HomeMy WebLinkAbout12/08/2009 (3)JEFFREY K. BARTON
Clerk to the Board
INDEX TO MINUTES OF REGULAR MEETING
OF BOARD OF COUNTY COMMISSIONERS
OF DECEMBER 8, 2009
1. CALL TO ORDER.
2. INVOCATION.....................................................................................................................
3. PLEDGE OF ALLEGIANCE.............................................................................................
..2
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS....................................2
Move: Item 7.1). Increasing Bid Threshold, Revising Purchase Requisition
Guidelines and Increasing Blanket Purchase Order Thresholds to
Consent Agenda, Item 8.1-1 ............................................................................ 2
Deletion: Item 8.E. Change of Schedued Days Opened and Closed at Shooting
Range............................................................................................................... 2
Addition:Item 13.A. Fellsmere Fire Hydrant Findings...................................................... 2
5. PROCLAMATIONS AND PRESENTATIONS..............................................................................3
5.A. PRESENTATION OF 2009 COOPERATOR OF THE YEAR PROCLAMATION TO BRIAN
AND VALERIE QUANT OF WHITE RABBIT ACRES BY DAVID E. GUNTER,
CHAIRMAN, THE INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT............ 3
5.13. PRESENTATION OF PROCLAMATION DESIGNATING DECEMBER 18, 2009 AS
«SANTAS FOR SENIORS" DAY.................................................................................. 3
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December 8, 2009
6. APPROVAL OF MINUTES-NONE.................................................................................................3
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING
BOARDACTION...............................................................................................................................3
7.A. CITY OF VERO BEACH APPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2009-2010......................................................................... 4
7.13. TREASURE COAST REGIONAL PLANNING COUNCIL 2009/2010 MEMBER AND
ALTERNATE MEMBER APPOINTMENTS..................................................................... 4
7.C. RESIGNATION OF REPRESENTATIVE FROM THE UNINCORPORATED AREA SOUTH
OF STATE ROAD 60 TO THE PARKS AND RECREATION COMMITTEE ............................ 4
7.D. INCREASING BID THRESHOLD, REVISING PURCHASE REQUISITION GUIDELINES
AND INCREASING BLANKET PURCHASE ORDER THRESHOLDS .................................... 4
8.
CONSENT AGENDA........................................................................................................................5
8.A.
APPROVAL OF WARRANTS AND WIRES, NOVEMBER 20, 2009 TO NOVEMBER 30,
2009....................................................................................................................... 5
8.13.
RESOLUTION ADOPTING THE FLORIDA STATE ASSOCIATION OF SUPERVISORS
OF ELECTIONS "POSITION PAPER" TO DELAY THE REQUIREMENT TO PURCHASE
THE STATE CERTIFIED AUTOMARK VOTING SYSTEM UNTIL 2016 ............................. 5
8.C.
REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT PARTICIPATION
AGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT).................................................................................................................. 6
8.D.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SALE OF
SURPLUS LAND C.R. 512 FELLSMERE...................................................................... 6
8.E.
CHANGE OF SCHEDULED DAYS OPENED AND CLOSED AT SHOOTING RANGE ............. 7
8.F.
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FY 2009/2010 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM ....................................... 7
8.G.
ACCEPTANCE OF PHASE II ENERGY SAVINGS AUDIT AND APPROVAL OF
SAVINGS................................................................................................................. 7
8.1-1.
INCREASING BID THRESHOLD, REVISING PURCHASE REQUISITION GUIDELINES
AND INCREASING BLANKET PURCHASE ORDER THRESHOLDS .................................... 8
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL AGENCIES -NONE .....................9
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December 8, 2009
10. PUBLIC ITEMS..................................................................................................................................9
10. A. PUBLIC HEARINGS-NONE.................................................................................. 9
10.B. PUBLIC DISCUSSION ITEMS.............................................................................. 9
l O.B. 1. REQUEST TO SPEAK FROM WILLIAM M. WELLS REGARDING SETBACKS .................... 9
10.C. PUBLIC NOTICE ITEMS................................................................................... 10
11. COUNTY ADMINISTRATOR MATTERS-NONE......................................................................11
12. DEPARTMENTAL MATTERS......................................................................................................11
12.A.
