HomeMy WebLinkAbout12/15/2009 (2)1
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JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 15, 2009
CALL TO ORDER.
INVOCATION ..................................
PLEDGE OF ALLEGIANCE............................................................................................................1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
DELETION: ITEM 13.A. UNCONDITIONAL OFFER FOR TWO PARCELS OF PROPERTY OWNED
BY VERO ESTATES, LLC AT THE NORTHEAST CORNER OF 66TH AVENUE AND
COUNTYROAD 510................................................................................................. 2
ADDITION: ITEM 13.D. DISCUSSION ON THE FELLSMERE FIRE HYRDRANT APPEAL .................... 2
MOVED: ITEM 5.13. PRESENTATION ON WINTERFEST 2009, TO BE HEARD PRIOR TO ITEM
5.A......................................................................................................................... 2
MOVED: ITEM 13.C. STIPULATED ORDER OF TAKE FOR A PARCEL OF LAND ON THE
CORNER OF 66TH AVENUE AND 57TH STREET OWNED BY STEVEN, WILLIAM AND
EVAN ABAZIS, PARCELS 102 AND 401, TO BE HEARD FOLLOWING ITEM 5.0 .............. 2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................................2
1
December 15, 2009
5.A. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 19, 2009 AS
"WINTERFEST DAY"................................................................................................ 2
5.13. PRESENTATION ON WINTERFEST 2009 BY CHUCK MECHLING, POINTE WEST ............. 3
5.C. 211 ANNUAL SERVICE DELIVERY REPORT: 2008-2009 PERSPECTIVE, BY SUSAN
K. BUZA, EXECUTIVE DIRECTOR, 211 PALM BEACH/TREASURE COAST ..................... 3
6. APPROVAL OF MINUTES..............................................................................................................3
6.A. REGULAR MEETING OF OCTOBER 13, 2009............................................................... 3
6.13. JOINT MEETING OCTOBER 15, 2009 - WATER AND SEWER CONSOLIDATION .............. 4
6.C. REGULAR MEETING OF OCTOBER 20, 2009............................................................... 4
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION...............................................................................................................................5
7.A. SCHOOL BOARD APPOINTMENTS TO COUNTY COMMITTEES FOR 2009-2010 ............... 5
8.
CONSENT AGENDA........................................................................................................................5
8.A.
APPROVAL OF WARRANTS AND WIRES, DECEMBER 1, 2009 TO DECEMBER 3,
2009....................................................................................................................... 5
8.13.
FP&L CO. GIFFORD SUBSTATION EASEMENT AND RIGHT-OF-WAY ........................... 6
8.C.
CONSIDERATION OF A FIRST AMENDMENT TO THE MEMORANDUM OF
AGREEMENT WITH THE INDIAN RIVER LAND TRUST AND A MODIFIED VERSION
OF THE LEASE AGREEMENT WITH THE FLORIDA INLAND NAVIGATION DISTRICT ....... 6
8.D.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2009/2010 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ....................................... 7
8.E.
APPROVAL OF APPLICATION FOR DEPARTMENT OF ENERGY GRANT .......................... 7
8.F.
FY 2008-2009 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS
MANAGEMENT LIAISON OFFICER FORM - BOARD OF COUNTY COMMISSIONERS ........ 8
8.G.
INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING,
UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) ................................ 8
8.1-1.
APPROVAL OF AMENDMENT NO. 2 TO DEP, AGREEMENT NO. GO 182 FOR THE
MAIN RELIEF CANAL POLLUTION CONTROL STRUCTURE .......................................... 9
2
December 15, 2009
8.I.
REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT PARTICIPATION
10.A. PUBLIC HEARING..............................................................................................
14
AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
8, AND RM -10 MAXIMUM BUILDING COVERAGE REGULATIONS CHAPTER 911
(FDOT)..................................................................................................................
9
8.J.
REQUEST FOR PROJECT ADMINISTRATION CONSULTANT APPROVAL FOR THE
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE BLS
NEW TRANSIT ADMINISTRATION/BUS PARKING FACILITY ......................................
10
8.K.
REQUEST FOR BOARD APPROVAL OF A WORK PLAN MODIFICATION, A BUDGET
15
AMENDMENT AND CLOSEOUT OF THE COUNTY'S NEIGHBORHOOD
REVITALIZATION COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ..................
10
8.L.
EXTENSION OF LEASE WITH THE ECONOMIC OPPORTUNITIES COUNCIL OF
INDIAN RIVER COUNTY, INC., FOR USE OF A PORTION OF DOUGLASS SCHOOL
TO OPERATE HEAD START OF INDIAN RIVER COUNTY ............................................
11
8.M.
DECLARE EXCESS EQUIPMENT SURPLUS FOR SALE OR DISPOSAL ............................
11
8.N.
CHANGE ORDER NO. 1 - ADDITIONAL UTILITIES, ROADWAY IMPROVEMENTS TO
16TH STREET FROM 74TH AVENUE TO 66TH AVENUE AND 66TH AVENUE FROM 16TH
STREET TO S.R. 60, BID NUMBER 2009037 - J.W. CHEATHAM, LLC, IRC
PROJECT No. 9920, 9810-A, 0545..........................................................................
12
8.0.
STATE LOBBYIST AGREEMENT..............................................................................
12
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES................................13
9.A. KAY CLEM, INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS -
MEMORANDUM OF AGREEMENT AND CERTIFICATE REGARDING MATCHING
FUNDS, FEDERAL ELECTION ACTIVITIES FUNDS ..................................................... 13
9.13. DERYL LOAR, INDIAN RIVER COUNTY SHERIFF - FORFEITURE TRUST FUND ............ 13
10. PUBLIC ITEMS................................................................................................................................14
10.A. PUBLIC HEARING..............................................................................................
