HomeMy WebLinkAbout12/16/2008 (4)INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 16, 2008
1. CALL TO ORDER 1
2. INVOCATION 1
3. PLEDGE OF ALLEGIANCE 1
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS 2
5. PROCLAMATIONS AND PRESENTATIONS 5
S.A. PRESENTATION BY THE TAXPAYER'S ASSOCIATION OF INDIAN RIVER COUNTY
- MISER OF THE YEAR AWARD TO JOSEPH A. BAIRD, INDIAN RIVER COUNTY
ADMINISTRATOR 5
S.B. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 7 —13, 2008, AS
DOLLARS FOR SCHOLARS WEEK 5
6. APPROVAL OF MINUTES 6
6.A. REGULAR MEETING OF OCTOBER 14, 2008 6
6.B. REGULAR MEETING OF OCTOBER 21, 2008 6
6.C. REGULAR MEETING OF NOVEMBER 4, 2008 6
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December 16, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR
COMMISSIONERS 7
NOT REQUIRING BOARD ACTION 7
7.A. RESIGNATION OF DISTRICT] APPOINTEE TO UTILITY ADVISORY COMMITTEE 7
7.B. CITY OF VERO BEACH APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL
BOARDS FOR 2008-2009 7
7.C. CITY OF FELLSMERE APPOINTMENTS TO COUNTY COMMITTEES AND REGIONAL
BOARDS FOR 2008-2009 7
7.D. SCHOOL BOARD APPOINTMENTS TO COUNTY COMMITTEES FOR 2008-2009 8
8. CONSENT AGENDA 8
8.A. APPROVAL OF WARRANTS AND WIRES NOVEMBER 21, 2008 THRUDECEMBER 4,
2008 8
8.B. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION PAVING,
UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.) 9
8.C. MISCELLANEOUS BUDGET AMENDMENT 003 9
8.D. STEPHEN M. BAILEY, 26TH STREET (82ND AVENUE TO 74THAVENUE)PAVING
PROJECT 9
8.E. FINAL PAYMENT AND RELEASE OF RETAINAGE, APPLIED TECHNOLOGY AND
MANAGEMENT, INC., WORK ORDER #8 10
8.F. FIRST AMENDMENT TO AGREEMENT - FLORIDA INSTITUTE OF TECHNOLOGY,
GRANT AGREEMENT FWC-06720 10
8.G. FINAL PAYMENT TO ARCADIS, US, INC. FOR THE ROCKRIDGE SEWER
REPLACEMENT PROJECT - UCP -2521 11
8.H. AWARD OF BID #2009019, THE ENCLAVESUBDIVISION, IRCPROJECTNO.
0816 11
8.L DENIS AND SHERYL SCARPINATO REQUEST FOR PARTIAL RELEASE OF AN
EASEMENT AT 2205 7THA VENUE SE (LOT 20, RIVERPOINT SUBDIVISION) 12
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December 16, 2008
8.J. CONSIDERATION OF SUBMITTAL OF AN APPLICATION FOR A STATE SOVEREIGN
SUBMERGED LANDS LEASE FOR COUNTY MANAGEMENT OF BOAT CLUB
ISLAND (SPOIL ISLAND No. IR25) 12
8.K. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL ADDITIONAL
STREET LIGHT IN THE GIFFORD STREET LIGHTING DISTRICT 13
8.L. RIGHT-OF-WAY ACQUISITION- 66711AVENUE#0370, 217N PARK BLVD.,
VENICE, FL 34285, BEATRICE B. AMENDOLA TRUST 14
8.M. WINDSOR PROPERTIES, INC. REQUEST FOR FINAL PLAT APPROVAL FOR A
SUBDIVISION TO BE KNOWN AS WINDSOR PLAT 26 P.D. 14
8.N. REQUEST FOR BOARD APPROVAL OFA WORK PLANMODIFICATION, A BUDGET
AMENDMENT AND CLOSEOUT OF THE COUNTY'S DISASTER RECOVERY
INITIATIVE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 15
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE 15
10. PUBLIC ITEMS 16
10.A.1. CONSIDERATION OF AMENDMENTS TO RESTRICTIONS ON PARKING
COMMERCIAL VEHICLES IN RESIDENTIAL AREAS; LDR CHAPTERS 901, 911,
AND 912 (LEGISLATIVE) 16
10.A.2. PUBLIC HEARING TO AMEND CERTAIN SECTIONS OF THE ANIMAL CONTROL
ORDINANCE CODIFIED AT CHAPTER 302 OF THE INDIAN RIVER COUNTY CODE
(LEGISLATIVE) 18
10.A.3. PUBLIC HEARING FOR APPROVAL OFA RESOLUTION ELECTING TO USE THE
UNIFORM METHOD FOR THE LEVY, COLLECTION AND ENFORCEMENT OF NON
AD VALOREM ASSESSMENTS FOR THE GIFFORD COMMUNITY CENTER
MUNICIPAL SERVICE BENEFIT UNIT (LEGISLATIVE) 23
10. B. PUBLIC DISCUSSION ITEMS -NONE 25
10.C. PUBLIC NOTICE ITEMS -NONE 25
11. COUNTY ADMINISTRATOR'S MATTERS -NONE 25
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December 16, 2008
11.A.1. UPDATE ON ORIOLES 25
12. DEPARTMENTAL MATTERS 28
12.A. COMMUNITY DEVELOPMENT 28
12.A.1. REQUEST FOR AUTHORIZATION FOR STAFF TO ISSUE A REQUEST FOR
PROPOSALS TO HIRE A CONSULTANT TO ADMINISTER A NEIGHBORHOOD
STABILIZATION PROGRAM COMMUNITY DEVELOPMENT BLOCK GRANT 28
12.B. EMERGENCY SERVICES -NONE 31
12.C. GENERAL SERVICES 31
12.C.1. CUSTODIAL SERVICES 31
12.D. HUMAN RESOURCES -NONE 31
12.E. HUMAN SERVICES -NONE 31
12.F. LEISURE SERVICES -NONE 31
12.G. OFFICE OF MANAGEMENT AND BUDGET -NONE 31
12.H. RECREATION -NONE 31
12i PUBLIC WORKS -NONE 31
12..1 UTILITIES SERVICES 32
12.11. RELEASE OF RETAINAGE AND FINAL PAYMENT TO GIANNETTI
CONTRACTORS, INC. FOR THE ROCKRIDGE SEWER REPLACEMENT PROJECT
UCP -2521 32
12.J.2. AMENDMENT NO. 1 TO IRC CONTRACT 2006012 WITH POOLE AND KENT
COMPANY OF FLORIDA, INC. FOR THE EXPANSION OF THE NORTH RO WATER
TREATMENT PLANT TO ALLOW RELEASE OF RETAINAGE FOR SUBSTANTIALLY
COMPLETED ITEMS 33
12.J.3. AMENDMENT NO. 7 TO WORK ORDER No. 1 WITHECOTECH CONSULTANTS,
INC. 34
13. COUNTY ATTORNEY MATTERS 34
13.A. ATTORNEY-CLIENT SESSION CONCERNING LITIGATION WITH OCEAN
CONCRETE, INC. AND GEORGE MAIB 34
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December 16, 2008
13.B. APPROVAL OF PURCHASE OF PROPERTY LOCATED AT 1935 43RD AVENUE,
MERMAID CARWASH 35
13. C APPROVAL OF PURCHASE FOR RIGHT-OF-WAY OF PROPERTY LOCATED AT
3540 41ST STREET, VERO BEACH, FL 32967 36
13.D. APPROVAL OF MEDIATED SETTLEMENT AGREEMENT FOR PURCHASE OF
PROPERTY LOCATED AT THE SOUTHWEST CORNER STATE ROAD 60 AND 66TH
AVENUE 37
13.E. UNCONDITIONAL OFFER FOR PARCEL OF PROPERTY OWNED BYMARY
CHARLENE BROWN, 5145 AND 5115 66TH AVENUE, VERO BEACH 38
13.F. UNCONDITIONAL OFFER FOR A PARCEL OF LAND ON THE CORNER OF 66TH
AVENUE AND 49TH STREET OWNED BYMARY CHARLENE BROWN 38
13. G UNCONDITIONAL OFFER FOR PARCEL 112 ON 66THAVENUEOWNED BY
PHYLLIS AND LAWRENCE BROWN, 4785 66TH AVENUE, VERO BEACH 39
13.H. UNCONDITIONAL OFFER FOR PARCEL 105 ON 66THAVENUEOWNED BYERMA
LEE LEWIS, 5265 66TH AVENUE, VERO BEACH 40
13i UNCONDITIONAL OFFER FOR PARCEL 101 ON THE SOUTHWEST CORNER OF
66THAVENUEAND 61ST STREET OWNED BY HARRIS GROVES VERO BEACH,
FLORIDA 40
13.1 UNCONDITIONAL OFFER FOR PARCEL 106 ON 66THAVENUEOWNED BY JOHN
AND DEBRA MAROTTO, 5215 66H1 AVENUE, VERO BEACH 41
14. COMMISSIONER ITEMS 42
14.A. COMMISSIONER WESLEY$. DAVIS, CHAIRMAN 42
14.A.1. RESOLUTION TO RECONNECT THE SOUTH FLORIDA AND ST. JOHNS RIVER
WATER MANAGEMENT DISTRICTS 42
14.A.2. DISCUSSION REGARDING EX PARTE COMMUNICATIONS AND QUASI JUDICIAL
MATTERS 43
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -NONE 45
14. C COMMISSIONER GARY C. WHEELER -NONE 45
14.D. COMMISSIONER PETER D. O'BRYAN 45
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December 16, 2008
14.D.1. CLARIFICATION ON THE BOARD'S POLICY TO RE APPOINT AT -LARGE
MEMBERS TO COUNTY ADVISORY COMMITTEES 45
14.D. COMMISSIONER BOB SOLARI-NONE 49
15. SPECIAL DISTRICTS AND BOARDS 49
15.A. EMERGENCY SERVICES DISTRICT 49
15.A.1. APPROVAL TO PURCHASE ONE FIRE ENGINE AND ASSOCIATED EQUIPMENT
FOR FIRE RESCUE STATION 12 (GIFFORD COMMUNITY STATION) FROM TEN -8
FIRE EQUIPMENT, INC 50
15.B. SOLID WASTE DISPOSAL DISTRICT 50