COMMUNITY DEVELOPMENT-NONE.......................................................................
11
12.A.1. APPROVAL OF BID AWARD FOR REHABILITATION OF SEVEN HOMES APPROVED
UNDER THE HURRICANE WILMA COMMUNITY DEVELOPMENT BLOCK GRANT
DISASTER RECOVERY INITIATIVE..........................................................................
1 1
12.13.
EMERGENCY SERVICES-NONE...............................................................................
12
12.C.
GENERAL SERVICES-NONE....................................................................................
12
12.D.
HUMAN RESOURCES-NONE....................................................................................
12
12.E.
HUMAN SERVICES-NONE.......................................................................................
12
12.F.
LEISURE SERVICES-NONE......................................................................................
12
12.G.
OFFICE OF MANAGEMENT AND BUDGET -NONE .......................................................
12
12.11.
RECREATION-NONE..............................................................................................
12
12.I.
PUBLIC WORKS.....................................................................................................
13
12.I.1.
STAFF UPDATE - SECTOR 3 BEACH RENOURISHMENT PROJECT ...............................
13
12.J.
UTILITIES SERVICES..............................................................................................
13
12.J.1 . BARBER STREET FDOT DRAINAGE IMPROVEMENTS, RESOLUTION OF CONFLICTS
WITH WATER MAIN, APPROVAL OF WORK AUTHORIZATION DIRECTIVE NO.
2009-005 BY SHELTRA & SONS CONSTRUCTION CO., INC., UCP NO. 4041, WIP
No. 47123536-044699-10503................................................................................
13
13. COUNTY ATTORNEY MATTERS-ADDITION.........................................................................14
13.A. FELLSMERE HYDRANT FINDINGS........................................................................... 14
14. COMMISSIONER ITEMS...............................................................................................................15
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE ......................................... 16
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December 8, 2009
14.13.
COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE ...........................................
16
14.C.
COMMISSIONER WESLEY S. DAVIS-NONE..............................................................
16
14.D.
COMMISIONER JOSEPH E. FLESCHER-NONE............................................................
16
14.E.
COMMISSIONER GARY C. WHEELER-NONE............................................................
16
15. SPECIAL DISTRICTS AND BOARDS.........................................................................................16
15.A.
EMERGENCY SERVICES DISTRICT..........................................................................
16
15.A.1 .
APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 15, 2009 .....................
16
15.A.2.
APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 22, 2009 ....................
16
15.A.3.
APPROVAL TO ADD THREE (3) LP -12 AND TWO (2) LP -15 CARDIAC MONITORS
TO EXISTING SERVICE AGREEMENT FOR FIRE RESCUE DIVISION FROM
MEDTRONIC EMERGENCY RESPONSE SYSTEMS.......................................................
16
15.13.
SOLID WASTE DISPOSAL DISTRICT.......................................................................
16
15.13.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 22, 2009 ...........................
17
15.13.2. REQUEST TO USE THE GENERAL FUND TO COVER LANDFILL DISPOSAL FEES FOR
PACE PROJECTS AND OTHER ILLEGAL DUMPING PROJECTS FOR FISCAL YEAR
2009/2010 ..........................................................................................................
17
15.C.
ENVIRONMENTAL CONTROL BOARD-NONE............................................................
17
f ._ 0,1611JR010I WIN
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December 8, 2009
JEFFREY K. BARTON
Clerk to the Board
December 8, 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, 180127 th Street, Vero Beach, Florida, on
Tuesday, December 8, 2009. Present were Chairman Peter D. O'Bryan, and 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 Maureen Gelfo.
1. CALL TO ORDER
Chairman O'Bryan called the meeting to order at 9:00 a.m.
2. INVOCATION
Reverend Jack Diehl, Our Savior Lutheran Church, delivered the Invocation.
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December 8, 2009
3. PLEDGE OF ALLEGIANCE
Commissioner Wesley S. Davis led the Pledge of Allegiance to the Flag.