14
10.A.1 . CONSIDERATION OF PROPOSED AMENDMENTS TO THE RS -6, RT -6, RM -6, RM -
8, AND RM -10 MAXIMUM BUILDING COVERAGE REGULATIONS CHAPTER 911
(LEGISLATIVE)......................................................................................................
14
10.A.2. REQUEST FROM WE CARE OF THE TREASURE COAST, INC. FOR A CLASS B
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE BLS
INTERFACILITY TRANSPORTS ORIGINATING FROM INDIAN RIVER COUNTY
(QUASI-JUDICIAL).................................................................................................
15
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December 15, 2009
10.A.3. CONTINUATION OF PUBLIC HEARING ON THE ORDINANCE TO CREATE A NEW
"GIFFORD COMMUNITY CENTER M.S.T.U." (LEGISLATIVE) ................................... 18
10.B. PUBLIC DISCUSSION ITEMS - NONE................................................................. 20
l O.C. PUBLIC NOTICE ITEMS - NONE......................................................................... 20
11. COUNTY ADMINISTRATOR'S MATTERS - NONE................................................................20
12. DEPARTMENTAL MATTERS - NONE.......................................................................................20
12.A.
COMMUNITY DEVELOPMENT - NONE......................................................................
20
12.13.
EMERGENCY SERVICES - NONE..............................................................................
20
12.C.
GENERAL SERVICES..............................................................................................
20
12.C.1.
CHANGE OF SCHEDULED DAYS OPENED AND CLOSED AT SHOOTING RANGE ...........
20
12.D.
HUMAN RESOURCES - NONE..................................................................................
21
12.E.
HUMAN SERVICES - NONE.....................................................................................
22
12.F.
LEISURE SERVICES - NONE....................................................................................
22
12.G.
OFFICE OF MANAGEMENT AND BUDGET - NONE .....................................................
22
12.11.
RECREATION - NONE.............................................................................................
22
12.I.
PUBLIC WORKS.....................................................................................................
22
12.I.1.
STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT ...............................
22
12.J.
UTILITIES SERVICES..............................................................................................
23
12.J.1.
SOUTH COUNTY REVERSE OSMOSIS WATER TREATMENT PLANT CONCENTRATE
DISPOSAL OPTIONS CAMP DRESSER & MCKEE, INC. (CDM) - WORK ORDER
No. 17..................................................................................................................
23
12.J.2.
INDIAN RIVER FARMS WATER CONTROL DISTRICT FIVE-YEAR LEASE
AGREEMENTS FOR CALENDAR YEAR 2009.............................................................
23
12.J.3.
WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2 MGD
To 6 MGD - CHANGE ORDER NO. 4 FOR ADDITIONAL WORK - UCP -2621 ................
24
12.J.4.
SAN SEBASTIAN SPRINGS SUBDIVISION PETITION WATER SERVICE INDIAN
RIVER COUNTY PROJECT NO. UCP -3014, RESOLUTION IV - FINAL ASSESSMENT ....
24
12.J.5.
ADVANCE UTILITY SYSTEMS SOFTWARE LICENSE, IMPLEMENTATION AND
SUPPORT AND MAINTENANCE AGREEMENT............................................................
25
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December 15, 2009
13. MATTERS.........................................................................................................................................25
13.A. UNCONDITIONAL OFFER FOR TWO PARCELS OF PROPERTY OWNED BY VERO
ESTATES, LLC AT THE NORTHEAST CORNER OF 66TH AVENUE AND COUNTY
ROAD510............................................................................................................. 25
13.13. INTERVENER INTO FELLSMERE DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF ADMINISTRATIVE HEARINGS REGARDING FELLSMERE'S
LARGE SCALE COMPREHENSIVE LAND USE CHANGES ............................................ 26
13.C. STIPULATED ORDER OF TAKE FOR A PARCEL OF LAND ON THE CORNER OF 66TH
AVENUE AND 57TH STREET OWNED BY STEVEN, WILLIAM AND EVAN ABAZIS,
PARCELS102 AND 401.......................................................................................... 26
13.D. ADDED: DISCUSSION ON THE FELLSMERE FIRE HYDRANT APPEAL ....................... 27
14. COMMISSIONER ITEMS...............................................................................................................28
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN ................................................... 28
14.A.1 . POLICY ON PROHIBITING THE USE OF ELECTRONIC COMMUNICATIONS DURING
COUNTY COMMISSION MEETINGS.......................................................................... 28
14.13. COMMISSIONER BOB SOLARI, VICE CHAIRMAN - NONE .......................................... 29
14.C. COMMISSIONER WESLEY S. DAVIS........................................................................ 29
14.C.1. REQUEST FOR DISCUSSION - CONTRACT/NON-CONTRACT EMPLOYEES ................... 29
14.D. COMMISIONER JOSEPH E. FLESCHER - NONE.......................................................... 30
14.E. COMMISSIONER GARY C. WHEELER - NONE........................................................... 30
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................30
15.A.
EMERGENCY SERVICES DISTRICT..........................................................................
30
15.A.1 .
AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO BARTH
CONSTRUCTION, INC. FOR THE CONSTRUCTION OF FIRE RESCUE STATION #12 ........
30
15.A.2.
FY 2008-2009 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS
MANAGEMENT LIAISON OFFICER FORM - EMERGENCY SERVICES DISTRICT............
30
15.13.
SOLID WASTE DISPOSAL DISTRICT........................................................................
30
1 5.13.1.
APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 13, 2009 .....................
30
15.13.2.