15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF OCTOBER 21, 2008 50
15.B.2. APPROVAL OF MINUTES REGULAR MEETING OF NOVEMBER 4, 2008 50
15.B.3. PUBLIC ANNOUNCEMENT FOR RECYCLING DURING THE HOLIDAY SEASON 50
15.B.4. PUBLIC ANNOUNCEMENT FOR AN ANNUAL ELECTRONICS RECYCLING EVENT
ONJANUARY24, 2009 50
15. C ENVIRONMENTAL CONTROL BOARD -NONE 50
16. ADJOURNMENT 51
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December 16, 2008
December 16, 2008
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 16, 2008. Present were Chairman Wesley S. Davis, Vice Chairman
Joseph E. Flescher, and Commissioners Peter D. O'Bryan, Bob Solari, and Gary C. Wheeler.
Also present were County Administrator Joseph A. Baird, County Attorney William G.
Collins II, and Deputy Clerk Maureen Gelfo.
1. CALL TO ORDER
Chairman Davis called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Derrick West, First Baptist Church, delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
County Attorney William G. Collins II led the Pledge of Allegiance to the Flag.
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December 16, 2008
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY
ITEMS
1. Addition: Item 11.A. Update from the County Administrator on the
Baltimore Orioles
2. Deletion: Item 12.C.1., Custodial Services, for inclusion on the December
23, 2008 Agenda
3. Addition: of Item 14.C.1., by Commissioner Wheeler to discuss
appointments to the Treasure Coast Regional Planning Council.
Vice Chairman Flescher requested the addition of Item 10.B. Public Discussion,
stating that Mr. Todd Westover from Treasure Coast Refuse, had requested an opportunity to
speak regarding waste hauling in the Enterprise Zone.
Attorney Collins offered legal opinion on why it would not be appropriate to
have the discussion at this point. He conveyed that an advertisement had been published
yesterday seeking applications for hauling in the enterprise zone, and the ad instructed
prospective applicants not to contact the County Commission, County Administrator, or
SWDD staff, but to direct questions to the Purchasing Manager.
Vice Chairman Flescher provided the background on Mr. Westover's request,
noting that he was uncertain when the proper time would be for Mr. Westover to discuss his
urgent matter.
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December 16, 2008
Attorney Collins noted that there must be a public hearing before any franchise
could be awarded and that would be the proper time for the requested discussion. He stated
that for any individual potential applicant to speak now would be fraught with peril for
everyone.
Vice Chairman Flescher stated that he had not known what Mr. Westover or his
attorney was going to bring forward, but he had wanted to at least request the opportunity for
Mr. Westover to speak.
Attorney Collins stated that the Board would have to approve this matter
unanimously.
Matt Moral, 2850 North Andrews Avenue, Ft. Lauderdale, FL, legal counsel
for Mr. Westover, and representing Republic Services Limited of Florida, LP, dba Treasure
Coast Refuse, sought and was denied permission (pursuant to legal requirements), to discuss
the existing franchise held by Treasure Coast Refuse.
MOTION WAS MADE by Commissioner Wheeler
to not add Item 10.B. Public Discussion Items, to
the Agenda, and to bring it back at the appropriate
time.
Chairman Davis explained that the policy for emergency additions was that one
individual Board member could prohibit an emergency item from being added to the Agenda.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, by a 4-1 vote
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December 16, 2008
(Vice Chairman Flescher opposed), the Motion to
approve the above changes to the Agenda FAILED.
Chairman Davis questioned the Board's intentions and asked for separate
Motions on Items 11.A., and 14.C. He explained that an individual vote was unnecessary on
Item 12.C.1., because that was just a pull from the Agenda.
ON MOTION by Commissioner Solari,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved to add Item 11.A., Update on
the Baltimore Orioles, to the Agenda.
Chairman Davis announced that the next vote would be on Commissioner Items.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Wheeler, by a 4-1
vote (Vice Chairman Flescher opposed), the Motion
to approve the addition of Item 14.C., Discussion on
Appointments to the Treasure Coast Regional
Planning Council, FAILED.
Chairman Davis pointed out that the rules were that there must be a unanimous
vote on emergency items.
Commissioner Wheeler sought and received explanation by Vice Chairman
Flescher on his opposition to adding Item 14.C.
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December 16, 2008
ON MOTION BY Commissioner Solari,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Agenda as amended.
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION BY THE TAXPAYER'S ASSOCIATION OF INDIAN
RIVER COUNTY— MISER OF THE YEAR AWARD TO JOSEPH A. BAIRD,
INDIAN RIVER COUNTY ADMINISTRATOR
Rose Spytek, President Taxpayer's Association, and Paul Teresi, Vice
President and President -Elect, presented background on the Award before bestowing it upon
Joseph Baird, who thanked the Taxpayer's Association.
Chairman Davis thanked Ms. Spytek and Mr. Teresi for the feedback provided
by the Taxpayer's Association during the budget process.
S.B. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 7 -
13, 2008, AS DOLLARS FOR SCHOLARS WEEK
Commissioner Solari read and presented the proclamation to Lisa Zahner,
Executive Director of Dollars for Scholars, who thanked the Board for its continued support.
Ms. Zahner reported that scholarship applications were available online, and displayed the
trophy which would be awarded (in honor of long-time supporter Dr. Ronald Jaffe), to the
school with the highest percentage of its graduating class applying to Dollars for Scholars.
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December 16, 2008
6. APPROVAL OF MINUTES
6.A. REGULAR MEETING OF OCTOBER 14, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of October 14, 2008. There were none.
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner O'Bryan, the Board
unanimously approved the Minutes of the Regular
Meeting of October 14, 2008, as written.
6.B. REGULAR MEETING OF OCTOBER 21, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of October 21, 2008. There were none.
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Minutes of the Regular
Meeting of October 21, 2008, as written.
6.C. REGULAR MEETING OF NOVEMBER 4, 2008
The Chairman asked if there were any corrections or additions to the Minutes of
the Regular Meeting of November 4, 2008. There were none.