4. ADDITIONS/DELETIONS TO THE AGENDA/EMERGENCY ITEMS
Chairman O'Bryan requested the following changes to today's Agenda:
MOVE: ITEM %.D. INCREASING BID THRESHOLD, REVISING PURCHASE REQUISITION
GUIDELINES AND INCREASING BLANKET PURCHASE ORDER THRESHOLDS TO CONSENT
AGENDA, ITEM 8. H.
DELETION.' ITEM 8.E. CHANGE OF SCHEDUED DAYS OPENED AND CLOSED AT SHOOTING
D A AT/+
ADDITION. -ITEM 13.A. FELLSMERE FIRE HYDRANT FINDINGS
ON MOTION by Commissioner Flescher, SECONDED
by Commissioner Davis, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Agenda as
amended.
Chairman O'Bryan conveyed that Vice President Solari was unable to be present at
today's meeting.
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December 8, 2009
5. PROCLAMATIONS AND PRESENTATIONS
S.A. PRESENTATION OF 2009 COOPERATOR OF THE YEAR PROCLAMATION TO
BRIANAND VALERIE QUANT OF WHITE RABBIT ACRES BYDAVID E.
GuNTER, CHAIRMAN, THE INDIAN RIVER SOIL AND WATER
CONSER VA TION DISTRICT
(Clerk's Note: This item was heard following Item S.B. and is placed here for
continuity).
David E. Gunter, Chairman of the Indian River Soil and Water Conservation District,
read and presented the Proclamation to Brian and Valerie Quant of White Rabbit Acres.
S.B. PRESENTATIONOFPROCLAMATIONDESIGNATINGDECEMBER I8, 2009
AS "SANTAS FOR SENIORS"DAY
(Clerk's Note: This item was heard following Item 4, and is placed here for continuity).
Commissioner Wheeler read and presented the Proclamation to Jennifer Jones, Director
of Corporate & Workplace Giving for United Way, and Jenna O'Connor, Program Director at
the Senior Resource Association. Ms. Jones described the Santas for Seniors program and the
Fill -the -Bus Challenge and on behalf of the Senior Resource Association, Ms. O'Connor thanked
Commissioners and the United Way for helping the community's senior citizens.
6. APPROVAL OF MINUTES -NONE
7. INFORMATIONAL ITEMS FROM STAFF OR COMMISSIONERS
NOT REOUIRING BOARD ACTION
December 8, 2009
7.A. CITY OF VERO BEACHAPPOINTMENTS TO COUNTY COMMITTEES AND
REGIONAL BOARDS FOR 2009-2010
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 2009 to November
2010 is on file in the Office of the Clerk to the Board.
7.B. TREASURE COAST REGIONAL PLANNING COUNCIL 2009/2010 MEMBER
AND ALTERNATE MEMBER APPOINTMENTS
The list of annual appointments for Indian River County and its Alternates to the
Treasure Coast Regional Planning Council for 2009/2010 is on file in the Office of the Clerk to
the Board. They are as follows: Commissioner Gary C. Wheeler, Member; Commissioner Bob
Solari, Member; City of Vero Beach Vice Mayor Sabin Abell, Member; and Commissioner Peter
D. O'Bryan, Alternate; Commissioner Joseph E. Flescher, Alternate; and City of Sebastian Vice
Mayor Jim Hill, Alternate.
7.0 RESIGNATION OF REPRESENTATIVE FROM THE UNINCORPORATED AREA
SOUTH OF STATE ROAD 60 TO THE PARKS AND RECREATION COMMITTEE
Noted for the record was the resignation of Mr. Scott Chisholm, representative from the
unincorporated area south of SR60 to the Parks and Recreation Committee. Mr. Chisholm
submitted his resignation November 30, 2009; his term would have expired in 2010.
7.D. INCREASING BID THRESHOLD, REVISING PURCHASE REQUISITION
GUIDELINES AND INCREASING BLANKET PURCHASE ORDER THRESHOLDS
Moved to Item 8.H.
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December 8, 2009
8. CONSENT AGENDA
Chairman O'Bryan pulled for discussion, Item 8.H.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the Consent Agenda,
as amended.