APPROVAL OF MINUTES - REGULAR MEETING OF OCTOBER 20, 2009 .....................
30
15.13.3.
APPROVAL OF MINUTES - REGULAR MEETING OF NOVEMBER 3, 2009 ....................
31
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December 15, 2009
15.B.4. FY 2008-2009 RECORDS DISPOSITION COMPLIANCE STATEMENT AND RECORDS
MANAGEMENT LIAISON OFFICER FORM - SOLID WASTE DISPOSAL DISTRICT.......... 31
15.C. ENVIRONMENTAL CONTROL BOARD - NONE........................................................... 31
16. ADJOURNMENT.............................................................................................................................31
3
December 15, 2009
JEFFREY K. BARTON
Clerk to the Board
December 15, 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 27t11 Street, Vero Beach, Florida, on
Tuesday, December 15, 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
Chaplain Kenneth Jones, Visiting Nurse Association (VNA) of Indian River County,
delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Chairman O'Bryan led the Pledge of Allegiance to the Flag.
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December 15, 2009
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to the Agenda:
DELETION. ITEM 13.A. UNCONDITIONAL OFFER FOR TWO PARCELS OF PROPERTY
OWNED BY VERO ESTATES, LLC AT THE NORTHEAST CORNER OF 66TH
AVENUE AND COUNTYROAD SIO
ADDITION: ITEM 13.D. DISCUSSION ON THE FELLSMERE FIRE HYDRANT APPEAL
MOVED: ITEM S.B. PRESENTATION ON WINTERFEST 2009, TO BE HEARD PRIOR TO
ITEM $.A
MOVED: ITEM 13. C: STIPULATED ORDER OF TAKE FOR A PARCEL OF LAND ON THE
CORNER OF 6 THAVENUEAND 57TH STREET OWNED BYSTEVEN, WILLIAM
AND EVANABAZIS, PARCELS 102 AND 401, TO BE HEARD FOLLOWING ITEM
S. C.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Agenda as
amended.
5. PROCLAMATIONS AND PRESENTATIONS
5.A. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 19, 2009 AS
"WINTERFEST DAY"
(Clerk's Note: This Item was heard following Item 5.B. and is placed here for
continuity.)
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December 15, 2009
Commissioner Flescher read and presented the Proclamation to Pointe West
Representatives and the Indian River County Recreation Department.
$.B. PRESENTATION ON WINTERFEST 2009 BY CHUCK MECHLING, POINTE WEST
(Clerk's Note: This Item was heard prior to S.A. and is placed here for continuity.)
Chuck Mechling, President of Pointe West, Inc., acknowledged the Exchange Club of
Indian River for their fundraising efforts for the Prevention of Child Abuse, and assisting with
the Winterfest 2009 event. He announced Pointe West's sixth annual Winterfest event hosted by
Indian River County Recreation Department and Pointe West, to be held on Saturday, December
19th from 2:00 p.m. to 6:00 p.m. He outlined the various activities planned and invited all to
attend.
S. C. 211 ANNUAL SERVICE DELIVERYREPORT. 2008-2009 PERSPECTIVE, BY
SUSAN K. BUZA, EXECUTIVE DIRECTOR, 211 PALM BEACH/TREASURE COAST
Susan Buza, Executive Director of 211 Palm Beach and Treasure Coast, provided an
overview of their Annual Service Delivery Report (copy on file).
(Clerk's Note: Item 13. C. was heard prior to Item 6 and is placed in chronological
order.)
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF OCTOBER 13, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 13, 2009. There were none.
December 15, 2009
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Minutes of the
Regular Meeting of October 13, 2009, as written.
6. B. .JOINT MEETING OCTOBER 15,2009- WATER AND SEWER CONSOLIDATION
The Chairman asked if there were any corrections or additions to the Minutes of the Joint
Meeting of October 15, 2009, Water and Sewer Consolidation. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Minutes of the Joint
Meeting of October 15, 2009, Water and Sewer
Consolidation, as written.
6. C REGULAR MEETING OF OCTOBER 20, 2009
The Chairman asked if there were any corrections or additions to the Minutes of the
Regular Meeting of October 20, 2009. There were none.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Minutes of the
Regular Meeting of October 20, 2009, as written.
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December 15, 2009
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. SCHOOL BOARD APPOINTMENTS To COUNTY COMMITTEES FOR 2009-2010
(Clerk's Note: The list of newly appointed Board Members, Citizens and Staff appointed
to serve on various County committees for 2009-2010 from the School Board is found on pages
3-7 of the backup)
8. CONSENT AGENDA
Commissioner Wheeler requested to pull Item 8.0. from the Consent Agenda for
discussion.
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.
8.A. APPROVAL OF WARRANTS AND WIRES, DECEMBER 1, 2009 To DECEMBER 3,
2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, 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 December 1, 2009 to December 3, 2009, as
requested in the memorandum of December 3, 2009.
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December 15, 2009
8.B. FP&L CO. GIFFORD SUBSTATIONEASEMENTAND RIGHT-OF-WAY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved both the Right -of -Way
Deed and Easement with Florida Power and Light
Company, and authorized the Chairman to execute the
documents on behalf of the County, as requested in the
memorandum of December 7, 2009.
COPIES OF EASEMENT AND RIGHT OF WAY DEED ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
8. C. CONSIDERATION OF A FIRST AMENDMENT TO THE MEMORANDUM OF
AGREEMENT WITH THE INDIAN RIVER LAND TR UST AND A MODIFIED
VERSION OF THE LEASE AGREEMENT WITH THE FLORIDA INLAND
NAVIGATION DISTRICT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved both the First
Amendment to the Memorandum of Agreement (MOA)
with the Indian River County Land Trust and the revised
Lease Agreement with the Florida Inland Navigation
District, and authorized the Chairman to execute the
Agreements, as recommended in the memorandum of
December 8, 2009.