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Minutes of the Regular
Meeting of November 4, 2008, as written.
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December 16, 2008
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REQUIRING BOARD ACTION
7.A. RESIGNATION OF DISTRICT 1 APPOINTEE TO UTILITY ADVISORY
COMMITTEE
(Clerk's Note: Mr. Mark P. Grossman, District 1 Appointee to the Utility
Advisory Committee, has submitted his resignation. His term would expire in 2010).
7.B. CITY OF VERO BEACH APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2008-2009
(Clerk's Note: The list of newly appointed council members and appointments
from the City of Vero Beach to County committees and regional boards for the period of
November 2008 to November 2009 is on file in the office of the Clerk to the Board).
7.C. CITY OF FELLSMERE APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2008-2009
(Clerk's Note: The list of newly appointed council members and appointments
from the City of Fellsmere to County committees and regional boards for 2008-2009 is on file
in the office of the Clerk to the Board).
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December 16, 2008
7.D. SCHOOL BOARD APPOINTMENTS TO COUNTY COMMITTEES FOR 2008-
2009
(Clerk's Note: The list of newly appointed Board Members, Citizens and Staff
from the School Board to County committees and regional boards, pursuant to the November
18, 2008 Organizational Meeting of the School Board, is on file in the office of the Clerk to
the Board).
8. CONSENT AGENDA
Commissioner O'Bryan asked to pull for discussion, Item 8.J.
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the Consent Agenda as
amended.
8.A. APPROVAL OF WARRANTS AND WIRES NOVEMBER 21, 2008 THRU
DECEMBER 4, 2008
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the list of Warrants and
Wires as issued by the Clerk to the Board for the
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December 16, 2008
time period of November 21, 2008 through
December 4, 2008, as requested in the memorandum
dated December 4, 2008.
8.B. INTEREST RATE CHANGE ON ALL COUNTY FINANCING (PETITION
PAVING, UTILITY ASSESSMENT PROJECTS, UTILITY IMPACT FEES, ETC.)
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the fixed interest rate of
5.75%, which rate will remain in effect for calendar
year 2009 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 10, 2008.
8.C. MISCELLANEOUS BUDGET AMENDMENT 003
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Resolution 2008-199,
amending the fiscal year 2008-2009 Budget.
8.D. STEPHEN M. BAILEY, 26771 STREET (82" A VENUE TO %4TH AVENUE)
PAVING PROJECT
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December 16, 2008
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Alternative No. 1, the
Agreement to Purchase and Sell Real Estate with
Stephen M. Bailey, for $260,400, along with legal
fees of $3,500, and authorized the Chairman to
execute same, as recommended in the memorandum
of November 25, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.E. FINAL PAYMENT AND RELEASE OF RETAINAGE, APPLIED TECHNOLOGY
AND MANAGEMENT, INC., WORK ORDER #8
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the application for final
payment and release of retainage to Applied
Technology and Management, Inc., as
recommended in the memorandum of December 5,
2008.
8.F. FIRST AMENDMENT TO AGREEMENT — FLORIDA INSTITUTE OF
TECHNOLOGY, GRANT AGREEMENT FWC-06720
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December 16, 2008
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the First Amendment to
Agreement with Florida Institute of Technology
(FIT), as recommended in the memorandum of
December 5, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. FINAL PAYMENT TO ARCADIS, US, INC. FOR THE ROCKRIDGE SEWER
REPLACEMENT PROJECT - UCP -2521
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Amendment 1 to Work
Order 1 to Arcadis, US, Inc., and authorized final
pay and execution of same, as presented in the
memorandum of December 8, 2008.
8.H. AWARD OF BID # 2009019, THE ENCLAVE SUBDIVISION, IRC PROJECT
No. 0816
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved awarding the contract to
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December 16, 2008
Sheltra & Son Construction Co., Inc., in the amount
of $72,498.20, as recommended in the memorandum
of December 9, 2008.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.1. DENIS AND SHERYL SCARPINATO REQUEST FOR PARTIAL RELEASE OF
AN EASEMENT AT 2205 7711AVENUESE (LOT 20, RIVERPOINT
SUBDIVISION)
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Resolution 2008-200,
releasing a portion of an easement on Lot 20,
Riverpoint Subdivision.
8.J. CONSIDERATION OF SUBMITTAL OF AN APPLICATION FOR A STATE
SOVEREIGN SUBMERGED LANDS LEASE FOR COUNTY MANAGEMENT OF
BOAT CLUB ISLAND SPOIL ISLAND No. IR25)
Commissioner O'Bryan inquired about approaching the Florida Department of
Environmental Protection (FDEP) regarding renewal or extension of the County's
Management Agreement with the State for Boat Club Island, rather than submitting the fees
and multiple documents required by FDEP for the submerged lands lease.
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December 16, 2008
Roland DeBlois, Chief Environmental Planner, revealed that he had discussed
the situation with the Aquatic Preserve Boat Club Island staff, and the County would be
working with Aquatic staff to retain the docks, even if the County does not apply for the lease.
A brief discussion ensued regarding the opportunity for an individual or group to
adopt the Island.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, the Board
unanimously approved staff's recommendation: (1)
to not apply for a sovereignty submerged lands lease
for management of Boat Club Island and to let
management responsibilities revert to the Florida
Department of Environmental protection (FDEP);
and (2) directed staff to coordinate with FDEP
Aquatic Preserve staff with respect to repair of the
existing docks accessing the island, as
recommended in the memorandum of December 9,
2008.
8.K. FLORIDA POWER AND LIGHT (FPL) AGREEMENT TO INSTALL
ADDITIONAL STREET LIGHT IN THE GIFFORD STREET LIGHTING
DISTRICT
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
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December 16, 2008
unanimously authorized the County Administrator
to execute the FPL Street Lighting Agreement,
thereby authorizing FPL to proceed with the
installation of street lights in the Gifford area, as
recommended in the memorandum of December 2,
2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.L. RIGHT-OF-WAY ACQUISITION— 66THAVENUE#0370, 217N. PARK
BLVD., VENICE, FL 34285, BEATRICE B. AMENDOLA TRUST
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Alternative No. 1, the
Agreement to Purchase and Sell Real Estate with
Beatrice B. Amendola, Trustee, for the purchase
price of $84,645, plus engineering fees of $3,428.85
and attorney fees and costs of $6,348, and
authorized the Chairman to execute the Purchase
Agreement, as recommended in the memorandum of
December 8, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.M. WINDSOR PROPERTIES, INC. REQUEST FOR FINAL PLAT APPROVAL
FOR A SUBDIVISION TO BE KNOWN AS WINDSOR PLAT 26 P.D.
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December 16, 2008
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously granted final plat approval for Windsor
Plat 26 P.D., as recommended in the memorandum
of December 8, 2008.
8.N. REQUEST FOR BOARD APPROVAL OFA WORK PLAN MODIFICATION, A
BUDGET AMENDMENT AND CLOSEOUT OF THE COUNTY'S DISASTER
RECOVERY INITIATIVE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the revised project work plan
and budget amendment by authorizing the Chairman
to sign the modification forms, and by authorizing
the Chairman to sign and submit any CDBG related
documents to allow the County to close out the
Grant, as recommended in the memorandum of
December 4, 2008.
DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
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December 16, 2008
10. PUBLIC ITEMS
1O.A.1. CONSIDERATION OF AMENDMENTS TO RESTRICTIONS ON
PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS; LDR
CHAPTERS 901, 911, AND 912 (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Planning Director Stan Boling reviewed the backup memorandum of December
8, 2008, and used a PowerPoint (copy on file) to provide background and analysis on staffs
request to consider amendments to Chapters 901, 911, and 912 of the Land Development
Regulations (LDR's), which pertain to current restrictions on parking commercial vehicles in
residential areas. He thereafter presented the recommendations of staff, the Professional
Services Advisory Committee (PSAC), and the Planning and Zoning Commission (PZC), for
approval of the required amendments to the LDR's, by adoption of the proposed Ordinance.
Commissioner O'Bryan wondered about the inclusion of a 15,000 pound truck
under the vehicle allowances in the proposed amendments.