8.A. APPROVAL OF WARRANTS AND WIRES, NOVEMBER 20, 2009 To
NOVEMBER 30, 2009
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board unanimously approved the list of
Warrants and Wires as issued by the Clerk to the Board
for the time period of November 20, 2009 to November
30, 2009, as recommended in the memorandum of
November 30, 2009.
8.B. RESOL UTIONADOPTING THE FLORIDA STATE ASSOCIATION OF
SUPERVISORS OF ELECTIONS "POSITIONPAPER"To DELAY THE
REQUIREMENT TO PURCHASE THE STATE CERTIFIED AUTOMARK VOTING
SYSTEM UNTIL 2016
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved Resolution 2009-181,
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December 8, 2009
adopting the Florida State Association of Supervisors of
Elections (FSASE) "Position Paper" to delay the
requirement to purchase the State Certified Automark
voting system until 2016.
8.C. REQUEST TO ENTER INTO A PUBLIC TRANSPORTATION JOINT
PARTICIPATIONAGREEMENT (JPA) WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT)
ON MOTION by Davis, SECONDED by Commissioner
Flescher, by a 4-0 vote (Vice Chairman Solari absent), the
Board approved Resolution 2009-182, authorizing the
execution of a Public Transportation Joint Participation
Agreement with the Florida Department of Transportation.
8.D. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
SALE of SURPL US LAND C R. 512 FELLSMERE
ON MOTION by Davis, SECONDED by Commissioner
Flescher, by a 4-0 vote (Vice Chairman Solari absent), the
Board approved Resolution 2009-183, approving the
purchase of real property from the State of Florida and
declaring a public purpose, and providing an effective
date.
CONTRACT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
December 8, 2009
8.E. CHANGE OF SCHEDULED DAYS OPENED AND CLOSED AT SHOOTING
RANGE
Deleted
8.F. FLORIDA DEPARTMENT OFLAWENFORCEMENT FY2OO9/2OZOEDWARD
BYRNE MEMORIAL .JUSTICE ASSISTANCE GRANT (.JAG) PROGRAM
ON MOTION by Davis, SECONDED by Commissioner
Flescher, by a 4-0 vote (Vice Chairman Solari absent), the
Board approved: (1) the Certificate of Acceptance of
Subgrant Award for the Indian River County Substance
Abuse Drug Testing Program Grant (FY 2009/2010
Edward Byrne Memorial Justice Assistance Gant [JAG]
Program), in the amount of $25,979; and (2) the
Agreement with the Substance Abuse Council of Indian
River County, as recommended in the memorandum of
November 30, 2009.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.G. ACCEPTANCE OF PHASE HENERGYSAVINGSAUDIT AND APPROVAL OF
SAVINGS
ON MOTION by Davis, SECONDED by Commissioner
Flescher, by a 4-0 vote (Vice Chairman Solari absent), the
Board approved: (Energy Conservation Measures) ECM 1,
2, and 4 included in the Phase II Technical Audit; and (2)
authorized the Chairman to execute the Energy Savings
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December 8, 2009
Guarantee and Implementation contracts with FPL Energy
Services, Inc., after review and approval of the County
Attorney's office, as recommended in the memorandum of
December 1, 2009.
DOCUMENT IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD
8.K INCREASING BID THRESHOLD, REVISING PURCHASE REQUISITION
GUIDELINES AND INCREASING BLANKET PURCHASE ORDER THRESHOLDS
Chairman O'Bryan requested a brief summary of staff's request to increase bid and
blanket purchase order thresholds, and to revise purchase requisition guidelines.
General Services Director Thomas Frame updated the Board on the necessity to update
and streamline current purchasing procedures set forth in the County's Purchasing Manual,
which is currently being rewritten by staff. He recapped the memorandum of December 1, 2009
to provide background on staff's recommendations to increase the Minimum Bid Threshold
amount from $5,000 to $25,000; to increase the Mandatory Bid amount to $25,000; and to
increase the amount of a Blanket Purchase Order from $5,000 to $25,000, and the amount of a
single item in a Blanket Purchase Order from $200 to a maximum of $999.99. Director Frame
said the aforementioned items were critical in providing some relief to the departments in the
type of paperwork they process.