AMENDMENT TO AGREEMENT AND LEASE AGREEMENT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
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December 15, 2009
8.D. FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY2009/2010 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Certificate of
Acceptance of Subgrant Award for the Indian River
County Multi -Agency Criminal Enforcement Unit in the
amount of $103,917, as recommended in the
memorandum of December 7, 2009.
COPY OF CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. APPROVAL OFAPPLICATION FOR DEPARTMENT OF ENERGY GRANT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Application for the
Department of Energy (DOE) Grant under the Recovery
and Reinvestment Act of 2009, as recommended in the
memorandum of December 4, 2009.
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December 15, 2009
8.F. FY2008-2009 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM - BOARD OF COUNTY
COMMISSIONERS
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board authorized the Chairman to
execute the Records Disposition Compliance Statements
for the period October 1, 2008 through September 30,
2009, and submit the Record Management Liaison Officer
(RMLO) form to the Florida Department of State for the
Indian River County Board of County Commissioners, as
recommended in the memorandum of December 9, 2009.
8.G. INTERESTRATE CHANGE ONALL COUNTYFINANCING (PETITIONPAVING,
UTILITYASSESSMENT PROJECTS, UTILITYIMPACT FEES, ETC.)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the fixed interest rate
of 5.75%, which will remain in effect for calendar year
2010 for all County financing with the exception of
projects directly affiliated with a bond issue for which the
bond covenants dictate a different interest rate, as
recommended in the memorandum of December 7, 2009.
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December 15, 2009
8.H. APPROVAL OFAMENDMENT NO.2 TO DEP. AGREEMENT NO. GO182 FOR THE
MAIN RELIEF CANAL POLLUTION CONTROL STRUCTURE
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Amendment No. 2 to
the Florida Department of Environmental Protection
(FDEP) Agreement No. G0182, and authorized the
Chairman to execute it on behalf of the County, as
recommended in the memorandum of November 30, 2009.
AMENDMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.I. REOUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
FDOT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-184,
authorizing the execution of a Public Transportation Joint
Participation Agreement with the Florida Department of
Transportation.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 15, 2009
8.J. REQUEST FOR PROJECT ADMINISTRATION CONSULTANT APPROVAL FOR THE
NEW TRANSIT ADMINISTRATION/BUS PARKING FACILITY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board: (1) approved the selection of
Keith and Schnars, P.A. as the Project Administration
Consultant; (2) reviewed the draft Contract for Consultant
Services (Attachment No. 1 in the backup); (3) authorized
staff to negotiate contract terms with Keith and Schnars;
and (4) authorized the Chairman to execute the contract
with Keith and Schnars, if the contract can be negotiated
at or below the budgeted cost for the project, all as
recommended in the memorandum of December 4, 2009.
8.K. REQUEST FOR BOARDAPPROVAL OFA WORKPLANMODIFICATION, A
BUDGETAMENDMENTAND CLOSEOUT OF THE COUNTY'S NEIGHBORHOOD
REVITALIZATION COMMUNITYDEVELOPMENT BLOCK GRANT (CDBG)
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board: (1) approved the Neighborhood
Revitalization (NR) Community Development Block
Grant (CDBG) Modification No. 3 by authorizing the
Chairman to execute the modification forms; (2) approved
the NR CDBG closeout document by authorizing the
Chairman to execute the closeout documents; and (3)
authorized the Chairman to execute and submit any
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December 15, 2009
additional CDBG related documents to allow the County
to complete the grant modification and to closeout the
Grant, all as recommended in the memorandum of
December 7, 2009.
MODIFICATION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. EXTENSION OF LEASE WITH THE ECONOMIC OPPORTUNITIES COUNCIL OF
INDIANRIVER COUNTY, INC., FOR USE OFAPORTIONOFDOUGLASSSCHOOL
TO OPERATE HEAD START OF INDIAN RIVER COUNTY
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Lease Extension
with the Economic Opportunities Council of Indian River
County, Inc., as prepared by the County Attorney's office
for a term to expire September 30, 2033, as recommended
in the memorandum of December 9, 2009.
LEASE EXTENSION ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. DECLARE EXCESS EQU/PMENT SURPLUS FOR SALE OR DISPOSAL
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board declared this 10,000 gallon steel
fuel tank surplus and authorized its sale as scrap metal to
the County contracted scrap metal dealer, Trademark
Metals, as recommended in the memorandum of
December 3, 2009.
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December 15, 2009
8.N. CHANGE ORDER NO. I -ADDITIONAL UTILITIES, ROAD WA YIMPRO VEMENTS
TO 16TH STREET FROM 74TH AVENUE To 66TH A VENUE AND 66TH AVENUE
FROM 16TH STREET TO S.R. 60, BID NUMBER 2009037 - J W CHEATHAM,
LLC, IRCPROJECTNo. 9920,9810-A, 0545
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Change Order No. 1 to
J.W. Cheatham, LLC, increasing the contract amount by
$56,483.50. The new contract amount will now be
$4,050,847.34, all as recommended in the memorandum
of November 25, 2009.
S.O. STATE LOBBYIST AGREEMENT
Administrator Baird confirmed for Commissioner Wheeler that Mr. Ron Book's
representation as a State Lobbyist had been a good investment for the County. He commented
on how Mr. Book had helped the County to bring in funding for the Sector 7 Beach
Renourishment Program, two Egrett Marsh Grants, and the Main Relief Canal. He also raised
the issue that Mr. Book had agreed to have his 2010 Legislative Session fee reduced from
$75,000 to $60,000.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Agreement with
Ron L. Book for professional services for the 2010
Legislative Session in the amount of $60,000, as
recommended in the memorandum of December 4, 2009.