Director Boling acknowledged that the above was a heavy vehicle, but pointed
out that staff was comfortable with the vehicle sizes, and wanted to have a clear dividing line
between what is and is not permitted. He added that determinations had also been made as to
the types of vehicles that would not be allowed, such as bucket trucks, dump trucks, and semi
tractors.
Vice Chairman Flescher supported the proposed amendments, citing cases
where businesses have been forced to downsize and work from their own residences. He
pointed out that the updated restrictions would not impact public roads and bridges.
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December 16, 2008
Commissioner Wheeler questioned staff on how long a commercial vehicle
could be stored, and about whether the Ordinance update would impact the storage of
recreational vehicles, such as boats.
Staff thereafter responded to Commissioner Wheeler's concerns about the
proposed Ordinance being too restrictive for landowners in agricultural zoning who might
need to have on-site several trucks for a business operation.
The Chairman opened the public hearing.
Fred Mensing, 7580 129th Street, Sebastian, wanted to see exemptions from the
size restrictions (in addition to exemptions granted to tow trucks) granted to emergency
service vehicles and horse trailers which must be parked on-site at a residence.
Director Boling felt that most commercial vehicles would fit in the size
parameters set forth in the proposed amendments to the LDR's.
There were no additional speakers and the Chairman closed the public hearing.
ON MOTION by Vice Chairman Flescher,
SECONDED by Chairman Davis, the Board
unanimously adopted Ordinance 2008-021,
concerning an amendment to its land development
regulations (LDRs); providing for an amendment to
Chapter 901, definitions; Chapter 911, zoning, and
Chapter 912, single family development, by
amending general provisions Section 911.15, and by
amending parking and storage section 912.17, and
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December 16, 2008
by providing for repeal of conflicting provisions;
codifications; severability; and effective date.
10.A.2. PUBLIC HEARING TO AMEND CERTAIN SECTIONS OF THE
ANIMAL CONTROL ORDINANCE CODIFIED AT CHAPTER 302 OF THE
INDIAN RIVER COUNTY CODE (LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
John King, Director of Emergency Services, stated that he was accompanied by
Jason Ogilvie, Animal Control Manager. Director King recapped the backup memorandum of
December 3, 2008 and used a PowerPoint (copy on file) to provide background on the request
to amend certain sections of Chapter 302 of the County Code, the Animal Control Ordinance.
Director King summarized the key points of the four basic areas which staff wanted to update:
(1) procedure for application, issuance, and renewal of license; (2) license fees; (3)
impoundment, redemption, surrender, and disposition of non -quarantined animals; and (4)
dogs which are involved in a biting or attack incident.
following:
Director King reported that the proposed amendments would achieve the
• Permit owners to purchase both one (1) and three (3) year licenses
• Revise and create fees appropriate for the licenses
• Clarify "payment upon surrender of animal" language
• Revise notice of rights and appeals procedure for a biting or attack
incident.
18
December 16, 2008
Concluding his presentation, Director King presented staff's recommendation
for: (1) approval of the required amendments to Chapter 302, by adoption of the proposed
Ordinance; and (2) amendment of existing animal control licensing fees, by approval of the
proposed Resolution.
Regarding potentially dangerous dogs, Commissioner O'Bryan agreed with
giving the animal's owner five (5) working days to get his/her case together (Ordinance,
Section 302.081 [2)], page 203 of the backup), but wanted to include specifications for the
Emergency Services Director to shorten his review time to five (5) calendar, rather than five
(5) working, days.
Senior Assistant County Attorney Marian Fell read a proposed revision to the
Ordinance, which would provide for the Emergency Services Director's review time to be
shortened to five (5) calendar days, and not five (5) working days, and which provides for only
one review, rather than an additional appeal by the owner, as proposed in the first draft
Ordinance.
Chairman Davis desired to leave intact the existing license fees.
Budget Director Jason Brown responded to Commissioner Wheeler's questions
regarding the revenues generated by the license fees.
Commissioner Wheeler believed that the fee increase was appropriate, because
programs should be paid for by those who utilize them.
Chairman Davis expressed that it is not the pet owners who follow the rules who
have the issues with Animal Control; those owners who do not meet the requirements are the
ones who should be taxed or fined.
19
December 16, 2008
Commissioner Wheeler agreed with Chairman Davis's logic; nonetheless, he felt
that by not charging the pet owners, the entire expense burden for Animal Control is put upon
the taxpayers.
Commissioner Solari requested that staff provide a spreadsheet on revenues
related to Animal Control. He pointed out that the fee would just be paying for the program of
getting the animals licensed.
Vice Chairman Flescher felt that the proposed $5.00 increase for the license was
fair, as cost adjustments had not been made in quite awhile. He felt that the three-year license
would benefit the pet owners and help in the maintenance of Animal Control's database.
The Chairman opened the public hearing.
Fred Mensing, 7580 129th Street; Sebastian, felt it was unfair to have higher
fees for the owners of a gentle pet dog, but wanted to see financial penalties imposed on the
owners of aggressive, potentially vicious, breeds of dogs.
Director King informed Mr. Mensing that this item has come before the
Legislature, but as matters stand, the County is not allowed to have a breed -specific
Ordinance.
Renee Renzi, Waverly Place, asked the Board to consider the effects of the
requirement to provide a fee upon surrender of an animal (Ordinance Section 302.07(D)(1),
noting that some owners have back fees and might set the animal loose rather than incur
expenses for the unwanted pet.
20
December 16, 2008
There were no additional speakers, and the Chairman closed the public hearing.
Commissioners and staff continued to discuss situations where an owner wants
or needs to surrender an animal, but does not want to pay any required fees or back fines, and
who might decide to let his or her animal loose.
Commissioner O'Bryan suggested amending the language to Section 302.07(D)
(1) of the proposed Ordinance as follows: "An animal may be signed over to the animal
control division at any time prior to or during impoundment of any nature whatsoever by its
owner or his or her designee by executing an unconditional release and surrender statement..."
Commissioner O'Bryan stated that his forthcoming Motion would also include a
topic reviewed with Attorney Fell earlier (in today's discussion), wherein the Emergency
Director's review time of a case would be shortened to five (5) calendar, rather than working
days, and which provides for only one review (rather than an additional appeal by the Owner,
as set forth in the proposed amendments).
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, to
approve staff's recommendation, with the following
changes: (1) amend Section 302.07(D)(1), to
include "...at any time prior to or during
impoundment of any nature..."; and (2) amend
Section 302.081(A)(2) to stipulate that the
Emergency Services Director's review time would
be five (5) calendar days, and provide for only one
review (rather than allowing an additional appeal by
21
December 16, 2008
the owner, as set forth in the proposed
amendments).
Under discussion, Chairman Davis wanted the licensing fee structure to remain
the same.
The Chairman CALLED THE QUESTION, and by
a 4-1 vote (Chairman Davis opposed), the Motion
carried. The Board: (1) adopted Ordinance 2008-
022, with the above changes, amending Sections
302.04 (B) and 302.04 (D) of the County's Animal
Control Ordinance to allow three year licenses for
three year vaccinations; amending Section 302.07
(D) (1) to clarify payment upon surrender of an
animal; and amending Section 302.081 (A) of the
County's Animal Control Ordinance to provide a
right of appeal prior to the imposition of reasonable
restrictions on a dog involved in any biting or attack
incident that does not result in severe injury or
death; providing for severability; providing for
repeal of other conflicting Ordinances; providing for
inclusion in the Code of Ordinances of Indian River
County; providing for filing with the Department of
State; and providing for an effective date; and (2)
approved Resolution 2008-201, amending certain of
the existing fees and procedures found in Part A,
license and impoundment fees, of Resolution 2006-
22
December 16, 2008
005 related to the enforcement of the Animal
Control Ordinance.
The Chairman called a recess at 10:31 a.m. and reconvened the meeting at
10:43 a.m., with all members present.