ON MOTION by Commissioner Flescher, SECONDED
by Chairman O'Bryan, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved to include the
following specifications in the revised Purchasing Manual:
(1) increase the Minimum Bid Threshold amount from
$5,000 to $25,000; (2) increase the Mandatory Bid
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December 8, 2009
amount in purchase requisition guidelines to $25,000; and
(3) increase the amount of a Blanket Purchase Order from
$5,000 to $25,000, and the amount of an individual item
in a Blanket Purchase Order from $200 to a maximum of
$999.99, as recommended in the memorandum of
December 1, 2009.
9. CONSTITUTIONAL OFFICERS AND GOVERNMENTAL
AGENCIES -NONE
10. PUBLIC ITEMS
M.A. PUBLICHEARINGS-NONE
IO.B. PUBLICDISCUSSIONITEMS
IO.B. I. REQUEST TO SPEAK FROM WILLIAMM WELLS REGARDING SETBACKS
William Wells, 8800 44`x' Avenue, displayed slides of various documents heretofore
provided to the Board in an informational packet (copy on file) containing details, pertinent
sections of County Code, correspondence, maps, surveys, and assorted photographs and
documents relative to his assertions of code violations and improper or after -the -fact permitting
for improvements made to a neighboring property located at 8810 44th Avenue, owned by Mr.
Chestnut. Mr. Wells outlined some of the alleged violations as follows: improper setback
distance of the Chestnut's dock, dock extension, boat lifts, block wall fence, sea wall, and pool
house from the mean high water line; riprap (fill) which had been placed along the wetland
shoreline; no permit for the second of two underground propane tanks; and improper height of
the front wall and gate.
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December 8, 2009
Responding to Commissioner Wheeler's query, Mr. Wells clarified that his primary
objective in pursuing his complaints was to bring certain structures on the subject property to
code, by either removing them, or in the case of the fence, by taking it down to 4 feet, which he
felt was consistent with code.
A lengthy discussion ensued during which Mr. Wells provided a detailed accounting on
violations which he maintained had occurred at the subject property, and staff elaborated on the
sections of County Code relating to the issues concerning Mr. Wells. Staff also explained
County policy on after -the -fact permit violations.
Commissioners, staff, and Mr. Wells continued to discuss the alleged violations.
Commissioner O'Bryan felt that staff had been consistent in its analyses that Mr.
Chestnut's permits are appropriate; however, the Board would have Code Enforcement look into
the additional propane tank for which there is no permit. He advised Mr. Wells to contact the
Department of Environmental Protection (DEP) for violations concerning the dock or the riprap,
noting that the County has already notified them regarding Mr. Chestnut's failure to respond to
DEP's directive to relocate one of his boat lifts.
The Chairman called a break at 10:38 a.m. and reconvened the meeting at 10:47 a.m.,
with all members present.
10. C. PUBLIC NOTICE ITEMS
10.C.1. NOTICE OF SCHED ULED PUBLIC HEARING DECEMBER 15
2009:
CONSIDERATION OF PROPOSED AMENDMENTS TO THE RS -6, RT -6, RM -6,
RM -8, AND RM -10 MAXIMUM BUILDING COVERAGE REGULATIONS
CHAPTER 911
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December 8, 2009
County Attorney Collins II read the notice into the record. He noted that on December
15, 2009, there would also be a Continuation of the Public Hearing on the Ordinance to Create a
New Gifford Community Center Municipal Service Taxing Unit (M.S.T.U)
11. COUNTY ADMINISTRATOR MATTERS -NONE
12. DEPARTMENTAL MATTERS
12.A. COMMUNITYDEVELOPMENT--NONE
12.A. I. APPROVAL OF BID AWARD FOR REHABILITATION OF SEVENHOMES
APPROVED UNDER THE HURRICANE WILMA COHHUNITYDEVELOPHENT
BLOCK GRANT DISASTER RECOVERYINITIATIVE
Director Keating explained that this was the third group of recipients of the Hurricane
Wilma Community Development Block Grant (CDBG) Disaster Recovery Initiative. He said
that staff finds the bids acceptable, and explained that there was a requirement to ensure that no
conflict of interest exists between the Commissioners and contractors performing the
rehabilitation work.