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December 15, 2009
Commissioners Davis, Wheeler, and O'Bryan spoke favorably of Mr. Book, affirming
that he was an effective lobbyist, and well worth the investment.
AGREEMENT ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES
9.A. KAYCLEM, INDIAN RIVER COUNTYSUPERVISOR OFELECTIONS-
MEMORANDUM OFAGREEMENT AND CERTIFICATE REGARDING MATCHING
FUNDS, FEDERAL ELECTIONACTIVITIES FUNDS
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board accepted the Memorandum of
Agreement and authorized the Chairman to execute the
Certificate Regarding Matching Funds, to certify that the
County will match the State funds of $16,012.79 with a
15% County match, or $2,401.92, as requested in the letter
dated November 19, 2009.
CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9.B. DER YL LOAR, INDIAN RIVER COUNTY SHERIFF- FORFEITURE TRUST FUND
MOTION WAS MADE by Commissioner Flescher,
SECONDED by Commissioner Davis, to approve the
Sheriff's request that $115,282.00 from the Law
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December 15, 2009
Enforcement Trust Fund be used to purchase equipment,
as specified in the Sheriff s letter dated December 9, 2009.
Sheriff Deryl Loar thanked the Board for approving the Certificate of Acceptance of
Subgrant Award for the County Multi -Agency Criminal Enforcement (MACE) Unit in the
amount of $103,917 (under Item 8.D. of the Consent Agenda). He emphasized the importance of
the operation, how it allows the Department to actively seize items, and how the program will
ultimately benefit taxpayers.
The Chairman CALLED THE QUESTION and the
Motion carried by a 4-0 vote (Vice Chairman Solari
absent). The Board approved the Sheriff's request that
$115,282.00 from the Law Enforcement Trust Fund be
used to purchase equipment as specified in the Sheriff's
letter dated December 9, 2009.
10. PUBLIC ITEMS
10.A. PUBLICHEARING
10.A.1. CONSIDERATION OF PROPOSED AMENDMENTS TO THE RS -G, RT -G, RM -G,
RM -S, AND RM -10 MAXIMUM BUILDING COVERAGE REGULATIONS CHAPTER
911 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Chairman O'Bryan announced that the applicant had requested to table this item until
January 5, 2010.
14
December 15, 2009
The Chairman opened the Public Hearing; there being no 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 DEFERRED this item to the
January 5, 2009 Board of County Commission Meeting.
10.A.2. REQUEST FROM WE CARE OF THE TREASURE COAST, INC. FOR A CLASS B
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO PROVIDE BLS
INTERFACILITY TRANSPORTS ORIGINATING FROMINDIANRIVER COUNTY
(QUASI-JUDICIAL)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Assistant Fire Chief Brian Burkeen recapped his Memorandum dated December 7, 2009,
relating that We Care of the Treasure Coast, Inc. had submitted an application for a Class B
Certificate of Public Convenience and Necessity, to provide basic life support (BLS) non-
emergency interfacility transport service originating within the County. He said that We Care of
the Treasure Coast, Inc. currently has a Class E Certificate to provide wheelchair transportation,
and that they wanted to add their services to the County. He provided details on the County's
transport services over the past year, highlighted portions of Chapter 304.07 of the Indian River
County Code of Laws and Ordinances, spoke briefly on the Needs Assessment, and explained
why he recommended denial of the application.
15
December 15, 2009
Commissioners sought and received clarification to billing costs, competition, and the
logic of the Code of Laws and Ordinances which states that the issuance of a Certificate of
Public Convenience and Necessity shall be regulated by additional needs of the public.
Commissioner Davis voiced concern over moving forward without supporting staff's
recommendation or the Needs Assessment.
Attorney Collins advised the Commissioners that they have the discretion to take public
input, balance the issues of need versus competition, and make a decision, or they could consider
revising the Code of Laws and Ordinances. He reiterated that if it had been staff's
determination, it would not have come before the Board in a Public Hearing setting.
Administrator Baird told the Commissioners that if they did not feel there was a
saturation of transport services, they could vote for the additional BLS carrier without there
being a violation to the Code of Laws and Ordinances.
The Chairman opened the Public Hearing.
Paula Barakos, Vice President of We Care of the Treasure Coast, Inc., introduced her
business, and outlined the statistics, letters of support, opposition letters, and letters of
recommendation (on file).
Eddie Simchick, representing All County Ambulance and American Ambulance, felt
both of the current ambulance operators provided an excellent service to the County. He voiced
concern regarding over -saturation in the County, the possibility of other providers not providing
a back-up system, and the loss of revenue. He thereafter answered questions from the Board.
Bob Johnson, Coral Wind Subdivision, believed there was a need for additional
ambulance support.
16
December 15, 2009
There being no other speakers, the Chairman closed the Public Hearing.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis to DENY staff's
recommendation, and approve the application from We
Care of the Treasure Coast, Inc., to provide non-
emergency BLS interfacility ambulance services in Indian
River County.
Commissioner Davis viewed competition as a good thing, and wanted to know the logic
as to why the Code is in place.
Administrator Baird informed Commissioner Davis that the Code is in place due to
medical/safety issues. He indicated that staff had wanted assurance that there would not be so
much competition that the people would not receive appropriate medical care, due to cutbacks.
He said he would arrange for Emergency Services to bring the Code of Laws and Ordinances
back to the Board for discussion and possible options.
Commissioners Flescher, Wheeler and O'Bryan voiced their support for additional
competition, and felt that having a third provider would be most appropriate.