10.A. 3. PUBLIC HEARING FOR APPROVAL OF A RESOLUTION ELECTING
TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION AND
ENFORCEMENT OF NON AD VALOREM ASSESSMENTS FOR THE GIFFORD
COMMUNITY CENTER MUNICIPAL SERVICE BENEFIT UNIT
(LEGISLATIVE)
PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE
OFFICE OF THE CLERK TO THE BOARD
Deputy County Attorney William DeBraal reported that this was the first of two
Public Hearings. He recapped the backup memorandum of December 8, 2008, to provide
background and details on the request to use non -ad valorem assessments for maintenance,
operation, and improvement of the Gifford Community Center, through the creation of a new
Municipal Services Benefit Unit (MSBU). Attorney DeBraal displayed an aerial projection
of the proposed MSBU area; pointed out two changes to the map; and informed
Commissioners that if the Resolution was approved, an explanatory letter would be sent to the
residents within MSBU boundaries. Attorney DeBraal thereafter requested Board approval of
the proposed Resolution, and of the MSBU Map and legal description.
The Chairman opened the public hearing. Seeing none, the Chairman closed the
public hearing.
23
December 16, 2008
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to
approve staff's recommendation, including the map
and legal description for the Municipal Service
Benefit Unit.
Attorney DeBraal clarified that as it was a statutory requirement for this item to
go to the second public hearing, Commissioner Wheeler did not need to include the request in
his Motion.
Commissioner Solari advocated having the most possible communications with
the residents as possible, and also wanted to have notice provided to the main community
groups in Gifford, like the Progressive Civil League, NAACP, and COPE. He wondered: (1)
if there was some mechanism for accountability in the MSBU to make sure funds were
properly used; and (2) whether there should be a five-year sunset clause, so the community
could make future determination on whether or not it wished to continue with the Gifford
MSBU.
Attorney DeBraal declared that he would provide notice to the Gifford
Community Groups and informed Commissioners that Budget Director Jason Brown had been
working on budget matters with the Gifford Progressive Civil League.
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board approved:
(1) Resolution 2008-202, electing to use the
uniform method for the levy, collection, and
enforcement of non ad valorem assessments
pursuant to Florida Statute Section 197.3632 to
24
December 16, 2008
recover the costs of operation, maintenance and
improvement of the Gifford Community Center; and
(2) the Map and legal description for the Municipal
Service Benefit Unit.
10.B. PUBLIC DISCUSSION ITEMS -NONE
10. C. PUBLIC NOTICE ITEMS -NONE
11. COUNTY ADMINISTRATOR'S MATTERS -NONE
11.A.1. UPDATE ON ORIOLES
Administrator Baird recapped that at the December 2, 2008 Board of County
Commission meeting, the Commissioners extended to the Baltimore Orioles a deadline of
December 15, 2008 for their acceptance or rejection of the County's final proposal. He
informed Commissioners that the Orioles had proposed a counter-offer which was
substantially different than the County's offer, which was received on December 12, 2008.
Administrator Baird concluded that since the Commission has established a deadline, and the
Orioles have not accepted the final offer, County negotiations with the team would be
terminated, effective December 15, 2008, unless the Board votes otherwise.
Chairman Davis questioned whether the County's offer should be rescinded if
discussions are terminated with the Orioles.
Attorney Collins advised that if an offer is on the table and the County's intent is
to move on, it is better to rescind the offer.
25
December 16, 2008
Commissioner O'Bryan offered for consideration a four -point plan: (1) reject
the Orioles' counter-offer received as of December 12, 2008; (2) rescind the County's October
30, 2008 offer; (3) impose a 30 -day cooling off period; and (4) eliminate any confidentially
restrictions on Board members or County.
MOTION WAS MADE by Commissioner O'Bryan,
SECONDED by Commissioner Solari, to: (1) officially
reject, in writing, the Orioles' counter-offer, which was
received as of December 12, 2008; (2) officially rescind the
County's October 30, 2008 final offer; (3) impose a 30 -day
cooling off period with the Baltimore Orioles; and (4)
officially notify the Baltimore Orioles of the County's
intent to eliminate, as of December 16, 2008, the
confidentiality restrictions which had been imposed upon
the County and Board members.
Joseph Paladin, President, Black Swan Consulting, urged the Commissioners to
exercise caution in setting an ultimatum and drawing a line in the sand, because there are not
too many chances to bring professional ball teams into the County.
Administrator Baird responded to questions from Bob Johnson, Coral Wind
Subdivision, regarding other possible options to take, before discontinuing current
negotiations with the Orioles.
Mr. Paladin felt that the County needed more information before concluding
negotiations, and that the County should exercise every option to try to draw the Baltimore
Orioles to Vero Beach.
26
December 16, 2008
Commissioner O'Bryan talked about the tremendous efforts put forth by
Administrator Baird and Vero Beach City Manager Jim Gabbard, in trying to accommodate
the Orioles. He declared that it is time to move forward, noting that other venues are hesitant
to come here because of the pending contract. He divulged that the counter-offer made by the
Orioles was insulting, and that the concessions they were asking of the City and County were
unheard of and far removed from the County's offer.
Fred Mensing, 7580 129th Street, Sebastian, was opposed to throwing the
Orioles totally out; instead he wanted to let the team know that their counter-offer has been
rejected and the County would henceforth be considering offers by other venues.
Mr. Paladin urged the Board to hold a public workshop on this very important
topic, which affects the whole community.
Chairman Davis sought and received confirmation from Attorney Collins that
official action could be taken at today's meeting.
Bill Curtis, 3410 Buckinghammock Trail, felt that the County was in a strong
position, with a lot to offer the Orioles or any other business, and Commissioners and staff
should think positively about moving forward.
Administrator Baird attested to the advantages which the County could offer to
the Orioles.
Commissioner Solari supported Commissioner O'Bryan's Motion; remarked
that the County had offered a lavish and substantial package to the Orioles; and declared that,
with maintenance costs for the Stadium at $100,000 per month, the County needed to move
rapidly forward.
27
December 16, 2008
Vice Chairman Flescher felt that Commissioner O'Bryan's Motion would still
allow the opportunity for the Orioles to come back, if they so desired; however, he agreed that
it was time to move on, be open, and get a team into the Stadium.
The Chairman CALLED THE QUESTION. The Board
unanimously approved to: (1) officially reject, in writing,
the Baltimore Orioles' counter offer, which was received on
December 11, 2008; (2) officially rescind, in writing, the
County's October 30, 2008 final offer; (3) impose a 30 -day
cooling off period with the Baltimore Orioles; and (4)
officially notify the Baltimore Orioles of the County's
intent to eliminate, as of December 16, 2008, the
confidentiality restrictions which had been imposed upon
the County.
12. DEPARTMENTAL MATTERS
12.A. COMMUNITY DEVELOPMENT
12.A.1. REQUEST FOR A UTHORIZATION FOR STAFF TO ISSUE A REQUEST
FOR PROPOSALS TO HIRE A CONSULTANT TO ADMINISTER A
NEIGHBORHOOD STABILIZATION PROGRAM COMMUNITY DEVELOPMENT
BLOCK GRANT
Community Development Director Bob Keating reviewed the backup
memorandum of December 5, 2008 to provide details and analysis on the request for proposals
(RFP) to hire a consultant to administer Community Development Block Grant (CDBG) funds
under a new Neighborhood Stabilization Program (NSP). He divulged that the County would
28
December 16, 2008
be receiving two categories of funds: (1) about $3.5 million to acquire and rehabilitate
foreclosed homes for re -sale to low and very low-income households; and (2) about $1 million
to acquire and rehabilitate foreclosed homes for renting to very low income households.
Director Keating thereafter presented staff's recommendation to authorize the Community
Development Director to issue a Request For Proposal to hire a consultant to administer the
NSP grant.
Chairman Davis wanted to minimize government involvement, and turn the
money over to those organizations with experience in this field.
Director Keating related that any non-profit which becomes involved in this
enterprise must have five years of experience in this area. He conveyed that the County has
oversight responsibility for the project, and that the maximum amount that can be used for
administration of the Grant is 6%.
Commissioner O'Bryan asked where the rental money goes, and learned from
Director Keating that any income derived from the process, which has not been used to off -set
expenses, reverts to the State.
Sasan Rohani, Chief of Long -Range Planning, disclosed for Commissioner
Solari that the clock has not begun for this project, and that the County would have ten (10)
months to utilize the Grant funds.