Commissioners Flescher, Davis, O'Bryan, and Wheeler, respectively, attested there were
no conflicts of interest.
ON MOTION by Commissioner Davis, SECONDED by
Commissioner Flescher, by a 4-0 vote (Vice Chairman
Solari absent), the Board approved the following
contractors and total awards for each of the following
applicants: 1. Ewar, Terry (3821 44th Street) to M.W.
Patrick Jr., Ft. Pierce, FL for the total amount of
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December 8, 2009
$4,915.20; 2. Council, Ernie (4711 30th Ave.) to M.W.
Patrick Jr., Ft. Pierce, FL for the total amount of
$5,250.00; 3. Johnson, Mary (4855 32nd Ave.) to M.W.
Patrick Jr., Ft. Pierce, FL for the total amount of
$5,959.20; 4. Dillard, Henry (4726 28th Court) to M.W.
Patrick Jr., Ft. Pierce, FL for the total amount of
$8,019.60; 5. Barton, Bertha (2836 48th Street) to
McAlhany Construction CompanX, Vero Beach, FL for
the total amount of $2,262.00; 6. Simmons, Julia (1036
23rd Place SW) to McAlhany Construction CompanX,
Vero Beach, FL for the total amount of $3,564.00; and 7.
Flemming, Trenisha (4445 281h Court) to McAlhany
Construction CompanX, Vero Beach, FL for the total
amount of $3,192.00.
12.B. EMERGENCYSERVICES-NONE
12. C. GENERAL SERVICES -NONE
I2.D. HUMANRESOURCES NONE
12.E. HUMANSERVICES-NONE
I2.F. LEISURE SERVICES -NONE
12.G. OFFICE OF MANAGEMENT AND B UDGET--NONE
I2.H. RECREATION -NONE
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December 8, 2009
12.L PUBLIC WORKS
12.1.1. STAFF UPDATE — SECTOR 3 BEA CHRENOURISHMENT PROJECT
Coastal Resource Manager Jonathan Gorham advised that the County is on track for a
permit issuance for the Sector 3 project in time for project construction this year. He stated that
the U.S. Fish and Wildlife Service (USFWS) has issued its biological opinion, an important pre-
requisite for the issuance of the federal and state permits. He reported that: (1) permits from both
the U.S. Army Corps of Engineers and the Florida Department of Environmental Protection
should be forthcoming by the end of December 2009; (2) the Archaeological and Cultural Survey
of the project area has been concluded, with no adverse impacts found to permitting or
scheduling; and (3) that temporary construction easement packets are being mailed out this week
to every ocean front homeowner, which will allow staff to place sand on that portion of beach
above the mean high water that is on private property. Concluding his update, Dr. Gorham said
there was now a link directly from the County's website at http://www.iregov.com/ to the Sector
3 Beach Renourishment Project webpage.
Commissioner O'Bryan commended the U.S. Fish and Wildlife Service staff for their
hard work in expediting the biological opinion.
12.J. UTILITIES SERVICES
12..1.1. BARBER STREET FDOT DRAINAGE IMPROVEMENTS, RESOLUTION OF
CONFLICTS WITH WATER MAIN, APPROVAL OF WORKAUTHORmTION
DIRECTIVE NO. 2009-005 BYSHEL TRA & SONS CONSTRUCTION CO., INC.,
UCPNO.4041, WIPNO.47123536-044699-10503
MOTION WAS MADE by Commissioner Davis,
SECONDED by Commissioner Flescher, to approve the
project (resolving conflicts - Barber Street FDOT Water
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December 8, 2009
Main) at a total estimated cost of $105,970.78, and
authorize the Chairman to execute Work Authorization
Directive No. 2009-005 to the Utilities Department of
Labor Contractor, Sheltra & Sons Construction Co., Inc.,
for $43,985.78.
Director of Utilities Erik Olson conveyed that he has requested reimbursement for this
Federal Stimulus -funded project for Barber Street drainage improvements. The reimbursement
may be handled either by incorporating the funding into the project, or by simple remuneration to
the County.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Vice Chairman Solari absent), the Board approved
the project (resolving conflicts - Barber Street FDOT
Water Main) at a total estimated cost of $105,970.78, and
authorized the Chairman to execute Work Authorization
Directive No. 2009-005 to the Utilities Department of
Labor Contractor, Sheltra & Sons Construction Co., Inc.,
for $43,985.78.