The Chairman CALLED THE QUESTION and by a 4-0
vote (Vice Chairman Solari absent), the Board DENIED
staff's recommendation, and APPROVED We Care of the
Treasure Coast, Inc.'s application for a Class B Certificate
of Public Convenience and Necessity for BLS Non -
Emergency Interfacility Transportation services
originating within Indian River County.
17
December 15, 2009
COPY OF CERTIFICATE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
10.A.3. CONTINUATION OF PUBLIC HEARING ON THE ORDINANCE TO CREATE A NEW
"GIFFORD COMMUNITY CENTER M.S. T. U. " (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Management and Budget Director Jason Brown summarized his Memorandum of
December 7, 2009, providing the background and details of the plan that staff had developed to
fund the capital needs from a combination of funds that continue to provide $15,000 from the
General Fund for operation of the Gifford Progressive Civic League and the Gifford Community
Center. The MSTU proposal would provide about $30,000 per year, for about six years, to fund
facility needs. Director Brown proposed to take care of the immediate needs with current
reserves from the One -Cent Sales Tax and the County's Unincorporated Area MSTU fund
reserves. This would fund approximately $174,800 for the immediate needs of updating the air
conditioning system and restrooms, with a commitment to fund other needs over the next five
years from similar sources, and continue funding operating expenses in the amount of $15,000
from the General Fund. He also emphasized that this would not have an impact of raising taxes
for homeowners or business owners in the area.
Administrator Baird emphasized that the Gifford Community Center was over twenty
years old and that it had never been updated or renovated. He felt modernization was needed to
make it a better facility. He thereafter clarified for Commissioner Wheeler that the 15%
Contingency figures in the backup are estimates to the cost, not actual bids.
Commissioner Davis requested that all Community Centers be added to the website so
the public could be made aware of the facilities available to them.
In
December 15, 2009
At Commissioner Wheeler's request, Administrator Baird said he would provide the
Board with frequent updates on cost assessments.
The Chairman opened the Public Hearing.
Freddie Woolfork, 4590 57th Avenue, President of the Progressive Civic League, was
pleased that there was an alternative where taxes would not need to be imposed upon citizens or
businesses. He said the facility was built in 1988, and that it definitely needs to be brought up to
modern standards.
There being no other speakers, the Chairman closed the Public Hearing.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the proposed funding
plan for operating and facility needs at the Gifford
Community Center as presented in the Backup; and
authorized the necessary Budget Amendment to fund the
Priority 1 and 2 facility improvements at an estimated cost
of $174,800, as recommended in the memorandum of
December 7, 2009.
Mr. Woolfork expressed his concerns and requested the Board support the purchase of a
food warming truck for the Meals on Wheels program, for approximately $42,000, to deliver hot
meals to seniors and shut-ins within the Gifford community.
19
December 15, 2009
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board directed staff to bring this Item
back to the Board with backup and proposal report for a
food warming truck for the Meals on Wheels program.
Chairman O'Bryan recognized the need for another truck; however, he also voiced
concern over future unknowns, and having just approved $174,800 from the Budget.
Chairman O'Bryan called a break at 10:25 a.m. and reconvened the meeting at 10:35 a.m.
with all members present.
10.B. PUBLIC DISCUSSIONITEMS-NONE
10.C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR'S MATTERS - NONE
12. DEPARTMENTAL MATTERS - NONE
12.A. COMMUNITYDEVELOPMENT - NONE
12.8. EMERGENCYSERVICES - NONE
12.C. GENERAL SERVICES
12. C.1. CHANGE OF SCHEDULED DAYS OPENED AND CLOSED AT
SHOOTING RANGE
20
December 15, 2009
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Davis, for discussion, to
approve the change in schedule at the Shooting Range, by
closing on Wednesdays and opening on Mondays, subject
to the continued rental of $250 per day, at a minimum of
40 days, for $10,000 for the use of the range.
There was a brief discussion regarding the Shooting Range schedule, and offering certain
Wednesdays to the public as a revenue source for the Range. Sheriff Loar said he would provide
staff with a 2010 calendar schedule showing the scheduled training days, to implement on the
website, which would give individuals an opportunity to use the facility.
General Services Director Tom Frame requested the change be effective with a 30 -day
notice so the notices can be posted.
MOTION WAS AMENDED by Commissioner Wheeler,
SECONDED by Commissioner Davis, to ensure staff
receives a 30 -day notice of the schedule changes.
The Chairman CALLED THE QUESTION and by a vote
of 4-0 (Vice Chairman Solari absent), the Motion carried.
The Board approved: (1) the change in schedule at the
Shooting Range, by closing on Wednesdays and opening
on Mondays, subject to the continued rental of $250 per
day, at a minimum of 40 days, for $10,000 for the use of
the range, and (2) that staff receives a 30 -day notice of the
schedule changes.