Commissioner Solari observed that the rents generated from the properties
would probably not cover the full expenses for the property's insurance, taxes and
maintenance, and felt it would be beneficial to have early and substantial involvement from
local housing groups and local charitable organizations, because each one of the houses would
need substantial help going forward.
29
December 16, 2008
Responding to Commissioner Wheeler's query, Director Keating divulged that
staff has discussed with the Housing Authority the oversight of the rentals; and that several
non -profits and the Habitat for Humanity were qualified to oversee the ownership side of the
program.
Commissioner Wheeler expressed concerns about the homeowners who are on
the edge of foreclosure, and who lack the money to do necessary repairs to the home.
Director Keating explained that a lot of rehabilitation loans are provided by
SHIP (State Housing Initiatives Partnership Program). He then responded to further questions
from Commissioners regarding the SHIP Program, and the use of NSP funds.
Sasan Rohani responded to Julianne Price's question regarding the five-year
requirement for non-profit organizations to participate in the program.
Teddy Floyd stated that the non-profit organizations could work together with
the County to help the people requiring assistance.
Jim Davis, 775 Broadway Street, and a member of Coalition for Affordable
Homes, Mental Health Collaborative, and Vice President Elect of the County Chapter of the
Alliance of the Mentally Ill, reported that a group of non -profits had come together in their
commitment to make this program a viable opportunity for many disadvantaged people.
Bridey Buetell, 408 21St Street SE, Program Administrator for the Mental
Health Collaborative, revealed that there currently exists a lack of housing for the mentally ill.
She voiced that this Grant was a once-in-a-lifetime opportunity for the non-profit
organizations to assist populations who need some housing options.
30
December 16, 2008
ON MOTION BY Commissioner O'Bryan, SECONDED
by Commissioner Wheeler, the Board unanimously
approved authorization for the Community Development
Director to issue an RFP to hire a consultant to administer a
NSP Grant, as recommended in the memorandum of
December 5, 2008.
12. B. EMERGENCY SERVICES -NONE
12. C. GENERAL SERVICES
12. C 1. CUSTODIAL SERVICES
PULLED
12.D. HUMAN RESOURCES -NONE
12. E. HUMAN SER VICES -NONE
12. F. LEISURE SERVICES -NONE
12. G. OFFICE OF MANAGEMENT AND BUDGET -NONE
12.H. RECREATION -NONE
12.1. PUBLIC WORDS NONE
31
December 16, 2008
12.J. UTILITIES SERVICES
12.J.1. RELEASE OF RETAINAGE AND FINAL PAYMENT TO GIANNETTI
CONTRACTORS, INC. FOR THE ROCKRIDGE SEWER REPLACEMENT
PROJECT UCP -2521
well done.
(Clerk's Note: This item was heard following 13.A. County Attorney Matters).
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to approve staff's
recommendation.
Commissioner O'Bryan commended Director of Utilities Erik Olson for a job
Chairman Davis agreed, and also extended kudos to Director Olson and staff.
Director Olson credited Project Manager Larry Brown and Giannetti
Contractors, Inc., with the positive outcome of this project, and invited the Commissioners and
public to visit and see the positive changes to the Rockridge neighborhood.
Administrator Baird and Director Olson also thanked and commended Phil
Carpenter, President of the Rockridge Homeowners Association.
The Chairman CALLED THE QUESTION, and the
Motion carried unanimously. The Board
unanimously approved final pay and release of
retainage to Giannetti Contractors for $644,888.56,
32
December 16, 2008
as recommended in the memorandum of December
5, 2008.
12.J.2. AMENDMENT NO. 1 TO IRC CONTRACT 2006012 WITH POOLE AND
KENT COMPANY OF FLORIDA, INC. FOR THE EXPANSION OF THE NORTH
RO WATER TREATMENT PLANT TO ALLOW RELEASE OF RETAINAGE FOR
SUBSTANTIALLY COMPLETED ITEMS
ON MOTION by Commissioner Wheeler,
SECONDED by Commissioner O'Bryan, the Board
unanimously: (1) approved Change Order No. 6 to
IRC Contract 2006012 with Poole and Kent
Company of Florida, Inc. to increase the contract in
the amount $17,278.00; (2) approved Amendment
No. 1 to Contract No. 2006012 that allows release of
retainage for components that have been
substantially completed by the County; and (3)
authorized the Chairman to execute same, as
recommended in the memorandum of December 5,
2008.
CHANGE ORDER IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
33
December 16, 2008
12.J.3. AMENDMENT No. 7 TO WORK ORDER No. 1 WITHECOTECH
CONSULTANTS, INC.
ON MOTION by Vice Chairman Flescher,
SECONDED by Commissioner Wheeler, the Board
unanimously approved Amendment No. 7 to Work
Order No. 1 with Ecotech Consultants, Inc., in the
amount of $6,500.00, and authorized the Chairman
to execute same, as recommended in the
memorandum of November 21, 2008.
AMENDMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. COUNTY ATTORNEY MATTERS
13.A. ATTORNEY-CLIENT SESSION CONCERNING LITIGATION WITH OCEAN
CONCRETE, INC. AND GEORGE MAIB
(Clerk's Note: At 11:43 a.m., the Chairman announced that the Board would
retreat to the County Commission Conference Room to conduct the Attorney -Client Session
that was scheduled for 11:30 a.m.)
Chairman Davis read into the record the Attorney -Client Session. Those in
attendance were Commissioners Wesley S. Davis, Joseph E. Flescher, Peter D. O'Bryan, Gary
34
December 16, 2008
C. Wheeler, and Bob Solari; County Administrator Joseph A. Baird, County Attorney William
G. Collins II, Assistant County Attorney George Glenn, and Sharleen J. Sudbury, Certified
Court Reporter.
(The Commissioners returned to the Chambers at 12:17 p.m., and the Chairman
closed the Attorney -Client Session. The Commissioners recessed for lunch at 12:20 p.m., and
returned to the Chambers at 1:30 p.m.)
13.B. APPROVAL OF PURCHASE OF PROPERTY LOCATED AT 1935 43RD
AVENUE, MERMAID CAR WASH
Attorney DeBraal recapped the backup memorandum of December 8, 2008, to
provide background and analysis on the request to purchase the entire Mermaid Carwash
property from Timothy and Joshana Tynes. He reported that the Tynes were asking for
extended possession until March 31, 2010, with a provision for early taking, which would
require payment of $5,000 for every month that the County takes possession prior to that date.
He thereafter presented staff's recommendation to approve the Purchase and the Lease
Agreements.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to
approve staff's recommendation.
Commissioner O'Bryan was opposed to the $5,000 penalty for the early take.
Discussion ensued as staff responded to questions and comments from the
Commissioners regarding the $5,000 penalty. Public Works Director Jim Davis conveyed that
35
December 16, 2008
it was hard to guarantee anything in today's environment, but he did not see that the County
would need the property prior to March 2010.
Attorney DeBraal responded to Commissioner Wheeler's questions regarding
what the process would be to re -negotiate the Agreement, if the $5,000 condition was removed
from the Agreement.
The Chairman CALLED THE QUESTION, and by
a 4-1 vote (Commissioner O'Bryan opposed), the
Motion carried. The Board: (1) approved the
purchase of the entire Mermaid Carwash property,
and authorized the Chairman to execute the
Agreement to Purchase and Sell Real Estate, with
Timothy E. and Joshana Tynes; and (2) the Lease
Agreement with Timothy E. Tynes and Joshana
Tynes and Mermaid Carwash, Inc.
AGREEMENTS ARE ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13. C. APPROVAL OF PURCHASE FOR RIGHT-OF-WAY OF PROPERTY
LOCATED AT 3540 41ST STREET, VERO BEACH, FL 32967
Assistant County Attorney George Glenn informed the Commissioners that the
purchase of right-of-way from the Gaeta Development Company, was necessary for future
road improvements to 41st Street.