13. COUNTY ATTORNEY MATTERS -ADDITION
B.A. FELLSMERE HYDRANT FINDINGS
County Attorney William Collins summarized the key points of this item, which relates
to the County's contesting the constitutionality of the City of Fellsmere's Ordinance which holds
the County responsible for payment for Fellsmere's fire hydrant maintenance, whereas State law
requires the owners of the hydrants to maintain them. He advised Board members that on
December 7, 2009, the County Attorney's office had received the City of Fellsmere Code
Enforcement Special Master's ruling that the County must remit to the City of Fellsmere the
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December 8, 2009
unpaid balance of approximately $12,500 for hydrant inspection fees, and miscellaneous
additional fees, bringing the assessment against the County to around $25,000. Attorney Collins
explained that the Special Master did not decide the issue of constitutionality in his ruling, and
believed if the matter was appealed to Circuit Court, said matter would be addressed, and the
County would have a strong argument. He thereafter requested authorization to file the appeal.
MOTION WAS MADE by Commissioner Wheeler,
SECONDED by Commissioner Flescher, to authorize the
County Attorney to appeal to the Circuit Court, the City of
Fellsmere Code Enforcement Special Master's ruling that
the County must remit to the City of Fellsmere the unpaid
balance of the Annual Fire Protection Charge for fire
hydrant maintenance.
Chairman Davis asked whether it would be best to pay the outstanding fee before
proceeding with the matter of the Fellsmere Ordinance's constitutionality, and Attorney Collins
stated there was no benefit to paying the fee right now.
The Chairman CALLED THE QUESTION, and by a 4-0
vote (Vice Chairman Solari absent) the Board authorized
the County Attorney to appeal to the Circuit Court, the
City of Fellsmere's Code Enforcement Special Master's
ruling that the County must remit to the City of Fellsmere
the unpaid balance of the Annual Fire Protection Charge
for fire hydrant maintenance.
14. COMMISSIONER ITEMS
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December 8, 2009
14.A. COMMISSIONER PETER D. O'BRYAN, CHAIRMAN -NONE
14.B. COMMISSIONER BOB SOLARI, VICE CHAIRMAN -NONE
14.C. COMMISSIONER WESLEYS. DAVIS-NONE
14. D. COMMISIONER JOSEPH E. FLESCHER-NONE
14. E. COMMISSIONER GARY C. WHEELER NONE
15. SPECIAL DISTRICTS AND BOARDS
15.A. EMERGENCYSERVICESDISTRICT
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.
15.A.1. APPROVAL OF MINUTES REGULAR MEETING OF SEPTEMBER 15,200
15.A.2. APPROVAL OFMINUTESREGULAR MEETING OFSEPTEMBER 22, 2009
15.A.3. APPROVAL TO ADD THREE (3) LP -12 AND TWO (2) LP -15 CARDIAC
MONITORS TO EXISTING SERVICE AGREEMENT FOR FIRE RESCUE
DIVISION FROM MEDTRONIC EMERGENCY RESPONSE SYSTEMS
15.B. SoLm WASTE DISPOSAL DISTRICT
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December 8, 2009
The Chairman announced that immediately upon adjournment of the Emergency Services
District Board Meeting, the Board would reconvene as the Board of Commissioners of the Solid
Waste Disposal District. Those Minutes are being prepared separately.
1 S B. I. APPROVAL OF MINUTES REGULAR MEETING OF SEPT EMBER 22, 2009
15.82. REQ VEST TO USE THE GENERAL FUND TO COVER LANDFILL DISPOSAL
FEES FOR PACE PROJECTS AND OTHER ILLEGAL DUMPING PROJECTS
FoR FISCAL YEAR 200912010
M.C. ENVIRONMENTAL CONTROL BDARD-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 11:04
a.m.
ATTEST:
Jeffrey K. Barton, Clerk
Minutes Approved: FEB 0 2 2010
BCC/MG/2009Minutes
December 8, 2009
i
Peter D. O'Bryan, Chairman
17