12.D. HUMANRESOURCES - NONE
21
December 15, 2009
12.E. HUMANSERVICES - NONE
12.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND B DDGET - NONE
12.H. RECREATION- NONE
12.L PUBLIC WORKS
12.1.1. STAFF UPDATE -SECTOR 3 BEACH RENOURISHMENT PROJECT
Jonathan Gorham, Coastal Resource Manager, provided the latest update on the progress
of the Sector 3 Beach Renourishment Project. He spoke about the Workshop and Public Hearing
regarding the erosion control line for the project, expecting the State's Hearing Officer to make
his recommendation to the Department of Environmental Protection (DEP) Bureau of State by
December 21, 2009, and obtaining a temporary construction easement from the oceanfront
property owners. He said that a meeting was going to be held with the Sebastian Inlet District
for an update on the progress and discussion of the Interlocal Agreement (ILA) with the District
before they fund the project. Dr. Gorham provided cost estimates of the project, and the details
of the District's contribution preference. He felt the ILA was written to adequately cover the
arrangement, and wondered if the District Board would consider an Amendment to the
Agreement that would identify the contractor, unit price, volume, and schedule. He said Ranger
Construction was asked to provide a revised cost and schedule that reflects the intention to phase
the project, and additional requirements that have come down from the State. He was hoping to
get the revised cost proposals from Ranger and bring it back to the Board by the January 12,
2010 Board of County Commission Meeting.
22
December 15, 2009
Chairman O'Bryan mentioned that the Sector 3 informational website could be viewed at
www.ircgov.com. This website provides information, Dr. Gorham's e-mail link, frequently
asked questions, updates, progress, and the construction schedule.
12..J. UTILITIES SER vim
12.11. SOUTH COUNTYREVERSE OSMOSIS WATER TREATMENT PLANT
CONCENTRATE DISPOSAL OPTIONS CAMP DRESSER & MCKEE, INc. (CDM) —
WORK ORDER NO. 17
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Work Order No. 17
with Camp Dresser and McKee, Inc. (CDM) in the amount
not -to -exceed $45,550.00, and authorized the Chairman to
execute same, as recommended in the memorandum of
October 29, 2009.
WORK ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.J.2. INDIANRivER FARMS WATER CONTROL DISTRICT FIVE-YEAR LEASE
AGREEMENTS FOR CALENDAR YEAR 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved to renew the Interlocal
Agreements with the Indian River Farms Water Control
District, and authorized the Chairman to execute the same,
as recommended in the memorandum of December 7,
2009.
23
December 15, 2009
PERMIT AND INTERLOCAL AGREEMENTS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
12J3. WEST REGIONAL WASTEWATER TREATMENT PLANT EXPANSION FROM 2 MGD
TO 6 MGD - CHANGE ORDER NO.4 FOR ADDITIONAL WORK - UCP -2621
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the change to the
contract price to $13,691,786.21; authorized the Chairman
to execute the Forth Change Order to contract documents
with Wharton -Smith, Inc., as presented; and authorized a
contract extension of 90 days; as recommended in the
memorandum of December 7, 2009.
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
12.14. SAN SEBASTIAN SPRINGS SUBDIVISION PETITION WATER SERVICE INDIAN
RIVER COUNTYPROJECT NO. UCP -3014, RESOLUTIONIV- FINAL
ASSESSMENT
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board adopted Resolution 2009-185,
certifying "as -built" costs for installation of water service
to San Sebastian Springs Subdivision in Indian River
County, Florida, and such other construction necessitated
by such project; providing for formal completion date, and
date for payment without penalty and interest.
24
December 15, 2009
Chairman O'Bryan commented on this project coming in about 26% below the initial
assessment, and acknowledged this to be a job well done.
12.15. ADVANCE UTILITYSYSTEMSSOFTWARELICENSEIMPLEMENTATIONAND
SUPPORT AND MAINTENANCE AGREEMENT
Assistant Director of Utilities Cindy Corrente updated the Board on the new utility
system software and how it would facilitate better customer service. Commissioners offered
comments and asked questions about rental concerns, credit card fees, and whether there would
be an opportunity to utilize this program for curbside pickup.
ON MOTION by Commissioner Wheeler, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the requests of the
Software License, Implementation and Support and
Maintenance Agreement with Advanced Utility Systems,
and authorized the Chairman to execute same, as
recommended in the memorandum of December 4, 2009.
LICENSE, IMPLEMENTATION, AND AGREEMENT ON FILE
IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. UNCONDITIONAL OFFER FOR TWO PARCELS OF PROPERTY OWNED BY VERO
ESTATES, LLCAT THE NORTHEAST CORNER OF 66THA VENUE AND COUNTY
ROAD 510
Deleted
25
December 15, 2009
13.B. INTERVENER INTO FELLSMERE DEPARTMENT OF COMMUNITYAFFAIRS
DEPARTMENT OF ADMINISTRATIVE HEARINGS REGARDING FELLSMERE'S
LARGE SCALE COMPREHENSIVE LAND USE CHANGES
Assistant County Attorney George Glenn proposed for Board consideration, whether the
County would want to be an intervener into the Department of Administrative Hearings (DOAH)
proceedings between the City of Fellsmere and the Department of Community Affairs (DCA),
regarding the proposed Comprehensive Land Use Amendments. He said if the County does not
take advantage of the opportunity to intervene, then there would be no chance to comment or
protest the outcomes from the hearings. The hearings are scheduled for January 26 - 29, 2010,
and State Law requires that any interested party file their notice at least 20 days prior to the first
hearing. He noted that the City of Fellsmere and DCA were in mediation settlement, and that
DCA had indicated that the City of Fellsmere would be submitting an updated version or minor
modification of their Comprehensive plan that would incorporate the ideas that were discussed.
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board authorized the County
Attorney's Office to file its Intent to Intervene in the
Administrative Hearings, as recommended in the
memorandum of December 8, 2009.
13.C. STIPULATED ORDER OF TAKE FOR A PARCEL OF LAND ON THE CORNER OF
66THAVENUEAND $7TH STREET OWNED BYSTEVEN, WILLIAMAND EVAN
ABAZIS, PARCELS 102 AND 401
(Clerk's Note: This Item was heard following Item 5. C. and is placed here for
continuity.)