36
December 16, 2008
ON MOTION by Commissioner Solari,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved the Agreement to Purchase
and Sell Real Estate for the 41st Street right-of-way,
with Neil Gaeta, Trustee, and Gaeta Development
Company, and authorized the Chairman to execute
same, as recommended in the memorandum of
December 9, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.D. APPROVAL OF MEDIATED SETTLEMENT AGREEMENT FOR PURCHASE
OF PROPERTY LOCATED AT THE SOUTHWEST CORNER STATE ROAD 60
AND 66' AVENUE
Attorney DeBraal recapped the backup memorandum of December 4, 2008, to
provide background and chronology on the Mediated Settlement Agreement for the property
owned by State Hwy 60/Kings Hwy LLC. He used an aerial projection to display the subject
parcels, and provided details on the County's future road improvement plans for 66th Avenue.
He thereafter presented staff's recommendation to approve the Mediated Settlement
Agreement for the purchase of the subject property.
ON MOTION by Commissioner Wheeler,
SECONDED by Chairman Davis, the Board
unanimously approved the Mediated Settlement
Agreement with State Hwy 60/Kings Hwy, LLC, for
37
December 16, 2008
the aggregate sum of $1,900,000, as recommended
in the memorandum of December 4, 2008.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
13.E. UNCONDITIONAL OFFER FOR PARCEL OF PROPERTY OWNED BY MARY
CHARLENE BROWN, 5145 AND 5115 66THAVENUE, VERO BEACH
Attorney DeBraal displayed an aerial projection of the 2.0 acre parcel owned by
Mary Charlene Brown, and provided background description on the request to make an
unconditional offer for the parcel. He thereafter presented staff's recommendation to approve
the unconditional offer to purchase the necessary right-of-way, or the entire parcel.
ON MOTION by Commissioner Solari,
SECONDED by Commissioner Wheeler, the Board
unanimously approved the unconditional offer to
purchase the necessary right-of-way from Ms. Mary
Charlene Brown, at a price of $259,555, and the
unconditional offer to purchase the entire parcel for
$385,250, as recommended in the memorandum of
December 10, 2008.
13.F. UNCONDITIONAL OFFER FOR A PARCEL OF LAND ON THE CORNER OF
66THAVENUEAND 49TH STREET OWNED BY MARY CHARLENE BROWN
Attorney DeBraal displayed an aerial projection of the subject property, owned
by Mary Charlene Brown, and provided background description on the request to make an
38
December 16, 2008
unconditional offer for the parcel. He thereafter presented staff's recommendation to extend
to Ms. Brown an unconditional offer, to either purchase the necessary right-of-way or the
entire parcel.
ON MOTION by Commissioner Flescher,
SECONDED by Chairman Davis, the Board
unanimously approved an unconditional offer to
purchase the necessary right-of-way from Ms. Mary
Charlene Brown, at a price of $247,250 and an
unconditional offer to purchase the entire parcel for
$373,750, as recommended in the memorandum of
December 10, 2008.
13.G. UNCONDITIONAL OFFER FOR PARCEL 112 ON 66TH AVENUE OWNED BY
PHYLLIS AND LAWRENCE BROWN, 4785 66TH AVENUE, VERO BEACH
Attorney DeBraal displayed an aerial projection of the subject property, owned
by Phyllis and Lawrence Brown, and provided background description on the request to make
an unconditional offer for the parcel. He thereafter presented staff's recommendation to
extend to Mr. and Mrs. Brown an unconditional offer, to either purchase the necessary right-
of-way, or the entire parcel.
ON MOTION by Commissioner O'Bryan,
SECONDED by Chairman Davis, the Board
unanimously approved an unconditional offer to
purchase the necessary right-of-way from Mr. and
Mrs. Brown, at a price of $206,770, and an
39
December 16, 2008
unconditional offer to purchase the entire parcel for
$304,750, as recommended in the memorandum of
December 9, 2008.
13.H. UNCONDITIONAL OFFER FOR PARCEL 105 ON 66THAVENUEOWNED BY
ERMA LEE LEWIS, 5265 66TH AVENUE, VERO BEACH
Attorney DeBraal displayed an aerial projection of the subject property, owned
by Erma Lee Lewis, and provided background description on the request to make an
unconditional offer for the parcel. He thereafter presented staff's recommendation to extend
to Ms. Lewis an unconditional offer to either purchase the necessary right-of-way, or the entire
parcel.
ON MOTION by Commissioner Solari,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved an unconditional offer to
purchase the necessary right-of-way from Mrs.
Lewis, at a price of $118,335 and an unconditional
offer to purchase the entire parcel for $212,750, as
recommended in the memorandum of December 9,
2008.
13.1. UNCONDITIONAL OFFER FOR PARCEL 101 ON THE SOUTHWEST
CORNER OF 66TH AVENUE AND 615T STREET OWNED BY HARRIS GROVES
VERO BEACH, FLORIDA
40
December 16, 2008
Attorney DeBraal displayed an aerial projection of the subject property, owned
by Harris Groves, and provided background description on the request to make an
unconditional offer for the parcel. He thereafter presented staff's recommendation to extend
to Harris Groves an unconditional offer to purchase the necessary right-of-way, noting that
because of the size of the property, staff did not recommend purchasing the whole property.
ON MOTION by Commissioner Solari,
SECONDED by Commissioner O'Bryan, the Board
unanimously approved an unconditional offer to
purchase the necessary right-of-way from Harris
Groves at a price of $148,350, as recommended in
the memorandum of December 9, 2008.
13.J. UNCONDITIONAL OFFER FOR PARCEL 106 ON 66TH AVENUE OWNED BY
JOHN AND DEBRA MAROTTO, 5215 66THAVENUE, VERO BEACH
Attorney DeBraal displayed an aerial projection of the subject property, owned
by John and Debra Marotto, and provided background description on the request to make an
unconditional offer for the parcel. He thereafter presented staff's recommendation to extend
to Mr. and Mrs. Marotto an unconditional offer to purchase either the necessary right-of-way,
or the entire parcel.
ON MOTION by Commissioner O'Bryan,
SECONDED by Vice Chairman Flescher, the Board
unanimously approved an unconditional offer to
purchase the necessary right-of-way from Mr. and
Mrs. Marotto at a price of $233,105, and an
41
December 16, 2008
unconditional offer to purchase the entire parcel for
$327,750, as recommended in the memorandum of
December 9, 2008.
14. COMMISSIONER ITEMS
14.A. COMMISSIONER WESLEY$. DAVIS, CHAIRMAN
14.A.1. RESOLUTION TO RECONNECT THE SOUTH FLORIDA AND ST. JOHNS
RIVER WATER MANAGEMENT DISTRICTS
Chairman Davis provided background information on the request from the
Indian River Citrus League for Board support of a draft Resolution to reconnect the South
Florida and St. Johns River Water Management Districts (SJRWMD). Chairman Davis
informed the other Commissioners that he would also be asking St. Lucie County to support
the Resolution. He thereafter asked for a Motion to direct staff to review the draft Resolution,
and bring it back for review, to the Board of County Commissioner Meeting on December 23,
2008.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Vice Chairman Flescher, to
approve Chairman Davis's request.
Chairman Davis responded to Commissioner O'Bryan's question regarding
water routing east and west of the sand ridge.
Commissioner Solari made observations about the benefits of reconnecting the
two Water Districts.
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December 16, 2008
The Chairman CALLED THE QUESTION and the
Motion carried unanimously. The Board directed
legal staff to review the draft Resolution and bring it
back before the Board on December 23, 2008, with
comments and suggestions for finalization, as
recommended in the memorandum of December 8,
2008.
14.A. 2. DISCUSSION REGARDING EX PARTE COMMUNICATIONS AND QUASI
JUDICIAL MATTERS
Chairman Davis sought legal opinion on the proposed Disclosure Form (page
390 of the backup) for the Commissioners to disclose any ex parte conversations they may
have prior to a quasi-judicial matter. He declared that he would like the opportunity to have
conversations with his constituents and to subsequently disclose those conversations.
Chairman Davis added that although he would like the Board's support on this, he was not
saying that each Commissioner had to follow his example.
Attorney Collins stated that the substance of any ex parte conversation should be
added to the Disclosure Form, discussed the two alternative procedures laid out in Statute
286.0115 (pages 391 and 392 of the backup), and recommended that the Board follow Chapter
286.0115(1)(a), subsections (c)1 -(c)4, whereby communications and the identity of the person
with whom they took place are disclosed and made part of the record before final action.
