process.
The Board debated their options in moving forward and the consensus of the Board was
to evaluate the top three candidates in a face-to-face interview.
There was a brief discussion regarding the interview process.
27
December 1, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 3-1 vote (Vice Chairman
Solari absent and Commissioner Flescher opposed), the
Board approved to proceed with interviews of the top
three candidates: Alan Polackwich, Sr., and Thomas
Spencer, and Michael Zito.
There was a brief discussion regarding the coordination and scheduling of interviews, and
a debate regarding the format in which the questions should be asked.
The Board directed Director Sexton to schedule the individual/private meetings in
conjunction with the Commissioners' schedules.
12.E. HUMAN SERVICES - NONE
12.F. LEISURE SERVICES - NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET - NONE
12.H. RECREATION - NONE
12.1. PUBLIC WORKS
12.1.1. STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT
Jonathan Gorham, Coastal Resource Manager, gave an update on the progress of the
Sector 3 Beach Renourishment Project. He said the project was on schedule for permit issuance,
and that he was currently waiting to hear from the Regulatory Agencies. He stated that the latest
submittal to the Department of Environmental Protection (DEP) had started the 30 -day
28
December 1, 2009
regulatory clock for the issuance of a draft permit, and was hopeful that it could be issued before
the time period expires. He conveyed that the draft Biological Opinion from the U.S. Fish and
Wildlife Service was received on November 25, 2009, and that his staff's comments had been
sent directly back to the Service. Dr. Gorham stressed the importance of the Biological Opinion
for the Federal and State permitting. He conveyed that staff was seeking a commitment from the
Service as to when they could expect the Biological Opinion to be signed by the director. He
disclosed that Michael Walther, President of Coastal Technology Corporation, Inc., had
scheduled a meeting with DEP staff for December 3, 2009, to seek a commitment for the
issuance of the draft permit.
Dr. Gorham acknowledged that he was preparing a webpage for the County's website
that would provide updates on the progress of the project, as well as a forum for answering
questions.
12..1 UTILITIES SERVICES - NONE
13. COUNTY ATTORNEY MATTERS
13.A. REALIGNMENT OF 101STAVENUE/102ND TERRACE
Deputy County Attorney Bill DeBraal reviewed his Memorandum of November 5, 2009,
recalling the details involved with the first phase of the recent property exchange with the Board
of Trustees of the Internal Improvement Fund of the State of Florida, and outlined the Exchange
Agreement of the second phase. He highlighted the four proposed options on page 262 of the
backup, and recommended the Board direct staff to proceed accordingly.
A lengthy discussion ensued among the Board pertaining to the different options, the
traffic on 102nd Terrace and whether to add a second traffic signal, requirements of the Exchange
Agreement, and setting aside funds for the restoration of 102nd Avenue.
29
December 1, 2009
Commissioner Davis did not want to lose the efforts that had already been put forth on
this project, and requested Attorney DeBraal to research what the State's minimum requirements
are, to keep the Exchange Agreement in place regardless of timeframe, so that a decision could
be made.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board directed the Deputy County
Attorney to contact the Department of Environmental
Protection (DEP) for a definitive answer as to what can be
done to keep the options open, and to bring the
information to the Board for a final decision.
13.B. RECONSIDERATION OF A CQUISITION OF RIGHT-OF-WAY ALONG
66TH AVENUE BANACK FAMILY LIMITED PARTNERSHIP 66TH AVENUE AND 41sT
STREET
Attorney DeBraal recapped his memorandum of November 23, 2009. He recalled that
the Board had declined a prior purchase of the Banack parcel, due to the uncertainty of the palm
trees that are situated on the property. He used an aerial map to identify the 3.838 acre strip of
property located on 66th Avenue, south of 41St Street, and the 565 palm trees that would be
affected in the area of take. He thereafter provided the details of the negotiation agreement with
the Banack Family Limited Partnership.
Rusty Banack, Bancak Family Limited Partnership, addressed the Board's questions
relating to the palm tree warranty and discount.
30
December 1, 2009
Attorney DeBraal acknowledged that under this proposal, all the palm trees would be
purchased as a lump sum, and that there would be no effort by the Banacks to sell -down the trees
before the final closing. He believed the acquisition of trees could be planted around the golf
course, in parks, and on County owned lands.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the grand total and
acquisition costs in the amount of $295,450.32, and
directed staff to return with these figures and terms
reduced to writing together with an Agreement for annual
maintenance costs, as recommended in the memorandum
of November 23, 2009.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN - NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE
14. C. COMMISSIONER WESLEY S. DAVIS- NONE
14.D. COMMISSIONER JOSEPH E. FLESCHER - NONE
14.E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
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December 1, 2009
15.A. EMERGENCY SERVICES DISTRICT - NONE
15.B. SOLID WASTE DISPOSAL DISTRICT - NONE
15.C. ENVIRONMENTAL CONTROL BOARD - NONE
ALL BACKUP DOCUMENTATION, RESOLUTIONS, AND ORDINANCES ARE ON FILE IN THE OFFICE
OF THE CLERK TO THE BOARD AND ARE HEREBY MADE A PART OF THESE MINUTES
16. ADJOURNMENT
There being no further business, the Chairman declared the meeting adjourned at
12:04 p.m.
ATTEST:
Jeffrey K. Barton, Clerk Peter D. O'Bryan, Chairman
Minutes Approved:
BCC/LA/2009Minutes
32
December 1, 2009