26
December 15, 2009
Anthony Policastro, Esquire, outside counsel, conveyed the details of the parcels that
the County requires for right-of-way for the 66th Avenue improvement project and the Interlocal
Agreement with the School District for the temporary turn lane onto 57th Street. He said the
property owners, Steve, William, and Evan Abazis had agreed to stipulate to the Order of Taking
under the following conditions: (1) the County take the entire parcel of 9.803 acres; (2) the
County deposit into the Court Registry, the unconditional offer of $560,740, which was approved
by the Board on August 18, 2009; and (3) in addition to the deposit, the property owners
would, as a minimum, recover same if the matter proceeds to trial. He mentioned that the
property was appraised at $487,600 in June 2009, and listed the reasons why this transaction
would benefit the County.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Wheeler, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the terms of the
Stipulated Order of Take for the entire 9.803 acre parcel
and directed outside Counsel to have the Stipulation
signed by all parties and presented to the Court for
approval, as recommended in the memorandum of
December 8, 2009.
I3.D. ADDED: DISCUSSION ON THE FELLSMERE FIRE HYDRANT APPEAL
County Attorney William Collins recalled discussion from a prior meeting, pertaining to
the City of Fellsmere's fire hydrant bill. He explained the reasons why he had said not to pay the
bill, and wanted to propose to Fellsmere City Attorney Warren Dill that the charges they found
the County to be in violation of, be placed into an escrow account. Attorney Collins said if the
County prevails, the funds would be returned, and if the Court determines the City of Fellsmere
to be correct, then they would be paid out of the escrow account. He explained how the
27
December 15, 2009
additional funds would accrue in an escrow account, and requested the Board authorize the
money to be placed into escrow, with the approval of the City of Fellsmere.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board authorized the County Attorney
to place the payments into an Escrow account, pending the
approval of the City of Fellsmere.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN
14.A.1. POLICY ON PROHIBITING THE USE OF ELECTRONIC COMMUNICATIONS
DURING COUNTY COMMISSIONMEETINGS
Chairman O'Bryan provided his reasons and concerns as to why he felt text messages and
electronic communications should be prohibited during County Commission Meetings. He
referred briefly to the policy that Escambia County currently has in place (copy on file), and
emphasized that he did not bring this to the Board because he felt anyone had done anything
wrong, he just wanted protection from possible issues.
Due to family concerns, other work related concerns, and/or possible emergencies, the
Commissioners voiced negative feelings over the suggestion of limiting electronic
communications during the Board of Commission Meetings.
In view of the concerns, Attorney Collins reminded the Board that anything that is of
private nature is not considered a public record; however, if a Commissioner receives a
telephone call relating to County business, then it becomes public record, which needs to be
disclosed. He said this would be a proposed policy, not an ordinance, and focused on Item 2 of
December 15, 2009
Escambia County's Technology Policy. He felt Escambia's policy was more limiting than what
Commissioner O`Bryan was proposing, and he acknowledged, for the Board, that there would
not be a penalty if a Board member refused to abide by the policy.
No action required or taken.
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN- NONE
14.0 COMMISSIONER WESLEYS. DAVIS
14.01. REQUEST FOR DISCUSSION- CONTRACT/NON-CONTRACT EMPLOYEES
Commissioner Davis stated that the reduction of staff in the County Attorney's office
made him realize that there were contracts for Assistant Administrators, as well as Assistant
Attorneys. He felt there were advantages and disadvantages for having contract employees in
these positions, and he voiced concern over those that have the opportunity for a 12 -month
severance. He felt there needed to be a policy to regulate this.
A brief discussion ensued regarding contracts.
Attorney Collins spoke about the additional backup ordinance (on file) as it exists with
strike throughs and underlines, how it would change the current wording that all attorneys (hired
after a certain date) would be "at will" contract employees, and how employees (hired after a
different date) would be non -contract employees that would be subject to dismissal in
accordance with the personnel rules of the County. After a brief discussion, Attorney Collins
said he would bring this back to the Board in January for direction.
Commissioner Davis felt it would be best to bring this back to the Board for direction
after the Board interviews the attorneys next week.
29
December 15, 2009
14.D. COMMISIONER .IOSEPHE. FLESCHER - NONE
14.E. COMMISSIONER GARY C. WHEELER - NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICESDISTRICT
The Chairman announced that immediately upon adjournment, the Board would
reconvene as the Board of Commissioners of the Emergency Services District. Those Minutes
are being prepared separately.
1 S.A.I. AUTHORIZATION FOR FINAL PAYMENT AND RELEASE OF RETAINAGE TO
BARTH CONSTRUCTION, INC. FOR THE CONSTRUCTION OF FIRE RESCUE
STATION #12
CHANGE ORDER ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
15.A.2. FY2008-2009 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM- EMERGENCYSERVICES
DISTRICT
15.B. SOLID WASTE DISPOSAL DISTRICT
The Chairman announced that immediately upon adjournment of the Emergency Services
District Meeting, the Board would reconvene as the Board of Commissioners of the Solid Waste
Disposal District. Those Minutes are being prepared separately.
15.B.1. APPROVAL OFMINUTES - REGULAR MEETING OF OCTOBER 13, 2009
15.B.2. APPROVAL OFMINUTES - REGULAR MEETING OF OCTOBER 20, 2009
ME
December 15, 2009
15.B.3. APPROVAL OFMINUTES -REGULAR MEETING OFNOVEMBER 3 2009
15.B.4. FY 2008-2009 RECORDS DISPOSITION COMPLIANCE STATEMENT AND
RECORDS MANAGEMENT LIAISON OFFICER FORM- SOLID WASTE DISPOSAL
DISTRICT
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
11:26 p.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: FEB 0 2 2010
BCC/LA/2009Minutes
December 15, 2009
&C a
Peter D. O'Bryan, Chairman
31