Deliberations ensued as Commissioners discussed whether it was preferable to
use the Disclosure Form, or to limit communications to an open forum discussion, when
something was quasi-judicial in nature.
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December 16, 2008
Commissioner Wheeler wanted to know if each Commissioner could determine
whether or not to use the Disclosure Form or to limit conversations to the public hearing.
Attorney Collins revealed that the procedure for disclosure must be adopted by
Ordinance or Resolution. He conveyed that each Commissioner could make the decision
whether or not to meet with the individual and file the disclosures, or they could inform the
constituent they would rather have the conversation be on record.
The Commissioners continued to discuss whether it would be best to allow the
ex parte communications via the Disclosure Forms, or to limit discussions to the public
hearings.
Commissioner O'Bryan suggested that the Commissioners receive written
communications, which could be put into the public record.
Attorney Collins explained that the law makes a distinction between written and
oral ex parte communications. He explained that a Resolution could be drafted such that the
Board could receive written communications as long as they are made part of the record.
Joseph Paladin, Black Swan Consulting, supported having the Disclosure
Form, stating that it was a matter not only of transparency in the government, but a matter of
having the Commissioners receive all pertinent information.
Commissioner Solari felt that it would be better to put everything in writing, so
that all Commissioners could receive the same information.
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December 16, 2008
Mr. Paladin suggested having a constituent accompany any personal visit to a
Commissioner with a written summary of what was to be discussed at the meeting.
Commissioner O'Bryan was hesitant to take Mr. Paladin's above suggestion,
and reiterated that a constituent could submit his/her ideas in writing. He inquired whether it
was necessary to approve a Resolution to remove the presumption of prejudice from written ex
parte communications.
Attorney Collins stated that after a Motion from the Board, he would draft a
Resolution to be brought back to a future meeting.
ON MOTION by Commissioner O'Bryan,
SECONDED by Commissioner Solari, the Board
unanimously directed the County Attorney to draft a
Resolution allowing the process for written Ex -Parte
communication.
14.B. COMMISSIONER JOSEPH E. FLESCHER, VICE CHAIRMAN -NONE
14. C. COMMISSIONER GARY C. WHEELER -NONE
14.D. COMMISSIONER PETER D. O'BRYAN
14.D.1. CLARIFICATION ON THE BOARD'S POLICY TO REAPPOINT AT -
LARGE MEMBERS TO COUNTY ADVISORY COMMITTEES
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December 16, 2008
Commissioner O'Bryan stated that there had been rumors about expiring
advisory committee terms becoming open positions, to be filled through a process other than
blanket re -appointment, which has been done for the past three years. He felt that the blanket
re -appointments were efficient and cost-effective, and would not prohibit a Commissioner (via
a majority vote), from removing an at -large member. He thereafter sought clarification that
Board policy, as it has been, was to have a blanket re -appointment of at -large advisory
committee members.
Chairman Davis supported the idea of blanket re -appointments. He suggested
that the committee appointments be handled similarly to the Consent Agenda, so
Commissioners could vote separately on any individual who has been pulled from the list of
re -appointees. In the event of two individuals applying for the same seat, he wanted to see the
Board vote on the two applicants.
Commissioner Solari wondered if a nomination would have to be made at the
same time that the Board voted to remove, or not re -appoint, an individual from a committee.
Commissioner O'Bryan pointed out that the advisory committee vacancy does
not occur until the Board votes to remove the committee member. At that point, the Board can
advertise for an applicant to fill the position.
Vice Chairman Flescher did not believe it has been Board policy, but rather the
general practice, to have the blanket re -appointments. He declared that there was no reason to
have a term limit, unless there was going to be a choice at the end of that term.
Attorney Collins clarified that all the committee members served at the pleasure
of the Board, whether it was for a two-year term or not. He stated that the Board has the
power to reappoint, and it controls how appointments are maintained or changed.
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December 16, 2008
Vice Chairman Flescher asked whether any committee member's removal might
result in a vacancy for a period of time, pursuant to Resolution 2008-112, which addresses
policy for appointing "at large" members to advisory committees.
Attorney Collins explained that if a position becomes vacant, the vacancy will
be advertised under "Informational Items" on the Board Agenda. Applications will be
accepted for two weeks, at which time the Board votes on whoever is best suited among the
applicants.
Commissioner Solari liked the idea of having the opportunity to review the
committees, and to meet with the applicants, should there be more than one person wanting to
serve on a vacancy.
Commissioner O'Bryan wanted to stick with current policy of re -appointing the
members. If a Commissioner wants to replace an at -large member, he could pull the member
off of the committee, and secure a majority vote.
Chairman Davis wanted any citizen who applies for a committee position, to
have the opportunity to state their case to the Commission, even if the current appointee has
not been pulled.
The Commissioners continued debate on the intent of the Resolution, and proper
procedure for removal and replacement of a committee member.
Commissioner O'Bryan reminded Board members that the position is not open
until there is a majority vote to remove the committee member, and the Resolution mandates
that an open position must be advertised for two weeks.
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December 16, 2008
Commissioner Wheeler remarked that if a Commissioner wanted to replace a
committee member with another individual, he should just bring it before the Board and if a
majority votes on it, it is accomplished.
Mr. Paladin questioned whether someone could apply for a position prior to its
becoming vacant.
Commissioner O'Bryan responded that, because a vacancy was for an at -large
committee member, the replacement could not be made for two weeks, due to the advertising
requirement.
Commissioner Solari was fine with pulling someone off the Consent Agenda,
but wanted to know if he would have to nominate a candidate or candidates if he wanted a
committee member or members pulled.
Commissioners continued to discuss procedures for filling at -large committee
vacancies prior to, and subsequent to, Resolution 2008-112.
MOTION WAS MADE by Commissioner Solari for the
Commissioners to send in their recommendations for any
at -large committee members that they would prefer to fill a
committee position, prior to the week in January at which
the list of committee appointments is placed on the Agenda
for approval, and have the vote be taken at that time.
MOTION DIED FOR LACK OF A SECOND.
Commissioner Solari noted that his idea would provide a relatively quick
process for dealing with the Committees at one meeting.
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December 16, 2008
Vice Chairman Flescher did not believe that Commissioner Solari's Motion was
consistent with Resolution 2008-112.
Charlie Wilson, 1057 6th Avenue, felt that the time for a new appointee to come
forward would be at the time of term expiration.
Commissioner Solari recapped that it seemed as if the Board would place on the
Consent Agenda, the committee members whose terms were expiring, and any Commissioner
who wanted to pull a position or positions could do so, and that would start the vacancy
process.
NO BOARD ACTION TAKEN OR REQUIRED
14.D. COMMISSIONER BOB SOLARI-NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCY SERVICES DISTRICT
The Chairman announced that immediately upon adjournment of the regular
Board of County Commission meeting, the Board would reconvene as the Board of
Commissioners of the Emergency Services District. Those Minutes are being prepared
separately and appended to this document.
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December 16, 2008
15.A. 1. APPROVAL TO PURCHASE ONE FIRE ENGINE AND ASSOCIATED
EQUIPMENT FOR FIRE RESCUE STATION 12 (GIFFORD COMMUNITY
STATION) FROM TEN -8 FIRE EQUIPMENT, INC.
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 and appended to
this document.
15.B.1. APPROVAL OF MINUTES REGULAR MEETING OF OCTOBER 21, 2008
15.B.2. APPROVAL OF MINUTES REGULAR MEETING OF NOVEMBER 4, 2008
15.B.3. PUBLIC ANNOUNCEMENT FOR RECYCLING DURING THE HOLIDAY
SEASON
15.B.4. PUBLIC ANNOUNCEMENT FOR AN ANNUAL ELECTRONICS
RECYCLING EVENT ON JANUARY 24, 2009
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
50
December 16, 2008
BK 13e be 033
15.B.4. PUBLIC ANNOUNCEMENT FOR ANANNUAL ELECTRONICS
RECYCLING EVENT ON JANUARY 24, 2009
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
3:32 p.m.
ATTEST:
44ef
Mary Louise Scheidt, Clerk, Ad Interim esley S. Davis, Chairman
Minutes Approved: FEB 7 2009
BCC/MG/2008Minutes
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December 16, 2008
011 136 P6 434